[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2764 Referred in Senate (RFS)]
1st Session
H. R. 2764
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2007
Received; read twice and referred to the Committee on Appropriations
_______________________________________________________________________
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,
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
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and 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.
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 upgrades,
$964,760,000, to remain available until expended.
capital investment fund
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.
office of inspector general
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.
educational and cultural exchange programs
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).
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,
$28,000,000, 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, $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.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $806,900,000, 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,
$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.
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 funds in the ``Diplomatic and Consular Programs'' account.
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, $1,354,400,000:
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.
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, $1,302,000,000, 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.
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, $15,725,000, to remain available until expended, as
authorized.
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,
$10,630,000, 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, $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.
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), $15,000,000, 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.
national endowment for democracy
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.
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 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.
broadcasting capital improvements
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.
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
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.
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),
$3,400,000, 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, $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).
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
(increased by $1,000,000), to remain available until September 30,
2009.
GENERAL PROVISIONS--DEPARTMENT OF STATE AND RELATED AGENCIES
allowances and differentials
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).
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) 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.
(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 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.
(b) The requirements in subsections (b) and (c) of section 616 of
that Act shall continue to apply during fiscal year 2008.
senior policy operating group
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.
(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.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).
united states citizens born in jerusalem
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.
e-government initiatives
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.
consulting services
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.
limitation on diplomatic or consular post in
the socialist republic of vietnam
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.
(b) The requirements in subparagraphs (A) and (B) of section 609 of
that Act shall continue to apply during fiscal year 2008.
state department authorities
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)).
restriction on contributions to the united nations
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.
personnel actions
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.
restrictions on united nations delegations
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.
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.
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 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.
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.
Overseas Private Investment Corporation
non-credit 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, $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.
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.
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:
united states agency for international development
child survival and health programs fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for child
survival, health, and family planning/reproductive health activities,
in addition to funds otherwise available for such purposes,
$1,955,150,000 (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.
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, $1,733,760,000 (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.
international disaster and famine assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $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, $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.
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, $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.
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, $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.
capital investment fund of the united states agency for international
development
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.
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, $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.
international fund for ireland
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $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.
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, $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.
(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.
(d) The President is authorized to withhold funds appropriated
under this heading made available for economic revitalization programs
in Bosnia and Herzegovina, if he determines and certifies to the
Committees on Appropriations that the Federation of Bosnia and
Herzegovina has not complied with article III of annex 1-A of the
General Framework Agreement for Peace in Bosnia and Herzegovina
concerning the withdrawal of foreign forces, and that intelligence
cooperation on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and Bosnian
officials has not been terminated.
assistance for the independent states of the former soviet union
(a) For necessary expenses to carry out the provisions of chapters
11 and 12 of part I of the Foreign Assistance Act of 1961 and the
FREEDOM Support Act, for assistance for the Independent States of the
former Soviet Union and for related programs, $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.
(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.
(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--
(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-
governmental organizations providing humanitarian relief to
refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking
in persons; and
(B) activities authorized under title V (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(d) Section 907 of the FREEDOM Support Act shall 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. 2191 et seq.);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
Independent Agencies
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $19,000,000, 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, $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.
millennium challenge corporation
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.
Department of State
global hiv/aids initiative
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the prevention, treatment, and control of,
and research on, HIV/AIDS, 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.
international narcotics control and law enforcement
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.
andean counterdrug initiative
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961 to support counterdrug activities in the Andean
region of South America, $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.
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, $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.
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.
nonproliferation, anti-terrorism, demining and related programs
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.
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, $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.
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.
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, $85,076,000, 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.
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,
$4,509,236,000: 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.
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.
peacekeeping operations
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.
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, $950,000,000, to remain available until
expended.
contribution to the enterprise for the americas multilateral investment
fund
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the United States
contribution to the fund, $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, $115,306,000,
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 $31,919,000.
contribution to the african development fund
For the United States contribution by the Secretary of the Treasury
to the increase in resources of the African Development Fund,
$135,684,000, 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, $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.
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.
restrictions on voluntary contributions to united nations agencies
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.
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 report
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.
limitation on representational allowances
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.
prohibition on taxation of united states assistance
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.
(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, 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.
military coups
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.
transfer authority
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.
(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.
(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.
(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.
(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.
(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.
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. (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.
(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.
limitation on assistance to countries in default
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.
commerce and trade
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.
(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
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.
reprogramming notification requirements
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.
(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
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.
(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 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.
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, and Uzbekistan shall be subject to the regular
notification procedures of the Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject to the
provisions of section 117 (relating to environment and natural
resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or making
grants, with funds appropriated 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.
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.
STATEMENT
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:
``ECONOMIC SUPPORT FUND'';
``ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES'';
``ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER
SOVIET UNION'';
``ANDEAN COUNTERDRUG INITIATIVE'';
``NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS'';
``FOREIGN MILITARY FINANCING PROGRAM''; and
``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.
special notification requirements
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.
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 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--
(1) justified to the Congress; or
(2) allocated by the executive branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
child survival and health activities
Sec. 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.
afghanistan
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.
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 accountability
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--
(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 (LFAs), to enable them to
fulfill their mandates;
(3) has a full-time, professional, independent Office of
Inspector General that is fully operational;
(4) requires LFAs 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 a policy on the public release of documents
produced by the Office of the Inspector General;
(7) is tracking and encouraging the involvement of civil
society, including faith-based organizations, in country
coordinating mechanisms and program implementation; and
(8) has provided to the Secretary of State a report on
faith-based organizations as described in subsection (b).
(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--
(1) on a county-by-country basis--
(A) a description of the amount of grants and sub-
grants provided to faith-based organizations; and
(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
(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.
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 to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or
group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a
country if the President determines that national security or
humanitarian reasons justify such waiver. The President shall publish
each waiver in the Federal Register and, at least 15 days before the
waiver takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in accordance
with the regular notification procedures of the Committees on
Appropriations.
debt-for-development
Sec. 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 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.
(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 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).
(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.
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 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.
financial market assistance
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.
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 under titles II through V
of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4) (D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
special authorities
Sec. 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.
(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) 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.
(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.
(h) 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) 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.
(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.
(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.
(j) 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), before ``2007'' by
striking ``and'', and after ``2007'' by inserting,
``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''.
arab league boycott of israel
Sec. 634. 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. 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.
(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. 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.
(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.
ceilings and designated funding levels
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.
prohibition on publicity or propaganda
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.
prohibition of payments to united nations members
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.
nongovernmental organizations--documentation
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.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
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.
(b) Assistance restricted by subsection (a) or any other similar
provision of law, may be furnished if the President determines that
furnishing such assistance is important to the national interests of
the United States.
(c) Whenever the waiver authority of subsection (b) is exercised,
the President shall submit to the appropriate Congressional committees
a report with respect to the furnishing of such assistance. Any such
report shall include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
withholding of assistance for parking fines and real property taxes
owed by foreign countries
Sec. 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.
(b) Funds withheld from obligation pursuant to subsection (a) may
be made available for other programs or activities funded by this Act,
after consultation with and subject to the regular notification
procedures of the appropriate congressional committees, provided that
no such funds shall be made available for assistance for the central
government of a foreign country that has not paid the total amount of
the fully adjudicated parking fines and penalties and unpaid property
taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set forth
in subsection (a) with respect to parking fines and penalties no sooner
than 60 days from the date of enactment of this Act, or at any time
with respect to a particular country, if the Secretary determines that
it is in the national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in
subsection (a) with respect to the unpaid property taxes if the
Secretary of State determines that it is in the national interests of
the United States to do so.
(e) Not later than 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.
(f) In this section:
(1) The term ``appropriate congressional committees'' means
the Committee on Appropriations of the Senate and the Committee
on Appropriations of the House of Representatives.
(2) The term ``fully adjudicated'' includes circumstances
in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation
summons; or (ii) has not followed the appropriate
adjudication procedure to challenge the summons; and
(B) the period of time for payment of or challenge
to the summons has lapsed.
(3) The term ``parking fines and penalties'' means parking
fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2007.
(4) The term ``unpaid property taxes'' means the amount of
unpaid taxes and interest determined to be owed by a foreign
country on real property in the District of Columbia or New
York, New York in a court order or judgment entered against
such country by a court of the United States or any State or
subdivision thereof.
limitation on assistance for the plo for the west bank and gaza
Sec. 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.
war crimes tribunals drawdown
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.
landmines
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.
restrictions concerning the palestinian authority
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.
prohibition of payment of certain expenses
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--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
haiti
Sec. 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.
(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--
(1) $20,000,000 from ``CHILD SURVIVAL AND HEALTH PROGRAMS
FUND'';
(2) $25,000,000 from ``DEVELOPMENT ASSISTANCE'';
(3) $83,000,000 from ``GLOBAL HIV/AIDS INITIATIVE'';
(4) $63,394,000 from ``ECONOMIC SUPPORT FUND'';
(5) $9,000,000 from ``INTERNATIONAL NARCOTICS CONTROL AND
LAW ENFORCEMENT'';
(6) $990,000 from ``FOREIGN MILITARY FINANCING PROGRAM'';
and
(7) $200,000 from ``INTERNATIONAL MILITARY EDUCATION AND
TRAINING''.
(c) None of the funds made available in this Act under the heading
``INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT'' may be used to
transfer excess weapons, ammunition or other lethal property of an
agency of the United States Government to the Government of Haiti for
use by the Haitian National Police until the Secretary of State
certifies to the Committees on Appropriations that--
(1) the United Nations Mission in Haiti has carried out the
vetting of the senior levels of the Haitian National Police and
has ensured that those credibly alleged to have committed
serious crimes, including drug trafficking and human rights
violations, have been suspended; and
(2) the 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.
colombia
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.
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 Speaker of the House
of Representatives and the President pro tempore of the Senate that
waiving such prohibition is important to the national security
interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the steps the Palestinian Authority has
taken to arrest terrorists, confiscate weapons and dismantle the
terrorist infrastructure. The report shall also include a description
of how funds will be spent and the accounting procedures in place to
ensure that they are properly disbursed.
limitation on assistance to security forces
Sec. 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.
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 of the House of Representatives and the Senate 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'', ``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.
libya
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.
palestinian statehood
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--
(1) a new leadership of a Palestinian governing entity has
been democratically elected through credible and competitive
elections;
(2) the elected governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures; and
(C) is establishing a new Palestinian security
entity that is cooperative with appropriate Israeli and
other appropriate security organizations; and
(3) the Palestinian Authority (or the governing body of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the newly-
elected governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is vital to the national security interests of the
United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or a newly-elected governing entity, in order
to help meet the requirements of subsection (a), consistent with the
provisions of section 650 of this Act (``Limitation on Assistance to
the Palestinian Authority'').
limitations on assistance to colombia
Sec. 656. (a) Withholding of Funds for Assistance to the Colombian
Armed Forces.--
(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--
(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
(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.
(2) Requirements.--The requirements referred to in
paragraph (1) are as follows:
(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.
(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.
(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).
(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.
(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.
(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.
(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.
(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.
(b) Congressional Notification.--Funds made available by this Act
for the Colombian Armed Forces shall be subject to the regular
notification procedures of the Committees on Appropriations.
(c) Consultative Process.--Not later than 60 days after the date of
enactment of this Act, and every 90 days thereafter until September 30,
2010, the Secretary of State shall consult with internationally
recognized human rights organizations regarding progress in meeting the
requirements contained in subsection (a)(2).
(d) 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.
prohibition on assistance to the palestinian broadcasting corporation
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.
support of peace process and demobilization in colombia
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).
(2) Funding designation.--Of the funds made available
pursuant to paragraph (1)--
(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;
(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;
(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
(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.
(3) Certification.--The certification required by paragraph
(2)(D) is a certification that--
(A) assistance for the fiscal year will be provided
only for individuals who--
(i) have verifiably renounced and
terminated any affiliation or involvement with
FTOs or other illegal armed groups;
(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
(iii) are not involved in threatening or
intimidating human rights defenders.
(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;
(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;
(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;
(E) the Government of Colombia is implementing a
concrete and workable framework for dismantling the
organizational structures of foreign terrorist
organizations;
(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
(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.
(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)--
(A) the action taken by the Colombian Government
which supports the certification;
(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
(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).
(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).
(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.
(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.
(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--
(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
(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.
west bank and gaza program
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.
(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.
(c) Prohibition.--
(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.
(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.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and 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.
(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.
(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--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Not later than 180 days after enactment of this act, the
secretary of state shall submit a report to the committees on
appropriations updating the report contained in section 2106 of chapter
2 of title II of Public Law 109-13.
contributions to the united nations population fund
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''.
(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.
(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.
(d) Conditions on Availability of Funds.--Amounts made available
under this Act for UNFPA may not be made available to UNFPA unless--
(1) UNFPA maintains amounts made available to UNFPA 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.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(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.
(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.
(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.
war criminals
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.
(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 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.
(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. 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.
funding for serbia
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).
(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.
(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--
(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;
(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 and Montenegro,
humanitarian assistance or assistance to promote democracy.
community-based police assistance
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.
(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. 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--
(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) does not engage in a consistent pattern of gross
violations of internationally recognized human rights
(including its military or other security forces); 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. 666. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain loans.--
Notwithstanding any other provision of law, the President may,
in accordance with this section, sell to any eligible purchaser
any concessional loan or portion thereof made before January 1,
1995, pursuant to the Foreign Assistance Act of 1961, to the
government of any eligible country as defined in section 702(6)
of that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion thereof, only
for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its
own qualified debt, only if the eligible country uses
an additional amount of the local currency of the
eligible country, equal to not less than 40 percent of
the price paid for such debt by such eligible country,
or the difference between the price paid for such debt
and the face value of such debt, to support activities
that link conservation and sustainable use of natural
resources with local community development, and child
survival and other child development, in a manner
consistent with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction, or
cancellation would not contravene any term or condition
of any prior agreement relating to such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance with this
section, establish the terms and conditions under which loans
may be sold, reduced, or canceled pursuant to this section.
(3) Administration.--The Facility, as defined in section
702(8) of the Foreign Assistance Act of 1961, shall notify the
administrator of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961 of
purchasers that the President has determined to be eligible,
and shall direct such agency to carry out the sale, reduction,
or cancellation of a loan pursuant to this section. Such agency
shall make adjustment in its accounts to reflect the sale,
reduction, or cancellation.
(4) Limitation.--The authorities of this subsection shall
be available only to the extent that appropriations for the
cost of the modification, as defined in section 502 of the
Congressional Budget Act of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
cancellation of any loan sold, reduced, or canceled pursuant to this
section shall be deposited in the United States Government account or
accounts established for the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to subsection
(a)(1)(A) only to a purchaser who presents plans satisfactory to the
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this section,
of any loan made to an eligible country, the President should consult
with the country concerning the amount of loans to be sold, reduced, or
canceled and their uses for debt-for-equity swaps, debt-for-development
swaps, or debt-for-nature swaps.
(e) Availability of Funds.--The authority provided by subsection
(a) may be used only with regard to funds appropriated by this Act
under the heading ``DEBT RESTRUCTURING''.
basic education
Sec. 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.
(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'').
(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.
(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.
(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.
(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.
reconciliation programs
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.
sudan
Sec. 669. (a) Limitation on Assistance.--Subject to subsection (d):
(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.
(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 to the Committees on Appropriations that:
(1) The Government of Sudan honors its pledges to cease
attacks upon civilians and disarms and demobilizes 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.
(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.
(c) Exceptions.--The provisions of subsection (b) shall not apply
to--
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, and
Abyei; and
(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.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'', shall not include the Government of Southern
Sudan.
(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--
(1) determines that the provision of such items is in the
national interest of the United States; and
(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.
trade capacity building
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.
excess defense articles for central and south european countries and
certain other countries
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.
assistance to colombia law enforcement to combat illegal armed groups
Sec. 672. (a) Assistance to Law Enforcement and Intelligence
Agencies.--
(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--
(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
(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.
(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.
(b) Illegal Armed Groups.--
(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--
(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
(B) has committed, ordered, incited, assisted, or
otherwise participated in the commission of gross
violations of human rights, including extra-judicial
killings, in Colombia.
(2) Waiver.--Paragraph (1) shall not apply if the Secretary
of State determines and certifies to the 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.
cuba
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.
gender-based violence
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.
limitation on economic support fund assistance for certain foreign
governments that are parties to the international criminal court
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.
(b) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a North Atlantic Treaty
Organization (``NATO'') member country, a major non-NATO ally
(including Australia, Egypt, Israel, Japan, Jordan, Argentina, the
Republic of Korea, and New Zealand), Taiwan, or such other country as
he may determine if he determines and reports to the appropriate
congressional committees that it is important to the national interests
of the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive the
prohibition of subsection (a) with respect to a particular country if
he determines and reports to the appropriate congressional committees
that such country has entered into an agreement with the United States
pursuant to Article 98 of the Rome Statute preventing the International
Criminal Court from proceeding against United States personnel present
in such country.
(d) The prohibition of this section shall not apply to countries
otherwise eligible for assistance under the Millennium Challenge Act of
2003, notwithstanding section 606(a)(2)(B) of such Act.
tibet
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.
(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.
western hemisphere
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.
(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--
(1) $48,000,000 for assistance for Colombia;
(2) $4,800,000 for assistance for El Salvador;
(3) $500,000 for assistance for Honduras;
(4) $300,000 for assistance for Bolivia;
(5) $250,000 for assistance for Guatemala; and
(6) $100,000 for assistance for Belize.
(c) Funds made available pursuant to subsection (b) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
united states agency for international development management
(including transfer of funds)
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.
(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 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.
(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.
(e) Consultations.--The USAID Administrator shall consult with the
Committees on Appropriations at least on a quarterly basis concerning
the implementation of this section.
(f) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which such individual's responsibilities
primarily relate. Funds made available to carry out this section may be
transferred to and merged and consolidated with funds appropriated for
``OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT''.
(g) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise available
for such purposes, up to $10,000,000 to fund overseas support costs of
members of the Foreign Service with a Foreign Service rank of four or
below: Provided, That such authority is only used to reduce USAID's
reliance on overseas personal services contractors or other 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''.
(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.
opic transfer authority
(including transfer of funds)
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.
reporting requirement
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.
anticorruption provisions
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:
(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).
(2) The World Bank proposal ``Increasing the Use of Country
Systems in Procurement'' dated March 2005 has been withdrawn.
(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.
(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.
(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.
(6) Loan agreements between the World Bank and the
Borrowers have been made public.
indonesia
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--
(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;
(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
(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.
establishment of the growth fund
Sec. 683. Establishment of the GROWTH Fund.--
(a) Establishment.--
(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--
(A) increasing women-owned enterprise development;
(B) increasing property rights for women;
(C) increasing women's access to financial
services;
(D) increasing women in leadership in implementing
organizations, such as indigenous nongovernmental
organizations, community-based organizations, and
regulated financial intermediaries;
(E) improving women's employment benefits and
conditions; and
(F) increasing women's ability to benefit from
global trade.
(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.
(b) Activities Supported.--The Fund shall be available to USAID
missions to support--
(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;
(2) microfinance and microenterprise development programs
that--
(A) specifically target women with respect to
outreach and marketing; and
(B) provide products specifically to address
women's assets, needs, and the barriers women encounter
with respect to participation in enterprise and
financial services;
(3) programs, projects, and activities for enterprise
development for women in developing countries that--
(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;
(B) promote access to information and communication
technologies (ICT) with training in ICT for women-owned
small- and medium-sized enterprises;
(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;
(D) provide resources to establish and enhance
local, national, and international networks and
associations of women-owned small- and medium-sized
enterprises;
(E) provide incentives for nongovernmental
organizations and regulated financial intermediaries to
develop products, services, and marketing and outreach
strategies specifically designed to facilitate and
promote women's participation in small- and medium-
sized business development programs by addressing
women's assets, needs, and the barriers they face to
participation in enterprise and financial services; and
(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;
(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--
(A) advocate to amend and harmonize statutory and
customary law to give women equal rights to own, use,
and inherit property;
(B) promote legal literacy among women and men
about property rights for women and how to exercise
such rights;
(C) assist women in making land claims and
protecting women's existing claims; and
(D) advocate for equitable land titling and
registration for women;
(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--
(A) public education efforts to inform poor women
and men of their legal rights related to employment;
(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;
(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
(D) advocacy efforts to protect the rights of women
in the workplace, including--
(i) developing programs with the
participation of civil society to eliminate
gender-based violence; and
(ii) providing capacity-building assistance
to women's organizations to effectively
research and monitor labor rights conditions;
(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;
(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;
(8) capacity-building for women entrepreneurs, including
microentrepreneurs, on production strategies, quality
standards, formation of cooperatives, market research, and
market development;
(9) capacity-building to women, including poor women, to
promote diversification of products and value-added processing;
(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;
(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
(12) technical assistance and capacity-building to local,
indigenous civil society for--
(A) local indigenous women's organizations to the
maximum extent practicable; and
(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.
peacekeeping cap
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.''.
limitation on basing in iraq
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.
prohibition on use of torture
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.
report on indonesian cooperation
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:
(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.
(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.
(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.
(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.
limitation on assistance to foreign countries that refuse to extradite
to the united states any individual accused in the united states of
killing a law enforcement officer
Sec. 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.
governments that have failed to permit certain extraditions
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.
international monetary fund budget and hiring ceilings
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.
environment programs
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.
(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:
(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.
(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--
(A) to promote the transfer and deployment of a
wide range of United States clean energy and energy
efficiency technologies;
(B) to assist in the measurement, monitoring,
reporting, verification, and reduction of greenhouse
gas emissions;
(C) to promote carbon capture and sequestration
measures;
(D) to help meet such countries' responsibilities
under the Framework Convention on Climate Change; and
(E) to develop assessments of the vulnerability to
impacts of climate change and mitigation and adaptation
response strategies.
(c) Extraction of Natural Resources.--(1) The Secretary of the
Treasury shall inform the managements of the international financial
institutions and the public that it is the policy of the United States
that any assistance by such institutions (including but not limited to
any loan, credit, grant, or guarantee) for the extraction and export of
oil, gas, coal, timber, or other natural resource should not be
provided unless the government of the country has in place or is taking
the necessary steps to establish functioning systems for--
(A) accurately accounting for revenues and expenditures in
connection with the extraction and export of the type of
natural resource to be extracted or exported;
(B) the independent auditing of such accounts and the
widespread public dissemination of the audits; and
(C) verifying government receipts against company payments
including widespread dissemination of such payment information,
and disclosing such documents as Host Government Agreements,
Concession Agreements, and bidding documents, allowing in any
such dissemination or disclosure for the redaction of, or
exceptions for, information that is commercially proprietary or
that would create competitive disadvantage.
(2) Not later than 180 days after the enactment of this Act, the
Secretary of the Treasury shall submit a report to the Committees on
Appropriations describing, for each international financial
institution, the amount and type of assistance provided, by country,
for the extraction and export of oil, gas, coal, timber, or other
national resource since September 30, 2005.
uzbekistan
Sec. 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.
discrimination against minority religious faiths in the russian
federation
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.
war crimes in africa
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.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the central
government of a country in which individuals indicted by ICTR and SCSL
are credibly alleged to be living, if the Secretary of State determines
and reports to the Committees on Appropriations that such government is
cooperating with ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this subsection shall not
apply to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II of this
Act: Provided further, That the United States shall use its voice and
vote in the United Nations Security Council to fully support efforts by
ICTR and SCSL to bring to justice individuals indicted by such
tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a country by
country basis if the President determines that doing so is in the
national security interest of the United States: Provided, That prior
to exercising such waiver authority, the President shall submit a
report to the Committees on Appropriations, in classified form if
necessary, on--
(1) the steps being taken to obtain the cooperation of the
government in surrendering the indictee in question to the
court of jurisdiction;
(2) a strategy, including a timeline, for bringing the
indictee before such court; and
(3) the justification for exercising the waiver authority.
combatting piracy of united states copyrighted materials
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:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of intellectual
property laws.
(2) The provision of training for judges and prosecutors,
including in the interpretation of intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property Organization.--In
carrying out the program authorized by subsection (a), the Secretary
shall, to the maximum extent practicable, consult with and provide
assistance to the World Intellectual Property Organization in order to
promote the integration of countries described in subsection (a) into
the global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``INTERNATIONAL NARCOTICS CONTROL AND LAW
ENFORCEMENT'', $5,000,000 may be made available in fiscal year 2008 for
the program authorized by subsection (a).
oversight of iraq reconstruction
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--
(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).'';
(2) in subsection (o)(1)(B) by striking ``fiscal year 2006
or fiscal year 2007'' and inserting ``fiscal years 2006 through
2008''; and
(3) 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.''.
(b) Section 1054(a) of Public Law 109-364 is amended by striking
``fiscal year 2006'' and inserting ``fiscal years 2006 through 2008''.
united nations headquarters renovation
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.
neglected diseases
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.
assistance for egypt
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--
(1) enact and implement a new judicial authority law that
protects the independence of the judiciary;
(2) review criminal procedures and train police leadership
in modern policing to curb police abuses; and
(3) detect and destroy the smuggling network and smuggling
tunnels that lead from Egypt to Gaza.
relief for the hmong and montagnards
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
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)''.
report on anti-corruption activities
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''.
(b) Matters To Be Included.--The report required by subsection (a)
shall--
(1) assess the level of corruption in each country's
political, economic, and judicial sectors, including detailed
information regarding specific acts of corruption;
(2) assess the extent to which recent elections in each
country have been free and fair;
(3) include information regarding steps each country has
taken to combat corruption;
(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
(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.
(c) Methodology.--Not later than September 30, 2007, the Secretary
of State shall provide to the Committees on Appropriations a detailed
description of--
(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
(2) the indicators upon which the Secretary will make such
assessments.
programs to improve democracy, the rule of law, and governance in iran
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.
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).
limitation on use of funds relating to restrictions on relations with
taiwan
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''.
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)).
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).
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.
Sec. 699I. None of the funds made available in this Act under the
heading ``Economic Support Fund'' may be made available for Ethiopia.
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.
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.
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.
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.
prohibition against assistance to saudi arabia
Sec. 699N. None of the funds appropriated or otherwise made
available pursuant to this Act--
(1) shall be obligated or expended to finance any
assistance to Saudi Arabia; or
(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.
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.
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.