[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2764 Public Print (PP)]
1st Session
H. R. 2764
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 6, 2007
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2008, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:</DELETED>
<DELETED>TITLE I</DELETED>
<DELETED>DEPARTMENT OF STATE</DELETED>
<DELETED>DEPARTMENT OF STATE AND RELATED AGENCIES</DELETED>
<DELETED>DEPARTMENT OF STATE</DELETED>
<DELETED>Administration of Foreign Affairs</DELETED>
<DELETED>diplomatic and consular programs</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including employment,
without regard to civil service and classification laws, of persons on
a temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,820,018,000 (reduced by
$36,700,000) (reduced by $1,000,000): Provided, That of the amount made
available under this heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds in the ``Emergencies in the
Diplomatic and Consular Service'' appropriations account, to be
available only for emergency evacuations and terrorism rewards:
Provided further, That of the amount made available under this heading,
not less than $363,905,000 shall be available only for public diplomacy
international information programs: Provided further, That of the
amount appropriated under this heading, $5,000,000 shall be available
for the Secretary to establish and operate a public/private interagency
public diplomacy center which shall serve as a program integration and
coordination entity for United States public diplomacy programs:
Provided further, That of the amounts appropriated under this heading,
$4,000,000, to remain available until expended, shall be for
compensation to the families of members of the Foreign Service or other
United States Government employees or their dependents, who were killed
in terrorist attacks since 1979: Provided further, That none of the
funds made available for compensation in the previous proviso may be
obligated without specific authorization in a subsequent Act of
Congress: Provided further, That of the amount made available under
this heading, $3,000,000 shall be available only for the operations of
the Office on Right-Sizing the United States Government Overseas
Presence: Provided further, That not less than $5,000,000 shall be for
the Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union (title VIII) as
authorized by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501-4508, as amended): Provided further, That funds
available under this heading may be available for a United States
Government interagency task force to examine, coordinate and oversee
United States participation in the United Nations headquarters
renovation project: Provided further, That no funds may be obligated or
expended for processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least 15 days
in advance, the Committees on Appropriations of the House of
Representatives and the Senate are notified of such proposed action:
Provided further, That funds appropriated under this heading are
available, pursuant to 31 U.S.C. 1108(g), for the field examination of
programs and activities in the United States funded from any account
contained in this title.</DELETED>
<DELETED> In addition, not to exceed $1,558,390 shall be derived
from fees collected from other executive agencies for lease or use of
facilities located at the International Center in accordance with
section 4 of the International Center Act; in addition, as authorized
by section 5 of such Act, $490,000, to be derived from the reserve
authorized by that section, to be used for the purposes set out in that
section; in addition, as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be credited to this appropriation
from fees or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor programs; and,
in addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House
facilities.</DELETED>
<DELETED> In addition, for the costs of worldwide security upgrades,
$964,760,000, to remain available until expended.</DELETED>
<DELETED>capital investment fund</DELETED>
<DELETED> For necessary expenses of the Capital Investment Fund,
$59,062,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not apply to
funds available under this heading.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General,
$32,508,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post
inspections.</DELETED>
<DELETED>educational and cultural exchange programs</DELETED>
<DELETED> For expenses of educational and cultural exchange
programs, as authorized, $501,400,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain available
until expended, may be credited to this appropriation from fees or
other payments received from or in connection with English teaching,
educational advising and counseling programs, and exchange visitor
programs as authorized: Provided further, That of the amount made
available under this heading, $6,000,000 shall be transferred to the
Fund established by section 313 of the Legislative Branch
Appropriations Act, 2001 (2 U.S.C. 1151).</DELETED>
<DELETED>representation allowances</DELETED>
<DELETED> For representation allowances as authorized,
$8,175,000.</DELETED>
<DELETED>protection of foreign missions and officials</DELETED>
<DELETED> For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective services, as
authorized, $28,000,000, to remain available until September 30,
2009.</DELETED>
<DELETED>embassy security, construction, and maintenance</DELETED>
<DELETED> For necessary expenses for carrying out the Foreign
Service Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are owned or
directly leased by the Department of State, renovating, in addition to
funds otherwise available, the Harry S Truman Building, and carrying
out the Diplomatic Security Construction Program as authorized,
$729,898,000, to remain available until expended as authorized, of
which not to exceed $25,000 may be used for domestic and overseas
representation as authorized: Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of
furniture, furnishings, or generators for other departments and
agencies.</DELETED>
<DELETED> In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $806,900,000, to remain
available until expended.</DELETED>
<DELETED>emergencies in the diplomatic and consular service</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For expenses necessary to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular
Service, $14,000,000, to remain available until expended as authorized,
of which not to exceed $1,000,000 may be transferred to and merged with
the ``Repatriation Loans Program Account'', subject to the same terms
and conditions.</DELETED>
<DELETED>repatriation loans program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of direct loans, $678,000, as authorized:
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.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct loan program, $607,000, which may be transferred
to and merged with funds in the ``Diplomatic and Consular Programs''
account.</DELETED>
<DELETED>payment to the american institute in taiwan</DELETED>
<DELETED> For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $16,351,000.</DELETED>
<DELETED>payment to the foreign service retirement and disability
fund</DELETED>
<DELETED> For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $158,900,000.</DELETED>
<DELETED>International Organizations</DELETED>
<DELETED>contributions to international organizations</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary to
meet annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice and
consent of the Senate, conventions or specific Acts of Congress,
$1,354,400,000: Provided, That the Secretary of State shall, at the
time of the submission of the President's budget to Congress under
section 1105(a) of title 31, United States Code, transmit to the
Committees on Appropriations the most recent biennial budget prepared
by the United Nations for the operations of the United Nations:
Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget and cause the United Nations budget for the biennium 2008-2009
to exceed the revised United Nations budget level for the biennium
2006-2007 of $4,173,895,900: Provided further, That any payment of
arrearages under this title shall be directed toward special activities
that are mutually agreed upon by the United States and the respective
international organization: Provided further, That none of the funds
appropriated in this paragraph shall be available for a United States
contribution to an international organization for the United States
share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings.</DELETED>
<DELETED>contributions for international peacekeeping
activities</DELETED>
<DELETED> For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,302,000,000, of
which 15 percent shall remain available until September 30, 2009:
Provided, That none of the funds made available under this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency as far in advance as is practicable): (1) the
Committees on Appropriations and other appropriate committees of the
Congress are notified of the estimated cost and length of the mission,
the national interest that will be served, and the planned exit
strategy; (2) the Committees on Appropriations and other appropriate
committees of the Congress are notified that the United Nations has
taken appropriate measures to prevent United Nations employees,
contractor personnel, and peacekeeping forces serving in any United
Nations peacekeeping mission from trafficking in persons, exploiting
victims of trafficking, or committing acts of illegal sexual
exploitation, and to hold accountable individuals who engage in such
acts while participating in the peacekeeping mission, including the
prosecution in their home countries of such individuals in connection
with such acts; and (3) a reprogramming of funds pursuant to section
615 of this Act is submitted, and the procedures therein followed,
setting forth the source of funds that will be used to pay for the cost
of the new or expanded mission: Provided further, That funds shall be
available for peacekeeping expenses only upon a certification by the
Secretary of State to the appropriate committees of the Congress that
American manufacturers and suppliers are being given opportunities to
provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers.</DELETED>
<DELETED>International Commissions</DELETED>
<DELETED> For necessary expenses, not otherwise provided for, to
meet obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:</DELETED>
<DELETED>international boundary and water commission, united states and
mexico</DELETED>
<DELETED> For necessary expenses for the United States Section of
the International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For salaries and expenses, not otherwise provided for,
$30,430,000.</DELETED>
<DELETED>construction</DELETED>
<DELETED> For detailed plan preparation and construction of
authorized projects, $15,725,000, to remain available until expended,
as authorized.</DELETED>
<DELETED>american sections, international commissions</DELETED>
<DELETED> For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$10,630,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint
Commission.</DELETED>
<DELETED>international fisheries commissions</DELETED>
<DELETED> For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$26,000,000: Provided, That the United States share of such expenses
may be advanced to the respective commissions pursuant to 31 U.S.C.
3324.</DELETED>
<DELETED>Other</DELETED>
<DELETED>payment to the asia foundation</DELETED>
<DELETED> For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $15,000,000, to remain available
until expended, as authorized.</DELETED>
<DELETED>center for middle eastern-western dialogue trust
fund</DELETED>
<DELETED> For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest and
earnings accruing to such Fund on or before September 30, 2008, to
remain available until expended.</DELETED>
<DELETED>eisenhower exchange fellowship program</DELETED>
<DELETED> For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2008, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal
services.</DELETED>
<DELETED>israeli arab scholarship program</DELETED>
<DELETED> For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all
interest and earnings accruing to the Israeli Arab Scholarship Fund on
or before September 30, 2008, to remain available until
expended.</DELETED>
<DELETED>national endowment for democracy</DELETED>
<DELETED> For grants made by the Department of State to the National
Endowment for Democracy as authorized by the National Endowment for
Democracy Act, $80,000,000, to remain available until
expended.</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>Broadcasting Board of Governors</DELETED>
<DELETED>international broadcasting operations</DELETED>
<DELETED> For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and reception and
purchase, lease, and installation of necessary equipment for radio and
television transmission and reception to Cuba, and to make and
supervise grants for radio and television broadcasting to the Middle
East, $671,632,000 (increased by $10,000,000) (reduced by $10,000,000):
Provided, That of the total amount in this heading, not to exceed
$16,000 may be used for official receptions within the United States as
authorized, not to exceed $35,000 may be used for representation abroad
as authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/Radio
Liberty; and in addition, notwithstanding any other provision of law,
not to exceed $2,000,000 in receipts from advertising and revenue from
business ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.</DELETED>
<DELETED>broadcasting capital improvements</DELETED>
<DELETED> For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and reception, and
purchase and installation of necessary equipment for radio and
television transmission and reception as authorized, $10,748,000, to
remain available until expended, as authorized.</DELETED>
<DELETED>Commission for the Preservation of America's Heritage
Abroad</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section 1303 of
Public Law 99-83.</DELETED>
<DELETED>Commission on International Religious Freedom</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,400,000, to remain available until September 30, 2009.</DELETED>
<DELETED>Commission on Security and Cooperation in Europe</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $2,037,000,
to remain available until September 30, 2009.</DELETED>
<DELETED>Congressional-Executive Commission on the People's Republic of
China</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of official
representation, to remain available until September 30, 2009.</DELETED>
<DELETED>United States-China Economic and Security Review
Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not more than
$5,000 for the purpose of official representation, to remain available
until September 30, 2009: Provided, That for purposes of costs relating
to printing and binding, the Commission shall be deemed, effective on
the date of its establishment, to be a committee of Congress: Provided
further, That compensation for the executive director of the Commission
may not exceed the rate payable for level II of the Executive Schedule
under section 5314 of title 5, United States Code: Provided further,
That section 1238(c)(1) of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001, is amended by striking ``June''
and inserting ``December'': Provided further, That travel by members of
the Commission and its staff shall be arranged and conducted under the
rules and procedures applying to travel by members of the House of
Representatives and its staff: Provided further, That section 1238 of
the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 is amended by striking subsection (g).</DELETED>
<DELETED>United States Institute of Peace</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace Act,
$25,000,000 (increased by $1,000,000), to remain available until
September 30, 2009.</DELETED>
<DELETED>GENERAL PROVISIONS--DEPARTMENT OF STATE AND RELATED
AGENCIES</DELETED>
<DELETED>allowances and differentials</DELETED>
<DELETED> Sec. 101. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).</DELETED>
<DELETED>unobligated balances report</DELETED>
<DELETED> Sec. 102. The Department of State and the Broadcasting
Board of Governors shall provide to the Committees on Appropriations a
quarterly accounting of the cumulative balances of any unobligated
funds that were received by such agency during any previous fiscal
year.</DELETED>
<DELETED>embassy construction</DELETED>
<DELETED> Sec. 103. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a
diplomatic facility of the United States may not include office space
or other accommodations for an employee of a Federal agency or
department if the Secretary of State determines that such department or
agency has not provided to the Department of State the full amount of
funding required by subsection (e) of section 604 of the Secure Embassy
Construction and Counterterrorism Act of 1999 (as enacted into law by
section 1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-453), as amended by section 629 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2005.</DELETED>
<DELETED> (b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States may
include office space or other accommodations for members of the Marine
Corps.</DELETED>
<DELETED>peacekeeping missions</DELETED>
<DELETED> Sec. 104. None of the funds made available under title I
of this Act may be used for any United Nations undertaking when it is
made known to the Federal official having authority to obligate or
expend such funds that: (1) the United Nations undertaking is a
peacekeeping mission; (2) such undertaking will involve United States
Armed Forces under the command or operational control of a foreign
national; and (3) the President's military advisors have not submitted
to the President a recommendation that such involvement is in the
national security interests of the United States and the President has
not submitted to the Congress such a recommendation.</DELETED>
<DELETED>denial of visas</DELETED>
<DELETED> Sec. 105. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for any
purpose for which appropriations are prohibited by section 616 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.</DELETED>
<DELETED> (b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2008.</DELETED>
<DELETED>senior policy operating group</DELETED>
<DELETED> Sec. 106. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 105(f) of the Victims
of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f))
to coordinate agency activities regarding policies (including grants
and grant policies) involving the international trafficking in persons,
shall coordinate all such policies related to the activities of
traffickers and victims of severe forms of trafficking.</DELETED>
<DELETED> (b) None of the funds provided under title I of this or
any other Act making appropriations for Department of State and Related
Agencies shall be expended to perform functions that duplicate
coordinating responsibilities of the Operating Group.</DELETED>
<DELETED> (c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section
105(f).</DELETED>
<DELETED>united states citizens born in jerusalem</DELETED>
<DELETED> Sec. 107. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a United
States citizen born in the city of Jerusalem, the Secretary of State
shall, upon request of the citizen, record the place of birth as
Israel.</DELETED>
<DELETED>e-government initiatives</DELETED>
<DELETED> Sec. 108. Any funds provided under title I of this Act
used to implement E-Government Initiatives shall be subject to the
procedures set forth in section 615 of this Act.</DELETED>
<DELETED>consulting services</DELETED>
<DELETED> Sec. 109. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing
law.</DELETED>
<DELETED>limitation on diplomatic or consular post in</DELETED>
<DELETED>the socialist republic of vietnam</DELETED>
<DELETED> Sec. 110. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for any
purpose for which appropriations are prohibited by section 609 of the
Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1999.</DELETED>
<DELETED> (b) The requirements in subparagraphs (A) and (B) of
section 609 of that Act shall continue to apply during fiscal year
2008.</DELETED>
<DELETED>state department authorities</DELETED>
<DELETED> Sec. 111. Funds appropriated under title I of this Act for
the Broadcasting Board of Governors and the Department of State may be
obligated and expended notwithstanding section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
103-236), and section 504(a)(1) of the National Security Act of 1947
(50 U.S.C. 414(a)(1)).</DELETED>
<DELETED>restriction on contributions to the united nations</DELETED>
<DELETED> Sec. 112. None of the funds appropriated or otherwise made
available under title I of this Act may be made available to pay any
contribution of the United States to the United Nations if the United
Nations implements or imposes any taxation on any United States
persons.</DELETED>
<DELETED>personnel actions</DELETED>
<DELETED> Sec. 113. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds between
appropriations accounts as may be necessary to carry out this section
is provided in addition to authorities included elsewhere in this Act:
Provided further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 615(a) and (b) of
this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.</DELETED>
<DELETED>restrictions on united nations delegations</DELETED>
<DELETED> Sec. 114. None of the funds made available under title I
of this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of the United
Nations if such commission is chaired or presided over by a country,
the government of which the Secretary of State has determined, for
purposes of section 6(j)(1) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)(1)), has provided support for acts of
international terrorism.</DELETED>
<DELETED>TITLE II--EXPORT AND INVESTMENT ASSISTANCE</DELETED>
<DELETED>Export-Import Bank of the United States</DELETED>
<DELETED>inspector general</DELETED>
<DELETED> 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,
2009.</DELETED>
<DELETED>program account</DELETED>
<DELETED> The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with law,
and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying out the
program for the current fiscal year for such corporation: Provided,
That none of the funds available during the current fiscal year may be
used to make expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other than a
nuclear-weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2008: Provided further, That not less than 10
percent of the aggregate loan, guarantee, and insurance authority
available to the Export-Import Bank under this or any prior Act should
be used for renewable energy and environmentally beneficial products
and services.</DELETED>
<DELETED>subsidy appropriation</DELETED>
<DELETED> For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-Import
Bank Act of 1945, as amended, $68,000,000, to remain available until
September 30, 2011: 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, 2026, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2008, 2009, 2010, and 2011: 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.</DELETED>
<DELETED>administrative expenses</DELETED>
<DELETED> For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and not to
exceed $30,000 for official reception and representation expenses for
members of the Board of Directors, $78,000,000: Provided, That the
Export-Import Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical services in
connection with any transaction for which an application for a loan,
guarantee or insurance commitment has been made: Provided further,
That, notwithstanding subsection (b) of section 117 of the Export
Enhancement Act of 1992, subsection (a) thereof shall remain in effect
until October 1, 2008.</DELETED>
<DELETED>Overseas Private Investment Corporation</DELETED>
<DELETED>non-credit account</DELETED>
<DELETED> The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided by 31
U.S.C. 9104, such expenditures and commitments within the limits of
funds available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $47,500,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this
heading.</DELETED>
<DELETED>program account</DELETED>
<DELETED> For the cost of direct and guaranteed loans, $20,000,000,
as authorized by section 234 of the Foreign Assistance Act of 1961, to
be derived by transfer from the Overseas Private Investment Corporation
Non-Credit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2008, 2009, and 2010:
Provided further, That funds so obligated in fiscal year 2008 remain
available for disbursement through 2016; funds obligated in fiscal year
2009 remain available for disbursement through 2017; funds obligated in
fiscal year 2010 remain available for disbursement through 2018:
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.</DELETED>
<DELETED> 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 Non-Credit Account and merged with said account.</DELETED>
<DELETED>Trade and Development Agency</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,400,000, to
remain available until September 30, 2009.</DELETED>
<DELETED>TITLE III--BILATERAL ECONOMIC ASSISTANCE</DELETED>
<DELETED>Funds Appropriated to the President</DELETED>
<DELETED> 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, 2008, unless
otherwise specified herein, as follows:</DELETED>
<DELETED>united states agency for international development</DELETED>
<DELETED>child survival and health programs fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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,
$1,955,150,000 (reduced by $25,000,000) (increased by $50,000,000)
(increased by $5,000,000) (reduced by $5,000,000), to remain available
until September 30, 2009: Provided, That this amount shall be made
available for such activities as: (1) immunization programs; (2) oral
rehydration programs and pneumonia prevention and treatment 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 infected or affected 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:
$374,150,000 for child survival and maternal health; $15,000,000 for
vulnerable children; $350,000,000 for HIV/AIDS; $591,000,000 for other
infectious diseases; and $375,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of the funds
appropriated under this heading, and in addition to funds allocated
under the previous proviso, not less than $250,000,000 shall be made
available, notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act
of 2003 (Public Law 108-25), for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (the ``Global
Fund''), and shall be expended at the minimum rate necessary to make
timely payment for projects and activities: Provided further, That of
the funds appropriated under this heading, $70,000,000 should be made
available for a United States contribution to The GAVI Fund, and up to
$6,000,000 may be transferred to and merged with funds appropriated by
this Act under the heading ``Operating Expenses of the United States
Agency for International Development'' for costs directly related to
international health, but funds made available for such costs may not
be derived from amounts made available for contributions under this and
preceding provisos: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any determination
made under the previous proviso must be made no later than six months
after the date of enactment of this Act, and must be accompanied by a
comprehensive analysis as well as the complete evidence and criteria
utilized to make the determination: Provided further, That none of the
funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate
or coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary
family planning project shall meet the following requirements: (1)
service providers or referral agents in the project shall not implement
or be subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators
for budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of
total number of births, number of family planning acceptors, or
acceptors of a particular method of family planning; (3) the project
shall not deny any right or benefit, including the right of access to
participate in any program of general welfare or the right of access to
health care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide family
planning acceptors comprehensible information on the health benefits
and risks of the method chosen, including those conditions that might
render the use of the method inadvisable and those adverse side effects
known to be consequent to the use of the method; and (5) the project
shall ensure that experimental contraceptive drugs and devices and
medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
Administrator of the United States Agency for International Development
determines that there has been a violation of the requirements
contained in paragraph (1), (2), (3), or (5) of this proviso, or a
pattern or practice of violations of the requirements contained in
paragraph (4) of this proviso, the Administrator shall submit to the
Committees on Appropriations a report containing a description of such
violation and the corrective action taken by the Agency: Provided
further, That in awarding grants for natural family planning under
section 104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning; and,
additionally, all such applicants shall comply with the requirements of
the previous proviso: Provided further, That for purposes of this or
any other Act authorizing or appropriating funds for foreign
operations, export financing, and related programs, the term
``motivate'', as it relates to family planning assistance, shall not be
construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That to the maximum extent feasible, taking into consideration
cost, timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are made
available for condom procurement shall be made available only for the
procurement of condoms manufactured in the United States: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by
this Act shall be medically accurate and shall include the public
health benefits and failure rates of such use.</DELETED>
<DELETED>development assistance</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and chapter 10 of
part I of the Foreign Assistance Act of 1961, $1,733,760,000 (increased
by $5,000,000) (reduced by $5,000,000), to remain available until
September 30, 2009: Provided, That $519,000,000 shall be allocated for
basic education: Provided further, That of the funds appropriated under
this heading and managed by the United States Agency for International
Development Bureau of Democracy, Conflict, and Humanitarian Assistance,
not less than $35,000,000 shall be made available only for programs to
improve women's leadership capacity in recipient countries: Provided
further, That such funds may not be made available for construction:
Provided further, That of the funds appropriated in this Act,
$300,000,000 shall be made available for access to safe water and water
management programs: Provided further, That of the funds appropriated
under this heading, $175,000,000 shall be made available for
biodiversity and environmental programs: Provided further, That of the
funds appropriated under this heading that are made available for
assistance programs for displaced and orphaned children and victims of
war, not to exceed $42,500, in addition to funds otherwise available
for such purposes, may be used to monitor and provide oversight of such
programs: Provided further, That funds appropriated under this heading
should be made available for programs in sub-Saharan Africa to address
sexual and gender-based violence.</DELETED>
<DELETED>international disaster and famine assistance</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for international
disaster relief, rehabilitation, and reconstruction assistance,
$322,350,000, to remain available until expended, of which $20,000,000
should be for famine prevention and relief.</DELETED>
<DELETED>transition initiatives</DELETED>
<DELETED> For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to section 491 of
the Foreign Assistance Act of 1961, $40,000,000, to remain available
until expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance.</DELETED>
<DELETED>development credit authority</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $21,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under the
heading ``Assistance for Eastern Europe and the Baltic States'':
Provided, That such funds shall be made available only for micro and
small enterprise programs, urban programs, and other programs which
further the purposes of part I of the Act: Provided further, That such
costs, including the cost of modifying such direct and guaranteed
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That funds made available by
this paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used for such
costs shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the provisions of
section 107A(d) (relating to general provisions applicable to the
Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be
applicable to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to subsidize
total loan principal, any portion of which is to be guaranteed, of up
to $700,000,000.</DELETED>
<DELETED> In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $7,400,000, which may be transferred to and
merged with the appropriation for Operating Expenses of the United
States Agency for International Development: Provided, That funds made
available under this heading shall remain available until September 30,
2010.</DELETED>
<DELETED>operating expenses of the united states agency for
international development</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $625,700,000, of
which up to $25,000,000 may remain available until September 30, 2009:
Provided, That none of the funds appropriated under this heading and
under the heading ``Capital Investment Fund'' may be made available to
finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by the
United States Agency for International Development, unless the
Administrator has identified such proposed construction (including
architect and engineering services), purchase, or long-term lease of
offices in a report submitted to the Committees on Appropriations at
least 15 days prior to the obligation of these funds for such purposes:
Provided further, That the previous proviso shall not apply where the
total cost of construction (including architect and engineering
services), purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements entered into
with funds appropriated under this heading may entail commitments for
the expenditure of such funds through fiscal year 2009: Provided
further, That none of the funds in this Act may be used to open or
close an overseas mission of the United States Agency for International
Development without the prior written notification to the Committees on
Appropriations: Provided further, That the authority of sections 610
and 109 of the Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out chapter
1 of part I of such Act to ``Operating Expenses of the United States
Agency for International Development'' in accordance with the
provisions of those sections: Provided further, That none of the funds
appropriated by this Act or any prior Act making appropriations for
foreign operations, export financing, or related programs may be used
by the United States Agency for International Development for the rent
of buildings and space in buildings in the United States pursuant to
the authority of section 636(a)(1) of the Foreign Assistance Act of
1961: Provided further, That the previous proviso shall not apply to
any lease, agreement, or other instrument executed for the purpose of
maintaining United States Agency for International Development
continuity of operations and to the cost of terminating the domestic
lease executed on September 30, 2005.</DELETED>
<DELETED>capital investment fund of the united states agency for
international development</DELETED>
<DELETED> For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section 667 of
the Foreign Assistance Act of 1961, $87,300,000, to remain available
until expended: Provided, That this amount is in addition to funds
otherwise available for such purposes: Provided further, That funds
appropriated under this heading shall be available for obligation only
pursuant to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $75,144,500 may be made available for the
purposes of implementing the Capital Security Cost Sharing
Program.</DELETED>
<DELETED>operating expenses of the united states agency for
international development office of inspector general</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $38,000,000, to
remain available until September 30, 2009, which sum shall be available
for the Office of the Inspector General of the United States Agency for
International Development.</DELETED>
<DELETED>Other Bilateral Economic Assistance</DELETED>
<DELETED>economic support fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
chapter 4 of part II, $2,656,506,000 (reduced by $25,000,000)
(increased by $75,000,000) (reduced by $75,000,000) (increased by
$36,700,000), to remain available until September 30, 2009: Provided,
That of the funds appropriated under this heading, not less than
$415,000,000 shall be available only for Egypt, which sum shall be
provided on a grant basis, and of which sum cash transfer assistance
shall be provided with the understanding that Egypt will undertake
significant economic and political reforms which are additional to
those which were undertaken in previous fiscal years: Provided further,
That with respect to the provision of assistance for Egypt for
democracy and governance activities, the organizations implementing
such assistance and the specific nature of that assistance shall not be
subject to the prior approval by the Government of Egypt: Provided
further, That of the funds appropriated under this heading for
assistance for Egypt, not less than $135,000,000 shall be made
available for project assistance, of which not less than $50,000,000
shall be made available for democracy, human rights and governance
programs and not less than $50,000,000 shall be used for education
programs: Provided further, That $11,000,000 of the funds appropriated
under this heading should be made available for Cyprus to be used for
scholarships, administrative support of the scholarship program,
bicommunal projects, and measures aimed at reunification of the island
and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: Provided further, That of the
funds appropriated under this heading, not less than $263,547,000
should be made available only for assistance for Jordan: Provided
further, That of the funds appropriated under this heading not more
than $63,500,000 may be made available for assistance for the West Bank
and Gaza: Provided further, That $45,000,000 of the funds appropriated
under this heading shall be made available for assistance for Lebanon,
of which not less than $10,000,000 should be made available for
scholarships and direct support of American educational institutions in
Lebanon: Provided further, That not more than $300,000,000 of the funds
made available for assistance for Afghanistan under this heading may be
obligated for such assistance until the Secretary of State certifies to
the Committees on Appropriations that the Government of Afghanistan at
both the national and provincial level is cooperating fully with United
States funded poppy eradication and interdiction efforts in
Afghanistan: Provided further, That the President may waive the
previous proviso if he determines and reports to the Committees on
Appropriations that to do so is vital to the national security
interests of the United States: Provided further, That such report
shall include an analysis of the steps being taken by the Government of
Afghanistan, at the national and provincial level, to cooperate fully
with United States funded poppy eradication and interdiction efforts in
Afghanistan: Provided further, That of the funds appropriated under
this heading, not less than $218,500,000 is available only to carry out
programs in Colombia and may be transferred to ``DEVELOPMENT
ASSISTANCE'' to continue programs administered by the United States
Agency for International Development: Provided further, That of the
funds appropriated under this heading that are available for assistance
for the Democratic Republic of Timor-Leste, up to $1,000,000 may be
available for administrative expenses of the United States Agency for
International Development: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading may be
made available for programs and activities for the Central Highlands of
Vietnam: Provided further, That funds appropriated under this heading
that are made available for a Middle East Financing Facility, Middle
East Enterprise Fund, or any other similar entity in the Middle East
shall be subject to the regular notification procedures of the
Committees on Appropriations.</DELETED>
<DELETED>international fund for ireland</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$15,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be made
available in accordance with the provisions of the Anglo-Irish
Agreement Support Act of 1986 (Public Law 99-415): Provided, That such
amount shall be expended at the minimum rate necessary to make timely
payment for projects and activities: Provided further, That funds made
available under this heading shall remain available until September 30,
2009.</DELETED>
<DELETED>assistance for eastern europe and the baltic states</DELETED>
<DELETED> (a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $297,332,000, to remain available until
September 30, 2009, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States.</DELETED>
<DELETED> (b) Funds appropriated under this heading shall be
considered to be economic assistance under the Foreign Assistance Act
of 1961 for purposes of making available the administrative authorities
contained in that Act for the use of economic assistance.</DELETED>
<DELETED> (c) The provisions of section 628 of this Act shall apply
to funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act, including
provisions in this subsection regarding the application of section 628
of this Act, local currencies generated by, or converted from, funds
appropriated by this Act and by previous appropriations Acts and made
available for the economic revitalization program in Bosnia may be used
in Eastern Europe and the Baltic States to carry out the provisions of
the Foreign Assistance Act of 1961 and the Support for East European
Democracy SEED Act of 1989.</DELETED>
<DELETED> (d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he determines and
certifies to the Committees on Appropriations that the Federation of
Bosnia and Herzegovina has not complied with article III of annex 1-A
of the General Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and Bosnian
officials has not been terminated.</DELETED>
<DELETED>assistance for the independent states of the former soviet
union</DELETED>
<DELETED> (a) For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and
the FREEDOM Support Act, for assistance for the Independent States of
the former Soviet Union and for related programs, $397,585,000, to
remain available until September 30, 2009: Provided, That the
provisions of such chapters shall apply to funds appropriated by this
paragraph: Provided further, That funds made available for the Southern
Caucasus region may be used, notwithstanding any other provision of
law, for confidence-building measures and other activities in
furtherance of the peaceful resolution of the regional conflicts,
especially those in the vicinity of Abkhazia and Nagorno-Karabagh:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this heading in this Act or prior Acts making
appropriations for foreign operations, export financing, and related
programs, that are made available pursuant to the provisions of section
807 of Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.</DELETED>
<DELETED> (b) Of the funds appropriated under this heading, not less
than $52,200,000 should be made available, in addition to funds
otherwise available for such purposes, for assistance for child
survival, environmental and reproductive health, and to combat HIV/
AIDS, tuberculosis and other infectious diseases, and for related
activities.</DELETED>
<DELETED> (c)(1) Of the funds appropriated under this heading that
are allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until the
President determines and certifies in writing to the Committees on
Appropriations that the Government of the Russian Federation--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) is providing full access to international non-
governmental organizations providing humanitarian relief to
refugees and internally displaced persons in
Chechnya.</DELETED>
<DELETED> (2) Paragraph (1) shall not apply to--</DELETED>
<DELETED> (A) assistance to combat infectious diseases,
child survival activities, or assistance for victims of
trafficking in persons; and</DELETED>
<DELETED> (B) activities authorized under title V
(Nonproliferation and Disarmament Programs and Activities) of
the FREEDOM Support Act.</DELETED>
<DELETED> (d) Section 907 of the FREEDOM Support Act shall not apply
to--</DELETED>
<DELETED> (1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section 1424 of
Public Law 104-201 or non-proliferation assistance;</DELETED>
<DELETED> (2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);</DELETED>
<DELETED> (3) any activity carried out by a member of the
United States and Foreign Commercial Service while acting
within his or her official capacity;</DELETED>
<DELETED> (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.);</DELETED>
<DELETED> (5) any financing provided under the Export-Import
Bank Act of 1945; or</DELETED>
<DELETED> (6) humanitarian assistance.</DELETED>
<DELETED>Independent Agencies</DELETED>
<DELETED>inter-american foundation</DELETED>
<DELETED> For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $19,000,000, to remain
available until September 30, 2009.</DELETED>
<DELETED>african development foundation</DELETED>
<DELETED> For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980, Public
Law 96-533, $30,000,000, to remain available until September 30, 2009:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act: (1) in exceptional circumstances the Board
of Directors of the Foundation may waive the $250,000 limitation
contained in that section with respect to a project; and (2) a project
may exceed the limitation by up to $10,000 if the increase is due
solely to foreign currency fluctuation: Provided further, That the
Foundation shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.</DELETED>
<DELETED>peace corps</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not to exceed
five passenger motor vehicles for administrative purposes for use
outside of the United States, $333,500,000, to remain available until
September 30, 2009: Provided, That none of the funds appropriated under
this heading shall be used to pay for abortions: Provided further, That
the Director may transfer to the Foreign Currency Fluctuations Account,
as authorized by 22 U.S.C. 2515, an amount not to exceed $2,000,000:
Provided further, That funds transferred pursuant to the previous
proviso may not be derived from amounts made available for Peace Corps
overseas operations.</DELETED>
<DELETED>millennium challenge corporation</DELETED>
<DELETED> For necessary expenses for the ``Millennium Challenge
Corporation'', $1,800,000,0000, to remain available until expended:
Provided, That of the funds appropriated under this heading, up to
$95,000,000 may be available for administrative expenses of the
Millennium Challenge Corporation: Provided further, That up to 10
percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the Millennium
Challenge Act of 2003 for candidate countries for fiscal year 2008:
Provided further, That none of the funds available to carry out section
616 of such Act may be made available until the Chief Executive Officer
of the Millennium Challenge Corporation provides a report to the
Committees on Appropriations listing the candidate countries that will
be receiving assistance under section 616 of such Act, the level of
assistance proposed for each such country, a description of the
proposed programs, projects and activities, and the implementing agency
or agencies of the United States Government: Provided further, That
section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply
to funds appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the
Millennium Challenge Act of 2003 only if such Compact obligates, or
contains a commitment to obligate subject to the availability of funds
and the mutual agreement of the parties to the Compact to proceed, the
entire amount of the United States Government funding anticipated for
the duration of the Compact.</DELETED>
<DELETED>Department of State</DELETED>
<DELETED>global hiv/aids initiative</DELETED>
<DELETED> For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, including administrative
expenses of the Office of the Global AIDS Coordinator, $4,450,000,000,
to remain available until expended, of which $300,000,000 shall be made
available, notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act
of 2003 (Public Law 108-25) for a United States contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be
expended at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That funds made available
under this heading and under the heading ``Child Survival and Health
Programs Fund'' shall be made available notwithstanding the second
sentence of section 403(a) of Public Law 108-25: Provided further, That
up to 5 percent of the aggregate amount of funds made available to the
Global Fund in fiscal year 2008 may be made available to the Office of
the United States Global AIDS Coordinator for technical assistance
related to the activities of the Global Fund.</DELETED>
<DELETED>international narcotics control and law enforcement</DELETED>
<DELETED> For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $568,475,000, to remain available until
September 30, 2010: Provided, That during fiscal year 2008, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the Secretary
of State shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and prior to
the initial obligation of funds appropriated under this heading, a
report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or
activity: Provided further, That of the funds appropriated under this
heading, not less than $15,000,000 shall be made available for training
programs and activities of the International Law Enforcement Academies:
Provided further, That none of the funds provided under this heading
for counter narcotics activities in Afghanistan shall be made available
for eradication programs through the spraying of herbicides: Provided
further, That $12,000,000 of the funds appropriated under this heading
shall be made available for demand reduction and drug awareness
programs: Provided further, That not less than $8,000,000 shall be made
available for programs to combat transnational crime and criminal youth
gangs: Provided further, That of the funds appropriated under this
heading, not more than $38,000,000 may be available for administrative
expenses.</DELETED>
<DELETED>andean counterdrug initiative</DELETED>
<DELETED> For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug activities in the
Andean region of South America, $312,460,000, to remain available until
September 30, 2010: Provided, That the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, shall provide to the Committees on
Appropriations not later than 45 days after the date of the enactment
of this Act and prior to the initial obligation of funds appropriated
under this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed program,
project, or activity: Provided further, That section 482(b) of the
Foreign Assistance Act of 1961 shall not apply to funds appropriated
under this heading: Provided further, That assistance provided with
funds appropriated under this heading that is made available
notwithstanding section 482(b) of the Foreign Assistance Act of 1961
shall be made available subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That of the
funds available under this heading for assistance for the Colombian
National Police Support for Eradication program, not less than
$5,000,000 shall be made available for program assistance to protect
biodiversity, indigenous reserves and Afro-Colombian lands subject to
spraying in Colombia: Provided further, That of the funds available for
the Colombian national police support for eradication program for the
procurement of chemicals for aerial coca and poppy fumigation programs,
exclusive of funds made available pursuant to the previous proviso, not
more than 10 percent of such funds may be made available for such
fumigation programs unless the Secretary of State certifies to the
Committees on Appropriations that: (1) the herbicide is being used in
accordance with label requirements of the Environmental Protection
Agency for comparable use in the United States and with Colombian laws;
(2) the aerial fumigation program does not pose unreasonable risks or
adverse effects to humans or the environment including endemic species;
(3) the social dislocation and changes in vegetative cover caused by
the geographic shifts in coca and poppy cultivation resulting from the
aerial spraying program have been thoroughly assessed on a regional
level, and effective measures are being taken to minimize adverse
impacts; (4) all certification reports on the aerial eradication
program are being made available to the public in a timely manner in
both English and Spanish; (5) complaints of harm to health or licit
crops caused by such spraying are being thoroughly evaluated and fair
compensation is being provided in a timely manner for meritorious
claims; (6) all claims, evaluations, and compensation reports will be
disclosed biannually to the public in both English and Spanish; (7) a
minimum of 15 percent of sprayed fields will be subject to independent
and randomly selected off-target damage assessments; (8) programs are
being implemented by the United States Agency for International
Development, the Government of Colombia, or other organizations, in
consultation and coordination with local communities and existing local
development initiatives, to provide alternative sources of income in
municipalities where security permits for small-acreage growers whose
illicit crops are targeted for fumigation; and (9) programs to provide
food security to affected families are operative in areas where
security does not permit alternative development programs: Provided
further, That funds may not be used for aerial fumigation in Colombia's
national parks or reserves unless the Secretary of State determines
that there are no effective alternatives to reduce drug cultivation in
these areas and that the spraying is conducted in accordance with
current Colombian laws: Provided further, That of funds provided for
interdiction under this heading, not less than 10 percent of airtime
allocated for aerial assets, (both fixed and rotary wing aircraft),
shall be used annually for major drug interdiction operations,
including assaults on large drug processing labs and high value
narcotics related targets: Provided further, That no United States
Armed Forces personnel or United States civilian contractor employed by
the United States shall participate in any combat operation in
connection with assistance made available by funds provided in this Act
for Colombia: Provided further, That funds appropriated under this
heading that are made available for assistance for the Bolivian
military may be made available for such purposes only if the Secretary
of State certifies that the Bolivian military is respecting human
rights, and civilian judicial authorities are investigating and
prosecuting, with the military's cooperation, military personnel who
have been implicated in gross violations of human rights: Provided
further, That of the funds appropriated under this heading, not more
than $17,000,000 may be available for administrative expenses of the
Department of State, and not more than $7,800,000 may be available, in
addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for International
Development.</DELETED>
<DELETED>migration and refugee assistance</DELETED>
<DELETED> For expenses, not otherwise provided for, necessary to
enable the Secretary of State to provide, as authorized by law, a
contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the International
Organization for Migration and the United Nations High Commissioner for
Refugees, and other activities to meet refugee and migration needs;
salaries and expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire of
passenger motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $829,900,000, to remain available until
expended: Provided, That not more than $22,500,000 may be available for
administrative expenses: Provided further, That not less than
$40,000,000 of the funds made available under this heading shall be
made available for refugees from the former Soviet Union and Eastern
Europe and other refugees resettling in Israel.</DELETED>
<DELETED>united states emergency refugee and migration assistance
fund</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $45,000,000, to remain available until
expended.</DELETED>
<DELETED>nonproliferation, anti-terrorism, demining and related
programs</DELETED>
<DELETED> For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities, $467,000,000,
to carry out the provisions of chapter 8 of part II of the Foreign
Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part
II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM
Support Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961
for a voluntary contribution to the International Atomic Energy Agency
(IAEA), and for a United States contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this
amount not to exceed $38,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law, to promote bilateral and
multilateral activities relating to nonproliferation and disarmament:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the national security
interest of the United States to do so: Provided further, That funds
appropriated under this heading may be made available for the
International Atomic Energy Agency only if the Secretary of State
determines (and so reports to the Congress) that Israel is not being
denied its right to participate or being otherwise discriminated
against in any of the activities of that Agency: Provided further, That
of the funds made available for demining and related activities, not to
exceed $700,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of the demining program: Provided further,
That funds appropriated under this heading that are available for
``Anti-terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2009.</DELETED>
<DELETED>Department of the Treasury</DELETED>
<DELETED>international affairs technical assistance</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $18,000,000, to
remain available until September 30, 2010, which shall be available
notwithstanding any other provision of law that restricts assistance to
foreign countries.</DELETED>
<DELETED>debt restructuring</DELETED>
<DELETED> For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds have been
appropriated or otherwise made available for programs within the
International Affairs Budget Function 150, including the cost of
selling, reducing, or canceling amounts owed to the United States as a
result of concessional loans made to eligible countries, pursuant to
parts IV and V of the Foreign Assistance Act of 1961, of modifying
concessional credit agreements with least developed countries, as
authorized under section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans, guarantees
and credit agreements, as authorized under section 572 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1989 (Public Law 100-461), and of canceling amounts owed, as a result
of loans or guarantees made pursuant to the Export-Import Bank Act of
1945, by countries that are eligible for debt reduction pursuant to
title V of H.R. 3425 as enacted into law by section 1000(a)(5) of
Public Law 106-113, $200,300,000, to remain available until September
30, 2010: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to carry out
the provisions of part V of the Foreign Assistance Act of 1961:
Provided further, That amounts paid to the HIPC Trust Fund may be used
only to fund debt reduction under the enhanced HIPC initiative by--
</DELETED>
<DELETED> (1) the Inter-American Development Bank;</DELETED>
<DELETED> (2) the African Development Fund;</DELETED>
<DELETED> (3) the African Development Bank; and</DELETED>
<DELETED> (4) the Central American Bank for Economic
Integration:</DELETED>
<DELETED>Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State has
credible evidence that the government of such country is engaged in a
consistent pattern of gross violations of internationally recognized
human rights or in military or civil conflict that undermines its
ability to develop and implement measures to alleviate poverty and to
devote adequate human and financial resources to that end: Provided
further, That on the basis of final appropriations, the Secretary of
the Treasury shall consult with the Committees on Appropriations
concerning which countries and international financial institutions are
expected to benefit from a United States contribution to the HIPC Trust
Fund during the fiscal year: Provided further, That the Secretary of
the Treasury shall inform the Committees on Appropriations not less
than 15 days in advance of the signature of an agreement by the United
States to make payments to the HIPC Trust Fund of amounts for such
countries and institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction through the
HIPC Trust Fund only for the benefit of countries that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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:</DELETED>
<DELETED>Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and Assistance Act of
1954 shall not apply to funds appropriated under this heading: Provided
further, That none of the funds made available under this heading in
this or any other appropriations Act shall be made available for Sudan
or Burma unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.</DELETED>
<DELETED>TITLE IV--MILITARY ASSISTANCE</DELETED>
<DELETED>Funds Appropriated to the President</DELETED>
<DELETED>international military education and training</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $85,076,000, of
which up to $3,000,000 may remain available until expended: Provided,
That funds under this heading shall not be available for Equatorial
Guinea: Provided further, That funds appropriated under this heading
that are made available for assistance for Guatemala, other than for
expanded international military education and training, shall be
available only for the Guatemalan Air Force, Navy and Army Corps of
Engineers: Provided further, That assistance provided under this
heading for the Guatemalan Army Corps of Engineers is only available
for training to improve disaster response capabilities and to
participate in international peacekeeping operations: Provided further,
That funds appropriated under this heading that are made available for
assistance for the Guatemalan military, other than for expanded
international military education and training, may be made available
only if the Secretary of State certifies that the Guatemalan Air Force,
Navy and Army Corps of Engineers are respecting human rights, and
civilian judicial authorities are investigating and prosecuting, with
the military's cooperation, military personnel who have been implicated
in gross violations of human rights: Provided further, That funds
appropriated under this heading for military education and training for
Libya and Angola may only be made available for expanded international
military education and training: Provided further, That the civilian
personnel for whom military education and training may be provided
under this heading may include civilians who are not members of a
government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That funds made available in the
previous proviso and funds made available for Haiti, Libya, Angola, the
Democratic Republic of the Congo, Guatemala, and Nigeria may only be
provided through the regular notification procedures of the Committees
on Appropriations and any such notification shall include a detailed
description of the proposed activities: Provided further, That the
Secretary of State shall submit to the Committees on Appropriations, no
later than 60 days after enactment of this Act, a report addressing how
the Western Hemisphere Institute for Security Cooperation IMET program
for fiscal year 2008 contributes to the promotion of human rights,
respect for civilian authority and the rule of law, the establishment
of legitimate judicial mechanisms for the military, and achieving the
goal of right sizing military forces.</DELETED>
<DELETED>foreign military financing program</DELETED>
<DELETED> For expenses necessary for grants to enable the President
to carry out the provisions of section 23 of the Arms Export Control
Act, $4,509,236,000: Provided, That of the funds appropriated under
this heading, not less than $2,400,000,000 shall be available for
grants only for Israel, and not less than $1,300,000,000 shall be made
available for grants only for Egypt: Provided further, That the funds
appropriated by this paragraph for Israel shall be disbursed within 30
days of the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel by this paragraph shall, as
agreed by Israel and the United States, be available for advanced
weapons systems, of which not less than $631,200,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That of the funds
appropriated by this paragraph, $200,000,000 shall be made available
for assistance for Jordan: Provided further, That funds appropriated or
otherwise made available by this paragraph shall be nonrepayable
notwithstanding any requirement in section 23 of the Arms Export
Control Act: Provided further, That funds made available under this
paragraph shall be obligated upon apportionment in accordance with
paragraph (5)(C) of title 31, United States Code, section 1501(a):
Provided further, That $5,000,000 of the funds provided under this
heading shall remain available until expended and shall not be subject
to the sixth proviso of this paragraph: Provided further, That none of
the funds appropriated pursuant to the previous proviso shall be made
available except pursuant to the regular notification procedures of the
Committees on Appropriations.</DELETED>
<DELETED> None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 615 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Sudan: Provided further, That none of the funds appropriated under this
heading shall be available for assistance for the Guatemalan Army:
Provided further, That funds appropriated under this heading that are
made available for assistance for the Guatemalan military may be made
available only if the Secretary of State certifies that: (1) the
Guatemalan Air Force, Navy and Army Corps of Engineers are respecting
human rights; (2) civilian judicial authorities are investigating and
prosecuting, with the military's cooperation, military personnel who
have been implicated in gross violations of human rights; and (3) the
Guatemalan Congress has adopted and the President has signed the
International Commission Against Impunity in Guatemala (CICIG):
Provided further, That none of the funds appropriated under this
heading may be made available for assistance for Haiti and Guatemala
except pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded ordnance,
and related activities, and may include activities implemented through
nongovernmental and international organizations: Provided further, That
only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading shall
be expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$41,900,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales: Provided further, That not more than $395,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 2008 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year
2008 shall be transferred to an interest bearing account for Egypt in
the Federal Reserve Bank of New York within 30 days of enactment of
this Act.</DELETED>
<DELETED>peacekeeping operations</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961, $293,200,000:
Provided, That none of the funds appropriated under this heading shall
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.</DELETED>
<DELETED>TITLE V--MULTILATERAL ECONOMIC ASSISTANCE</DELETED>
<DELETED>Funds Appropriated to the President</DELETED>
<DELETED>international financial institutions</DELETED>
<DELETED>global environment facility</DELETED>
<DELETED> For the United States contribution for the Global
Environment Facility, $106,763,000 to the International Bank for
Reconstruction and Development as trustee for the Global Environment
Facility (GEF), by the Secretary of the Treasury, to remain available
until expended.</DELETED>
<DELETED>contribution to the international development
association</DELETED>
<DELETED> For payment to the International Development Association
by the Secretary of the Treasury, $950,000,000, to remain available
until expended.</DELETED>
<DELETED>contribution to the enterprise for the americas multilateral
investment fund</DELETED>
<DELETED> For payment to the Enterprise for the Americas
Multilateral Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to remain
available until expended.</DELETED>
<DELETED>contribution to the asian development fund</DELETED>
<DELETED> For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $115,306,000,
to remain available until expended.</DELETED>
<DELETED>contribution to the african development bank</DELETED>
<DELETED> For payment to the African Development Bank by the
Secretary of the Treasury, $2,037,000, for the United States paid-in
share of the increase in capital stock, to remain available until
expended.</DELETED>
<DELETED>limitation on callable capital subscriptions</DELETED>
<DELETED> The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $31,919,000.</DELETED>
<DELETED>contribution to the african development fund</DELETED>
<DELETED> For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African Development Fund,
$135,684,000, to remain available until expended.</DELETED>
<DELETED>contribution to the international fund for agricultural
development</DELETED>
<DELETED> For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund for
Agricultural Development, $18,072,000, to remain available until
expended.</DELETED>
<DELETED>international organizations and programs</DELETED>
<DELETED> For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$333,400,000 (increased by $20,000,000) (reduced by $20,000,000):
Provided, That section 307(a) of the Foreign Assistance Act shall not
apply to contributions to the United Nations Democracy Fund.</DELETED>
<DELETED>TITLE VI--GENERAL PROVISIONS</DELETED>
<DELETED>compensation for united states executive directors to
international financial institutions</DELETED>
<DELETED> Sec. 601. (a) No funds appropriated by this Act may be
made as payment to any international financial institution while the
United States Executive Director to such institution is compensated by
the institution at a rate which, together with whatever compensation
such Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.</DELETED>
<DELETED> (b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.</DELETED>
<DELETED>restrictions on voluntary contributions to united nations
agencies</DELETED>
<DELETED> Sec. 602. None of the funds appropriated by this Act may
be made available to pay any voluntary contribution of the United
States to the United Nations if the United Nations implements or
imposes any taxation on any United States persons.</DELETED>
<DELETED>limitation on residence expenses</DELETED>
<DELETED> Sec. 603. Of the funds appropriated or made available
pursuant to title III of this Act, not to exceed $100,500 shall be for
official residence expenses of the United States Agency for
International Development during the current fiscal year: Provided,
That appropriate steps shall be taken to assure that, to the maximum
extent possible, United States-owned foreign currencies are utilized in
lieu of dollars.</DELETED>
<DELETED>unobligated balances report</DELETED>
<DELETED> Sec. 604. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall provide to
the Committees on Appropriations a quarterly accounting of cumulative
balances by program, project, and activity of the funds received by
such Department or Agency in this fiscal year or any previous fiscal
year that remain unobligated and unexpended.</DELETED>
<DELETED>limitation on representational allowances</DELETED>
<DELETED> Sec. 605. Of the funds appropriated or made available
pursuant to titles II through V of this Act, not to exceed $250,000
shall be available for representation and entertainment allowances, of
which not to exceed $2,500 shall be available for entertainment
allowances, for the United States Agency for International Development
during the current fiscal year: Provided, That no such entertainment
funds may be used for the purposes listed in section 647 of this Act:
Provided further, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign currencies
are utilized in lieu of dollars: Provided further, That of the funds
made available by this Act for general costs of administering military
assistance and sales under the heading ``Foreign Military Financing
Program'', not to exceed $4,000 shall be available for entertainment
expenses and not to exceed $130,000 shall be available for
representation allowances: Provided further, That of the funds made
available by this Act under the heading ``International Military
Education and Training'', not to exceed $55,000 shall be available for
entertainment allowances: Provided further, That of the funds made
available by this Act for the Inter-American Foundation, not to exceed
$2,000 shall be available for entertainment and representation
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $4,000 shall be available for
representation and entertainment allowances: Provided further, That of
the funds made available by this Act under the heading ``Millennium
Challenge Corporation'', not to exceed $115,000 shall be available for
representation and entertainment allowances.</DELETED>
<DELETED>prohibition on taxation of united states assistance</DELETED>
<DELETED> Sec. 606. (a) Prohibition on Taxation.--None of the funds
appropriated under titles II through V of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.</DELETED>
<DELETED> (b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year 2008 on
funds appropriated by this Act by a foreign government or entity
against commodities financed under United States assistance programs
for which funds are appropriated by this Act, either directly or
through grantees, contractors and subcontractors shall be withheld from
obligation from funds appropriated for assistance for fiscal year 2009
and allocated for the central government of such country and for the
West Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on Appropriations
that such taxes have not been reimbursed to the Government of the
United States.</DELETED>
<DELETED> (c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).</DELETED>
<DELETED> (d) Reprogramming of Funds.--Funds withheld from
obligation for each country or entity pursuant to subsection (b) shall
be reprogrammed for assistance to countries which do not assess taxes
on United States assistance or which have an effective arrangement that
is providing substantial reimbursement of such taxes.</DELETED>
<DELETED> (e) Determinations.--</DELETED>
<DELETED> (1) The provisions of this section shall not apply
to any country or entity the Secretary of State determines--
</DELETED>
<DELETED> (A) does not assess taxes on United States
assistance or which has an effective arrangement that
is providing substantial reimbursement of such taxes;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to implement
the prohibition against the taxation of assistance contained in this
section.</DELETED>
<DELETED> (g) Definitions.--As used in this section--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>prohibition against direct funding for certain
countries</DELETED>
<DELETED> Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, Libya, North
Korea, Iran, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank or its
agents: Provided further, That for purposes of this section, the
prohibition shall not include activities of the Overseas Private
Investment Corporation in Libya: Provided further, That the prohibition
shall not include direct loans, credits, insurance and guarantees made
available by the Export-Import Bank or its agents for or in Libya:
Provided further, That the prohibition shall not apply to funds made
available under the heading ``INTERNATIONAL MILITARY EDUCATION AND
TRAINING'' for Libya.</DELETED>
<DELETED>military coups</DELETED>
<DELETED> Sec. 608. None of the funds appropriated or otherwise made
available pursuant to titles II through V of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup or decree: Provided, That assistance may be
resumed to such government if the President determines and certifies to
the Committees on Appropriations that subsequent to the termination of
assistance a democratically elected government has taken office:
Provided further, That the provisions of this section shall not apply
to assistance to promote democratic elections or public participation
in democratic processes: Provided further, That funds made available
pursuant to the previous provisos shall be subject to the regular
notification procedures of the Committees on Appropriations.</DELETED>
<DELETED>transfer authority</DELETED>
<DELETED> Sec. 609. (a) Department of State and Broadcasting Board
of Governors.--Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of State under
title I of this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers: Provided,
That not to exceed 5 percent of any appropriation made available for
the current fiscal year for the Broadcasting Board of Governors under
title I of this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be treated as
a reprogramming of funds under section 615 (a) and (b) of this Act and
shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.</DELETED>
<DELETED> (b) Export Financing Transfer Authorities.--Not to exceed
5 percent of any appropriation other than for administrative expenses
made available for fiscal year 2008, for programs under title II of
this Act may be transferred between such appropriations for use for any
of the purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.</DELETED>
<DELETED> (c)(1) Limitation on Transfers Between Agencies.--None of
the funds made available under titles II through V of this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation
Act.</DELETED>
<DELETED> (2) Notwithstanding paragraph (1), in addition to
transfers made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred to agencies of
the United States Government pursuant to the provisions of sections
109, 610, and 632 of the Foreign Assistance Act of 1961.</DELETED>
<DELETED> (d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be obligated under
an appropriation account to which they were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.</DELETED>
<DELETED> (e) Audit of Inter-Agency Transfers.--Any agreement for
the transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the United States Agency for International
Development and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program and
financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.</DELETED>
<DELETED>commercial leasing of defense articles</DELETED>
<DELETED> Sec. 610. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.</DELETED>
<DELETED>availability of funds</DELETED>
<DELETED> Sec. 611. (a) No part of any appropriation contained in
this Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided in this
Act.</DELETED>
<DELETED> (b) Funds appropriated for the purposes of chapters 1, 8,
11, and 12 of part I, section 667, chapters 4, 5, 6, 8, and 9 of part
II of the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the heading ``ASSISTANCE FOR
EASTERN EUROPE AND THE BALTIC STATES'', shall remain available for an
additional four years from the date on which the availability of such
funds would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided, That, notwithstanding any
other provision of this Act, any funds made available for the purposes
of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available until
expended.</DELETED>
<DELETED>limitation on assistance to countries in default</DELETED>
<DELETED> Sec. 612. No part of any appropriation provided under
titles II through V in this Act shall be used to furnish assistance to
the government of any country which is in default during a period in
excess of one calendar year in payment to the United States of
principal or interest on any loan made to the government of such
country by the United States pursuant to a program for which funds are
appropriated under this Act unless the President determines, following
consultations with the Committees on Appropriations, that assistance to
such country is in the national interest of the United
States.</DELETED>
<DELETED>commerce and trade</DELETED>
<DELETED> Sec. 613. (a) None of the funds appropriated or made
available pursuant to titles II through V of this Act for direct
assistance and none of the funds otherwise made available to the
Export-Import Bank and the Overseas Private Investment Corporation
shall be obligated or expended to finance any loan, any assistance or
any other financial commitments for establishing or expanding
production of any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity:
Provided, That such prohibition shall not apply to the Export-Import
Bank if in the judgment of its Board of Directors the benefits to
industry and employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on
Appropriations.</DELETED>
<DELETED> (b) None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) research activities intended primarily to
benefit American producers.</DELETED>
<DELETED>surplus commodities</DELETED>
<DELETED> Sec. 614. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian
Development Bank, the Inter-American Investment Corporation, the North
American Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African Development
Fund to use the voice and vote of the United States to oppose any
assistance by these institutions, using funds appropriated or made
available pursuant to titles II through V of this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.</DELETED>
<DELETED>reprogramming notification requirements</DELETED>
<DELETED> Sec. 615. (a) None of the funds made available in this
Act, or in prior appropriations Acts to the agencies and departments
funded by this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the Treasury of
the United States derived by the collection of fees or of currency
reflows or other offsetting collections, or made available by transfer,
to the agencies and departments funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds that:
(1) creates new programs; (2) eliminates a program, project, or
activity; (3) increases funds or personnel by any means for any project
or activity for which funds have been denied or restricted; (4)
relocates an office or employees; (5) closes or opens a mission or
post; (6) reorganizes or renames offices; (7) reorganizes programs or
activities; or (8) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.</DELETED>
<DELETED> (b) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under previous
appropriations Acts to the agencies or department funded under title I
of this Act that remain available for obligation or expenditure in
fiscal year 2008, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies or department funded by title I of this Act, shall be
available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of $750,000 or ten
percent, whichever is less, that: (1) augments existing programs,
projects, or activities; (2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by ten
percent as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or projects as
approved by Congress; unless the Committees on Appropriations are
notified 15 days in advance of such reprogramming of funds.</DELETED>
<DELETED> (c) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the funds made
available in this Act for the headings ``CHILD SURVIVAL AND HEALTH
PROGRAMS FUND'', ``DEVELOPMENT ASSISTANCE'', ``INTERNATIONAL
ORGANIZATIONS AND PROGRAMS'', ``TRADE AND DEVELOPMENT AGENCY'',
``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT'', ``ANDEAN
COUNTERDRUG INITIATIVE'', ``ASSISTANCE FOR EASTERN EUROPE AND THE
BALTIC STATES'', ``ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION'', ``ECONOMIC SUPPORT FUND'', ``GLOBAL HIV/AIDS
INITIATIVE'', ``PEACEKEEPING OPERATIONS'', ``CAPITAL INVESTMENT FUND'',
``OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT'', ``OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL'',
``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS'',
``MILLENNIUM CHALLENGE CORPORATION'' (by country only), ``FOREIGN
MILITARY FINANCING PROGRAM'', ``INTERNATIONAL MILITARY EDUCATION AND
TRAINING'', ``PEACE CORPS'', and ``MIGRATION AND REFUGEE ASSISTANCE'',
shall be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific headings
unless the Committees on Appropriations are notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That this paragraph shall not apply to any
reprogramming for an activity, program, or project for which funds are
appropriated under title III or title IV, of this Act of less than 10
percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current
fiscal year.</DELETED>
<DELETED> (d) The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if
failure to do so would pose a substantial risk to human health or
welfare: Provided, That in case of any such waiver, notification to the
Congress, or the appropriate Congressional committees, shall be
provided as early as practicable, but in no event later than 3 days
after taking the action to which such notification requirement was
applicable, in the context of the circumstances necessitating such
waiver: Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.</DELETED>
<DELETED>limitation on availability of funds for international
organizations and programs</DELETED>
<DELETED> Sec. 616. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under titles II
through V of this Act or any previously enacted Act making
appropriations for foreign operations, export financing, and related
programs, which are returned or not made available for organizations
and programs because of the implementation of section 307(a) of the
Foreign Assistance Act of 1961, shall remain available for obligation
until September 30, 2009.</DELETED>
<DELETED>independent states of the former soviet union</DELETED>
<DELETED> Sec. 617. (a) None of the funds appropriated under the
heading ``ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET
UNION'' shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction
in this subsection if the President determines that to do so is in the
national security interest of the United States.</DELETED>
<DELETED> (b) None of the funds appropriated under the heading
``ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION''
shall be made available for any state to enhance its military
capability: Provided, That this restriction does not apply to
demilitarization, demining or nonproliferation programs.</DELETED>
<DELETED> (c) Funds appropriated under the heading ``ASSISTANCE FOR
THE INDEPENDENT STATES OF THE FORMER SOVIET UNION'' for the Russian
Federation, Armenia, and Uzbekistan shall be subject to the regular
notification procedures of the Committees on Appropriations.</DELETED>
<DELETED> (d) Funds made available in this Act for assistance for
the Independent States of the former Soviet Union shall be subject to
the provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.</DELETED>
<DELETED> (e) In issuing new task orders, entering into contracts,
or making grants, with funds appropriated by this Act or prior
appropriations Acts under the heading ``ASSISTANCE FOR THE INDEPENDENT
STATES OF THE FORMER SOVIET UNION'' and under comparable headings in
prior appropriations Acts, for projects or activities that have as one
of their primary purposes the fostering of private sector development,
the Coordinator for United States Assistance to Europe and Eurasia and
the implementing agency shall encourage the participation of and give
significant weight to contractors and grantees who propose investing a
significant amount of their own resources (including volunteer services
and in-kind contributions) in such projects and activities.</DELETED>
<DELETED>prohibition on funding for abortions and involuntary
sterilization</DELETED>
<DELETED> Sec. 618. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of abortions as a method of family planning
or to motivate or coerce any person to practice abortions. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for the performance of
involuntary sterilization as a method of family planning or to coerce
or provide any financial incentive to any person to undergo
sterilizations. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
any biomedical research which relates in whole or in part, to methods
of, or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.</DELETED>
<DELETED>STATEMENT</DELETED>
<DELETED> Sec. 619. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in the
amounts contained in the respective tables included in the report
accompanying this Act:</DELETED>
<DELETED> ``ECONOMIC SUPPORT FUND'';</DELETED>
<DELETED> ``ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC
STATES'';</DELETED>
<DELETED> ``ASSISTANCE FOR THE INDEPENDENT STATES OF THE
FORMER SOVIET UNION'';</DELETED>
<DELETED> ``ANDEAN COUNTERDRUG INITIATIVE'';</DELETED>
<DELETED> ``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND
RELATED PROGRAMS'';</DELETED>
<DELETED> ``FOREIGN MILITARY FINANCING PROGRAM'';
and</DELETED>
<DELETED> ``INTERNATIONAL ORGANIZATIONS AND
PROGRAMS''.</DELETED>
<DELETED> (b) Any proposed increases or decreases to the amounts
contained in such tables in the accompanying report shall be subject to
the regular notification procedures of the Committees on Appropriations
and section 634A of the Foreign Assistance Act of 1961.</DELETED>
<DELETED>special notification requirements</DELETED>
<DELETED> Sec. 620. None of the funds appropriated under titles II
through V of this Act shall be obligated or expended for assistance for
Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except as provided
through the regular notification procedures of the Committees on
Appropriations.</DELETED>
<DELETED>definition of program, project, and activity</DELETED>
<DELETED> Sec. 621. For the purpose of titles II through V of this
Act ``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``ECONOMIC SUPPORT
FUND'' and ``FOREIGN MILITARY FINANCING PROGRAM'', ``program, project,
and activity'' shall also be considered to include country, regional,
and central program level funding within each such account; for the
development assistance accounts of the United States Agency for
International Development ``program, project, and activity'' shall also
be considered to include central, country, regional, and program level
funding, either as--</DELETED>
<DELETED> (1) justified to the Congress; or</DELETED>
<DELETED> (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on
Appropriations within 30 days of the enactment of this Act, as
required by section 653(a) of the Foreign Assistance Act of
1961.</DELETED>
<DELETED>child survival and health activities</DELETED>
<DELETED> Sec. 622. Up to $13,500,000 of the funds made available by
this Act in title III for assistance under the heading ``CHILD SURVIVAL
AND HEALTH PROGRAMS FUND'' account, may be used to reimburse United
States Government agencies, agencies of State governments, institutions
of higher learning, and private and voluntary organizations for the
full cost of individuals (including for the personal services of such
individuals) detailed or assigned to, or contracted by, as the case may
be, the United States Agency for International Development for the
purpose of carrying out activities under that heading: Provided, That
up to $3,500,000 of the funds made available by this Act for assistance
under the heading ``DEVELOPMENT ASSISTANCE'' may be used to reimburse
such agencies, institutions, and organizations for such costs of such
individuals carrying out other development assistance activities:
Provided further, That funds appropriated by titles III and IV of this
Act that are made available for assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
the provisions under the heading ``CHILD SURVIVAL AND HEALTH PROGRAMS
FUND'' and the United States Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as
amended: Provided further, That of the funds appropriated under title
III and IV of this Act , not less than $441,000,000 shall be made
available for family planning/reproductive health: Provided further,
That, in order to prevent unintended pregnancies, abortions, and the
transmission of sexually transmitted infections, including HIV/AIDS, no
contract or grant for the exclusive purpose of providing donated
contraceptives in developing countries shall be denied to any
nongovernmental organization solely on the basis of the policy
contained in the President's March 28, 2001, Memorandum to the
Administrator of the United States Agency for International Development
with respect to providing contraceptives in developing countries, or
any comparable administration policy regarding the provision of
contraceptives.</DELETED>
<DELETED>afghanistan</DELETED>
<DELETED> Sec. 623. Of the funds appropriated under titles III and
IV of this Act, not less than $1,057,050,000 shall be made available
for humanitarian, reconstruction, and related assistance for
Afghanistan: Provided, That of the funds made available pursuant to
this section, $3,000,000 should be made available for reforestation
activities: Provided further, That funds made available pursuant to the
previous proviso should be matched, to the maximum extent possible,
with contributions from American and Afghan businesses: Provided
further, That of the funds allocated for assistance for Afghanistan
from this Act not less than $75,000,000 shall be made available to
support programs that directly address the needs of Afghan women and
girls, including for the Afghan Independent Human Rights Commission,
the Afghan Ministry of Women's Affairs, and for women-led nonprofit
organizations in Afghanistan.</DELETED>
<DELETED>notification on excess defense equipment</DELETED>
<DELETED> Sec. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.</DELETED>
<DELETED>global fund accountability</DELETED>
<DELETED> Sec. 625. (a) Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this Act for a
contribution to support the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ``Global Fund'') shall be withheld from obligation to the
Global Fund until the Secretary of State certifies to the Committees on
Appropriations that the Global Fund--</DELETED>
<DELETED> (1) is releasing incremental disbursements only if
grantees demonstrate progress against clearly defined
performance indicators;</DELETED>
<DELETED> (2) is providing support and oversight to country-
level entities, such as country coordinating mechanisms,
principal recipients, and Local Fund Agents (LFAs), to enable
them to fulfill their mandates;</DELETED>
<DELETED> (3) has a full-time, professional, independent
Office of Inspector General that is fully
operational;</DELETED>
<DELETED> (4) requires LFAs to assess whether a principal
recipient has the capacity to oversee the activities of sub-
recipients;</DELETED>
<DELETED> (5) is making progress toward implementing a
reporting system that breaks down grantee budget allocations by
programmatic activity;</DELETED>
<DELETED> (6) has adopted a policy on the public release of
documents produced by the Office of the Inspector
General;</DELETED>
<DELETED> (7) is tracking and encouraging the involvement of
civil society, including faith-based organizations, in country
coordinating mechanisms and program implementation;
and</DELETED>
<DELETED> (8) has provided to the Secretary of State a
report on faith-based organizations as described in subsection
(b).</DELETED>
<DELETED> (b) The report referred to in subsection (a)(8) is a
report that provides a description and assessment of grants and sub-
grants provided by the Global Fund to faith-based organizations. The
report shall include--</DELETED>
<DELETED> (1) on a county-by-country basis--</DELETED>
<DELETED> (A) a description of the amount of grants
and sub-grants provided to faith-based organizations;
and</DELETED>
<DELETED> (B) an assessment of the extent to which
faith-based organizations have been or are involved in
the Country Coordinating Mechanism (CCM) process of the
Global Fund; and</DELETED>
<DELETED> (2) a description of actions the Global Fund has
taken and will take to enhance the involvement of faith-based
organizations in the CCM process, particularly in countries in
which the involvement of faith-based organizations has been
underrepresented.</DELETED>
<DELETED>prohibition on bilateral assistance to terrorist
countries</DELETED>
<DELETED> Sec. 626. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any such
heading in a provision of law enacted prior to the enactment of this
Act, shall not be made available to any country which the President
determines--</DELETED>
<DELETED> (1) grants sanctuary from prosecution to any
individual or group which has committed an act of international
terrorism; or</DELETED>
<DELETED> (2) otherwise supports international
terrorism.</DELETED>
<DELETED> (b) The President may waive the application of subsection
(a) to a country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.</DELETED>
<DELETED>debt-for-development</DELETED>
<DELETED> Sec. 627. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.</DELETED>
<DELETED>separate accounts</DELETED>
<DELETED> Sec. 628. (a) Separate Accounts for Local Currencies.--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) require that local currencies be
deposited in a separate account established by that
government;</DELETED>
<DELETED> (B) enter into an agreement with that
government which sets forth--</DELETED>
<DELETED> (i) the amount of the local
currencies to be generated; and</DELETED>
<DELETED> (ii) the terms and conditions
under which the currencies so deposited may be
utilized, consistent with this section;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) project and sector assistance
activities; or</DELETED>
<DELETED> (ii) debt and deficit financing;
or</DELETED>
<DELETED> (B) for the administrative requirements of
the United States Government.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Reporting requirement.--The Administrator of
the United States Agency for International Development shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on the
use of local currencies for the administrative requirements of
the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to
be used for such purpose in each applicable country.</DELETED>
<DELETED> (b) Separate Accounts for Cash Transfers.--</DELETED>
<DELETED> (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 non-project sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle them with any
other funds.</DELETED>
<DELETED> (2) Applicability of other provisions of law.--
Such funds may be obligated and expended notwithstanding
provisions of law, which are inconsistent with the nature of
this assistance including provisions which are referenced in
the Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).</DELETED>
<DELETED> (3) Notification.--At least 15 days prior to
obligating any such cash transfer or non-project sector
assistance, the President shall submit a notification through
the regular notification procedures of the Committees on
Appropriations, which shall include a detailed description of
how the funds proposed to be made available will be used, with
a discussion of the United States interests that will be served
by the assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by such
assistance).</DELETED>
<DELETED> (4) Exemption.--Non-project sector assistance
funds may be exempt from the requirements of subsection (b)(1)
only through the notification procedures of the Committees on
Appropriations.</DELETED>
<DELETED>enterprise fund restrictions</DELETED>
<DELETED> Sec. 629. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
Committees on Appropriations, in accordance with the regular
notification procedures of the Committees on Appropriations, a plan for
the distribution of the assets of the Enterprise Fund.</DELETED>
<DELETED> (b) Funds made available under titles II through V of this
Act for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.</DELETED>
<DELETED>financial market assistance</DELETED>
<DELETED> Sec. 630. Of the funds appropriated by this Act under the
headings ``TRADE AND DEVELOPMENT AGENCY'', ``DEVELOPMENT ASSISTANCE'',
``TRANSITION INITIATIVES'', ``ECONOMIC SUPPORT FUND'', ``INTERNATIONAL
AFFAIRS TECHNICAL ASSISTANCE'', ``ASSISTANCE FOR THE INDEPENDENT STATES
OF THE FORMER SOVIET UNION'', ``NONPROLIFERATION, ANTI-TERRORISM,
DEMINING AND RELATED PROGRAMS'', and ``ASSISTANCE FOR EASTERN EUROPE
AND BALTIC STATES'', not less than $40,000,000 should be made available
for building capital markets and financial systems in countries
eligible to receive United States assistance.</DELETED>
<DELETED>authorities for the peace corps, inter-american foundation and
african development foundation</DELETED>
<DELETED> Sec. 631. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions contained in
prior Acts authorizing or making appropriations for foreign operations,
export financing, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is
prohibited.</DELETED>
<DELETED>impact on jobs in the united states</DELETED>
<DELETED> Sec. 632. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to provide--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>special authorities</DELETED>
<DELETED> Sec. 633. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated by this Act that are made available for
assistance for Afghanistan may be made available notwithstanding
section 612 of this Act or any similar provision of law and section 660
of the Foreign Assistance Act of 1961, and funds appropriated in titles
II and III of this Act that are made available for Iraq, Lebanon,
Montenegro, Pakistan, and for victims of war, displaced children, and
displaced Burmese, and to assist victims of trafficking in persons and,
subject to the regular notification procedures of the Committees on
Appropriations, to combat such trafficking, may be made available
notwithstanding any other provision of law.</DELETED>
<DELETED> (b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the provisions
of sections 103 through 106, and chapter 4 of part II, of the Foreign
Assistance Act of 1961 may be used, notwithstanding any other provision
of law, for the purpose of supporting tropical forestry and
biodiversity conservation activities and energy programs aimed at
reducing greenhouse gas emissions: Provided, That such assistance shall
be subject to sections 116, 502B, and 620A of the Foreign Assistance
Act of 1961.</DELETED>
<DELETED> (c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II, and
section 667 of the Foreign Assistance Act of 1961, and title II of the
Agricultural Trade Development and Assistance Act of 1954, may be used
by the United States Agency for International Development to employ up
to 25 personal services contractors in the United States,
notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 10 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the
Agricultural Trade Development and Assistance Act of 1954, may be made
available only for personal services contractors assigned to the Office
of Food for Peace.</DELETED>
<DELETED> (d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of Representatives and
the President pro tempore of the Senate that it is important to the
national security interests of the United States.</DELETED>
<DELETED> (2) Period of Application of Waiver.--Any waiver pursuant
to paragraph (1) shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months after the
enactment of this Act.</DELETED>
<DELETED> (e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this Act, the
United States Agency for International Development may provide an
exception to the fair opportunity process for placing task orders under
such contracts when the order is placed with any category of small or
small disadvantaged business.</DELETED>
<DELETED> (f) Reconstituting Civilian Police Authority.--In
providing assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a nation
emerging from instability may be deemed to mean support for regional,
district, municipal, or other sub-national entity emerging from
instability, as well as a nation emerging from instability.</DELETED>
<DELETED> (g) World Food Program.--Of the funds managed by the
Bureau for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this or any
other Act, not less than $10,000,000 shall be made available as a
general contribution to the World Food Program, notwithstanding any
other provision of law.</DELETED>
<DELETED> (h) Extension of Authority.--</DELETED>
<DELETED> (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
608 of this Act subject to the requirements contained in
section 1(b) of Public Law 107-57, as amended, for a
determination and certification, and consultation, by the
President prior to the exercise of such waiver
authority.</DELETED>
<DELETED> (2) Section 612 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.</DELETED>
<DELETED> (3) Notwithstanding the date contained in section
6 of Public Law 107-57, as amended, the provisions of sections
2 and 4 of that Act shall remain in effect through the current
fiscal year.</DELETED>
<DELETED> (i) Middle East Foundation.--Of the funds appropriated in
this Act under the heading ``ECONOMIC SUPPORT FUND'' that are available
for the Middle East Partnership Initiative, may be made available,
including as an endowment, notwithstanding any other provision of law
and following consultations with the Committees on Appropriations, to
establish and operate a Middle East Foundation, or any other similar
entity, whose purposes include to support democracy, governance, human
rights, and the rule of law: Provided, That such funds may be made
available to the Foundation only to the extent that the Foundation has
commitments from sources other than the United States Government to at
least match the funds provided under the authority of this subsection:
Provided further, That provisions contained in section 201 of the
Support for East European Democracy (SEED) Act of 1989 (excluding the
authorizations of appropriations provided in subsection (b) of that
section and the requirement that a majority of the members of the board
of directors be citizens of the United States provided in subsection
(d)(3)(B) of that section) shall be deemed to apply to any such
foundation or similar entity referred to under this subsection, and to
funds made available to such entity, in order to enable it to provide
assistance for purposes of this section: Provided further, That prior
to the initial obligation of funds for any such foundation or similar
entity pursuant to the authorities of this subsection, other than for
administrative support, the Secretary of State shall take steps to
ensure, on an ongoing basis, that any such funds made available
pursuant to such authorities are not provided to or through any
individual or group that the management of the foundation or similar
entity knows or has reason to believe, advocates, plans, sponsors, or
otherwise engages in terrorist activities: Provided further, That
section 629 of this Act shall apply to any such foundation or similar
entity established pursuant to this subsection: Provided further, That
the authority of the Foundation, or any similar entity, to provide
assistance shall cease to be effective on September 30, 2010.</DELETED>
<DELETED> (j) Extension of Authority.--The Foreign Operations Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--</DELETED>
<DELETED> (1) in section 599D (8 U.S.C. 1157 note)--
</DELETED>
<DELETED> (A) in subsection(b)(3), before ``2007''
by striking ``and'', and after ``2007'' by inserting,
``and 2008,'' and</DELETED>
<DELETED> (B) in subsection (e), by striking
``2007'' each place it appears and inserting ``2008'';
and</DELETED>
<DELETED> (2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2007'' and inserting
``2008''.</DELETED>
<DELETED>arab league boycott of israel</DELETED>
<DELETED> Sec. 634. It is the sense of the Congress that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) all Arab League states should normalize
relations with their neighbor Israel;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>eligibility for assistance</DELETED>
<DELETED> Sec. 635. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained under titles II through V of
this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this Act to
carry out the provisions of chapters 1, 10, 11, and 12 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, and from
funds appropriated under the heading ``ASSISTANCE FOR EASTERN EUROPE
AND THE BALTIC STATES'': Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification procedures
of those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.</DELETED>
<DELETED> (b) Public Law 480.--During fiscal year 2008, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.</DELETED>
<DELETED> (c) Exception.--This section shall not apply--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>reservations of funds</DELETED>
<DELETED> Sec. 636. (a) Funds appropriated under titles II through V
of this Act which are specifically designated may be reprogrammed for
other programs within the same account notwithstanding the designation
if compliance with the designation is made impossible by operation of
any provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.</DELETED>
<DELETED> (b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated by this
Act and administered by the United States Agency for International
Development that are specifically designated for particular programs or
activities by this or any other Act shall be extended for an additional
fiscal year if the Administrator of such agency determines and reports
promptly to the Committees on Appropriations that the termination of
assistance to a country or a significant change in circumstances makes
it unlikely that such designated funds can be obligated during the
original period of availability: Provided, That such designated funds
that are continued available for an additional fiscal year shall be
obligated only for the purpose of such designation.</DELETED>
<DELETED>ceilings and designated funding levels</DELETED>
<DELETED> Sec. 637. Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent
Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements
contained in any other Act shall not be applicable to funds
appropriated by this Act.</DELETED>
<DELETED>prohibition on publicity or propaganda</DELETED>
<DELETED> Sec. 638. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within the
United States not authorized before the date of the enactment of this
Act by the Congress: Provided, That not to exceed $25,000 may be made
available to carry out the provisions of section 316 of Public Law 96-
533.</DELETED>
<DELETED>prohibition of payments to united nations members</DELETED>
<DELETED> Sec. 639. None of the funds appropriated or made available
pursuant to titles II through V of this Act for carrying out the
Foreign Assistance Act of 1961, may be used to pay in whole or in part
any assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter 1
of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country's delegation at international
conferences held under the auspices of multilateral or international
organizations.</DELETED>
<DELETED>nongovernmental organizations--documentation</DELETED>
<DELETED> Sec. 640. None of the funds appropriated or made available
pursuant to titles II through V of this Act shall be available to a
nongovernmental organization which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements of
the United States Agency for International Development.</DELETED>
<DELETED>prohibition on assistance to foreign governments that export
lethal military equipment to countries supporting international
terrorism</DELETED>
<DELETED> Sec. 641. (a) None of the funds appropriated or otherwise
made available by titles II through V of this Act may be available to
any foreign government which provides lethal military equipment to a
country the government of which the Secretary of State has determined
is a terrorist government for purposes of section 6(j) of the Export
Administration Act of 1979. The prohibition under this section with
respect to a foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This section
applies with respect to lethal military equipment provided under a
contract entered into after October 1, 1997.</DELETED>
<DELETED> (b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President determines
that furnishing such assistance is important to the national interests
of the United States.</DELETED>
<DELETED> (c) Whenever the waiver authority of subsection (b) is
exercised, the President shall submit to the appropriate Congressional
committees a report with respect to the furnishing of such assistance.
Any such report shall include a detailed explanation of the assistance
to be provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers United
States national interests.</DELETED>
<DELETED>withholding of assistance for parking fines and real property
taxes owed by foreign countries</DELETED>
<DELETED> Sec. 642. (a) Subject to subsection (c), of the funds
appropriated under titles II through V of this Act that are made
available for assistance for a foreign country, an amount equal to 110
percent of the total amount of the unpaid fully adjudicated parking
fines and penalties and unpaid property taxes owed by the central
government of such country shall be withheld from obligation for
assistance for the central government of such country until the
Secretary of State submits a certification to the appropriate
congressional committees stating that such parking fines and penalties
and unpaid property taxes are fully paid.</DELETED>
<DELETED> (b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities funded by
this Act, after consultation with and subject to the regular
notification procedures of the appropriate congressional committees,
provided that no such funds shall be made available for assistance for
the central government of a foreign country that has not paid the total
amount of the fully adjudicated parking fines and penalties and unpaid
property taxes owed by such country.</DELETED>
<DELETED> (c) Subsection (a) shall not include amounts that have
been withheld under any other provision of law.</DELETED>
<DELETED> (d)(1) The Secretary of State may waive the requirements
set forth in subsection (a) with respect to parking fines and penalties
no sooner than 60 days from the date of enactment of this Act, or at
any time with respect to a particular country, if the Secretary
determines that it is in the national interests of the United States to
do so.</DELETED>
<DELETED> (2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property taxes if
the Secretary of State determines that it is in the national interests
of the United States to do so.</DELETED>
<DELETED> (e) Not later than six months after the initial exercise
of the waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a report to
the Committees on Appropriations describing a strategy, including a
timetable and steps currently being taken, to collect the parking fines
and penalties and unpaid property taxes and interest owed by nations
receiving foreign assistance under this Act.</DELETED>
<DELETED> (f) In this section:</DELETED>
<DELETED> (1) The term ``appropriate congressional
committees'' means the Committee on Appropriations of the
Senate and the Committee on Appropriations of the House of
Representatives.</DELETED>
<DELETED> (2) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle is
registered--</DELETED>
<DELETED> (A)(i) has not responded to the parking
violation summons; or (ii) has not followed the
appropriate adjudication procedure to challenge the
summons; and</DELETED>
<DELETED> (B) the period of time for payment of or
challenge to the summons has lapsed.</DELETED>
<DELETED> (3) The term ``parking fines and penalties'' means
parking fines and penalties--</DELETED>
<DELETED> (A) owed to--</DELETED>
<DELETED> (i) the District of Columbia;
or</DELETED>
<DELETED> (ii) New York, New York;
and</DELETED>
<DELETED> (B) incurred during the period April 1,
1997, through September 30, 2007.</DELETED>
<DELETED> (4) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be owed by a
foreign country on real property in the District of Columbia or
New York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.</DELETED>
<DELETED>limitation on assistance for the plo for the west bank and
gaza</DELETED>
<DELETED> Sec. 643. None of the funds appropriated under titles II
through V of this Act may be obligated for assistance for the Palestine
Liberation Organization (PLO) for the West Bank and Gaza unless the
President has exercised the authority under section 604(a) of the
Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104-
107) or any other legislation to suspend or make inapplicable section
307 of the Foreign Assistance Act of 1961 and that suspension is still
in effect: Provided, That if the President fails to make the
certification under section 604(b)(2) of the Middle East Peace
Facilitation Act of 1995 or to suspend the prohibition under other
legislation, funds appropriated by this Act may not be obligated for
assistance for the Palestine Liberation Organization for the West Bank
and Gaza.</DELETED>
<DELETED>war crimes tribunals drawdown</DELETED>
<DELETED> Sec. 644. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of
1961 of up to $30,000,000 of commodities and services for the United
Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other
tribunals or commissions as the Council may establish or authorize to
deal with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That the
drawdown made under this section for any tribunal shall not be
construed as an endorsement or precedent for the establishment of any
standing or permanent international criminal tribunal or court:
Provided further, That funds made available for tribunals other than
Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.</DELETED>
<DELETED>landmines</DELETED>
<DELETED> Sec. 645. Notwithstanding any other provision of law,
demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the President may
prescribe.</DELETED>
<DELETED>restrictions concerning the palestinian authority</DELETED>
<DELETED> Sec. 646. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to create in any
part of Jerusalem a new office of any department or agency of the
United States Government for the purpose of conducting official United
States Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem. As has been true in the past,
officers and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.</DELETED>
<DELETED>prohibition of payment of certain expenses</DELETED>
<DELETED> Sec. 647. None of the funds appropriated or otherwise made
available under titles III or IV of this Act under the heading
``INTERNATIONAL MILITARY EDUCATION AND TRAINING'' or ``FOREIGN MILITARY
FINANCING PROGRAM'' for Informational Program activities or under the
headings ``CHILD SURVIVAL AND HEALTH PROGRAMS FUND'', ``DEVELOPMENT
ASSISTANCE'', and ``ECONOMIC SUPPORT FUND'' may be obligated or
expended to pay for--</DELETED>
<DELETED> (1) alcoholic beverages; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED>haiti</DELETED>
<DELETED> Sec. 648. (a) 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.</DELETED>
<DELETED> (b) Of the funds appropriated by this act under titles III
and IV, not less than $201,584,000 shall be available for assistance
for Haiti: Provided, That not less than the following amounts of funds
appropriated by this Act under the following heading shall be made
available--</DELETED>
<DELETED> (1) $20,000,000 from ``CHILD SURVIVAL AND HEALTH
PROGRAMS FUND'';</DELETED>
<DELETED> (2) $25,000,000 from ``DEVELOPMENT
ASSISTANCE'';</DELETED>
<DELETED> (3) $83,000,000 from ``GLOBAL HIV/AIDS
INITIATIVE'';</DELETED>
<DELETED> (4) $63,394,000 from ``ECONOMIC SUPPORT
FUND'';</DELETED>
<DELETED> (5) $9,000,000 from ``INTERNATIONAL NARCOTICS
CONTROL AND LAW ENFORCEMENT'';</DELETED>
<DELETED> (6) $990,000 from ``FOREIGN MILITARY FINANCING
PROGRAM''; and</DELETED>
<DELETED> (7) $200,000 from ``INTERNATIONAL MILITARY
EDUCATION AND TRAINING''.</DELETED>
<DELETED> (c) None of the funds made available in this Act under the
heading ``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT'' may be
used to transfer excess weapons, ammunition or other lethal property of
an agency of the United States Government to the Government of Haiti
for use by the Haitian National Police until the Secretary of State
certifies to the Committees on Appropriations that--</DELETED>
<DELETED> (1) the United Nations Mission in Haiti has
carried out the vetting of the senior levels of the Haitian
National Police and has ensured that those credibly alleged to
have committed serious crimes, including drug trafficking and
human rights violations, have been suspended; and</DELETED>
<DELETED> (2) 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.</DELETED>
<DELETED>colombia</DELETED>
<DELETED> Sec. 649. (a) Availability of Funds for Assistance for
Colombia.--Of the funds appropriated in titles III and IV of this Act,
not more than $530,608,000 shall be available for assistance for
Colombia: Provided, That not more than $49,500,000 shall be available
from funds appropriated by this Act under the headings ``FOREIGN
MILITARY FINANCING PROGRAM'' and ``INTERNATIONAL MILITARY EDUCATION AND
TRAINING'' for assistance for Colombia: Provided further, That not less
than $22,250,000 shall be available for rule of law activities from
funds appropriated by this Act under the heading ``INTERNATIONAL
NARCOTICS CONTROL AND LAW ENFORCEMENT'': Provided further, That of the
funds appropriated by this act under the heading ``ECONOMIC SUPPORT
FUND'', not less than $218,500,000 shall be apportioned directly to the
United States Agency for International Development (USAID) for
alternative development/institution building and sustainable
development programs, of which not less than $15,000,000 shall be made
available for economic development activities in Afro-Colombian and
indigenous communities, in consultation with Afro-Colombian and
indigenous authorities and community members: Provided further, That
with respect to funds apportioned to USAID under the previous proviso,
the responsibility for policy decisions for the use of such funds,
including what activities will be funded and the amount of funds that
will be provided for each of those activities, shall be the
responsibility of the Administrator of USAID in consultation with the
Assistant Secretary of State for International Narcotics and Law
Enforcement Affairs: Provided further, That with respect to funds
apportioned to USAID under the third proviso of this section, not less
than $16,500,000 shall be available for judicial reform programs in
Colombia; not less than $8,250,000 shall be made available for
assistance for organizations and programs to protect human rights; and
not less than $5,000,000 shall be made available for assistance for the
Fiscalia: Provided further, That funds made available to furnish
assistance to the Government of Colombia in this Act and prior year
Acts making appropriations for foreign operations, export financing,
and related programs, may be used: (1) to support a unified campaign
against narcotics trafficking and terrorist organizations and
activities; and (2) to take actions to protect human health and welfare
in emergency circumstances, including undertaking rescue operations:
Provided further, That the authority contained in the previous proviso
shall cease to be effective if the Secretary of State has credible
evidence that the Colombian Government is not conducting vigorous
operations to restore government authority and respect for human rights
in areas under the effective control of paramilitary, illegal self-
defense groups, illegal security cooperatives, or other criminal and
guerrilla organizations: Provided further, That the President shall
ensure that if any helicopter procured with funds in this Act or prior
Acts making appropriations for foreign operations, export financing,
and related programs, is used to aid or abet the operations of any
illegal self-defense group or illegal security cooperative, such
helicopter shall be immediately returned to the United
States.</DELETED>
<DELETED>limitation on assistance to the palestinian
authority</DELETED>
<DELETED> Sec. 650. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian
Authority.</DELETED>
<DELETED> (b) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the Speaker of
the House of Representatives and the President pro tempore of the
Senate that waiving such prohibition is important to the national
security interests of the United States.</DELETED>
<DELETED> (c) Period of Application of Waiver.--Any waiver pursuant
to subsection (b) shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months after the
enactment of this Act.</DELETED>
<DELETED> (d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a report to the
Committees on Appropriations detailing the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure. The report shall also include a
description of how funds will be spent and the accounting procedures in
place to ensure that they are properly disbursed.</DELETED>
<DELETED>limitation on assistance to security forces</DELETED>
<DELETED> Sec. 651. None of the funds made available by this Act may
be provided to any unit of the security forces of a foreign country if
the Secretary of State has credible evidence that such unit has
committed gross violations of human rights, unless the Secretary
determines and reports to the Committees on Appropriations that the
government of such country is taking effective measures to bring the
responsible members of the security forces unit to justice: Provided,
That nothing in this section shall be construed to withhold funds made
available under titles II through V of this Act from any unit of the
security forces of a foreign country not credibly alleged to be
involved in gross violations of human rights: Provided further, That in
the event that funds are withheld from any unit pursuant to this
section, the Secretary of State shall promptly inform the foreign
government of the basis for such action and shall, to the maximum
extent practicable, assist the foreign government in taking effective
measures to bring the responsible members of the security forces to
justice.</DELETED>
<DELETED>foreign military training report</DELETED>
<DELETED> Sec. 652. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961 shall be
submitted by the Secretary of Defense and the Secretary of State to the
Committees on Appropriations of the House of Representatives and the
Senate by the date specified in that section.</DELETED>
<DELETED>authorization requirement</DELETED>
<DELETED> Sec. 653. Funds appropriated by this Act, except funds
appropriated under the headings ``TRADE AND DEVELOPMENT AGENCY'',
``OVERSEAS PRIVATE INVESTMENT CORPORATION'', and ``GLOBAL HIV/AIDS
INITIATIVE'', may be obligated and expended notwithstanding section 10
of Public Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.</DELETED>
<DELETED>libya</DELETED>
<DELETED> Sec. 654. None of the funds made available in this Act may
be used to carry out any diplomatic operations in Libya or accept the
credentials of any representative of the Government of Libya until such
time as the President certifies to Congress that Libya has taken
irrevocable steps to pay, in its entirety, the total amount of the
settlement commitment of $10,000,000 to the surviving families of each
descendent of Pan Am Flight 103 and certifies to Congress that Libya
will continue to work in good faith to resolve the outstanding cases of
United States victims of terrorism sponsored or supported by Libya,
including the settlement of the La Belle Discotheque bombing.</DELETED>
<DELETED>palestinian statehood</DELETED>
<DELETED> Sec. 655. (a) Limitation on Assistance.--None of the funds
appropriated under titles II through V of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
</DELETED>
<DELETED> (1) a new leadership of a Palestinian governing
entity has been democratically elected through credible and
competitive elections;</DELETED>
<DELETED> (2) the elected governing entity of a new
Palestinian state--</DELETED>
<DELETED> (A) has demonstrated a firm commitment to
peaceful co-existence with the State of
Israel;</DELETED>
<DELETED> (B) is taking appropriate measures to
counter terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of terrorist
infrastructures; and</DELETED>
<DELETED> (C) is establishing a new Palestinian
security entity that is cooperative with appropriate
Israeli and other appropriate security organizations;
and</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) termination of all claims or states of
belligerency;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) their right to live in peace within
secure and recognized boundaries free from threats or
acts of force;</DELETED>
<DELETED> (D) freedom of navigation through
international waterways in the area; and</DELETED>
<DELETED> (E) a framework for achieving a just
settlement of the refugee problem.</DELETED>
<DELETED> (b) Sense of Congress.--It is the sense of Congress that
the newly-elected governing entity should enact a constitution assuring
the rule of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations assuring
transparent and accountable governance.</DELETED>
<DELETED> (c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests of the
United States to do so.</DELETED>
<DELETED> (d) Exemption.--The restriction in subsection (a) shall
not apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or a newly-elected governing
entity, in order to help meet the requirements of subsection (a),
consistent with the provisions of section 650 of this Act (``Limitation
on Assistance to the Palestinian Authority'').</DELETED>
<DELETED>limitations on assistance to colombia</DELETED>
<DELETED> Sec. 656. (a) Withholding of Funds for Assistance to the
Colombian Armed Forces.--</DELETED>
<DELETED> (1) Requirement to withhold assistance funding.--
Notwithstanding any other provision of law, of the funds
appropriated by this Act under the headings ``ANDEAN
COUNTERDRUG INITIATIVE'' and ``FOREIGN MILITARY FINANCING
PROGRAM'' that are available for assistance for the Colombian
Armed Forces--</DELETED>
<DELETED> (A) 25 percent of such funds under each
such heading shall be withheld from obligation until
the Secretary of State consults with, and submits a
written certification to the Committees on
Appropriations that the Government of Colombia has met
the requirements described in subparagraphs (A) through
(D) of paragraph (2); and</DELETED>
<DELETED> (B) An additional 15 percent of such funds
under each such heading shall be withheld from
obligation until July 31, 2008, and shall only be
obligated after the Secretary of State consults with,
and submits a written certification to, the Committees
on Appropriations that, the Government of Colombia is
continuing to meet the requirements described in
subparagraphs (A) through (D) of paragraph (2) and has
met the requirements described in subparagraphs (E) and
(F) of such paragraph.</DELETED>
<DELETED> (2) Requirements.--The requirements referred to in
paragraph (1) are as follows:</DELETED>
<DELETED> (A) The Commander General of the Colombian
Armed Forces is suspending from the Colombian 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.</DELETED>
<DELETED> (B) The Government of Colombia is
investigating and prosecuting, in the civilian justice
system, those members of the Colombian Armed Forces, of
whatever rank, who have been credibly alleged to have
committed human rights violations, including extra-
judicial killings, torture, or attacks against human
rights defenders, or to have aided or abetted
paramilitary organizations or successor armed groups,
is suspending such members during the course of
investigation, 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 or successor armed
groups.</DELETED>
<DELETED> (C) The Colombian Armed Forces have made
demonstrable efforts to cooperate fully with civilian
prosecutors and judicial authorities in cases referred
to in subparagraph (B) (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).</DELETED>
<DELETED> (D) The Government of Colombia is ensuring
that the Colombian Armed Forces are not violating the
land and property rights of Colombia's indigenous and
Afro-Colombian communities, and that the Colombian
Armed Forces are appropriately distinguishing between
civilians, including displaced persons, and combatants
in their operations.</DELETED>
<DELETED> (E) The Colombian Armed Forces have made
substantial progress in and are severing links
(including denying access to military intelligence,
vehicles, and other equipment or supplies, and ceasing
other forms of active or tacit cooperation) at all
levels, with paramilitary organizations or successor
armed groups, especially in regions in which such
organizations have or had a significant
presence.</DELETED>
<DELETED> (F) The civilian judicial authorities of
the Government of Colombia are making demonstrable
progress in dismantling paramilitary leadership and
financial networks by arresting and vigorously
prosecuting under civilian criminal law individuals who
have provided financial, planning, or logistical
support, or have otherwise aided or abetted
paramilitary organizations or successor armed groups,
by identifying and confiscating land and other assets
illegally acquired by paramilitary organizations or
their associates and returning such land or assets to
their rightful owners, by revoking reduced sentences
for demobilized paramilitaries who engage in new
criminal activity, and by arresting, prosecuting under
civilian criminal law, and when requested, promptly
extraditing to the United States, new, re-armed, and
non-demobilized members of successor groups, especially
in regions in which these networks have or had a
significant presence.</DELETED>
<DELETED> (3) Certain funds exempted.--The requirement to
withhold funds from obligation pursuant to subparagraphs (A)
and (B) of paragraph (1) shall not apply with respect to funds
made available under the heading ``ANDEAN COUNTERDRUG
INITIATIVE'' for continued support for the Critical Flight
Safety Program or any alternative development programs in
Colombia administered by the Bureau of International Narcotics
and Law Enforcement Affairs of the Department of
State.</DELETED>
<DELETED> (4) Report.--At the time the Secretary of State
submits the certifications required by paragraph (1)(A) and
(1)(B) of this subsection, the Secretary shall also submit to
the Committees on Appropriations a report that contains, with
respect to each such paragraph, a detailed description of the
specific actions taken by both the Colombian Government and
Colombian Armed Forces which supports each requirement of the
certification, and the 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.</DELETED>
<DELETED> (b) Congressional Notification.--Funds made available by
this Act for the Colombian Armed Forces shall be subject to the regular
notification procedures of the Committees on Appropriations.</DELETED>
<DELETED> (c) Consultative Process.--Not later than 60 days after
the date of enactment of this Act, and every 90 days thereafter until
September 30, 2010, the Secretary of State shall consult with
internationally recognized human rights organizations regarding
progress in meeting the requirements contained in subsection
(a)(2).</DELETED>
<DELETED> (d) Definitions.--In this section:</DELETED>
<DELETED> (1) Aided or abetted.--The term ``aided or
abetted'' means to provide any support to paramilitary or
successor armed groups, including taking actions which allow,
facilitate, or otherwise foster the activities of such
groups.</DELETED>
<DELETED> (2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal security
cooperatives, including those groups and cooperatives that have
formerly demobilized but continue illegal operations, as well
as parts thereof.</DELETED>
<DELETED>prohibition on assistance to the palestinian broadcasting
corporation</DELETED>
<DELETED> Sec. 657. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.</DELETED>
<DELETED>support of peace process and demobilization in
colombia</DELETED>
<DELETED> Sec. 658. (a) Assistance for Demobilization and
Disarmament of Former Irregular Combatants in Colombia.--(1) Of the
funds appropriated in title III of this Act under the heading
``ECONOMIC SUPPORT FUND'', up to $23,000,000 shall be available for
assistance for the demobilization and full dismantlement of foreign
terrorist organizations in Colombia in accordance with the funding
designations contained in paragraph (2) and, in the case of assistance
under paragraph (2)(D), the certification requirements contained in
paragraph (3).</DELETED>
<DELETED> (2) Funding designation.--Of the funds made
available pursuant to paragraph (1)--</DELETED>
<DELETED> (A) $10,000,000 shall be made available to
support the Justice and Peace and Human Rights Units of
the Fiscalia for implementation of the Justice and
Peace Law;</DELETED>
<DELETED> (B) not less than $5,000,000 shall be made
available to support the Fiscalia, Procuraduria, or
Defensoria for establishment of a victims' protection
program;</DELETED>
<DELETED> (C) not less than $3,000,000 shall be made
available to the Defensoria to support legal
representation of victims as required by the Justice
and Peace Law; and</DELETED>
<DELETED> (D) up to $5,000,000 shall be made
available for assistance for the demobilization,
disarmament, and reintegration of former members of
foreign terrorist organizations (FTOs) in Colombia,
specifically the United Self-Defense Forces of Colombia
(AUC), the Revolutionary Armed Forces of Colombia
(FARC) and the National Liberation Army (ELN), if the
Secretary of State submits a certification described in
paragraph (3) to the Committees on Appropriations prior
to the initial obligation of amounts for such
assistance.</DELETED>
<DELETED> (3) Certification.--The certification required by
paragraph (2)(D) is a certification that--</DELETED>
<DELETED> (A) assistance for the fiscal year will be
provided only for individuals who--</DELETED>
<DELETED> (i) have verifiably renounced and
terminated any affiliation or involvement with
FTOs or other illegal armed groups;</DELETED>
<DELETED> (ii) are meeting all the
requirements of the Colombia Demobilization
Program, including having fully and truthfully
disclosed their involvement in past crimes and
their knowledge of the foreign terrorist
organizations structure, financing sources,
illegal assets, and the location of kidnapping
victims and bodies of the disappeared;
and</DELETED>
<DELETED> (iii) are not involved in
threatening or intimidating human rights
defenders.</DELETED>
<DELETED> (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 United States
for murder, kidnapping, narcotics trafficking, and
other violations of United States law, and is
immediately extraditing to the United States those
commanders, leaders and members indicted in the United
States who are credibly alleged to have breached the
terms of the Colombia Demobilization Program, including
by failing to fully confess their crimes, failing to
disclose their assets, or committing new crimes since
the approval of the Justice and Peace Law;</DELETED>
<DELETED> (C) the Government of Colombia is not
taking any steps to legalize the titles of land or
other assets illegally obtained and held by FTOs, their
associates, or successors, has established effective
procedures to identify such land and assets, and is
vigorously confiscating and returning such land and
other assets to their rightful owners; and the
Government of Colombia's reintegration programs exclude
any projects that would leave illegally obtained land
or assets in the possession of FTO members, their
associates, or successors;</DELETED>
<DELETED> (D) members of FTOs who receive sentence
reductions under the Colombian Justice and Peace Law
are serving their sentences in maximum-security
penitentiary establishments, under conditions of
detention that are appropriate to deter and effectively
prevent them from continuing to engage in criminal
activity;</DELETED>
<DELETED> (E) the Government of Colombia is
implementing a concrete and workable framework for
dismantling the organizational structures of foreign
terrorist organizations;</DELETED>
<DELETED> (F) funds are not made available as cash
payments to individuals and are available only for
activities relating to demobilization, disarmament,
reintegration (including training and education), and
vetting; and</DELETED>
<DELETED> (G) the Government of Colombia is
promptly, impartially, and thoroughly investigating all
attacks against human rights defenders allegedly
committed by FTOs or other illegal armed
groups.</DELETED>
<DELETED> (4) Report.--The report accompanying the
certification required by paragraph (3) shall specify, with
respect to each condition described in subparagraphs (A)
through (G) of paragraph (3)--</DELETED>
<DELETED> (A) the action taken by the Colombian
Government which supports the certification;</DELETED>
<DELETED> (B) the cases or issues brought to the
attention of the Secretary for which the response or
action taken by the Colombian Government has been
inadequate; and</DELETED>
<DELETED> (C) the views of the Colombian Attorney
General and the Inspector General with respect to the
Colombian Government's actions in relation to the
conditions described in subparagraphs (A) through (G)
of paragraph (3).</DELETED>
<DELETED> (5) Consultative process.--Not later than 60 days
after the date of enactment of this Act, and every 180 days
thereafter until September 30, 2010, the Secretary of State
shall consult with internationally recognized human rights and
justice organizations, including organizations representing
internally displaced persons, and representatives of victims of
demobilized FTOs, regarding progress in meeting the conditions
contained in paragraph (3).</DELETED>
<DELETED> (6) Foreign terrorist organization defined.--In
this subsection the term ``foreign terrorist organization''
means an organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.</DELETED>
<DELETED> (7) Congressional notification.--Funds made
available in title III of this Act for demobilization/
reintegration of former members of FTOs in Colombia shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations.</DELETED>
<DELETED> (b) Assistance to the Organization of American States
(OAS) Mission To Support the Peace Process in Colombia.--Of the funds
appropriated by this Act under the heading ``ECONOMIC SUPPORT FUND'',
not less than $3,000,000 shall be made available to support the peace
process in Colombia, as follows--</DELETED>
<DELETED> (1) not less than $2,700,000 shall be made
available to the OAS Mission to Support the Peace Process in
Colombia to assist the mission to fulfill its mandate of
independent international verification of the paramilitary
demobilization process; and</DELETED>
<DELETED> (2) not less than $300,000 may be made available
to the Inter-American Commission on Human Rights to conduct
monitoring of the demobilization process.</DELETED>
<DELETED>west bank and gaza program</DELETED>
<DELETED> Sec. 659. (a) Oversight.--For fiscal year 2008, 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
Committees on Appropriations 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.</DELETED>
<DELETED> (b) Vetting.--Prior to the obligation of funds
appropriated by this Act under the heading ``ECONOMIC SUPPORT FUND''
for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity, or
educational institution that the Secretary knows or has reason to
believe advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity nor those that have as a trustee any member of a
certified foreign terrorist organization. The Secretary of State shall,
as appropriate, establish procedures specifying the steps to be taken
in carrying out this subsection and shall terminate assistance to any
individual, entity, or educational institution which she has determined
to be involved in or advocating terrorist activity.</DELETED>
<DELETED> (c) Prohibition.--</DELETED>
<DELETED> (1) None of the funds appropriated under titles II
through V of 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.</DELETED>
<DELETED> (2) Notwithstanding any other provision of law,
none of the funds made available by this or prior
appropriations act, including funds made available by transfer,
may be made available for obligation for security assistance
for the West Bank and Gaza until the Secretary of State reports
to the Committee on Appropriations of the House of
Representatives on the benchmarks that have been established
for security assistance for the West Bank and Gaza and reports
on the extent of Palestinian compliance with such
benchmarks.</DELETED>
<DELETED> (d) Audits.--</DELETED>
<DELETED> (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 sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.</DELETED>
<DELETED> (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 other activities in furtherance of the
requirements of this subsection.</DELETED>
<DELETED> (e) Subsequent to the certification specified in
subsection (a), the Comptroller General of the United States shall
conduct an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program in
fiscal year 2008 under the heading ``ECONOMIC SUPPORT FUND''. The audit
shall address--</DELETED>
<DELETED> (1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and</DELETED>
<DELETED> (2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.</DELETED>
<DELETED> (f) Not later than 180 days after enactment of this act,
the secretary of state shall submit a report to the committees on
appropriations updating the report contained in section 2106 of chapter
2 of title II of Public Law 109-13.</DELETED>
<DELETED>contributions to the united nations population fund</DELETED>
<DELETED> Sec. 660. (a) Limitations on Amount of Contribution.--Of
the amounts made available under ``International Organizations and
Programs'' and ``Child Survival and Health Programs Fund'' accounts for
fiscal year 2008, $40,000,000 shall be made available for the United
Nations Population Fund (UNFPA): Provided, That of this amount, not
less than $23,000,000 shall be derived from funds appropriated under
the heading ``International Organizations and Programs''.</DELETED>
<DELETED> (b) Availability of Funds.--Funds appropriated under the
heading ``INTERNATIONAL ORGANIZATIONS AND PROGRAMS'' in this Act that
are available for UNFPA, that are not made available for UNFPA because
of the operation of any provision of law, shall be transferred to the
``CHILD SURVIVAL AND HEALTH PROGRAMS FUND'' account and shall be made
available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the
Committees on Appropriations.</DELETED>
<DELETED> (c) Prohibition on Use of Funds in China.--None of the
funds made available under this Act may be used by UNFPA for a country
program in the People's Republic of China.</DELETED>
<DELETED> (d) Conditions on Availability of Funds.--Amounts made
available under this Act for UNFPA may not be made available to UNFPA
unless--</DELETED>
<DELETED> (1) UNFPA maintains amounts made available to
UNFPA under this section in an account separate from other
accounts of UNFPA;</DELETED>
<DELETED> (2) UNFPA does not commingle amounts made
available to UNFPA under this section with other sums;
and</DELETED>
<DELETED> (3) UNFPA does not fund abortions.</DELETED>
<DELETED> (e) Report to Congress and Dollar-for-Dollar Withholding
of Funds.--</DELETED>
<DELETED> (1) Not later than four months after the date of
enactment of this Act, the Secretary of State shall submit a
report to the appropriate Congressional committees indicating
the amount of funds that the UNFPA is budgeting for the year in
which the report is submitted for a country program in the
People's Republic of China.</DELETED>
<DELETED> (2) If a report under subparagraph (d) indicates
that the UNFPA plans to spend funds for a country program in
the People's Republic of China in the year covered by the
report, then the amount of such funds that the UNFPA plans to
spend in the People's Republic of China shall be deducted from
the funds made available to the UNFPA after March 1 for
obligation for the remainder of the fiscal year in which the
report is submitted.</DELETED>
<DELETED> (f) Nothing in this section shall be construed to limit
the authority of the President to deny funds to any organization by
reason of the application of another provision of this Act or any other
provision of law.</DELETED>
<DELETED>war criminals</DELETED>
<DELETED> Sec. 661. (a)(1) None of the funds appropriated or
otherwise made available under titles II through V of this Act may be
made available for assistance, and the Secretary of the Treasury shall
instruct the United States Executive Director at each international
financial institution to vote against any new project involving the
extension by such institutions of any financial or technical
assistance, to any country, entity, or municipality whose competent
authorities have failed, as determined by the Secretary of State, to
take necessary and significant steps to implement its international
legal obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'') all
persons in their territory who have been indicted by the Tribunal and
to otherwise cooperate with the Tribunal.</DELETED>
<DELETED> (2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.</DELETED>
<DELETED> (b) The provisions of subsection (a) shall apply unless
the Secretary of State determines and reports to the appropriate
Congressional committees that the competent authorities of such
country, entity, or municipality are--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) are acting consistently with the Dayton
Accords.</DELETED>
<DELETED> (c) Not less than ten days before any vote in an
international financial institution regarding the extension of any new
project involving financial or technical assistance or grants to any
country or entity described in subsection (a), the Secretary of the
Treasury, in consultation with the Secretary of State, shall provide to
the Committees on Appropriations a written justification for the
proposed assistance, including an explanation of the United States
position regarding any such vote, as well as a description of the
location of the proposed assistance by municipality, its purpose, and
its intended beneficiaries.</DELETED>
<DELETED> (d) In carrying out this section, the Secretary of State,
the Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent indicted war
criminals from benefiting from any financial or technical assistance or
grants provided to any country or entity described in subsection
(a).</DELETED>
<DELETED> (e) The Secretary of State may waive the application of
subsection (a) with respect to projects within a country, entity, or
municipality upon a written determination to the Committees on
Appropriations that such assistance directly supports the
implementation of the Dayton Accords.</DELETED>
<DELETED> (f) Definitions.--As used in this section:</DELETED>
<DELETED> (1) Country.--The term ``country'' means Bosnia
and Herzegovina, Croatia and Serbia.</DELETED>
<DELETED> (2) Entity.--The term ``entity'' refers to the
Federation of Bosnia and Herzegovina, Kosovo, Montenegro and
the Republika Srpska.</DELETED>
<DELETED> (3) Municipality.--The term ``municipality'' means
a city, town or other subdivision within a country or entity as
defined herein.</DELETED>
<DELETED> (4) Dayton accords.--The term ``Dayton Accords''
means the General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.</DELETED>
<DELETED>user fees</DELETED>
<DELETED> Sec. 662. The Secretary of the Treasury shall instruct the
United States Executive Director at each international financial
institution (as defined in section 1701(c)(2) of the International
Financial Institutions Act) and the International Monetary Fund to
oppose any loan, grant, strategy or policy of these institutions that
would require user fees or service charges on poor people for primary
education or primary healthcare, including prevention, treatment and
care efforts for HIV/AIDS, malaria, tuberculosis, and infant, child,
and maternal well-being, in connection with the institutions' financing
programs.</DELETED>
<DELETED>funding for serbia</DELETED>
<DELETED> Sec. 663. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia and the
Government of Montenegro after May 31, 2008, if the President has made
the determination and certification contained in subsection
(c).</DELETED>
<DELETED> (b) After May 31, 2008, the Secretary of the Treasury
should instruct the United States Executive Director at each
international financial institution to support loans and assistance to
the Government of Serbia and Government of Montenegro subject to the
conditions in subsection (c): Provided, That section 576 of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1997, as amended, shall not apply to the provision of loans and
assistance to the Governments of Serbia and Montenegro through
international financial institutions.</DELETED>
<DELETED> (c) The determination and certification referred to in
subsection (a) is a determination by the President and a certification
to the Committees on Appropriations that the Government of Serbia and
the Government of Montenegro is--</DELETED>
<DELETED> (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, and the surrender and transfer of indictees or
assistance in their apprehension, including Ratko
Mladic;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law.</DELETED>
<DELETED> (d) This section shall not apply to Kosovo and Montenegro,
humanitarian assistance or assistance to promote democracy.</DELETED>
<DELETED>community-based police assistance</DELETED>
<DELETED> Sec. 664. (a) Authority.--Funds made available by title
III of this Act to carry out the provisions of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961, may be
used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
strategic planning, and through assistance to foster civilian police
roles that support democratic governance including assistance for
programs to prevent conflict, respond to disasters, address gender-
based violence, and foster improved police relations with the
communities they serve.</DELETED>
<DELETED> (b) Notification.--Assistance provided under subsection
(a) shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.</DELETED>
<DELETED>special debt relief for the poorest</DELETED>
<DELETED> Sec. 665. (a) Authority To Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the United
States) by an eligible country as a result of--</DELETED>
<DELETED> (1) guarantees issued under sections 221 and 222
of the Foreign Assistance Act of 1961;</DELETED>
<DELETED> (2) credits extended or guarantees issued under
the Arms Export Control Act; or</DELETED>
<DELETED> (3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-
501).</DELETED>
<DELETED> (b) Limitations.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Conditions.--The authority provided by subsection (a)
may be exercised only with respect to a country whose government--
</DELETED>
<DELETED> (1) does not have an excessive level of military
expenditures;</DELETED>
<DELETED> (2) has not repeatedly provided support for acts
of international terrorism;</DELETED>
<DELETED> (3) is not failing to cooperate on international
narcotics control matters;</DELETED>
<DELETED> (4) does not engage in a consistent pattern of
gross violations of internationally recognized human rights
(including its military or other security forces);
and</DELETED>
<DELETED> (5) is not ineligible for assistance because of
the application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.</DELETED>
<DELETED> (d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds appropriated
by this Act under the heading ``DEBT RESTRUCTURING''.</DELETED>
<DELETED> (e) Certain Prohibitions Inapplicable.--A reduction of
debt pursuant to subsection (a) shall not be considered assistance for
the purposes of any provision of law limiting assistance to a country.
The authority provided by subsection (a) may be exercised
notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or
section 321 of the International Development and Food Assistance Act of
1975.</DELETED>
<DELETED>authority to engage in debt buybacks or sales</DELETED>
<DELETED> Sec. 666. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--</DELETED>
<DELETED> (1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to any
eligible purchaser any concessional loan or portion thereof
made before January 1, 1995, pursuant to the Foreign Assistance
Act of 1961, to the government of any eligible country as
defined in section 702(6) of that Act or on receipt of payment
from an eligible purchaser, reduce or cancel such loan or
portion thereof, only for the purpose of facilitating--
</DELETED>
<DELETED> (A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps;
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or canceled
pursuant to this section shall be deposited in the United States
Government account or accounts established for the repayment of such
loan.</DELETED>
<DELETED> (c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the purpose of
engaging in debt-for-equity swaps, debt-for-development swaps, or debt-
for-nature swaps.</DELETED>
<DELETED> (d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.</DELETED>
<DELETED> (e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds appropriated by
this Act under the heading ``DEBT RESTRUCTURING''.</DELETED>
<DELETED>basic education</DELETED>
<DELETED> Sec. 667. (a) In General.--Of the funds appropriated by
title III of this Act, not less than $750,000,000 shall be made
available for assistance for developing countries for basic education.
Of this amount, not less than $265,000,000 shall be provided and
implemented in countries that have an approved national education
plan.</DELETED>
<DELETED> (b) Coordinator.--There shall be established within the
Department of State in the immediate office of the Secretary of State,
a Coordinator of United States Government activities to provide basic
education assistance in developing countries (hereinafter in this
section referred to as the ``Coordinator'').</DELETED>
<DELETED> (c) Responsibilities.--That this Coordinator shall have
primary responsibility for the oversight and coordination of all
resources and international activities of the United States Government
that provide assistance in developing countries for basic education.
The individual serving as the Coordinator may not hold any other
position in the Federal Government during the individual's time of
service as Coordinator.</DELETED>
<DELETED> (d) Strategy.--The President shall develop a comprehensive
integrated United States Government strategy to provide assistance in
developing countries for basic education within 90 days of enactment of
this Act.</DELETED>
<DELETED> (e) Report to Congress.--Not later than September 30,
2008, the Secretary of State shall report to the Committees on
Appropriations on the implementation of United States Government
assistance programs in developing countries for basic
education.</DELETED>
<DELETED> (f) Funds appropriated by title II of Public Law 109-102
and provided to the Comptroller General pursuant to section 567 of that
Act shall be available until expended and are also available to the
Comptroller General to conduct further evaluations of basic education
programs in developing countries under the direction of the Committees
on Appropriations.</DELETED>
<DELETED>reconciliation programs</DELETED>
<DELETED> Sec. 668. Of the funds appropriated by title III of this
Act under the heading ``ECONOMIC SUPPORT FUND'', not less than
$12,000,000 shall be made available to support Conflict Resolution and
Reconciliation Programs and an additional amount of $11,000,000 shall
be made available to support Middle East People to People Coexistence
Programs to promote activities which bring together individuals of
different ethnic, religious, and political backgrounds from areas of
civil conflict and war.</DELETED>
<DELETED>sudan</DELETED>
<DELETED> Sec. 669. (a) Limitation on Assistance.--Subject to
subsection (d):</DELETED>
<DELETED> (1) Notwithstanding any other provision of law,
none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Subsection (a) shall not apply if the Secretary of
State determines and certifies to the Committees on Appropriations
that:</DELETED>
<DELETED> (1) The Government of Sudan honors its pledges to
cease attacks upon civilians and disarms and demobilizes the
Janjaweed and other government-supported militias.</DELETED>
<DELETED> (2) The Government of Sudan and all government-
supported militia groups are honoring their commitments made in
all previous cease-fire agreements.</DELETED>
<DELETED> (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 the international
monitoring team that is based in Darfur and has the support of
the United States.</DELETED>
<DELETED> (c) Exceptions.--The provisions of subsection (b) shall
not apply to--</DELETED>
<DELETED> (1) humanitarian assistance;</DELETED>
<DELETED> (2) assistance for the Darfur region, Southern
Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State,
and Abyei; and</DELETED>
<DELETED> (3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement or
any other internationally-recognized viable peace agreement in
Sudan.</DELETED>
<DELETED> (d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'', shall not include the Government of Southern
Sudan.</DELETED>
<DELETED> (e) Notwithstanding any other law, assistance in this Act
may be made available to the Government of Southern Sudan to provide
non-lethal military assistance, military education and training, and
defense services controlled under the International Traffic in Arms
Regulations (22 CRF 120.1 et seq.) if the Secretary of State--
</DELETED>
<DELETED> (1) determines that the provision of such items is
in the national interest of the United States; and</DELETED>
<DELETED> (2) not later than 15 days before the provision of
any such assistance, notifies the Committees on Appropriations
and the Committee on Foreign Relations in the Senate and the
Committee on Foreign Affairs in the House of Representatives of
such determination.</DELETED>
<DELETED>trade capacity building</DELETED>
<DELETED> Sec. 670. Of the funds appropriated by this Act, under the
headings ``DEVELOPMENT ASSISTANCE'', ``ASSISTANCE FOR EASTERN EUROPE
AND THE BALTIC STATES'', ``ECONOMIC SUPPORT FUND'', ``ANDEAN
COUNTERDRUG INITIATIVE'', and ``ASSISTANCE FOR THE INDEPENDENT STATES
OF THE FORMER SOVIET UNION'', not less than $525,000,000 should be made
available for trade capacity building assistance: Provided, That
$10,000,000 of the funds appropriated in this Act under the heading
``ECONOMIC SUPPORT FUND'' shall be made available for labor and
environmental capacity building activities relating to the free trade
agreement with the countries of Central America and the Dominican
Republic.</DELETED>
<DELETED>excess defense articles for central and south european
countries and certain other countries</DELETED>
<DELETED> Sec. 671. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008,
funds available to the Department of Defense may be expended for
crating, packing, handling, and transportation of excess defense
articles transferred under the authority of section 516 of such Act to
Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian
Republic of Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan,
Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, and Ukraine.</DELETED>
<DELETED>assistance to colombia law enforcement to combat illegal armed
groups</DELETED>
<DELETED> Sec. 672. (a) Assistance to Law Enforcement and
Intelligence Agencies.--</DELETED>
<DELETED> (1) Withholding obligations of funds.--The
Secretary of State shall withhold the obligation of funds for
assistance to any Colombian law enforcement or intelligence
agency, including the Colombian National Police, the Fiscalia,
and the Departamento Administrativo de Seguridad (the
Intelligence Service), if the Secretary determines that--
</DELETED>
<DELETED> (A) there has been significant
infiltration of the agency by the Revolutionary Armed
Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia
(AUC), successor groups, or criminal organizations;
or</DELETED>
<DELETED> (B) the agency's leadership has willfully
provided any support to such groups, including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities of such
groups.</DELETED>
<DELETED> (2) Resumption of assistance.--The Secretary of
State may resume the obligation of funds suspended under
paragraph (1) if the Secretary determines and certifies to the
Committees on Appropriations, based on a careful review of the
structure and membership of the agency involved, that it has
credibly and effectively eliminated the penetration of
individuals associated with illegal armed groups, and removed
those leaders and members who were providing support to such
groups.</DELETED>
<DELETED> (b) Illegal Armed Groups.--</DELETED>
<DELETED> (1) Denial of visas to supporters of colombian
illegal armed groups.--Subject to paragraph (2), the Secretary
of State shall not issue a visa to any alien who the Secretary
determines, based on credible evidence--</DELETED>
<DELETED> (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), or successor groups,
including taking actions or failing to take actions
which allow, facilitate, or otherwise foster the
activities of such groups; or</DELETED>
<DELETED> (B) has committed, ordered, incited,
assisted, or otherwise participated in the commission
of gross violations of human rights, including extra-
judicial killings, in Colombia.</DELETED>
<DELETED> (2) Waiver.--Paragraph (1) shall not apply if the
Secretary of State determines and certifies to the Committees
on Appropriations, on a case-by-case basis, that the issuance
of a visa to the alien is necessary to support the peace
process in Colombia or for urgent humanitarian
reasons.</DELETED>
<DELETED>cuba</DELETED>
<DELETED> Sec. 673. None of the funds appropriated by this Act under
the heading ``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT'' may
be made available for assistance to the Government of Cuba.</DELETED>
<DELETED>gender-based violence</DELETED>
<DELETED> Sec. 674. Programs funded under titles III and IV of this
Act that provide training for foreign police, judicial, and military
officials, shall include, where appropriate, programs and activities
that address gender-based violence.</DELETED>
<DELETED>limitation on economic support fund assistance for certain
foreign governments that are parties to the international criminal
court</DELETED>
<DELETED> Sec. 675. (a) None of the funds made available in this Act
under the heading ``ECONOMIC SUPPORT FUND'' may be used to provide
assistance to the government of a country that is a party to the
International Criminal Court and has not entered into an agreement with
the United States pursuant to Article 98 of the Rome Statute preventing
the International Criminal Court from proceeding against United States
personnel present in such country.</DELETED>
<DELETED> (b) The President may, with prior notice to Congress,
waive the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (``NATO'') member country, a major non-
NATO ally (including Australia, Egypt, Israel, Japan, Jordan,
Argentina, the Republic of Korea, and New Zealand), Taiwan, or such
other country as he may determine if he determines and reports to the
appropriate congressional committees that it is important to the
national interests of the United States to waive such
prohibition.</DELETED>
<DELETED> (c) The President may, with prior notice to Congress,
waive the prohibition of subsection (a) with respect to a particular
country if he determines and reports to the appropriate congressional
committees that such country has entered into an agreement with the
United States pursuant to Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against United States
personnel present in such country.</DELETED>
<DELETED> (d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the Millennium
Challenge Act of 2003, notwithstanding section 606(a)(2)(B) of such
Act.</DELETED>
<DELETED>tibet</DELETED>
<DELETED> Sec. 676. (a) The Secretary of the Treasury should
instruct the United States Executive Director at each international
financial institution to use the voice and vote of the United States to
support projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and natural
resources to non-Tibetans; are based on a thorough needs-assessment;
foster self-sufficiency of the Tibetan people and respect Tibetan
culture and traditions; and are subject to effective
monitoring.</DELETED>
<DELETED> (b) Notwithstanding any other provision of law, not less
than $5,000,000 of the funds appropriated by title III of this Act
under the heading ``ECONOMIC SUPPORT FUND'' should be made available to
nongovernmental organizations to support activities which preserve
cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in China, and not
less than $250,000 should be made available to the National Endowment
for Democracy for human rights and democracy programs relating to
Tibet.</DELETED>
<DELETED>western hemisphere</DELETED>
<DELETED> Sec. 677. (a) Not less than the amounts of funds initially
allocated for the fiscal year 2007 pursuant to section 653(a) of the
Foreign Assistance Act of 1961 for El Salvador, Guatemala, Nicaragua,
and Honduras under the headings ``CHILD SURVIVAL AND HEALTH PROGRAMS
FUND'' and ``DEVELOPMENT ASSISTANCE'', should be made available for
each such country from funds appropriated under such headings by this
Act.</DELETED>
<DELETED> (b) Not less than the aggregate amount of funds initially
allocated for the fiscal year 2007 pursuant to section 653(a) of the
Foreign Assistance Act of 1961 for countries in the Western Hemisphere
under the heading ``FOREIGN MILITARY FINANCING PROGRAM'', should be
made available for such countries from funds appropriated under such
heading by this Act: Provided, That not less than the following amounts
from funds appropriated by this Act under such heading shall be made
available to enhance security in the Western Hemisphere consistent with
democratic principles and the rule of law--</DELETED>
<DELETED> (1) $48,000,000 for assistance for
Colombia;</DELETED>
<DELETED> (2) $4,800,000 for assistance for El
Salvador;</DELETED>
<DELETED> (3) $500,000 for assistance for
Honduras;</DELETED>
<DELETED> (4) $300,000 for assistance for Bolivia;</DELETED>
<DELETED> (5) $250,000 for assistance for Guatemala;
and</DELETED>
<DELETED> (6) $100,000 for assistance for Belize.</DELETED>
<DELETED> (c) Funds made available pursuant to subsection (b) shall
be subject to the regular notification procedures of the Committees on
Appropriations.</DELETED>
<DELETED>united states agency for international development
management</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 678. (a) Authority.--Up to $81,000,000 of the funds
made available in title III of this Act to carry out the provisions of
part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``ASSISTANCE FOR EASTERN EUROPE AND THE
BALTIC STATES'', may be used by the United States Agency for
International Development (USAID) to hire and employ individuals in the
United States and overseas on a limited appointment basis pursuant to
the authority of sections 308 and 309 of the Foreign Service Act of
1980.</DELETED>
<DELETED> (b) Restrictions.--</DELETED>
<DELETED> (1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection (a) may
not exceed 175.</DELETED>
<DELETED> (2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.</DELETED>
<DELETED> (c) Conditions.--The authority of subsection (a) may only
be used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``ASSISTANCE FOR EASTERN EUROPE AND THE
BALTIC STATES'', are eliminated.</DELETED>
<DELETED> (d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to meet
personnel positions in technical skill areas currently encumbered by
contractor or other non-direct hire personnel.</DELETED>
<DELETED> (e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly basis
concerning the implementation of this section.</DELETED>
<DELETED> (f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of this
section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to carry out
this section may be transferred to and merged and consolidated with
funds appropriated for ``OPERATING EXPENSES OF THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT''.</DELETED>
<DELETED> (g) Management Reform Pilot.--Of the funds made available
in subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $10,000,000 to fund overseas support
costs of members of the Foreign Service with a Foreign Service rank of
four or below: Provided, That such authority is only used to reduce
USAID's reliance on overseas personal services contractors or other
non-direct hire employees compensated with funds appropriated to carry
out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``ASSISTANCE FOR EASTERN EUROPE AND THE
BALTIC STATES''.</DELETED>
<DELETED> (h) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ``ASSISTANCE
FOR EASTERN EUROPE AND THE BALTIC STATES'', may be used, in addition to
funds otherwise available for such purposes, for the cost (including
the support costs) of individuals detailed to or employed by the United
States Agency for International Development whose primary
responsibility is to carry out programs in response to natural
disasters.</DELETED>
<DELETED>opic transfer authority</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 679. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961, up
to a total of $20,000,000 of the funds appropriated under title III of
this Act may be transferred to and merged with funds appropriated by
this Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall not be available for administrative
expenses of the Overseas Private Investment Corporation: Provided
further, That designated funding levels in this Act shall not be
transferred pursuant to this section: Provided further, That the
exercise of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.</DELETED>
<DELETED>reporting requirement</DELETED>
<DELETED> Sec. 680. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2008, and for
each fiscal quarter, a report in writing on the uses of funds made
available under the headings ``FOREIGN MILITARY FINANCING PROGRAM'',
``INTERNATIONAL MILITARY EDUCATION AND TRAINING'', and ``PEACEKEEPING
OPERATIONS'': Provided, That such report shall include a description of
the obligation and expenditure of funds, and the specific country in
receipt of, and the use or purpose of the assistance provided by such
funds.</DELETED>
<DELETED>anticorruption provisions</DELETED>
<DELETED> Sec. 681. Twenty percent of the funds appropriated under
title V of this Act under the heading ``INTERNATIONAL DEVELOPMENT
ASSISTANCE'', shall be withheld from disbursement until the Secretary
of the Treasury reports to the appropriate Congressional committees on
the extent to which the World Bank has completed the
following:</DELETED>
<DELETED> (1) World Bank procurement guidelines have been
applied to all procurement financed in whole or in part by a
loan from the World Bank or a credit agreement or grant from
the International Development Association (IDA).</DELETED>
<DELETED> (2) The World Bank proposal ``Increasing the Use
of Country Systems in Procurement'' dated March 2005 has been
withdrawn.</DELETED>
<DELETED> (3) The World Bank maintains a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions, and
complaints regarding procurement procedures and payments under
IDA and World Bank projects.</DELETED>
<DELETED> (4) Thresholds for international competitive
bidding have been established to maximize international
competitive bidding in accordance with sound procurement
practices, including transparency, competition, and cost-
effective results for the Borrowers.</DELETED>
<DELETED> (5) All tenders under the World Bank's national
competitive bidding provisions are subject to the same
advertisement requirements as tenders under international
competitive bidding.</DELETED>
<DELETED> (6) Loan agreements between the World Bank and the
Borrowers have been made public.</DELETED>
<DELETED>indonesia</DELETED>
<DELETED> Sec. 682. Of the funds appropriated by this Act under the
heading ``FOREIGN MILITARY FINANCING PROGRAM'', not more than
$6,000,000 may be made available for assistance for Indonesia, until
the Secretary of State reports to the Committees on Appropriations on
steps taken by the Government of Indonesia on the following--</DELETED>
<DELETED> (1) prosecution and punishment, in a manner
proportional to the crime, for members of the Armed Forces who
have been credibly alleged to have committed gross violations
of human rights;</DELETED>
<DELETED> (2) cooperation by the Armed Forces, at the
direction of the President of Indonesia, with civilian judicial
authorities and with international efforts to resolve cases of
gross violations of human rights in East Timor and elsewhere;
and</DELETED>
<DELETED> (3) implementation by the Armed Forces, at the
direction of the President of Indonesia, of reforms to increase
the transparency and accountability of their operations and
financial management.</DELETED>
<DELETED>establishment of the growth fund</DELETED>
<DELETED> Sec. 683. Establishment of the GROWTH Fund.--</DELETED>
<DELETED> (a) Establishment.--</DELETED>
<DELETED> (1) In general.--The Secretary of State, acting
through the Director of United States Foreign Assistance, shall
establish the Global Resources and Opportunities for Women to
Thrive (GROWTH) Fund for the purpose of enhancing economic
opportunities for very poor, poor, and low-income women in
developing countries with a focus on--</DELETED>
<DELETED> (A) increasing women-owned enterprise
development;</DELETED>
<DELETED> (B) increasing property rights for
women;</DELETED>
<DELETED> (C) increasing women's access to financial
services;</DELETED>
<DELETED> (D) increasing women in leadership in
implementing organizations, such as indigenous
nongovernmental organizations, community-based
organizations, and regulated financial
intermediaries;</DELETED>
<DELETED> (E) improving women's employment benefits
and conditions; and</DELETED>
<DELETED> (F) increasing women's ability to benefit
from global trade.</DELETED>
<DELETED> (2) Role of usaid missions.--The Fund shall be
available to USAID missions to apply for additional funding to
support specific additional activities that enhance women's
economic opportunities or to integrate gender into existing
economic opportunity programs.</DELETED>
<DELETED> (b) Activities Supported.--The Fund shall be available to
USAID missions to support--</DELETED>
<DELETED> (1) initiatives to eliminate legal and
institutional barriers to women's ownership of assets, access
to credit, access to information and communication
technologies, and engagement in business activities within or
outside of the home;</DELETED>
<DELETED> (2) microfinance and microenterprise development
programs that--</DELETED>
<DELETED> (A) specifically target women with respect
to outreach and marketing; and</DELETED>
<DELETED> (B) provide products specifically to
address women's assets, needs, and the barriers women
encounter with respect to participation in enterprise
and financial services;</DELETED>
<DELETED> (3) programs, projects, and activities for
enterprise development for women in developing countries that--
</DELETED>
<DELETED> (A) in coordination with developing
country governments and interested individuals and
organizations, encourage 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;</DELETED>
<DELETED> (B) promote access to information and
communication technologies (ICT) with training in ICT
for women-owned small- and medium-sized
enterprises;</DELETED>
<DELETED> (C) provide training, through local
associations of women-owned enterprises or
nongovernmental organizations in record keeping,
financial and personnel management, international
trade, business planning, marketing, policy advocacy,
leadership development, and other relevant
areas;</DELETED>
<DELETED> (D) provide resources to establish and
enhance local, national, and international networks and
associations of women-owned small- and medium-sized
enterprises;</DELETED>
<DELETED> (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;
and</DELETED>
<DELETED> (F) seek to award contracts to qualified
indigenous women-owned small- and medium-sized
enterprises, including for post-conflict reconstruction
and to facilitate employment of indigenous women,
including during post-conflict reconstruction in jobs
not traditionally undertaken by women;</DELETED>
<DELETED> (4) programs, projects, and activities for the
promotion of private property rights and land tenure security
for women in developing countries that are implemented by
local, indigenous nongovernmental and community-based
organizations dedicated to addressing the needs of women,
especially women's organizations that--</DELETED>
<DELETED> (A) advocate to amend and harmonize
statutory and customary law to give women equal rights
to own, use, and inherit property;</DELETED>
<DELETED> (B) promote legal literacy among women and
men about property rights for women and how to exercise
such rights;</DELETED>
<DELETED> (C) assist women in making land claims and
protecting women's existing claims; and</DELETED>
<DELETED> (D) advocate for equitable land titling
and registration for women;</DELETED>
<DELETED> (5) activities to increase women's access to
employment and to higher quality employment with better
remuneration and working conditions in developing countries,
including access to insurance and other social safety nets, in
informal and formal employment relative to core labor standards
determined by the International Labor Organization. Such
activities should include--</DELETED>
<DELETED> (A) public education efforts to inform
poor women and men of their legal rights related to
employment;</DELETED>
<DELETED> (B) education and vocational training
tailored to enable poor women to access opportunities
in potential growth sectors in their local economies
and in jobs within the formal and informal sectors
where women are not traditionally highly
represented;</DELETED>
<DELETED> (C) efforts to support self-employed poor
women or wage workers to form or join independent
unions or other labor associations to increase their
income and improve their working conditions;
and</DELETED>
<DELETED> (D) advocacy efforts to protect the rights
of women in the workplace, including--</DELETED>
<DELETED> (i) developing programs with the
participation of civil society to eliminate
gender-based violence; and</DELETED>
<DELETED> (ii) providing capacity-building
assistance to women's organizations to
effectively research and monitor labor rights
conditions;</DELETED>
<DELETED> (6) assistance to governments and organizations in
developing countries seeking to design and implement laws,
regulations, and programs to improve working conditions for
women and to facilitate their entry into and advancement in the
workplace;</DELETED>
<DELETED> (7) training and education to women in 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;</DELETED>
<DELETED> (8) capacity-building for women entrepreneurs,
including microentrepreneurs, on production strategies, quality
standards, formation of cooperatives, market research, and
market development;</DELETED>
<DELETED> (9) capacity-building to women, including poor
women, to promote diversification of products and value-added
processing;</DELETED>
<DELETED> (10) 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 respective
needs and priorities of a country's poor women and
men;</DELETED>
<DELETED> (11) training to local, indigenous 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 respective
needs and priorities of a country's poor women and men;
and</DELETED>
<DELETED> (12) technical assistance and capacity-building to
local, indigenous civil society for--</DELETED>
<DELETED> (A) local indigenous women's organizations
to the maximum extent practicable; and</DELETED>
<DELETED> (B) nongovernmental organizations and
regulated financial intermediaries that demonstrate a
commitment to gender equity in their leadership either
through current practice or through specific programs
to increase the representation of women in their
governance and management.</DELETED>
<DELETED>peacekeeping cap</DELETED>
<DELETED> Sec. 684. (a) In General.--Section 404(b)(2)(B) of the
Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, (22
U.S.C. 287e note) is amended at the end by adding the following: ``(v)
For assessments made during calendar year 2008, 27.1
percent.''.</DELETED>
<DELETED>limitation on basing in iraq</DELETED>
<DELETED> Sec. 685. None of the funds made available in this Act may
be used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.</DELETED>
<DELETED>prohibition on use of torture</DELETED>
<DELETED> Sec. 686. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.</DELETED>
<DELETED>report on indonesian cooperation</DELETED>
<DELETED> Sec. 687. Funds available under the heading
``INTERNATIONAL MILITARY EDUCATION AND TRAINING'' may only be made
available for assistance for Indonesia if the Secretary of State
submits a report to the Committees on Appropriations that
describes:</DELETED>
<DELETED> (1) Steps taken by the Indonesian government to
deny promotion to and to remove from service military officers
indicted for serious crimes; the extent to which the Indonesian
Government is cooperating with international efforts to bring
current and past officials to justice; and that past and
present Indonesian military officials are cooperating with
domestic inquiries into past abuses, including the forced
disappearance and killing of student activists in 1998 and
1999.</DELETED>
<DELETED> (2) The Indonesian government's response to the
report of the Commission for Reception, Truth and
Reconciliation in Timor-Leste and the June 2006 report of the
report to the Secretary-General of the Commission of Experts to
Review the Prosecution of Serious Violations of Human Rights in
Timor-Leste in 1999.</DELETED>
<DELETED> (3) Steps taken by the Indonesian government to
implement and enforce the 2004 Indonesian law which requires
the Indonesian military to divest itself of legal and illegal
businesses before 2009.</DELETED>
<DELETED> (4) The extent to which the Indonesian government
has removed restrictions impending access to and travel within
the provinces of Papua and West Irian Jaya by United Nations
personnel, diplomats, journalists, international non-
governmental organization personnel and researchers,
humanitarian and human rights workers and others.</DELETED>
<DELETED>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</DELETED>
<DELETED> Sec. 688. None of the funds made available in this Act for
the Department of State may be used to provide assistance to the
central government of a country which has notified the Department of
State of its refusal to extradite to the United States any individual
indicted in the United States for killing a law enforcement officer, as
specified in a United States extradition request.</DELETED>
<DELETED>governments that have failed to permit certain
extraditions</DELETED>
<DELETED> Sec. 689. None of the funds made available in this Act for
the Department of State, other than funds provided under the heading
``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT'', may be used to
provide assistance to the central government of a country with which
the United States has an extradition treaty and which government has
notified the Department of State of its refusal to extradite to the
United States any individual charged with a criminal offense for which
the maximum penalty is life imprisonment without the possibility of
parole.</DELETED>
<DELETED>international monetary fund budget and hiring
ceilings</DELETED>
<DELETED> Sec. 690. The Secretary of the Treasury shall instruct the
United States Executive Director at the International Monetary Fund to
use the voice of the United States to ensure that any loan, project,
agreement, memorandum, instrument, plan or other program of the
International Monetary Fund does not penalize countries for increased
government spending on healthcare or education by exempting such
increases from national budget caps or restraints, hiring or wage bill
ceilings or other limits imposed by the International Monetary
Fund.</DELETED>
<DELETED>environment programs</DELETED>
<DELETED> Sec. 691. (a) Funding.--Of the funds appropriated under
the heading ``DEVELOPMENT ASSISTANCE'', not less than $501,000,000
shall be made available for programs and activities which directly
protect biodiversity and promote clean energy.</DELETED>
<DELETED> (b) Climate Change Report.--Not later than 60 days after
the date on which the President's fiscal year 2009 budget request is
submitted to Congress, the President shall submit a report to the
Committees on Appropriations describing in detail the
following:</DELETED>
<DELETED> (1) All Federal agency obligations and
expenditures, domestic and international, for climate change
programs and activities in fiscal year 2009, 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.</DELETED>
<DELETED> (2) All fiscal year 2007 obligations and estimated
expenditures, fiscal year 2008 estimated expenditures and
estimated obligations, and fiscal year 2009 requested funds by
the United States Agency for International Development, by
country and central program, for each of the following--
</DELETED>
<DELETED> (A) to promote the transfer and deployment
of a wide range of United States clean energy and
energy efficiency technologies;</DELETED>
<DELETED> (B) to assist in the measurement,
monitoring, reporting, verification, and reduction of
greenhouse gas emissions;</DELETED>
<DELETED> (C) to promote carbon capture and
sequestration measures;</DELETED>
<DELETED> (D) to help meet such countries'
responsibilities under the Framework Convention on
Climate Change; and</DELETED>
<DELETED> (E) to develop assessments of the
vulnerability to impacts of climate change and
mitigation and adaptation response
strategies.</DELETED>
<DELETED> (c) Extraction of Natural Resources.--(1) The Secretary of
the Treasury shall inform the managements of the international
financial institutions and the public that it is the policy of the
United States that any assistance by such institutions (including but
not limited to any loan, credit, grant, or guarantee) for the
extraction and export of oil, gas, coal, timber, or other natural
resource should not be provided unless the government of the country
has in place or is taking the necessary steps to establish functioning
systems for--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) the independent auditing of such accounts and
the widespread public dissemination of the audits;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations describing, for each international
financial institution, the amount and type of assistance provided, by
country, for the extraction and export of oil, gas, coal, timber, or
other national resource since September 30, 2005.</DELETED>
<DELETED>uzbekistan</DELETED>
<DELETED> Sec. 692. Assistance may be provided to the central
Government of Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government of
Uzbekistan is making substantial and continuing progress in meeting its
commitments under the ``Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of Uzbekistan and the United
States of America'', including respect for human rights, establishing a
genuine multi-party system, and ensuring free and fair elections,
freedom of expression, and the independence of the media, and that a
credible international investigation of the May 31, 2005, shootings in
Andijan is underway with the support of the Government of Uzbekistan:
Provided, That for the purposes of this section ``assistance'' shall
include excess defense articles.</DELETED>
<DELETED>discrimination against minority religious faiths in the
russian federation</DELETED>
<DELETED> Sec. 693. None of the funds appropriated for assistance
under this Act may be made available for the Government of the Russian
Federation, after 180 days from the date of the enactment of this Act,
unless the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation has implemented no statute, executive order, regulation or
similar government action that would discriminate, or which has as its
principal effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms to
which the Russian Federation is a party.</DELETED>
<DELETED>war crimes in africa</DELETED>
<DELETED> Sec. 694. (a) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for Rwanda (ICTR) and
the Special Court for Sierra Leone (SCSL) to bring to justice
individuals responsible for war crimes and crimes against humanity in a
timely manner.</DELETED>
<DELETED> (b) Funds appropriated by this Act, including funds for
debt restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II of this
Act: Provided further, That the United States shall use its voice and
vote in the United Nations Security Council to fully support efforts by
ICTR and SCSL to bring to justice individuals indicted by such
tribunals in a timely manner.</DELETED>
<DELETED> (c) The prohibition in subsection (b) may be waived on a
country by country basis if the President determines that doing so is
in the national security interest of the United States: Provided, That
prior to exercising such waiver authority, the President shall submit a
report to the Committees on Appropriations, in classified form if
necessary, on--</DELETED>
<DELETED> (1) the steps being taken to obtain the
cooperation of the government in surrendering the indictee in
question to the court of jurisdiction;</DELETED>
<DELETED> (2) a strategy, including a timeline, for bringing
the indictee before such court; and</DELETED>
<DELETED> (3) the justification for exercising the waiver
authority.</DELETED>
<DELETED>combatting piracy of united states copyrighted
materials</DELETED>
<DELETED> Sec. 695. (a) Program Authorized.--The Secretary of State
may carry out a program of activities to combat piracy in countries
that are not members of the Organization for Economic Cooperation and
Development (OECD), including activities as follows:</DELETED>
<DELETED> (1) The provision of equipment and training for
law enforcement, including in the interpretation of
intellectual property laws.</DELETED>
<DELETED> (2) The provision of training for judges and
prosecutors, including in the interpretation of intellectual
property laws.</DELETED>
<DELETED> (3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.</DELETED>
<DELETED> (b) Consultation With World Intellectual Property
Organization.--In carrying out the program authorized by subsection
(a), the Secretary shall, to the maximum extent practicable, consult
with and provide assistance to the World Intellectual Property
Organization in order to promote the integration of countries described
in subsection (a) into the global intellectual property
system.</DELETED>
<DELETED> (c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT'', $5,000,000 may be made available in fiscal year 2008 for
the program authorized by subsection (a).</DELETED>
<DELETED>oversight of iraq reconstruction</DELETED>
<DELETED> Sec. 696. (a) Section 3001 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1238; 5 U.S.C. App.,
note to section 8G of Public Law 95-452), as amended by section 1054(b)
of the John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364; 120 Stat. 2397), section 2 of the Iraq
Reconstruction Accountability Act of 2006 (Public Law 109-440), and
section 3801 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) is amended--</DELETED>
<DELETED> (1) in subsection (h)(1) by striking ``pay
rates.'' and inserting ``pay rates, and may exercise the
authorities of subsections (b) through (i) of section 3161 of
title 5, United States Code (without regard to subsection (a)
of such section).'';</DELETED>
<DELETED> (2) in subsection (o)(1)(B) by striking ``fiscal
year 2006 or fiscal year 2007'' and inserting ``fiscal years
2006 through 2008''; and</DELETED>
<DELETED> (3) by adding at the end of such section the
following subsection:</DELETED>
<DELETED> ``(p) Rule of Construction.--For the purposes of carrying
out the duties of the Inspector General, any United States funds
appropriated or otherwise made available for fiscal years 2006 through
2008 for the reconstruction of Iraq, irrespective of the designation of
such funds, shall be deemed to be amounts appropriated or otherwise
made available to the Iraq Relief and Reconstruction Fund.''.</DELETED>
<DELETED> (b) Section 1054(a) of Public Law 109-364 is amended by
striking ``fiscal year 2006'' and inserting ``fiscal years 2006 through
2008''.</DELETED>
<DELETED>united nations headquarters renovation</DELETED>
<DELETED> Sec. 697. It is the sense of the Congress that the amount
of any loan for the renovation of the United Nations headquarters
building located in New York, New York, should not exceed $600,000,000:
Provided, That if any loan exceeds $600,000,000, the Secretary of State
shall notify the Congress of the current cost of the renovation and
cost containment measures.</DELETED>
<DELETED>neglected diseases</DELETED>
<DELETED> Sec. 698. Of the funds appropriated under the heading
``Child Survival and Health Programs Fund'', not less than $18,000,000
shall be made available to support an integrated response to the
control of neglected diseases including intestinal parasites,
schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and
leprosy: Provided, That the Administrator of the United States Agency
for International Development shall consult with the Committees on
Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the specific
diseases, recipient countries, donor countries, the private sector,
UNICEF and the World Health Organization: (1) on the most effective
uses of such funds to demonstrate the health and economic benefits of
such an approach; and (2) to develop a multilateral, integrated
initiative to control these diseases that will enhance coordination and
effectiveness and maximize the leverage of United States contributions
with those of other donors: Provided further, That funds made available
pursuant to this section shall be subject to the regular notification
procedures of the Committees on Appropriations.</DELETED>
<DELETED>assistance for egypt</DELETED>
<DELETED> Sec. 699. (a) Foreign Military Financing Program.--Of the
funds appropriated by this Act for Egypt under the heading ``FOREIGN
MILITARY FINANCING PROGRAM'', $200,000,000 shall not be made available
for obligation until the Secretary of State certifies and reports to
the Committees on Appropriations that the Government of Egypt has taken
concrete and measurable steps to--</DELETED>
<DELETED> (1) enact and implement a new judicial authority
law that protects the independence of the judiciary;</DELETED>
<DELETED> (2) review criminal procedures and train police
leadership in modern policing to curb police abuses;
and</DELETED>
<DELETED> (3) detect and destroy the smuggling network and
smuggling tunnels that lead from Egypt to Gaza.</DELETED>
<DELETED>relief for the hmong and montagnards</DELETED>
<DELETED> Sec. 699A. Section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), is amended by adding at the
end the following new clause: ``Clause (vi) shall not apply to the
Hmong or Montagnards on the basis of any act or event occurring in or
before 1975''.T</DELETED>
<DELETED> Section 212(a)(3)(B)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended by striking
``Subclause (VII)'' and replacing it with ``Subclause (IX)''.</DELETED>
<DELETED>report on anti-corruption activities</DELETED>
<DELETED> Sec. 699B. (a) Report Required.--Not later than May 1,
2008, the Secretary of State, in consultation with the Administrator of
the United States Agency for International Development and the Chief
Executive Officer of the Millennium Challenge Corporation, shall submit
to Committees on Appropriations a report on the level of corruption in
each country that receives assistance in this Act under the heading
``Development Assistance'', ``Assistance for Eastern Europe and the
Baltic States'', or ``Assistance for the States of the Former Soviet
Union''.</DELETED>
<DELETED> (b) Matters To Be Included.--The report required by
subsection (a) shall--</DELETED>
<DELETED> (1) assess the level of corruption in each
country's political, economic, and judicial sectors, including
detailed information regarding specific acts of
corruption;</DELETED>
<DELETED> (2) assess the extent to which recent elections in
each country have been free and fair;</DELETED>
<DELETED> (3) include information regarding steps each
country has taken to combat corruption;</DELETED>
<DELETED> (4) describe at the program, project, and activity
level how the United States assistance is designed to
strengthen anti-corruption activities in each country,
including specific outcome goals and objectives; and</DELETED>
<DELETED> (5) include an identification of countries that
the Secretary of State determines require special scrutiny for
fiscal year 2009, including an identification of countries that
the Secretary determines are not making significant efforts to
comply with minimum standards for anti-corruption
activities.</DELETED>
<DELETED> (c) Methodology.--Not later than September 30, 2007, the
Secretary of State shall provide to the Committees on Appropriations a
detailed description of--</DELETED>
<DELETED> (1) the methodology for assessing the level of
corruption in each country for purposes of preparing the report
required by subsection (a) and for evaluating each country's
annual progress in fighting corruption; and</DELETED>
<DELETED> (2) the indicators upon which the Secretary will
make such assessments.</DELETED>
<DELETED>programs to improve democracy, the rule of law, and governance
in iran</DELETED>
<DELETED> Sec. 699C. Of the funds appropriated in this Act,
$50,000,000 should be made available for programs to improve democracy,
the rule of law, and governance in Iran.</DELETED>
<DELETED> Sec. 699D. None of the funds made available in this Act
may be used for negotiating the participation of additional countries
under the visa waiver program described in section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187).</DELETED>
<DELETED>limitation on use of funds relating to restrictions on
relations with taiwan</DELETED>
<DELETED> Sec. 699E. None of the funds made available in this Act
may be used to enforce any of the provisions in the Memorandum to all
Department and Agency Executive Secretaries dated, February 2, 2001,
and entitled ``Guidelines on Relations With Taiwan''.</DELETED>
<DELETED> Sec. 699F. None of the funds made available in this Act
may be used to carry out the diversity visa program under sections
201(e), 203(c), or 204(a)(1)(I) of the Immigration and Nationality Act
(8 U.S.C. 1151(e), 1153(c), and 1154(a)(1)(I)).</DELETED>
<DELETED> Sec. 699G. None of the funds made available in this Act
may be expended in violation of section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing granting
visas to nationals of countries denying or delaying accepting aliens
removed from the United States).</DELETED>
<DELETED> Sec. 699H. None of the funds made available in this Act
may be used to purchase light bulbs for operations in the United States
unless the light bulbs have the ``ENERGY STAR'' or ``Federal Energy
Management Program'' designation.</DELETED>
<DELETED> Sec. 699I. None of the funds made available in this Act
under the heading ``Economic Support Fund'' may be made available for
Ethiopia.</DELETED>
<DELETED> Sec. 699J. None of the funds made available in this Act
may be used by the Department of State as a contribution for the United
Nations Human Rights Council.</DELETED>
<DELETED> Sec. 699K. None of the funds made available in this Act
may be used to provide an immigrant or nonimmigrant visa to a national
or citizen of a country with which the United States maintains
diplomatic relations and the central government of which has notified
the Secretary of State of its refusal to extradite to the United States
any individual indicted in the United States for killing a law
enforcement officer, as specified in a United States extradition
request.</DELETED>
<DELETED> Sec. 699L. None of the funds made available in this Act
may be used for the International Seabed Authority or the Enterprise of
the International Seabed Authority.</DELETED>
<DELETED> Sec. 699M. None of the funds made available in this Act
may be used to send or otherwise pay for the attendance of more than 50
employees from a Federal department or agency at any single conference
occurring outside the United States.</DELETED>
<DELETED>prohibition against assistance to saudi arabia</DELETED>
<DELETED> Sec. 699N. None of the funds appropriated or otherwise
made available pursuant to this Act--</DELETED>
<DELETED> (1) shall be obligated or expended to finance any
assistance to Saudi Arabia; or</DELETED>
<DELETED> (2) shall be used to execute a waiver of section
571 or 614 of the Foreign Assistance Act of 1961 (22 U.S.C.
2349aa or 2364) with regard to assistance to Saudi
Arabia.</DELETED>
<DELETED> Sec. 699O. None of the funds made available in this Act
may be used to provide direct aid to the Palestinian Authority, except
as otherwise provided by existing law.</DELETED>
<DELETED> This Act may be cited as ``The Department of State,
Foreign Operations and Related Programs Appropriations Act,
2008''.</DELETED>
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2008, and for other purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, including employment, without
regard to civil service and classification laws, of persons on a
temporary basis (not to exceed $700,000 of this appropriation), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948; representation to certain
international organizations in which the United States participates
pursuant to treaties ratified pursuant to the advice and consent of the
Senate or specific Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange or
purchase of passenger motor vehicles as authorized by law; and for
expenses of general administration, $3,820,375,000: Provided, That of
the amount made available under this heading, not to exceed $10,000,000
may be transferred to and merged with ``Emergencies in the Diplomatic
and Consular Service'', to be available only for emergency evacuations
and terrorism rewards: Provided further, That of the funds appropriated
under this heading, $8,131,000 shall be available for the Office of the
Director of United States Foreign Assistance and $1,000,000 shall not
be obligated until consultations with the Congress, arising from the
report submitted pursuant to section 653(a) of the Foreign Assistance
Act of 1961, have been completed: Provided further, That of the amount
made available under this heading, not less than $364,905,000 shall be
available only for public diplomacy international information programs:
Provided further, That of the funds made available under this heading,
$5,000,000 shall be made available for a demonstration program to
expand access to consular services: Provided further, That of the funds
made available under this heading, $40,000,000 shall be made available
for passport operations, facilities, and systems: Provided further,
That the funds appropriated by the previous proviso shall be in
addition to amounts otherwise made available for such purposes:
Provided further, That during fiscal year 2008, foreign service
annuitants may be employed, notwithstanding section 316.401 of title 5,
Code of Federal Regulations, pursuant to waivers under section
824(g)(1)(C)(ii) of the Foreign Service Act of 1980 (22 U.S.C.
4064(g)(1)(C)(ii)): Provided further, That of the funds made available
under this heading in this Act and in prior Acts making appropriations
for the Department of State, foreign operations, export financing and
related programs, up to $200,000,000 may be transferred to, and merged
with, funds appropriated under the heading ``Millennium Challenge
Corporation'', subject to section 615 of this Act: Provided further,
That of the funds appropriated under this heading, $6,000,000 shall be
made available for the Ambassador's Fund for Cultural Preservation of
which $1,500,000 shall be for grants of not less than $500,000 for
significant historic preservation projects: Provided further, That
there shall be one additional senior permanent position at United
States Embassy Moscow whose sole responsibilities shall be to monitor
human rights and the implementation of Russian laws relating to
nongovernmental organizations, communicate United States support for
human rights defenders and journalists who are harassed and arrested,
and support the work of civil society groups: Provided further, That
funds available under this heading may be made available for a United
States Government interagency task force to examine, coordinate and
oversee United States participation in the United Nations headquarters
renovation project: Provided further, That funds appropriated under
this heading are available, pursuant to 31 U.S.C. 1108(g), for the
field examination of programs and activities in the United States
funded from any account in this title.
In addition, not to exceed $1,558,390 shall be derived from fees
collected from other executive agencies for lease or use of facilities
located at the International Center in accordance with section 4 of the
International Center Act; in addition, as authorized by section 5 of
such Act, $490,000, to be derived from the reserve authorized by that
section, to be used for the purposes set out in that section; in
addition, as authorized by section 810 of the United States Information
and Educational Exchange Act, not to exceed $6,000,000, to remain
available until expended, may be credited to this appropriation from
fees or other payments received from English teaching, library, motion
pictures, and publication programs and from fees from educational
advising and counseling and exchange visitor programs; and, in
addition, not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security protection,
$909,598,000, to remain available until expended.
capital investment fund
For necessary expenses of the Capital Investment Fund, $63,743,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$35,508,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $509,482,000, to remain available until expended: Provided,
That not to exceed $5,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized:
Provided further, That of the funds available under this heading up to
$2,000,000 may be made available to the Senator Paul Simon Study Abroad
Foundation, subject to authorization: Provided further, That if a
majority of the Board of Directors of such Foundation is not confirmed
by the Senate by August 1, 2008, the Secretary shall provide $1,000,000
of such funds to the Benjamin A. Gilman International Scholarship
Program and $1,000,000 shall be provided to the Fulbright Program to
augment existing study abroad programs.
representation allowances
For representation allowances as authorized, $8,175,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$14,000,000, to remain available until September 30, 2009.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $792,534,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $649,278,000, to remain
available until expended.
emergencies in the diplomatic and consular service
(including transfer of funds)
For expenses necessary to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$9,000,000, only for emergency evacuations and terrorism rewards, to
remain available until expended, of which not to exceed $1,000,000 may
be transferred to and merged with the ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $678,000, as authorized: 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.
In addition, for administrative expenses necessary to carry out the
direct loan program, $607,000, which may be transferred to and merged
with ``Diplomatic and Consular Programs''.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $16,351,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized by law, $158,900,000.
International Organizations
contributions to international organizations
For expenses, not otherwise provided for, necessary to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,374,400,000, to
remain available until September 30, 2009: Provided, That the Secretary
of State shall, at the time of the submission of the President's budget
to Congress under section 1105(a) of title 31, United States Code,
transmit to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the United
Nations: Provided further, That the Secretary of State shall notify the
Committees on Appropriations at least 15 days in advance (or in an
emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without
identifying an offsetting decrease elsewhere in the United Nations
budget and cause the United Nations budget for the biennium 2008-2009
to exceed the revised United Nations budget level for the biennium
2006-2007 of $4,173,895,900: Provided further, That any payment of
arrearages under this title shall be directed toward activities that
are mutually agreed upon by the United States and the respective
international organization: Provided further, That none of the funds
appropriated in this paragraph shall be available for a United States
contribution to an international organization for the United States
share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,352,000,000, of
which 15 percent shall remain available until September 30, 2009:
Provided, That at least 15 days in advance of voting in the United
Nations Security Council (or in an emergency as far in advance as is
practicable) for any new or expanded United Nations peacekeeping
mission, the Secretary of State shall, with regard to any new or
expanded mission, notify the Committees on Appropriations and other
appropriate Committees of the Congress of its estimated cost and
duration, the United States national interest that will be served, the
planned exit strategy, the specific measures the United Nations is
taking to prevent United Nations employees, contractor personnel, and
peacekeeping forces serving in any such mission from trafficking in
persons, exploiting victims of trafficking, or committing acts of
illegal sexual exploitation, and to hold accountable individuals who
engage in such acts while participating in the peacekeeping mission;
and a notification of funds pursuant to section 615 of this Act is
submitted, and the procedures therein followed, setting forth the
source of funds that will be used to pay for the cost of the new or
expanded mission: Provided further, That funds shall be available for
peacekeeping expenses only after a determination by the Secretary of
State that American manufacturers and suppliers are being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $30,430,000.
construction
For detailed plan preparation and construction of authorized
projects, $88,425,000, to remain available until expended, as
authorized, of which, $100,000 may be made available to repair,
relocate, or replace fencing along the international border between the
United States and Mexico: Provided, That of the funds appropriated
under this heading, up to $400,000 should be made available for the
repair or replacement of the Nogales Wash Flood Control Project and
International Outfall Interceptor, of which up to $66,000,000 shall be
made available only for construction in the United States of secondary
wastewater treatment capability.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and for the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$11,250,000, of which not to exceed $9,000 shall be available for
representation expenses incurred by the International Joint Commission.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $27,054,000: Provided,
That the United States' share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324: Provided further,
That funds appropriated under this heading shall be available for
programs in the amounts contained in the table included in the report
accompanying this Act and no proposal for deviation from those amounts
shall be considered.
Other
payment to the asia foundation
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $16,000,000, to remain available until
expended, as authorized.
center for middle eastern-western dialogue trust fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, the total amount of the interest and earnings
accruing to such Fund on or before September 30, 2008, to remain
available until expended.
eisenhower exchange fellowship program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2008, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship Program as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2008, to remain available until expended.
east-west center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$20,000,000: Provided, That none of the funds appropriated herein shall
be used to pay any salary, or enter into any contract providing for the
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.
RELATED AGENCIES
Broadcasting Board of Governors
international broadcasting operations
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international communication
activities, including the purchase, rent, construction, and improvement
of facilities for radio and television transmission and reception and
purchase, lease, and installation and operation of necessary equipment,
including aircraft, for radio and television transmission and reception
to Cuba, and to make and supervise grants for radio and television
broadcasting to the Middle East, $662,727,000: Provided, That of the
total amount in this heading, not to exceed $16,000 may be used for
official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as authorized, and
not to exceed $39,000 may be used for official reception and
representation expenses of Radio Free Europe/Radio Liberty; and in
addition, notwithstanding any other provision of law, not to exceed
$2,000,000 in receipts from advertising and revenue from business
ventures, not to exceed $500,000 in receipts from cooperating
international organizations, and not to exceed $1,000,000 in receipts
from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio transmission and reception, and purchase and installation of
necessary equipment for radio and television transmission and reception
as authorized, $10,748,000, to remain available until expended, as
authorized.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $499,000, as authorized by section 1303 of
Public Law 99-83.
Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292),
$3,000,000, to remain available until September 30, 2009.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $2,037,000,
to remain available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized, $2,000,000, including
not more than $3,000 for the purpose of official representation, to
remain available until September 30, 2009.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, $2,962,000, including not more than $3,000
for the purpose of official representation, to remain available until
September 30, 2008: Provided, That funds appropriated under this
heading shall only be available for obligation in accordance with a
spending plan submitted to the Committees on Appropriations which
effectively addresses the recommendations of the Government
Accountability Office's audit of the Commission: Provided further, That
the Commission shall provide to the Committees on Appropriations a
quarterly accounting of the cumulative balances of any unobligated
funds that were received by the Commission during any previous fiscal
year.
United States Senate-China Interparliamentary Group
salaries and expenses
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of the
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
99; 118 Stat. 448), $150,000, to remain available until September 30,
2009.
United States Institute of Peace
operating expenses
For necessary expenses of the United States Institute of Peace as
authorized in the United States Institute of Peace Act, $25,000,000, to
remain available until September 30, 2009.
GENERAL PROVISIONS--THIS TITLE
allowances and differentials
Sec. 101. Funds appropriated under this Act shall be available,
except as otherwise provided, for allowances and differentials as
authorized by subchapter 59 of title 5, United States Code; for
services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 102. The Department of State and the Broadcasting Board of
Governors shall provide to the Committees on Appropriations a quarterly
accounting of the cumulative balances of any unobligated funds that
were received by such agency during any previous fiscal year.
embassy construction
Sec. 103. (a) Except as provided in subsection (b), a project to
construct a diplomatic facility of the United States may not include
office space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that such
department or agency has not provided to the Department of State the
full amount of funding required by subsection (e) of section 604 of the
Secure Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act; 113 Stat. 1501A-453), as amended
by section 629 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the Marine Corps.
peacekeeping missions
Sec. 104. None of the funds made available under title I of this
Act may be used for any United Nations undertaking when it is made
known to the Federal official having authority to obligate or expend
such funds that: (1) the United Nations undertaking is a peacekeeping
mission; (2) such undertaking will involve United States Armed Forces
under the command or operational control of a foreign national; and (3)
the President's military advisors have not submitted to the President a
recommendation that such involvement is in the national security
interests of the United States and the President has not submitted to
the Congress such a recommendation.
denial of visas
Sec. 105. (a) None of the funds appropriated or otherwise made
available under this Act shall be expended for any purpose for which
appropriations are prohibited by section 616 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2008.
united states citizens born in jerusalem
Sec. 106. For the purposes of registration of birth, certification
of nationality, or issuance of a passport of a United States citizen
born in the city of Jerusalem, the Secretary of State shall, upon
request of the citizen, record the place of birth as Israel.
state department authorities
Sec. 107. Funds appropriated under this Act for the Broadcasting
Board of Governors and the Department of State may be obligated and
expended notwithstanding section 15 of the State Department Basic
Authorities Act of 1956, section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
414(a)(1)).
restriction on contributions to the united nations
Sec. 108. None of the funds appropriated or otherwise made
available under any title of this Act may be made available to make any
assessed contribution or voluntary payment of the United States to the
United Nations if the United Nations implements or imposes any taxation
on any United States persons.
personnel actions
Sec. 109. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 615 of title VI of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
restrictions on united nations delegations
Sec. 110. None of the funds made available in this Act may be used
to pay expenses for any United States delegation to any specialized
agency, body, or commission of the United Nations if such commission is
chaired or presided over by a country, the government of which the
Secretary of State has determined, for purposes of section 6(j)(1) of
the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has
provided support for acts of international terrorism.
palestinian broadcasting corporation
Sec. 111. None of the funds appropriated or otherwise made
available in this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
attendance at international conferences
Sec. 112. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of agencies or departments of the United States Government who are
stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State
determines that such attendance is in the national interest: Provided,
That for purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the United
States Government and representatives of foreign governments,
international organizations, or nongovernmental organizations.
peacekeeping assessment
Sec. 113. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, as amended (22 U.S.C.
287e note) is further amended at the end by adding the following:
``(v) For assessments made during calendar year 2008, 27.1
percent.''
alhurra broadcasting
Sec. 114. Funds appropriated by this Act, and any subsequent
emergency supplemental appropriations Act for fiscal year 2008, may be
made available for the programs and activities of Alhurra only if the
Secretary of State certifies and reports to the Committees on
Appropriations that Alhurra does not advocate on behalf of any
organization that the Secretary knows, or has reason to believe,
engages in terrorist activities.
Sec. 115. Commission Financial Management. (a) Term Limits.--
Section 1238(b)(3) of Public Law 106-398 is amended by striking
subparagraph (G) and inserting the following:
``(G) a member of the Commission may not be
reappointed for an additional term of service if that
member has twice been appointed to the Commission;
and''.
(b) Requirement for Performance Reviews.--The United States-China
Economic and Security Review Commission shall comply with chapter 43 of
title 5, United States Code, regarding the establishment and regular
review of employee performance appraisals.
(c) Limitation on Cash Awards.--The United States-China Economic
and Security Review Commission shall comply with section 4505a of title
5, United States Code, with respect to limitations on payment of
performance-based cash awards.
(d) Annual Financial Audit.--The Commission shall provide to
Congress an annual comprehensive independent financial audit of all
obligations and expenditures, not later than June 30 each year
hereafter.
commission on security and cooperation in europe
Sec. 116. (a) The amount appropriated or otherwise made available
by this title under the heading ``Commission on Security and
Cooperation in Europe'' is hereby increased by $333,000.
(b) The amount appropriated or otherwise made available by this
title for the Department of State under the heading ``diplomatic and
consular programs'' is hereby reduced by $333,000.
cooperation with the government of mexico
Sec. 117. (a) Cooperation Regarding Border Security.--The Secretary
of State, in cooperation with the Secretary of Homeland Security and
representatives of Federal, State, and local law enforcement agencies
that are involved in border security and immigration enforcement
efforts, should work with the appropriate officials from the Government
of Mexico to improve coordination between the United States and Mexico
regarding--
(1) improved border security along the international border
between the United States and Mexico;
(2) the reduction of human trafficking and smuggling
between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between
the United States and Mexico;
(4) the reduction of gang membership in the United States
and Mexico;
(5) the reduction of violence against women in the United
States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--The
Secretary of State, in cooperation with other appropriate Federal
officials, should work with the appropriate officials from the
Government of Mexico to carry out activities to educate citizens and
nationals of Mexico regarding eligibility for status as a nonimmigrant
under Federal law to ensure that the citizens and nationals are not
exploited while working in the United States.
(c) Cooperation Regarding Circular Migration.--The Secretary of
State, in cooperation with the Secretary of Labor and other appropriate
Federal officials, should work with the appropriate officials from the
Government of Mexico to improve coordination between the United States
and Mexico on the development of economic opportunities and providing
job training for citizens and nationals in Mexico.
(d) Annual Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations describing the actions taken by the
United States and Mexico pursuant to this section.
report regarding use of levees
Sec. 118. Not later than 90 days after the date of enactment of
this Act, the United States Commissioner of the International Boundary
and Water Commission, in cooperation and coordination with the
Secretary of Homeland Security and the Chief of Engineers of the United
States Army Corps of Engineers, shall submit to Congress a report
regarding the use by U.S. Customs and Border Protection of flood
control levees under the control of the International Boundary and
Water Commission, which shall--
(1) discuss the purpose and importance of--
(A) any such use of such levees ongoing on the date
of enactment of this Act; and
(B) any anticipated such use of such levees after
the date of enactment of this Act;
(2) describe the frequency and means of, and approximate
number of officers and employees of the U.S. Customs and Border
Protection who, access such levees;
(3) describe the level of degradation of such levees as a
result of such use; and
(4) identify any formal agreements that may be needed
between the Department of Homeland Security and the
International Boundary and Water Commission or the Department
of State to ensure needed access to such levees.
department of state inspector general
Sec. 119. (a) Link to Office of Inspector General From Homepage of
Department of State.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall establish and
maintain on the homepage of the Internet website of the Department of
State a direct link to the Internet website of the Office of Inspector
General of the Department of State.
(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not later than
30 days after the date of the enactment of this Act, the Inspector
General of the Department of State shall establish and maintain on the
homepage of the Internet website of the Office of Inspector General a
mechanism by which individuals can anonymously report cases of waste,
fraud, or abuse with respect to the Department of State.
consular operations
Sec. 120. (a) The Secretary of State shall establish visa
processing facilities in Iraq within 180 days of enactment of this Act
in which aliens may apply and interview for admission to the United
States.
(b) The Secretary of State shall report to the Congress no later
than 30 days after enactment of this Act on funding and security
requirements for consular operations in Iraq in fiscal year 2008.
references
Sec. 121. Except as otherwise provided in this title, any reference
in this title to ``this Act'' shall be deemed to be a reference only to
title I.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
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, 2009.
loans program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2008: Provided further, That 10 percent of
the aggregate loan, guarantee, and insurance authority available to the
Export-Import Bank under this or any prior Act should be used for
renewable energy and environmentally beneficial products and services.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, $68,000,000, to remain available until September 30,
2011: 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, 2026, for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal years
2008, 2009, 2010, and 2011: Provided further, That none of the funds
appropriated by this Act or any prior Act appropriating funds for
foreign operations, export financing, and related programs for tied-aid
credits or grants may be used for any other purpose except through the
regular notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import Bank Act
of 1945, in connection with the purchase or lease of any product by any
Eastern European country, any Baltic State or any agency or national
thereof.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, $78,000,000: Provided, That the Export-Import Bank
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 2008.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in
an amount not to exceed the amount appropriated herein, shall be
credited as offsetting collections to this account: Provided, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as to result
in a final fiscal year appropriation from the General Fund estimated at
$0: Provided further, That amounts collected in fiscal year 2008 in
excess of obligations, up to $50,000,000, shall become available
October 1, 2008 and shall remain available until September 30, 2011.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $47,500,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $21,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Non-Credit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2008, 2009, and 2010:
Provided further, That funds so obligated in fiscal year 2008 remain
available for disbursement through 2016; funds obligated in fiscal year
2009 remain available for disbursement through 2017; funds obligated in
fiscal year 2010 remain available for disbursement through 2018:
Provided further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to undertake any
program authorized by title IV of the Foreign Assistance Act of 1961 in
Iraq: Provided further, That funds made available pursuant to the
authority of the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
Funds Appropriated to the President
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $50,400,000, to remain available
until September 30, 2009.
TITLE III
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, 2008, unless
otherwise specified herein, as follows:
global health programs
(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 global
health activities, in addition to funds otherwise available for such
purposes, $6,621,425,000, to remain available until September 30, 2009:
Provided, That this amount shall be made available for such activities
as: (1) child survival programs; (2) immunization and oral rehydration
programs; (3) other 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:
$450,000,000 for child survival and maternal health; $15,000,000 for
vulnerable children; $724,675,000 for other infectious diseases,
including $200,000,000 for tuberculosis control, of which $15,000,000
shall be used for the Global TB Drug Facility; and $395,000,000 for
family planning/reproductive health, including in areas where
population growth threatens biodiversity or endangered species:
Provided further, That of the funds appropriated under this heading,
$75,000,000 should be made available for a United States contribution
to The GAVI Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading ``Operating
Expenses of the United States Agency for International Development''
for costs directly related to global health, but funds made available
for such costs may not be derived from amounts made available for
contribution under this and preceding provisos: Provided further, That
none of the funds made available in this Act nor any unobligated
balances from prior appropriations may be made available to any
organization or program which, as determined by the President,
supports, or participates in the management of, a program of coercive
abortion or involuntary sterilization: Provided further, That none of
the funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate
or coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any existing
statutory prohibitions against abortion under section 104 of the
Foreign Assistance Act of 1961: Provided further, That none of the
funds made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only for
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range of
family planning methods and services with proven effectiveness, and
that any such voluntary family planning project shall meet the
following requirements: (1) service providers or referral agents in the
project shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the Administrator of the United
States Agency for International Development determines that there has
been a violation of the requirements contained in paragraph (1), (2),
(3), or (5) of this proviso, or a pattern or practice of violations of
the requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations a report
containing a description of such violation and the corrective action
taken by the Agency: Provided further, That in awarding grants for
natural family planning under section 104 of the Foreign Assistance Act
of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or appropriating
funds for foreign operations, export financing, and related programs,
the term ``motivate'', as it relates to family planning assistance,
shall not be construed to prohibit the provision, consistent with local
law, of information or counseling about all pregnancy options: Provided
further, That to the maximum extent practicable, taking into
consideration cost, timely availability, and best health practices,
funds appropriated in this Act or prior appropriations Acts that are
made available for condom procurement should be made available only for
the procurement of condoms manufactured in the United States: Provided
further, That information provided about the use of condoms as part of
projects or activities that are funded from amounts appropriated by
this Act shall be medically accurate and shall include the public
health benefits and failure rates of such use.
Of the funds appropriated under this heading, for necessary
expenses to carry out the provisions of the Foreign Assistance Act of
1961 for the prevention, treatment, and control of, and research on,
HIV/AIDS, including for children displaced or orphaned by AIDS,
$5,050,000,000, to remain available until expended, of which
$550,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum rate
necessary to make timely payment for projects and activities: Provided,
That up to 5 percent of the aggregate amount of funds made available to
the Global Fund in fiscal year 2008 may be made available to the United
States Agency for International Development for technical assistance
related to the activities of the Global Fund: Provided further, That of
the funds appropriated by this paragraph, up to $13,000,000 may be made
available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the Global AIDS
Coordinator: Provided further, That the Global AIDS Coordinator shall
include in each country operational plan for fiscal year 2008 a health
workforce strategy for meeting HIV/AIDS goals without reducing the
capacity of the country to meet other health needs, particularly child
survival and maternal health: Provided further, That of the funds
appropriated by this paragraph, not less than $45,000,000 shall be made
available to support the development of microbicides as a means for
combating HIV/AIDS, and not less than $40,000,000 shall be made
available for a United States contribution to UNAIDS: Provided further,
That funds made available under this heading shall be made available
notwithstanding the second sentence of section 403(a) of Public Law
108-25.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, and sections 251 through 255, and chapter 10 of part I of the
Foreign Assistance Act of 1961, $1,455,000,000, to remain available
until September 30, 2009: Provided, That of the funds appropriated
under this heading that are made available for assistance programs for
displaced and orphaned children and victims of war, not to exceed
$43,000, in addition to funds otherwise available for such purposes,
may be used to monitor and provide oversight of such programs: Provided
further, That of the funds appropriated by this Act, not less than
$250,000,000 shall be made available for microenterprise and
microfinance development programs for the poor, especially women:
Provided further, That of the funds appropriated under this heading,
not less than $29,000,000 shall be made available for Collaborative
Research Support Programs: Provided further, That of the funds
appropriated under this heading, $750,000 shall be made available to
implement 7 U.S.C. section 1736g-2(a)(2)(C) to improve food aid product
quality and nutrient delivery: Provided further, That of the funds
appropriated under this heading, not less than $22,000,000 should be
made available for the American Schools and Hospitals Abroad program:
Provided further, That of the funds appropriated under this heading,
$12,000,000 should be made available for cooperative development
programs within the Office of Private and Voluntary Cooperation:
Provided further, That of the funds appropriated in this Act, not less
than $300,000,000 shall be made available for safe drinking water and
sanitation supply projects only to implement the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109-121), of which not less
than $125,000,000 should be made available for such projects in Africa
including drilling wells in northern Niger, Mali and elsewhere in the
African Sahel region.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $322,350,000, to
remain available until expended, of which $20,000,000 should be for
famine prevention and relief.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,000,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the President
determines that it is important to the national interests of the United
States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$21,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That such funds
shall be made available only for micro and small enterprise programs,
urban programs, and other programs which further the purposes of part I
of the Act: Provided further, That such costs, including the cost of
modifying such direct and guaranteed loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That funds made available by this paragraph may be
used for the cost of modifying any such guaranteed loans under this Act
or prior Acts, and funds used for such costs shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit Authority) of
the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
1486 as reported by the House Committee on International Relations on
May 9, 1997, shall be applicable to direct loans and loan guarantees
provided under this heading: Provided further, That these funds are
available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,920,000, which may be transferred to and merged with
the appropriation for Operating Expenses of the United States Agency
for International Development: Provided, That funds made available
under this heading shall remain available until September 30, 2010.
operating expenses of the united states agency for international
development
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $645,700,000, of which up to
$25,000,000 may remain available until September 30, 2009: Provided,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' may be made available to finance
the construction (including architect and engineering services),
purchase, or long-term lease of offices for use by the United States
Agency for International Development, unless the Administrator has
identified such proposed construction (including architect and
engineering services), purchase, or long-term lease of offices in a
report submitted to the Committees on Appropriations at least 15 days
prior to the obligation of these funds for such purposes: Provided
further, That the previous proviso shall not apply where the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed $1,000,000:
Provided further, That contracts or agreements entered into with funds
appropriated under this heading may entail commitments for the
expenditure of such funds through fiscal year 2009: Provided further,
That any decision to open a new overseas mission or office of the
United States Agency for International Development or, except where
there is a substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such mission or
office, shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to
carry out chapter 1 of part I of such Act to ``Operating Expenses of
the United States Agency for International Development'' in accordance
with the provisions of those sections.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $90,508,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this heading, not to exceed $75,144,500 may be made available for the
purposes of implementing the Capital Security Cost Sharing Program.
operating expenses of the united states agency for international
development office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $38,000,000, to remain available
until September 30, 2009, which sum shall be available for the Office
of the Inspector General of the United States Agency for International
Development.
Other Bilateral Economic Assistance
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $3,015,000,000, to
remain available until September 30, 2009: Provided, That funds
appropriated under this heading that are available for Egypt shall be
provided with the understanding that Egypt will undertake significant
economic and democratic reforms which are additional to those which
were undertaken in previous fiscal years, including the benchmarks
accompanying the ``Financial Sector Reform Memorandum of
Understanding'' dated March 20, 2005: Provided further, That with
respect to the provision of assistance for Egypt for democracy, human
rights and governance activities, the organizations implementing such
assistance and the specific nature of that assistance shall not be
subject to the prior approval by the Government of Egypt: Provided
further, That of the funds appropriated under this heading that are
available for assistance for Egypt, not less than $15,000,000 should be
made available for democracy, human rights and governance programs and
not less than $50,000,000 should be used for education programs, of
which not less than $10,000,000 should be made available for
scholarships for Egyptian students with high financial need to attend
United States accredited institutions of higher education in Egypt:
Provided further, That funds appropriated under this heading that are
available for assistance for Cyprus should be used only for
scholarships, administrative support of the scholarship program,
bicommunal projects, and measures aimed at reunification of the island
and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus: Provided further, That of the
funds appropriated under this heading, $363,547,000 shall be made
available for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, $75,000,000 shall be made
available for assistance for the West Bank and Gaza, of which not to
exceed $2,000,000 may be used for administrative expenses of the United
States Agency for International Development, in addition to funds
otherwise available for such purposes, to carry out programs in the
West Bank and Gaza: Provided further, That of the funds appropriated
under this heading, not less than $30,000,000 shall be made available
for assistance for the Philippines and not less than $10,700,000 shall
be made available for assistance for Vietnam: Provided further, That
$45,000,000 of the funds appropriated under this heading shall be made
available for assistance for Lebanon, of which not less than
$10,000,000 should be made available for scholarships and direct
support of United States educational institutions in Lebanon, and of
which not less than $500,000 shall be made available to the United
States Forest Service for forest management and wildlife conservation
programs in Lebanon: Provided further, That of the funds appropriated
under this heading, not less than $5,000,000 shall be made available
for the fund established by section 2108 of Public Law 109-13: Provided
further, That of the funds appropriated under this heading, $3,000,000
shall be made available for programs to promote democracy and human
rights in North Korea: Provided further, That of the funds appropriated
under this heading for assistance for Cambodia, $15,000,000 shall be
made available to support, democracy, the rule of law, and human rights
in Cambodia, including assistance for democratic political parties:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this heading may be made available for
programs and activities in the Central Highlands of Vietnam: Provided
further, That of the funds appropriated under this heading for the
Middle East Partnership Initiative, not less than $5,000,000 shall be
made available to rescue Iraqi scholars: Provided further, That of the
funds appropriated under this heading that are available for assistance
for the Democratic Republic of Timor-Leste, up to $1,000,000 may be
available for administrative expenses of the United States Agency for
International Development in addition to amounts otherwise made
available for such purposes: Provided further, That of the funds
appropriated under this heading, not less than $12,000,000 shall be
made available for a United States contribution to the Special Court
for Sierra Leone, not less than $3,000,000 shall be made available for
a United States contribution to the Extractive Industries Transparency
Initiative Trust Fund, not less than $3,000,000 shall be made available
to support implementation of the Kimberley Process Certification Scheme
with an emphasis on support for regional efforts to combat cross-border
smuggling and for monitoring by civil society groups, not less than
$4,000,000 should be made available for a United States contribution to
the International Commission Against Impunity in Guatemala, not less
than $2,500,000 shall be made available for East Asia and Pacific
Environmental Initiatives, and not less than $5,000,000 shall be made
available for programs to protect biodiversity in Colombia's national
parks and indigenous reserves: Provided further, That funds
appropriated under this heading that are made available for a Middle
East Financing Facility, Middle East Enterprise Fund, or any other
similar entity in the Middle East shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading, not less
than $10,000,000 shall be made available for labor and environmental
capacity building activities relating to the free trade agreements with
the countries of Central America and the Dominican Republic: Provided
further, That of the funds appropriated under this heading, $45,700,000
should be made available to promote democracy in Cuba, and to assist
the pro-democracy movement in Cuba: Provided further, That of the funds
appropriated under this heading, not less than $10,000,000 should be
made available for (1) programs to locate and identify persons missing
as a result of armed conflict, violations of human rights, or natural
disasters; (2) to assist governments in meeting their obligations
regarding missing persons; and (3) to support investigations and
prosecutions related to war crimes, crimes against humanity, genocide
and other crimes under international law: Provided further, That of the
funds appropriated under this heading, not more than $500,000 should be
made available for the Department of Energy's National Nuclear Security
Administration to support initiatives which bring together public
officials and private individuals from nations involved in the Six-
Party Talks for informal discussions on resolving the North Korea
nuclear issue.
assistance for eastern europe and the baltic states
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East European
Democracy (SEED) Act of 1989, $294,568,000, to remain available until
September 30, 2009, which shall be available, notwithstanding any other
provision of law, for assistance and for related programs for Eastern
Europe and the Baltic States.
(b) Funds appropriated under this heading shall be considered to be
economic assistance under the Foreign Assistance Act of 1961 for
purposes of making available the administrative authorities contained
in that Act for the use of economic assistance.
(c) The provisions of section 628 of this Act shall apply to funds
appropriated under this heading: Provided, That notwithstanding any
provision of this or any other Act, including provisions in this
subsection regarding the application of section 628 of this Act, local
currencies generated by, or converted from, funds appropriated by this
Act and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in Eastern Europe
and the Baltic States to carry out the provisions of the Foreign
Assistance Act of 1961 and the Support for East European Democracy
(SEED) Act of 1989.
assistance for the independent states of the former soviet union
For necessary expenses to carry out the provisions of chapters 11
and 12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM
Support Act, for assistance for the Independent States of the former
Soviet Union and for related programs, $401,885,000, to remain
available until September 30, 2009: Provided, That the provisions of
such chapters shall apply to funds appropriated by this paragraph:
Provided further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law, for
confidence-building measures and other activities in furtherance of the
peaceful resolution of regional conflicts, especially those in the
vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That of
the funds appropriated under this heading, not less than $8,000,000
shall be made available for humanitarian, conflict mitigation, human
rights, civil society, and relief and recovery assistance for Chechnya,
Ingushetia, Dagestan, and North Ossetia-Alania in the North Caucasus:
Provided further, That of the funds appropriated under this heading
that are available for assistance for Russia, not less than $500,000
shall be made available to the United States Forest Service for forest
management and wildlife conservation programs in the Russian Far East:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this heading in this Act or prior Acts making
appropriations for foreign operations, export financing, and related
programs, that are made available pursuant to the provisions of section
807 of Public Law 102-511 shall be subject to a 6 percent ceiling on
administrative expenses.
Independent Agencies
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,000,000, to remain available
until September 30, 2009.
african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980, Public Law 96-533,
$30,000,000, to remain available until September 30, 2009: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the Foundation: Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the African
Development Foundation Act, (1) in exceptional circumstances the Board
of Directors of the Foundation may waive the $250,000 limitation
contained in that section with respect to a project and (2) a project
may exceed the limitation by up to $10,000 if the increase is due
solely to foreign currency fluctuation: Provided further, That the
Foundation shall provide a report to the Committees on Appropriations
after each time such waiver authority is exercised.
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (75 Stat. 612), including the purchase of not to exceed five
passenger motor vehicles for administrative purposes for use outside of
the United States, $323,500,000, to remain available until September
30, 2009: Provided, That none of the funds appropriated under this
heading shall be used to pay for abortions: Provided further, That the
Director may transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed $2,000,000:
Provided further, That funds transferred pursuant to the previous
proviso may not be derived from amounts made available for Peace Corps
overseas operations.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,200,000,000, to remain available
until expended: Provided, That of the funds appropriated under this
heading, up to $75,000,000 may be available for administrative expenses
of the Millennium Challenge Corporation: Provided further, That up to
10 percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the Millennium
Challenge Act of 2003 for candidate countries for fiscal year 2008:
Provided further, That none of the funds available to carry out section
616 of such Act may be made available until the Chief Executive Officer
of the Millennium Challenge Corporation provides a report to the
Committees on Appropriations listing the candidate countries that will
be receiving assistance under section 616 of such Act, the level of
assistance proposed for each such country, a description of the
proposed programs, projects and activities, and the implementing agency
or agencies of the United States Government: Provided further, That
section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply
to funds appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the
Millennium Challenge Act of 2003 only if such Compact obligates not
more than 50 percent of the entire amount of the United States
Government funding anticipated for the duration of the Compact, or
contains a commitment to obligate subject to the availability of funds
and the mutual agreement of the parties to the Compact to proceed the
entire amount of the United States Government funding anticipated for
the duration of the Compact.
Department of State
democracy fund
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy globally,
$177,000,000, of which the following amounts shall be made available,
subject to the regular notification procedures of the Committees on
Appropriations, until September 30, 2010--
(1) $75,000,000 for the Human Rights and Democracy Fund of
the Bureau of Democracy, Human Rights and Labor, Department of
State, of which $15,000,000 shall be for democracy and rule of
law programs in the People's Republic of China, Hong Kong, and
Taiwan: Provided, That assistance for Taiwan should be matched
from sources other than the United States Government: Provided
further, That $10,000,000 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 further, That
funds used for such purposes should support new initiatives and
activities in those countries; and
(2) $102,000,000 for the National Endowment for Democracy:
Provided, That of the funds appropriated by this Act under the
headings ``Development Assistance'', ``Economic Support Fund'',
and ``Assistance for the Independent States of the Former
Soviet Union'', an additional $18,000,000 shall be made
available for the programs and activities of the National
Endowment of Democracy.
(b) Funds appropriated by this Act that are made available for the
promotion of democracy may be made available notwithstanding any other
provision of this or any other Act and, with regard to the National
Endowment for Democracy, any regulation. Funds appropriated under this
heading are in addition to funds otherwise available for such purposes.
(c) The Assistant Secretary of State for Democracy, Human Rights
and Labor shall be responsible for--
(1) all policy, funding, and programming decisions
regarding funds made available in this Act and subsequent Acts
making appropriations for the Department of State, foreign
operations, export financing, and related programs for the
Human Rights and Democracy Fund of the Bureau of Democracy,
Human Rights, and Labor; and
(2) the development of strategies for the promotion of
democracy globally and the coordination of democracy programs
between the United States Department of State and the United
States Agency for International Development.
(d) For the purposes of funds appropriated by this Act, the term
``promotion of democracy'' means programs that support good governance,
human rights, independent media, and the rule of law, and otherwise
strengthen the capacity of democratic political parties, governments,
nongovernmental organizations and institutions, and citizens to support
the development of democratic states, institutions, and practices that
are responsive and accountable to citizens.
(e) Any contract, grant or cooperative agreement (or any amendment
to any contract, grant, or cooperative agreement) in excess of
$2,500,000 for the promotion of democracy under this Act shall be
subject to the regular notification procedures of the Committees on
Appropriations.
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $558,449,000, to remain available until
September 30, 2010: Provided, That during fiscal year 2008, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country under chapter 8 of
part I of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the Secretary
of State shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and prior to
the initial obligation of funds appropriated under this heading, a
report on the proposed uses of all funds under this heading on a
country-by-country basis for each proposed program, project, or
activity: Provided further, That of the funds appropriated under this
heading, not less than $19,000,000 shall be made available for training
programs and activities of the International Law Enforcement Academies:
Provided further, That funds appropriated under this heading shall be
made available for training of foreign law enforcement and judicial
personnel in the prevention of violence and discrimination on account
of sexual orientation or gender identity: Provided further, That of the
funds appropriated under this heading, not less than $10,500,000 should
be made available for programs to combat trafficking in persons and
migrant smuggling: Provided further, That of the funds appropriated
under this heading, not more than $38,000,000 may be available for
administrative expenses.
andean programs
(including transfer of funds)
(a) For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug, economic and social
development, rule of law, and other activities in the Andean region of
South America, $415,050,000, to remain available until September 30,
2010.
(b) In fiscal year 2008, funds available to the Department of State
for assistance to the Government of Colombia may be made available to
support a unified campaign against drug trafficking, against activities
by organizations designated as Foreign Terrorist Organizations, and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations: Provided, That
this authority shall cease to be effective if the Secretary of State
has credible evidence that the Colombian Armed Forces are not
conducting vigorous operations to restore civilian government authority
and respect for human rights in areas under the effective control of
paramilitary organizations or successor armed groups: Provided further,
That the President shall ensure that if any helicopter procured with
funds under this heading is used to aid or abet the operations of any
such organization, the helicopter shall be immediately returned to the
United States: Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated under this
heading: Provided further, That assistance provided with funds
appropriated under this heading that is made available notwithstanding
section 482(b) of the Foreign Assistance Act of 1961 shall be made
available subject to the regular notification procedures of the
Committees on Appropriations.
(c) Of the funds appropriated under this heading that are available
for assistance for Colombia, not less than $22,000,000 shall be made
available for the Office of the Attorney General, of which $5,000,000
shall be for the Human Rights Unit, $5,000,000 shall be for the Justice
and Peace Unit, $9,000,000 shall be used to develop a witness
protection program for victims of armed groups, and $3,000,000 shall be
for investigations of mass graves and identification of remains:
Provided further, That of the funds appropriated under this heading
that are available for assistance for Colombia, $5,000,000 shall be for
the Office of the Procuraduria General de la Nacion, $3,000,000 shall
be for the Office of the Defensoria del Pueblo, and $750,000 shall be
made available for a United States contribution to the Office of the
United Nations High Commissioner for Human Rights in Colombia to
support monitoring and public reporting of human rights conditions in
the field.
(d) Funds appropriated by this Act that are available for aerial
eradication of coca in Colombia may be made available only for targeted
eradication in specific areas and only if the Secretary of State
certifies to the Committees on Appropriations that manual eradication
in such areas is not practicable and that aerial eradication will not
contribute to a significant loss of biodiversity: Provided, That not
more than 20 percent of such funds may be made available unless the
Secretary of State certifies to the Committees on Appropriations that:
(1) the herbicide is being used in accordance with EPA label
requirements for comparable use in the United States and with Colombian
laws; and (2) the herbicide, in the manner it is being used, does not
pose unreasonable risks or adverse effects to humans or the environment
including endemic species: Provided further, That such funds may not be
made available unless the Secretary of State certifies to the
Committees on Appropriations that complaints of harm to health or licit
crops caused by such aerial eradication are thoroughly evaluated and
fair compensation is being paid in a timely manner for meritorious
claims, and the Secretary submits a report to the Committees on
Appropriations detailing all claims, evaluations, and compensation paid
during the twelve month period prior to the date of enactment of this
Act: Provided further, That such funds may not be made available for
such purposes unless programs are being implemented by the United
States Agency for International Development, the Government of
Colombia, or other organizations, in consultation and coordination with
local communities, to provide alternative sources of income in
municipalities where security permits for small-acreage growers whose
illicit crops are targeted for aerial eradication: Provided further,
That funds appropriated by this Act may be used for aerial eradication
in Colombia's national parks or reserves only if the Secretary of State
certifies to the Committees on Appropriations on a case-by-case basis
that there are no practicable alternatives and the eradication is
conducted in accordance with Colombian laws: Provided further, That of
the funds appropriated under this heading that are available for
Colombia, $10,000,000 shall be transferred to, and merged with, funds
appropriated under the heading ``Foreign Military Financing Program''
and shall be made available only for assistance for the Colombian
military to provide security for manual eradication programs, including
in national parks: Provided further, That none of the funds
appropriated by this Act shall be made available for the cultivation or
processing of African oil palm, if doing so would contribute to
significant loss of native species, disrupt or contaminate natural
water sources, reduce local food security, or cause the forced
displacement of local people.
(e) No United States Armed Forces personnel or United States
civilian contractor employed by the United States will participate in
any combat operation in connection with assistance made available by
this Act for Colombia.
(f) Rotary and fixed wing aircraft supported with funds
appropriated under this heading for assistance for Colombia should be
used for drug eradication and interdiction including to transport
personnel in connection with manual eradication programs, and to
provide transport in support of alternative development programs and
investigations of cases under the jurisdiction of the Attorney General,
the Procuraduria General de la Nacion, and the Defensoria del Pueblo.
(g) Funds appropriated under this heading that are made available
for assistance for the Bolivian military and police may be made
available for such purposes only if the Secretary of State certifies to
the Committees on Appropriations that the Bolivian military and police
are respecting human rights, and civilian judicial authorities are
investigating and prosecuting, with the full cooperation, military and
police personnel who have been implicated in the military and police
gross violations of human rights.
(h) Of the funds appropriated under this heading, not more than
$16,000,000 may be available for administrative expenses of the
Department of State, and not more than $8,000,000 may be available, in
addition to amounts otherwise available for such purposes, for
administrative expenses of the United States Agency for International
Development.
(i) The Secretary of State, in consultation with the Administrator
of the United States Agency for International Development, shall
provide to the Committees on Appropriations not later than 45 days
after the date of the enactment of this Act and prior to the initial
obligation of funds appropriated under this heading, a report on the
proposed uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity.
migration and refugee assistance
For expenses, not otherwise provided for, necessary to enable the
Secretary of State to provide, as authorized by law, a contribution to
the International Committee of the Red Cross, assistance to refugees,
including contributions to the International Organization for Migration
and the United Nations High Commissioner for Refugees, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $889,000,000, to remain available until expended: Provided, That
not more than $23,000,000 may be available for administrative expenses:
Provided further, That $40,000,000 of the funds made available under
this heading shall be made available for refugees resettling in Israel:
Provided further, That funds made available under this heading shall be
made available for assistance for refugees from North Korea.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $45,000,000, to remain available until expended:
Provided, That funds made available under this heading are appropriated
notwithstanding the provisions contained in section 2(c)(2) of such Act
which would limit the amount of funds which could be appropriated for
this purpose.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $499,000,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of this amount not to exceed $32,000,000, to
remain available until expended, may be made available for the
Nonproliferation and Disarmament Fund, notwithstanding any other
provision of law, to promote bilateral and multilateral activities
relating to nonproliferation and disarmament: Provided further, That
such funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of the
United States to do so: Provided further, That of the funds
appropriated under this heading, not less than $30,000,000 shall be
made available for the Biosecurity Engagement Program: Provided
further, That funds appropriated under this heading may be made
available for the International Atomic Energy Agency only if the
Secretary of State determines (and so reports to the Congress) that
Israel is not being denied its right to participate in the activities
of that Agency: Provided further, That of the funds made available for
demining and related activities, not to exceed $700,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management of the
demining program: Provided further, That funds appropriated under this
heading that are available for ``Anti-terrorism Assistance'' and
``Export Control and Border Security'' shall remain available until
September 30, 2009.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $22,800,000, to remain available
until September 30, 2010, which shall be available notwithstanding any
other provision of law.
debt restructuring
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of modifying loans and loan guarantees, as the President
may determine, for which funds have been appropriated or otherwise made
available for programs within the International Affairs Budget Function
150, including the cost of selling, reducing, or canceling amounts owed
to the United States as a result of concessional loans made to eligible
countries, pursuant to parts IV and V of the Foreign Assistance Act of
1961, of modifying concessional credit agreements with least developed
countries, as authorized under section 411 of the Agricultural Trade
Development and Assistance Act of 1954, as amended, of concessional
loans, guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt
reduction pursuant to title V of H.R. 3425 as enacted into law by
section 1000(a)(5) of Public Law 106-113, $200,300,000, to remain
available until September 30, 2010: Provided, That not less than
$20,000,000 of the funds appropriated under this heading shall be made
available to carry out the provisions of part V of the Foreign
Assistance Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the enhanced
HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for
the benefit of any country if the Secretary of State has credible
evidence that the government of such country is engaged in a consistent
pattern of gross violations of internationally recognized human rights
or in military or civil conflict that undermines its ability to develop
and implement measures to alleviate poverty and to devote adequate
human and financial resources to that end: Provided further, That on
the basis of final appropriations, the Secretary of the Treasury shall
consult with the Committees on Appropriations concerning which
countries and international financial institutions are expected to
benefit from a United States contribution to the HIPC Trust Fund during
the fiscal year: Provided further, That the Secretary of the Treasury
shall inform the Committees on Appropriations not less than 15 days in
advance of the signature of an agreement by the United States to make
payments to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the Treasury may
disburse funds designated for debt reduction through the HIPC Trust
Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such
disbursement, other than loans made by such institutions to
export-oriented commercial projects that generate foreign
exchange which are generally referred to as ``enclave'' loans;
and
(2) have documented and demonstrated their commitment to
redirect their budgetary resources from international debt
repayments to programs to alleviate poverty and promote
economic growth that are additional to or expand upon those
previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411
of the Agricultural Trade Development and Assistance Act of 1954 shall
not apply to funds appropriated under this heading: Provided further,
That none of the funds made available under this heading in this or any
other appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies the
Committees on Appropriations that a democratically elected government
has taken office.
support of foreign law enforcement efforts to locate united states
citizens kidnapped in areas affected by violent drug trafficking
Sec. 301. Funds appropriated or otherwise made available by this
title under the heading ``international narcotics control and law
enforcement'' should be available for the support of efforts of foreign
law enforcement authorities to locate United States citizens who have
been kidnapped in, or are otherwise missing from, areas affected by
violent drug trafficking.
TITLE IV
MILITARY ASSISTANCE
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $85,877,000, of which up to
$3,000,000 may remain available until expended: Provided, That funds
appropriated under this heading shall not be available for Equatorial
Guinea: Provided further, That the civilian personnel for whom military
education and training may be provided under this heading may include
civilians who are not members of a government whose participation would
contribute to improved civil-military relations, civilian control of
the military, or respect for human rights: Provided further, That funds
appropriated under this heading that are made available for assistance
for Angola, Cameroon, Central African Republic, Chad, Cote d'Ivoire,
Guinea, Libya, and Nepal may be made available only for expanded
international military education and training: Provided further, That
expanded international military education and training may include
English language training for purposes of funds appropriated under this
heading: Provided further, That funds made available under this heading
for assistance for Haiti, Guatemala, the Democratic Republic of the
Congo, Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, and Nigeria may
only be provided through the regular notification procedures of the
Committees on Appropriations.
foreign military financing program
For expenses necessary for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,579,000,000: Provided, That of the funds appropriated under this
heading, not less than $2,400,000,000 shall be available for grants
only for Israel: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the enactment
of this Act or by October 31, 2007, whichever is later: Provided
further, That to the extent that the Government of Israel requests that
funds be used for such purposes, grants made available for Israel by
this paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$631,200,000 shall be available for the procurement in Israel of
defense articles and defense services, including research and
development: Provided further, That of the funds appropriated by this
paragraph, $300,000,000 shall be made available for assistance for
Jordan: Provided further, That of the funds appropriated under this
heading, not less than $8,413,000 shall be made available for
assistance for Tunisia: Provided further, That of the funds
appropriated under this heading that are available for assistance for
Morocco, not more than $2,000,000 may be obligated until the Secretary
of State certifies and reports to the Committees on Appropriations that
Moroccan Government authorities in the territory of the Western Sahara
have (1) ceased to persecute, detain, and prosecute individuals for
peacefully expressing their opinions regarding the status and future of
the Western Sahara and for documenting violations of human rights; and
(2) provided unimpeded access to internationally recognized human
rights organizations, journalists, and representatives of foreign
governments to the Western Sahara: Provided further, That of the funds
appropriated under this heading, not less than $1,300,000,000 shall be
made available for grants only for Egypt: Provided further, That funds
made available under this heading for assistance for Egypt should be
made available for counterterrorism and border security programs in the
Sinai: Provided further, That of the funds appropriated under this
heading that are available for Colombia, $10,000,000 shall be made
available for medical and rehabilitation assistance, removal of
landmines, and to enhance communications capabilities: Provided
further, That funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any requirement in
section 23 of the Arms Export Control Act: Provided further, That funds
made available under this paragraph shall be obligated upon
apportionment in accordance with paragraph (5)(C) of title 31, United
States Code, section 1501(a): Provided further, That 0.1 percent of the
funds appropriated under this heading shall be transferred to and
merged with funds appropriated under the heading ``Economic Support
Fund'' to be made available to the Bureau of Democracy, Human Rights
and Labor, Department of State, to ensure adequate monitoring of the
use of assistance made available under this heading in countries where
such monitoring is most needed, in addition to amounts otherwise
available for such purposes.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurements has first signed an
agreement with the United States Government specifying the conditions
under which such procurements may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 515 of this Act: Provided further, That none of the funds
appropriated under this heading shall be available for assistance for
Sudan: Provided further, That none of the funds appropriated under this
heading may be made available for assistance for Haiti, Guatemala,
Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
and Herzegovina, Ethiopia, and Democratic Republic of the Congo except
pursuant to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related activities,
and may include activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$41,900,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales: Provided further, That not more than $395,000,000 of funds
realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
may be obligated for expenses incurred by the Department of Defense
during fiscal year 2008 pursuant to section 43(b) of the Arms Export
Control Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military financing
program funds estimated to be outlayed for Egypt during fiscal year
2008 may be transferred to an interest bearing account for Egypt in the
Federal Reserve Bank of New York.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $273,200,000: Provided, That of
the funds made available under this heading, not less than $25,000,000
shall be made available for a United States contribution to the
Multinational Force and Observers mission in the Sinai: Provided
further, That none of the funds appropriated under this heading shall
be obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
funds appropriated to the president
international financial institutions
global environment facility
For the United States contribution for the Global Environment
Facility, $106,763,000 to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility (GEF), by
the Secretary of the Treasury, to remain available until expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,000,000,000, to remain available until
expended: Provided, That funds appropriated under this heading should
not be obligated until the Secretary of the Treasury reports to the
Committees on Appropriations that he has received written assurance
from the President of the World Bank that the bank's management will
not recommend or support any loan, grant, credit or other financing for
any infrastructure project which would contribute to significant loss
of tropical forest or biodiversity.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $25,000,000, to remain available until
expended.
contribution to the asian development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the Asian Development Fund, as
authorized by the Asian Development Bank Act, as amended, $65,000,000,
to remain available until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury, $2,037,000, for the United States paid-in share of the
increase in capital stock, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation for the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $31,918,770.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$105,000,000, to remain available until expended.
contribution to the european bank for reconstruction and development
For payment to the European Bank for Reconstruction and Development
by the Secretary of the Treasury, $10,159 for the United States share
of the paid-in portion of the increase in capital stock, to remain
available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the Treasury
to increase the resources of the International Fund for Agricultural
Development, $18,072,000, to remain available until expended.
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $313,925,000:
Provided, That of the funds appropriated under this heading that are
available for the Organization of American States Fund for
Strengthening Democracy, $500,000 shall be subject to the regular
notification procedures of the Committees on Appropriations.
TITLE VI
GENERAL PROVISIONS
compensation for united states executive directors to international
financial institutions
Sec. 601. (a) No funds appropriated by this Act may be made as
payment to any international financial institution while the United
States Executive Director to such institution is compensated by the
institution at a rate which, together with whatever compensation such
Director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
or while any alternate United States Director to such institution is
compensated by the institution at a rate in excess of the rate provided
for an individual occupying a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section ``international financial
institutions'' are: the International Bank for Reconstruction and
Development, the Inter-American Development Bank, the Asian Development
Bank, the Asian Development Fund, the African Development Bank, the
African Development Fund, the International Monetary Fund, the North
American Development Bank, and the European Bank for Reconstruction and
Development.
allocations
Sec. 602. (a) Funds provided in this Act for the following accounts
shall be made available for programs and countries in the amounts
contained in the respective tables included in the report accompanying
this Act:
``Educational and Cultural Exchange Programs''.
``Embassy Security, Construction, and Maintenance''.
``International Fisheries Commissions''.
``International Broadcasting Operations''.
``Global Health Programs''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Democracy Fund''.
``Andean Programs''.
``Nonproliferation, Anti-Terrorism, Demining and Related
Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts contained in
such tables in the accompanying report shall be subject to the regular
notification procedures of the Committees on Appropriations and section
634A of the Foreign Assistance Act of 1961.
limitation on residence expenses
Sec. 603. Of the funds appropriated or made available pursuant to
title III of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year: Provided, That appropriate
steps shall be taken to assure that, to the maximum extent possible,
United States-owned foreign currencies are utilized in lieu of dollars.
unobligated balances
Sec. 604. Any Department or Agency to which funds are appropriated
or otherwise made available by this Act shall provide, upon request of
the Committees on Appropriations, an accurate accounting by program,
project, and activity of the funds received by such Department or
Agency in this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
limitation on representational allowances
Sec. 605. Of the funds appropriated or made available pursuant to
this Act, not to exceed $250,000 shall be available for representation
and entertainment allowances, of which not to exceed $5,000 shall be
available for entertainment allowances, for the United States Agency
for International Development during the current fiscal year: Provided,
That no such entertainment funds may be used for the purposes listed in
section 648 of this Act: Provided further, That appropriate steps shall
be taken to assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars: Provided
further, That of the funds made available by this Act for general costs
of administering military assistance and sales under the heading
``Foreign Military Financing Program'', not to exceed $4,000 shall be
available for entertainment expenses and not to exceed $130,000 shall
be available for representation allowances: Provided further, That of
the funds made available by this Act under the heading ``International
Military Education and Training'', not to exceed $55,000 shall be
available for entertainment allowances: Provided further, That of the
funds made available by this Act for the Inter-American Foundation, not
to exceed $4,000 shall be available for entertainment and
representation allowances: Provided further, That of the funds made
available by this Act under the heading ``United States-China Economic
and Security Review Commission'', not to exceed $3,000 shall be
available for official reception, representation, and entertainment
allowances: Provided further, That of the funds made available by this
Act for the Peace Corps, not to exceed a total of $4,000 shall be
available for entertainment expenses: Provided further, That of the
funds made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $4,000 shall be available for
representation and entertainment allowances: Provided further, That of
the funds made available by this Act under the heading ``Millennium
Challenge Corporation'', not to exceed $115,000 shall be available for
representation and entertainment allowances.
prohibition on taxation of united states assistance
Sec. 606. (a) Prohibition on Taxation.--None of the funds
appropriated by this Act may be made available to provide assistance
for a foreign country under a new bilateral agreement governing the
terms and conditions under which such assistance is to be provided
unless such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of State shall
expeditiously seek to negotiate amendments to existing bilateral
agreements, as necessary, to conform with this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2008 on funds
appropriated by this Act by a foreign government or entity against
commodities financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through
grantees, contractors and subcontractors shall be withheld from
obligation from funds appropriated for assistance for fiscal year 2009
and allocated for the central government of such country and for the
West Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on Appropriations
that such taxes have not been reimbursed to the Government of the
United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that
is providing substantial reimbursement of such taxes;
or
(B) the foreign policy interests of the United
States outweigh the policy of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
country or entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
prohibition against direct funding for certain countries
Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance or reparations to Cuba, North Korea,
Iran, or Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct loans,
credits, insurance and guarantees of the Export-Import Bank or its
agents.
military coups
Sec. 608. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended to
finance directly any assistance to the government of any country whose
duly elected head of government is deposed by military coup or decree:
Provided, That assistance may be resumed to such government if the
President determines and certifies to the Committees on Appropriations
that subsequent to the termination of assistance a democratically
elected government has taken office: Provided further, That the
provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes:
Provided further, That funds made available pursuant to the previous
provisos shall be subject to the regular notification procedures of the
Committees on Appropriations.
transfers
Sec. 609. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the Department of State in this Act may
be transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current fiscal year
for the Broadcasting Board of Governors in this Act may be transferred
between such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10
percent by any such transfers: Provided further, That any transfer
pursuant to this section shall be treated as a reprogramming of funds
under section 104 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
(b)(1) Limitation on Transfers Between Agencies.--None of the funds
made available by this Act may be transferred to any department,
agency, or instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided in, this
Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made
by, or authorized elsewhere in, this Act, funds appropriated by this
Act to carry out the purposes of the Foreign Assistance Act of 1961 may
be allocated or transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(c) Transfers Between Accounts.--None of the funds made available
by this Act may be obligated under an appropriation account to which
they were not appropriated, except for transfers specifically provided
for in this Act, unless the President provides notification in
accordance with the regular notification procedures of the Committees
on Appropriations.
(d) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the United States Agency for International
Development and another agency of the United States Government under
the authority of section 632(a) of the Foreign Assistance Act of 1961
or any comparable provision of law, shall expressly provide that the
Office of the Inspector General for the agency receiving the transfer
or allocation of such funds shall perform periodic program and
financial audits of the use of such funds: Provided, That funds
transferred under such authority may be made available for the cost of
such audits.
commercial leasing of defense articles
Sec. 610. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt and NATO
and major non-NATO allies for the procurement by leasing (including
leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than by
government-to-government sale under such Act.
availability of funds
Sec. 611. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided in this Act: Provided, That
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
part I, section 661, section 667, chapters 4, 6, 8, and 9 of part II of
the Foreign Assistance Act of 1961, section 23 of the Arms Export
Control Act, and funds provided under the heading ``Assistance for
Eastern Europe and the Baltic States'', shall remain available for an
additional 4 years from the date on which the availability of such
funds would otherwise have expired, if such funds are initially
obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
until expended: Provided further, That the Director of the Trade and
Development Agency shall notify the Committees on Appropriations not
later than 15 days prior to any reobligation of funds appropriated for
the purposes of section 661 of part II of the Foreign Assistance Act of
1961.
limitation on assistance to countries in default
Sec. 612. No part of any appropriation contained in this Act shall
be used to furnish assistance to the government of any country which is
in default during a period in excess of 1 calendar year in payment to
the United States of principal or interest on any loan made to the
government of such country by the United States pursuant to a program
for which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national
interest of the United States.
commerce and trade
Sec. 613. (a) None of the funds appropriated or made available
pursuant to this Act for direct assistance and none of the funds
otherwise made available pursuant to this Act to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations.
(b) None of the funds appropriated by this or any other Act to
carry out chapter 1 of part I of the Foreign Assistance Act of 1961
shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or production in
a foreign country of an agricultural commodity for export which would
compete with a similar commodity grown or produced in the United
States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States; or
(2) research activities intended primarily to benefit
American producers.
surplus commodities
Sec. 614. The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the voice and
vote of the United States to oppose any assistance by these
institutions, using funds appropriated or made available pursuant to
this Act, for the production or extraction of any commodity or mineral
for export, if it is in surplus on world markets and if the assistance
will cause substantial injury to United States producers of the same,
similar, or competing commodity.
reprogramming notification requirements
Sec. 615. (a) None of the funds made available in all titles of
this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this Act, shall be
available for obligation or expenditure through a reprogramming of
funds that: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any means for
any project or activity for which funds have been denied or restricted;
(4) relocates an office or employees; (5) closes or opens a mission or
post; (6) reorganizes or renames offices; (7) reorganizes programs or
activities; or (8) contracts out or privatizes any functions or
activities presently performed by Federal employees; unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds provided under
title I of this Act, or provided under previous appropriations Acts to
the agencies or department funded under title I of this Act that remain
available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies or department
funded by title I of this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $750,000 or ten percent, whichever
is less, that: (1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program, project, or
activity, or numbers of personnel by ten percent as approved by
Congress; or (3) results from any general savings, including savings
from a reduction in personnel, which would result in a change in
existing programs, activities, or projects as approved by Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) For the purposes of providing the executive branch with the
necessary administrative flexibility, none of the funds made available
under titles II through V of this Act for ``Global Health Programs'',
``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Programs'', ``Assistance for
Eastern Europe and the Baltic States'', ``Assistance for the
Independent States of the Former Soviet Union'', ``Economic Support
Fund'', ``Democracy Fund'', ``Peacekeeping Operations'', ``Capital
Investment Fund'', ``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the United States
Agency for International Development Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Millennium Challenge Corporation'' (by country only), ``Foreign
Military Financing Program'', ``International Military Education and
Training'', ``Peace Corps'', and ``Migration and Refugee Assistance'',
shall be available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific headings
unless the Committees on Appropriations of both Houses of Congress are
previously notified 15 days in advance: Provided, That the President
shall not enter into any commitment of funds appropriated for the
purposes of section 23 of the Arms Export Control Act for the provision
of major defense equipment, other than conventional ammunition, or
other major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20 percent in
excess of the quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That this subsection shall not apply to any
reprogramming for an activity, program, or project for which funds are
appropriated under titles III or IV of this Act of less than 10 percent
of the amount previously justified to the Congress for obligation for
such activity, program, or project for the current fiscal year.
(d) The requirements of this section or any similar provision of
this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification procedures of
the Committees on Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the Congress, or the
appropriate congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the action
to which such notification requirement was applicable, in the context
of the circumstances necessitating such waiver: Provided further, That
any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
limitation on availability of funds for international organizations and
programs
Sec. 616. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under this Act or any
previously enacted Act making appropriations for foreign operations,
export financing, and related programs, which are returned or not made
available for organizations and programs because of the implementation
of section 307(a) of the Foreign Assistance Act of 1961, shall remain
available for obligation until September 30, 2009: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 is amended by
striking ``Libya,''.
independent states of the former soviet union
Sec. 617. (a) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet Union''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government directs
any action in violation of the territorial integrity or national
sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided,
That such funds may be made available without regard to the restriction
in this subsection if the President determines that to do so is in the
national security interest of the United States.
(b) None of the funds appropriated under the heading ``Assistance
for the Independent States of the Former Soviet Union'' shall be made
available for any state to enhance its military capability: Provided,
That this restriction does not apply to demilitarization, demining or
nonproliferation programs.
(c) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on Appropriations.
(d)(1) Of the funds appropriated under this heading that are
allocated for assistance for the Government of the Russian Federation,
60 percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropriations
that the Government of the Russian Federation--
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training, technology, or
equipment necessary to develop a nuclear reactor, related
nuclear research facilities or programs, or ballistic missile
capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(e) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
prohibition on funding for abortions and involuntary sterilization
Sec. 618. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
export financing transfer authorities
Sec. 619. Not to exceed 5 percent of any appropriation other than
for administrative expenses made available for fiscal year 2008, for
programs under title II of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be used,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, That the exercise of such authority shall be subject to the
regular notification procedures of the Committees on Appropriations.
special notification requirements
Sec. 620. None of the funds appropriated by this Act shall be
obligated or expended for assistance for Serbia, Sudan, Zimbabwe,
Pakistan, Cuba, the Dominican Republic, Iran, Haiti, Mexico, Nepal, or
Cambodia except as provided through the regular notification procedures
of the Committees on Appropriations.
definition of program, project, and activity
Sec. 621. For the purpose of titles II through V of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts earmarks, ceilings, and limitations with the
exception that for the following accounts: ``Economic Support Fund''
and ``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; for the
development assistance accounts of the United States Agency for
International Development ``program, project, and activity'' shall also
be considered to include central, country, regional, and program level
funding, either as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of this
Act, as required by section 653(a) of the Foreign Assistance Act of
1961.
global health activities
Sec. 622. Up to $13,500,000 of the funds made available by this Act
for assistance under the heading ``Global Health Programs'', may be
used to reimburse United States Government agencies, agencies of State
governments, institutions of higher learning, and private and voluntary
organizations for the full cost of individuals (including for the
personal services of such individuals) detailed or assigned to, or
contracted by, as the case may be, the United States Agency for
International Development for the purpose of carrying out activities
under that heading: Provided, That up to $3,500,000 of the funds made
available by this Act for assistance under the heading ``Development
Assistance'' may be used to reimburse such agencies, institutions, and
organizations for such costs of such individuals carrying out other
development assistance activities: Provided further, That funds
appropriated by titles III and IV of this Act that are made available
for bilateral assistance for child survival activities or disease
programs including activities relating to research on, and the
prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for the provisions
under the heading ``Global Health Programs'' and the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117
Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided further, That
of the funds appropriated under title III of this Act, not less than
$461,060,000 shall be made available for family planning/reproductive
health: Provided further, That in order to prevent unintended
pregnancies, abortions, and the transmission of sexually transmitted
infections, including HIV/AIDS, no contract or grant for the exclusive
purpose of providing donated contraceptives in developing countries
shall be denied to any nongovernmental organization solely on the basis
of the policy contained in the President's March 28, 2001, Memorandum
to the Administrator of the United States Agency for International
Development with respect to providing contraceptives in developing
countries, or any comparable administration policy regarding the
provision of contraceptives.
afghanistan
Sec. 623. Of the funds appropriated by titles III and IV of this
Act, up to $1,057,050,000 may be made available for assistance for
Afghanistan, of which not less than $75,000,000 should be made
available to support programs that directly address the needs of Afghan
women and girls, of which not less than $12,000,000 shall be made
available for grants to support training and equipment to improve the
capacity of women-led Afghan nongovernmental organizations and to
support the activities of such organizations, and not less than
$3,000,000 should be made available for reforestation activities:
Provided, That funds made available pursuant to the previous proviso
for reforestation activities should be matched, to the maximum extent
possible, with contributions from American and Afghan businesses:
Provided further, That of the funds appropriated by this Act that are
available for Afghanistan, $20,000,000 should be made available through
United States universities to develop agriculture extension services
for Afghan farmers, $2,000,000 should be made available for a United
States contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations Humanitarian
Relief Fund, and not less than $10,000,000 shall be made available for
continued support of the United States Agency for International
Development's Afghan Civilian Assistance Program.
notification on excess defense equipment
Sec. 624. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of
1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as are
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
global fund management
Sec. 625. Notwithstanding any other provision of this Act, 20
percent of the funds that are appropriated by this Act for a
contribution to support the Global Fund to Fight AIDS, Tuberculosis and
Malaria (the ``Global Fund'') shall be withheld from obligation to the
Global Fund until the Secretary of State certifies to the Committees on
Appropriations that the Global Fund--
(1) is releasing incremental disbursements only if grantees
demonstrate progress against clearly defined performance
indicators;
(2) 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;
(3) has a full-time, professional, independent Office of
Inspector General that is fully operational;
(4) requires local Fund agents to assess whether a
principal recipient has the capacity to oversee the activities
of sub-recipients;
(5) is making progress toward implementing a reporting
system that breaks down grantee budget allocations by
programmatic activity;
(6) has adopted and is implementing a policy to publish on
a publicly available website all program reviews, program
evaluations, internally and externally commissioned audits, and
inspector general reports and findings, not later than 7 days
after they are received by the Global Fund Secretariat, except
that such information as determined necessary by the Inspector
General to protect the identity of whistleblowers or other
informants to investigations and reports of the Inspector
General, or proprietary information, may be redacted from such
documents; and
(7) is tracking and encouraging the involvement of civil
society in country coordinating mechanisms and program
implementation.
prohibition on bilateral assistance to terrorist countries
Sec. 626. (a) Funds appropriated for bilateral assistance under any
heading of this Act and funds appropriated under any such heading in a
provision of law enacted prior to the enactment of this Act, shall not
be made available for assistance to the government of any country which
the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism or
other gross violation of human rights; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to
such government if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 627. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
separate accounts
Sec. 628. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States Agency
for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of the United States Agency for
International Development and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for such
purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--The United States Agency
for International Development shall take all necessary steps to
ensure that the equivalent of the local currencies disbursed
pursuant to subsection (a)(2)(A) from the separate account
established pursuant to subsection (a)(1) are used for the
purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), any unencumbered
balances of funds which remain in a separate account
established pursuant to subsection (a) shall be disposed of for
such purposes as may be agreed to by the government of that
country and the United States Government.
(5) Reporting requirement.--The Administrator of the United
States Agency for International Development shall report on an
annual basis as part of the justification documents submitted
to the Committees on Appropriations on the use of local
currencies for the administrative requirements of the United
States Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for
such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the notification procedures of the Committees on
Appropriations.
enterprise fund restrictions
Sec. 629. (a) Prior to the distribution of any assets resulting
from any liquidation, dissolution, or winding up of an Enterprise Fund,
in whole or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures
of the Committees on Appropriations, a plan for the distribution of the
assets of the Enterprise Fund.
(b) Funds made available by this Act for Enterprise Funds shall be
expended at the minimum rate necessary to make timely payment for
projects and activities.
international family planning and reproductive health
Sec. 630. (a) Funds appropriated by this Act may be made available
for a United States contribution to the United Nations Population Fund
(UNFPA).
(b) None of the funds appropriated by this Act may be made
available to UNFPA for a country program in the People's Republic of
China.
(c) Funds appropriated by this Act may not be made available to
UNFPA unless--
(1) UNFPA maintains amounts made available under this
section in an account separate from other accounts of UNFPA;
(2) UNFPA does not commingle amounts made available to
UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
authorities for the peace corps, inter-american foundation and african
development foundation
Sec. 631. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for foreign operations, export
financing, and related programs, shall not be construed to prohibit
activities authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development Foundation
Act. The agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is proposing to
conduct activities in a country for which assistance is prohibited.
impact on jobs in the united states
Sec. 632. None of the funds appropriated by this Act may be
obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
comprehensive expenditures report
Sec. 633. Not later than 180 days after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the total amount of United
States Government expenditures in fiscal year 2006, by Federal agency,
for programs and activities in each foreign country, identifying the
line item as presented in the President's Budget Appendix and the
purpose for which the funds were provided: Provided, That, if required,
information may be submitted in classified form.
special authorities
Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
Victims of War, Displaced Children, and Displaced Burmese.--Funds
appropriated by this Act that are made available for assistance for
Afghanistan may be made available notwithstanding section 612 of this
Act or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles II and III of
this Act that are made available for Iraq, Lebanon, Montenegro,
Pakistan, and for victims of war, displaced children, and displaced
Burmese, and to assist victims of trafficking in persons and, subject
to the regular notification procedures of the Committees on
Appropriations, to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Tropical Forestry and Biodiversity Conservation Activities.--
Funds appropriated by this Act to carry out the provisions of sections
103 through 106, and chapter 4 of part II, of the Foreign Assistance
Act of 1961 may be used, notwithstanding any other provision of law,
for the purpose of supporting tropical forestry and biodiversity
conservation activities and energy programs aimed at reducing
greenhouse gas emissions: Provided, That such assistance shall be
subject to sections 116, 502B, and 620A of the Foreign Assistance Act
of 1961.
(c) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Agricultural
Trade Development and Assistance Act of 1954, may be used by the United
States Agency for International Development to employ up to 25 personal
services contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim support
for new or expanded overseas programs and activities managed by the
agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 10 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated
to carry out title II of the Agricultural Trade Development and
Assistance Act of 1954, may be made available only for personal
services contractors assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of section
1003 of Public Law 100-204 if the President determines and certifies in
writing to the Speaker of the House of Representatives and the
President pro tempore of the Senate that it is important to the
national security interests of the United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United
States Agency for International Development may provide an exception to
the fair opportunity process for placing task orders under such
contracts when the order is placed with any category of small or small
disadvantaged business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005
(enacted as division D of Public Law 108-447; 118 Stat. 3038) is
amended by striking ``and 2007'' and inserting ``through 2009''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(h) China Programs.--Notwithstanding any other provision of law, of
the funds appropriated under the heading ``Development Assistance'' in
this Act, not less than $10,000,000 shall be made available to United
States educational institutions and nongovernmental organizations for
programs and activities in the People's Republic of China relating to
the environment, democracy, and the rule of law: Provided, That funds
made available pursuant to this authority shall be subject to the
regular notification procedures of the Committees on Appropriations.
(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 608 of this
Act subject to the requirements contained in section 1(b) of
Public Law 107-57, as amended, for a determination and
certification, and consultation, by the President prior to the
exercise of such waiver authority.
(2) Notwithstanding the date contained in section 6 of
Public Law 107-57, as amended, the provisions of sections 2 and
4 of that Act shall remain in effect through the current fiscal
year.
(j) Middle East Foundation.--Funds appropriated by this Act and
prior Acts under the heading ``Economic Support Fund'' that are
available for the Middle East Partnership Initiative may be made
available, including as an endowment, notwithstanding any other
provision of law and following consultations with the Committees on
Appropriations, to establish and operate a Middle East Foundation, or
any other similar entity, whose purpose is to support democracy,
governance, human rights, and the rule of law in the Middle East
region: Provided, That such funds may be made available to the
Foundation only to the extent that the Foundation has commitments from
sources other than the United States Government to at least match the
funds provided under the authority of this subsection: Provided
further, That provisions contained in section 201 of the Support for
East European Democracy (SEED) Act of 1989 (excluding the
authorizations of appropriations provided in subsection (b) of that
section and the requirement that a majority of the members of the board
of directors be citizens of the United States provided in subsection
(d)(3(B) of that section) shall be deemed to apply to any such
foundation or similar entity referred to under this subsection, and to
funds made available to such entity, in order to enable it to provide
assistance for purposes of this section: Provided further, That prior
to the initial obligation of funds for any such foundation or similar
entity pursuant to the authorities of this subsection, other than for
administrative support, the Secretary of State shall take steps to
ensure, on an ongoing basis, that any such funds made available
pursuant to such authorities are not provided to or through any
individual or group that the management of the foundation or similar
entity knows or has reason to believe, advocates, plans, sponsors, or
otherwise engages in terrorist activities: Provided further, That
section 629 of this Act shall apply to any such foundation or similar
entity established pursuant to this subsection: Provided further, That
the authority of the Foundation, or any similar entity, to provide
assistance shall cease to be effective on September 30, 2010.
(k) Extension of Authority.--Section 1365(c) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 22
U.S.C. 2778 note) is amended by striking ``During the 16 year period
beginning on October 23, 1992'' and inserting ``During the 22 year
period beginning on October 23, 1992'' before the period at the end.
(l) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public Law
101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and 2007''
and inserting ``2007, and 2008''; and
(B) in subsection (e), by striking ``2007'' each
place it appears and inserting ``2008''; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ``2007'' and inserting ``2008''.
(m) World Food Program.--Of the funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance of the United States
Agency for International Development, from this or any other Act, not
less than $10,000,000 shall be made available as a general contribution
to the World Food Program, notwithstanding any other provision of law.
(n) Capital Security Cost-Sharing.--Notwithstanding any other
provision of law, of the funds appropriated under the heading ``Embassy
Security, Construction, and Maintenance'', not less than $2,000,000
shall be made available for the Capital Security Cost-Sharing fees of
the Library of Congress for fiscal year 2008.
(o) Demobilization, Disarmament, and Reintegration Assistance.--
Notwithstanding any other provision of law, policy or regulation, funds
appropriated by this Act and prior acts making appropriations for
foreign operations, export financing, and related programs may be made
available to support programs to demobilize, disarm, and reintegrate
into civilian society former combatants of foreign governments or
organizations who have renounced involvement or participation in such
organizations.
(p) Nongovernmental Organizations.--With respect to the provision
of assistance for democracy, human rights and governance activities,
the organizations implementing such assistance and the specific nature
of that assistance shall not be subject to the prior approval by the
government of any foreign country.
arab league boycott of israel
Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
eligibility for assistance
Sec. 636. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'': Provided, That before using
the authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations under the regular notification
procedures of those committees, including a description of the program
to be assisted, the assistance to be provided, and the reasons for
furnishing such assistance: Provided further, That nothing in this
subsection shall be construed to alter any existing statutory
prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b) Public Law 480.--During fiscal year 2008, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development and Assistance Act of 1954: Provided,
That none of the funds appropriated to carry out title I of such Act
and made available pursuant to this subsection may be obligated or
expended except as provided through the regular notification procedures
of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
reservations of funds
Sec. 637. (a) Funds appropriated under titles II through V of this
Act which are earmarked may be reprogrammed for other programs within
the same account notwithstanding the earmark if compliance with the
earmark is made impossible by operation of any provision of this or any
other Act: Provided, That any such reprogramming shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the same
terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
that are earmarked for particular programs or activities by this or any
other Act shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period of
availability: Provided, That such earmarked funds that are continued
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
(c) Ceilings and earmarks levels contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made
available by any subsequent Act unless such Act specifically so
directs. Earmarks or minimum funding requirements contained in any
other Act shall not be applicable to funds appropriated by this Act.
asia
Sec. 638. (a) Funding Levels.--Of the funds appropriated by this
Act under the headings ``Global Health Programs'' and ``Development
Assistance'', not less than the amount of funds initially allocated for
each such account pursuant to subsection 653(a) of the Foreign
Assistance Act of 1961 for fiscal year 2006 shall be made available for
Cambodia, Philippines, Vietnam, Asia and Near East Regional, and
Regional Development Mission/Asia: Provided, That for the purposes of
this subsection, ``Global Health Programs'' shall mean ``Child Survival
and Health Programs Fund''.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct the United
States executive director to each appropriate international
financial institution in which the United States participates,
to oppose and vote against the extension by such institution
any loan or financial or technical assistance or any other
utilization of funds of the respective bank to and for Burma.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $11,000,000 shall be
made available to support democracy activities in Burma, along
the Burma-Thailand border, for activities of Burmese student
groups and other organizations located outside Burma, and for
the purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That funds made available under this heading may be
made available notwithstanding any other provision of law:
Provided further, That in addition to assistance for Burmese
refugees provided under the heading ``Migration and Refugee
Assistance'' in this Act, not less than $3,000,000 shall be
made available for community-based organizations operating in
Thailand to provide food, medical and other humanitarian
assistance to internally displaced persons in eastern Burma:
Provided further, That funds made available under this heading
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the United
States to support projects in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of
Tibetan land and natural resources to non-Tibetans; are based
on a thorough needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions; and
are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not less
than $5,000,000 of the funds appropriated by this Act under the
heading ``Economic Support Fund'' should be made available to
nongovernmental organizations to support activities which
preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan
communities in the Tibetan Autonomous Region and in other
Tibetan communities in China, and not less than $250,000 should
be made available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
prohibition on publicity or propaganda
Sec. 639. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by the
Congress.
prohibition of payments to united nations members
Sec. 640. None of the funds appropriated or made available pursuant
to this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961, the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
requests for documents
Sec. 641. (a) None of the funds appropriated or made available
pursuant to this Act shall be available to a nongovernmental
organization, including any contractor, which fails to provide upon
timely request any document, file, or record necessary to the auditing
requirements of the United States Agency for International Development.
(b) Notwithstanding any other provision of law or regulation, the
Administrator of the United States Agency for International Development
shall provide to the Committees on Appropriations, on a timely basis,
such information on the obligation and expenditure of funds
appropriated by this Act and prior Acts, pursuant to grants,
cooperative agreements, and contracts entered into or financed by the
agency, as may be requested by the Committee on Appropriations to
satisfy oversight responsibilities of those Committees.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 642. (a) None of the funds appropriated or otherwise made
available by this Act may be available to any foreign government which
provides lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act of 1979. The
prohibition under this section with respect to a foreign government
shall terminate 12 months after that government ceases to provide such
military equipment. This section applies with respect to lethal
military equipment provided under a contract entered into after October
1, 1997.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the President makes a determination pursuant to
subsection (b), the President shall submit to the appropriate
congressional committees a report with respect to the furnishing of
such assistance. Any such report shall include a detailed explanation
of the assistance to be provided, including the estimated dollar amount
of such assistance, and an explanation of how the assistance furthers
United States national interests.
withholding of assistance for parking fines and real property taxes
owed by foreign countries
Sec. 643. (a) Subject to subsection (c), of the funds appropriated
under titles II through V by this Act that are made available for
assistance for a foreign country, an amount equal to 110 percent of the
total amount of the unpaid fully adjudicated parking fines and
penalties and unpaid property taxes owed by the central government of
such country shall be withheld from obligation for assistance for the
central government of such country until the Secretary of State submits
a certification to the Committees on Appropriations stating that such
parking fines and penalties and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may
be made available for other programs or activities funded by this Act,
after consultation with and subject to the regular notification
procedures of the Committees on Appropriations, provided that no such
funds shall be made available for assistance for the central government
of a foreign country that has not paid the total amount of the fully
adjudicated parking fines and penalties and unpaid property taxes owed
by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set forth
in subsection (a) with respect to parking fines and penalties no sooner
than 60 days from the date of enactment of this Act, or at any time
with respect to a particular country, if the Secretary determines that
it is in the national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State, after
consultations with the City of New York, shall submit a report to the
Committees on Appropriations describing a strategy, including a
timetable and steps currently being taken, to collect the parking fines
and penalties and unpaid property taxes and interest owed by nations
receiving foreign assistance under this Act.
(f) In this section:
(1) The term ``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.
(2) 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, 2007.
(3) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 644. None of the funds appropriated by this Act may be
obligated for assistance for the Palestine Liberation Organization for
the West Bank and Gaza unless the President has exercised the authority
under section 604(a) of the Middle East Peace Facilitation Act of 1995
(title VI of Public Law 104-107) or any other legislation to suspend or
make inapplicable section 307 of the Foreign Assistance Act of 1961 and
that suspension is still in effect: Provided, That if the President
fails to make the certification under section 604(b)(2) of the Middle
East Peace Facilitation Act of 1995 or to suspend the prohibition under
other legislation, funds appropriated by this Act may not be obligated
for assistance for the Palestine Liberation Organization for the West
Bank and Gaza.
war crimes tribunals drawdown
Sec. 645. If the President determines that doing so will contribute
to a just resolution of charges regarding genocide or other violations
of international humanitarian law, the President may direct a drawdown
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
to $30,000,000 of commodities and services for the United Nations War
Crimes Tribunal established with regard to the former Yugoslavia by the
United Nations Security Council or such other tribunals or commissions
as the Council may establish or authorize to deal with such violations,
without regard to the ceiling limitation contained in paragraph (2)
thereof: Provided, That the determination required under this section
shall be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available for tribunals other
than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be
made available subject to the regular notification procedures of the
Committees on Appropriations.
landmines
Sec. 646. Notwithstanding any other provision of law, demining
equipment available to the United States Agency for International
Development and the Department of State and used in support of the
clearance of landmines and unexploded ordnance for humanitarian
purposes may be disposed of on a grant basis in foreign countries,
subject to such terms and conditions as the President may prescribe.
restrictions concerning the palestinian authority
Sec. 647. None of the funds appropriated by this Act may be
obligated or expended to create in any part of Jerusalem a new office
of any department or agency of the United States Government for the
purpose of conducting official United States Government business with
the Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration
of Principles: Provided, That this restriction shall not apply to the
acquisition of additional space for the existing Consulate General in
Jerusalem.
prohibition of payment of certain expenses
Sec. 648. None of the funds appropriated or otherwise made
available by this Act under the heading ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', and ``Economic Support Fund''
may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
western hemisphere
Sec. 649. (a) Central America.--Of the funds appropriated by this
Act under the headings ``Global Health Programs'' and ``Development
Assistance'', not less than the amount of funds initially allocated for
each such account pursuant to section 653(a) of the Foreign Assistance
Act of 1961 for fiscal year 2006 shall be made available for El
Salvador, Guatemala, Nicaragua, Honduras, Ecuador, Peru, Bolivia,
Brazil, Latin America and Caribbean Regional, Central America Regional,
and South America Regional: Provided, That for the purposes of this
subsection, ``Global Health Programs'' shall mean ``Child Survival and
Health Programs Fund''.
(b)(1) Haiti.--Of the funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund'', not
less than $106,200,000 shall be made available for assistance for
Haiti, of which not less than $5,000,000 shall be for programs to
improve court administration and reduce pre-trial detention and of
which not less than $5,000,000 shall be made available for watershed
remediation and reforestation activities.
(2) 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) 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 the United Nations
Mission in Haiti has ensured that any members of the Haitian National
Police who have been credibly alleged to have committed serious crimes,
including drug trafficking and human rights violations, have been
suspended.
(c) Dominican Republic.--Of the funds appropriated by this Act
under the headings ``Global Health Programs'' and ``Development
Assistance'', not less than $23,600,000 shall be made available for
assistance for the Dominican Republic, of which not less than
$5,000,000 shall be made available for basic health care, nutrition,
sanitation, education, and shelter for migrant sugar cane workers and
other residents of batey communities.
limitation on assistance to the palestinian authority
Sec. 650. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with
respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Committees on
Appropriations that waiving such prohibition is important to the
national security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed.
limitation on assistance to security forces
Sec. 651. Chapter 1 of part III of the Foreign Assistance Act of
1961 is amended by adding the following section:
``SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.
``(a) In General.--No assistance shall be furnished under this Act
or the Arms Export Control Act to any unit of the security forces of a
foreign country if the Secretary of State has credible evidence that
such unit has committed gross violations of human rights.
``(b) Exception.--The prohibition in subsection (a) shall not apply
if the Secretary determines and reports to the Committee on Foreign
Relations of the Senate, the Committee on Foreign Affairs of the House
of Representatives, and the Committees on Appropriations that the
government of such country is taking effective measures to bring the
responsible members of the security forces unit to justice.
``(c) Duty to Inform.--In the event that funds are withheld from
any unit pursuant to this section, the Secretary of State shall
promptly inform the foreign government of the basis for such action and
shall, to the maximum extent practicable, assist the foreign government
in taking effective measures to bring the responsible members of the
security forces to justice.''.
foreign military training report
Sec. 652. The annual foreign military training report required by
section 656 of the Foreign Assistance Act of 1961 shall be submitted by
the Secretary of Defense and the Secretary of State to the Committees
on Appropriations by the date specified in that section.
authorization requirement
Sec. 653. Funds appropriated by this Act, except funds appropriated
under the headings ``Trade and Development Agency'' and ``Overseas
Private Investment Corporation'', may be obligated and expended
notwithstanding section 10 of Public Law 91-672 and section 15 of the
State Department Basic Authorities Act of 1956.
avian influenza preparedness
Sec. 654. Notwithstanding any other provision of law except section
551 of Public Law 109-102, of the funds appropriated by this Act under
the heading ``Foreign Military Financing Program'', $12,500,000 shall
be made available to enhance the preparedness of militaries in Asia and
Africa to respond to an avian influenza pandemic, and of the funds
appropriated by this Act under the heading ``Peacekeeping Operations'',
$12,500,000 shall be transferred to, and merged with, funds made
available under the heading ``Foreign Military Financing Program'' to
be used for this purpose.
palestinian statehood
Sec. 655. (a) Limitation on Assistance.--None of the funds
appropriated by this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the
appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a 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, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to establish a just, lasting, and comprehensive peace in
the Middle East that will enable Israel and an independent
Palestinian state to exist within the context of full and
normal relationships, which should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security interests of
the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 650 of this Act (``Limitation on Assistance to the Palestinian
Authority'').
colombia
Sec. 656. (a) Funding.--Funds appropriated by this Act that are
available for assistance for Colombia shall be made available in the
amounts indicated in the table in the accompanying report.
(b) Determination and Certification Required.--Funds appropriated
by this Act that are available for assistance for the Colombian Armed
Forces, may be made available as follows:
(1) Up to 70 percent of such funds may be obligated prior
to the certification and report by the Secretary of State
pursuant to paragraph (2).
(2) Up to 15 percent of such funds may be obligated only
after the Secretary of State consults with, and subsequently
certifies and submits a written report to, the Committees on
Appropriations 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, the Attorney General 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 or
successor armed groups.
(B) The Colombian Government is vigorously
investigating and prosecuting, in the civilian justice
system, 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 or successor armed groups,
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
such organizations or successor groups.
(C) The Colombian Armed Forces are cooperating
fully with civilian prosecutors and judicial
authorities in such cases (including providing
requested information, such as the identity of persons
suspended from the Armed Forces and the nature and
cause of the suspension, and access to witnesses,
relevant military documents, and other requested
information).
(D) The Colombian Armed Forces have taken all
necessary steps to sever 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 and
successor armed groups, especially in regions where
such organizations or successor groups have a
significant presence.
(E) The Colombian Government is dismantling
paramilitary leadership and financial networks by
arresting and prosecuting under civilian criminal law
individuals who have provided financial, planning, or
logistical support, or have otherwise aided or abetted
paramilitary organizations or successor armed groups,
by identifying and confiscating land and other assets
illegally acquired by such organizations or their
associates and returning such land or assets to their
rightful owners, by revoking reduced sentences for
demobilized paramilitaries who engage in new criminal
activity, and by arresting, prosecuting under civilian
criminal law, and when requested, promptly extraditing
to the United States members of successor armed groups.
(F) The Colombian Armed Forces are not violating
the land and property rights of Colombia's indigenous
and Afro-Colombian communities, and are distinguishing
between civilians, including displaced persons, and
combatants in their operations.
(3) The balance of such funds may be obligated after July
31, 2008, if, before such date, the Secretary of State consults
with, and subsequently certifies and submits a written report
to, the Committees on Appropriations, that the Colombian Armed
Forces are continuing to meet the conditions contained in
paragraph (2) and are conducting vigorous operations to restore
civilian government authority and respect for human rights in
areas under the effective control of paramilitary organizations
or successor armed groups and guerrilla organizations.
(c) Report.--The reports required by subsections (a)(2) and (a)(3)
of this section shall contain, with respect to each such subsection, a
detailed description of the actions taken by the Colombian Government
or Armed Forces which support each requirement of the certification,
and the cases or issues brought to the attention of the Secretary for
which the actions taken by the Colombian Government or Armed Forces
have been inadequate.
(d) Congressional Notification.--Funds made available by this Act
for the Colombian Armed Forces shall be subject to the regular
notification procedures of the Committees on Appropriations.
(e) 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 Colombian and
internationally recognized human rights organizations regarding
progress in meeting the conditions contained in subsection (a).
(f) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted'' means
to provide any support to paramilitary or successor armed
groups, including taking actions which allow, facilitate, or
otherwise foster the activities of such groups.
(2) Paramilitary groups.--The term ``paramilitary groups''
means illegal self-defense groups and illegal security
cooperatives, including those groups and cooperatives that have
formerly demobilized but continue illegal operations, as well
as parts thereof.
illegal armed groups
Sec. 657. (a) Denial of Visas.--Subject to subsection (b), the
Secretary of State shall not issue a visa to any alien who the
Secretary determines, based on credible evidence--
(1) has willfully provided any support to the Revolutionary
Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC), or
successor armed groups, including taking actions or failing to
take actions which allow, facilitate, or otherwise foster the
activities of such groups; or
(2) has committed, ordered, incited, assisted, or otherwise
participated in the commission of gross violations of human
rights, including extra-judicial killings, in Colombia.
(b) Waiver.--Subsection (a) shall not apply if the Secretary of
State certifies and reports to the appropriate congressional
committees, on a case-by-case basis, that the issuance of a visa to the
alien is necessary to support the peace process in Colombia or for
humanitarian reasons.
west bank and gaza assistance
Sec. 658. (a) Vetting.--Prior to the obligation of funds
appropriated by this Act under the heading ``Economic Support Fund''
for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity, or
educational institution that the Secretary knows or has reason to
believe advocates, plans, sponsors, engages in, or has engaged in,
terrorist activity. The Secretary of State shall terminate assistance
to any individual, entity, or educational institution which the
Secretary has determined to be involved in or advocating terrorist
activity.
(b) 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.
(c) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and subgrantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for the West Bank and Gaza, up to $500,000 may be
used by the Office of the Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection. Such funds are in addition to
funds otherwise available for such purposes.
war criminals
Sec. 659. (a)(1) None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance,
and the Secretary of the Treasury shall instruct the United States
executive directors to the international financial institutions to vote
against any new project involving the extension by such institutions of
any financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as determined by
the Secretary of State, to take necessary and significant steps to
implement its international legal obligations to apprehend and transfer
to the International Criminal Tribunal for the former Yugoslavia (the
``Tribunal'') all persons in their territory who have been indicted by
the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for
investigators to archives and witnesses, the provision of
documents, and the surrender and transfer of indictees or
assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 10 days before any vote in an international
financial institution regarding the extension of any new project
involving financial or technical assistance or grants to any country or
entity described in subsection (a), the Secretary of the Treasury, in
consultation with the Secretary of State, shall provide to the
Committees on Appropriations a written justification for the proposed
assistance, including an explanation of the United States position
regarding any such vote, as well as a description of the location of
the proposed assistance by municipality, its purpose, and its intended
beneficiaries.
(d) In carrying out this section, the Secretary of State, the
Administrator of the United States Agency for International
Development, and the Secretary of the Treasury shall consult with
representatives of human rights organizations and all government
agencies with relevant information to help prevent indicted war
criminals from benefiting from any financial or technical assistance or
grants provided to any country or entity described in subsection (a).
(e) The Secretary of State may waive the application of subsection
(a) with respect to projects within a country, entity, or municipality
upon a written determination to the Committees on Appropriations that
such assistance directly supports the implementation of the Dayton
Accords.
(f) Definitions.--As used in this section:
(1) Country.--The term ``country'' means Bosnia and
Herzegovina, Croatia and Serbia.
(2) Entity.--The term ``entity'' refers to the Federation
of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
Srpska.
(3) Municipality.--The term ``municipality'' means a city,
town or other subdivision within a country or entity as defined
herein.
(4) Dayton accords.--The term ``Dayton Accords'' means the
General Framework Agreement for Peace in Bosnia and
Herzegovina, together with annexes relating thereto, done at
Dayton, November 10 through 16, 1995.
user fees
Sec. 660. The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial institution
(as defined in section 1701(c)(2) of the International Financial
Institutions Act) and the International Monetary Fund to oppose any
loan, grant, strategy or policy of these institutions that would
require user fees or service charges on poor people for primary
education or primary healthcare, including prevention and treatment for
HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-
being, in connection with the institutions' financing programs.
funding for serbia
Sec. 661. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Serbia after May 31, 2008,
if the President has made the determination and certification contained
in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury should
instruct the United States executive directors to the international
financial institutions to support loans and assistance to the
Government of Serbia subject to the conditions in subsection (c).
(c) The determination and certification referred to in subsection
(a) is a determination by the President and a certification to the
Committees on Appropriations that the Government of Serbia is--
(1) cooperating with the International Criminal Tribunal
for the former Yugoslavia including access for investigators,
the provision of documents, timely information on the location,
movement, and sources of financial support of indictees, and
the surrender and transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Radovan Karadzic;
(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 Kosovo, humanitarian assistance
or assistance to promote democracy.
community-based police assistance
Sec. 662. (a) Authority.--Funds made available by this Act to carry
out the provisions of chapter 1 of part I and chapter 4 of part II of
the Foreign Assistance Act of 1961, may be used, notwithstanding
section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, strategic
planning, and through assistance to foster civilian police roles that
support democratic governance including assistance for programs to
prevent conflict, respond to disasters, address gender-based violence,
and foster improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
special debt relief for the poorest
Sec. 663. (a) Authority To Reduce Debt.--The President may reduce
amounts owed to the United States (or any agency of the United States)
by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the
Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms
Export Control Act; or
(3) any obligation or portion of such obligation, to pay
for purchases of United States agricultural commodities
guaranteed by the Commodity Credit Corporation under export
credit guarantee programs authorized pursuant to section 5(f)
of the Commodity Credit Corporation Charter Act of June 29,
1948, as amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of the
Agricultural Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt relief
and referendum agreements, commonly referred to as ``Paris Club
Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised only in such amounts or to such extent as is provided
in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be
exercised only with respect to countries with heavy debt
burdens that are eligible to borrow from the International
Development Association, but not from the International Bank
for Reconstruction and Development, commonly referred to as
``IDA-only'' countries.
(c) Conditions.--The authority provided by subsection (a) may be
exercised only with respect to a country whose government--
(1) does not have an excessive level of military
expenditures;
(2) has not repeatedly provided support for acts of
international terrorism;
(3) is not failing to cooperate on international narcotics
control matters;
(4) (including its military or other security forces) does
not engage in a consistent pattern of gross violations of
internationally recognized human rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to the funds appropriated by this Act
under the heading ``Debt Restructuring''.
(e) Certain Prohibitions Inapplicable.--A reduction of debt
pursuant to subsection (a) shall not be considered assistance for the
purposes of any provision of law limiting assistance to a country. The
authority provided by subsection (a) may be exercised notwithstanding
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
the International Development and Food Assistance Act of 1975.
authority to engage in debt buybacks or sales
Sec. 664. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only
for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its
own qualified debt, only if the eligible country uses
an additional amount of the local currency of the
eligible country, equal to not less than 40 percent of
the price paid for such debt by such eligible country,
or the difference between the price paid for such debt
and the face value of such debt, to support activities
that link conservation and sustainable use of natural
resources with local community development, and child
survival and other child development, in a manner
consistent with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition
of any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale, reduction,
or cancellation of a loan pursuant to this section. Such agency
shall make adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``Debt Restructuring''.
reconciliation programs
Sec. 665. Of the funds appropriated under the heading ``Economic
Support Fund'', not less than $20,000,000 shall be made available to
support reconciliation programs and activities which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil conflict and war.
sudan
Sec. 666. (a) Limitation on Assistance.--Subject to subsection (b):
(1) Notwithstanding section 501(a) of the International
Malaria Control Act of 2000 (Public Law 106-570) or any other
provision of law, none of the funds appropriated by this Act
may be made available for assistance for the Government of
Sudan.
(2) None of the funds appropriated by this Act may be made
available for the cost, as defined in section 502, of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees held by the Government of Sudan, including the cost
of selling, reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees, and
credit agreements.
(b) Subsection (a) shall not apply if the Secretary of State
determines and certifies and reports to the Committees on
Appropriations that--
(1) the Government of Sudan is honoring its pledges to
cease attacks upon civilians and has disarmed and demobilized
the Janjaweed and other government-supported militias;
(2) the Government of Sudan and all government-supported
militia groups are honoring their commitments made in all
previous cease-fire agreements; 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 (a) shall not apply
to--
(1) humanitarian assistance;
(2) assistance for Darfur and for areas outside the control
of the Government of Sudan; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace Agreement or
any other internationally-recognized peace agreement in Sudan.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of Southern
Sudan.
transparency and accountability
Sec. 667. (a) United Nations Development Program.--Prior to the
initial obligation of funds appropriated in this Act under the heading
``International Organizations and Programs'' for a United States
contribution to the United Nations Development Program (UNDP), the
Secretary of State shall certify and report to the Committees on
Appropriations that UNDP is--
(1) giving adequate and appropriate access to information
to the United States Mission to the United Nations regarding
UNDP's programs and activities, as requested, including in
North Korea and Burma;
(2) conducting appropriate oversight of UNDP programs and
activities globally; and
(3) implementing the whistleblower protection policy
established by the United Nations Secretariat in December 2005.
(b) World Bank.--Twenty percent of the funds appropriated by this
Act under the heading ``International Development Association'' shall
be withheld from disbursement until the Secretary of the Treasury
reports to the Committees on Appropriations that--
(1) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of senior World
Bank personnel, including those at the level of managing
director, vice president, and above;
(2) the World Bank has established a plan and maintains a
schedule for conducting regular, independent audits of internal
management controls and procedures for meeting operational
objectives, and is making reports describing the scope and
findings of such audits available to the public;
(3) the World Bank is adequately staffing and sufficiently
funding the Department of Institutional Integrity;
(4) the World Bank has made publicly available the
Department of Institutional Integrity's November 23, 2005
``Report of Investigation into Reproductive and Child Health I
Project Credit N0180 India'' and any subsequent detailed
implementation review, and is implementing the recommendations
of the Department of Institutional Integrity regarding this
project, including recommendations concerning the prosecution
of individuals engaged in corrupt practices; and
(5) the World Bank has made publicly available the ``Volker
Panel'' report regarding the review and evaluation of the
mandate and authorities, policies, procedures, practices,
independence, reporting lines, and oversight mechanisms of the
World Bank's Department of Institutional Integrity.
(c) Report.--The Comptroller General of the United States shall
conduct an assessment of the financial management and oversight of
programs and activities funded under the headings ``Millennium
Challenge Corporation'', ``Global Health Programs'' (for HIV/AIDS
programs), and ``Global HIV/AIDS Initiative'' in this Act and prior
Acts making appropriations for foreign operations, export financing,
and related programs. The assessment shall include an examination of
donor coordination efforts, and recommendations for improving financial
oversight of such programs and activities.
(d) National Budget Transparency.--(1) None of the funds
appropriated by this Act may be made available for assistance for the
central government of any country that fails to make publicly available
on an annual basis its national budget, to include income and
expenditures.
(2) The Secretary of State may waive subsection (d)(1) on a
country-by-country basis if the Secretary reports to the
Committees on Appropriations that to do so is important to the
national interests of the United States.
(3) The reporting requirement pursuant to section 585(b) of
Public Law 108-7 regarding fiscal transparency and
accountability in countries whose central governments receive
United States foreign assistance shall apply to this Act.
excess defense articles for central and south european countries and
certain other countries
Sec. 668. Notwithstanding section 516(e) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008, funds
available to the Department of Defense may be expended for crating,
packing, handling, and transportation of excess defense articles
transferred under the authority of section 516 of such Act to Albania,
Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of
Macedonia, Georgia, India, Iraq, Latvia, Lithuania, Moldova, Mongolia,
Pakistan, Romania, Slovakia, and Ukraine.
zimbabwe
Sec. 669. The Secretary of the Treasury shall instruct the United
States executive director to each international financial institution
to vote against any extension by the respective institution of any
loans to the Government of Zimbabwe, except to meet basic human needs
or to promote democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of law has
been restored in Zimbabwe, including respect for ownership and title to
property, freedom of speech and association.
development grants program
Sec. 670. (a) Establishment of the Program.--There is established
within the United States Agency for International Development (USAID) a
Development Grants Program (DGP) to provide small grants to United
States and indigenous nongovernmental organizations for the purpose of
carrying out the provisions of chapters 1 and 10 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961.
(b) Eligibility for Grants.--Grants from the DGP shall be made only
for proposals of nongovernmental organizations identified in the report
accompanying this Act that are recommended for consideration for
funding by that report, and for proposals of other nongovernmental
organizations that apply.
(c) Competition.--To the maximum extent practicable, grants made
pursuant to the authority of this section shall be open, transparent
and competitive.
(d) Size of Program and Individual Grants.--
(1) Of the funds appropriated by this Act to carry out
chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961, not less than $50,000,000 shall be made
available for purposes of this section: Provided, That not more
than 50 percent of this amount shall be derived from funds
appropriated to carry out chapter 1 of part I of such Act.
(2) No individual grant, or grant amendment, made pursuant
to this section shall exceed $2,000,000.
(e) Availability of Other Funds.--Funds made available under this
section are in addition to other funds available for such purposes
including funds designated by this Act by section 665, Reconciliation
Programs.
(f) Definition.--For purposes of this section, the term
``nongovernmental organization'' means a private and voluntary
organization or for-profit entity, and shall not include entities owned
in whole or in part by a government or governmental entity.
(g) Report.--Within 90 days from the date of enactment of this Act,
and after consultation with the Committees on Appropriations, the
Administrator of USAID shall submit a report to those Committees
describing the procedures and mechanisms USAID will use to implement
this section.
monitoring of military assistance
Sec. 671. Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the procedures being applied, on a country-by-
country basis, to monitor whether funds appropriated by this Act under
the heading ``Foreign Military Financing Program'' for assistance for
Bangladesh, Democratic Republic of the Congo, Ethiopia, Pakistan,
Philippines, and Sri Lanka, are misused by units of the security forces
of such countries against civilians, including civilians who are
members of political opposition parties and human rights groups.
disaster assistance and recovery
Sec. 672. (a) Funds made available to the Comptroller General under
chapter 4 of title I of the Emergency Supplemental Appropriations Act
(Public Law 106-31; 113 Stat. 69) and section 593 of the Foreign
Operations, Export Financing, and Programs Agencies Appropriations Act,
2001 (Public Law 106-429; 114 Stat. 1900A-59) to monitor the provisions
of assistance to address the effects of hurricanes in Central America
and the Caribbean and the earthquake in Colombia, and to monitor the
earthquake relief and reconstruction efforts in El Salvador under
section 561 of the Foreign Operations, Export Financing, and Programs
Agencies Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2162)
shall also be available to the Comptroller General to monitor any other
disaster assistance and recovery effort.
(b) This section shall apply with respect to fiscal year 2008 and
each year thereafter.
united states agency for international development management
(including transfer of funds)
Sec. 673. (a) Authority.--Up to $81,000,000 of the funds made
available in this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Eastern Europe and the Baltic States'', may be
used by the United States Agency for International Development (USAID)
to hire and employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections 308 and
309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.
(c) Conditions.--The authority of subsection (a) may only be used
to the extent that an equivalent number of positions that are filled by
personal services contractors or other nondirect-hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States'', are eliminated.
(d) Priority Sectors.--In exercising the authority of this section,
primary emphasis shall be placed on enabling USAID to meet personnel
positions in technical skill areas currently encumbered by contractor
or other nondirect-hire personnel.
(e) Consultations.--The USAID Administrator shall consult with the
Committees on Appropriations at least on a quarterly basis concerning
the implementation of this section.
(f) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which such individual's responsibilities
primarily relate. Funds made available to carry out this section may be
transferred to and merged and consolidated with funds appropriated for
``Operating Expenses of the United States Agency for International
Development''.
(g) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise available
for such purposes, up to $15,000,000 to fund overseas support costs of
members of the Foreign Service with a Foreign Service rank of four or
below: Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other nondirect-
hire employees compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Eastern Europe and the Baltic
States''.
(h) Disaster Surge Capacity.--Funds appropriated by this Act to
carry out part I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Eastern Europe and the
Baltic States'', may be used, in addition to funds otherwise available
for such purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States Agency for
International Development whose primary responsibility is to carry out
programs in response to natural disasters.
opic transfer authority
(including transfer of funds)
Sec. 674. Whenever the President determines that it is in
furtherance of the purposes of the Foreign Assistance Act of 1961, up
to a total of $20,000,000 of the funds appropriated under title II of
this Act may be transferred to and merged with funds appropriated by
this Act for the Overseas Private Investment Corporation Program
Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall not be available for administrative
expenses of the Overseas Private Investment Corporation: Provided
further, That funds earmarked by this Act shall not be transferred
pursuant to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
reporting requirement
Sec. 675. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2008, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', and ``Peacekeeping Operations'':
Provided, That such report shall include a description of the
obligation and expenditure of funds, and the specific country in
receipt of, and the use or purpose of the assistance provided by such
funds.
environment and energy conservation programs
Sec. 676. (a) Biodiversity.--Of the funds appropriated under the
heading ``Development Assistance'', not less than $195,000,000 shall be
made available for programs and activities which directly protect
biodiversity, including forests, in developing countries, of which not
less than the amount of funds initially allocated pursuant to section
653(a) of the Foreign Assistance Act of 1961 for fiscal year 2006 shall
be made available for such activities in Brazil, Colombia, Ecuador,
Peru and Bolivia, and that in addition to such amounts for such
countries not less than $15,000,000 shall be made available for the
United States Agency for International Development's Amazon Basin
Conservation Initiative: Provided, That of the funds appropriated by
this Act, not less than $2,000,000 should be made available for
wildlife conservation and protected area management in the Boma-Jonglei
landscape of Southern Sudan, and not less than $17,500,000 shall be
made available for the Congo Basin Forest Partnership of which not less
than $2,500,000 shall be made available to the United States Fish and
Wildlife Service for wildlife conservation programs in Central Africa.
(b) Energy.--
(1) Of the funds appropriated by this Act, not less than
$195,000,000 shall be made available to support clean energy
and other climate change programs in developing countries, of
which not less than $125,000,000 should be made available to
directly promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies with an
emphasis on small hydro, solar and wind energy, and of which
the balance should be made available to directly: (1) reduce
greenhouse gas emissions; (2) increase carbon sequestration
activities; and (3) support climate change mitigation and
adaptation programs.
(2) The Secretary of State shall convene an interagency
committee, including appropriate officials of the Department of
State, the United States Agency for International Development,
and the Environmental Protection Agency, to evaluate the
specific needs of developing countries in adapting to climate
change impacts: Provided, That the Secretary shall submit a
report to the Committees on Appropriations not later than
September 1, 2008, describing such needs, on a country-by-
country and regional basis, and the actions planned and being
taken by the United States, including funding provided to
developing countries specifically for adaptation to climate
change impacts.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions and the
public that it is the policy of the United States that any
assistance by such institutions (including but not limited to
any loan, credit, grant, or guarantee) for the extraction and
export of oil, gas, coal, timber, or other natural resource
should not be provided unless the government of the country has
in place functioning systems for: (A) accurately accounting for
revenues and expenditures in connection with the extraction and
export of the type of natural resource to be extracted or
exported; (B) the independent auditing of such accounts and the
widespread public dissemination of the audits; and (C)
verifying government receipts against company payments
including widespread dissemination of such payment information,
and disclosing such documents as Host Government Agreements,
Concession Agreements, and bidding documents, allowing in any
such dissemination or disclosure for the redaction of, or
exceptions for, information that is commercially proprietary or
that would create competitive disadvantage.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations describing, for each international
financial institution, the amount and type of assistance
provided, by country, for the extraction and export of oil,
gas, coal, timber, or other national resource since September
30, 2007, and whether each institution considered, in its
proposal for such assistance, the extent to which the country
has functioning systems described in paragraph (c)(1).
(d) Funds appropriated under titles II, III and IV of this Act
shall to the maximum extent practicable, be subject to the provisions
of section 117 (relating to environment and natural resources) of the
Foreign Assistance Act of 1961.
uzbekistan
Sec. 677. (a) Limitation on Assistance.--Funds appropriated by this
Act may be made available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and reports to the
Committees on Appropriations that--
(1) the Government of Uzbekistan is making substantial and
continuing progress in meeting its commitments under the
``Declaration on the Strategic Partnership and Cooperation
Framework Between the Republic of Uzbekistan and the United
States of America'', including respect for human rights,
establishing a genuine multi-party system, and ensuring free
and fair elections, freedom of expression, and the independence
of the media; and
(2) a credible international investigation of the May 13,
2005, shootings in Andijan is underway with the support of the
Government of Uzbekistan.
(b) Sanctions.--Not later than 90 days after the date of enactment
of this Act, the Secretary of State shall send to the appropriate
congressional committees a list of officials of the Government of
Uzbekistan and their immediate family members who the Secretary has
credible evidence to believe have been involved in the Andijan massacre
or in other gross violations of human rights in Uzbekistan;
(c) Imposition of Sanctions.--Not later than 10 days after the list
described in subsection (b) is submitted to the appropriate
congressional committees, the following sanctions shall apply:
(1) Any individual on the list submitted under subsection
(b) shall be ineligible for a visa to enter the United States.
(2) No property or interest in property belonging to an
individual on the list submitted under subsection (b), or to a
member of the immediate family of such individual if the
property is effectively under the control of such individual,
may be transferred, paid, exported, withdrawn, or otherwise
dealt with, if the property is within the United States or
within the possession or control of a United States person,
including the overseas branch of such person, or after the date
of the enactment of this Act comes within the control of such
person.
(3) No United States person may engage in financial
transactions with an individual on the list submitted under
subsection (b), or with a member of the immediate family of
such individual if the transaction will benefit an individual
on the list submitted under subsection (b).
(c) Freezing of Assets.--
(1) In general.--The Secretary of the Treasury shall
immediately block any assets, property, transactions in foreign
exchange, currency, or securities, and transfers of credit or
payments between, by, through, or to any banking institution
under the jurisdiction of the United States of an individual
identified under subsection (b) of this section.
(2) Reporting requirement.--Not later than 15 days after a
decision to freeze the assets identified in this subsection of
any individual identified under subsection (b), the Secretary
of the Treasury shall--
(A) report the name of such individual to the
Committees on Appropriations; and
(B) require any United States financial institution
holding such funds or assets to promptly report those
funds and assets to the Office of Foreign Assets
Control.
central asia
Sec. 678. (a) Funds appropriated by this Act may be made available
for assistance for the Government of Kazakhstan only if the Secretary
of State determines and reports to the Committees on Appropriations
that the Government of Kazakhstan has made significant improvements in
the protection of human rights during the preceding 6 month period.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on Appropriations
that such a waiver is important to the national security of the United
States.
(c) Not later than October 1, 2008, the Secretary of State shall
submit a report to the Committees on Appropriations and the Committee
on Foreign Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives describing the following:
(1) The defense articles, defense services, and financial
assistance provided by the United States to the countries of
Central Asia during the 12-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) For purposes of this section, the term ``countries of Central
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
Turkmenistan.
disability programs
Sec. 679. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $4,000,000 shall be
made available for programs and activities administered by the United
States Agency for International Development (USAID) to address the
needs and protect the rights of people with disabilities in developing
countries, of which $1,500,000 should be made available to disability
advocacy organizations that have expertise in working to protect the
rights and increasing the independence and full participation of people
with disabilities: Provided, That funds for disability advocacy
organizations should be used for training and technical assistance for
foreign disabled persons organizations in such areas as advocacy,
education, independent living, and transportation, with the goal of
promoting equal participation of people with disabilities in developing
countries: Provided further, That USAID should seek to disburse at
lease 25 percent of the funds made available pursuant to this
subsection in the form of small grants.
(b) Funds appropriated under the heading ``Operating Expenses of
the United States Agency for International Development'' shall be made
available to develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal participation of
people with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury, and the
Administrator of USAID shall seek to ensure that, where appropriate,
construction projects funded by this Act are accessible to people with
disabilities and in compliance with the USAID Policy on Standards for
Accessibility for the Disabled, or other similar accessibility
standards.
(d) Of the funds made available pursuant to subsection (a), not
more than 7 percent may be for management, oversight and technical
support.
(e) Not later than 180 days after the date of enactment of this
Act, and 180 days thereafter, the Administrator of USAID shall submit a
report describing the programs, activities, and organizations funded
pursuant to this section.
neglected tropical diseases
Sec. 680. Of the funds appropriated under the heading ``Global
Health Programs'', not less than $15,000,000 shall be made available
for continued support of the United States Agency for International
Development's cooperative agreement to implement an integrated response
to the control of neglected diseases including intestinal parasites,
schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and
leprosy: Provided, That the Administrator of the United States Agency
for International Development shall work with relevant technical
organizations addressing the specific diseases, recipient countries,
donor countries, the private sector, UNICEF and the World Health
Organization to develop a multilateral, integrated initiative to
control these diseases that will enhance coordination and effectiveness
and maximize the leverage of United States contributions with those of
other donors: Provided further, That funds made available pursuant to
this section shall be subject to the regular notification procedures of
the Committees on Appropriations.
orphans, displaced and abandoned children
Sec. 681. Of the funds appropriated under title III of this Act,
$3,000,000 should be made available for activities to improve the
capacity of foreign government agencies and nongovernmental
organizations to prevent child abandonment, address the needs of
orphans, displaced and abandoned children and provide permanent homes
through family reunification, guardianship and domestic adoptions:
Provided, That funds made available under title III of this Act should
be made available, as appropriate, consistent with--
(1) the goal of enabling children to remain in the care of
their family of origin, but when not possible, placing children
in permanent homes through adoption;
(2) the principle that such placements should be based on
informed consent which has not been induced by payment or
compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and should be
used when no other suitable permanent options are available;
and
(4) the recognition that programs that protect and support
families can reduce the abandonment and exploitation of
children.
coordinator of activities relating to indigenous peoples
internationally
Sec. 682. (a) Coordinator.--After consultation with the Committees
on Appropriations and not later than 90 days after the enactment of
this Act, there shall be established within the Department of State in
the immediate office of the Director of United States Foreign
Assistance a Coordinator of Activities Relating to Indigenous Peoples
Internationally (hereinafter in this section referred to as the
``Coordinator''), who shall be appointed by the Director. The
Coordinator shall report directly to the Director.
(b) Responsibilities.--The Coordinator shall:
(1) Serve as a principal advisor to the Director of United
States Foreign Assistance and the Administrator of the United
States Agency for International Development on matters relating
to the rights and needs of indigenous peoples internationally
and should represent the United States Government on such
matters in meetings with foreign governments and multilateral
institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the United
States Government to protect the rights and address the needs
of indigenous peoples internationally; and
(3) Develop and coordinate assistance strategies with
specific goals, guidelines, benchmarks, and impact assessments
(including support for local indigenous peoples'
organizations).
(c) Funds.--Of the funds appropriated by this Act under the heading
``Diplomatic and Consular Programs'', not less than $250,000 shall be
made available for implementing the provisions of this section.
(d) Report.--Not later than one year after the enactment of this
Act, the Secretary shall submit a report to the Committees on
Appropriations describing progress made in implementing this section.
oversight of iraq reconstruction
Sec. 683. Subsection (o) of section 3001 of the Emergency
Supplemental Appropriations Act for Defense and for the Reconstruction
of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1234; 5
U.S.C. App. 3 section 8G note), as amended by section 1054(b) of the
John Warner National Defense Authorization Act for Fiscal Year 2007
(Public Law 109-364; 129 Stat. 2397), section 2 of the Iraq
Reconstruction Accountability Act of 2006 (Public Law 109-440), and
section 3801 of the U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law
110-28) is amended--
(1) in subsection (o)(1)(B) by striking ``fiscal year 2006
or fiscal year 2007'' and inserting ``fiscal years 2006 through
2008''. Section 1054 of Public Law 109-364 is amended by
striking ``fiscal year 2006'' and inserting ``fiscal years 2006
through 2008''; and
(2) by adding at the end of such section the following
subsection:
``(p) Rule of Construction.--For the purposes of carrying out the
duties of the Inspector General, any United States funds appropriated
or otherwise made available for fiscal years 2006 through 2008 for the
reconstruction of Iraq, irrespective of the designation of such funds,
shall be deemed to be amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund.''.
demobilization and disarmament in colombia
Sec. 684. (a) Availability of Funds.--Of the funds appropriated in
this Act, up to $12,000,000 may be made available in fiscal year 2008
for assistance for the demobilization and reintegration of former
members of foreign terrorist organizations (FTOs) in Colombia, if the
Secretary of State consults with and makes a certification described in
subsection (b) to the Committees on Appropriations prior to the initial
obligation of amounts for such assistance for the fiscal year involved.
(b) Certification.--A certification described in this subsection is
a certification that--
(1) assistance for the fiscal year will be provided only
for individuals who have: (A) verifiably renounced and
terminated any affiliation or involvement with FTOs or other
illegal armed groups; (B) are meeting all the requirements of
the Colombia Demobilization Program, including having disclosed
their involvement in past crimes and their knowledge of the
FTO's structure, financing sources, illegal assets, and the
location of kidnapping victims and bodies of the disappeared;
and (C) are not involved in acts of intimidation or violence;
(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, or other violations of United States law, and is
immediately extraditing to the United States those commanders,
leaders and members indicted in the United States who have
breached the terms of the Colombia Demobilization Program,
including by failing to fully confess their crimes, failing to
disclose their illegal assets, or committing new crimes since
the approval of the Justice and Peace Law;
(3) the Government of Colombia is not taking any steps to
legalize the titles of land or other assets illegally obtained
and held by FTOs, their associates, or successors, has
established effective procedures to identify such land and
other assets, and is confiscating and returning such land and
other assets to their rightful owners;
(4) the Government of Colombia is implementing a concrete
and workable framework for dismantling the organizational
structures of foreign terrorist organizations; and
(5) 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) Notification.--Funds made available by this Act for
demobilization and reintegration of members of FTOs shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the
Committee on Foreign Affairs of the House of
Representatives; and
(B) the Committee on Appropriations and the
Committee on Foreign Relations of the Senate.
(2) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
indonesia
Sec. 685. Of the funds appropriated under the heading ``Foreign
Military Financing Program'', $15,700,000 may be made available for
assistance for Indonesia, and an additional $2,000,000 may be made
available when the Secretary of State reports to the Committees on
Appropriations that the Government of Indonesia has written plans to
effectively--
(1) provide accountability for past violations of human
rights by members of the Indonesian military;
(2) allow public access to West Papua; and
(3) pursue the criminal investigation, and provide the
projected timeframe for completing the investigation, of the
murder of Munir Said Thalib.
assistance for guatemala
Sec. 686. (a) Funds appropriated by this Act under the heading
``International Military Education and Training'' that are available
for assistance for Guatemala, other than for expanded international
military education and training, may be made available only for the
Guatemalan Air Force and Navy: Provided, That such funds may be made
available only if the Secretary of State certifies that the Guatemalan
Air Force and Navy are respecting human rights and are cooperating with
civilian judicial investigations and prosecutions of military personnel
who have been credibly alleged to have committed violations of human
rights.
(b) Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not more than $500,000 may be
made available for the Guatemalan Air Force and Navy: Provided, That
such funds may be made available only if the Secretary of State
certifies that the Guatemalan Air Force and Navy are respecting human
rights and are cooperating with civilian judicial investigations and
prosecutions of military personnel who have been credibly alleged to
have committed violations of human rights, and the Guatemalan Armed
Forces are fully cooperating with the International Commission Against
Impunity in Guatemala.
(c) Funds made available for assistance for Guatemala under the
headings referred to in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
child soldiers
Sec. 687. (a) No military assistance shall be furnished with funds
appropriated by this Act and, during the current fiscal year, no
military equipment or technology shall be sold or transferred pursuant
to the authorities contained in this Act or any other Act, to the
government of a country that is identified by the Department of State's
2006 Country Reports on Human Rights Practices as having governmental
armed forces or government-supported armed groups, including
paramilitaries, militias, or civil defense forces, forces that recruit
or use child soldiers.
(b) The Secretary of State may provide assistance or defense
articles otherwise prohibited under subsection (a) to a country upon
certifying to the Committees on Appropriations that the government of
such country has implemented effective measures to demobilize children
from its forces or from government-supported armed groups and prohibit
and prevent the future recruitment or use of child soldiers.
(c) The Secretary of State may waive the application to a country
of the prohibition in subsection (a) if the Secretary determines and
reports to the Committees on Appropriations that such waiver is
important to the national interest of the United States.
philippines
Sec. 688. Of the funds appropriated by this Act under the heading
``Foreign Military Financing Program'', not to exceed $30,000,000 may
be made available for assistance for the Philippines, and an additional
$2,000,000 may be made available when the Secretary of State reports to
the Committees on Appropriations that--
(1) the Philippine Government is implementing the
recommendations of the United Nations Special Rapporteur on
Extrajudicial, Summary or Arbitrary Executions;
(2) the Philippine Government is implementing a policy of
promoting military personnel who demonstrate professionalism
and respect for human rights, and is investigating and
prosecuting military personnel and others who have been
credibly alleged to have committed extrajudicial executions or
other violations of human rights; and
(3) the Philippine military is not engaging in acts of
intimidation or violence against members of legal organizations
who advocate for human rights.
pakistan
Sec. 689. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', $300,000,000 may be
made available for assistance for Pakistan, unless the Secretary of
State reports to the Committees on Appropriations that the Government
of Pakistan is not--
(1) making effective and consistent efforts to prevent Al
Qaeda and associated terrorist groups from operating in the
territory of Pakistan, including by eliminating terrorist
training camps or facilities, arresting members of Al Qaeda and
associated terrorist groups, and countering recruitment
efforts;
(2) making effective and consistent efforts to prevent the
Taliban from using the territory of Pakistan as a sanctuary
from which to launch attacks within Afghanistan, including by
arresting Taliban leaders, stopping cross-border incursions,
and countering recruitment efforts; and
(3) implementing democratic reforms, including by--
(A) allowing free, fair and inclusive elections in
accordance with internationally recognized democratic
norms;
(B) ensuring freedom of expression and ending
harassment of journalists and government critics by
security and intelligence forces; and
(C) respecting the independence of the judiciary
and implementing judicial decisions.
(b) If the Secretary reports pursuant to subsection (a), funds that
are available for assistance for Pakistan pursuant to this section
which have not been made available may be transferred to and merged
with funds appropriated by this Act under the heading ``Economic
Support Fund'' and used for basic education, health, micro-enterprise
development, and democracy programs in Pakistan.
sri lanka
Sec. 690. None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' may be made available
for assistance for Sri Lanka, no defense export license may be issued,
and no military equipment or technology shall be sold or transferred to
Sri Lanka pursuant to the authorities contained in this Act or any
other Act, unless the Secretary of State certifies and reports to the
Committees on Appropriations that--
(1) the Sri Lankan military is suspending and the Sri
Lankan Government is bringing to justice members of the
military who have been credibly alleged to have committed gross
violations of human rights, including extrajudicial executions
and the recruitment of child soldiers;
(2) the Sri Lankan Government has provided unimpeded access
to humanitarian organizations and journalists to Tamil areas of
the country; and
(3) the Sri Lankan Government has agreed to the
establishment of a field presence of the Office of the United
Nations High Commissioner for Human Rights in Sri Lanka.
peace corps separation pay
Sec. 691. (a) Establishment of Fund.--There is established in the
Treasury of the United States a fund for the Peace Corps to provide
separation pay for host country resident personal services contractors
of the Peace Corps.
(b) Funding.--The Director of the Peace Corps may deposit in such
fund--
(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 thereafter,
amounts in the fund are available without fiscal year limitation for
severance, retirement, or other separation payments to host country
resident personal services contractors of the Peace Corps in countries
where such pay is legally authorized.
multilateral development banks
Sec. 692. (a) Independent Auditing and Inspector General.--The
Secretary of the Treasury shall instruct the United States Executive
Director to each multilateral development bank to inform the bank of,
and use the voice and vote of the United States to achieve at the bank,
the following United States policy goals:
(1) Each multilateral development bank should--
(A) establish an independent Office of Inspector
General, establish or strengthen an independent
auditing function at the bank, and require that the
Inspector General and the auditing function report
directly to the board of directors of the bank; and
(B) adopt and implement an internationally
recognized internal controls framework, allocate
adequate staffing to auditing and supervision, require
external audits of internal controls, and external
audits of loans where fraud is suspected.
(2) Each multilateral development bank should establish
effective procedures for the receipt, retention, and treatment
of--
(A) complaints received by the bank regarding
fraud, accounting, mismanagement, internal accounting
controls, or auditing matters; and
(B) the confidential, anonymous submission,
particularly by employees of the bank, of concerns
regarding fraud, accounting, mismanagement, internal
accounting controls, or auditing matters.
(b) World Bank Inspection Panel.--The Secretary of the Treasury
shall instruct the United States Executive Director to the World Bank
to inform the Bank of, and use the voice and vote of the United States
to achieve transparency reforms of the selection process for members of
the World Bank Inspection Panel, including--
(1) Widely circulating Inspection Panel position vacancy
announcements on the Inspection Panel's website and in
appropriate publications;
(2) Notifying civil society organizations on the Inspection
Panel's website and on other appropriate World Bank websites
and inviting nominations from such groups;
(3) Making public the schedule of the selection process;
(4) Posting the list of nominees and applicants on the
Inspection Panel's website; and
(5) Including a civil society representative on the World
Bank selection committee for the Inspection Panel member.
(c) Anti-Corruption Trust Pilot Program.--
(1) Authority.--The Secretary of the Treasury shall seek
the creation of a pilot program that establishes an Anti-
Corruption Trust at the World Bank, the purposes of which
should include--
(A) to assist poor countries in investigations and
prosecutions of fraud and corruption related to loans,
grants, or credits of the World Bank; and
(B) to determine whether such a program should be
carried out at other multilateral development banks.
(2) Poor countries defined.--In this subsection, the term
``poor countries'' means countries eligible to borrow from the
International Development Association.
(3) Report.--Not later than 180 days after enactment of
this Act, the Secretary shall submit to the appropriate
congressional committees a report detailing the actions taken
to establish the Anti-Corruption Trust.
(c) Authorizations.--
(1) Section 501(i) of title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public law 106-113, as amended by
section 591(b) of Division D of Public Law 108-447, is further
amended by striking ``fiscal'' and all that follows through
``which'' and inserting in lieu thereof ``fiscal years 2000-
2010, which''.
(2) Section 801(b)(1)(ii) of Public Law 106-429, as amended
by section 591(a)(2) of Division D of Public law 108-447, is
further amended by striking ``fiscal years 2004-2006'' and by
inserting in lieu thereof ``fiscal years 2004-2010.''.
millennium challenge corporation
Sec. 693. Section 607(b) of the Millennium Challenge Act of 2003
(22 U.S.C. 7706) is amended--
(1) in paragraph (2)(B) by striking ``and the sustainable
management of natural resources'';
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the period and
inserting ``; and''; and
(C) by adding the following subparagraph:
``(C) promote the protection of biodiversity and
the transparent and sustainable management and use of
natural resources.''.
material support
relief for iraqi, montagnards, hmong and other refugees who do not pose
a threat to the united states
Sec. 694. (a) Amendment to Authority To Determine the Bar to
Admission Inapplicable.--Section 212(d)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as
follows:
``The Secretary of State, after consultation with the Attorney
General and the Secretary of Homeland Security, or the Secretary of
Homeland Security, after consultation with the Secretary of State and
the Attorney General, may determine in such Secretary's sole
unreviewable discretion that subsection (a)(3)(B) shall not apply with
respect to an alien within the scope of that subsection or that
subsection (a)(3)(B)(vi)(III) shall not apply to a group within the
scope of that subsection, except that no such waiver may be extended to
an alien who is within the scope of subsection (a)(3)(B)(i)(II), no
such waiver may be extended to an alien who is a member or
representative of, has voluntarily and knowingly engaged in or endorsed
or espoused or persuaded others to endorse or espouse or support
terrorist activity on behalf of, or has voluntarily and knowingly
received military-type training from a terrorist organization that is
described in subclause (I) or (II) of subsection (a)(3)(B)(vi), and no
such waiver may be extended to a group that has engaged terrorist
activity against the United States or another democratic country or
that has purposefully engaged in a pattern or practice of terrorist
activity that is directed at civilians. Such a determination shall
neither prejudice the ability of the United States Government to
commence criminal or civil proceedings involving a beneficiary of such
a determination or any other person, nor create any substantive or
procedural right or benefit for a beneficiary of such a determination
or any other person. Notwithstanding any other provision of law
(statutory or nonstatutory), including section 2241 of title 28, or any
other habeas corpus provision, and sections 1361 and 1651 of such
title, no court shall have jurisdiction to review such a determination
or revocation except in a proceeding for review of a final order of
removal pursuant to section 1252 of this title, and review shall be
limited to the extent provided in section 1252(a)(2)(D). The Secretary
of State may not exercise the discretion provided in this clause with
respect to an alien at any time during which the alien is the subject
of pending removal proceedings under section 1229a of this title.''.
(b) Automatic Relief for the Hmong and Other Groups That Do Not
Pose a Threat to the United States.--For purposes of section
212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)), the Karen National Union/Karen Liberation Army (KNU/
KNLA), the Chin National Front/Chin National Army (CNF/CNA), the Chin
National League for Democracy (CNLD), the Kayan New Land Party (KNLP),
the Arakan Liberation Party (ALP), the Mustangs, the Alzados, the
Karenni National Progressive Party, and appropriate groups affiliated
with the Hmong and the Montagnards shall not be considered to be a
terrorist organization on the basis of any act or event occurring
before the date of enactment of this section. Nothing in this
subsection may be construed to alter or limit the authority of the
Secretary of State or the Secretary of Homeland Security to exercise
his discretionary authority pursuant to 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).
(c) Technical Correction.--(1) In General.--Section
212(a)(3)(B)(ii) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(ii)) is amended by striking ``Subclause (VII)'' and
replacing it with ``Subclause (IX)''.
(d) Designation of the Taliban as a Terrorist Organization.--For
purposes of section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)), the Taliban shall be considered to be a
terrorist organization described in subclause (I) of clause (vi) of
that section.
(e) Report on Duress Waivers.--The Secretary of Homeland Security
shall provide to the Committees on the Judiciary of the United States
Senate and House of Representatives a report, not less than 180 days
after the enactment of this Act and every year thereafter, which may
include a classified annex, if appropriate, describing--
(1) the number of individuals subject to removal from the
United States for having provided material support to a
terrorist group who allege that such support was provided under
duress;
(2) a breakdown of the types of terrorist organizations to
which the individuals described in paragraph (1) have provided
material support;
(3) a description of the factors that the Department of
Homeland Security considers when evaluating duress waivers; and
(4) any other information that the Secretary believes that
the Congress should consider while overseeing the Department's
application of duress waivers.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this section, and these amendments
and sections 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)), as amended
by these sections, shall apply to--
(A) removal proceedings instituted before, on, or after the date of
enactment of this section; and
(B) acts and conditions constituting a ground for inadmissibility,
excludability, deportation, or removal occurring or existing before,
on, or after such date.
cluster munitions
Sec. 695. During the current fiscal year, no military assistance
shall be furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or cluster
munitions technology shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a 99
percent or higher tested rate; and
(2) the agreement applicable to the assistance, transfer,
or sale of the cluster munitions or cluster munitions
technology specifies that the cluster munitions will only be
used against clearly defined military targets and will not be
used where civilians are known to be present.
cuba
Sec. 696. (a) Subject to subsection (b), of the funds appropriated
by this Act under the heading ``International Narcotics Control and Law
Enforcement'', $1,000,000 shall be made available for 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.
(b) The amount in subsection (a) shall not be available if the
Secretary certifies to the Committees on Appropriations that--
(1) 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
(2) there is credible evidence of involvement of the
Government of Cuba in drug trafficking during the preceeding 10
years.
libya
Sec. 697. (a) None of the funds appropriated by this Act may be
made available for--
(1) construction of a new United States embassy in Libya;
(2) activities in Libya related to energy development; or
(3) activities in Libya which support investment in Libya's
hydrocarbon sector, including the processing of applications
for dual-use export licenses.
(b) The prohibitions in subsection (a) shall no longer apply if the
Secretary of State certifies to the Committees on Appropriations that
the Government of Libya has made the final settlement payments to the
Pan Am 103 victims' families, paid to the LaBelle Disco bombing victims
their agreed upon settlement amounts, and is engaging in good faith
settlement discussions regarding other relevant terrorism cases.
(c) Not later than 90 days after enactment of this Act and 90 days
thereafter, the Secretary shall submit a report to the Committees on
Appropriations describing (1) actions taken by the Department of State
to facilitate a resolution of these cases; and (2) United States
commercial activities in Libya's energy sector.
carry forward of unused special immigrant visas
Sec. 698. Section 1059(c) of the National Defense Authorization Act
for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended by adding at the
end the following:
``(3) Carry forward.--If the numerical limitation described
in paragraph (1) is not reached during a given fiscal year, the
numerical limitation for the following fiscal year shall be
increased by a number equal to the difference between the
number of visas authorized for the given fiscal year and the
number of aliens provided special immigrant status during the
given fiscal year.''.
global fund contribution
(including rescission of funds)
Sec. 699. (a) The amount appropriated or otherwise made available
by title III for bilateral assistance for Global Health Programs is
hereby increased by $40,000,000.
(b) The amount appropriated or otherwise made available for such
purpose and available for a United States contribution to the Global
Fund to Fight AIDS, Tuberculosis, and Malaria is hereby increased by
$40,000,000.
(c) Of the unobligated balances of amounts appropriated or
otherwise made available in prior appropriations Acts under the heading
``Economic Support Fund'', $40,000,000 is rescinded.
references
Sec. 699A. Except as otherwise provided, any reference in titles II
through V, including the general provisions for such titles, to ``this
Act'' shall be deemed to be a reference to titles II through V of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2008.
support for democracy, the rule of law, and governance in iran
Sec. 699B. Of the amount appropriated or otherwise made available
by title III for other bilateral economic assistance under the heading
``economic support fund'', $75,000,000 shall be made available for
programs of the Bureau of Near Eastern Affairs of the Department of
State to support democracy, the rule of law, and governance in Iran.
removal of certain restrictive eligibility requirements applicable to
foreign nongovernmental organizations
Sec. 699C. Notwithstanding any other provision of law, regulation,
or policy, in determining eligibility for assistance authorized under
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.),
foreign nongovernmental organizations shall not be ineligible 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
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.
Sec. 699D. None of the funds made available in this Act may be
expended in violation of section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing granting
visas to nationals of countries that are denying or delaying accepting
aliens removed from the United States).
additional peace corps funding
Sec. 699E. (a) The amount appropriated or otherwise made available
by title III under the heading ``peace corps'' is hereby increased by
$10,000,000.
(b) The amount appropriated or otherwise made available by title IV
under the heading ``foreign military financing program'' is hereby
reduced by $10,000,000.
right to bear arms
Sec. 699F. None of the funds made available under this Act may be
made available to any international organization, agency, or entity
(including the United Nations) that requires the registration of or
taxes a gun owned by a citizen of the United States.
transparency and accountability of the united nations
Sec. 699G. (a) Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by this Act
may be used by the Department of State as a contribution to the United
Nations or any subsidiary body of the United Nations, including any
organization that is authorized to use the United Nations logo, until
the Secretary of State certifies that the United Nations, such
subsidiary body of the United Nations, or such organization, as the
case may be, is fully and publicly transparent about all of its
spending, including for procurement purposes, that occurred during
fiscal year 2007, including the posting on a publicly available web
site of--
(1) copies of all contracts, grants, subcontracts, and
subgrants awarded or utilized during fiscal year 2007;
(2) copies of all program reviews, audits, budgets, and
project progress reports relating to fiscal year 2007; and
(3) any other financial information deemed necessary by the
Secretary.
(b) The documents required to be made available under subsection
(a) shall be in unredacted form, except that such information as
determined necessary by the Secretary to protect the identity of
whistleblowers or other informants to investigations and reports and
proprietary information may be redacted.
withholding of united states contributions to the united nations human
rights council
Sec. 699H. (a)(1) No funds appropriated or otherwise made available
by this Act for contributions to international organizations may be
made available to support the United Nations Human Rights Council.
(2) The prohibition under paragraph (1) shall not apply if--
(A) the President determines and certifies to the Committee
on Foreign Relations and the Committee on Appropriations of the
Senate and the Committee on Foreign Affairs and the Committee
on Appropriations of the House of Representatives that the
provision of funds to support the United Nations Human Rights
Council is in the national interest of the United States; or
(B) the United States is a member of the Human Rights
Council.
Sec. 699I. Study of World Bank's Efforts To Measure the Success of
the Projects It Finances. (a) Sense of Congress.--It is the sense of
Congress that the World Bank should increase its focus on performance
requirements and measurable results.
(b) Study.--The Comptroller General of the United States should
conduct a study on the actions taken by the World Bank to--
(1) measure the success of the projects financed by IDA;
(2) employ accurate means to measure the effectiveness of
projects financed by IDA;
(3) combat corruption in governments that receive IDA
funding;
(4) establish clear objectives for IDA projects and
tangible means of assessing the success of such projects; and
(5) use World Bank processes and procedures for procurement
of goods and services on projects receiving financial
assistance from the World Bank.
Sec. 669J. Sense of the Senate Regarding Iraq Refugee Crisis. (a)
Findings.--Congress makes the following findings:
(1) The annual United States worldwide ceiling for refugees
has been 70,000 since 2002.
(2) The Department of State has yet to use all of the
available allocation that could be used for Iraqi refugees.
(3) Since 2003, more than 2,000,000 Iraqis have fled their
country and over 2,000,000 Iraqis are also displaced within
Iraq.
(4) It has become increasingly clear that people who have
assisted the United States, Iraqi Christians and other
religious minorities cannot safely return to Iraq.
(5) The United States Government has an obligation to help
these refugees and should act swiftly to do so.
(6) The United States Government should increase the
allocation of refugee slots for Iraqi refugees for resettlement
in the United States.
(b) Sense of the Senate.--It is the sense of the Senate that the
President should act swiftly to respond to the deepening humanitarian
and refugee crisis in Iraq by using the entire United States refugee
allocation for the Near East/South Asia region and any unused portion
of the worldwide allocation for Iraqi refugees, particularly people who
have assisted the United States and religious minorities.
overseas private investment corporation
Sec. 699K. (a) The amount appropriated or otherwise made available
by title II for the Overseas Private Investment Corporation under the
heading ``program account'' is hereby increased by $8,000,000.
(b) The amount appropriated or otherwise made available by title V
for ``contribution to the international development association'' is
hereby reduced by $8,000,000.
united states-egypt friendship endowment
Sec. 699L. Of the funds appropriated by this Act and prior Acts
making appropriations for foreign operations, export financing, and
related programs under the heading ``Economic Support Fund'' that are
available for assistance for Egypt, up to $500,000,000 may be made
available for an endowment to further social, economic and political
reforms in Egypt: Provided, That the Secretary of State shall consult
with the Committees on Appropriations on the establishment of such an
endowment and appropriate benchmarks for the uses of these funds.
iraq
Sec. 699M. (a) None of the funds appropriated or otherwise made
available by this Act may be made available for assistance for Iraq.
(b) Not later than 30 days after enactment of this Act the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the extent to which the Government of Iraq is
committed to combating corruption in Iraq and the specific actions and
achievements of the Government of Iraq in combating corruption, to
include a list of those senior Iraqi leaders who have been credibly
alleged to be engaged in corrupt practices and activities.
(c) Notwithstanding any other provision of law, policy, or
regulation, none of the funds made available in this Act or any other
Act making appropriations for foreign operations, export financing, and
related programs may be made available for assistance for Iraq unless
the Secretary of State, in consultation with the Secretary of Defense,
certifies to the Committees on Appropriations that the Departments of
State and Defense are providing the Committees on Appropriations,
including relevant staff, regular, full and unfettered access to
programs in Iraq for the purposes of conducting oversight.
(d) Subsections (a) and (c) shall not apply to the ninth and
thirteenth provisos under the heading ``Economic Support Fund'' in this
Act.
anti-kleptocracy
Sec. 699N. (a) In furtherance of the National Strategy to
Internationalize Efforts Against Kleptocracy and Presidential
Proclamation 7750, not later than 90 days after the date of enactment
of this Act the Secretary of State shall send to the appropriate
congressional committees a list of officials of the governments of
Angola, Burma, Cambodia, Equatorial Guinea, Democratic Republic of the
Congo, and the Republic of the Congo, and their immediate family
members, who the Secretary has credible evidence to believe have been
involved in corruption relating to the extraction of natural resources
in their countries.
(b) Not later than 10 days after the list described in subsection
(a) is submitted to the appropriate congressional committees, the
following sanctions shall apply:
(1) Any individual on the list submitted under subsection
(a) shall be ineligible for a visa to enter the United States.
(2) No property or interest in property belonging to an
individual on the list submitted under subsection (a), or to a
member of the immediate family of such individual if the
property is effectively under the control of such individual,
may be transferred, paid, exported, withdrawn, or otherwise
dealt with, if the property is within the United States or
within the possession or control of a United States person,
including the overseas branch of such person, or after the date
of the enactment of this Act comes within the control of such
person.
(3) No United States person may engage in financial
transactions with an individual on the list submitted under
subsection (a), or with a member of the immediate family of
such individual if the transaction will benefit an individual
on the list submitted under subsection (a).
uganda
Sec. 699O. (a) Not later than 90 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing a strategy for substantially enhancing United
States efforts to resolve the conflict between the Lord's Resistance
Army (LRA) and the Government of Uganda (GOU), including--
(1) direct and sustained participation by the United States
in confidence-building measures in furtherance of the peace
process;
(2) increased diplomatic pressure on the Democratic
Republic of the Congo (to eliminate the LRA's current safe
haven) and on Sudan;
(3) brokering direct negotiations between the GOU and the
leaders of the LRA on personal security arrangements; and
(4) financial support for disarmament, demobilization, and
reintegration to provide mid-level LRA commanders incentives to
return to civilian life.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $5,000,000 shall be made
available to implement the strategy described in subsection (a).
comprehensive nuclear threat reduction and security plan
Sec. 699P. (a) Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a
comprehensive nuclear threat reduction and security plan, in classified
and unclassified forms--
(1) for ensuring that all nuclear weapons and weapons-
usable material at vulnerable sites are secure by 2012 against
the threats that terrorists have shown they can pose;
(2) for working with other countries to ensure adequate
accounting and security for such materials on an ongoing basis
thereafter; and
(3) for making security improvements to ensure, to the
maximum extent feasible, that the existing United States
nuclear weapons stockpile and weapons-usable material be
protected from the threats terrorists have shown they can pose.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones to be
achieved;
(3) provide estimates of the program budget requirements
and resources to meet the goals for each year;
(4) provide the strategy for diplomacy and related tools
and authority to accomplish the program element;
(5) provide a strategy for expanding the financial support
and other assistance provided by other countries, particularly
Russia, the European Union and its member states, China, and
Japan, for the purposes of securing nuclear weapons and
weapons-usable material worldwide;
(6) outline the progress in and impediments to securing
agreement from all countries that possess nuclear weapons or
weapons-usable material on a set of global nuclear security
standards, consistent with their obligation to comply with
United Nations Security Council Resolution 1540;
(7) describe the steps required to overcome impediments
that have been identified; and
(8) describe global efforts to promulgate best practices
for securing nuclear materials.
(c) Sense of the Senate. The Administration shall not sign any
agreement with the Russian Federation on low enriched uranium that does
not include a requirement that a portion of the low enriched uranium be
derived from highly enriched uranium.
rule of law and border security in egypt
Sec. 699Q. (a) The Senate makes the following findings:
(1) Fighting in Gaza during the summer of 2007 demonstrated
that the terrorist organization Hamas, which unlawfully seized
control over Gaza in June 2007, has been able to achieve a
dramatic increase in the quantity and sophistication of arms at
its disposal.
(2) Without these arms, the terrorist organization would
not have been able to seize control over the Gaza territory.
(3) There is substantial evidence that a significant
proportion of these arms were smuggled across the border
between Gaza and Egypt.
(4) The Egyptian military is a capable force, made possible
in substantial part by a close relationship with the United
States.
(5) Concurrent with the escalation of dangerous arms
smuggling across the border between Egypt and Gaza has been a
retrogression in the rule of law in Egypt.
(6) This loss of hard-earned ground has been characterized
by reports of harsh reaction by the Government of Egypt to
dissent, including the jailing of political opponents.
(7) The United States has provided aid to Egypt in excess
of $28,000,000,000 over the past three decades.
(b) The Senate--
(1) reaffirms its long-standing friendship with the people
of Egypt;
(2) believes that our friendship with Egypt requires the
Senate to address such vital policy concerns;
(3) urges the Government of Egypt to make concrete and
measurable progress on restoring the rule of law, including
improving the independence of the judiciary and improving
criminal procedures and due process rights and halting the
cross-border flow of arms to Gaza;
(4) believes it is the best interest of Egypt, the region,
and the United States that Egypt takes prompt action to
demonstrate progress on these matters; and
(5) urges the Department of State to work vigorously and
expeditiously with the Government of Egypt and the Government
of Israel to bring the border between Egypt and Gaza border
under effective control.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008''.
Passed the House of Representatives June 22 (legislative
day, June 21), 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
Passed the Senate September 6, 2007.
Attest:
NANCY ERICKSON,
Secretary.