[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3288 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 889
110th CONGRESS
  2d Session
                                S. 3288

                          [Report No. 110-425]

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2009, and 
                          for other purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 18 (legislative day, July 17), 2008

    Mr. Leahy, from the Committee on Appropriations, reported under 
 authority of the order of the Senate of January 4, 2007 the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2009, 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, 2009, and for other purposes, namely:

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, $5,290,000,000, of which 
$1,137,452,000 is for Worldwide Security Protection (to remain 
available until expended), to be allocated as follows:
            (1) Human resources.--For necessary expenses for training, 
        human resources management, and salaries, including employment 
        without regard to civil service and classification laws of 
        persons on a temporary basis (not to exceed $700,000), as 
        authorized by section 801 of the United States Information and 
        Educational Exchange Act of 1948, $2,073,278,000 to remain 
        available until September 30, 2010.
            (2) Overseas programs.--For necessary expenses for the 
        regional bureaus of the Department of State and overseas 
        activities as authorized by law, $1,515,683,000, to remain 
        available until September 30, 2010.
            (3) Diplomatic policy and support.--For necessary expenses 
        for the functional bureaus of the Department of State including 
        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, general administration, and arms control, 
        nonproliferation and disarmament activities as authorized, 
        $572,562,000, to remain available until September 30, 2010.
            (4) Security programs.--For necessary expenses for security 
        activities, $1,128,477,000, to remain available until September 
        30, 2010.
            (5) Fees and payments collected.--
                    (A) Not to exceed $1,605,150 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, and, 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;
                    (B) 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
                    (C) not to exceed $15,000, which shall be derived 
                from reimbursements, surcharges and fees for use of 
                Blair House facilities.
            (6) Transfer and reprogramming.--
                    (A) Notwithstanding any provision of this Act, 
                funds may be reprogrammed within and between 
                subsections under this heading subject to section 714 
                of this Act.
                    (B) Of the amount made available under this 
                heading, not to exceed $10,000,000 may be transferred 
                to, and merged with, funds appropriated by this Act 
                under the heading ``Emergencies in the Diplomatic and 
                Consular Service'', to be available only for emergency 
                evacuations and terrorism rewards.
                    (C) Funds appropriated under this heading are 
                available for acquisition by exchange or purchase of 
                passenger motor vehicles as authorized by law and, 
                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.

                   civilian stabilization initiative

                     (including transfer of funds)

    For necessary expenses to establish, support, maintain, mobilize, 
and deploy a civilian response corps, and for related reconstruction 
and stabilization assistance to prevent or respond to conflict or civil 
strife in foreign countries or regions, or to enable transition from 
such strife, $115,000,000, to remain available until expended: 
Provided, That up to $23,014,000 may be made available to provide 
administrative expenses for the Office of the Coordinator for 
Reconstruction and Stabilization: Provided further, That after 
consultation with the Committees on Appropriations and subject to the 
regular notification procedures of the Committees on Appropriations, 
the Secretary of State may transfer and merge up to $50,000,000 of 
funds made available under any other heading in titles I, II, III and 
IV of this Act and prior Acts making appropriations for the Department 
of State, foreign operations, export financing, and related programs, 
with funds made available under this heading to support an actively 
deployed civilian response corps: Provided further, That the 
administrative authorities of the Foreign Assistance Act of 1961 may be 
utilized for assistance furnished with such funds: Provided further, 
That funds allocated or reprogrammed for purposes of this section shall 
remain available until expended: Provided further, That none of the 
funds appropriated under this heading may be obligated or expended 
until the Secretary of State clarifies in writing to the Committees on 
Appropriations the relationship between existing international disaster 
response capabilities of the United States Government and funding 
sources (including under the headings ``International Disaster 
Assistance'' and ``Transition Initiatives'' in this Act) and the 
Civilian Stabilization Initiative.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, $71,000,000, 
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, 
$40,000,000, 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, $545,250,000, 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.

                       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, 
$12,000,000, to remain available until September 30, 2010.

            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, $800,000,000, 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: Provided further, That funds made 
available by this paragraph may not be obligated until a plan is 
submitted to the Committees on Appropriations with the proposed 
allocation of funds made available by this Act and by proceeds of sales 
for all projects in fiscal year 2009.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $830,000,000, to remain 
available until expended: Provided, That the New Embassy Compound in 
London, United Kingdom shall be designed and built in a manner that is 
architecturally appropriate and consistent with the surrounding 
physical environment, and in a manner that does not compromise security 
requirements.
    In addition, for necessary expenses for overseas facility 
construction and related costs for the United States Agency for 
International Development, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $135,225,000, to remain available until 
expended.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

    For expenses necessary to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$9,000,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to, and merged with, funds 
appropriated by this Act under the heading ``Repatriation Loans Program 
Account'', subject to the same terms and conditions.

                    buying power maintenance account

    To offset adverse fluctuations in foreign currency exchange rates 
and/or overseas wage and price changes, as authorized by section 24(b) 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2696(b)), $5,000,000, to remain available until expended.

                   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, $675,000, which may be transferred to, and merged 
with, funds appropriated by this Act under the heading ``Diplomatic and 
Consular Programs''.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act 
(Public Law 96-8), $16,840,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized by law, $157,100,000.

                      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, $1,529,400,000: 
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: Provided 
further, That any payment of arrearages under this title shall be 
directed toward activities that are mutually agreed upon by the United 
States and the respective international organization: Provided further, 
That none of the funds appropriated by 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, $1,650,000,000, of 
which 15 percent shall remain available until September 30, 2010: 
Provided, That none of the funds appropriated by 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 
a 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 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 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) notification pursuant to section 
714 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 Committees on Appropriations 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, $32,256,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $52,250,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided, $11,320,000, of 
which $6,870,000 is for the International Joint Commission and 
$2,250,000 is for the International Boundary Commission, United States 
and Canada, as authorized by treaties between the United States and 
Canada or Great Britain, and $2,200,000 is for the Border Environment 
Cooperation Commission as authorized by Public Law 103-182: Provided, 
That of the amount provided under this heading for the International 
Joint Commission, $7,000 may be made available for representation 
expenses 45 days after submission to the Committees on Appropriations 
of a report detailing obligations, expenditures, and associated 
activities for fiscal years 2006, 2007, and 2008, including any 
unobligated funds which expired at the end of each fiscal year and the 
justification for why such funds were not obligated.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $30,025,000: Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324: Provided further, 
That funds appropriated under this heading shall be available for 
programs in the amounts contained in the table included in the 
committee report accompanying this Act and no proposal for deviation 
from those amounts shall be considered.

                             RELATED AGENCY

                    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, $682,064,000: 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: Provided further, 
That of the funds appropriated under this heading, not less than 
$8,000,000 shall be made available for broadcasts into North Korea.

                   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, $11,296,000, to remain 
available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

    For a grant to the Asia Foundation, as authorized by the Asia 
Foundation Act (22 U.S.C. 4402), $16,000,000, to remain available until 
expended, as authorized.

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $31,000,000, to 
remain available until September 30, 2010.

         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, 2009, 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, 2009, 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, 2009, to remain available until expended.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$22,000,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    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 and notwithstanding any other provision of law or 
regulation, $120,000,000, to remain available until expended.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $599,000, 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), 
$4,000,000, to remain available until September 30, 2010.

            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, $2,610,000, 
to remain available until September 30, 2010.

  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, 2010.

      United States-China Economic and Security Review Commission

                         salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, $1,000,000, including not more than $4,000 
for the purpose of official representation, to remain available until 
September 30, 2010: Provided, That none of the funds may be obligated 
until the Commission submits a spending plan to the Committees on 
Appropriations which effectively addresses the recommendations of the 
Government Accountability Office's audit of the Commission (GAO-07-
1128): Provided further, That the Commission shall provide to the 
Committees on Appropriations an annual financial plan no later than 90 
days after enactment of this Act, and a quarterly accounting of the 
cumulative balances of any unobligated funds that were received by the 
Commission during any previous fiscal year.

          United States Senate-China Interparliamentary Group

                         salaries and expenses

    For necessary expenses of the United States Senate-China 
Interparliamentary Group, as authorized under section 153 of the 
Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
99; 118 Stat. 448), $150,000, to remain available until September 30, 
2010.

                     GENERAL PROVISIONS--THIS TITLE

                      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 interests of 
the United States and the President has not submitted to the Congress 
such a recommendation.

                     senior policy operating group

    Sec. 105. (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. 106. For the purposes of registration of birth, certification 
of nationality, or issuance of a passport of a United States citizen 
born in the city of Jerusalem, the Secretary of State shall, upon 
request of the citizen, record the place of birth as Israel.

                          consulting services

    Sec. 107. 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.

                         broadcasting programs

    Sec. 108. Of the funds appropriated under the heading ``Diplomatic 
and Consular Programs'' in this Act, $1,000,000 shall be made available 
to the Bureau of International Information Programs to disseminate 
information in Mandarin in the People's Republic of China, including on 
issues of governance, transparency, corruption, rule of law, and the 
environment, and the findings of the report required by section 
735(f)(2) of this Act, through the Internet, text messaging or other 
means, directed to economically depressed areas of the People's 
Republic of China: Provided, That such funds are in addition to funds 
otherwise made available for such purposes: Provided further, That the 
Department of State shall consult with the Committees on Appropriations 
prior to the initial obligation of funds appropriated by this section.

                      state department authorities

    Sec. 109. (a) 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)).
    (b) During fiscal year 2009, foreign service annuitants may be 
employed, notwithstanding section 316.401 of title 5, Code of Federal 
Regulations, pursuant to waivers under section 824(g)(1)(C)(ii) of the 
Foreign Service Act of 1980 (22 U.S.C. 4064(g)(1)(C)(ii)).

                           personnel actions

    Sec. 110. 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 714 of title VII 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. 111. 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)), supports international terrorism.

                        peacekeeping assessment

    Sec. 112. Section 404(b)(2)(B) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is 
amended by deleting subsection (v) and inserting in lieu thereof:
    ``(v) For assessments made during each of the calendar years 2005, 
2006, 2007, 2008, and 2009, 27.1 percent.''.

                    commission financial management

    Sec. 113. (a) Requirement for Performance Reviews.--The United 
States-China Economic and Security Review Commission shall comply with 
chapter 43 of title 5, United States Code, regarding the establishment 
and regular review of employee performance appraisals.
    (b) Limitation on Cash Awards.--The United States-China Economic 
and Security Review Commission shall comply with section 4505a of title 
5, United States Code, with respect to limitations on payment of 
performance-based cash awards.

                      transparency in broadcasting

    Sec. 114. Funds appropriated under the heading ``International 
Broadcasting Operations'' in this Act for programs and activities 
supporting international broadcasting to the Middle East and Iran in 
fiscal year 2009 may be made available if the United States Department 
of State and the Broadcasting Board of Governors Inspector General 
reports to the Committees on Appropriations that such broadcasting 
meets the standards in the Office of Inspector General report ISP-IB-
08-45, May 2008.

                        consular affairs reform

    Sec. 115. Of the funds made available in fiscal year 2009 as 
revenue from fees for the Department of State Border Security Program, 
20 percent are withheld until the Secretary of State certifies and 
reports to the Committees on Appropriations that the Department of 
State is implementing recommendations contained in the Office of 
Inspector General audit ``Review of Controls and Notification for 
Access to Passport Records in the Department of State's Passport 
Information Electronic Records System (PIERS)'' (AUD/IP-08-29), July 
2008.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Administration of Foreign Assistance

                  Funds Appropriated To The President

   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, $817,184,000, of which up to 
$35,000,000 may remain available until September 30, 2010: Provided, 
That none of the funds appropriated under this heading and under the 
heading ``Capital Investment Fund'' in this Act 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 (USAID), unless the 
USAID 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 funds for 
such purposes: Provided further, That the previous proviso shall not 
apply when 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 2010: 
Provided further, That any decision to open a new USAID overseas 
mission or office or, except where there is a substantial security risk 
to mission personnel, to close or significantly reduce the number of 
personnel of any such mission or office, shall be subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the authority of sections 610 and 109 of the 
Foreign Assistance Act of 1961 may be exercised by the Secretary of 
State to transfer funds appropriated to carry out chapter 1 of part I 
of such Act to ``Operating Expenses of the United States Agency for 
International Development'' in accordance with the provisions of those 
sections: Provided further, That not later than 90 days after enactment 
of this Act, the USAID Administrator, after consulting with the 
Secretaries of Defense, Treasury, Agriculture, Interior, Energy, and 
Health and Human Services, the Director of the Centers for Disease 
Control and Prevention, the Administrator of the Environmental 
Protection Agency, and the heads of other relevant Federal departments 
and agencies, shall submit to the Committees on Appropriations a 
recruitment strategy for current and former employees from such 
departments and agencies who possess skills and/or overseas experience 
which would enhance USAID's capacity to carry out its mission: Provided 
further, That notwithstanding any other provision of law, funds made 
available under this heading may be made available to implement the 
strategy described in the previous proviso, subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That notwithstanding section 307 of the Foreign Service Act of 
1980, the USAID Administrator may hire up to 50 individuals per year 
under the Development Leadership Initiative: Provided further, That the 
authority contained in the previous proviso shall expire on September 
30, 2011.

 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, $35,775,000, 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.

   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, $42,600,000, to remain available 
until September 30, 2010, which sum shall be available for the Office 
of the Inspector General of the United States Agency for International 
Development.

                               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, 2009, unless 
otherwise specified herein, as follows:

                    global health and child survival

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for global 
health activities, in addition to funds otherwise available for such 
purposes, $1,961,000,000, to remain available until September 30, 2010, 
and which shall be apportioned directly to the United States Agency for 
International Development: Provided, That none of the funds 
appropriated under this paragraph 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 paragraph, not to exceed $400,000, 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 of the funds appropriated under this paragraph the following 
amounts should be allocated as follows: $500,000,000 for child survival 
and maternal health; $15,000,000 for vulnerable children; $350,000,000 
for HIV/AIDS, of which not less than $45,000,000 shall be made 
available to support the development of microbicides; $661,000,000 for 
other infectious diseases, including $385,000,000 for malaria control 
and $155,000,000 for tuberculosis control, of which $15,000,000 shall 
be used for the Global TB Drug Facility, and $26,000,000 for the 
control of neglected tropical diseases; and $435,000,000 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 paragraph, $75,000,000 should 
be made available for a United States contribution to The GAVI Fund, 
and up to $5,000,000 may be transferred to and merged with funds 
appropriated by this Act under the heading ``Operating Expenses of the 
United States Agency for International Development'' for costs directly 
related to global health, but funds made available for such costs may 
not be derived from amounts made available for contributions under this 
and preceding provisos: Provided further, That none of the funds made 
available by this Act nor any unobligated balances from prior 
appropriations Acts may be made available to any organization or 
program which, as determined by the Secretary of State, 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 6 months 
after the date of enactment of this Act, and must be accompanied by a 
comprehensive analysis as well as the 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 the Department of State, foreign 
operations, 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 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.
    In addition, 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, $4,779,000,000, to remain 
available until expended, and which shall be apportioned directly to 
the Department of State: Provided, That of the funds appropriated under 
this paragraph, not less than $600,000,000 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 up to 3 percent of the aggregate 
amount of funds made available to the Global Fund in fiscal year 2009 
may be made available to the United States Agency for International 
Development for technical assistance related to the activities of the 
Global Fund: Provided further, That of the funds appropriated under 
this paragraph, up to $14,000,000 may be made available, in addition to 
amounts otherwise available for such purposes, for administrative 
expenses of the Office of the Global AIDS Coordinator: Provided 
further, That of the funds appropriated under this paragraph, not less 
than $40,000,000 shall be made available for a United States 
contribution to UNAIDS: Provided further, That funds made available 
under this heading shall be made available notwithstanding the second 
sentence of section 403(a) of Public Law 108-25.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and sections 251 through 255, and chapter 10 of part I of the 
Foreign Assistance Act of 1961, $1,850,000,000, to remain available 
until September 30, 2010: Provided, That of the funds appropriated 
under this heading that are made available for assistance programs for 
displaced and orphaned children and victims of war, not to exceed 
$44,000, in addition to funds otherwise available for such purposes, 
may be used to monitor and provide oversight of such programs: Provided 
further, That of the funds appropriated by this Act, not less than 
$250,000,000 shall be made available for microenterprise and 
microfinance development programs for the poor, especially women: 
Provided further, That of the funds appropriated under this heading, 
not less than $29,000,000 shall be made available for Collaborative 
Research Support Programs: Provided further, That of the funds 
appropriated under this heading, not less than $22,500,000 shall be 
made available for the American Schools and Hospitals Abroad program: 
Provided further, That of the funds appropriated under this heading, 
$10,000,000 shall be made available for cooperative development 
programs within the Office of Private and Voluntary Cooperation: 
Provided further, That of the funds appropriated in this Act, not less 
than $300,000,000 shall be made available for programs and activities 
to implement the Senator Paul Simon Water for the Poor Act of 2005 
(Public Law 109-121), including for monitoring of water quality, of 
which not less than $125,000,000 should be made available for such 
projects in Africa.

                   international disaster assistance

    For necessary expenses to carry out the provisions of section 491 
of the Foreign Assistance Act of 1961 for international disaster 
relief, rehabilitation, and reconstruction assistance, $450,000,000, to 
remain available until expended.

                          global food security

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, to enhance 
global food security and for agricultural development programs, 
notwithstanding any other provision of law and in addition to funds 
otherwise made available for such purposes, $150,000,000, to remain 
available until expended: Provided, That funds shall be made available 
for local or regional purchase and distribution of food: Provided 
further, That prior to the obligation of funds and after consultation 
with other relevant Federal departments and agencies, the Committees on 
Appropriations, and relevant nongovernmental organizations, the 
Administrator of the United States Agency for International Development 
shall submit to the Committees on Appropriations a strategy for 
achieving the goals of this paragraph, specifying the intended country 
beneficiaries, amounts of funding, types of activities to be funded, 
and expected quantifiable results: Provided further, That of the funds 
appropriated under this heading, not less than $7,000,000 shall be made 
available for a United States contribution to the Global Crop Diversity 
Trust: Provided further, That notwithstanding any other provision of 
law, to include minimum funding requirements or funding directives, 
funds made available under the headings ``Development Assistance'' and 
``Economic Support Fund'' in prior Acts making appropriations for 
foreign operations, export financing, and related programs may be made 
available to address critical food shortages, subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $50,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis: Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a report to 
the Committees on Appropriations at least 5 days prior to beginning a 
new program of assistance: Provided further, That if the Secretary of 
State determines that it is important to the national interests of the 
United States to provide transition assistance in excess of the amount 
appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading: Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.

                      development credit authority

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$25,000,000 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 Europe, Eurasia and Central Asia'': Provided, That funds provided 
under this paragraph and funds provided as a gift pursuant to section 
635(d) of the Foreign Assistance Act of 1961 shall be made available 
only for micro and small enterprise programs, urban programs, and other 
programs which further the purposes of part I of such 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.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $9,000,000, which 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'': Provided, 
That funds made available under this heading shall remain available 
until September 30, 2011.

                         economic support fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $3,098,904,000, to 
remain available until September 30, 2010: Provided, That $11,000,000 
of the funds appropriated under this heading should be made available 
for Cyprus to be used only for scholarships, administrative support of 
the scholarship program, bicommunal projects, and measures aimed at 
reunification of the island and designed to reduce tensions and promote 
peace and cooperation between the two communities on Cyprus: Provided 
further, That 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.

                             democracy fund

    (a) For necessary expenses to carry out the provisions of the 
Foreign Assistance Act of 1961 for the promotion of democracy globally, 
$117,500,000, to remain available until September 30, 2011, of which 
$85,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State.
    (b) Of the funds appropriated under this heading that are made 
available to the Bureau of Democracy, Human Rights and Labor, not less 
than $25,000,000 shall be made available for the promotion of democracy 
in the People's Republic of China, Hong Kong, and Taiwan, and not less 
than $10,000,000 shall be made available for the promotion of democracy 
in countries located outside the Middle East region with a significant 
Muslim population, and where such programs and activities would be 
important to respond to, deter, or prevent extremism: Provided, That 
assistance for Taiwan should be matched from sources other than the 
United States Government.
    (c) Of the funds appropriated under this heading, $5,000,000 shall 
be made available for Internet activities to expand access and 
information in closed societies.
    (d) Of the funds appropriated under this heading, $2,500,000 shall 
be made available for the promotion of democracy in Syria, $2,500,000 
shall be made available for such programs in Libya, and $2,500,000 
shall be made available for such programs in North Korea.
    (e) Of the funds appropriated under this heading, up to $20,000,000 
shall be made available for programs to promote democracy in Iran and 
to counter the political influence of the Government of Iran in Lebanon 
and the West Bank and Gaza: Provided, That none of such funds may be 
used for educational and cultural exchanges.
    (f) Funds appropriated by this Act that are made available for the 
promotion of democracy may be made available notwithstanding any other 
provision of law. Funds appropriated under this heading are in addition 
to funds otherwise made available for such purposes.
    (g) For the purposes of funds appropriated by this Act, the term 
``promotion of democracy'' means programs that support good governance, 
human rights, independent media, and the rule of law, and otherwise 
strengthen the capacity of democratic political parties, governments, 
nongovernmental organizations and institutions, and citizens to support 
the development of democratic states, institutions, and practices that 
are responsive and accountable to citizens.
    (h) Any contract, grant, or cooperative agreement (or any amendment 
to any contract, grant, or cooperative agreement) in excess of 
$2,500,000 for the promotion of democracy under this Act, with the 
exception of programs and activities of the National Endowment for 
Democracy, shall be subject to the regular notification procedures of 
the Committees on Appropriations.

            assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act, and the Support for 
East European Democracy (SEED) Act of 1989, $661,733,000, to remain 
available until September 30, 2010, which shall be available, 
notwithstanding any other provision of law, for assistance and for 
related programs for countries identified in section 3 of the FREEDOM 
Support Act and section 3(c) of the SEED Act: Provided, That 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: Provided further, That 
notwithstanding any provision of this or any other Act, funds 
appropriated in prior years under the headings ``Independent States of 
the Former Soviet Union'' and similar headings and ``Assistance for 
Eastern Europe and the Baltic States'' and similar headings, and 
currencies generated by or converted from such funds, shall be 
available for use in any country for which funds are made available 
under this heading without regard to the geographic limitations of the 
heading under which such funds were originally appropriated: Provided 
further, That funds made available for the Southern Caucasus region may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of conflicts: Provided further, 
That of the funds appropriated under this heading, not less than 
$9,000,000 shall be made available for humanitarian, conflict 
mitigation, human rights, civil society, and relief and recovery 
assistance for the North Caucasus: Provided further, That of the funds 
appropriated under this heading that are available for assistance for 
Russia, not less than $500,000 shall be made available to the United 
States Forest Service for forest management and wildlife conservation 
programs in the Russian Far East: Provided further, That the terms and 
conditions of sections 617(c), (e), and (f) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110-161) shall apply to funds appropriated 
under this heading.

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $925,000,000, to remain available until 
September 30, 2011: Provided, That during fiscal year 2009, 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 or international 
organization 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, $5,000,000 should be made 
available to combat piracy of United States copyrighted materials, 
consistent with the requirements of section 688(a) and (b) of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161): Provided 
further, That of the funds appropriated under this heading, not more 
than $44,000,000 may be available for administrative expenses.

                      andean counterdrug programs

    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, $315,000,000, to remain available until 
September 30, 2011: 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 appropriated under this heading, not more than $16,000,000 may be 
available for administrative expenses of the Department of State, and 
not more than $8,000,000 may be available, in addition to amounts 
otherwise available for such purposes, for administrative expenses of 
the United States Agency for International Development.

                          Department of State

                    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, $1,100,000,000, to remain available until expended, of which not 
more than $24,000,000 may be available for administrative expenses.

     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)), $50,000,000, 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, $564,000,000, 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 $45,000,000, 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, except that this 
limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations: 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 in 
the activities of that Agency: Provided further, That of the funds 
appropriated under this heading, not more than $750,000 may be made 
available for public-private partnerships for conventional weapons and 
mine action by grant, cooperative agreement or contract: 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, 2010.

                          Independent Agencies

                              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, $337,000,000, to remain available until September 
30, 2010: 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 $3,000,000: 
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

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the 
Millennium Challenge Act of 2003, $254,000,000, to remain available 
until expended, of which up to $85,000,000 may be available for 
administrative expenses of the Millennium Challenge Corporation: 
Provided, 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.

                       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, $25,000,000, to remain available 
until September 30, 2010.

                     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), 
$35,000,000, to remain available until September 30, 2010: 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, 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 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.

                       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, $29,000,000, to remain available 
until September 30, 2011, which shall be available notwithstanding any 
other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, of modifying concessional credit agreements with least developed 
countries, as authorized under section 411 of the Agricultural Trade 
Development and Assistance Act of 1954, as amended, of concessional 
loans, guarantees and credit agreements, as authorized under section 
572 of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts 
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt 
reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113, $85,000,000, to remain 
available until September 30, 2011: 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 
notify 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 notify 
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

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $257,200,000: Provided, That of 
the funds made available under this heading, not less than $25,000,000 
shall be made available for a United States contribution to the 
Multinational Force and Observers mission in the Sinai: Provided 
further, That none of the funds appropriated under this heading shall 
be obligated or expended except as provided through the regular 
notification procedures of the Committees on Appropriations.

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $91,500,000, of which up to 
$3,000,000 may remain available until expended and may only be provided 
through the regular notification procedures of the Committees on 
Appropriations: Provided, 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 under this heading for assistance for Haiti, Guatemala, 
the Democratic Republic of the Congo, Sri Lanka, Nepal, Ethiopia, 
Bangladesh, Libya, and Angola may only be provided through the regular 
notification procedures of the Committees on Appropriations and any 
such notification shall include a detailed description of proposed 
activities.

                   foreign military financing program

                     (including transfer of funds)

    For expenses necessary for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$4,479,000,000: Provided, 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 
$2,000,000 of the funds appropriated under this heading shall be 
transferred to and merged with funds appropriated under the heading 
``Diplomatic and Consular Programs'' in this Act to be made available 
to the Bureau of Democracy, Human Rights and Labor, Department of 
State, to ensure adequate monitoring of the uses of assistance made 
available under this heading, in addition to amounts otherwise 
available for such purposes, subject to prior consultation with 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, 
including that such defense articles or services will be used only in 
accordance with international law: Provided, That all country and 
funding level increases in allocations shall be submitted through the 
regular notification procedures of section 714 of this Act: Provided 
further, That none of the funds appropriated under this heading may be 
made available for assistance for Haiti, Guatemala, Nepal, Sri Lanka, 
Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, 
and Democratic Republic of the Congo except pursuant to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That funds made available under this heading may be used, 
notwithstanding any other provision of law, for demining, the clearance 
of unexploded ordnance, and related activities, and may include 
activities implemented through nongovernmental and international 
organizations: Provided further, That only those countries for which 
assistance was justified for the ``Foreign Military Sales Financing 
Program'' in the fiscal year 1989 congressional presentation for 
security assistance programs may utilize funds made available under 
this heading for procurement of defense articles, defense services or 
design and construction services that are not sold by the United States 
Government under the Arms Export Control Act: Provided further, That 
funds appropriated under this heading shall be expended at the minimum 
rate necessary to make timely payment for defense articles and 
services: Provided further, That not more than $51,000,000 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 $470,000,000 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 2009 
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.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                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, $364,000,000.

  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, $18,000,000, to remain available until expended.

                  International Financial Institutions

                      global environment facility

    For the United States contribution for the Global Environment 
Facility, $100,000,000 to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended: 
Provided, That of the funds appropriated under this heading, 
$20,000,000 shall be made available for a United States contribution to 
the Least Developed Countries Fund to support grants for climate change 
adaptation programs and activities, including National Adaptation 
Programs of Action, if the Global Environment Facility makes publicly 
available on its website an annual report detailing: the criteria used 
to determine which programs and activities receive funds; the manner in 
which specific programs and activities meet such criteria; the extent 
of local community involvement in such programs and activities; the 
amount of funds provided; and results achieved.

       contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,177,000,000, to remain available until 
expended.

                        clean energy technology

                     (including transfer of funds)

    For contributions to an international clean energy technology fund 
established by the World Bank or by another multilateral or bilateral 
entity, $200,000,000, to remain available until September 30, 2010: 
Provided, That funds appropriated under this heading may be made 
available if the Secretary of the Treasury certifies and reports to the 
Committees on Appropriations that: (1) the fund will operate in a 
manner consistent with the objectives of the United Nations Framework 
Convention on Climate Change and will finance only zero-carbon 
renewable technologies and energy efficient end-use technologies that 
are commercially available, can be implemented on a large scale, and 
have clear potential to become cost-competitive for private investors 
or consumers, without subsidies, by 2020; and (2) the World Bank, or 
such other entity, will implement carbon accounting for all of its 
relevant projects, that reflects the global economic, social and 
environmental costs of a unit of carbon emissions: Provided further, 
That if the Secretary of the Treasury does not make the certification 
and report required under this heading by September 30, 2009, funds 
appropriated under this heading shall be transferred to, and merged 
with, funds appropriated by this Act under the headings ``Development 
Assistance'' and ``Economic Support Fund'' and shall be made available 
to support programs or activities described under this heading: 
Provided further, That funds appropriated under this heading that are 
available for an international clean energy technology fund shall be 
matched by sources other than the United States Government: Provided 
further, That funds appropriated under this heading shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

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, $101,186,000, 
to remain available until expended.

              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, 
$146,055,000, to remain available until expended.

                                TITLE VI

                    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, $2,500,000, to remain available until September 30, 2010.

                            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, 2009: Provided further, That not less than 10 
percent of the aggregate loan, guarantee, and insurance authority 
available to the Export-Import Bank under this Act should be used for 
zero-carbon renewable energy and energy efficient end-use technologies.

                         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, not to exceed $41,000,000: 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 funds shall remain available until September 30, 2024, for 
the disbursement of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2009, 2010, 2011, and 2012: 
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.
    Of the funds appropriated under this heading that are available for 
tied-aid grants in prior Acts making appropriations for foreign 
operations, export financing, and related programs, $17,000,000 are 
rescinded.
    Of the unobligated balances available under this heading in Public 
Law 109-102, $25,000,000 are rescinded.

                        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, not to exceed $81,500,000: 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, 2009.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945, 
as amended, and the Federal Credit Reform Act of 1990, as amended, in 
an amount not to exceed the amount appropriated herein, shall be 
credited as offsetting collections to this account: Provided, That the 
sums herein appropriated from the General Fund shall be reduced on a 
dollar-for-dollar basis by such offsetting collections so as to result 
in a final fiscal year appropriation from the General Fund estimated at 
$0: Provided further, That amounts collected in fiscal year 2009 in 
excess of obligations, up to $50,000,000, shall become available 
September 29, 2009 and shall remain available until September 30, 2012.

                Overseas Private Investment Corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $50,600,000: 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, $29,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit 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 2009, 2010, and 2011: 
Provided further, That funds so obligated in fiscal year 2009 remain 
available for disbursement through 2017; funds obligated in fiscal year 
2010 remain available for disbursement through 2018; and funds 
obligated in fiscal year 2011 remain available for disbursement through 
2019: Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized to 
undertake any program authorized by title IV of the Foreign Assistance 
Act of 1961 in Iraq: Provided further, That funds made available 
pursuant to the authority of the previous proviso shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $50,800,000, to remain available 
until September 30, 2010.

                               TITLE VII

                           GENERAL PROVISIONS

  compensation for united states executive directors to international 
                         financial institutions

    Sec. 701. (a) No funds appropriated in titles II through VI of 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 
International Finance Corporation, the North American Development Bank, 
and the European Bank for Reconstruction and Development.

                    limitation on residence expenses

    Sec. 702. Of the funds appropriated or made available pursuant to 
titles II and 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. 703. 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. 704. Of the funds appropriated or made available pursuant to 
titles II through VI of this Act, not to exceed $250,000 shall be 
available for representation and entertainment allowances, of which not 
to exceed $5,000 shall be available for entertainment allowances, for 
the United States Agency for International Development during the 
current fiscal year: Provided, That no such entertainment funds may be 
used for the purposes listed in section 743 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 
$3,000 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 $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 $75,000 shall be available for 
representation and entertainment allowances.

          prohibition on taxation of united states assistance

    Sec. 705. (a) Prohibition on Taxation.--None of the funds 
appropriated under titles II through VI 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 purpose 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. 706. None of the funds appropriated or otherwise made 
available pursuant to this Act shall be obligated or expended to 
finance directly any assistance or reparations to Cuba, North Korea, 
Iran, or Syria, unless the President determines that assistance to such 
countries is important to the national interest of the United States 
and notifies the Committees on Appropriations in accordance with the 
regular notification procedures: Provided, That for purposes of this 
section, the prohibition on obligations or expenditures shall include 
direct loans, credits, insurance and guarantees of the Export-Import 
Bank or its agents.

                             military coups

    Sec. 707. None of the funds appropriated or otherwise made 
available pursuant to titles II through VI 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. 708. (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 714(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 2009, for programs under title VI 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 VI 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 VI 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 
provides notification in accordance with the regular notification 
procedures of 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. 709. 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. 710. No part of any appropriation contained in this Act shall 
remain available for obligation after the expiration of the current 
fiscal year unless expressly so provided in this Act: Provided, That 
funds appropriated for the purposes of chapters 1, 8, 11, and 12 of 
part I, section 661, section 667, chapters 4, 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 headings ``Assistance for 
Europe, Eurasia and Central Asia'' and ``Development Credit 
Authority'', shall remain available for an additional 4 years from the 
date on which the availability of such funds would otherwise have 
expired, if such funds are initially obligated before the expiration of 
their respective periods of availability contained in this Act: 
Provided further, That, notwithstanding any other provision of this 
Act, any funds made available for the purposes of chapter 1 of part I 
and chapter 4 of part II of the Foreign Assistance Act of 1961 which 
are allocated or obligated for cash disbursements in order to address 
balance of payments or economic policy reform objectives, shall remain 
available until expended.

            limitation on assistance to countries in default

    Sec. 711. No part of any appropriation provided under titles II 
through VI in this Act shall be used to furnish assistance to the 
government of any country which is in default during a period in excess 
of 1 calendar year in payment to the United States of principal or 
interest on any loan made to the government of such country by the 
United States pursuant to a program for which funds are appropriated 
under this Act unless the President determines, following consultations 
with the Committees on Appropriations, that assistance to such country 
is in the national interest of the United States.

                           commerce and trade

    Sec. 712. (a) None of the funds appropriated or made available 
pursuant to titles II through VI 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. 713. The Secretary of the Treasury shall instruct the United 
States Executive Directors to 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 Inter-American Investment 
Corporation, the Asian Development Bank, the African Development Bank, 
the African Development Fund, the North American Development Bank, and 
the European Bank for Reconstruction and Development 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 VI 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. 714. (a) None of the funds made available in title I of this 
Act, or in prior appropriations Acts to the agencies and departments 
funded by this Act that remain available for obligation or expenditure 
in fiscal year 2009, 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 agency or department funded under title I of this Act that remain 
available for obligation or expenditure in fiscal year 2009, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agency 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 10 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 10 percent as justified to 
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 justified to Congress; 
unless the Committees on Appropriations are notified 15 days in advance 
of such reprogramming of funds.
    (c) For the purposes of providing the executive branch with the 
necessary administrative flexibility, none of the funds made available 
under titles II through IV of this Act for ``Global Health and Child 
Survival'', ``Development Assistance'', ``International Organizations 
and Programs'', ``Trade and Development Agency'', ``International 
Narcotics Control and Law Enforcement'', ``Andean Counterdrug 
Programs'', ``Assistance for Europe, Eurasia and Central Asia'', 
``Economic Support Fund'', ``Democracy Fund'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating Expenses of the 
United States Agency for International Development'', ``Operating 
Expenses of the United States Agency for International Development 
Office of Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Millennium Challenge Corporation'' 
(by country only), ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Peace Corps'', and 
``Migration and Refugee Assistance'', shall be available for obligation 
for activities, programs, projects, type of materiel assistance, 
countries, or other operations not justified or in excess of the amount 
justified to the Committees on Appropriations for obligation under any 
of these specific headings unless the Committees on Appropriations are 
previously notified 15 days in advance: Provided, That the President 
shall not enter into any commitment of funds appropriated for the 
purposes of section 23 of the Arms Export Control Act for the provision 
of major defense equipment, other than conventional ammunition, or 
other major defense items defined to be aircraft, ships, missiles, or 
combat vehicles, not previously justified to Congress or 20 percent in 
excess of the quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment: 
Provided further, That this subsection shall not apply to any 
reprogramming for an activity, program, or project for which funds are 
appropriated under titles II through 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) Notwithstanding any other provision of law, funds transferred 
by the Department of Defense to the Department of State and the United 
States Agency for International Development shall be subject to the 
regular notification procedures of the Committees on Appropriations, 
and the agency receiving the transfer or allocation shall perform 
periodic program financial audits of the use of such funds and such 
funds may be made available for the cost of such audits.
    (e) 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. 715. Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under titles II 
through VI 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, 2010.

                    near east security and stability

    Sec. 716. (a) Bahrain.--Of the funds appropriated under the heading 
``Foreign Military Financing Program'' in this Act, up to $19,500,000 
may be made available for assistance for Bahrain.
    (b) Egypt.--
            (1) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act, not less than $200,000,000 shall be 
        made available for assistance 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 democratic reforms 
        which are additional to those which were undertaken in previous 
        fiscal years: Provided, That not less than $10,000,000 of such 
        funds shall be made available for scholarships for Egyptian 
        students with high financial needs.
            (2) Of the funds appropriated under the heading ``Foreign 
        Military Financing Program'' in this Act, not less than 
        $1,300,000,000 shall be made available for grants only for 
        Egypt, including for border security programs and activities in 
        the Sinai: Provided, That foreign military financing program 
        funds estimated to be outlayed for Egypt during fiscal year 
        2009 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.
            (3) Of the funds appropriated by this Act and prior Acts 
        making appropriations for foreign operations, export financing 
        and related programs under the heading ``Economic Support 
        Fund'', up to $200,000,000 may be made available for an 
        endowment to further economic and political reforms in Egypt: 
        Provided, That the Secretary of State shall consult with the 
        Committees on Appropriations on the establishment of such an 
        endowment.
    (c) Iraq.--Of the funds appropriated under the headings ``Economic 
Support Fund'' and ``International Narcotics Control and Law 
Enforcement'' in this Act, not more than $75,000,000 shall be made 
available for programs and activities in Iraq.
    (d) Israel.--
            (1) Of the funds appropriated under the heading ``Foreign 
        Military Financing Program'' in this Act, not less than 
        $2,380,000,000 shall be made available for grants only for 
        Israel, which shall be disbursed within 30 days of enactment of 
        this Act or by October 31, 2008, whichever is later: Provided, 
        That to the extent the Government of Israel requests that funds 
        be used for such purposes, grants made available for Israel by 
        this section shall, as agreed by Israel and the United States, 
        be available for advanced weapons systems, of which not less 
        than $670,650,000 shall be available for the procurement in 
        Israel of defense articles and defense services, including 
        research and development.
            (2) Of the funds appropriated under the heading ``Migration 
        and Refugee Assistance'' in this Act, not less than $30,000,000 
        shall be made available for refugees resettling in Israel.
    (e) Jordan.--
            (1) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act, not less than $263,547,000 shall be 
        made available for assistance for Jordan.
            (2) Of the funds appropriated under the heading ``Foreign 
        Military Financing Program'' in this Act, not less than 
        $235,000,000 shall be made available for assistance for Jordan.
    (f) Lebanon.--
            (1) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act, up to $67,500,000 may be made 
        available for assistance for Lebanon, of which not less than 
        $10,000,000 shall be made available for scholarships in 
        Lebanon, and of which not less than $500,000 shall be made 
        available to the United States Forest Service for forest 
        management and wildlife conservation programs in Lebanon and 
        the region.
            (2) Of the funds appropriated under the heading ``Foreign 
        Military Financing Program'' in this Act, up to $62,200,000 may 
        be made available for assistance for Lebanon.
    (g) Libya.--Notwithstanding any other provision of law, of the 
funds appropriated under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' in this Act, up to $750,000 
shall be made available for assistance for Libya.
    (h) Oman.--Of the funds appropriated under the heading ``Foreign 
Military Financing Program'' in this Act, up to $12,000,000 may be made 
available for assistance for Oman.
    (i) Tunisia.--Of the funds appropriated under the heading ``Foreign 
Military Financing Program'' in this Act, $8,360,000 shall be made 
available for assistance for Tunisia.
    (j) Turkey.--Of the funds appropriated under the heading ``Economic 
Support Fund'' in this Act, $15,000,000 shall be made available for 
economic development programs along the border of Iraq.
    (k) West Bank and Gaza.--
            (1) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act, $75,000,000 shall be made available 
        for assistance for the West Bank and Gaza.
            (2) The terms and conditions of sections 635, 644, 647, 
        650, 655, 656, 657 (except subsection (f)), and the eighth 
        through twelfth provisos under the heading ``Economic Support 
        Fund'' of the Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2008 (division J of Public 
        Law 110-161) shall apply to assistance for the West Bank and 
        Gaza in this Act.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 717. (a) 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; 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; or 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.
    (b) 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 to 
the Committees on Appropriations that the use of these funds by any 
such country or organization would violate any of the restrictions 
contained in subsection (a).

                              allocations

    Sec. 718. (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 Committee report 
accompanying this Act:
            ``Diplomatic and Consular Programs''.
            ``Educational and Cultural Exchange Programs''.
            ``International Broadcasting Operations''.
            ``National Endowment for Democracy''.
            ``Global Health and Child Survival''.
            ``Development Assistance''.
            ``Economic Support Fund''.
            ``Democracy Fund''.
            ``Assistance for Europe, Eurasia and Central Asia''.
            ``International Narcotics Control and Law Enforcement''.
            ``Andean Counterdrug Programs''.
            ``Nonproliferation, Anti-Terrorism, Demining and Related 
        Programs''.
            ``Millennium Challenge Corporation''.
            ``Foreign Military Financing Program''.
            ``International Organizations and Programs''.
    (b) Any proposed increases or decreases to the amounts contained in 
such tables in the Committee 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. 719. None of the funds appropriated under titles II through VI 
of this Act shall be obligated or expended for assistance for Serbia, 
Sudan, Zimbabwe, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, or 
Cambodia except as provided through the regular notification procedures 
of the Committees on Appropriations.

              definition of program, project, and activity

    Sec. 720. For the purpose of titles II through VI 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.

              global health and child survival activities

    Sec. 721. Up to $13,500,000 of the funds made available by this Act 
in title III for assistance under the heading ``Global Health and Child 
Survival'', may be used to reimburse United States Government agencies, 
agencies of State governments, institutions of higher learning, and 
private and voluntary organizations for the full cost of individuals 
(including for the personal services of such individuals) detailed or 
assigned to, or contracted by, as the case may be, the United States 
Agency for International Development for the purpose of carrying out 
activities under that heading: Provided, That up to $3,500,000 of the 
funds made available by this Act for assistance under the heading 
``Development Assistance'' may be used to reimburse such agencies, 
institutions, and organizations for such costs of such individuals 
carrying out other development assistance activities: Provided further, 
That funds appropriated by titles III and IV of this Act that are made 
available for bilateral assistance for child survival activities or 
disease programs including activities relating to research on, and the 
prevention, treatment and control of, HIV/AIDS may be made available 
notwithstanding any other provision of law except for the provisions 
under the heading ``Global Health and Child Survival'' and the United 
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided 
further, That of the funds appropriated under title III of this Act, 
not less than $475,000,000 shall be made available for family planning/
reproductive health.

                              afghanistan

    Sec. 722. Of the funds appropriated under titles III and V of this 
Act, not less than $991,950,000 should be made available for assistance 
for Afghanistan: Provided, That of the funds allocated for assistance 
for Afghanistan from this Act not less than $100,000,000 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: Provided further, That of the 
funds appropriated by this Act that are available for education 
programs in Afghanistan, not less than 50 percent shall be made 
available to support higher education and vocational training programs 
in law, business, medicine, engineering, public administration, and 
other fields necessary to rebuild the country, in which the 
participation of women is emphasized: Provided further, That of the 
funds appropriated by this Act that are available for Afghanistan, not 
less than $12,000,000 shall be made available for continued support of 
the United States Agency for International Development's Afghan 
Civilian Assistance Program.

                notification on excess defense equipment

    Sec. 723. Prior to providing excess Department of Defense articles 
in accordance with section 516(a) of the Foreign Assistance Act of 
1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as are 
other committees pursuant to subsection (f) of that section: Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required elsewhere 
in this Act for the use of appropriated funds for specific countries 
that would receive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original acquisition cost 
of such defense articles.

                         global fund management

    Sec. 724. (a) Notwithstanding any other provision of this Act, 10 
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 reports to the Committees on 
Appropriations that the Global Fund--
            (1) is releasing incremental disbursements only if grantees 
        demonstrate progress against clearly defined performance 
        indicators; and
            (2) is continuing to make progress toward implementing a 
        reporting system that breaks down grantee budget allocations by 
        programmatic activity.

       prohibition on bilateral assistance to terrorist countries

    Sec. 725. (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. 726. 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. 727. (a) Separate Accounts for Local Currencies.--
            (1) If assistance is furnished to the government of a 
        foreign country under chapters 1 and 10 of part I or chapter 4 
        of part II of the Foreign Assistance Act of 1961 under 
        agreements which result in the generation of local currencies 
        of that country, the Administrator of the United States Agency 
        for International Development shall--
                    (A) require that local currencies be deposited in a 
                separate account established by that government;
                    (B) enter into an agreement with that government 
                which sets forth--
                            (i) the amount of the local currencies to 
                        be generated; and
                            (ii) the terms and conditions under which 
                        the currencies so deposited may be utilized, 
                        consistent with this section; and
                    (C) establish by agreement with that government the 
                responsibilities of the United States Agency for 
                International Development and that government to 
                monitor and account for deposits into and disbursements 
                from the separate account.
            (2) Uses of local currencies.--As may be agreed upon with 
        the foreign government, local currencies deposited in a 
        separate account pursuant to subsection (a), or an equivalent 
        amount of local currencies, shall be used only--
                    (A) to carry out chapter 1 or 10 of part I or 
                chapter 4 of part II (as the case may be), for such 
                purposes as--
                            (i) project and sector assistance 
                        activities; or
                            (ii) debt and deficit financing; or
                    (B) for the administrative requirements of the 
                United States Government.
            (3) Programming accountability.--The United States Agency 
        for International Development shall take all necessary steps to 
        ensure that the equivalent of the local currencies disbursed 
        pursuant to subsection (a)(2)(A) from the separate account 
        established pursuant to subsection (a)(1) are used for the 
        purposes agreed upon pursuant to subsection (a)(2).
            (4) Termination of assistance programs.--Upon termination 
        of assistance to a country under chapter 1 or 10 of part I or 
        chapter 4 of part II (as the case may be), any unencumbered 
        balances of funds which remain in a separate account 
        established pursuant to subsection (a) shall be disposed of for 
        such purposes as may be agreed to by the government of that 
        country and the United States Government.
            (5) Reporting requirement.--The Administrator of the United 
        States Agency for International Development shall report on an 
        annual basis as part of the justification documents submitted 
        to the Committees on Appropriations on the use of local 
        currencies for the administrative requirements of the United 
        States Government as authorized in subsection (a)(2)(B), and 
        such report shall include the amount of local currency (and 
        United States dollar equivalent) used and/or to be used for 
        such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--
            (1) If assistance is made available to the government of a 
        foreign country, under chapter 1 or 10 of part I or chapter 4 
        of part II of the Foreign Assistance Act of 1961, as cash 
        transfer assistance or as nonproject sector assistance, that 
        country shall be required to maintain such funds in a separate 
        account and not commingle them with any other funds.
            (2) Applicability of other provisions of law.--Such funds 
        may be obligated and expended notwithstanding provisions of law 
        which are inconsistent with the nature of this assistance 
        including provisions which are referenced in the Joint 
        Explanatory Statement of the Committee of Conference 
        accompanying House Joint Resolution 648 (House Report No. 98-
        1159).
            (3) Notification.--At least 15 days prior to obligating any 
        such cash transfer or nonproject sector assistance, the 
        President shall submit a notification through the regular 
        notification procedures of the Committees on Appropriations, 
        which shall include a detailed description of how the funds 
        proposed to be made available will be used, with a discussion 
        of the United States interests that will be served by the 
        assistance (including, as appropriate, a description of the 
        economic policy reforms that will be promoted by such 
        assistance).
            (4) Exemption.--Nonproject sector assistance funds may be 
        exempt from the requirements of subsection (b)(1) only through 
        the notification procedures of the Committees on 
        Appropriations.

                            enterprise funds

    Sec. 728. (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 VI of this Act for 
Enterprise Funds shall be expended at the minimum rate necessary to 
make timely payment for projects and activities.

authorities for the peace corps, inter-american foundation and african 
                         development foundation

    Sec. 729. 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. 730. None of the funds appropriated under titles II through VI 
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.

                   comprehensive expenditures report

    Sec. 731. Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall submit a report to the 
Committees on Appropriations detailing the total amount of United 
States Government expenditures in fiscal year 2008, by Federal agency, 
for programs and activities in each foreign country, identifying the 
line item as presented in the President's Budget Appendix and the 
purpose for which the funds were provided: Provided, That if required, 
information may be submitted in classified form.

                          special authorities

    Sec. 732. (a) Afghanistan, Sudan, Iraq, Pakistan, Lebanon, 
Montenegro, Victims of War, Displaced Children, and Displaced 
Burmese.--Funds appropriated under titles II through VI of this Act 
that are made available for assistance for Afghanistan may be made 
available notwithstanding section 711 of this Act or any similar 
provision of law and section 660 of the Foreign Assistance Act of 1961, 
and funds appropriated in titles III and VI of this Act that are made 
available for Sudan, 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 forest and biodiversity 
conservation activities and renewable energy and energy end-use 
efficiency programs to reduce carbon emissions: Provided, That such 
assistance shall be subject to the regular notification procedures of 
the Committees on Appropriations.
    (c) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by the United 
States Agency for International Development to employ up to 25 personal 
services contractors in the United States, notwithstanding any other 
provision of law, for the purpose of providing direct, interim support 
for new or expanded overseas programs and activities managed by the 
agency until permanent direct hire personnel are hired and trained: 
Provided, That not more than 10 of such contractors shall be assigned 
to any bureau or office: Provided further, That such funds appropriated 
to carry out title II of the Agricultural Trade Development and 
Assistance Act of 1954, may be made available only for personal 
services contractors assigned to the Office of Food for Peace.
    (d)(1) Waiver.--The President may waive the provisions of section 
1003 of Public Law 100-204 if the President determines and certifies in 
writing to the Speaker of the House of Representatives and the 
President pro tempore of the Senate that it is important to the 
national security interests of the United States.
    (2) Period of application of waiver.--Any waiver pursuant to 
paragraph (1) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (e) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations, 
Export Financing, and Related Programs Appropriations Act, 2005 
(enacted as division D of Public Law 108-447; 118 Stat. 3038) is 
amended by striking ``2009'' and inserting ``2010''.
    (g) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (h) Millennium Challenge Corporation.--The Millennium Challenge 
Corporation Act of 2003 (22 U.S.C. 7701 et seq.) is amended in section 
615 (22 U.S.C. 7714) by inserting the following new subsection at the 
end;
    ``(c) Reimbursement.--The Corporation shall reimburse the United 
States Agency for International Development for all expenses incurred 
by the Agency in assisting the Corporation in carrying out this title, 
including administrative costs for compact development, negotiation, 
and implementation.''.
    (i) Authority.--Funds appropriated or otherwise made available by 
title III of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2008 (division J of Public Law 110-161) 
under the heading ``Economic Support Fund'' that are available for a 
competitively awarded grant for nuclear security initiatives relating 
to North Korea shall be made available notwithstanding any other 
provision of law.
    (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), by striking ``and 2008'' 
                and inserting ``2008, and 2009''; and
                    (B) in subsection (e), by striking ``2008'' each 
                place it appears and inserting ``2009''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``2008'' and inserting ``2009''.
    (k) 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.
    (l) Disarmament, Demobilization and Reintegration.--Notwithstanding 
any other provision of law, regulation or Executive order, funds 
appropriated by this Act and prior Acts making appropriations for 
foreign operations, export financing, and related programs under the 
headings ``Economic Support Fund'', ``Peacekeeping Operations'', 
``International Disaster Assistance'', and ``Transition Initiatives'' 
should be made available to support programs to disarm, demobilize, and 
reintegrate into civilian society former members of foreign terrorist 
organizations: Provided, That the Secretary of State shall consult with 
the Committees on Appropriations prior to the obligation of funds 
pursuant to this subsection: Provided further, That for the purposes of 
this subsection the term ``foreign terrorist organization'' means an 
organization designated as a terrorist organization under section 219 
of the Immigration and Nationality Act.
    (m) Nongovernmental Organizations.--With respect to the provision 
of assistance for democracy, human rights and governance activities, 
the organizations implementing such assistance and the specific nature 
of that assistance shall not be subject to the prior approval by the 
government of any foreign country.
    (n) Broadcasting Board of Governors Authority.--Section 504(c) of 
the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 
107-228; 22 U.S.C. 6206 note) is amended by striking ``December 31, 
2008'' and inserting ``December 31, 2009''.
    (o) Section 907.--Section 907 of the FREEDOM Support Act (Public 
Law 102-511) is amended by inserting ``(a)'' at the beginning of the 
section and inserting after ``Nagorno-Karabakh.'' the following new 
subsection:
    ``(b)(1) Subsection (a) shall not apply to--
            ``(A) activities to support democracy or assistance under 
        title V of this Act and section 1424 of Public Law 104-201 or 
        non-proliferation assistance;
            ``(B) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            ``(C) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his 
        or her official capacity;
            ``(D) 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.);
            ``(E) any financing provided under the Export-Import Bank 
        Act of 1945; or
            ``(F) humanitarian assistance.
    ``(2) The President may waive subsection (a) on an annual basis if 
he determines and certifies to the Committees on Appropriations that to 
do so--
            ``(A) is necessary to support United States efforts to 
        counter international terrorism; or
            ``(B) is necessary to support the operational readiness of 
        United States Armed Forces or coalition partners to counter 
        international terrorism; or
            ``(C) is important to Azerbaijan's border security; and
            ``(D) will not undermine or hamper ongoing efforts to 
        negotiate a peaceful settlement between Armenia and Azerbaijan 
        or be used for offensive purposes against Armenia.''.
    (p) Restrictions on Assistance.--
            (1) The terms and requirements of section 620(h) of the 
        Foreign Assistance Act of 1961 shall apply to foreign 
        assistance projects or activities of the People's Liberation 
        Army (PLA) of the People's Republic of China, to include such 
        projects or activities by any entity that is owned or 
        controlled by, or an affiliate of, the PLA.
            (2) None of the funds appropriated or otherwise made 
        available pursuant to this Act may be used to finance any 
        grant, contract, or cooperative agreement with the PLA, or any 
        entity that is owned or controlled by, or an affiliate of, the 
        PLA.

                       eligibility for assistance

    Sec. 733. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained under titles II through VI 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 Europe, Eurasia and 
Central Asia'': 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, 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 2009, 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. 734. (a) Funds appropriated under titles II through VI 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.
    (c) 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. Specifically designated funding 
levels or minimum funding requirements contained in any other Act shall 
not be applicable to funds appropriated by this Act.

                                  asia

    Sec. 735. (a) Burma.--
            (1) The Secretary of the Treasury shall instruct the United 
        States executive director to each international financial 
        institution in which the United States participates, to oppose 
        and vote against the extension by such institution any loan or 
        financial or technical assistance or any other utilization of 
        funds to and for Burma.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $20,000,000 shall be 
        made available to support democracy activities in Burma, along 
        the Burma-Thailand border, for activities of Burmese student 
        groups and other organizations located outside Burma, and for 
        the purpose of supporting the provision of humanitarian 
        assistance to displaced Burmese along Burma's borders: 
        Provided, That such funds may be made available notwithstanding 
        any other provision of law: Provided further, That in addition 
        to assistance for Burmese refugees provided under the heading 
        ``Migration and Refugee Assistance'' in this Act, not less than 
        $5,000,000 shall be made available for community-based 
        organizations operating in Thailand to provide food, medical 
        and other humanitarian assistance to internally displaced 
        persons in eastern Burma: Provided further, That funds made 
        available under this paragraph shall be subject to the regular 
        notification procedures of the Committees on Appropriations.
    (b) Cambodia.--
            (1) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act, $20,000,000 shall be made available 
        for assistance for Cambodia, of which a portion may be used for 
        an endowment, and of which not less than $2,000,000 shall be 
        made available through nongovernmental organizations for 
        programs to strengthen the capacity of the Government of 
        Cambodia to combat human trafficking, notwithstanding any other 
        provision of law.
            (2) Section 495H of chapter 9 of the Foreign Assistance Act 
        of 1961, as amended, is hereby repealed.
    (c) East Asia and Pacific Environmental Initiatives.--Of the funds 
appropriated under the heading ``Economic Support Fund'' in this Act, 
$2,500,000 shall be made available for East Asia and Pacific 
Environmental Initiatives.
    (d) Indonesia.--
            (1) Of the funds appropriated under the heading ``Foreign 
        Military Financing Program'' in this Act, up to $15,700,000 
        shall be made available for assistance for Indonesia, of which 
        not less than $2,700,000 shall be used for programs and 
        activities that directly increase transparency and 
        accountability within the Indonesian armed forces' operations 
        and financial management.
            (2) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act that are available for assistance 
        for Indonesia, $250,000 should be made available for grants for 
        capacity building of Indonesian human rights organizations, 
        including in Papua.
            (3) Not later than 90 days after enactment of this Act, the 
        Secretary of State shall report in writing to the Committees on 
        Appropriations detailing actions taken by the Government of 
        Indonesia to--
                    (A) prosecute and punish, in a manner proportional 
                to the crime, current and former members of the armed 
                forces who have been credibly alleged to have violated 
                human rights, and to require the armed forces to 
                cooperate with civilian judicial authorities and with 
                international efforts to resolve cases of violations of 
                human rights;
                    (B) implement reforms to increase the transparency 
                and accountability of the armed forces' operations and 
                financial management;
                    (C) allow public access to Papua; and
                    (D) complete the investigation of the murder of 
                Munir Said Thalib.
    (e) North Korea.--Funds made available under the heading 
``Migration and Refugee Assistance'' in this Act shall be made 
available for assistance for refugees from North Korea.
    (f) People's Republic of China.--
            (1) Notwithstanding any other provision of law and subject 
        to the regular notification procedures of the Committees on 
        Appropriations, of the funds appropriated under the heading 
        ``Development Assistance'' in this Act, not less than 
        $15,000,000 shall be made available to United States 
        educational institutions and nongovernmental organizations for 
        programs and activities in the People's Republic of China 
        relating to the environment, governance and the rule of law.
            (2) Not later than 180 days after enactment of this Act, 
        the Secretary of State shall submit a report to the Committees 
        on Appropriations detailing, to the extent practicable, the 
        amount of assistance provided by the People's Republic of China 
        to governments and entities in Latin America and Africa during 
        previous calendar year. This report shall be made publicly 
        available in a timely manner on the website of the Department 
        of State and the United States Agency for International 
        Development in English and Mandarin.
    (g) Tibet.--
            (1) The Secretary of the Treasury should instruct the 
        United States executive director to each international 
        financial institution to use the voice and vote of the United 
        States to support projects in Tibet if such projects do not 
        provide incentives for the migration and settlement of non-
        Tibetans into Tibet or facilitate the transfer of ownership of 
        Tibetan land and natural resources to non-Tibetans; are based 
        on a thorough needs-assessment; foster self-sufficiency of the 
        Tibetan people and respect Tibetan culture and traditions; and 
        are subject to effective monitoring.
            (2) Notwithstanding any other provision of law, not less 
        than $6,000,000 of the funds appropriated by this Act under the 
        heading ``Economic Support Fund'' should be made available to 
        nongovernmental organizations to support activities which 
        preserve cultural traditions and promote sustainable 
        development and environmental conservation in Tibetan 
        communities in the Tibetan Autonomous Region and in other 
        Tibetan communities in China: Provided, That the Office of the 
        Special Coordinator for Tibetan Issues, Department of State, in 
        consultation with the United States Agency for International 
        Development, shall have responsibility for the use of such 
        funds.
    (h) Vietnam.--Notwithstanding any other provision of law, funds 
appropriated under the heading ``Economic Support Fund'' in this Act 
may be made available for programs and activities in the central 
highlands of Vietnam, and not less than $3,000,000 shall be made 
available for environmental remediation and related health activities 
in Vietnam.

                 prohibition on publicity or propaganda

    Sec. 736. 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. 737. None of the funds appropriated or made available pursuant 
to titles II through VI 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.

                         requests for documents

    Sec. 738. None of the funds appropriated or made available pursuant 
to titles II through VI of this Act shall be available to any 
government or nongovernmental organization, including any contractor, 
which fails to provide upon timely request any document, file, or 
record necessary to the auditing requirements of the United States 
Agency for International Development.

                         restriction on exports

    Sec. 739. (a) None of the funds appropriated or otherwise made 
available by titles II through VI 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 government that supports international terrorism for purposes of 
section 6(j) of the Export Administration Act of 1979. The prohibition 
under this section with respect to a foreign government shall terminate 
12 months after that government ceases to provide such military 
equipment. This section applies with respect to lethal military 
equipment provided under a contract entered into after October 1, 1997.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that 
furnishing such assistance is important to the national interests of 
the United States.
    (c) Whenever the President makes a determination pursuant to 
subsection (b), the President shall submit to the appropriate 
congressional committees a report with respect to the furnishing of 
such assistance. Any such report shall include a detailed explanation 
of the assistance to be provided, including the estimated dollar amount 
of such assistance, and an explanation of how the assistance furthers 
United States national interests.

   parking fines and real property taxes owed by foreign governments

    Sec. 740. (a) Subject to subsection (c), of the funds appropriated 
under titles II through VI by this Act that are made available for 
assistance for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and 
penalties and unpaid property taxes owed by the central government of 
such country shall be withheld from obligation for assistance for the 
central government of such country until the Secretary of State submits 
a certification to the Committees on Appropriations stating that such 
parking fines and penalties and unpaid property taxes are fully paid.
    (b) Funds withheld from obligation pursuant to subsection (a) may 
be made available for other programs or activities funded by this Act, 
after consultation with and subject to the regular notification 
procedures of the Committees on Appropriations, provided that no such 
funds shall be made available for assistance for the central government 
of a foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties and unpaid property taxes owed 
by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d)(1) The Secretary of State may waive the requirements set forth 
in subsection (a) with respect to parking fines and penalties no sooner 
than 60 days from the date of enactment of this Act, or at any time 
with respect to a particular country, if the Secretary determines that 
it is in the national interests of the United States to do so.
    (2) The Secretary of State may waive the requirements set forth in 
subsection (a) with respect to the unpaid property taxes if the 
Secretary of State determines that it is in the national interests of 
the United States to do so.
    (e) Not later than 6 months after the initial exercise of the 
waiver authority in subsection (d), the Secretary of State, after 
consultations with the City of New York, shall submit a report to the 
Committees on Appropriations describing a strategy, including a 
timetable and steps currently being taken, to collect the parking fines 
and penalties and unpaid property taxes and interest owed by nations 
receiving foreign assistance under this Act.
    (f) In this section:
            (1) The term ``fully adjudicated'' includes circumstances 
        in which the person to whom the vehicle is registered--
                    (A)(i) has not responded to the parking violation 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure to challenge the summons; and
                    (B) the period of time for payment of or challenge 
                to the summons has lapsed.
            (2) The term ``parking fines and penalties'' means parking 
        fines and penalties--
                    (A) owed to--
                            (i) the District of Columbia; or
                            (ii) New York, New York; and
                    (B) incurred during the period April 1, 1997, 
                through September 30, 2007.
            (3) The term ``unpaid property taxes'' means the amount of 
        unpaid taxes and interest determined to be owed by a foreign 
        country on real property in the District of Columbia or New 
        York, New York in a court order or judgment entered against 
        such country by a court of the United States or any State or 
        subdivision thereof.

                     war crimes tribunals drawdown

    Sec. 741. If the President determines that doing so will contribute 
to a just resolution of charges regarding genocide or other violations 
of international humanitarian law, the President may direct a drawdown 
pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up 
to $30,000,000 of commodities and services for the United Nations War 
Crimes Tribunal established with regard to the former Yugoslavia by the 
United Nations Security Council or such other tribunals or commissions 
as the Council may establish or authorize to deal with such violations, 
without regard to the ceiling limitation contained in paragraph (2) 
thereof: Provided, That the determination required under this section 
shall be in lieu of any determinations otherwise required under section 
552(c): Provided further, That funds made available for tribunals other 
than the International Criminal Tribunal for the former Yugoslavia, the 
International Criminal Tribunal for Rwanda, or the Special Court for 
Sierra Leone shall be made available subject to the regular 
notification procedures of the Committees on Appropriations.

                    landmines and cluster munitions

    Sec. 742. (a) Landmines.--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.
    (b) Cluster Munitions.--No military assistance shall be furnished 
for cluster munitions, no defense export license for cluster munitions 
may be issued, and no cluster munitions or cluster munitions technology 
shall be sold or transferred, unless--
            (1) the submunitions of the cluster munitions have a 99 
        percent or higher functioning rate; and
            (2) the agreement applicable to the assistance, transfer, 
        or sale of the cluster munitions or cluster munitions 
        technology specifies that the cluster munitions will only be 
        used against clearly defined military targets and will not be 
        used where civilians are known to be present.

               prohibition of payment of certain expenses

    Sec. 743. None of the funds appropriated or otherwise made 
available under titles III or IV of this Act under the headings 
``International Military Education and Training'' or ``Foreign Military 
Financing Program'' for Informational Program activities or under the 
headings ``Global Health and Child Survival'', ``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.

                            anti-kleptocracy

    Sec. 744. (a) In furtherance of the National Strategy to 
Internationalize Efforts Against Kleptocracy and Presidential 
Proclamation 7750, the Secretary of State shall compile and maintain a 
list of officials of foreign governments and their immediate family 
members who the Secretary has credible evidence have been involved in 
corruption relating to the extraction of natural resources in their 
countries.
    (b) Any individual on the list compiled under subsection (a) shall 
be ineligible for admission to the United States.
    (c) No property or interest in property belonging to an individual 
on the list complied under subsection (a), or to a member of the 
immediate family of such individual if the property is effectively 
under the control of such individual, may be transferred, paid, 
exported, withdrawn, or otherwise dealt with, if the property is within 
the United States or within the possession or control of a United 
States person, including the overseas branch of such person, or after 
the date of the enactment of this Act comes within the control of such 
person.
    (d) The Secretary may waive the application of subsection (a) if 
the Secretary determines that admission to the United States is 
necessary to attend the United Nations or to further United States law 
enforcement objectives, or that the circumstances which caused the 
individual to be included on the list have changed sufficiently to 
justify the removal of the individual from the list.
    (e) Not later than 90 days after enactment of this Act and 180 days 
thereafter, the Secretary of State shall report in writing, in 
classified form if necessary, to the Committees on Appropriations 
describing the evidence of corruption in subsection (a).

                    foreign military training report

    Sec. 745. The annual foreign military training report required by 
section 656 of the Foreign Assistance Act of 1961 shall be submitted by 
the Secretary of Defense and the Secretary of State to the Committees 
on Appropriations by the date specified in that section.

                       authorization requirement

    Sec. 746. Funds appropriated by this Act, except funds appropriated 
under the headings ``Trade and Development Agency'' and ``Overseas 
Private Investment Corporation'', may be obligated and expended 
notwithstanding section 10 of Public Law 91-672 and section 15 of the 
State Department Basic Authorities Act of 1956.

                                 libya

    Sec. 747. (a) None of the funds appropriated or otherwise made 
available by this Act shall be obligated or expended to finance 
directly any assistance for the Government of Libya.
    (b) The prohibition of subsection (a) shall not apply if the 
Secretary of State certifies to the Committees on Appropriations that 
the Government of Libya has made the final settlement payments to the 
Pan Am 103 victims' families, paid to the LaBelle Disco bombing victims 
the agreed upon settlement amounts, and is engaging in good faith 
settlement discussions regarding other relevant terrorism cases.
    (c) Not later than 180 days after enactment of this Act, the 
Secretary shall submit a report to the Committees on Appropriations 
describing (1) actions taken by the Department of State to facilitate a 
resolution of these cases; and (2) United States commercial activities 
in Libya's energy sector.

                             war criminals

    Sec. 748. (a)(1) None of the funds appropriated or otherwise made 
available under titles II through VI 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 10 days before any vote in an international 
financial institution regarding the extension of any new project 
involving financial or technical assistance or grants to any country or 
entity described in subsection (a), the Secretary of the Treasury, in 
consultation with the Secretary of State, shall provide to the 
Committees on Appropriations a written justification for the proposed 
assistance, including an explanation of the United States position 
regarding any such vote, as well as a description of the location of 
the proposed assistance by municipality, its purpose, and its intended 
beneficiaries.
    (d) In carrying out this section, the Secretary of State, the 
Administrator of the United States Agency for International 
Development, and the Secretary of the Treasury shall consult with 
representatives of human rights organizations and all Government 
agencies with relevant information to help prevent indicted war 
criminals from benefiting from any financial or technical assistance or 
grants provided to any country or entity described in subsection (a).
    (e) The Secretary of State may waive the application of subsection 
(a) with respect to projects within a country, entity, or municipality 
upon a written determination to the Committees on Appropriations that 
such assistance directly supports the implementation of the Dayton 
Accords.
    (f) Definitions.--As used in this section:
            (1) Country.--The term ``country'' means Bosnia and 
        Herzegovina, Croatia and Serbia.
            (2) Entity.--The term ``entity'' refers to the Federation 
        of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika 
        Srpska.
            (3) Municipality.--The term ``municipality'' means a city, 
        town or other subdivision within a country or entity as defined 
        herein.
            (4) Dayton accords.--The term ``Dayton Accords'' means the 
        General Framework Agreement for Peace in Bosnia and 
        Herzegovina, together with annexes relating thereto, done at 
        Dayton, November 10 through 16, 1995.

                               user fees

    Sec. 749. 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, care and 
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal well-being, in connection with the institutions' financing 
programs.

                     united nations population fund

    Sec. 750. (a) Contribution.--Notwithstanding the fifth proviso 
under the heading ``Global Health and Child Survival'' in this Act, 
$45,000,000 of the funds appropriated under the heading ``International 
Organizations and Programs'' shall be made available to the United 
Nations Population Fund (UNFPA) only for the following purposes--
            (1) provide and distribute equipment, medicine, and 
        supplies, including safe delivery kits and hygiene kits, to 
        ensure safe childbirth and emergency obstetric care;
            (2) make available supplies of contraceptives for the 
        prevention of unintended pregnancies and the spread of sexually 
        transmitted infections, including HIV/AIDS;
            (3) prevent and treat cases of obstetric fistula;
            (4) reestablish maternal health services in areas where 
        medical infrastructure and such services have been destroyed or 
        limited by natural disasters, armed conflict, or other factors;
            (5) promote the abandonment of harmful traditional 
        practices, including female genital mutilation and cutting and 
        child marriage; and
            (6) promote access of unaccompanied women and children to 
        vital services, including water, sanitation facilities, food 
        and health care.
    (b) Prohibition on Use of Funds in China.--
            (1) None of the funds appropriated by this Act may be used 
        by UNFPA for a country program in the People's Republic of 
        China.
            (2) If UNFPA plans to expend funds for a country program in 
        the People's Republic of China in fiscal year 2009, such amount 
        shall be deducted from the funds made available to UNFPA.

                   community-based police assistance

    Sec. 751. (a) Authority.--Funds made available by title IV of this 
Act to carry out the provisions of chapter 1 of part I and chapters 4 
and 6 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, anti-corruption, 
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. 752. (a) Authority to Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay 
        for purchases of United States agricultural commodities 
        guaranteed by the Commodity Credit Corporation under export 
        credit guarantee programs authorized pursuant to section 5(f) 
        of the Commodity Credit Corporation Charter Act of June 29, 
        1948, as amended, section 4(b) of the Food for Peace Act of 
        1966, as amended (Public Law 89-808), or section 202 of the 
        Agricultural Trade Act of 1978, as amended (Public Law 95-501).
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt 
        burdens that are eligible to borrow from the International 
        Development Association, but not from the International Bank 
        for Reconstruction and Development, commonly referred to as 
        ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country. The 
authority provided by subsection (a) may be exercised notwithstanding 
section 620(r) of the Foreign Assistance Act of 1961 or section 321 of 
the International Development and Food Assistance Act of 1975.

             authority to engage in debt buybacks or sales

    Sec. 753. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section. Such agency 
        shall make adjustment in its accounts to reflect the sale, 
        reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                        reconciliation programs

    Sec. 754. Of the funds appropriated under the heading ``Economic 
Support Fund'' in this Act, $25,000,000 shall be made available for 
reconciliation programs which bring together individuals of different 
ethnic, religious and political backgrounds from areas of civil 
conflict and war, of which not more than $7,000,000 shall be made 
available for such programs in the Middle East: Provided, That the 
Administrator of the United States Agency for International Development 
shall consult with the Committees on Appropriations, prior to the 
initial obligation of funds, on the most effective uses of such funds.

                                 africa

    Sec. 755. (a) Ethiopia.--
            (1) Of the funds appropriated under the heading ``Foreign 
        Military Financing Program'' in this Act, not more than 
        $1,000,000 may be made available for assistance for Ethiopia.
            (2) Not later than 90 days after enactment of this Act, the 
        Secretary of State shall report in writing to the Committees on 
        Appropriations detailing actions taken by the Government of 
        Ethiopia to investigate and prosecute members of Ethiopian 
        military forces who have been credibly alleged to have violated 
        human rights.
    (b) Expanded International Military Education and Training.--
            (1) Funds appropriated under the heading ``International 
        Military Education and Training'' in this Act that are made 
        available for assistance for Angola, Cameroon, Central African 
        Republic, Chad, Cote D'Ivoire, and Guinea may be made available 
        only for expanded international military education and 
        training.
            (2) None of the funds appropriated under the heading 
        ``International Military Education and Training'' in this Act 
        may be made available for assistance for Equatorial Guinea.
    (c) Horn of Africa and Pan Sahel.--Of the funds appropriated under 
the heading ``Economic Support Fund'' in this Act, $15,000,000 shall be 
made available for programs and activities to counter extremism in the 
Horn of Africa and the Pan Sahel region of Africa, to be administered 
by the United States Agency for International Development: Provided, 
That such funds are in addition to funds otherwise made available for 
such purposes.
    (d) Kenya.--Of the funds appropriated under the heading ``Foreign 
Military Financing Program'' in this Act, $2,000,000 may be made 
available for assistance for Kenya.
    (e) Kimberley Process.--Of the funds appropriated under the heading 
``Economic Support Fund'' in this Act, not less than $3,000,000 shall 
be made available to support implementation of the Kimberley Process 
Certification Scheme with an emphasis on regional efforts to combat 
cross-border smuggling and monitoring by civil society groups.
    (f) Namibia.--Of the funds appropriated under the heading 
``Economic Support Fund'' in this Act, not less than $2,000,000 shall 
be made available for democracy and governance programs for Namibia.
    (g) Sierra Leone.--Of the funds appropriated under the heading 
``Economic Support Fund'' in this Act, $9,000,000 shall be made 
available for a United States contribution to the Special Court for 
Sierra Leone.
    (h) Sudan.--
            (1) The terms and conditions of section 666 (excluding 
        subsection (f)) of the Department of State, Foreign Operations, 
        and Related Programs Appropriations Act, 2008 (division J of 
        Public Law 110-161) shall apply to assistance for Sudan in this 
        Act.
            (2) None of the funds appropriated under the heading 
        ``Foreign Military Financing Program'' in this Act may be made 
        available for assistance for Sudan, except in accordance with 
        paragraph (1) of this subsection.
    (i) Zimbabwe.--
            (1) The Secretary of the Treasury shall instruct the United 
        States executive director to each international financial 
        institution to vote against any extension by the respective 
        institution of any loans to the Government of Zimbabwe, except 
        to meet basic human needs or to promote democracy, unless the 
        Secretary of State reports in writing to the Committees on 
        Appropriations that the rule of law has been restored in 
        Zimbabwe, including respect for ownership and title to 
        property, freedom of speech and association, and free and fair 
        elections have been held and the results honored.
            (2) Funds appropriated under the heading ``Global Health 
        and Child Survival'' in this Act should be made available for 
        assistance for Zimbabwe if a political transition in Zimbabwe 
        occurs that the Secretary of State determines is in the 
        interests and welfare of the people of Zimbabwe.
            (3) Of the funds appropriated under the heading 
        ``Millennium Challenge Corporation'' in this Act and prior acts 
        making appropriations for foreign operations, export financing, 
        and related programs, up to $50,000,000 may be made available 
        for assistance for Zimbabwe if a political transition occurs 
        that the Secretary of State determines is in the interests and 
        welfare of the people of Zimbabwe, subject to the regular 
        notification procedures of the Committees on Appropriations.

                    transparency and accountability

    Sec. 756. (a) United Nations Development Program.--Ten percent of 
the funds appropriated by this Act under the heading ``International 
Organizations and Programs'' for a United States contribution to the 
United Nations Development Program (UNDP) shall be withheld from 
disbursement until the Secretary of State reports to the Committees on 
Appropriations that UNDP is--
            (1) giving adequate access to information to the Department 
        of State regarding UNDP's programs and activities as requested;
            (2) conducting oversight of UNDP programs and activities 
        globally; and
            (3) implementing a whistleblower protection policy 
        equivalent to that recommended by the United Nations Secretary 
        General on December 3, 2008.
    (b) World Bank.--Ten percent of the funds appropriated by this Act 
under the heading ``International Development Association'' shall be 
withheld from disbursement until the Secretary of the Treasury reports 
to the Committees on Appropriations that--
            (1) the World Bank has made publicly available, in an 
        appropriate manner, financial disclosure forms of World Bank 
        personnel who earned a rate of pay equal to or in excess of 
        $111,676 for a period equal to or in excess of 60 days;
            (2) the World Bank has established a plan and maintains a 
        schedule for conducting regular, independent audits of internal 
        management controls and procedures for meeting operational 
        objectives, and is making reports describing the scope and 
        findings of such audits available to the public; and
            (3) the World Bank is adequately staffing and sufficiently 
        funding the Department of Institutional Integrity.
    (c) National Budget Transparency.--
            (1) None of the funds appropriated by this Act may be made 
        available for assistance for the central government of any 
        country that fails to make publicly available on an annual 
        basis its national budget, to include income and expenditures.
            (2) The Secretary of State may waive requirements of 
        paragraph (1) on a country-by-country basis if the Secretary 
        reports to the Committees on Appropriations that to do so is 
        important to the national interest of the United States.

                        excess defense articles

    Sec. 757. Notwithstanding section 516(e) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2009, 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, Macedonia, Georgia, India, 
Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, 
Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, and Ukraine.

                           western hemisphere

    Sec. 758. (a) Colombia.--
            (1) Funding amount.--Of the funds appropriated under titles 
        III and IV of this Act, not more than $542,500,000 shall be 
        available for assistance for Colombia.
            (2) Assistance for the colombian armed forces.--Funds 
        appropriated by this Act that are available for assistance for 
        the Colombian Armed Forces, may be made available as follows:
                    (A) Up to 70 percent of such funds may be obligated 
                prior to the certification and report by the Secretary 
                of State pursuant to subparagraph (B).
                    (B) Up to 15 percent of such funds may be obligated 
                only after the Secretary of State consults with, and 
                subsequently certifies and submits a written report to, 
                the Committees on Appropriations that--
                            (i) The Commander General of the Colombian 
                        Armed Forces is suspending or placing on 
                        administrative duty, if requested by the 
                        prosecutor, members of the Armed Forces who, 
                        according to the Minister of Defense, the 
                        Fiscal General or the Procuraduria General, 
                        have been credibly alleged to have violated 
                        human rights or to have aided or abetted 
                        paramilitary organizations or successor armed 
                        groups.
                            (ii) The Government of Colombia is 
                        investigating and prosecuting, in the civilian 
                        justice system, members of the Colombian Armed 
                        Forces who have been credibly alleged to have 
                        violated human rights or to have aided or 
                        abetted paramilitary organizations or successor 
                        armed groups.
                            (iii) The Colombian Armed Forces are 
                        cooperating fully with civilian prosecutors and 
                        judicial authorities in such cases (including 
                        providing requested information, such as the 
                        identity of persons suspended from the Armed 
                        Forces and the cause of the suspension, and 
                        access to witnesses, relevant military 
                        documents, and other requested information).
                            (iv) The Colombian Armed Forces have 
                        severed links (including denying access to 
                        military intelligence, vehicles, and other 
                        equipment or supplies, and ceasing other forms 
                        of active or tacit cooperation) with 
                        paramilitary organizations or successor armed 
                        groups, especially in regions where such 
                        organizations have a significant presence.
                            (v) The Government of Colombia is 
                        dismantling paramilitary leadership and 
                        financial networks by arresting and prosecuting 
                        in the civilian justice system individuals who 
                        have provided financial, planning, or 
                        logistical support, or have otherwise aided or 
                        abetted paramilitary organizations or successor 
                        armed groups; by identifying and seizing land 
                        and other assets illegally acquired by such 
                        organizations or their associates and returning 
                        such land or assets to their rightful occupants 
                        or owners; by revoking reduced sentences for 
                        demobilized paramilitaries who engage in new 
                        criminal activity; and by arresting and 
                        prosecuting under civilian criminal law, and 
                        when requested, extraditing to the United 
                        States members of successor armed groups.
                            (vi) The Government of Colombia is ensuring 
                        that the Colombian Armed Forces are respecting 
                        the rights of Colombia's indigenous and Afro-
                        Colombian communities, and that the Colombian 
                        Armed Forces are implementing procedures to 
                        distinguish between civilians, including 
                        displaced persons, and combatants in their 
                        operations.
                    (C) After July 31, 2009, the balance of such funds 
                may be obligated if, before such obligation, the 
                Secretary of State consults with, and subsequently 
                certifies and submits a written report to the 
                Committees on Appropriations that the Colombian Armed 
                Forces are continuing to meet the requirements 
                described in paragraph (B) and are conducting vigorous 
                operations to restore civilian government authority and 
                respect for human rights in areas under the effective 
                control of paramilitary organizations or successor 
                armed groups and guerrilla organizations.
            (3) Certain funds exempted.--The requirement to withhold 
        funds from obligation shall not apply with respect to funds 
        made available under the heading ``Andean Counterdrug 
        Programs'' in this Act for continued support for the Critical 
        Flight Safety Program or for any alternative development 
        programs in Colombia administered by the Bureau of 
        International Narcotics and Law Enforcement Affairs, Department 
        of State.
            (4) Report.--At the time the Secretary of State submits 
        certifications pursuant to paragraphs (2)(B) and (C) 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 support each requirement of the certification, and 
        the cases or issues brought to the attention of the Secretary, 
        including through the Department of State's annual Country 
        Reports on Human Rights Practices, for which the actions taken 
        by the Colombian Government or Armed Forces have been 
        determined by the Secretary of State to be inadequate.
            (5) Consultative process.--Not later than 60 days after the 
        date of enactment of this Act, and every 180 days thereafter, 
        the Secretary of State shall consult with Colombian and 
        internationally recognized human rights organizations regarding 
        progress in meeting the requirements contained in paragraph 
        (2).
            (6) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act, not less than $199,000,000 shall be 
        apportioned directly to the United States Agency for 
        International Development (USAID) for alternative development/
        institution building and sustainable development programs in 
        Colombia and may be transferred to, and merged with, funds 
        appropriated by this Act under the heading ``Development 
        Assistance'' to continue programs administered by USAID, which 
        funds may be made available notwithstanding section 660 of the 
        Foreign Assistance Act of 1961, of which not less than 
        $45,000,000 shall be for assistance for internally displaced 
        persons, and of which not more than $16,700,000 may be made 
        available for demobilization and reintegration of former 
        combatants: Provided, That with respect to funds apportioned to 
        USAID under this paragraph, the responsibility for policy 
        decisions for the use of such funds, including which activities 
        will be funded and the amount of funds that will be provided 
        for each of those activities, shall be the responsibility of 
        the USAID Administrator in consultation with the Assistant 
        Secretary of State for International Narcotics and Law 
        Enforcement Affairs.
            (7) Of the funds appropriated under the heading 
        ``International Narcotics Control and Law Enforcement'' in this 
        Act, not more than $45,000,000 may be made available for 
        assistance for Colombia, of which $9,500,000 shall be for 
        judicial reform programs, $8,000,000 shall be made available to 
        USAID for human rights activities, $15,000,000 shall be for the 
        Office of the Fiscal General including not less than $5,000,000 
        for the human rights unit and not less than $5,000,000 for the 
        Justice and Peace Unit, and for witness protection for victims 
        of armed groups and investigations of mass graves, $5,000,000 
        shall be for the Office of the Procuraduria General, and 
        $750,000 shall be for a United States contribution to the 
        Office of the United Nations High Commissioner for Human Rights 
        in Colombia to support monitoring and public reporting of human 
        rights conditions in the field.
            (8) Of the funds appropriated under the heading ``Andean 
        Counterdrug Programs'' in this Act, not more than $241,000,000 
        may be made available for assistance for Colombia: Provided, 
        That funds made available for assistance for the Government of 
        Colombia in this Act may be used to support a unified campaign 
        against narcotics trafficking and organizations designated as 
        Foreign Terrorist Organizations and successor organizations, 
        and to take actions to protect human health and welfare in 
        emergency circumstances, including undertaking rescue 
        operations: Provided further, That assistance made available 
        previously for the Government of Colombia to protect the Cano-
        Limon pipeline may also be used for purposes for which funds 
        are made available under the heading ``Andean Counterdrug 
        Programs'' and this paragraph: 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 this Act for Colombia: Provided further, That 
        rotary and fixed wing aircraft supported with funds 
        appropriated under the heading ``Andean Counterdrug Programs'' 
        for assistance for Colombia may be used for aerial or manual 
        drug eradication and interdiction including to transport 
        personnel and supplies and to provide security for such 
        operations, and to provide transport in support of alternative 
        development programs and investigations of cases under the 
        jurisdiction of the Fiscal General, the Procuraduria General, 
        and the Defensoria del Pueblo: Provided further, That of the 
        funds available for the Colombian national police for the 
        procurement of chemicals for aerial coca and poppy eradication 
        programs, not more than 20 percent of such funds may be made 
        available for such eradication programs unless the Secretary of 
        State certifies to the Committees on Appropriations that: (1) 
        the herbicide is being used in accordance with EPA label 
        requirements for comparable use in the United States and with 
        Colombian laws; and (2) the herbicide, in the manner it is 
        being used, does not pose unreasonable risks or adverse effects 
        to humans or the environment (including deforestation resulting 
        from migration caused by such eradication, and harm to endemic 
        species): Provided further, That such funds may not be made 
        available unless the Secretary of State certifies to the 
        Committees on Appropriations that complaints of harm to health 
        or licit crops caused by such aerial eradication are thoroughly 
        evaluated and fair compensation is being paid in a timely 
        manner for meritorious claims: Provided further, That the 
        Secretary shall submit a report to the Committees on 
        Appropriations detailing all claims, evaluations, and 
        compensation paid during the 12 month period prior to the date 
        of enactment of this Act: Provided further, That such funds may 
        not be made available for such purposes unless the Secretary of 
        State certifies to the Committees on Appropriations that 
        programs are being implemented by USAID, the Government of 
        Colombia, or other organizations, in consultation and 
        coordination with local communities, to provide alternative 
        sources of income in areas where security permits for small-
        acreage growers and communities whose illicit crops are 
        targeted for aerial eradication: Provided further, That none of 
        the funds appropriated by this Act for assistance for Colombia 
        shall be made available for the cultivation or processing of 
        African oil palm, if doing so would contribute to significant 
        loss of native species, disrupt or contaminate natural water 
        sources, reduce local food security, or cause the forced 
        displacement of local people: Provided further, That funds 
        appropriated by this Act may be used for aerial eradication in 
        Colombia's national parks or reserves only if the Secretary of 
        State certifies to the Committees on Appropriations on a case-
        by-case basis that there are no effective alternatives and the 
        eradication is conducted in accordance with Colombian laws.
            (9) Of the funds appropriated under the heading ``Foreign 
        Military Financing Program'' in this Act, not more than 
        $53,000,000 may be made available for assistance for Colombia.
            (10) The terms and conditions of section 649(e) and (f) of 
        the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2008 (division J of Public Law 
        110-161) shall apply to assistance for Colombia in this Act.
    (b) Mexico.--Of the funds appropriated by this Act under the 
headings ``International Narcotics Control and Law Enforcement'' and 
``Economic Support Fund'', not more than $300,000,000 may be made 
available for assistance for Mexico, only to combat drug trafficking 
and related violence and organized crime, and for judicial reform, 
institution building, anti-corruption, and rule of law activities, of 
which not less than $35,000,000 shall be for judicial reform, 
institution building, anti-corruption, and rule of law activities.
            (1) Allocation of funds.--Fifteen percent of the funds made 
        available under this section for assistance for Mexico, not 
        including assistance for judicial reform, institution building, 
        anti-corruption, and rule of law activities, may not be 
        obligated until the Secretary of State reports in writing to 
        the Committees on Appropriations that the Government of 
        Mexico--
                    (A) is continuing to improve the transparency and 
                accountability of Federal police forces and to work 
                with State and municipal authorities to improve the 
                transparency and accountability of State and municipal 
                police forces through mechanisms including police 
                complaints commissions with authority and independence 
                to receive complaints and carry out effective 
                investigations;
                    (B) is conducting regular consultations with 
                Mexican human rights organizations and other relevant 
                Mexican civil society organizations on recommendations 
                for the implementation of the Merida Initiative in 
                accordance with Mexican and international law;
                    (C) is continuing to ensure that civilian 
                prosecutors and judicial authorities are investigating 
                and prosecuting, in accordance with Mexican and 
                international law, members of the Federal police and 
                military forces who have been credibly alleged to have 
                violated human rights, and the Federal police and 
                military forces are fully cooperating with the 
                investigations; and
                    (D) is continuing to enforce the prohibition, in 
                accordance with Mexican and international law, on the 
                use of testimony obtained through torture or other ill-
                treatment.
            (2) Report.--The report required in paragraph (1) shall 
        include a description of actions taken with respect to each 
        requirement and the cases or issues brought to the attention of 
        the Secretary of State for which the response or action taken 
        has been inadequate.
            (3) Notification.--Funds made available for Mexico under 
        this section shall be subject to the regular notification 
        procedures of the Committees on Appropriations and section 634A 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
            (4) Spending plan.--Not later than 45 days after the date 
        of enactment of this Act, the Secretary of State shall submit 
        to the Committees on Appropriations a detailed spending plan, 
        developed after consulting with relevant Mexican Government 
        authorities, for funds made available for Mexico under this 
        section, with concrete goals, programs and activities to be 
        funded, and anticipated results.
            (5) Analysis of alternatives.--Not less than 90 days prior 
        to the obligation of funds for the procurement or lease of 
        aircraft, the Director of the Defense Security Cooperation 
        Agency, in consultation with the Secretary of State, shall 
        submit to the Committees on Appropriations an Analysis of 
        Alternatives for the acquisition of all aircraft for the Merida 
        Initiative.
    (c) Central America, Haiti and the Dominican Republic.--Of the 
funds appropriated by this Act under the headings ``International 
Narcotics Control and Law Enforcement'' and ``Economic Support Fund'', 
$100,000,000 may be made available for assistance for the countries of 
Central America, Haiti and the Dominican Republic only to combat drug 
trafficking and related violence and organized crime, and for judicial 
reform, institution building, anti-corruption, and rule of law 
activities, of which not less than $35,000,000 shall be made available 
for judicial reform, institution building, anti-corruption, and rule of 
law activities: Provided, That of the funds appropriated under the 
heading ``Economic Support Fund'' in this Act, $25,000,000 shall be 
made available for continued support for an Economic and Social 
Development Fund for Central America, of which $20,000,000 shall be 
made available through the United States Agency for International 
Development and $5,000,000 shall be made available through the 
Department of State for educational exchange programs for students with 
high financial need: Provided further, That of the funds appropriated 
under the heading ``International Narcotics Control and Law 
Enforcement'' in this Act, $2,500,000 shall be made available for 
assistance for Haiti, $2,500,000 shall be made available for assistance 
for the Dominican Republic, $3,000,000 shall be made available for a 
United States contribution to the International Commission Against 
Impunity in Guatemala (CICIG), $2,000,000 shall be made available to 
improve the capacity of the Government of Guatemala to conduct forensic 
investigations, and $1,000,000 shall be made available for witness 
protection programs in Guatemala.
            (1) Allocation of funds.--Fifteen percent of the funds made 
        available under this section for assistance for the countries 
        of Central America, Haiti and the Dominican Republic, not 
        including assistance for judicial reform, institution building, 
        anti-corruption, and rule of law activities, may not be 
        obligated until the Secretary of State reports in writing to 
        the Committees on Appropriations that the government of such 
        country--
                    (A) has police complaints commissions with 
                authority and independence to receive complaints and 
                carry out effective investigations;
                    (B) is continuing to implement reforms to improve 
                the capacity and ensure the independence of the 
                judiciary; and
                    (C) is continuing to investigate and prosecute 
                members of the Federal police and military forces who 
                have been credibly alleged to have violated human 
                rights.
            (2) Report.--The report required in paragraph (1) shall 
        include a description of actions taken with respect to each 
        requirement and the cases or issues brought to the attention of 
        the Secretary of State for which the response or action taken 
        has been inadequate.
            (3) Notification.--Funds made available for the countries 
        of Central America, Haiti and the Dominican Republic under this 
        section shall be subject to the regular notification procedures 
        of the Committees on Appropriations and section 634A of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2394-1).
            (4) Spending plan.--Not later than 45 days after the date 
        of enactment of this Act, the Secretary of State shall submit 
        to the Committees on Appropriations a detailed spending plan, 
        developed after consulting with relevant Central American, 
        Haitian and Dominican Republic authorities, with concrete 
        goals, programs and activities to be funded, and anticipated 
        results.
            (5) Definition.--For the purposes of this section, the term 
        ``countries of Central America'' means Belize, Costa Rica, El 
        Salvador, Guatemala, Honduras, Nicaragua, and Panama.
    (d) Haiti.--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.
    (e) Dominican Republic.--Of the funds appropriated by this Act 
under the headings ``Global Health and Child Survival'' and 
``Development Assistance'' that are available for assistance for the 
Dominican Republic, not less than $5,000,000 shall be made available 
for basic health care, nutrition, sanitation, education, and shelter 
for migrant workers and other residents of batey communities.
    (f) Guatemala.--
            (1) Funds appropriated by this Act under the heading 
        ``International Military Education and Training'' (IMET) that 
        are available for assistance for Guatemala, other than for 
        expanded IMET, may be made available only for the Guatemalan 
        Air Force, Navy and Army Corps of Engineers: Provided, That 
        assistance for the Guatemalan Army Corps of Engineers shall 
        only be available for training to improve disaster response 
        capabilities and to participate in international peacekeeping 
        operations: Provided further, That such funds may be made 
        available only if the Secretary of State certifies that the 
        Guatemalan Armed Forces are respecting human rights and are 
        cooperating with civilian judicial investigations and 
        prosecutions of current and retired military personnel who have 
        been credibly alleged to have committed violations of human 
        rights, and with the CICIG by granting access to CICIG 
        personnel, providing evidence to CICIG, and allowing witness 
        testimony.
            (2) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not more than $500,000 
        may be made available for the Guatemalan Air Force and Navy: 
        Provided, That such funds may be made available only if the 
        Secretary of State certifies that the Guatemalan Armed Forces 
        are respecting human rights and are cooperating with civilian 
        judicial investigations and prosecutions of current and retired 
        military personnel who have been credibly alleged to have 
        committed violations of human rights, including protecting and 
        providing to the Attorney General's office all military 
        archives pertaining to the internal armed conflict, and the 
        Guatemalan Armed Forces are cooperating with the CICIG by 
        granting access to CICIG personnel, providing evidence to 
        CICIG, and allowing witness testimony.
    (g) Aircraft Operations and Maintenance.--The costs of operations 
and maintenance, including fuel, of aircraft funded by this Act that 
are made available pursuant to this section shall be borne by the 
recipient country.

                    energy and environment programs

    Sec. 759. (a) Energy.--Of the funds appropriated by this Act, 
$100,000,000 shall be made available to the United States Agency for 
International Development, in addition to funds otherwise made 
available for such purposes, for programs and activities which directly 
support zero-carbon renewable technologies and energy efficient end-use 
technologies, including solar-thermal, wind, geothermal, and small 
hydro, particularly in areas where access to energy is limited.
    (b) Biodiversity Protection.--Of the funds appropriated under the 
heading ``Development Assistance'' in this Act, not less than 
$200,000,000 shall be made available for programs and activities which 
directly protect biodiversity, with an emphasis on protecting tropical 
forests, in developing countries, of which not less than $25,000,000 
shall be made available for the United States Agency for International 
Development's Amazon Basin Conservation Initiative: Provided, That of 
the funds made available under this paragraph, not less than 
$17,500,000 shall be made available for the Congo Basin Forest 
Partnership of which not less than $2,500,000 shall be made available 
to the United States Fish and Wildlife Service for conservation 
programs in Africa.
    (c)(1) Extraction of Natural Resources.--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 
to oppose 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 unless 
the government of the country has in place functioning systems for: (i) 
accurately accounting for payments for companies involved in the 
extraction and export of natural resources; (ii) the independent 
auditing of accounts receiving such payments and the widespread public 
dissemination of the findings of such audits; and (iii) 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 
natural resources in the preceeding 12 months, and whether each 
institution considered, in its proposal for such assistance, the extent 
to which the country has functioning systems described in paragraph 
(1).
    (3) Of the funds appropriated under the heading ``Economic Support 
Fund'' in this Act, not less than $3,000,000 shall be made available 
for a United States contribution to the Extractive Industries 
Transparency Initiative Trust Fund.

                       development grants program

    Sec. 760. Of the funds appropriated by this Act to carry out 
chapter 1 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, not less than $50,000,000 shall be made available for the 
Development Grants Program established pursuant to section 674 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act (division J of Public Law 110-161): Provided, That 
not more than 50 percent of this amount shall be derived from funds 
appropriated to carry out chapter 1 of part I of such Act: Provided 
further, That funds made available under this section are in addition 
to other funds available for such purposes including funds designated 
by this Act by section 754.

                            usaid management

                     (including transfer of funds)

    Sec. 761. (a) Authority.--Up to $95,000,000 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 Europe, Eurasia and Central Asia'', 
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 75.
            (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2010.
    (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 Europe, Eurasia and Central Asia'', 
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 with, funds appropriated by this Act under 
the heading ``Operating Expenses of the United States Agency for 
International Development''.
    (g) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for foreign operations, export financing, and 
related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980, may be extended for a period of up to 5 
years notwithstanding the limitation set forth in such section.
    (h) Junior Officer Placement Authority.--Of the funds made 
available in subsection (a), USAID may use, in addition to funds 
otherwise available for such purposes, up to $15,000,000 to fund 
overseas support costs of members of the Foreign Service with a Foreign 
Service rank of four or below: Provided, That such authority is only 
used to reduce USAID's reliance on overseas personal services 
contractors or other 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 Europe 
and Eurasia''.
    (i) 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 Europe, 
Eurasia, and Central Asia'', 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 USAID whose 
primary responsibility is to carry out programs in response to natural 
disasters.

                        opic transfer authority

                     (including transfer of funds)

    Sec. 762. 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. 763. The Secretary of State shall provide the Committees on 
Appropriations, not later than April 1, 2009, 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.

                inhumane international prison conditions

    Sec. 764. (a) Funds appropriated by this Act to carry out the 
provisions of chapters 1 and 11 of part I and chapter 4 of part II of 
the Foreign Assistance Act of 1961, and the Support for East European 
Democracy (SEED) Act of 1989, shall be made available for assistance to 
help eliminate inhumane prison conditions in countries whose 
governments do not comply with minimum standards for international 
prison conditions but are making efforts to comply, notwithstanding any 
other provision of law and subject to the regular notification 
procedures of the Committees on Appropriations.
    (b) Within 180 days after the date of enactment of this Act, the 
Secretary of State shall submit to the Committees on Appropriations a 
report describing the prison conditions of countries whose governments 
receive assistance under this Act and prior Acts making appropriations 
for foreign operations, export financing and related program, and 
identifying those governments which do not meet minimum standards for 
international prison conditions but are making significant efforts to 
comply, and those governments that do not meet such standards and are 
not making significant efforts to comply, and the specific standards 
such governments are failing to meet: Provided, That such report shall 
be made available to the public, including on the Department of State 
website.
    (c) For the purposes of this section, ``minimum standards for 
international prison conditions'' shall mean--
            (1) The number of prisoners held in a facility does not so 
        exceed prison capacity such that per capita floor space is 
        sufficient to allow for humane sleeping conditions and 
        reasonable physical movement.
            (2) Human waste facilities are located separately from the 
        prison population at large, and human waste is disposed of 
        regularly in a sanitary manner.
            (3) The lighting, ventilation, temperature and physical 
        construction of prison facilities do not endanger the health 
        and safety of the prisoners.
            (4) Prisoners have access to adequate food and drinking 
        water.
            (5) Prisoners have access to basic and emergency medical 
        care.
            (6) Prisoners are allowed reasonable contact with family 
        members and others and, to the maximum extent practicable, 
        permitted religious observance.
            (7) The government permits prisoners to submit complaints 
        to judicial authorities and investigates credible allegations 
        of inhumane prison conditions.
    (d) Staffing.--Of the funds appropriated by this Act under the 
heading ``Diplomatic and Consular Programs'', funds shall be made 
available to the Bureau of Democracy, Human Rights and Labor for a 
Deputy Assistant Secretary level position which shall have primary 
responsibility for implementing this section.

                                  iraq

    Sec. 765. (a) Matching Requirement.--The terms and conditions of 
section 1402(e)(1) and (2) of Public Law 110-252 shall apply to 
assistance for Iraq in this Act.
    (b) Certification and Reports.--
            (1) The Secretary of State shall certify to the Committees 
        on Appropriations, prior to the initial obligation of funds 
        made available for assistance for Iraq in this Act, that the 
        Government of Iraq has committed to obligate matching funds on 
        a dollar-for-dollar basis. The Secretary shall submit a report 
        to the Committees on Appropriations not later than September 
        30, 2009 and 180 days thereafter, detailing the amounts of 
        funds obligated and expended by the Government of Iraq to meet 
        the requirements of this section.
            (2) Not later than 90 days after enactment of this Act and 
        consistent with section 1402(e)(4) of Public Law 110-252, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations detailing the amount of funds the Government of 
        Iraq plans to provide in fiscal year 2009 to organizations and 
        programs for the purpose of assisting Iraqi refugees, on a 
        dollar-for-dollar matching basis with United States 
        contributions.
            (3) Not later than 180 days after enactment of this Act, 
        the Secretary of State, in consultation with relevant United 
        States Government agencies, shall submit to the Committees on 
        Appropriations a report, in classified form if necessary, that 
        details the plans, costs and timelines associated with the 
        transition of programs and activities funded under titles II 
        through VI of this Act and prior Acts making appropriations for 
        the Department of State, foreign operations, and related 
        programs to the Government of Iraq.

                               uzbekistan

    Sec. 766. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Uzbekistan if the 
Secretary of State determines and reports to the Committees on 
Appropriations that the Government of Uzbekistan is making substantial 
and continuing progress--
            (1) in meeting its commitments under the ``Declaration on 
        the Strategic Partnership and Cooperation Framework Between the 
        Republic of Uzbekistan and the United States of America'', 
        including respect for human rights, establishing a genuine 
        multi-party system, and ensuring free and fair elections, 
        freedom of expression, and the independence of the media; and
            (2) in investigating and prosecuting the individuals 
        responsible for the deliberate killings of civilians in Andijan 
        in May 2005.
    (b) If the Secretary of State has credible evidence that any 
current or former official of the Government of Uzbekistan was 
responsible for the deliberate killings of civilians in Andijan in May 
2005, or for other gross violations of human rights in Uzbekistan, not 
later than 6 months after enactment of this Act any person identified 
by the Secretary pursuant to this subsection shall be ineligible for 
admission to the United States.
    (c) The restriction in subsection (b) shall cease to apply if the 
Secretary determines and reports to the Committees on Appropriations 
that the Government of Uzbekistan has taken concrete and measurable 
steps to improve respect for human rights, including allowing peaceful 
political and religious expression, releasing imprisoned human rights 
defenders, and implementing recommendations made by the United Nations 
on torture.
    (d) The Secretary may waive the application of subsection (b) if 
the Secretary determines that admission to the United States is 
necessary to attend the United Nations or to further United States law 
enforcement objectives.
    (e) For the purpose of this section ``assistance'' shall include 
excess defense articles.

                  united nations human rights council

    Sec. 767. (a) None of the funds appropriated by this Act may be 
made available for a United States contribution to the United Nations 
Human Rights Council.
    (b) The prohibition under subsection (a) shall not apply if--
            (1) the Secretary of State certifies to the Committees on 
        Appropriations that the provision of funds to support the 
        United Nations Human Rights Council is in the national interest 
        of the United States; or
            (2) the United States is a member of the Human Rights 
        Council.

                attendance at international conferences

    Sec. 768. None of the funds made available in this Act may be used 
to send or otherwise pay for the attendance of more than 35 employees 
of agencies or departments of the United States Government who are 
stationed in the United States, at any single international conference 
occurring outside the United States, unless the Secretary of State 
reports to the Committees on Appropriations that such attendance is in 
the national interest: Provided, That for purposes of this section the 
term ``international conference'' shall mean a conference attended by 
employees of the United States Government and employees of foreign 
governments, international organizations, or nongovernmental 
organizations.

                              central asia

    Sec. 769. (a) Funds appropriated by this Act may be made available 
for assistance for the Government of Kazakhstan if the Secretary of 
State reports to the Committees on Appropriations that the Government 
of Kazakhstan has made significant improvements in the protection of 
human rights and civil liberties during the preceding 6 month period, 
including by fulfilling obligations recommended by the Organization for 
Security and Cooperation in Europe (OSCE) in the areas of election 
procedures, media freedom, freedom of religion, free assembly and 
minority rights, and by meeting the commitments it made in connection 
with its assumption of the Chairmanship of the OSCE in 2010.
    (b) The Secretary of State may waive subsection (a) if the 
Secretary determines and reports to the Committees on Appropriations 
that such a waiver is important to the national security of the United 
States.
    (c) Not later than October 1, 2009, the Secretary of State shall 
submit a report to the Committees on Appropriations and the Committee 
on Foreign Relations of the Senate and the Committee on Foreign Affairs 
of the House of Representatives describing the following:
            (1) The defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 12-month period ending 30 days prior to 
        submission of such report.
            (2) The use during such period of defense articles, defense 
        services, and financial assistance provided by the United 
        States by units of the armed forces, border guards, or other 
        security forces of such countries.
    (d) For purposes of this section, the term ``countries of Central 
Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 
Turkmenistan.

                          disability programs

    Sec. 770. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $4,000,000 shall be 
made available for programs and activities administered by the United 
States Agency for International Development (USAID) to address the 
needs and protect the rights of people with disabilities in developing 
countries, to be allocated as follows--
            (1) $1,500,000 shall be for programs to make publicly 
        available information on independent living, advocacy, 
        education, and transportation for people with disabilities and 
        disability advocacy organizations in developing countries, 
        including for the cost of translation; and
            (2) $2,500,000 shall be made available for programs and 
        activities administered by USAID to address the needs and 
        protect the rights of people with disabilities in developing 
        countries.
    (b) Funds appropriated under the heading ``Operating Expenses of 
the United States Agency for International Development'' in this Act 
shall be made available to develop and implement training for staff in 
overseas USAID missions to promote the full inclusion and equal 
participation of people with disabilities in developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, and the 
USAID Administrator shall seek to ensure that, where appropriate, 
construction projects funded by this Act are accessible to people with 
disabilities and in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards.
    (d) Of the funds made available pursuant to subsection (a), not 
more than 7 percent may be for management, oversight and technical 
support.

               orphans, displaced and abandoned children

    Sec. 771. Of the funds appropriated under title III of this Act, 
$3,000,000 should be made available for activities to improve the 
capacity of foreign government agencies and nongovernmental 
organizations to prevent child abandonment, address the needs of 
orphans, displaced and abandoned children and provide permanent homes 
through family reunification, guardianship and domestic adoptions: 
Provided, That funds made available under title III of this Act should 
be made available, as appropriate, consistent with--
            (1) the goal of enabling children to remain in the care of 
        their family of origin, but when not possible, placing children 
        in permanent homes through adoption;
            (2) the principle that such placements should be based on 
        informed consent which has not been induced by payment or 
        compensation;
            (3) the view that long-term foster care or 
        institutionalization are not permanent options and should be 
        used when no other suitable permanent options are available; 
        and
            (4) the recognition that programs that protect and support 
        families can reduce the abandonment and exploitation of 
        children.

                             child soldiers

    Sec. 772. (a) None of the funds appropriated or otherwise made 
available for foreign military financing, foreign military sales, 
direct commercial sales, or excess Defense articles by this Act or any 
other Act making appropriations for foreign operations, export 
financing, and related programs may be obligated or otherwise made 
available to the government of a country that is identified by the 
Department of State in the Department of State's most recent Country 
Reports on Human Rights Practices as having governmental armed forces 
or government supported armed groups, including paramilitaries, 
militias, or civil defense forces, that recruit or use child soldiers.
    (b) The Secretary of State may provide assistance or defense 
articles otherwise prohibited under subsection (a) to a country upon 
certifying to the Committees on Appropriations that the government of 
such country has implemented effective measures to demobilize children 
from its forces or from government-supported armed groups and prohibit 
and prevent the future recruitment or use of child soldiers.
    (c) The Secretary of State may waive the application of the 
prohibition in subsection (a) on a country-by-country basis if the 
Secretary determines and reports to the Committees on Appropriations 
that such waiver is important to the national interest of the United 
States.

                                 serbia

    Sec. 773. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2009, 
if the President has made the determination and certification contained 
in subsection (c).
    (b) After May 31, 2009, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the 
Government of Serbia subject to the conditions in subsection (c).
    (c) The determination and certification referred to in subsection 
(a) is a determination and a certification by the President to the 
Committees on Appropriations that the Government of Serbia is--
            (1) cooperating with the International Criminal Tribunal 
        for the former Yugoslavia including access for investigators, 
        the provision of documents, timely information on the location, 
        movement, and sources of financial support of indictees, and 
        the surrender and transfer of indictees or assistance in their 
        apprehension, including Ratko Mladic and Radovan Karadzic;
            (2) taking steps that are consistent with the Dayton 
        Accords to end Serbian financial, political, security and other 
        support which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law.
    (d) This section shall not apply to Kosovo, humanitarian assistance 
or assistance to promote democracy.

                              philippines

    Sec. 774. Of the funds appropriated by this Act under the heading 
``Foreign Military Financing Program'', not to exceed $30,000,000 may 
be made available for assistance for the Philippines, of which 
$2,000,000 may not be obligated until the Secretary of State reports in 
writing to the Committees on Appropriations that--
            (1) the Government of the Philippines is implementing the 
        recommendations of the United Nations Special Rapporteur on 
        Extrajudicial, Summary or Arbitrary Executions;
            (2) the Government of the Philippines is implementing a 
        policy of promoting military personnel who demonstrate 
        professionalism and respect for human rights, and is 
        investigating and prosecuting military personnel and others who 
        have been credibly alleged to have violated human rights; and
            (3) the Philippine Armed Forces is not engaging in acts of 
        intimidation or violence against members of legal organizations 
        who advocate for human rights.

                                pakistan

    Sec. 775. (a) Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'', up to $300,000,000 may 
be made available for assistance for Pakistan for counterterrorism and 
law enforcement activities directed against the Taliban and al Qaeda 
and associated terrorist groups, as follows--
    (b) Of the amount provided in subsection (a), $50,000,000 may not 
be obligated until the Secretary of State reports in writing to the 
Committees on Appropriations that the Government of Pakistan--
            (1) is making concerted efforts to prevent the Taliban, al 
        Qaeda and associated terrorist groups from operating in the 
        territory of Pakistan, including by eliminating terrorist 
        training camps or facilities, arresting Taliban leaders and 
        members of al Qaeda and associated terrorist groups, stopping 
        cross-border incursions, and countering recruitment efforts; 
        and
            (2) has restored an independent judiciary.
    (c) Funds appropriated by this Act that are made available for 
assistance for Pakistan shall be subject to the regular notification 
procedures of the Committees on Appropriations.

                               sri lanka

    Sec. 776. (a) None of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' may be made available 
for assistance for Sri Lanka, no defense export license may be issued, 
and no military equipment or technology shall be sold or transferred to 
Sri Lanka pursuant to the authorities contained in this Act or any 
other Act, until the Secretary of State certifies to the Committee on 
Appropriations that--
            (1) the Sri Lankan military is suspending and the 
        Government of Sri Lanka is bringing to justice members of the 
        military who have been credibly alleged to have violated human 
        rights or international humanitarian law, including complicity 
        in the recruitment of child soldiers;
            (2) the Government of Sri Lanka is providing access to 
        humanitarian organizations and journalists throughout the 
        country consistent with international humanitarian law; and
            (3) the Government of Sri Lanka has agreed to the 
        establishment of a field presence of the Office of the United 
        Nations High Commissioner for Human Rights in Sri Lanka with 
        sufficient staff and mandate to conduct full and unfettered 
        monitoring throughout the country and to publicize its 
        findings.
    (b) Subsection (a) shall not apply to technology or equipment made 
available for the limited purposes of maritime and air surveillance.

                    millennium challenge corporation

    Sec. 777. (a) The Chief Executive Officer of the Millennium 
Challenge Corporation shall, not later than 30 days following enactment 
of this Act, submit to the Committees on Appropriations a report on the 
proposed uses, on a country-by-country basis, of all funds appropriated 
under the heading ``Millennium Challenge Corporation'' in this Act or 
prior Acts making appropriations for foreign operations, export 
financing, and related programs projected to be obligated and expended 
in fiscal year 2009 and subsequent fiscal years.
    (b) The report required in paragraph (a) shall include, at a 
minimum, a description of--
            (1) compacts in development, including the status of 
        negotiations and the approximate range of value of the proposed 
        compact;
            (2) compacts in implementation, including the projected 
        expenditure and disbursement of compact funds during fiscal 
        year 2009 and subsequent fiscal years as determined by the 
        country compact;
            (3) threshold country programs in development, including 
        the approximate range of value of the threshold country 
        agreement;
            (4) threshold country programs in implementation; and
            (5) use of administrative funds.
    (c) The Chief Executive Officer of the Millennium Challenge 
Corporation shall notify the Committees on Appropriations not later 
than 15 days prior to signing any new country compact or new threshold 
country program; terminating or suspending any country compact or 
threshold country program; or commencing negotiations for any new 
compact or threshold country program.
    (d) The report required in paragraph (a) shall be updated on a 
quarterly basis.
    (e) Funds appropriated by this Act under the heading ``Millennium 
Challenge Corporation'' may be transferred to, and merged with, funds 
made available under the headings ``Diplomatic and Consular Programs'' 
and ``Embassy Security, Construction, and Maintenance'', to offset 
costs associated with the placement of personnel and the additional 
security requirements of such personnel as a result of the programs and 
activities of the Millennium Challenge Corporation at United States 
missions abroad, subject to the regular notification procedures of the 
Committees on Appropriations.

        removal of certain restrictive eligibility requirements

    Sec. 778. Notwithstanding any other provision of law, regulation, 
or policy, in determining eligibility for assistance authorized under 
part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), 
foreign nongovernmental organizations shall not be ineligible for such 
assistance solely on the basis of health or medical services, including 
counseling and referral services, provided by such organizations with 
non-United States Government funds if such services do not violate the 
laws of the country in which they are being provided and would not 
violate United States Federal law if provided in the United States, and 
shall not be subject to requirements relating to the use of non-United 
States Government funds for advocacy and lobbying activities other than 
those that apply to United States nongovernmental organizations 
receiving assistance under part I of such Act.

                                  cuba

    Sec. 779. (a) Subject to subsection (b), of the funds appropriated 
by this Act under the heading ``International Narcotics Control and Law 
Enforcement'', $1,000,000 shall be made available for preliminary work 
by the Department of State, or such other entity as the Secretary of 
State may designate, to establish cooperation with appropriate agencies 
of the Government of Cuba on counter-narcotics matters, including 
matters relating to cooperation, coordination, and mutual assistance in 
the interdiction of illicit drugs being transported through Cuban 
airspace or over Cuban waters.
    (b) The amount in subsection (a) shall not be available if the 
Secretary certifies to the Committees on Appropriations that--
            (1) Cuba does not have in place appropriate procedures to 
        protect against the loss of innocent life in the air and on the 
        ground in connection with the interdiction of illegal drugs; 
        and
            (2) there is credible evidence of involvement of the 
        Government of Cuba in drug trafficking during the preceeding 10 
        years.
    This Act may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2009''.


                                                       Calendar No. 889

110th CONGRESS

  2d session

                                S. 3288

                          [Report No. 110-425]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2009, and 
                          for other purposes.

_______________________________________________________________________

                July 18 (legislative day, July 17), 2008

                 Read twice and placed on the calendar