[House Prints, 110th Congress]
[From the U.S. Government Publishing Office]
=======================================================================
[House Appropriations Committee Print]
Consolidated Appropriations Act, 2008
(H.R. 2764; Public Law 110-161)
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2008
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CONTENTS, DIVISION J
Page
Legislative Text:
Title I--Department of State and Related Agencies............ 2044
Title II--Export and Investment Assistance................... 2056
Title III--Bilateral Economic Assistance..................... 2058
Title IV--Military Assistance................................ 2076
Title V--Multilateral Economic Assistance.................... 2079
Title VI--General Provisions................................. 2080
Explanatory Statement:
Title I--Department of State and Related Agencies............ 2146
Title II--Export and Investment Assistance................... 2163
Title III--Bilateral Economic Assistance..................... 2164
Title IV--Military Assistance................................ 2188
Title V--Multilateral Economic Assistance.................... 2190
Title VI--General Provisions................................. 2192
Earmark Disclosure........................................... 2211
[Clerk's note: Six sections which precede division A in the
Consolidated Appropriations Act apply to all divisions of the
Act, including this one. The text of these sections is as
follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Consolidated Appropriations
Act, 2008''.
SEC. 2. TABLE OF CONTENTS.
[Text omitted for purposes of this note]
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding the consolidated
appropriations amendment of the House of Representatives to the
amendment of the Senate to H.R. 2764, printed in the House
section of the Congressional Record on or about December 17,
2007 by the Chairman of the Committee on Appropriations of the
House, shall have the same effect with respect to the
allocation of funds and implementation of divisions A through K
of this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. EMERGENCY DESIGNATIONS.
Any designation in any division of this Act referring to
this section is a designation of an amount as an emergency
requirement and necessary to meet emergency needs pursuant to
subsections (a) and (b) of section 204 of S. Con. Res. 21
(110th Congress), the concurrent resolution on the budget for
fiscal year 2008.
SEC. 6. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2008.
Reproduced below is the text of division J of the
Consolidated Appropriations Act, 2008 (H.R. 2764; P.L. 110-161)
as presented to the President for signature.]
Legislative Text, Division J
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2008
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, including
employment, without regard to civil service and classification
laws, of persons on a temporary basis (not to exceed $700,000
of this appropriation), as authorized by section 801 of the
United States Information and Educational Exchange Act of 1948;
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress; arms control, nonproliferation and
disarmament activities as authorized; acquisition by exchange
or purchase of passenger motor vehicles as authorized by law;
and for expenses of general administration, $4,385,042,000:
Provided, That of the amount provided by this paragraph,
$575,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act): Provided
further, That of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and merged
with, ``Emergencies in the Diplomatic and Consular Service'',
to be available only for emergency evacuations and terrorism
rewards: Provided further, That of the amount made available
under this heading, not less than $360,905,000 shall be
available only for public diplomacy international information
programs: Provided further, That of the funds made available
under this heading, $5,000,000 shall be made available for a
demonstration program to expand access to consular services:
Provided further, That of the amount appropriated under this
heading, $2,000,000 shall be available for the Secretary to
establish and operate a public/private interagency public
diplomacy center which shall serve as a program integration and
coordination entity for United States public diplomacy
programs: Provided further, That of the amounts appropriated
under this heading, $4,000,000, to remain available until
expended, shall be for compensation to the families of members
of the Foreign Service or other United States Government
employees or their dependents, who were killed in terrorist
attacks since 1979: Provided further, That none of the funds
made available for compensation in the previous proviso may be
obligated without specific authorization in a subsequent Act of
Congress: Provided further, That during fiscal year 2008,
foreign service annuitants may be employed, notwithstanding
section 316.401 of title 5, Code of Federal Regulations,
pursuant to waivers under section 824(g)(1)(C)(ii) of the
Foreign Service Act of 1980 (22 U.S.C. 4064(g)(1)(C)(ii)):
Provided further, That of the funds appropriated under this
heading, $5,000,000 shall be made available for the
Ambassador's Fund for Cultural Preservation: Provided further,
That of the funds appropriated under this heading, $500,000 may
not be available for obligation until the Secretary of State
submits a report to the Committees on Appropriations outlining
a plan to increase the capacity of United States Embassy Moscow
to monitor human rights and Russian laws relating to the press
and civil society groups, and consults with the Committees on
Appropriations concerning such plan: Provided further, That the
Secretary may transfer to and merge with ``Emergencies in the
Diplomatic and Consular Service'' for rewards payments
unobligated balances of funds appropriated under ``Diplomatic
and Consular Programs'' for this fiscal year and for each
fiscal year hereafter, at no later than the end of the fifth
fiscal year after the fiscal year for which any such funds were
appropriated or otherwise made available: Provided further,
That funds available under this heading may be available for a
United States Government interagency task force to examine,
coordinate and oversee United States participation in the
United Nations headquarters renovation project: Provided
further, That no funds may be obligated or expended for
processing licenses for the export of satellites of United
States origin (including commercial satellites and satellite
components) to the People's Republic of China unless, at least
15 days in advance, the Committees on Appropriations are
notified of such proposed action: Provided further, That funds
appropriated under this heading are available, pursuant to 31
U.S.C. 1108(g), for the field examination of programs and
activities in the United States funded from any account
contained in this title.
In addition, not to exceed $1,558,390 shall be derived from
fees collected from other executive agencies for lease or use
of facilities located at the International Center in accordance
with section 4 of the International Center Act; in addition, as
authorized by section 5 of such Act, $490,000, to be derived
from the reserve authorized by that section, to be used for the
purposes set out in that section; in addition, as authorized by
section 810 of the United States Information and Educational
Exchange Act, not to exceed $6,000,000, to remain available
until expended, may be credited to this appropriation from fees
or other payments received from English teaching, library,
motion pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and, in addition, not to exceed $15,000, which shall
be derived from reimbursements, surcharges, and fees for use of
Blair House facilities.
In addition, for the costs of worldwide security protection,
$974,760,000, to remain available until expended: Provided,
That of the amount provided by this paragraph, $206,632,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$60,062,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$34,008,000, 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, $505,441,000, 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, $23,000,000, to remain available until September
30, 2009.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $761,216,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $676,000,000, 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 the ``Repatriation Loans
Program Account'', subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $678,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $607,000, which may be transferred
to and merged with ``Diplomatic and Consular Programs''.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $16,351,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized by law, $158,900,000.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,354,400,000: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for
the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget and cause the United Nations budget for
the biennium 2008-2009 to exceed the revised United Nations
budget level for the biennium 2006-2007 of $4,173,895,900:
Provided further, That any payment of arrearages under this
title shall be directed toward activities that are mutually
agreed upon by the United States and the respective
international organization: Provided further, That none of the
funds appropriated in this paragraph shall be available for a
United States contribution to an international organization for
the United States share of interest costs made known to the
United States Government by such organization for loans
incurred on or after October 1, 1984, through external
borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,700,500,000, of which 15 percent shall remain available
until September 30, 2009: Provided, That none of the funds made
available under this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations and other appropriate committees
of the Congress are notified of the estimated cost and length
of the mission, the national interest that will be served, and
the planned exit strategy; (2) the Committees on Appropriations
and other appropriate committees of the Congress are notified
that the United Nations has taken appropriate measures to
prevent United Nations employees, contractor personnel, and
peacekeeping forces serving in any United Nations peacekeeping
mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation,
and to hold accountable individuals who engage in such acts
while participating in the peacekeeping mission, including the
prosecution in their home countries of such individuals in
connection with such acts; and (3) a reprogramming of funds
pursuant to section 615 of this Act is submitted, and the
procedures therein followed, setting forth the source of funds
that will be used to pay for the cost of the new or expanded
mission: Provided further, That funds shall be available for
peacekeeping expenses only upon a certification by the
Secretary of State to the 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: Provided further,
That of the amount provided by this paragraph, $468,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$30,430,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $88,425,000, to remain available until expended, as
authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and for
the Border Environment Cooperation Commission as authorized by
Public Law 103-182, $10,940,000: Provided, That of the amount
provided under this heading for the International Joint
Commission, $9,000 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 2005, 2006, and
2007, including any unobligated funds which expired at the end
of each fiscal year and the justification for why such funds
were not obligated.
Of the funds made available in the Science, State, Justice,
Commerce, and Related Agencies Appropriations Act, 2006, Public
Law 109-108, as continued by the Continuing Appropriations
Resolution, 2007 (division B of Public Law 109-289, as amended
by Public Law 110-5), for the International Joint Commission
(119 Stat. 2323), $300,000 for the Lake Champlain Basin Program
shall remain available for the purposes intended until
September 30, 2009.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$26,527,000: 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 explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act) accompanying this Act and
no proposal for deviation from those amounts shall be
considered.
Other
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the Asia
Foundation Act (22 U.S.C. 4402), $15,500,000, to remain
available until expended, as authorized.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2008, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2008, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
israeli arab scholarship program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2008, to remain
available until expended.
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $19,500,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
RELATED AGENCIES
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation 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, $676,727,000: Provided, That of the total amount in this
heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other
provision of law, not to exceed $2,000,000 in receipts from
advertising and revenue from business ventures, not to exceed
$500,000 in receipts from cooperating international
organizations, and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes: Provided
further, That of the amount provided by this paragraph,
$12,000,000 is designated as described in section 5 (in the
matter preceding division A of this consolidated Act).
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and reception,
and purchase and installation of necessary equipment for radio
and television transmission and reception as authorized,
$10,748,000, to remain available until expended, as authorized.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $499,000, as
authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $3,300,000, to remain available until September 30,
2009.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,370,000, to remain available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2009.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not more
than $4,000 for the purpose of official representation, to
remain available until September 30, 2009: Provided, That the
Commission shall submit a spending plan to the Committees on
Appropriations no later than March 1, 2008, 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 a quarterly accounting of the cumulative
balances of any unobligated funds that were received by the
Commission during any previous fiscal year: Provided further,
That for purposes of costs relating to printing and binding,
the Commission shall be deemed, effective on the date of its
establishment, to be a committee of Congress: Provided further,
That compensation for the executive director of the Commission
may not exceed the rate payable for level II of the Executive
Schedule under section 5314 of title 5, United States Code:
Provided further, That section 1238(c)(1) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year 2001,
is amended by striking ``June'' and inserting ``December'':
Provided further, That travel by members of the Commission and
its staff shall be arranged and conducted under the rules and
procedures applying to travel by members of the House of
Representatives and its staff.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448), $150,000, to remain
available until September 30, 2009.
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $25,000,000, to remain available until September 30, 2009.
GENERAL PROVISIONS--THIS TITLE
ALLOWANCES AND DIFFERENTIALS
Sec. 101. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United
States Code; for services as authorized by 5 U.S.C. 3109; and
for hire of passenger transportation pursuant to 31 U.S.C.
1343(b).
UNOBLIGATED BALANCES REPORT
Sec. 102. The Department of State and the Broadcasting Board
of Governors shall provide to the Committees on Appropriations
a quarterly accounting of the cumulative balances of any
unobligated funds that were received by such agency during any
previous fiscal year.
EMBASSY CONSTRUCTION
Sec. 103. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a
diplomatic facility of the United States may not include office
space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of
State the full amount of funding required by subsection (e) of
section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-453), as amended by section 629 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the Marine Corps.
PEACEKEEPING MISSIONS
Sec. 104. None of the funds made available under title I of
this Act may be used for any United Nations undertaking when it
is made known to the Federal official having authority to
obligate or expend such funds that: (1) the United Nations
undertaking is a peacekeeping mission; (2) such undertaking
will involve United States Armed Forces under the command or
operational control of a foreign national; and (3) the
President's military advisors have not submitted to the
President a recommendation that such involvement is in the
national security interests of the United States and the
President has not submitted to the Congress such a
recommendation.
DENIAL OF VISAS
Sec. 105. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
616 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section
616 of that Act shall continue to apply during fiscal year
2008.
SENIOR POLICY OPERATING GROUP
Sec. 106. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 105(f) of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(f)) to coordinate agency activities regarding
policies (including grants and grant policies) involving the
international trafficking in persons, shall coordinate all such
policies related to the activities of traffickers and victims
of severe forms of trafficking.
(b) None of the funds provided under title I of this or any
other Act making appropriations for Department of State and
Related Agencies shall be expended to perform functions that
duplicate coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the
authorities that appointed them pursuant to section 105(f).
UNITED STATES CITIZENS BORN IN JERUSALEM
Sec. 107. For the purposes of registration of birth,
certification of nationality, or issuance of a passport of a
United States citizen born in the city of Jerusalem, the
Secretary of State shall, upon request of the citizen, record
the place of birth as Israel.
CONSULTING SERVICES
Sec. 108. 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.
COMPLIANCE WITH SECTION 609
Sec. 109. (a) None of the funds appropriated or otherwise
made available under title I of this Act shall be expended for
any purpose for which appropriations are prohibited by section
609 of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section
609 of that Act shall continue to apply during fiscal year
2008.
STATE DEPARTMENT AUTHORITIES
Sec. 110. 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)).
PERSONNEL ACTIONS
Sec. 111. Any costs incurred by a department or agency funded
under this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 615 of title VI of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
RESTRICTIONS ON UNITED NATIONS DELEGATIONS
Sec. 112. None of the funds made available under title I of
this Act may be used to pay expenses for any United States
delegation to any specialized agency, body, or commission of
the United Nations if such commission is chaired or presided
over by a country, the government of which the Secretary of
State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)),
has provided support for acts of international terrorism.
PEACEKEEPING ASSESSMENT
Sec. 113. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e
note) is amended at the end by adding the following: ``(v) For
assessments made during calendar year 2008, 27.1 percent.''.
ALHURRA BROADCASTING
Sec. 114. Funds appropriated for the programs and activities
of Alhurra in fiscal year 2008 may be made available only if
the Secretary of State certifies and reports to the Committees
on Appropriations that Alhurra does not advocate on behalf of
any organization that the Secretary knows, or has reason to
believe, engages in terrorist activities.
department of state inspector general
Sec. 115. (a) Link to Office of Inspector General From
Homepage of Department of State.--Not later than 30 days after
the date of the enactment of this Act, the Secretary of State
shall establish and maintain on the homepage of the Internet
website of the Department of State a direct link to the
Internet website of the Office of Inspector General of the
Department of State.
(b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not later
than 30 days after the date of the enactment of this Act, the
Inspector General of the Department of State shall establish
and maintain on the homepage of the Internet website of the
Office of Inspector General a mechanism by which individuals
can anonymously report cases of waste, fraud, or abuse with
respect to the Department of State.
CONSULAR OPERATIONS
Sec. 116. The Secretary of State shall establish limited
consular operations in Iraq within 180 days of enactment of
this Act in which designated categories of aliens may apply and
interview for admission to the United States.
INTERNATIONAL BOUNDARY AND WATER COMMISSION
Sec. 117. Of the funds appropriated in this Act under the
heading ``International Boundary and Water Commission, United
States and Mexico, Construction'' (IBWC), up to $66,000,000 may
be expended for construction of secondary wastewater treatment
capability of at least 25 million gallons per day (mgd) from
the Tijuana River, subject to the following conditions: (1)
IBWC shall resume negotiations in accordance with section 804
of Public Law 106-457; (2) IBWC shall prepare design and
engineering plans to upgrade the South Bay International
Wastewater Treatment Plant to treat 25 mgd to secondary
treatment and update its conceptual designs for a scalable
project capable of treating up to 100 mgd to secondary at the
facility; and (3) none of the funds made available by this
section may be obligated for construction before the Government
Accountability Office completes a report on the proposed
projects.
COMMISSION FINANCIAL MANAGEMENT
Sec. 118. (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.
TITLE II
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of
1978, as amended, $1,000,000, to remain available until
September 30, 2009.
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized to
make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the
Government Corporation Control Act, as may be necessary in
carrying out the program for the current fiscal year for such
corporation: Provided, That none of the funds available during
the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment,
fuel, or technology to any country, other than a nuclear-weapon
state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic
or military assistance under this Act, that has detonated a
nuclear explosive after the date of the enactment of this Act:
Provided further, That notwithstanding section 1(c) of Public
Law 103-428, as amended, sections 1(a) and (b) of Public Law
103-428 shall remain in effect through October 1, 2008:
Provided further, That not less than 10 percent of the
aggregate loan, guarantee, and insurance authority available to
the Export-Import Bank under this Act should be used for
renewable energy and environmentally beneficial products and
services.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and
tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, $68,000,000, to remain
available until September 30, 2011: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall remain available until
September 30, 2026, for the disbursement of direct loans, loan
guarantees, insurance and tied-aid grants obligated in fiscal
years 2008, 2009, 2010, and 2011: Provided further, That none
of the funds appropriated by this Act or any prior Act
appropriating funds for foreign operations, export financing,
and related programs for tied-aid credits or grants may be used
for any other purpose except through the regular notification
procedures of the Committees on Appropriations: Provided
further, That funds appropriated by this paragraph are made
available notwithstanding section 2(b)(2) of the Export-Import
Bank Act of 1945, in connection with the purchase or lease of
any product by any Eastern European country, any Baltic State
or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
$78,000,000: Provided, That the Export-Import Bank may accept,
and use, payment or services provided by transaction
participants for legal, financial, or technical services in
connection with any transaction for which an application for a
loan, guarantee or insurance commitment has been made: Provided
further, That notwithstanding subsection (b) of section 117 of
the Export Enhancement Act of 1992, subsection (a) thereof
shall remain in effect until October 1, 2008.
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act of
1945, as amended, and the Federal Credit Reform Act of 1990, as
amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2008 in
excess of obligations, up to $50,000,000, shall become
available October 1, 2008 and shall remain available until
September 30, 2011.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to
make, without regard to fiscal year limitations, as provided by
31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $47,500,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $23,500,000, 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 2008, 2009, and 2010: Provided further,
That funds so obligated in fiscal year 2008 remain available
for disbursement through 2016; funds obligated in fiscal year
2009 remain available for disbursement through 2017; funds
obligated in fiscal year 2010 remain available for disbursement
through 2018: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation
is authorized to undertake any program authorized by title IV
of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of
the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private
Investment Corporation Noncredit Account and merged with said
account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $50,400,000, to
remain available until September 30, 2009.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2008,
unless otherwise specified herein, as follows:
GLOBAL HEALTH 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, $1,843,150,000, to
remain available until September 30, 2009, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be
made available for such activities as: (1) child survival and
maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected
by AIDS; and (6) family planning/reproductive health: Provided
further, 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 $350,000, in
addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of child survival,
maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the
funds appropriated under this paragraph the following amounts
should be allocated as follows: $450,150,000 for child survival
and maternal health; $15,000,000 for vulnerable children;
$350,000,000 for HIV/AIDS; $633,000,000 for other infectious
diseases, including $153,000,000 for tuberculosis control, of
which $15,000,000 shall be used for the Global TB Drug
Facility; and $395,000,000 for family planning/reproductive
health, including in areas where population growth threatens
biodiversity or endangered species: Provided further, That of
the funds appropriated under this paragraph, $72,500,000 should
be made available for a United States contribution to The GAVI
Fund, and up to $6,000,000 may be transferred to and merged
with funds appropriated by this Act under the heading
``Operating Expenses of the United States Agency for
International Development'' for costs directly related to
global health, but funds made available for such costs may not
be derived from amounts made available for contribution under
this and preceding provisos: Provided further, That of the
funds appropriated under this paragraph, $115,000,000 shall be
made available to combat avian influenza, of which $15,000,000
shall be made available, notwithstanding any other provision of
law except section 551 of Public Law 109-102, to enhance the
preparedness of militaries in Asia and Africa to respond to an
avian influenza pandemic, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That none of the funds made available in this Act nor
any unobligated balances from prior appropriations may be made
available to any organization or program which, as determined
by the President of the United States, supports or participates
in the management of a program of coercive abortion or
involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no
later than six months after the date of enactment of this Act,
and must be accompanied by a comprehensive analysis as well as
the complete evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for foreign operations, export financing,
and related programs, the term ``motivate'', as it relates to
family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided further, That
to the maximum extent feasible, taking into consideration cost,
timely availability, and best health practices, funds
appropriated in this Act or prior appropriations Acts that are
made available for condom procurement shall be made available
only for the procurement of condoms manufactured in the United
States: Provided further, That information provided about the
use of condoms as part of projects or activities that are
funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and
failure rates of such use: Provided further, That of the amount
provided by this paragraph, $115,000,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
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, $4,700,000,000, 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,
$550,000,000 shall be made available, notwithstanding any other
provision of law, except for the United States Leadership
Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public
Law 108-25) for a United States contribution to the Global Fund
to Fight AIDS, Tuberculosis and Malaria, and shall be expended
at the minimum rate necessary to make timely payment for
projects and activities: Provided further, That up to 5 percent
of the aggregate amount of funds made available to the Global
Fund in fiscal year 2008 may be made available to the 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 $13,000,000 may be made available, in addition
to amounts otherwise available for such purposes, for
administrative expenses of the Office of the Global AIDS
Coordinator: Provided further, That 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,
$1,636,881,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading
that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed
$43,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That $400,000,000 should be
allocated for basic education: Provided further, That of the
funds appropriated by this Act, not less than $245,000,000
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 $28,000,000 shall be made available for Collaborative
Research Support Programs: Provided further, That of the funds
appropriated under this heading, $750,000 shall be made
available to implement 7 U.S.C. section 1736g-2(a)(2)(C) to
improve food aid product quality and nutrient delivery:
Provided further, That of the funds appropriated under this
heading, not less than $22,500,000 shall be made available for
the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading,
$12,000,000 should be made available for cooperative
development programs within the Office of Private and Voluntary
Cooperation: Provided further, That funds appropriated under
this heading should be made available for programs to address
sexual and gender-based violence: Provided further, That of the
funds appropriated in this Act, not less than $300,000,000
shall be made available for safe drinking water and sanitation
supply projects, including water management related to safe
drinking water and sanitation, only to implement the Senator
Paul Simon Water for the Poor Act of 2005 (Public Law 109-121),
of which not less than $125,000,000 should be made available
for such projects in Africa: Provided further, That of the
funds appropriated under this heading, not less than
$15,000,000 shall be made available for programs to improve
women's leadership capacity in recipient countries, and
$10,000,000 may be made available to support a fund that
enhances economic opportunities for very poor, poor, and low-
income women in developing countries.
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,
$432,350,000, to remain available until expended, of which
$20,000,000 should be for famine prevention and relief:
Provided further, That of the amount provided by this
paragraph, $110,000,000 is designated as described in section 5
(in the matter preceding division A of this consolidated Act).
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $45,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important
to the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $21,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Eastern Europe and the
Baltic States'': Provided, That such funds shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of the Act: Provided further, That such costs, including the
cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That funds made available by this
paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used
for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for
International Development, $8,160,000, which may be transferred
to and merged with the appropriation for Operating Expenses of
the United States Agency for International Development:
Provided, That funds made available under this heading shall
remain available until September 30, 2010.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $655,800,000, of
which up to $25,000,000 may remain available until September
30, 2009: Provided, That none of the funds appropriated under
this heading and under the heading ``Capital Investment Fund''
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term
lease of offices for use by the United States Agency for
International Development, unless the Administrator has
identified such proposed construction (including architect and
engineering services), purchase, or long-term lease of offices
in a report submitted to the Committees on Appropriations at
least 15 days prior to the obligation of these funds for such
purposes: Provided further, That the previous proviso shall not
apply where the total cost of construction (including architect
and engineering services), purchase, or long-term lease of
offices does not exceed $1,000,000: Provided further, That
contracts or agreements entered into with funds appropriated
under this heading may entail commitments for the expenditure
of such funds through fiscal year 2009: Provided further, That
any decision to open a new overseas mission or office of the
United States Agency for International Development or, except
where there is a substantial security risk to mission
personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the authority of
sections 610 and 109 of the Foreign Assistance Act of 1961 may
be exercised by the Secretary of State to transfer funds
appropriated to carry out chapter 1 of part I of such Act to
``Operating Expenses of the United States Agency for
International Development'' in accordance with the provisions
of those sections: Provided further, That of the amount
provided by this paragraph, $20,800,000 is designated as
described in section 5 (in the matter preceding division A of
this consolidated Act).
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, $88,000,000, 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, $38,000,000, to
remain available until September 30, 2009, which sum shall be
available for the Office of the Inspector General of the United
States Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$2,994,823,000, to remain available until September 30, 2009:
Provided, That of the funds appropriated under this heading,
not less than $415,000,000 shall be available only for Egypt,
which sum shall be provided on a grant basis, and of which sum
cash transfer assistance shall be provided with the
understanding that Egypt will undertake significant economic
and democratic reforms which are additional to those which were
undertaken in previous fiscal years: Provided further, That
with respect to the provision of assistance for Egypt for
democracy, human rights and governance activities, the
organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the Government of Egypt: Provided further, That of
the funds appropriated under this heading for assistance for
Egypt, not less than $135,000,000 shall be made available for
project assistance, of which not less than $20,000,000 shall be
made available for democracy, human rights and governance
programs and not less than $50,000,000 shall be used for
education programs, of which not less than $10,000,000 should
be made available for scholarships for Egyptian students with
high financial need to attend United States accredited
institutions of higher education in Egypt: Provided further,
That $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 of the funds appropriated under
this heading, not less than $363,547,000 shall be made
available only for assistance for Jordan: Provided further,
That of the funds appropriated under this heading that are made
available for assistance for Jordan, up to $40,000,000 may be
transferred to, and merged with, funds appropriated by this Act
under the heading ``Debt Restructuring'' for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of reducing or cancelling amounts owed to the United States or
any agency of the United States by the Hashemite Kingdom of
Jordan: Provided further, That of the funds appropriated under
this heading not more than $218,500,000 may be made available
for assistance for the West Bank and Gaza, of which not to
exceed $2,000,000 may be used for administrative expenses of
the United States Agency for International Development, in
addition to funds otherwise available for such purposes, to
carry out programs in the West Bank and Gaza: Provided further,
That if the President exercises the waiver authority under
section 650 of this Act, of the funds made available under this
heading for assistance to the Palestinian Authority, not more
than $100,000,000 of the funds made available under this
heading for cash transfer assistance to the Palestinian
Authority may be obligated for such assistance until the
Secretary of State certifies and reports to the Committees on
Appropriations that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing
and all financing mechanisms flow through this account, has
eliminated all parallel financing mechanisms outside of the
Palestinian Authority treasury account, and has established a
single comprehensive civil service roster and payroll: Provided
further, That none of the funds appropriated under this heading
for cash transfer assistance to the Palestinian Authority may
be obligated for salaries of personnel of the Palestinian
Authority located in Gaza: Provided further, That none of the
funds appropriated under this heading for cash transfer
assistance to the Palestinian Authority may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas or any power-sharing government with Hamas
unless Hamas has accepted the principles contained in section
620K(b)(1)(A) and (B) of the Foreign Assistance Act of 1961, as
amended: Provided further, That the Secretary of State shall
ensure that Federal or non-Federal audits of all funds
appropriated under this heading for cash transfer assistance to
the Palestinian Authority are conducted on at least an annual
basis to ensure compliance with this Act, and such audit shall
include a detailed accounting of all programs, projects, and
activities carried out using such funds, including both
obligations and expenditures, and that the audit is compliant
with generally accepted accounting standards: Provided further,
That funds made available under this heading for cash transfer
assistance to the Palestinian Authority shall be subject to the
regular notification procedures of the Committees on
Appropriations: Provided further, That $45,000,000 of the funds
appropriated under this heading shall be made available for
assistance for Lebanon, of which not less than $10,000,000
should be made available for scholarships and direct support of
American educational institutions in Lebanon: Provided further,
That not more than $300,000,000 of the funds made available for
assistance for Afghanistan under this heading may be obligated
for such assistance until the Secretary of State certifies to
the Committees on Appropriations that the Government of
Afghanistan at both the national and provincial level is
cooperating fully with United States funded poppy eradication
and interdiction efforts in Afghanistan: Provided further, That
the President may waive the previous proviso if he determines
and reports to the Committees on Appropriations that to do so
is vital to the national security interests of the United
States: Provided further, That such report shall include an
analysis of the steps being taken by the Government of
Afghanistan, at the national and provincial level, to cooperate
fully with United States funded poppy eradication and
interdiction efforts in Afghanistan: Provided further, That of
the funds appropriated under this heading, $196,000,000 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 under the heading ``Development Assistance'' to
continue programs administered by USAID: Provided further, That
with respect to funds apportioned to USAID for programs in
Colombia under this heading, 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 Administrator of USAID in consultation with the Assistant
Secretary of State for International Narcotics and Law
Enforcement Affairs: Provided further, That of the funds
appropriated under this heading that are available for
assistance for the Democratic Republic of Timor-Leste, up to
$1,000,000 may be available for administrative expenses of the
United States Agency for International Development in addition
to amounts otherwise made available for such purposes: Provided
further, That notwithstanding any other provision of law, funds
appropriated under this heading may be made available for
programs and activities for the Central Highlands of Vietnam:
Provided further, That notwithstanding any other provision of
law, of the funds appropriated under this heading, up to
$53,000,000 may be made available for energy-related assistance
for North Korea, subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That
funds appropriated under this heading that are made available
for a Middle East Financing Facility, Middle East Enterprise
Fund, or any other similar entity in the Middle East shall be
subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the
amount provided by this paragraph, $542,568,000 is designated
as described in section 5 (in the matter preceding division A
of this consolidated Act).
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961,
$15,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2009.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 and the Support for East
European Democracy (SEED) Act of 1989, $295,950,000, to remain
available until September 30, 2009, which shall be available,
notwithstanding any other provision of law, for assistance and
for related programs for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative
authorities contained in that Act for the use of economic
assistance.
(c) The provisions of section 628 of this Act shall apply to
funds appropriated under this heading: Provided, That
notwithstanding any provision of this or any other Act,
including provisions in this subsection regarding the
application of section 628 of this Act, local currencies
generated by, or converted from, funds appropriated by this Act
and by previous appropriations Acts and made available for the
economic revitalization program in Bosnia may be used in
Eastern Europe and the Baltic States to carry out the
provisions of the Foreign Assistance Act of 1961 and the
Support for East European Democracy SEED Act of 1989.
(d) The President is authorized to withhold funds
appropriated under this heading made available for economic
revitalization programs in Bosnia and Herzegovina, if he
determines and certifies to the Committees on Appropriations
that the Federation of Bosnia and Herzegovina has not complied
with article III of annex 1-A of the General Framework
Agreement for Peace in Bosnia and Herzegovina concerning the
withdrawal of foreign forces, and that intelligence cooperation
on training, investigations, and related activities between
state sponsors of terrorism and terrorist organizations and
Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
For necessary expenses to carry out the provisions of
chapters 11 and 12 of part I of the Foreign Assistance Act of
1961 and the FREEDOM Support Act, for assistance for the
Independent States of the former Soviet Union and for related
programs, $399,735,000, to remain available until September 30,
2009: Provided, That the provisions of such chapters shall
apply to funds appropriated by this paragraph: Provided
further, That funds made available for the Southern Caucasus
region may be used, notwithstanding any other provision of law,
for confidence-building measures and other activities in
furtherance of the peaceful resolution of regional conflicts,
especially those in the vicinity of Abkhazia and Nagorno-
Karabagh: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading in this
Act or prior Acts making appropriations for foreign operations,
export financing, and related programs, that are made available
pursuant to the provisions of section 807 of Public Law 102-511
shall be subject to a 6 percent ceiling on administrative
expenses.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $21,000,000,
to remain available until September 30, 2009.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980,
Public Law 96-533, $30,000,000, to remain available until
September 30, 2009: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, (1) in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and (2) a project may exceed the
limitation by up to $10,000 if the increase is due solely to
foreign currency fluctuation: Provided further, That the
Foundation shall provide a report to the Committees on
Appropriations after each time such waiver authority is
exercised.
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not
to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $333,500,000, to
remain available until September 30, 2009: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That the Director may
transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed
$2,000,000: Provided further, That funds transferred pursuant
to the previous proviso may not be derived from amounts made
available for Peace Corps overseas operations.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $1,557,000,000, to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $88,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation: Provided further, That up to 10 percent
of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the
Millennium Challenge Act of 2003 for candidate countries for
fiscal year 2008: Provided further, That none of the funds
available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Millennium
Challenge Corporation provides a report to the Committees on
Appropriations listing the candidate countries that will be
receiving assistance under section 616 of such Act, the level
of assistance proposed for each such country, a description of
the proposed programs, projects and activities, and the
implementing agency or agencies of the United States
Government: Provided further, That section 605(e)(4) of the
Millennium Challenge Act of 2003 shall apply to funds
appropriated under this heading: Provided further, That funds
appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section
609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate subject
to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the
United States Government funding anticipated for the duration
of the Compact.
Department of State
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961 for the promotion of democracy
globally, $164,000,000, of which the following amounts shall be
made available, subject to the regular notification procedures
of the Committees on Appropriations, until September 30, 2010--
(1) $64,000,000 for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and
Labor, Department of State, of which $15,000,000 shall
be for democracy and rule of law programs in the
People's Republic of China, Hong Kong, and Taiwan:
Provided, That assistance for Taiwan should be matched
from sources other than the United States Government:
Provided further, That $5,000,000 shall be made
available for programs and activities for the promotion
of democracy in countries located outside the Middle
East region with a significant Muslim population, and
where such programs and activities would be important
to United States efforts to respond to, deter, or
prevent acts of international terrorism: Provided
further, That funds used for such purposes should
support new initiatives and activities in those
countries: Provided further, That $15,000,000 shall be
made available for an internet freedom initiative to
expand access and information in closed societies,
including in the Middle East and Asia: Provided
further, That the Department of State shall consult
with the Committees on Appropriations prior to the
initial obligation of funds made available pursuant to
the previous proviso; and
(2) $100,000,000 for the National Endowment for
Democracy: Provided, That of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Eastern
Europe and the Baltic States'', and ``Assistance for
the Independent States of the Former Soviet Union'', an
additional $11,000,000 should be made available to
support the ongoing programs and activities of the
National Endowment for Democracy.
(b) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law and, with regard to
the National Endowment for Democracy, any regulation. Funds
appropriated under this heading are in addition to funds
otherwise available for such purposes.
(c) 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.
(d) Any contract, grant or cooperative agreement (or any
amendment to any contract, grant, or cooperative agreement) in
excess of $2,500,000 for the promotion of democracy under this
Act shall be subject to the regular notification procedures of
the Committees on Appropriations.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $558,449,000, to remain
available until September 30, 2010: Provided, That during
fiscal year 2008, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country under chapter 8 of part I
of that Act subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the
Secretary of State shall provide to the Committees on
Appropriations not later than 45 days after the date of the
enactment of this Act and prior to the initial obligation of
funds appropriated under this heading, a report on the proposed
uses of all funds under this heading on a country-by-country
basis for each proposed program, project, or activity: Provided
further, That none of the funds provided under this heading for
counter narcotics activities in Afghanistan shall be made
available for eradication programs through the aerial spraying
of herbicides: Provided further, That of the funds appropriated
under this heading, not less than $39,750,000 shall be made
available for judicial, human rights, rule of law and related
activities for Colombia, of which not less than $20,000,000
shall be made available for the Office of the Attorney General,
of which $5,000,000 shall be for the Human Rights Unit,
$5,000,000 shall be for the Justice and Peace Unit, $7,000,000
shall be used to support a witness protection program for
victims of armed groups, and $3,000,000 shall be for
investigations of mass graves and identification of remains:
Provided further, That of the funds appropriated under this
heading that are available for assistance for Colombia,
$8,000,000 shall be available for human rights activities,
$5,500,000 shall be available for judicial reform, $3,000,000
shall be for the Office of the Procuraduria General de la
Nacion, $2,000,000 shall be for the Office of the Defensoria
del Pueblo, and $750,000 should be made available for a United
States contribution to the Office of the United Nations High
Commissioner for Human Rights in Colombia to support monitoring
and public reporting of human rights conditions in the field:
Provided further, That of the funds appropriated under this
heading, not more than $38,000,000 may be available for
administrative expenses.
ANDEAN COUNTERDRUG PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
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, $327,460,000,
to remain available until September 30, 2010: Provided, That
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development,
shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and
prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading
that is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961 shall be made available subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available to
the Department of State for assistance to 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 to take actions to protect
human health and welfare in emergency circumstances, including
undertaking rescue operations: Provided further, That this
authority shall cease to be effective if the Secretary of State
has credible evidence that the Colombian Armed Forces are not
conducting vigorous operations to restore government authority
and respect for human rights in areas under the effective
control of paramilitary organizations, illegal self-defense
groups, illegal security cooperatives, or other criminal,
guerrilla or successor armed groups or organizations: Provided
further, That the President shall ensure that if any helicopter
procured with funds in this Act or prior Acts making
appropriations for foreign operations, export financing, and
related programs, is used to aid or abet the operations of any
illegal self-defense group, paramilitary organization, illegal
security cooperative or successor organizations in Colombia,
such helicopter shall be immediately returned to the United
States: Provided further, That no United States Armed Forces
personnel or United States civilian contractor employed by the
United States will participate in any combat operation in
connection with assistance made available by this Act for
Colombia: Provided further, That rotary and fixed wing aircraft
supported with funds appropriated under this heading 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 Attorney General, the Procuraduria General de la Nacion,
and the Defensoria del Pueblo: Provided further, That of the
funds appropriated under this heading that are available for
Colombia, up to $2,500,000 shall be transferred to, and merged
with, funds appropriated under the heading ``Foreign Military
Financing Program'' and shall be made available only for
assistance for the Colombian Armed Forces to provide security
for manual eradication programs and up to $2,500,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``International Narcotics Control and Law Enforcement''
and shall be made available only for assistance for the
Colombian National Police to provide security for manual
eradication programs: 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 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
twelve month period prior to the date of enactment of this Act:
Provided further, That such funds may not be made available for
such purposes unless programs are being implemented by United
States Agency for International Development, the Government of
Colombia, or other organizations, in consultation and
coordination with local communities, to provide alternative
sources of income in 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 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: Provided further, That funds
appropriated under this heading that are made available for
assistance for the Bolivian military and police may be made
available for such purposes only if the Secretary of State
certifies to the Committees on Appropriations that the Bolivian
military and police are respecting human rights and cooperating
fully with investigations and prosecutions by civilian judicial
authorities of military and police personnel who have been
implicated in gross violations of human rights: Provided
further, That of the funds appropriated under this heading, not
more than $17,000,000 may be available for administrative
expenses of the Department of State, and not more than
$7,800,000 may be available, in addition to amounts otherwise
available for such purposes, for administrative expenses of the
United States Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable
the Secretary of State to provide, as authorized by law, a
contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $1,029,900,000, to remain
available until expended: Provided, That not more than
$23,000,000 may be available for administrative expenses:
Provided further, That not less than $40,000,000 of the funds
made available under this heading shall be made available for
refugees resettling in Israel: Provided further, That funds
made available under this heading shall be made available for
assistance for refugees from North Korea: Provided further,
That of the amount provided by this paragraph, $200,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $45,000,000, to remain available
until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $487,000,000, 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 $34,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That of the funds
appropriated under this heading, not less than $26,000,000
shall be made available for the Biosecurity Engagement Program:
Provided further, That funds appropriated under this heading
may be made available for the International Atomic Energy
Agency only if the Secretary of State determines (and so
reports to the Congress) that Israel is not being denied its
right to participate in the activities of that Agency: Provided
further, That of the funds made available for demining and
related activities, not to exceed $700,000, in addition to
funds otherwise available for such purposes, may be used for
administrative expenses related to the operation and management
of the demining program: Provided further, That funds
appropriated under this heading that are available for ``Anti-
terrorism Assistance'' and ``Export Control and Border
Security'' shall remain available until September 30, 2009.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $20,400,000, to
remain available until September 30, 2010, which shall be
available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional
Budget Act of 1974, of modifying loans and loan guarantees, as
the President may determine, for which funds have been
appropriated or otherwise made available for programs within
the International Affairs Budget Function 150, including the
cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $30,300,000, to remain available until September
30, 2010: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall inform the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not to
accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their commitment
to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE IV
MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $85,877,000, of
which up to $3,000,000 may remain available until expended:
Provided, That funds appropriated under this heading shall not
be available for Equatorial Guinea: Provided further, That the
civilian personnel for whom military education and training may
be provided under this heading may include civilians who are
not members of a government whose participation would
contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That funds appropriated under this heading that are
made available for assistance for Angola, Cameroon, Central
African Republic, Chad, Cote d'Ivoire, Guinea, Libya, and Nepal
may be made available only for expanded international military
education and training: Provided further, That funds made
available under this heading in the second proviso and for
assistance for Haiti, Guatemala, the Democratic Republic of the
Congo, Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, and
Nigeria may only be provided through the regular notification
procedures of the Committees on Appropriations 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, $4,588,325,000: Provided, That of the funds
appropriated under this heading, not less than $2,400,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt: Provided further, That the funds appropriated by this
paragraph for Israel shall be disbursed within 30 days of the
enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by Israel and the United States, be
available for advanced weapons systems, of which not less than
$631,200,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $300,000,000 shall be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, not more than
$53,000,000 shall be available for Colombia, of which
$5,000,000 should be made available for medical and
rehabilitation assistance, removal of landmines, and to enhance
communications capabilities: Provided further, That of the
funds appropriated under this heading, $3,655,000 may be made
available for assistance for Morocco, and an additional
$1,000,000 may be made available if the Secretary of State
certifies to the Committees on Appropriations that the
Government of Morocco is continuing to make progress on human
rights, and is allowing all persons to advocate freely their
views regarding the status and future of the Western Sahara
through the exercise of their rights to peaceful expression,
association and assembly and to document violations of human
rights in that territory without harassment: Provided further,
That funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a):
Provided further, That $4,000,000 of the funds appropriated
under this heading shall be transferred to and merged with
funds appropriated under the heading ``Diplomatic and Consular
Programs'' 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 countries where such monitoring is most needed, in
addition to amounts otherwise available for such purposes.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 615 of this Act: Provided further, That none of the
funds appropriated under this heading shall be available for
assistance for Sudan: Provided further, That none of the funds
appropriated under this heading may be made available for
assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan,
Bangladesh, Philippines, Indonesia, Bosnia and Herzegovina,
Ethiopia, and Democratic Republic of the Congo except pursuant
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds made available
under this heading may be used, notwithstanding any other
provision of law, for demining, the clearance of unexploded
ordnance, and related activities, and may include activities
implemented through nongovernmental and international
organizations: Provided further, That only those countries for
which assistance was justified for the ``Foreign Military Sales
Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds
made available under this heading for procurement of defense
articles, defense services or design and construction services
that are not sold by the United States Government under the
Arms Export Control Act: Provided further, That funds
appropriated under this heading shall be expended at the
minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$41,900,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales: Provided further, That not more
than $395,000,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal
year 2008 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on
Appropriations: Provided further, That foreign military
financing program funds estimated to be outlayed for Egypt
during fiscal year 2008 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: Provided further,
That of the amount provided by this paragraph, $100,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $263,230,000:
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: Provided further, That of
the amount provided by this paragraph, $35,000,000 is
designated as described in section 5 (in the matter preceding
division A of this consolidated Act).
TITLE V
MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment
Facility, $81,763,000 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.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $950,000,000, to remain
available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $75,153,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury, $2,037,000, for the United States paid-in
share of the increase in capital stock, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation for the callable
capital portion of the United States share of such capital
stock in an amount not to exceed $31,918,770.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $135,684,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction and
Development by the Secretary of the Treasury, $10,159 for the
United States share of the paid-in portion of the increase in
capital stock, to remain available until expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $18,072,000, to remain available
until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of
1973, $319,485,000.
TITLE VI
GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL
FINANCIAL INSTITUTIONS
Sec. 601. (a) No funds appropriated in titles II through V 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 North American Development
Bank, and the European Bank for Reconstruction and Development.
RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS
Sec. 602. None of the funds appropriated or otherwise made
available under any title of this Act may be made available to
make any assessed contribution or voluntary payment of the
United States to the United Nations if the United Nations
implements or imposes any taxation on any United States
persons.
LIMITATION ON RESIDENCE EXPENSES
Sec. 603. Of the funds appropriated or made available
pursuant to title III of this Act, not to exceed $100,500 shall
be for official residence expenses of the United States Agency
for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
UNOBLIGATED BALANCES REPORT
Sec. 604. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting of cumulative balances by program, project, and
activity of the funds received by such Department or Agency in
this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
Sec. 605. Of the funds appropriated or made available
pursuant to titles II through V of this Act, not to exceed
$250,000 shall be available for representation and
entertainment allowances, of which not to exceed $4,000 shall
be available for entertainment allowances, for the United
States Agency for International Development during the current
fiscal year: Provided, That no such entertainment funds may be
used for the purposes listed in section 648 of this Act:
Provided further, That appropriate steps shall be taken to
assure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars:
Provided further, That of the funds made available by this Act
for general costs of administering military assistance and
sales under the heading ``Foreign Military Financing Program'',
not to exceed $4,000 shall be available for entertainment
expenses and not to exceed $130,000 shall be available for
representation allowances: Provided further, That of the funds
made available by this Act under the heading ``International
Military Education and Training'', not to exceed $55,000 shall
be available for entertainment allowances: Provided further,
That of the funds made available by this Act for the Inter-
American Foundation, not to exceed $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 a total of $4,000 shall be available
for entertainment expenses: Provided further, That of the funds
made available by this Act under the heading ``Trade and
Development Agency'', not to exceed $4,000 shall be available
for representation and entertainment allowances: Provided
further, That of the funds made available by this Act under the
heading ``Millennium Challenge Corporation'', not to exceed
$115,000 shall be available for representation and
entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 606. (a) Prohibition on Taxation.--None of the funds
appropriated under titles II through V of this Act may be made
available to provide assistance for a foreign country under a
new bilateral agreement governing the terms and conditions
under which such assistance is to be provided unless such
agreement includes a provision stating that assistance provided
by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with
this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to
200 percent of the total taxes assessed during fiscal year 2008
on funds appropriated by this Act by a foreign government or
entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2009 and allocated
for the central government of such country and for the West
Bank and Gaza Program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to
any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the policy of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
Sec. 607. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance directly any assistance or reparations to Cuba,
North Korea, Iran, or Syria: Provided, That for purposes of
this section, the prohibition on obligations or expenditures
shall include direct loans, credits, insurance and guarantees
of the Export-Import Bank or its agents.
MILITARY COUPS
Sec. 608. None of the funds appropriated or otherwise made
available pursuant to titles II through V of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government
is deposed by military coup or decree: Provided, That
assistance may be resumed to such government if the President
determines and certifies to the Committees on Appropriations
that subsequent to the termination of assistance a
democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public
participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the
Committees on Appropriations.
TRANSFER AUTHORITY
Sec. 609. (a) Department of State and Broadcasting Board of
Governors.--Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided, That not to exceed 5
percent of any appropriation made available for the current
fiscal year for the Broadcasting Board of Governors under title
I of this Act may be transferred between such appropriations,
but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any
such transfers: Provided further, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 615 (a) and (b) of this Act and shall not be available
for obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2008, for programs
under title II of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of the
funds made available under titles II through V of this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in
this Act, unless the President 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. 610. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
Sec. 611. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 661, section 667,
chapters 4, 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 Eastern
Europe and the Baltic States'' 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. 612. No part of any appropriation provided under titles
II through V in this Act shall be used to furnish assistance to
the government of any country which is in default during a
period in excess of one calendar year in payment to the United
States of principal or interest on any loan made to the
government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless
the President determines, following consultations with the
Committees on Appropriations, that assistance to such country
is in the national interest of the United States.
COMMERCE AND TRADE
Sec. 613. (a) None of the funds appropriated or made
available pursuant to titles II through V of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to benefit
American producers.
SURPLUS COMMODITIES
Sec. 614. The Secretary of the Treasury shall instruct the
United States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to titles II through V of this Act, for the production
or extraction of any commodity or mineral for export, if it is
in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity.
REPROGRAMMING NOTIFICATION REQUIREMENTS
Sec. 615. (a) None of the funds made available in 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 2008, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
agencies and departments funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds
that: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5)
closes or opens a mission or post; (6) reorganizes or renames
offices; (7) reorganizes programs or activities; or (8)
contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under previous
appropriations Acts to the agencies or department funded under
title I of this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies or department funded by title
I of this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming
of funds in excess of $750,000 or 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 approved by Congress; or (3) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through V of this Act for
``Global Health and Child Survival'', ``Development
Assistance'', ``International Organizations and Programs'',
``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Programs'',
``Assistance for Eastern Europe and the Baltic States'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Economic Support Fund'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Capital Investment Fund'',
``Operating Expenses of the United States Agency for
International Development'', ``Operating Expenses of the United
States Agency for International Development Office of Inspector
General'', ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'', ``Millennium Challenge Corporation'' (by
country only), ``Foreign Military Financing Program'',
``International Military Education and Training'', ``Peace
Corps'', and ``Migration and Refugee Assistance'', shall be
available for obligation for activities, programs, projects,
type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations of
both Houses of Congress are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this
subsection shall not apply to any reprogramming for an
activity, program, or project for which funds are appropriated
under titles III or IV of this Act of less than 10 percent of
the amount previously justified to the Congress for obligation
for such activity, program, or project for the current fiscal
year.
(d) The requirements of this section or any similar provision
of this Act or any other Act, including any prior Act requiring
notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human
health or welfare: Provided, That in case of any such waiver,
notification to the Congress, or the appropriate congressional
committees, shall be provided as early as practicable, but in
no event later than 3 days after taking the action to which
such notification requirement was applicable, in the context of
the circumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND
PROGRAMS
Sec. 616. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under
titles II through V of this Act or any previously enacted Act
making appropriations for foreign operations, export financing,
and related programs, which are returned or not made available
for organizations and programs because of the implementation of
section 307(a) of the Foreign Assistance Act of 1961, shall
remain available for obligation until September 30, 2009:
Provided, That section 307(a) of the Foreign Assistance Act of
1961 is amended by striking ``Libya,''.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
Sec. 617. (a) None of the funds appropriated under the
heading ``Assistance for the Independent States of the Former
Soviet Union'' shall be made available for assistance for a
government of an Independent State of the former Soviet Union
if that government directs any action in violation of the
territorial integrity or national sovereignty of any other
Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That
such funds may be made available without regard to the
restriction in this subsection if the President determines that
to do so is in the national security interest of the United
States.
(b) None of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' shall be made available for any state to enhance its
military capability: Provided, That this restriction does not
apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ``Assistance for the
Independent States of the Former Soviet Union'' for the Russian
Federation, Armenia, Kazakhstan, and Uzbekistan shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(d) Funds made available in this Act for assistance for the
Independent States of the former Soviet Union shall be subject
to the provisions of section 117 (relating to environment and
natural resources) of the Foreign Assistance Act of 1961.
(e)(1) Of the funds appropriated under the heading
``Assistance for the Independent States of the Former Soviet
Union'' that are allocated for assistance for the Government of
the Russian Federation, 60 percent shall be withheld from
obligation until the President determines and certifies in
writing to the Committees on Appropriations that the Government
of the Russian Federation--
(A) has terminated implementation of arrangements to
provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(f) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
Sec. 618. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
ALLOCATIONS
Sec. 619. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act) accompanying
this Act:
``Educational and Cultural Exchange Programs''.
``American Sections, International Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Economic Support Fund''.
``Assistance for Eastern Europe and the Baltic
States''.
``Assistance for the Independent States of the Former
Soviet Union''.
``Democracy Fund''.
``International Narcotics Control and Law
Enforcement''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-Terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``Peacekeeping Operations''.
``International Organizations and Programs''.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the explanatory statement described
in section 4 (in the matter preceding division A of this
consolidated Act) shall be subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
SPECIAL NOTIFICATION REQUIREMENTS
Sec. 620. None of the funds appropriated under titles II
through V of this Act shall be obligated or expended for
assistance for Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran,
Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except as
provided through the regular notification procedures of the
Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 621. For the purpose of titles II through V of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts 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. 622. 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 $461,000,000 shall be made available for
family planning/reproductive health.
AFGHANISTAN
Sec. 623. Of the funds appropriated under titles III and IV
of this Act, not less than $1,057,050,000 should be made
available for assistance for Afghanistan: Provided, That of the
funds made available pursuant to this section, $3,000,000
should be made available for reforestation activities: Provided
further, That funds made available pursuant to the previous
proviso should be matched, to the maximum extent possible, with
contributions from American and Afghan businesses: Provided
further, That of the funds allocated for assistance for
Afghanistan from this Act not less than $75,000,000 shall be
made available to support programs that directly address the
needs of Afghan women and girls, including for the Afghan
Independent Human Rights Commission, the Afghan Ministry of
Women's Affairs, and for women-led nonprofit organizations in
Afghanistan: Provided further, That of the funds appropriated
by this Act that are available for Afghanistan, $20,000,000
should be made available through United States universities to
develop agriculture extension services for Afghan farmers,
$2,000,000 should be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
Humanitarian Relief Fund, and not less than $10,000,000 should
be made available for continued support of the United States
Agency for International Development's Afghan Civilian
Assistance Program.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 624. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as are other committees pursuant to
subsection (f) of that section: Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
GLOBAL FUND MANAGEMENT
Sec. 625. (a) Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this Act
for a contribution to support the Global Fund to Fight AIDS,
Tuberculosis and Malaria (the ``Global Fund'') shall be
withheld from obligation to the Global Fund until the Secretary
of State certifies to the Committees on Appropriations that the
Global Fund--
(1) is releasing incremental disbursements only if
grantees demonstrate progress against clearly defined
performance indicators;
(2) is providing support and oversight to country-
level entities, such as country coordinating
mechanisms, principal recipients, and Local Fund Agents
(LFAs), to enable them to fulfill their mandates;
(3) has a full-time, professional, independent Office
of Inspector General that is fully operational;
(4) requires LFAs to assess whether a principal
recipient has the capacity to oversee the activities of
sub-recipients;
(5) is making progress toward implementing a
reporting system that breaks down grantee budget
allocations by programmatic activity;
(6) has adopted and is implementing a policy to
publish on a publicly available website the reports of
the Global Fund's Inspector General in a manner that is
consistent with the Policy for Disclosure of Reports of
the Inspector General as approved at the 16th Meeting
of the Board of the Global Fund to Fight AIDS,
Tuberculosis and Malaria; and
(7) is tracking and encouraging the involvement of
civil society, including faith-based organizations, in
country coordinating mechanisms and program
implementation.
(b) The Secretary of State shall submit a report to the
Committees on Appropriations not later than 120 days after
enactment of this Act on the involvement of faith-based
organizations in Global Fund programs. The report shall
include--
(1) on a country-by-country basis--
(A) a description of the amount of grants and
sub-grants provided to faith-based
organizations; and
(B) a detailed description of the involvement
of faith-based organizations in the Country
Coordinating Mechanism (CCM) process of the
Global Fund; and
(2) a description of actions the Global Fund is
taking to enhance the involvement of faith-based
organizations in the CCM process, particularly in
countries in which the involvement of faith-based
organizations has been underrepresented.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 626. (a) Funds appropriated for bilateral assistance
under any heading of this Act and funds appropriated under any
such heading in a provision of law enacted prior to the
enactment of this Act, shall not be made available to any
country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a)
to a country if the President determines that national security
or humanitarian reasons justify such waiver. The President
shall publish each waiver in the Federal Register and, at least
15 days before the waiver takes effect, shall notify the
Committees on Appropriations of the waiver (including the
justification for the waiver) in accordance with the regular
notification procedures of the Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
Sec. 627. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-
for-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for
International Development may place in interest bearing
accounts local currencies which accrue to that organization as
a result of economic assistance provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
SEPARATE ACCOUNTS
Sec. 628. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of the United
States Agency for International Development and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon
with the foreign government, local currencies deposited
in a separate account pursuant to subsection (a), or an
equivalent amount of local currencies, shall be used
only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II (as the case may be), for
such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--The United States
Agency for International Development shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which
remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of the
United States Agency for International Development
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government
of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject
sector assistance, that country shall be required to
maintain such funds in a separate account and not
commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the notification procedures of the
Committees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
Sec. 629. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles II through V of this
Act for Enterprise Funds shall be expended at the minimum rate
necessary to make timely payment for projects and activities.
FINANCIAL MARKET ASSISTANCE
Sec. 630. Of the funds appropriated by this Act under the
headings ``Trade and Development Agency'', ``Development
Assistance'', ``Transition Initiatives'', ``Economic Support
Fund'', ``International Affairs Technical Assistance'',
``Assistance for the Independent States of the Former Soviet
Union'', ``Nonproliferation, Anti-Terrorism, Demining and
Related Programs'', and ``Assistance for Eastern Europe and
Baltic States'', not less than $40,000,000 should be made
available for building capital markets and financial systems in
countries eligible to receive United States assistance.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 631. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for foreign operations, export financing, and related programs,
shall not be construed to prohibit activities authorized by or
conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act. The
agency shall promptly report to the Committees on
Appropriations whenever it is conducting activities or is
proposing to conduct activities in a country for which
assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
Sec. 632. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose
of inducing such an enterprise to relocate outside the
United States if such incentive or inducement is likely
to reduce the number of employees of such business
enterprise in the United States because United States
production is being replaced by such enterprise outside
the United States; or
(2) assistance for any program, project, or activity
that contributes to the violation of internationally
recognized workers rights, as defined in section 507(4)
of the Trade Act of 1974, of workers in the recipient
country, including any designated zone or area in that
country: Provided, That the application of section
507(4)(D) and (E) of such Act should be commensurate
with the level of development of the recipient country
and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
COMPREHENSIVE EXPENDITURES REPORT
Sec. 633. Not later than 180 days after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the total amount of
United States Government expenditures in fiscal years 2005 and
2006, by Federal agency, for programs and activities in each
foreign country, identifying the line item as presented in the
President's Budget Appendix and the purpose for which the funds
were provided: Provided, That if required, information may be
submitted in classified form.
SPECIAL AUTHORITIES
Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles II through V of this
Act that are made available for assistance for Afghanistan may
be made available notwithstanding section 612 of this Act or
any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles II and
III of this Act that are made available for Iraq, Lebanon,
Montenegro, Pakistan, and for victims of war, displaced
children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding any other
provision of law.
(b) Tropical Forestry and Biodiversity Conservation
Activities.--Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of part
II, of the Foreign Assistance Act of 1961 may be used,
notwithstanding any other provision of law, for the purpose of
supporting tropical forestry and biodiversity conservation
activities and energy programs aimed at reducing greenhouse gas
emissions: Provided, That such assistance shall be subject to
sections 116, 502B, and 620A of the Foreign Assistance Act of
1961.
(c) Personal Services Contractors.--Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part
II, and section 667 of the Foreign Assistance Act of 1961, and
title II of the Agricultural Trade Development and Assistance
Act of 1954, may be used by the United States Agency for
International Development to employ up to 25 personal services
contractors in the United States, notwithstanding any other
provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities
managed by the agency until permanent direct hire personnel are
hired and trained: Provided, That not more than 10 of such
contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of
the Agricultural Trade Development and Assistance Act of 1954,
may be made available only for personal services contractors
assigned to the Office of Food for Peace.
(d)(1) Waiver.--The President may waive the provisions of
section 1003 of Public Law 100-204 if the President determines
and certifies in writing to the Speaker of the House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United States.
(2) Period of Application of Waiver.--Any waiver pursuant to
paragraph (1) shall be effective for no more than a period of 6
months at a time and shall not apply beyond 12 months after the
enactment of this Act.
(e) Small Business.--In entering into multiple award
indefinite-quantity contracts with funds appropriated by this
Act, the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
(f) Vietnamese Refugees.--Section 594(a) of the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 118 Stat. 3038) is amended by striking ``2007'' and
inserting ``2009''.
(g) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(h) China Programs.--Notwithstanding any other provision of
law, of the funds appropriated under the heading ``Development
Assistance'' in this Act, not less than $10,000,000 shall be
made available to United States educational institutions and
nongovernmental organizations for programs and activities in
the People's Republic of China relating to the environment,
democracy, and the rule of law: Provided, That funds made
available pursuant to this authority shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(i) Middle East Foundation.--Funds appropriated by this Act
and prior Acts for a Middle East Foundation shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(j) Extension of Authority.--Section 1365(c) of the National
Defense Authorization Act for Fiscal Year 1993 (Public Law 102-
484; 22 U.S.C. 2778 note) is amended by striking ``During the
16 year period beginning on October 23, 1992'' and inserting
``During the 22 year period beginning on October 23, 1992''
before the period at the end.
(k) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2007'' and inserting ``2007, and 2008''; and
(B) in subsection (e), by striking ``2007''
each place it appears and inserting ``2008'';
and
(2) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2007'' and inserting
``2008''.
(l) 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.
(m) Capital Security Cost-Sharing.--Notwithstanding any other
provision of law, of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'', not less
than $2,000,000 shall be made available for the Capital
Security Cost-Sharing fees of the Library of Congress.
(n) 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,
``International Disaster Assistance'' may also mean
``International Disaster and Famine Assistance'': 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.
(o) 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.
(p) Prison Conditions.--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, may
be used to provide assistance to improve conditions in prison
facilities administered by foreign governments, including among
other things, activities to improve prison sanitation and
ensure the availability of adequate food, drinking water and
medical care for prisoners: Provided, That assistance made
available under this subsection may be made available
notwithstanding section 660 of the Foreign Assistance Act of
1961, and subject to the regular notification procedures of the
Committees on Appropriations.
(q) Program for Research and Training on Eastern Europe and
the Independent States of the Former Soviet Union.--Of the
funds appropriated by this Act under the heading, ``Economic
Support Fund'', not less than $5,000,000 shall be made
available to carry out the Program for Research and Training on
Eastern Europe and the Independent States of the Former Soviet
Union (title VIII) as authorized by the Soviet-Eastern European
Research and Training Act of 1983 (22 U.S.C. 4501-4508, as
amended).
(r) 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, 2007'' and inserting ``December 31,
2008''.
(s) Transatlantic Legislators' Dialogue Authority.--Section
109(c) of Public Law 98-164 is amended by striking ``$50,000''
and inserting ``$100,000''.
(t) OPIC Authority.--Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the
authority of subsections (a) through (c) of section 234 of such
Act shall remain in effect through April 1, 2008.
ARAB LEAGUE BOYCOTT OF ISRAEL
Sec. 635. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have
commercial ties with Israel, is an impediment to peace
in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize relations
with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually
on specific steps being taken by the United States to
encourage Arab League states to normalize their
relations with Israel to bring about the termination of
the Arab League boycott of Israel, including those to
encourage allies and trading partners of the United
States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses
that do comply.
ELIGIBILITY FOR ASSISTANCE
Sec. 636. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained under titles II through
V of this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance in
support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of
chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961, and from funds
appropriated under the heading ``Assistance for Eastern Europe
and the Baltic States'': Provided, That before using the
authority of this subsection to furnish assistance in support
of programs of nongovernmental organizations, the President
shall notify the Committees on Appropriations under the regular
notification procedures of those committees, including a
description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance:
Provided further, That nothing in this subsection shall be
construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any
other Act.
(b) Public Law 480.--During fiscal year 2008, restrictions
contained in this or any other Act with respect to assistance
for a country shall not be construed to restrict assistance
under the Agricultural Trade Development and Assistance Act of
1954: Provided, That none of the funds appropriated to carry
out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided
through the regular notification procedures of the Committees
on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to countries that support
international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of
law prohibiting assistance to the government of a
country that violates internationally recognized human
rights.
RESERVATIONS OF FUNDS
Sec. 637. (a) Funds appropriated under titles II through V of
this Act which are specifically designated may be reprogrammed
for other programs within the same account notwithstanding the
designation if compliance with the designation is made
impossible by operation of any provision of this or any other
Act: Provided, That any such reprogramming shall be subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is
reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection (a),
the original period of availability of funds appropriated by
this Act and administered by the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can
be obligated during the original period of availability:
Provided, That such designated funds that are continued
available for an additional fiscal year shall be obligated only
for the purpose of such designation.
(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. 638. (a) Funding Levels.--Of the funds appropriated by
this Act under the headings ``Global Health and Child
Survival'' and ``Development Assistance'', not less than the
amount of funds initially allocated for each such account
pursuant to subsection 653(a) of the Foreign Assistance Act of
1961 for fiscal year 2007 shall be made available for Cambodia,
Philippines, Vietnam, Asia and Near East Regional, and Regional
Development Mission/Asia: Provided, That for the purposes of
this subsection, ``Global Health and Child Survival'' shall
mean ``Child Survival and Health Programs Fund''.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct the
United States executive director to each appropriate
international financial institution in which the United
States participates, to oppose and vote against the
extension by such institution any loan or financial or
technical assistance or any other utilization of funds
of the respective bank to and for Burma.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$13,000,000 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
$3,000,000 shall be made available for community-based
organizations operating in Thailand to provide food,
medical and other humanitarian assistance to internally
displaced persons in eastern Burma: Provided further,
That funds made available under this paragraph shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director to each international
financial institution to use the voice and vote of the
United States to support projects in Tibet if such
projects do not provide incentives for the migration
and settlement of non-Tibetans into Tibet or facilitate
the transfer of ownership of Tibetan land and natural
resources to non-Tibetans; are based on a thorough
needs-assessment; foster self-sufficiency of the
Tibetan people and respect Tibetan culture and
traditions; and are subject to effective monitoring.
(2) Notwithstanding any other provision of law, not
less than $5,000,000 of the funds appropriated by this
Act under the heading ``Economic Support Fund'' should
be made available to nongovernmental organizations to
support activities which preserve cultural traditions
and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China, and not less than $250,000 should be made
available to the National Endowment for Democracy for
human rights and democracy programs relating to Tibet.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 639. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the
United States not authorized before the date of the enactment
of this Act by the Congress: 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. 640. None of the funds appropriated or made available
pursuant to titles II through V of this Act for carrying out
the Foreign Assistance Act of 1961, may be used to pay in whole
or in part any assessments, arrearages, or dues of any member
of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961, the costs for participation of another country's
delegation at international conferences held under the auspices
of multilateral or international organizations.
REQUESTS FOR DOCUMENTS
Sec. 641. None of the funds appropriated or made available
pursuant to titles II through V of this Act shall be available
to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file,
or record necessary to the auditing requirements of the United
States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL
MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
Sec. 642. (a) None of the funds appropriated or otherwise
made available by titles II through V of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined is a terrorist government for
purposes of section 6(j) of the Export Administration Act of
1979. The prohibition under this section with respect to a
foreign government shall terminate 12 months after that
government ceases to provide such military equipment. This
section applies with respect to lethal military equipment
provided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the President makes a determination pursuant to
subsection (b), the President shall submit to the appropriate
congressional committees a report with respect to the
furnishing of such assistance. Any such report shall include a
detailed explanation of the assistance to be provided,
including the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States
national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES
OWED BY FOREIGN COUNTRIES
Sec. 643. (a) Subject to subsection (c), of the funds
appropriated under titles II through V by this Act that are
made available for assistance for a foreign country, an amount
equal to 110 percent of the total amount of the unpaid fully
adjudicated parking fines and penalties and unpaid property
taxes owed by the central government of such country shall be
withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the Committees on Appropriations stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a)
may be made available for other programs or activities funded
by this Act, after consultation with and subject to the regular
notification procedures of the Committees on Appropriations,
provided that no such funds shall be made available for
assistance for the central government of a foreign country that
has not paid the total amount of the fully adjudicated parking
fines and penalties and unpaid property taxes owed by such
country.
(c) Subsection (a) shall not include amounts that have been
withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to parking fines and
penalties no sooner than 60 days from the date of enactment of
this Act, or at any time with respect to a particular country,
if the Secretary determines that it is in the national
interests of the United States to do so.
(2) The Secretary of State may waive the requirements set
forth in subsection (a) with respect to the unpaid property
taxes if the Secretary of State determines that it is in the
national interests of the United States to do so.
(e) Not later than 6 months after the initial exercise of the
waiver authority in subsection (d), the Secretary of State,
after consultations with the City of New York, shall submit a
report to the Committees on Appropriations describing a
strategy, including a timetable and steps currently being
taken, to collect the parking fines and penalties and unpaid
property taxes and interest owed by nations receiving foreign
assistance under this Act.
(f) In this section:
(1) The term ``fully adjudicated'' includes
circumstances in which the person to whom the vehicle
is registered--
(A)(i) has not responded to the parking
violation summons; or
(ii) has not followed the appropriate
adjudication procedure to challenge the
summons; and
(B) the period of time for payment of or
challenge to the summons has lapsed.
(2) The term ``parking fines and penalties'' means
parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997,
through September 30, 2007.
(3) The term ``unpaid property taxes'' means the
amount of unpaid taxes and interest determined to be
owed by a foreign country on real property in the
District of Columbia or New York, New York in a court
order or judgment entered against such country by a
court of the United States or any State or subdivision
thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
Sec. 644. None of the funds appropriated under titles II
through V of this Act may be obligated for assistance for the
Palestine Liberation Organization for the West Bank and Gaza
unless the President has exercised the authority under section
604(a) of the Middle East Peace Facilitation Act of 1995 (title
VI of Public Law 104-107) or any other legislation to suspend
or make inapplicable section 307 of the Foreign Assistance Act
of 1961 and that suspension is still in effect: Provided, That
if the President fails to make the certification under section
604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
to suspend the prohibition under other legislation, funds
appropriated by this Act may not be obligated for assistance
for the Palestine Liberation Organization for the West Bank and
Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 645. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia by
the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal
with such violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available for tribunals other
than Yugoslavia, Rwanda, or the Special Court for Sierra Leone
shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
LANDMINES AND CLUSTER MUNITIONS
Sec. 646. (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.--During the current fiscal year, no
military assistance shall be furnished for cluster munitions,
no defense export license for cluster munitions may be issued,
and no cluster munitions or cluster munitions technology shall
be sold or transferred, unless--
(1) the submunitions of the cluster munitions have a
99 percent or higher tested rate; and
(2) the agreement applicable to the assistance,
transfer, or sale of the cluster munitions or cluster
munitions technology specifies that the cluster
munitions will only be used against clearly defined
military targets and will not be used where civilians
are known to be present.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 647. None of the funds appropriated under titles II
through V of this Act may be obligated or expended to create in
any part of Jerusalem a new office of any department or agency
of the United States Government for the purpose of conducting
official United States Government business with the Palestinian
Authority over Gaza and Jericho or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles: Provided, That this restriction shall not apply to
the acquisition of additional space for the existing Consulate
General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of
the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United
States Government business with such authority should continue
to take place in locations other than Jerusalem. As has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects
with Palestinians (including those who now occupy positions in
the Palestinian Authority), have social contacts, and have
incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 648. None of the funds appropriated or otherwise made
available under titles III or IV of this Act under the heading
``International Military Education and Training'' or ``Foreign
Military Financing Program'' for Informational Program
activities or under the headings ``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.
COLOMBIA
Sec. 649. (a) Assistance for Colombia.--Of the funds
appropriated in titles III and IV of this Act, not more than
$545,608,000 shall be available for assistance for Colombia.
(b) Funding Amounts and Notification.--Funds appropriated by
this Act that are available for assistance for Colombia shall
be made available in the amounts indicated in the table in the
accompanying explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act) and
any proposed increases or decreases to the amounts contained in
such table shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c) Assistance for the Colombian Armed Forces.--
(1) Funding.--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 the Government of Colombia
is meeting the requirements described in
paragraph (2).
(2) Requirements.--The requirements referred to in
paragraph (1) are as follows:
(A) The Commander General of the Colombian
Armed Forces is suspending or placing on
administrative duty, if requested by the
prosecutor, those members of the Armed Forces,
of whatever rank, who, according to the
Minister of Defense, the Attorney General or
the Procuraduria General de la Nacion, have
been credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations or successor armed
groups.
(B) The Government of Colombia is
investigating and prosecuting, in the civilian
justice system, those members of the Colombian
Armed Forces, of whatever rank, who have been
credibly alleged to have committed gross
violations of human rights, including extra-
judicial killings, or to have aided or abetted
paramilitary organizations or successor armed
groups.
(C) The Colombian Armed Forces are
cooperating fully with civilian prosecutors and
judicial authorities in such cases (including
providing requested information, such as the
identity of persons suspended from the Armed
Forces and the nature and cause of the
suspension, and access to witnesses, relevant
military documents, and other requested
information).
(D) The Colombian Armed Forces have taken all
necessary steps to sever links (including
denying access to military intelligence,
vehicles, and other equipment or supplies, and
ceasing other forms of active or tacit
cooperation) at all levels, with paramilitary
organizations or successor armed groups,
especially in regions where such organizations
have a significant presence.
(E) The Government of Colombia is dismantling
paramilitary leadership and financial networks
by arresting and prosecuting under civilian
criminal law individuals who have provided
financial, planning, or logistical support, or
have otherwise aided or abetted paramilitary
organizations or successor armed groups; by
identifying and 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, promptly extraditing to the United
States members of successor armed groups.
(F) The Government of Colombia is ensuring
that the Colombian Armed Forces are not
violating the land and property rights of
Colombia's indigenous and Afro-Colombian
communities, and that the Colombian Armed
Forces are implementing procedures to
distinguish between civilians, including
displaced persons, and combatants in their
operations.
(3) The balance of such funds may be obligated after
July 31, 2008, if, before such date, the Secretary of
State consults with, and submits a written
certification to, the Committees on Appropriations that
the Colombian Armed Forces are continuing to meet the
requirements described in paragraph (2) and are
conducting vigorous operations to restore civilian
government authority and respect for human rights in
areas under the effective control of paramilitary
organizations or successor armed groups and guerrilla
organizations.
(4) 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'' 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 of the Department of State.
(5) Report.--At the time the Secretary of State
submits certifications pursuant to paragraphs (1)(B)
and (3) 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.
(d) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 90 days thereafter
until September 30, 2008, the Secretary of State shall consult
with Colombian and internationally recognized human rights
organizations regarding progress in meeting the requirements
contained in subsection (c)(2).
(e) Assistance for Demobilization and Disarmament of Former
Combatants in Colombia.--
(1) Availability of funds.--Of the funds appropriated
in this Act under the heading ``Economic Support
Fund'', up to $11,442,000 may be made available in
fiscal year 2008 for assistance for the disarmament,
demobilization, and reintegration of former members of
foreign terrorist organizations (FTOs) in Colombia, if
the Secretary of State consults with and makes a
certification described in paragraph (2) to the
Committees on Appropriations prior to the initial
obligation of amounts for such assistance for the
fiscal year involved.
(2) Certification.--A certification described in this
subsection is a certification that--
(A) assistance for the fiscal year will be
provided only for individuals who have: (i)
verifiably renounced and terminated any
affiliation or involvement with FTOs or other
illegal armed groups; (ii) are meeting all the
requirements of the Colombia demobilization
program, including having disclosed their
involvement in past crimes and their knowledge
of the FTO's structure, financing sources,
illegal assets, and the location of kidnapping
victims and bodies of the disappeared; and
(iii) are not involved in acts of intimidation
or violence;
(B) the Government of Colombia is providing
full cooperation to the Government of the
United States to extradite the leaders and
members of the FTOs who have been indicted in
the United States for murder, kidnapping,
narcotics trafficking, or other violations of
United States law, and is extraditing to the
United States those commanders, leaders and
members indicted in the United States who have
breached the terms of the Colombian
demobilization program, including by failing to
fully confess their crimes, failing to disclose
their illegal assets, or committing new crimes
since the approval of the Justice and Peace
Law;
(C) the Government of Colombia is not
knowingly taking any steps to legalize the
titles of land or other assets illegally
obtained and held by FTOs, their associates, or
successors, has established effective
procedures to identify such land and other
assets, and is seizing and returning such land
and other assets to their rightful occupants or
owners;
(D) the Government of Colombia is
implementing a concrete and workable framework
for dismantling the organizational structures
of foreign terrorist organizations; and
(E) funds shall not be made available as cash
payments to individuals and are available only
for activities under the following categories:
verification, reintegration (including training
and education), vetting, recovery of assets for
reparations for victims, and investigations and
prosecutions.
(f) Illegal Armed Groups.--
(1) Denial of visas to supporters of colombian
illegal armed groups.--Subject to paragraph (2), the
Secretary of State shall not issue a visa to any alien
who the Secretary determines, based on credible
evidence--
(A) has willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC),
the National Liberation Army (ELN), the United
Self-Defense Forces of Colombia (AUC), or
successor armed groups, including taking
actions or failing to take actions which allow,
facilitate, or otherwise foster the activities
of such groups; or
(B) has committed, ordered, incited,
assisted, or otherwise participated in the
commission of a gross violation of human
rights, including extra-judicial killings, in
Colombia.
(2) Waiver.--Paragraph (1) shall not apply if the
Secretary of State certifies to the Committees on
Appropriations, on a case-by-case basis, that the
issuance of a visa to the alien is necessary to support
the peace process in Colombia or for urgent
humanitarian reasons.
(g) Definitions.--In this section:
(1) Aided or abetted.--The term ``aided or abetted''
means to provide any support to paramilitary or
successor armed groups, including taking actions which
allow, facilitate, or otherwise foster the activities
of such groups.
(2) Paramilitary groups.--The term ``paramilitary
groups'' means illegal self-defense groups and illegal
security cooperatives, including those groups and
cooperatives that have formerly demobilized but
continue illegal operations, as well as parts thereof.
(3) Foreign terrorist organization.--The term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
Sec. 650. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be
obligated or expended with respect to providing funds to the
Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker
of the House of Representatives, the President pro tempore of
the Senate, and the Committees on Appropriations that waiving
such prohibition is important to the national security
interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) Report.--Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the
justification for the waiver, the purposes for which the funds
will be spent, and the accounting procedures in place to ensure
that the funds are properly disbursed. The report shall also
detail the steps the Palestinian Authority has taken to arrest
terrorists, confiscate weapons and dismantle the terrorist
infrastructure.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
Sec. 651. Chapter 1 of part III of the Foreign Assistance Act
of 1961 is amended by adding the following section:
``SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.
``(a) In General.--No assistance shall be furnished under
this Act or the Arms Export Control Act to any unit of the
security forces of a foreign country if the Secretary of State
has credible evidence that such unit has committed gross
violations of human rights.
``(b) Exception.--The prohibition in subsection (a) shall not
apply if the Secretary determines and reports to the Committee
on Foreign Relations of the Senate, the Committee on Foreign
Affairs of the House of Representatives, and the Committees on
Appropriations that the government of such country is taking
effective measures to bring the responsible members of the
security forces unit to justice.
``(c) Duty to Inform.--In the event that funds are withheld
from any unit pursuant to this section, the Secretary of State
shall promptly inform the foreign government of the basis for
such action and shall, to the maximum extent practicable,
assist the foreign government in taking effective measures to
bring the responsible members of the security forces to
justice.''.
FOREIGN MILITARY TRAINING REPORT
Sec. 652. The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations by the
date specified in that section.
AUTHORIZATION REQUIREMENT
Sec. 653. Funds appropriated by this Act, except funds
appropriated under the headings ``Trade and Development
Agency'' and ``Overseas Private Investment Corporation'', may
be obligated and expended notwithstanding section 10 of Public
Law 91-672 and section 15 of the State Department Basic
Authorities Act of 1956.
LIBYA
Sec. 654. (a) None of the funds appropriated or otherwise
made available by this Act shall be obligated or expended to
finance directly any assistance for Libya.
(b) The prohibition of subsection (a) shall no longer apply
if the Secretary of State certifies to the Committees on
Appropriations that the Government of Libya has made the final
settlement payments to the Pan Am 103 victims' families, paid
to the LaBelle Disco bombing victims 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.
PALESTINIAN STATEHOOD
Sec. 655. (a) Limitation on Assistance.--None of the funds
appropriated under titles II through V of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West
Bank and Gaza, including the dismantling of
terrorist infrastructures, and is cooperating
with appropriate Israeli and other appropriate
security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the
context of full and normal relationships, which should
include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgement of the
sovereignty, territorial integrity, and
political independence of every state in the
area through measures including the
establishment of demilitarized zones;
(C) their right to live in peace within
secure and recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity,
in order to help meet the requirements of subsection (a),
consistent with the provisions of section 650 of this Act
(``Limitation on Assistance to the Palestinian Authority'').
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 656. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
WEST BANK AND GAZA ASSISTANCE
Sec. 657. (a) Oversight.--For fiscal year 2008, 30 days prior
to the initial obligation of funds for the bilateral West Bank
and Gaza Program, the Secretary of State shall certify to the
Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United
States will have access to appropriate United States financial
information in order to review the uses of United States
assistance for the Program funded under the heading ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance for the West Bank and Gaza, the Secretary of State
shall take all appropriate steps to ensure that such assistance
is not provided to or through any individual, private or
government entity, or educational institution that the
Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity
nor, with respect to private entities or educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization. The Secretary of
State shall, as appropriate, establish procedures specifying
the steps to be taken in carrying out this subsection and shall
terminate assistance to any individual, entity, or educational
institution which she has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles II
through V of this Act for assistance under the West
Bank and Gaza Program may be made available for the
purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of
terrorism.
(2) Notwithstanding any other provision of law, none
of the funds made available by this or prior
appropriations act, including funds made available by
transfer, may be made available for obligation for
security assistance for the West Bank and Gaza until
the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or
non-Federal audits of all contractors and grantees, and
significant subcontractors and sub-grantees, under the
West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act up to
$500,000 may be used by the Office of the Inspector
General of the United States Agency for International
Development for audits, inspections, and other
activities in furtherance of the requirements of this
subsection. Such funds are in addition to funds
otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct
an audit and an investigation of the treatment, handling, and
uses of all funds for the bilateral West Bank and Gaza Program
in fiscal year 2008 under the heading ``Economic Support
Fund''. The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and
activities carried out under such Program, including
both obligations and expenditures.
(f) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of
chapter 2 of title II of Public Law 109-13.
WAR CRIMINALS
Sec. 658. (a)(1) None of the funds appropriated or otherwise
made available under titles II through V of this Act may be
made available for assistance, and the Secretary of the
Treasury shall instruct the United States Executive Director at
each international financial institution to vote against any
new project involving the extension by such institutions of any
financial or technical assistance, to any country, entity, or
municipality whose competent authorities have failed, as
determined by the Secretary of State, to take necessary and
significant steps to implement its international legal
obligations to apprehend and transfer to the International
Criminal Tribunal for the former Yugoslavia (the ``Tribunal'')
all persons in their territory who have been indicted by the
Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to
humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the
Secretary of State determines and reports to the appropriate
congressional committees that the competent authorities of such
country, entity, or municipality are--
(1) cooperating with the Tribunal, including access
for investigators to archives and witnesses, the
provision of documents, and the surrender and transfer
of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than 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. 659. 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.
CONTRIBUTION TO THE UNITED NATIONS POPULATION FUND
Sec. 660. (a) Limitations on Amount of Contribution.--Of the
amounts made available under ``International Organizations and
Programs'' and ``Global Health and Child Survival'' accounts
for fiscal year 2008, $40,000,000 shall be made available for
the United Nations Population Fund (UNFPA): Provided, That of
this amount, not less than $7,000,000 shall be derived from
funds appropriated under the heading ``International
Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated under the
heading ``International Organizations and Programs'' in this
Act that are available for UNFPA, that are not made available
for UNFPA because of the operation of any provision of law,
shall be transferred to the ``Global Health and Child
Survival'' account and shall be made available for family
planning, maternal, and reproductive health activities, subject
to the regular notification procedures of the Committees on
Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds
made available under this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Amounts made
available under this Act for UNFPA may not be made available to
UNFPA unless--
(1) UNFPA maintains amounts made available to UNFPA
under this section in an account separate from other
accounts of UNFPA;
(2) UNFPA does not commingle amounts made available
to UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of
Funds.--
(1) Not later than 4 months after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted
for a country program in the People's Republic of
China.
(2) If a report under paragraph (1) indicates that
the UNFPA plans to spend funds for a country program in
the People's Republic of China in the year covered by
the report, then the amount of such funds that the
UNFPA plans to spend in the People's Republic of China
shall be deducted from the funds made available to the
UNFPA after March 1 for obligation for the remainder of
the fiscal year in which the report is submitted.
(f) Nothing in this section shall be construed to limit the
authority of the President to deny funds to any organization by
reason of the application of another provision of this Act or
any other provision of law.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 661. (a) Authority.--Funds made available by title III
of this Act to carry out the provisions of chapter 1 of part I
and chapter 4 of part II of the Foreign Assistance Act of 1961,
may be used, notwithstanding section 660 of that Act, to
enhance the effectiveness and accountability of civilian police
authority through training and technical assistance in human
rights, the rule of law, strategic planning, and through
assistance to foster civilian police roles that support
democratic governance including assistance for programs to
prevent conflict, respond to disasters, address gender-based
violence, and foster improved police relations with the
communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
Sec. 662. (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. 663. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of
its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 percent of the price paid for such
debt by such eligible country, or the
difference between the price paid for such debt
and the face value of such debt, to support
activities that link conservation and
sustainable use of natural resources with local
community development, and child survival and
other child development, in a manner consistent
with sections 707 through 710 of the Foreign
Assistance Act of 1961, if the sale, reduction,
or cancellation would not contravene any term
or condition of any prior agreement relating to
such loan.
(2) Terms and conditions.--Notwithstanding any other
provision of law, the President shall, in accordance
with this section, establish the terms and conditions
under which loans may be sold, reduced, or canceled
pursuant to this section.
(3) Administration.--The Facility, as defined in
section 702(8) of the Foreign Assistance Act of 1961,
shall notify the administrator of the agency primarily
responsible for administering part I of the Foreign
Assistance Act of 1961 of purchasers that the President
has determined to be eligible, and shall direct such
agency to carry out the sale, reduction, or
cancellation of a loan pursuant to this section. Such
agency shall make adjustment in its accounts to reflect
the sale, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent that
appropriations for the cost of the modification, as
defined in section 502 of the Congressional Budget Act
of 1974, are made in advance.
(b) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government account or accounts established for
the repayment of such loan.
(c) Eligible Purchasers.--A loan may be sold pursuant to
subsection (a)(1)(A) only to a purchaser who presents plans
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
BASIC EDUCATION
Sec. 664. (a) In General.--Of the funds appropriated by title
III of this Act, not less than $700,000,000 shall be made
available for assistance for developing countries for basic
education, of which not less than $190,000,000 shall be
provided and implemented in countries that have an approved
national education plan.
(b) Coordinator.--There shall be established within the
Department of State in the immediate office of the Director of
United States Foreign Assistance, a Coordinator of United
States Government activities to provide basic education
assistance in developing countries (hereinafter in this section
referred to as the ``Coordinator'').
(c) Responsibilities.--That the Coordinator shall have
primary responsibility for the oversight and coordination of
all resources and international activities of the United States
Government that provide assistance in developing countries for
basic education. The individual serving as the Coordinator may
not hold any other position in the Federal Government during
the individual's time of service as Coordinator.
(d) Strategy.--The President shall develop a comprehensive
integrated United States Government strategy to provide
assistance in developing countries for basic education within
90 days of enactment of this Act.
(e) Report to Congress.--Not later than September 30, 2008,
the Secretary of State shall report to the Committees on
Appropriations on the implementation of United States
Government assistance programs in developing countries for
basic education.
(f) Funds appropriated by title II of Public Law 109-102 and
provided to the Comptroller General pursuant to section 567 of
that Act shall be available until expended and are also
available to the Comptroller General to conduct further
evaluations of basic education programs in developing countries
under the direction of the Committees on Appropriations.
RECONCILIATION PROGRAMS
Sec. 665. Of the funds appropriated by title III of this Act
under the heading ``Economic Support Fund'', $16,000,000 shall
be made available to support reconciliation programs which
bring together individuals of different ethnic, religious and
political backgrounds from areas of civil conflict and war, and
an additional $9,000,000 shall be made available to support
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.
SUDAN
Sec. 666. (a) Limitation on Assistance.--Subject to
subsection (b):
(1) Notwithstanding any other provision of law, none
of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be
made available for the cost, as defined in section 502,
of the Congressional Budget Act of 1974, of modifying
loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or
canceling amounts owed to the United States, and
modifying concessional loans, guarantees, and credit
agreements.
(b) Subsection (a) shall not apply if the Secretary of State
determines and certifies to the Committees on Appropriations
that:
(1) The Government of Sudan honors its pledges to
cease attacks upon civilians and disarms and
demobilizes the Janjaweed and other government-
supported militias.
(2) The Government of Sudan and all government-
supported militia groups are honoring their commitments
made in all previous cease-fire agreements.
(3) The Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, including protection officers, and
an international monitoring team that is based in
Darfur and has the support of the United States.
(c) Exceptions.--The provisions of subsection (a) shall not
apply to--
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile
State, and Abyei; and
(3) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace
Agreement or any other internationally-recognized
viable peace agreement in Sudan.
(d) Definitions.--For the purposes of this Act, the term
``Government of Sudan'' shall not include the Government of
Southern Sudan.
(e) Notwithstanding any other law, assistance in this Act may
be made available to the Government of Southern Sudan to
provide non-lethal military assistance, military education and
training, and defense services controlled under the
International Traffic in Arms Regulations (22 CRF 120.1 et
seq.) if the Secretary of State--
(1) determines that the provision of such items is in
the national interest of the United States; and
(2) not later than 15 days before the provision of
any such assistance, notifies the Committees on
Appropriations and the Committee on Foreign Relations
in the Senate and the Committee on Foreign Affairs in
the House of Representatives of such determination.
(f) Chad.--Notwithstanding any other provision of law, of the
funds appropriated by this Act for assistance for Sudan, up to
$5,000,000 shall be made available for administrative and other
expenses of the United States Agency for International
Development in Chad.
TRADE CAPACITY BUILDING
Sec. 667. Of the funds appropriated by this Act, under the
headings ``Development Assistance'', ``Assistance for Eastern
Europe and the Baltic States'', ``Economic Support Fund'',
``Andean Counterdrug Programs'', and ``Assistance for the
Independent States of the Former Soviet Union'', not less than
$550,000,000 should be made available for trade capacity
building assistance.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 668. (a) Public Disclosure.--Ten percent of the funds
appropriated in this Act under the heading ``International
Organizations and Programs'' for a contribution to any United
Nations agency may be withheld from disbursement if the
Secretary of State reports to the Committees on Appropriations
that such agency does not have or is not implementing a policy
of posting on a publicly available website information such as:
(1) audits, budget reports, and information related to
procurement activities; (2) procedures for protecting
whistleblowers; and (3) efforts to ensure the independence of
internal oversight bodies, adopt international public sector
accounting standards, and limit administrative costs.
(b) United Nations Development Program.--Twenty 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, including in North Korea and
Burma;
(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, 2007.
(c)(1) 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--
(A) the World Bank has made publicly available, in an
appropriate manner, financial disclosure forms of
senior World Bank personnel, including those at the
level of managing director, vice president, and above;
(B) 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;
(C) the World Bank is adequately staffing and
sufficiently funding the Department of Institutional
Integrity;
(D) the World Bank has made publicly available the
reports of the Department of Institutional Integrity,
and any subsequent review of corrective actions for
such reports, including, but not limited to, the
November 23, 2005 ``Report of Investigation into
Reproductive and Child Health I Project Credit N0180
India'', and the May 2006 report on Credit Number 3703
DRC, Grant number H193 DRC, and Grant number H010 DRC;
and
(E) the World Bank is implementing the
recommendations of the ``Volcker Panel'' report in a
timely manner.
(2) Anticorruption Provisions.--In addition to the funds
withheld in subsection (b)(1), 10 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 on the extent to which the World Bank has
completed the following:
(A) World Bank procurement guidelines, including the
World Bank's Standard Bidding Documents, have been
applied to all procurement financed in whole or in part
by a loan from the World Bank or a credit agreement or
grant from the International Development Association
(IDA);
(B) the World Bank maintains a strong central
procurement office staffed with senior experts who are
designated to address commercial concerns, questions,
and complaints regarding procurement procedures and
payments under IDA and World Bank projects;
(C) thresholds for international competitive bidding
have been established to maximize international
competitive bidding in accordance with sound
procurement practices, including transparency,
competition, and cost-effective results for the
Borrowers;
(D) the World Bank is consulting with the appropriate
private and public sector representatives regarding
implementation of the country procurement pilots
outlined in the June 2007 report to the Board; and
(E) all countries selected for the procurement pilot
program must adhere to all World Bank anti-fraud and
anti-corruption policies and must demonstrate a strong
anti-fraud enforcement record.
(d) Report.--
(1)(A) The Comptroller General of the United States
shall conduct an assessment of the programs and
activities funded under the heading ``Millennium
Challenge Corporation'' (MCC) in this Act and prior
Acts making appropriations for foreign operations,
export financing, and related programs to include a
review of the financial controls and procurement
practices of the Corporation and its accountable
entities, and the results achieved by MCC's compacts.
(B) Of the funds appropriated under the heading
``Millennium Challenge Corporation'' in this Act, up to
$250,000 shall be made available to the Comptroller for
the requirements of subsection (1)(A).
(2)(A) The Comptroller General of the United States
shall conduct an assessment of the HIV/AIDS programs
and activities funded under the headings ``Child
Survival and Health Programs Fund'', ``Global HIV/AIDS
Initiative'', and ``Global Health and Child Survival''
in this Act and prior Acts making appropriations for
foreign operations, export financing, and related
programs to include a review of the procurement and
results monitoring activities of United States
bilateral HIV/AIDS programs. The assessment should also
address the impact of Global HIV/AIDS Initiative
funding on other United States global health
programming.
(B) Of the funds appropriated under the heading
``Global Health and Child Survival'', up to $125,000
shall be made available to the Comptroller for the
requirements of subsection (2)(A).
(e) National Budget Transparency.--
(1) None of the funds appropriated by this Act may be
made available for assistance for the central
government of any country that fails to make publicly
available on an annual basis its national budget, to
include income and expenditures.
(2) The Secretary of State may waive subsection
(e)(1) if the Secretary reports to the Committees on
Appropriations that to do so is in the national
interests of the United States.
(3) The reporting requirement pursuant to section
585(b) of Public Law 108-7 regarding fiscal
transparency and accountability in countries whose
central governments receive United States foreign
assistance shall apply to this Act.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND
CERTAIN OTHER COUNTRIES
Sec. 669. Notwithstanding section 516(e) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year
2008, funds available to the Department of Defense may be
expended for crating, packing, handling, and transportation of
excess defense articles transferred under the authority of
section 516 of such Act to Albania, Afghanistan, Bulgaria,
Croatia, Estonia, Former Yugoslavian Republic of Macedonia,
Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, and Ukraine.
GENDER-BASED VIOLENCE
Sec. 670. Programs funded under titles III and IV of this Act
that provide training for foreign police, judicial, and
military officials, shall include, where appropriate, programs
and activities that address gender-based violence.
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN
GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT
Sec. 671. (a) None of the funds made available in this Act
under the heading ``Economic Support Fund'' may be used to
provide assistance to the government of a country that is a
party to the International Criminal Court and has not entered
into an agreement with the United States pursuant to Article 98
of the Rome Statute preventing the International Criminal Court
from proceeding against United States personnel present in such
country.
(b) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a North
Atlantic Treaty Organization (NATO) member country, a major
non-NATO ally (including Australia, Egypt, Israel, Japan,
Jordan, Argentina, the Republic of Korea, and New Zealand),
Taiwan, or such other country as he may determine if he
determines and reports to the appropriate congressional
committees that it is important to the national interests of
the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive
the prohibition of subsection (a) with respect to a particular
country if he determines and reports to the appropriate
congressional committees that such country has entered into an
agreement with the United States pursuant to Article 98 of the
Rome Statute preventing the International Criminal Court from
proceeding against United States personnel present in such
country.
(d) The prohibition of this section shall not apply to
countries otherwise eligible for assistance under the
Millennium Challenge Act of 2003, notwithstanding section
606(a)(2)(B) of such Act.
WESTERN HEMISPHERE
Sec. 672. (a) Central and South America.--Of the funds
appropriated by this Act under the headings ``Global Health and
Child Survival'' and ``Development Assistance'', not less than
the amount of funds initially allocated for each such account
pursuant to section 653(a) of the Foreign Assistance Act of
1961 for fiscal year 2007 shall be made available for El
Salvador, Guatemala, Nicaragua, Honduras, Ecuador, Peru,
Bolivia, Brazil, Latin America and Caribbean Regional, Central
America Regional, and South America Regional: Provided, That
for the purposes of this subsection, ``Global Health and Child
Survival'' shall mean ``Child Survival and Health Programs
Fund''.
(b) Haiti.--
(1) 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.
(2) Of the funds appropriated by this Act under
titles III and IV, not less than $201,584,000 shall be
available for assistance for Haiti.
(3) None of the funds made available by this Act
under the heading ``International Narcotics Control and
Law Enforcement'' may be used to transfer excess
weapons, ammunition or other lethal property of an
agency of the United States Government to the
Government of Haiti for use by the Haitian National
Police until the Secretary of State certifies to the
Committees on Appropriations that any members of the
Haitian National Police who have been credibly alleged
to have committed serious crimes, including drug
trafficking and human rights violations, have been
suspended and the Haitian Government is cooperating in
a reform and restructuring plan for the Haitian
National Police and the reform of the judicial system
as called for in United Nations Security Council
Resolution 1608 adopted on June 22, 2005.
(c) Dominican Republic.--Of the funds appropriated by this
Act under the headings ``Global Health and Child Survival'' and
``Development Assistance'', not less than $23,000,000 shall be
made available for assistance for the Dominican Republic, of
which not less than $5,000,000 shall be made available for
basic health care, nutrition, sanitation, education, and
shelter for migrant workers and other residents of batey
communities.
(d) Assistance for Guatemala.--
(1) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Guatemala, not less than $4,000,000
shall be made available for a United States
contribution to the International Commission Against
Impunity in Guatemala (CICIG).
(2) 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 Air Force, Navy and
Army Corps of Engineers 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.
(3) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not
more than $500,000 may be made available for the
Guatemalan Air Force and Navy: Provided, That such
funds may be made available only if the Secretary of
State certifies that the Guatemalan Air Force and Navy
are respecting human rights and are cooperating with
civilian judicial investigations and prosecutions of
current and retired military personnel who have been
credibly alleged to have committed violations of human
rights, and the Guatemalan Armed Forces are fully
cooperating (including access for investigators, the
provision of documents and other evidence, and
testimony of witnesses) with the CICIG.
(e) Free Trade Agreements.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$10,000,000 shall be made available for labor and environmental
capacity building activities relating to the free trade
agreements with countries of Central America and the Dominican
Republic.
(f) Notification Requirement.--Funds made available in this
Act for assistance for Guatemala and Haiti under the headings
referred to in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
ZIMBABWE
Sec. 673. The Secretary of the Treasury shall instruct the
United States executive director to each international
financial institution to vote against any extension by the
respective institution of any loans to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and
certifies to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including respect for
ownership and title to property, freedom of speech and
association.
DEVELOPMENT GRANTS PROGRAM
Sec. 674. (a) Establishment of the Program.--There is
established within the United States Agency for International
Development (USAID) a Development Grants Program (DGP) to
provide small grants to United States and indigenous
nongovernmental organizations for the purpose of carrying out
the provisions of chapters 1 and 10 of part I and chapter 4 of
part II of the Foreign Assistance Act of 1961.
(b) Eligibility for Grants.--Grants from the DGP shall be
made only for proposals of nongovernmental organizations.
(c) Competition.--Grants made pursuant to the authority of
this section shall be provided through an open, transparent and
competitive process.
(d) Size of Program and Individual Grants.--
(1) Of the funds appropriated by this Act to carry
out chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961, not less than
$50,000,000 shall be made available for purposes of
this section: Provided, That not more than 50 percent
of this amount shall be derived from funds appropriated
to carry out chapter 1 of part I of such Act.
(2) No individual organization can receive grants, or
grant amendments, made pursuant to this section in
excess of $2,000,000.
(e) Availability of Other Funds.--Funds made available under
this section are in addition to other funds available for such
purposes including funds designated by this Act by section 665.
(f) Definition.--For purposes of this section, the term
``nongovernmental organization'' means a private voluntary
organization, and shall not include entities owned in whole or
in part by a government or governmental entity.
(g) Report.--Within 90 days from the date of enactment of
this Act, and after consultation with the Committees on
Appropriations, the Administrator of USAID shall submit a
report to those Committees describing the procedures and
mechanisms USAID will use to implement this section.
DISASTER ASSISTANCE AND RECOVERY
Sec. 675. Funds made available to the Comptroller General
under chapter 4 of title I of the Emergency Supplemental
Appropriations Act (Public Law 106-31; 113 Stat. 69) and
section 593 of the Foreign Operations, Export Financing, and
Programs Agencies Appropriations Act, 2001 (Public Law 106-429;
114 Stat. 1900A-59) to monitor the provisions of assistance to
address the effects of hurricanes in Central America and the
Caribbean and the earthquake in Colombia, and to monitor the
earthquake relief and reconstruction efforts in El Salvador
under section 561 of the Foreign Operations, Export Financing,
and Programs Agencies Appropriations Act, 2002 (Public Law 107-
115; 115 Stat. 2162) shall also be available to the Comptroller
General to monitor any other disaster assistance and recovery
effort.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
Sec. 676. (a) Authority.--Up to $81,000,000 of the funds made
available in title III of this Act to carry out the provisions
of part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ``Assistance for Eastern
Europe and the Baltic States'', may be used by the United
States Agency for International Development (USAID) to hire and
employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections
308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal
year pursuant to the authority contained in subsection
(a) may not exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2009.
(c) Conditions.--The authority of subsection (a) may only be
used to the extent that an equivalent number of positions that
are filled by personal services contractors or other non-direct
hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', are
eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, primary emphasis shall be placed on enabling USAID to
meet personnel positions in technical skill areas currently
encumbered by contractor or other non-direct hire personnel.
(e) Consultations.--The USAID Administrator shall consult
with the Committees on Appropriations at least on a quarterly
basis concerning the implementation of this section.
(f) Program Account Charged.--The account charged for the
cost of an individual hired and employed under the authority of
this section shall be the account to which such individual's
responsibilities primarily relate. Funds made available to
carry out this section may be transferred to and merged and
consolidated with funds appropriated for ``Operating Expenses
of the United States Agency for International Development''.
(g) Management Reform Pilot.--Of the funds made available in
subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $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 Eastern Europe and the
Baltic States''.
(h) Disaster Surge Capacity.--Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance
Act of 1961, including funds appropriated under the heading
``Assistance for Eastern Europe and the Baltic States'', may be
used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by the United States Agency
for International Development whose primary responsibility is
to carry out programs in response to natural disasters.
OPIC TRANSFER AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
Sec. 677. 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. 678. The Secretary of State shall provide the Committees
on Appropriations, not later than April 1, 2008, and for each
fiscal quarter, a report in writing on the uses of funds made
available under the headings ``Foreign Military Financing
Program'', ``International Military Education and Training'',
and ``Peacekeeping Operations'': Provided, That such report
shall include a description of the obligation and expenditure
of funds, and the specific country in receipt of, and the use
or purpose of the assistance provided by such funds.
INDONESIA
Sec. 679. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' up to
$15,700,000 may be made available for assistance for Indonesia
as follows--
(1) Of the amount provided in subsection (a),
$13,000,000 may be made available upon enactment of
this Act.
(2) Of the amount provided in subsection (a),
$2,700,000 may not be made available until the
Secretary of State reports to the Committees on
Appropriations--
(A) on the steps taken by the Government of
Indonesia on the following--
(i) prosecution and punishment, in a
manner proportional to the crime, for
members of the Armed Forces who have
been credibly alleged to have committed
gross violations of human rights in
Timor-Leste and elsewhere, and
cooperation by the Armed Forces with
civilian judicial authorities and with
international efforts to resolve cases
of gross violations of human rights;
and
(ii) implementation by the Armed
Forces of reforms to increase the
transparency and accountability of
their operations and financial
management; and
(B) that the Government of Indonesia has
written plans to effectively provide
accountability for past violations of human
rights by members of the Armed Forces, and is
implementing plans to effectively allow public
access to Papua and to pursue the criminal
investigation and provide the projected
timeframe for completing the investigation of
the murder of Munir Said Thalib.
(b) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Indonesia, not less than $250,000 should be made available for
grants for capacity building of Indonesian human rights
organizations, including in Papua.
LIMITATION ON BASING IN IRAQ
Sec. 680. None of the funds made available in this Act may be
used by the Government of the United States to enter into a
permanent basing rights agreement between the United States and
Iraq.
PROHIBITION ON USE OF TORTURE
Sec. 681. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture, cruel or inhumane treatment by any official or
contract employee of the United States Government.
REPORT ON INDONESIA
Sec. 682. Not later than 90 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees
on Appropriations that describes--
(1) the steps taken by the Government of Indonesia to
deny promotion, suspend from active service, and pursue
prosecution of military officers indicted for serious
crimes, and the extent to which past and present
Indonesian military officials are cooperating with
domestic inquiries into human rights abuses, including
the forced disappearance and killing of student
activists in 1998 and 1999;
(2) the responses of the Governments of Indonesia and
Timor-Leste to the Final Report of the Commission for
Reception, Truth and Reconciliation in Timor-Leste and
the June 2006 report of the report to the Secretary-
General of the Commission of Experts to Review the
Prosecution of Serious Violations of Human Rights in
Timor-Leste in 1999; and
(3) the steps taken by the Indonesian military to
divest itself of illegal businesses.
EXTRADITION
Sec. 683. (a) None of the funds appropriated in this Act for
the Department of State may be used to provide assistance
(other than funds provided under the headings ``International
Narcotics Control and Law Enforcement'', ``Migration and
Refugee Assistance'', ``Emergency Migration and Refugee
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining
and Related Assistance'') for the central government of a
country which has notified the Department of State of its
refusal to extradite to the United States any individual
indicted for a criminal offense for which the maximum penalty
is life imprisonment without the possibility of parole or for
killing a law enforcement officer, as specified in a United
States extradition request.
(b) Subsection (a) shall only apply to the central government
of a country with which the United States maintains diplomatic
relations and with which the United States has an extradition
treaty and the government of that country is in violation of
the terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interests of the United States.
ENVIRONMENT AND ENERGY PROGRAMS
Sec. 684. (a) Biodiversity.--Of the funds appropriated under
the heading ``Development Assistance'', not less than
$195,000,000 shall be made available for programs and
activities which directly protect biodiversity, including
forests, in developing countries, of which not less than the
amount of funds initially allocated pursuant to section 653(a)
of the Foreign Assistance Act of 1961 for fiscal year 2006
shall be made available for such activities in Brazil,
Colombia, Ecuador, Peru and Bolivia, and that in addition to
such amounts for such countries not less than $15,000,000 shall
be made available for the United States Agency for
International Development's Amazon Basin Conservation
Initiative: Provided, That of the funds appropriated by this
Act, not less than $2,000,000 should be made available for
wildlife conservation and protected area management in the
Boma-Jonglei landscape of Southern Sudan, and not less than
$17,500,000 shall be made available for the Congo Basin Forest
Partnership of which not less than $2,500,000 shall be made
available to the United States Fish and Wildlife Service for
great apes conservation programs in Central Africa.
(b) Energy.--
(1) Of the funds appropriated by this Act, not less
than $195,000,000 shall be made available to support
clean energy and other climate change programs in
developing countries, of which not less than
$125,000,000 should be made available to directly
promote and deploy energy conservation, energy
efficiency, and renewable and clean energy technologies
with an emphasis on small hydro, solar and wind energy,
and of which the balance should be made available to
directly: (1) reduce greenhouse gas emissions; (2)
increase carbon sequestration activities; and (3)
support climate change mitigation and adaptation
programs.
(2) The Secretary of State shall convene an
interagency committee, including appropriate officials
of the Department of State, the United States Agency
for International Development, and the Environmental
Protection Agency, to evaluate the specific needs of
developing countries in adapting to climate change
impacts: Provided, That the Secretary shall submit a
report to the Committees on Appropriations not later
than September 1, 2008, describing such needs, on a
country-by-country and regional basis, and the actions
planned and being taken by the United States, including
funding provided to developing countries specifically
for adaptation to climate change impacts.
(c) Extraction of Natural Resources.--
(1) The Secretary of the Treasury shall inform the
managements of the international financial institutions
and the public that it is the policy of the United
States that any assistance by such institutions
(including but not limited to any loan, credit, grant,
or guarantee) for the extraction and export of oil,
gas, coal, timber, or other natural resource should not
be provided unless the government of the country has in
place functioning systems for: (A) accurately
accounting for payments for companies involved in the
extraction and export of natural resources; (B) the
independent auditing of accounts receiving such
payments and the widespread public dissemination of the
findings of such audits; and (C) verifying government
receipts against company payments including widespread
dissemination of such payment information, and
disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding
documents, allowing in any such dissemination or
disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(2) Not later than 180 days after the enactment of
this Act, the Secretary of the Treasury shall submit a
report to the Committees on Appropriations describing,
for each international financial institution, the
amount and type of assistance provided, by country, for
the extraction and export of oil, gas, coal, timber, or
other natural resources since September 30, 2006, and
whether each institution considered, in its proposal
for such assistance, the extent to which the country
has functioning systems described in paragraph (c)(1).
UZBEKISTAN
Sec. 685. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that 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
internationally recognized 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.
REPRESSION IN THE RUSSIAN FEDERATION
Sec. 686. (a) None of the funds appropriated for assistance
under this Act may be made available for the Government of the
Russian Federation, after 180 days from the date of the
enactment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation: (1) has implemented
no statute, Executive order, regulation or similar government
action that would discriminate, or which has as its principal
effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party; and (2) is (A)
honoring its international obligations regarding freedom of
expression, assembly, and press, as well as due process; (B)
investigating and prosecuting law enforcement personnel
credibly alleged to have committed human rights abuses against
political leaders, activists and journalists; and (C)
immediately releasing political leaders, activists and
journalists who remain in detention.
(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.
WAR CRIMES IN AFRICA
Sec. 687. (a) The Congress reaffirms its support for the
efforts of the International Criminal Tribunal for Rwanda
(ICTR) and the Special Court for Sierra Leone (SCSL) to bring
to justice individuals responsible for war crimes and crimes
against humanity in a timely manner.
(b) Funds appropriated by this Act, including funds for debt
restructuring, may be made available for assistance to the
central government of a country in which individuals indicted
by ICTR and SCSL are credibly alleged to be living, if the
Secretary of State determines and reports to the Committees on
Appropriations that such government is cooperating with ICTR
and SCSL, including the surrender and transfer of indictees in
a timely manner: Provided, That this subsection shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to project assistance under title II
of this Act: Provided further, That the United States shall use
its voice and vote in the United Nations Security Council to
fully support efforts by ICTR and SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a
country by country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(1) the steps being taken to obtain the cooperation
of the government in surrendering the indictee in
question to the court of jurisdiction;
(2) a strategy, including a timeline, for bringing
the indictee before such court; and
(3) the justification for exercising the waiver
authority.
COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS
Sec. 688. (a) Program Authorized.--The Secretary of State may
carry out a program of activities to combat piracy in countries
that are not members of the Organization for Economic
Cooperation and Development, including activities as follows:
(1) The provision of equipment and training for law
enforcement, including in the interpretation of
intellectual property laws.
(2) The provision of training for judges and
prosecutors, including in the interpretation of
intellectual property laws.
(3) The provision of assistance in complying with
obligations under applicable international treaties and
agreements on copyright and intellectual property.
(b) Consultation With World Intellectual Property
Organization.--In carrying out the program authorized by
subsection (a), the Secretary shall, to the maximum extent
practicable, consult with and provide assistance to the World
Intellectual Property Organization in order to promote the
integration of countries described in subsection (a) into the
global intellectual property system.
(c) Funding.--Of the amount appropriated or otherwise made
available under the heading ``International Narcotics Control
and Law Enforcement'', $5,000,000 may be made available in
fiscal year 2008 for the program authorized by subsection (a).
NEGLECTED TROPICAL DISEASES
Sec. 689. Of the funds appropriated under the heading
``Global Health and Child Survival'', not less than $15,000,000
shall be made available to support the United States Agency for
International Development's ongoing program to implement an
integrated response to the control of neglected diseases
including intestinal parasites, schistosomiasis, lymphatic
filariasis, onchocerciasis, trachoma and leprosy: Provided,
That the Administrator of the United States Agency for
International Development shall consult with the Committees on
Appropriations, representatives from the relevant international
technical and nongovernmental organizations addressing the
specific diseases, recipient countries, donor countries, the
private sector, UNICEF and the World Health Organization: (1)
on the most effective uses of such funds to demonstrate the
health and economic benefits of such an approach; and (2) to
develop a multilateral, integrated initiative to control these
diseases that will enhance coordination and effectiveness and
maximize the leverage of United States contributions with those
of other donors: Provided further, That funds made available
pursuant to this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
EGYPT
Sec. 690. (a) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' or under the
heading ``Economic Support Fund'' that are available for
assistance for Egypt, $100,000,000 shall not be made available
for obligation until the Secretary of State certifies and
reports to the Committees on Appropriations that the Government
of Egypt has taken concrete and measurable steps to--
(1) adopt and implement judicial reforms that protect
the independence of the judiciary;
(2) review criminal procedures and train police
leadership in modern policing to curb police abuses;
and
(3) detect and destroy the smuggling network and
tunnels that lead from Egypt to Gaza.
(b) Not less than 45 days after enactment of this Act, the
Secretary may waive subsection (a) if the Secretary determines
and reports to the Committees on Appropriations that such
waiver is in the national security interest of the United
States.
RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES WHO DO NOT POSE
A THREAT TO THE UNITED STATES
Sec. 691. (a) Amendment to Authority to Determine the Bar to
Admission Inapplicable.--Section 212(d)(3)(B)(i) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is
amended to read as follows:
``The Secretary of State, after consultation with the
Attorney General and the Secretary of Homeland Security, or the
Secretary of Homeland Security, after consultation with the
Secretary of State and the Attorney General, may determine in
such Secretary's sole unreviewable discretion that subsection
(a)(3)(B) shall not apply with respect to an alien within the
scope of that subsection or that subsection (a)(3)(B)(vi)(III)
shall not apply to a group within the scope of that subsection,
except that no such waiver may be extended to an alien who is
within the scope of subsection (a)(3)(B)(i)(II), no such waiver
may be extended to an alien who is a member or representative
of, has voluntarily and knowingly engaged in or endorsed or
espoused or persuaded others to endorse or espouse or support
terrorist activity on behalf of, or has voluntarily and
knowingly received military-type training from a terrorist
organization that is described in subclause (I) or (II) of
subsection (a)(3)(B)(vi), and no such waiver may be extended to
a group that has engaged terrorist activity against the United
States or another democratic country or that has purposefully
engaged in a pattern or practice of terrorist activity that is
directed at civilians. Such a determination shall neither
prejudice the ability of the United States Government to
commence criminal or civil proceedings involving a beneficiary
of such a determination or any other person, nor create any
substantive or procedural right or benefit for a beneficiary of
such a determination or any other person. Notwithstanding any
other provision of law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, no court shall have
jurisdiction to review such a determination or revocation
except in a proceeding for review of a final order of removal
pursuant to section 1252 of this title, and review shall be
limited to the extent provided in section 1252(a)(2)(D). The
Secretary of State may not exercise the discretion provided in
this clause with respect to an alien at any time during which
the alien is the subject of pending removal proceedings under
section 1229a of this title.''.
(b) Automatic Relief for the Hmong and Other Groups That Do
Not Pose a Threat to the United States.--For purposes of
section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)), the Karen National Union/Karen
Liberation Army (KNU/KNLA), the Chin National Front/Chin
National Army (CNF/CNA), the Chin National League for Democracy
(CNLD), the Kayan New Land Party (KNLP), the Arakan Liberation
Party (ALP), the Mustangs, the Alzados, the Karenni National
Progressive Party, and appropriate groups affiliated with the
Hmong and the Montagnards shall not be considered to be a
terrorist organization on the basis of any act or event
occurring before the date of enactment of this section. Nothing
in this subsection may be construed to alter or limit the
authority of the Secretary of State or the Secretary of
Homeland Security to exercise his discretionary authority
pursuant to section 212(d)(3)(B)(i) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).
(c) Technical Correction.--Section 212(a)(3)(B)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is
amended by striking ``Subclause (VII)'' and inserting
``Subclause (IX)''.
(d) Designation of the Taliban as a Terrorist Organization.--
For purposes of section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be
considered to be a terrorist organization described in
subclause (I) of clause (vi) of that section.
(e) Report on Duress Waivers.--The Secretary of Homeland
Security shall provide to the Committees on the Judiciary of
the United States Senate and House of Representatives a report,
not less than 180 days after the enactment of this Act and
every year thereafter, which may include a classified annex, if
appropriate, describing--
(1) the number of individuals subject to removal from
the United States for having provided material support
to a terrorist group who allege that such support was
provided under duress;
(2) a breakdown of the types of terrorist
organizations to which the individuals described in
paragraph (1) have provided material support;
(3) a description of the factors that the Department
of Homeland Security considers when evaluating duress
waivers; and
(4) any other information that the Secretary believes
that the Congress should consider while overseeing the
Department's application of duress waivers.
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this section, and
these amendments and sections 212(a)(3)(B) and 212(d)(3)(B) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and
1182(d)(3)(B)), as amended by these sections, shall apply to--
(1) removal proceedings instituted before, on, or
after the date of enactment of this section; and
(2) acts and conditions constituting a ground for
inadmissibility, excludability, deportation, or removal
occurring or existing before, on, or after such date.
REPORT ON ANTI-CORRUPTION ACTIVITIES
Sec. 692. Not later than August 1, 2008, the Secretary of
State, in consultation with the Administrator of the United
States Agency for International Development and the Chief
Executive Officer of the Millennium Challenge Corporation,
shall submit to the Committees on Appropriations a report on
the level of corruption in each country that receives
development assistance appropriated in this Act.
DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN
Sec. 693. Of the funds appropriated in this Act, $60,000,000
should be made available for programs to promote democracy, the
rule of law, and governance in Iran.
DENIAL OF VISAS RELATED TO REMOVAL OF ALIENS
Sec. 694. None of the funds made available in this Act may be
expended in violation of section 243(d) of the Immigration and
Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing
granting visas to nationals of countries that are denying or
delaying accepting aliens removed from the United States).
UNITED NATIONS HUMAN RIGHTS COUNCIL
Sec. 695. (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. 696. None of the funds made available in this Act may be
used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any
single international conference occurring outside the United
States, unless the Secretary of State determines that such
attendance is in the national interest: Provided, That for
purposes of this section the term ``international conference''
shall mean a conference attended by representatives of the
United States Government and representatives of foreign
governments, international organizations, or nongovernmental
organizations.
SAUDI ARABIA
Sec. 697. None of the funds appropriated or otherwise made
available pursuant to this Act shall be obligated or expended
to finance any assistance to Saudi Arabia: Provided, That the
President may waive the prohibition of this section if the
President certifies to the Committees on Appropriations, 15
days prior to the obligation of funds for assistance for Saudi
Arabia, that Saudi Arabia is cooperating with efforts to combat
international terrorism and that the proposed assistance will
help facilitate that effort.
CENTRAL ASIA
Sec. 698. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights 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, 2008, the Secretary of State
shall submit a report to the Committees on Appropriations and
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 12-month
period ending 30 days prior to submission of such
report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
DISABILITY PROGRAMS
Sec. 699. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $4,000,000
shall be made available for programs and activities
administered by the United States Agency for International
Development (USAID) to address the needs and protect the rights
of people with disabilities in developing countries, of which
$1,500,000 should be made available to disability advocacy
organizations that have expertise in working to protect the
rights and increasing the independence and full participation
of people with disabilities: Provided, That funds for
disability advocacy organizations should be used for training
and technical assistance for foreign disabled persons
organizations in such areas as advocacy, education, independent
living, and transportation, with the goal of promoting equal
participation of people with disabilities in developing
countries: Provided further, That USAID should seek to disburse
at least 25 percent of the funds made available pursuant to
this subsection in the form of small grants.
(b) Funds appropriated under the heading ``Operating Expenses
of the United States Agency for International Development''
shall be made available to develop and implement training for
staff in overseas USAID missions to promote the full inclusion
and equal participation of people with disabilities in
developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the Administrator of USAID shall seek to ensure that, where
appropriate, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
(e) Not later than 180 days after the date of enactment of
this Act, and 180 days thereafter, the Administrator of USAID
shall submit a report describing the programs, activities, and
organizations funded pursuant to this section.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 699A. 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.
ADVISOR FOR ACTIVITIES RELATING TO INDIGENOUS PEOPLES INTERNATIONALLY
Sec. 699B. (a) Advisor.--After consultation with the
Committees on Appropriations and not later than 90 days after
the enactment of this Act, there shall be established within
the Department of State in the immediate office of the Director
of United States Foreign Assistance an Advisor for Activities
Relating to Indigenous Peoples Internationally (hereinafter in
this section referred to as the ``Advisor''), who shall be
appointed by the Director. The Advisor shall report directly to
the Director.
(b) Responsibilities.--The Advisor shall:
(1) Advise the Director of United States Foreign
Assistance and the Administrator of the United States
Agency for International Development on matters
relating to the rights and needs of indigenous peoples
internationally and should represent the United States
Government on such matters in meetings with foreign
governments and multilateral institutions.
(2) Provide for the oversight and coordination of all
resources, programs, projects, and activities of the
United States Government to protect the rights and
address the needs of indigenous peoples
internationally.
(3) Develop and coordinate assistance strategies with
specific goals, guidelines, benchmarks, and impact
assessments (including support for local indigenous
peoples' organizations).
(c) Funds.--Of the funds appropriated by this Act under the
heading ``Diplomatic and Consular Programs'', not less than
$250,000 shall be made available for implementing the
provisions of this section.
(d) Report.--Not later than one year after the enactment of
this Act, the Secretary shall submit a report to the Committees
on Appropriations describing progress made in implementing this
section.
CHILD SOLDIERS
Sec. 699C. (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 to a
country of the prohibition in subsection (a) if the Secretary
determines and reports to the Committees on Appropriations that
such waiver is important to the national interest of the United
States.
FUNDING FOR SERBIA
Sec. 699D. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2008, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury should
instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
conditions in subsection (c).
(c) The determination and certification referred to in
subsection (a) is a determination by the President and a
certification to the Committees on Appropriations that the
Government of Serbia is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, timely
information on the location, movement, and sources of
financial support of indictees, and the surrender and
transfer of indictees or assistance in their
apprehension, including Ratko Mladic and Radovan
Karadzic;
(2) taking steps that are consistent with the Dayton
Accords to end Serbian financial, political, security
and other support which has served to maintain separate
Republika Srpska institutions; and
(3) taking steps to implement policies which reflect
a respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo, humanitarian
assistance or assistance to promote democracy.
PHILIPPINES
Sec. 699E. 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 only be made available
after the Secretary of State reports to the Committees on
Appropriations that--
(1) the Philippine Government is implementing the
recommendations of the United Nations Special
Rapporteur on Extrajudicial, Summary or Arbitrary
Executions;
(2) the Philippine Government is implementing a
policy of promoting military personnel who demonstrate
professionalism and respect for human rights, and is
investigating and prosecuting military personnel and
others who have been credibly alleged to have committed
extrajudicial executions or other violations of human
rights; and
(3) the Philippine military is not engaging in acts
of intimidation or violence against members of legal
organizations who advocate for human rights.
PAKISTAN
Sec. 699F. (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
as follows:
(b) Of the amount provided in subsection (a), $250,000,000
may be made available immediately for counter-terrorism and law
enforcement activities directed against Al Qaeda and the
Taliban and associated terrorist groups, and $50,000,000 may be
made available for such purposes after the Secretary of State
reports to the Committees on Appropriations that the Government
of Pakistan--
(1) is making concerted efforts to prevent Al Qaeda
and associated terrorist groups from operating in the
territory of Pakistan, including by eliminating
terrorist training camps or facilities, arresting
members of Al Qaeda and associated terrorist groups,
and countering recruitment efforts;
(2) is making concerted efforts to prevent the
Taliban from using the territory of Pakistan as a
sanctuary from which to launch attacks within
Afghanistan, including by arresting Taliban leaders,
stopping cross-border incursions, and countering
recruitment efforts; and
(3) is implementing democratic reforms, including--
(A) restoring the Constitution of Pakistan
and ensuring freedoms of expression and
assembly and other civil liberties guaranteed
by the Constitution;
(B) releasing political detainees and
allowing inclusive democratic elections;
(C) ending harassment and detention of
journalists, human rights defenders and
government critics by security and intelligence
forces; and
(D) restoring an independent judiciary and
ending interference in the judicial process.
(c) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Pakistan, up to
$5,000,000 may be used for administrative expenses of the
United States Agency for International Development: Provided,
That none of the funds appropriated by this Act may be made
available for cash transfer assistance for Pakistan.
SRI LANKA
Sec. 699G. (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, unless the
Secretary of State certifies to the Committee on Appropriations
that--
(1) the Sri Lankan military is suspending and the Sri
Lankan Government is bringing to justice members of the
military who have been credibly alleged to have
committed gross violations of human rights or
international humanitarian law, including complicity in
the recruitment of child soldiers;
(2) the Sri Lankan Government is providing access to
humanitarian organizations and journalists throughout
the country consistent with international humanitarian
law; and
(3) the Sri Lankan Government has agreed to the
establishment of a field presence of the Office of the
United Nations High Commissioner for Human Rights in
Sri Lanka 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 and communications.
MULTILATERAL DEVELOPMENT BANKS
Sec. 699H. (a) World Bank Inspection Panel.--The Secretary of
the Treasury shall instruct the United States Executive
Director to the World Bank to inform the Bank of, and use the
voice and vote of the United States to achieve transparency
reforms of the selection process for members of the World Bank
Inspection Panel, including--
(1) posting Inspection Panel position vacancy
announcements on the Inspection Panel's website and in
publications that have wide circulation in member
countries;
(2) making public official procedures for the
selection of Inspection Panel vacancies; and
(3) posting on the Inspection Panel's website the
names of the members of the selection committee and the
name or names of the individuals proposed by the
selection committee to the President of the World Bank.
(b) Authorizations.--
(1) Section 501(i) of title V of H.R. 3425 as enacted
into law by section 1000(a)(5) of Public Law 106-113,
as amended by section 591(b) of division D of Public
Law 108-447, is further amended by striking ``fiscal''
and all that follows through ``which'' and inserting in
lieu thereof ``fiscal years 2000-2010, which''.
(2) Section 801(b)(1)(ii) of Public Law 106-429, as
amended by section 591(a)(2) of division D of Public
Law 108-447, is further amended by striking ``fiscal
years 2004-2006'' and by inserting in lieu thereof
``fiscal years 2004-2010''.
MILLENNIUM CHALLENGE CORPORATION
Sec. 699I. (a) Section 607(b) of the Millennium Challenge Act
of 2003 (22 U.S.C. 7706) is amended--
(1) in paragraph (2)(B) by striking ``and the
sustainable management of natural resources''; and
(2) in paragraph (3)--
(A) in subparagraph (A), by striking ``and'';
(B) in subparagraph (B), by striking the
period and inserting ``; and''; and
(C) by adding the following subparagraph:
``(C) promote the protection of biodiversity
and the transparent and sustainable management
and use of natural resources.''.
(b)(1) 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 2008 and subsequent fiscal years.
(2) The report required in paragraph (1) shall include, at a
minimum, a description of--
(A) compacts in development, including the status of
negotiations and the approximate range of value of the
proposed compact;
(B) compacts in implementation, including the
projected expenditure and disbursement of compact funds
during fiscal year 2008 and subsequent fiscal years as
determined by the country compact;
(C) threshold country programs in development,
including the approximate range of value of the
threshold country agreement;
(D) threshold country programs in implementation;
(E) use of administrative funds.
(3) 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.
(4) The report required in paragraph (1) shall be updated on
a quarterly basis.
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS
Sec. 699J. Section 1059(c) of the National Defense
Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is
amended by adding at the end the following:
``(3) Carry forward.--If the numerical limitation
described in paragraph (1) is not reached during a
given fiscal year, the numerical limitation for the
following fiscal year shall be increased by a number
equal to the difference between the number of visas
authorized for the given fiscal year and the number of
aliens provided special immigrant status during the
given fiscal year.''.
IRAQ
Sec. 699K. (a) None of the funds appropriated or otherwise
made available by this Act may be made available for assistance
for Iraq.
(b) Subsection (a) shall not apply to funds appropriated by
this Act under the heading ``Economic Support Fund'' that are
made available to rescue Iraqi scholars and for the fund
established by section 2108 of Public Law 109-13, to funds made
available under the heading ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'' for the removal and disposal of
land mines and other unexploded ordnance, small arms and light
weapons in Iraq, or for assistance for refugees and internally
displaced persons.
ANTI-KLEPTOCRACY
Sec. 699L. (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 determines there is
credible evidence to believe have been involved in corruption
relating to the extraction of natural resources in their
countries.
(b) Any individual on the list submitted under subsection (a)
shall be ineligible for admission to the United States.
(c) 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.
(d) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall submit a
report, in classified form if necessary, to the Committees on
Appropriations describing the evidence considered in
determining involvement pursuant to subsection (a).
COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN
Sec. 699M. (a) Not later than 180 days after the date of the
enactment of this Act, the President shall submit to Congress a
comprehensive nuclear threat reduction and security plan, in
classified and unclassified forms--
(1) for ensuring that all nuclear weapons and
weapons-usable material at vulnerable sites are secure
by 2012 against the threats that terrorists have shown
they can pose; and
(2) for working with other countries to ensure
adequate accounting and security for such materials on
an ongoing basis thereafter.
(b) For each element of the accounting and security effort
described under subsection (a)(2), the plan shall--
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for measuring
progress, estimated schedules, and specified milestones
to be achieved;
(3) provide estimates of the program budget
requirements and resources to meet the goals for each
year; and
(4) provide the strategy for diplomacy and related
tools and authority to accomplish the program element;
(5) provide a strategy for expanding the financial
support and other assistance provided by other
countries, particularly Russia, the European Union and
its member states, China, and Japan, for the purposes
of securing nuclear weapons and weapons-usable material
worldwide; and
(6) outline the progress in and impediments to
securing agreement from all countries that possess
nuclear weapons or weapons-usable material on a set of
global nuclear security standards, consistent with
their obligation to comply with United Nations Security
Council Resolution 1540.
PROHIBITION ON PROMOTION OF TOBACCO
Sec. 699N. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
UNOBLIGATED FUNDS RESCISSIONS
Sec. 699O. (a) Of the funds appropriated under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States that are available for tied-aid grants in title I
of Public Law 107-115 and under such heading in prior Acts
making appropriations for foreign operations, export financing,
and related programs, $25,000,000 are rescinded.
(b) Of the funds appropriated under the heading ``Economic
Support Fund'' in prior Acts making appropriations for foreign
operations, export financing, and related programs,
$133,000,000 are rescinded.
ACROSS-THE-BOARD RESCISSION
Sec. 699P. (a) Bill-wide Rescissions.--There is hereby
rescinded an amount equal to .81 percent of the budget
authority provided for fiscal year 2008 for any discretionary
account in this Act.
(b) Proportionate Application.--Any rescission made by
subsection (a) shall be applied proportionately--
(1) to each discretionary account and each item of
budget authority described in subsection (a); and
(2) within each such account and item, to each
program, project, and activity (with programs,
projects, and activities as delineated in the
appropriation Act or accompanying explanatory
statements for the relevant fiscal year covering such
account or item, or for accounts and items not included
in appropriation Acts, as delineated in the most
recently submitted President's budget).
(c) OMB Report.--Within 30 days after the date of the
enactment of this section, the Director of the Office of
Management and Budget shall submit to the Committees on
Appropriations a report specifying the account and amount of
each rescission made pursuant to this section.
(d) Exception.--The rescission in subsection (a) shall not
apply to funds provided in this Act designated as described in
section 5 (in the matter preceding division A of this
consolidated Act).
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2008''.
[Clerk's note: Reproduced below is the material relating to
division J contained in the ``Explanatory Statement Submitted
by Mr. Obey, Chairman of the House Committee on Appropriations,
Regarding the Consolidated Appropriations Amendment of the
House of Representatives to the Senate Amendment to H.R.
2764''.\1\
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\1\ This Explanatory Statement was submitted for printing in the
Congressional Record on December 17, 2007, prior to House consideration
of the Consolidated Appropriations amendment and as directed by the
House of Representatives in section 3 of H. Res. 869. The Statement
appears in books II and III of the December 17 Congressional Record,
with the division I portion beginning on page H16381 of book III.
---------------------------------------------------------------------------
The amendment discussed in the Explanatory Statement was
agreed to without change by both the House of Representatives
and the Senate. Therefore, the ``amended bill'' referred to in
the Statement is the same as the legislation that has been
signed into law.
Section 4 of the Consolidated Appropriations Act provides
that this Explanatory Statement 'shall have the same effect
with respect to the allocation of funds and implementation of
divisions A through K of this Act as if it were a joint
explanatory statement of a committee of conference''.]
Explanatory Statement, Division J
DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS
The following is an explanation of the effects of this
division of the House amendment to the Senate amendment to H.R.
2764 (hereafter referred to as ``the amended bill'') relative
to the versions of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2008 (H.R. 2764)
passed by the House of Representatives and the Senate. In
implementing this amended bill, the departments, agencies,
organizations, and commissions should be guided by the
directives and instructions set forth in House Report 110-197
and Senate Report 110-128 accompanying the bill H.R. 2764,
unless specifically addressed in the accompanying amended bill
and explanatory statement to the contrary.
TITLE I--DEPARTMENT OF STATE AND RELATED AGENCIES
Department of State
ADMINISTRATION OF FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $5,359,802,000 for Diplomatic and
Consular Programs, instead of $4,747,078,000 as proposed by the
House and $4,729,973,000 as proposed by the Senate. Of this
amount, $781,632,000 is designated emergency spending pursuant
to section 5 preceding division A of this Act, of which
$575,000,000 is for operations and $206,632,000 is for
worldwide security protection.
The amended bill includes a total of $974,760,000 for
worldwide security protection, instead of $964,760,000 as
proposed by the House and $909,598,000 as proposed by the
Senate.
The amended bill does not include a proviso proposed by the
Senate regarding funding for the Office of the Director of
United States Foreign Assistance. The Appropriations Committees
are concerned that there are insufficient personnel to
adequately explain the Department's budget request and respond
to congressional inquiries. The Appropriations Committees
support expanding the Department's budgetary operations. The
Appropriations Committees request the Under Secretary of State
for Management to assess the current capacity of resource
management offices and make recommendations to develop an
adequately staffed, integrated budget formulation,
justification, and execution office. These recommendations
should be submitted to the Appropriations Committees not later
than May 1, 2008.
The amended bill includes $360,905,000 for public diplomacy
international information programs under this heading and an
additional $6,000,000 is available in fee revenue generated by
the Border Security Program. This brings the estimated total
for public diplomacy international information programs to
$366,904,000 in fiscal year 2008, which is $2,000,000 above the
budget request.
The amended bill includes $2,000,000 to establish and
operate a public/private public diplomacy center as proposed by
the House. The Senate did not include a similar provision.
The amended bill includes $5,000,000 for a demonstration
program to expand access to consular services, including
through the use of mobile consular services, as proposed by the
Senate. The Department of State shall consult with the
Appropriations Committees regarding this program prior to the
initial obligation of funds.
The amended bill provides $4,000,000 for compensation to
the families of members of the Foreign Service or other United
States Government employees or their dependents who were killed
in terrorist attacks since 1979, as proposed by the House. All
funds for compensation are available for obligation only upon
enactment of a specific authorization in a subsequent Act of
Congress.
The amended bill includes a proviso to allow the Secretary
of State to reemploy Foreign Service annuitants on a temporary
basis where necessary to meet the demand for passport
adjudication and processing, as proposed by the Senate. The
amended bill does not include $40,000,000 for passport
operations, facilities, and systems, as proposed by the Senate.
As the Department of State has informed the Appropriations
Committees that it intends to expend $1,898,540,000 from fee
revenue for the Border Security Program in fiscal year 2008 (an
increase of $612,213,000 above the fiscal year 2007 level), the
Senate provision is not necessary at this time. The
Appropriations Committees direct the Department of State to
submit quarterly reports on obligations and expenditures for
Consular Affairs including the level of personnel, personnel
specifically for passport processing, the capacity of passport
processing facilities, and projected and actual fee revenue,
similar to the reporting requirements contained in House Report
110-197. The Committees will continue to closely monitor
passport workload and backlogs to ensure that the Department
has the resources, hiring authority and trained personnel
necessary to provide timely passport services.
The amended bill does not include a proviso designating
$3,000,000 for the operations of the Office on Right-Sizing the
United States Government Overseas Presence, as proposed by the
House.
The amended bill does not include a proviso making
$5,000,000 available for the Program for Research and Training
on Eastern Europe and the Independent States of the Former
Soviet Union (title VIII), as proposed by the House. The
funding and authority for this purpose are provided in section
634(q) of this Act.
The amended bill does not include a proviso granting the
Secretary of State the authority to transfer up to $200,000,000
from appropriations in this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and export financing to the Millennium Challenge Corporation
(MCC), as proposed by the Senate.
The amended bill provides $5,000,000 for the Ambassador's
Fund for Cultural Preservation, instead of $6,000,000 as
proposed by the Senate. The House did not have a similar
provision. Of this amount, not less than $1,500,000 shall be
used for grants of not less than $500,000 for significant
historic preservation projects, such as archeological
restoration of Phnom Bakhen, Cambodia, and Mayan sites in the
Peten region of Guatemala.
The Appropriations Committees support a pilot program to
improve management and protection of United States Government
properties overseas that have cultural, architectural, or
historical value.
The amended bill includes a proviso, similar to that
proposed by the House, prohibiting the use of funds under this
heading to process licenses for the export of satellites of
United States origin to the People's Republic of China.
The Department of State shall provide $18,000,000 for
security enhancements to soft targets such as overseas schools
and residential compounds. The Appropriations Committees expect
that the additional funds will be prioritized to those
countries and regions impacted by political and religious
extremism.
The amended bill includes a new proviso withholding
$500,000 in funds appropriated under this heading from
obligation until the Secretary of State submits a report to the
Appropriations Committees outlining a plan to increase the
capacity of the United States Embassy Moscow to monitor human
rights and Russian laws relating to the press and human rights
and other civil society groups. The Department of State shall
consult with the Appropriations Committees regarding this plan,
prior to the obligation of funds.
The amended bill includes a new proviso giving the
Secretary of State the authority to transfer certain
unobligated balances of funds appropriated under the heading
``Diplomatic and Consular Programs'' to ``Emergencies in the
Diplomatic and Consular Service'' for rewards payments.
The amended bill includes sufficient funds to maintain at
not less than the current service level funding for the
salaries and expenses of the Office of the Special Coordinator
for Tibetan Issues.
The Appropriations Committees direct the Secretary to
implement the Western Hemisphere Travel Initiative no earlier
than the statutory deadline of June 1, 2009 and endorse the
report required in Senate Report 110-128 related to travel
document issuance.
The Bureau of Diplomatic Security should develop a
comprehensive facility plan to consolidate and expand hard and
soft skills training and report to the Appropriations
Committees no later than May 1, 2008.
The Appropriations Committees are encouraged that the
Department of State has provided access to Iraq for a small
number of Government Accountability Office (GAO) personnel to
conduct oversight; however, the Appropriations Committees are
dismayed that the Department of State is attempting to limit
access to Iraq by additional GAO temporary duty teams who may
have need for extended field visits in the International Zone
to conduct oversight. Section 3804 of Public Law 110-28, the
U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and
Iraq Accountability Appropriations Act of 2007, provides for
the GAO to operate in Iraq for not less than 45 consecutive
days and for the provision of necessary life support, which
shall include housing, food, and transportation. The
Appropriations Committees direct the Secretary of State to
certify not later than 30 days after enactment of this Act that
section 3804 has been implemented.
The amended bill includes $2,000,000 for the Library of
Congress's capital security cost sharing program fees (sec.
634(m)). The Appropriations Committees note that this one time
appropriation is a result of an anomaly arising from the fiscal
year 2007 continuing resolution.
The Appropriations Committees note that no funding is
provided for the 2010 Olympics, as proposed by the Senate.
CAPITAL INVESTMENT FUND
The amended bill provides $60,062,000 for the Capital
Investment Fund, instead of $59,062,000 as proposed by the
House and $63,743,000 as proposed by the Senate.
OFFICE OF INSPECTOR GENERAL
The amended bill provides $34,008,000 for the Office of
Inspector General (OIG), instead of $32,508,000 as proposed by
the House and $35,508,000 as proposed by the Senate.
The Appropriations Committees support an independent
Department of State OIG, which has sufficient resources and
authority to properly carry out its duties as set forth in the
Inspector General Act of 1978. The Appropriations Committees
request that the OIG report not later than April 1, 2008 on
personnel vacancies; the aggregate number of requests from
other agencies and the Congress to assist in investigations or
to conduct oversight; a summary of those requests which were
not accommodated and whether denial of such requests was due to
a lack of personnel, or insufficient resources, or for other
reasons.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The amended bill provides $505,441,000 for Educational and
Cultural Programs, instead of $501,400,000 as proposed by the
House and $509,482,000 as proposed by the Senate.
The amended bill does not include language providing for
the transfer of $6,000,000 to the Trust Fund established by
section 313 of the Legislative Branch Appropriations Act, 2001,
as proposed by the House.
The amended bill does not include language providing up to
$2,000,000 for the Senator Paul Simon Study Abroad Foundation,
subject to authorization, as proposed by the Senate. The
Appropriations Committees are supportive of this effort, and
will review the new authorities and funding requirements once
the program is authorized. The Appropriations Committees
support expanding study abroad opportunities for United States
students, diversifying the study abroad population, and
increasing study in non-traditional countries. Over the past
decade study abroad by United States students has increased by
150 percent and funding provided by the Congress has also
increased significantly; the amount provided in fiscal year
2008 reflects an 8.4 percent increase in a single year. The
Appropriations Committees endorse the report requirement
contained in Senate Report 110-128 to expand the capacity of
study abroad.
Funding under this heading should be allocated to the
following activities in the amounts designated in the table
below, subject to the requirements of section 619:
Educational and Cultural Exchange Programs
[Budget authority in thousands of dollars]
Programs and Activities Budget Authority Total
Academic Programs:
Fulbright Program: Students, Scholars, Teachers,
Humphrey, Undergraduates.......................... $222,645
========================================================
____________________________________________________
Global Academic Exchanges:
Educational Advising and Student Services........... 10,672
English Language Programs........................... 14,531
--------------------------------------------------------
____________________________________________________
Subtotal, Global Academic Exchanges............. 25,203
========================================================
____________________________________________________
Special Academic Exchanges:
Regional Graduate Fellowships....................... 22,200
American Overseas Research Centers.................. 3,816
South Pacific Exchanges............................. 500
Timor Leste Exchanges............................... 500
Mobility Exchange Clearinghouse..................... 500
Benjamin Gilman International Scholarship Program... 5,857
George Mitchell Fellowship Program.................. 500
University of Miami Hemispheric Program............. 500
Tibet Fund.......................................... 750
--------------------------------------------------------
____________________________________________________
Subtotal, Special Academic Exchanges............ 35,123
========================================================
____________________________________________________
Total, Academic Programs.................... 282,971
Professional and Cultural Exchanges:
International Visitor Program....................... 78,255
Citizen Exchange Programs........................... 73,977
Youth Exchange and Study Program (YES).............. [24,000]
Special Professional and Cultural Exchanges:
Congress Bundestag Youth Exchange................... 3,256
Mike Mansfield Fellowship Program................... 1,877
Irish Institute..................................... 1,000
Ngwang Choephel Fellows (Tibet)..................... 650
Youth Science Leadership Institute of the Americas.. 150
Institute for Representative Government............. 500
Pakistan Literacy Training Program.................. 375
--------------------------------------------------------
____________________________________________________
Subtotal, Special Professional and Cultural
Exchanges..................................... 7,808
========================================================
____________________________________________________
Total, Professional and Cultural Exchanges.. 160,040
Competitive One-time Grant Program...................... 10,000
Program and Performance:
Evaluation Program.................................. 1,910
Alumni Global Networks Program...................... 1,260
--------------------------------------------------------
____________________________________________________
Subtotal, Program and Performance............... 3,170
Exchanges Support....................................... 49,260
========================================================
____________________________________________________
Total, Educational and Cultural Exchange
Programs.................................. 505,441
The Appropriations Committees support language as proposed
by the House regarding the continuation of funding for several
ongoing international exchange programs with Eurasia and
Eastern Europe, and the Muskie Graduate Fellowship program.
The Appropriations Committees support language as proposed
by the Senate related to expanding academic exchange with Latin
America and recommend that funds provided under this heading be
used to increase Access microscholarships, exchanges for
student leaders and with community colleges, and the Bureau's
opportunity grants program. The Appropriations Committees also
support language as proposed by the House related to the
development of expanded cultural, educational, and professional
exchanges with the Caribbean.
The amended bill includes $10,000,000 for a competitive
one-time grants program, similar to proposals by both the House
and Senate. In developing this competitive grants program, the
Department of State is to be guided by the criteria outlined in
both House Report 110-197 and Senate Report 110-128, including
the directive to consult with the Appropriations Committees,
prior to the submission of the program plan. Consistent with
the preceding criteria, the Appropriations Committees recommend
the following proposals for consideration:
Armenian Youth Federation for support of exchanges
with Armenia;
Associated Colleges of the South to expand teaching
of critical languages, such as Chinese and Arabic;
Carnegie Hall to support cultural exchanges with
China;
Chapman University to support educational exchanges
between the University and several universities in
China;
Cultural History Exchange to provide for educational
and cultural exchanges associated with the Lake
Champlain Quadracentennial;
Dillard University for educational exchange and
critical language training in East Asia and the
Pacific, the Middle East, and Latin America;
Empower Peace Foundation to support cultural
exchanges;
Facing History and Ourselves to support exchange
programs for United States and international educators;
Flushing Council on Culture and the Arts, Inc. for a
cultural exchange program with East Asian communities;
Great Lakes Consortium for International Development
for support of the Paul E. Gillmor Freedom Citizen
Exchanges;
Humanity in Action to support exchanges between the
United States and Europe;
Levin Institute of the State University of New York
to support exchanges with China;
Monmouth University to support professional exchanges
with Armenia and with Ghana;
Montana State University, Bozeman to develop higher
education partnerships in the Middle East;
Morehouse College for support of student and faculty
exchanges;
National Italian American Foundation to support their
Gift of Cultural Exchange program;
National Youth Science Foundation to support multi-
cultural science exchanges with high school students;
Pacem in Terris Institute at La Roche College to
support faculty exchange programs;
Peace, Health, Communications, Cooperation in the
Middle East Program to provide for exchange of doctors,
researchers, scientists, and youth with the Middle
East;
Project Children to support exchanges between the
United States and Ireland;
Roger William University to expand educational
exchange with the Middle East;
Saint Anselm College for educational exchange in the
Middle East in partnership with the American University
of Beirut, Hebrew University, American University in
Cairo, and Hebron University;
Saint Michael's College to develop young leaders from
Latin America, particularly low-income and indigenous
populations;
Sister Cities International to support educational
and cultural exchanges;
South Dakota School of Mines and Technology to expand
science, technology, and engineering exchanges with
Mongolia;
Southwest Chamber Music Society to support cultural
exchanges with Mexico and Asia;
Spelman College for student and faculty exchanges
with China;
St. Bonaventure University's Father Mychal Judge
Program for academic, civic, and cultural exchanges
with Ireland;
Students In Free Enterprise to support exchanges with
African countries;
University of Iowa for educational exchanges with
universities in Indonesia, Singapore, and Malaysia;
University of Iowa to support exchange programs
involving writers, East Timor, and Southeast Asian
universities;
University of Louisville to expand Arabic language
study;
University of Massachusetts Confucius Institute to
expand educational exchanges in China;
University of Missouri, St. Louis to expand education
in health and business;
University of Vermont to expand foreign language
teacher training in Chinese languages to pre-college
students;
Virginia Military Institute for support of an
exchange program involving the Institute and Arabic
speaking countries in the Middle East;
The Washington Center--Latin America and Africa
Internship Program to support student exchanges;
Wayne State University to support exchanges between
the U.S. and China; and
Western Carolina University for support of exchange
programs with critical language countries.
REPRESENTATION ALLOWANCES
The amended bill provides $8,175,000 for Representation
Allowances, as proposed by the House and the Senate.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The amended bill provides $23,000,000 for Protection of
Foreign Missions and Officials, instead of $28,000,000 as
proposed by the House and $14,000,000 as proposed by the
Senate. The amended bill includes sufficient funds above the
request to begin to reimburse eligible costs of providing
security protection to diplomatic delegations to the United
Nations and other international organizations that were
incurred in prior years, as proposed by the House, and up to
$2,500,000 is available to reimburse certifiable costs incurred
by municipalities hosting extraordinary events.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The amended bill provides $1,437,216,000 for Embassy
Security, Construction, and Maintenance, instead of
$1,536,798,000 as proposed by the House and $1,441,812,000 as
proposed by the Senate. Of the amount provided, $676,000,000 is
available only for priority worldwide security upgrades,
acquisition, and construction.
The Appropriations Committees endorse the language in House
Report 110-197 requiring the submission of a spending plan and
notification if there are any facilities that the Department of
State believes face serious security risks.
The Appropriations Committees direct the Department of
State to provide sufficient funds to the United States Embassy
Chad to rectify deficiencies in facilities identified by a
recent assessment by the Bureau of Overseas Buildings
Operations.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $9,000,000 for Emergencies in the
Diplomatic and Consular Service, as proposed by the Senate,
instead of $14,000,000 as proposed by the House.
The amended bill provides the funds under the heading as
authorized, as proposed by the House. The Senate proposed that
funds be used only for emergency evacuations and terrorism
awards.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $1,285,000 for the Repatriation
Loans Program Account, as proposed by the House and Senate. Of
this amount, $678,000 is for the Direct Loans Subsidy and
$607,000 is for administrative expenses.
The amended bill includes language allowing funds under the
heading for administrative expenses to be transferred to and
merged with ``Diplomatic and Consular Programs'', as proposed
by the Senate. The House proposed similar language, but with
minor technical differences.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The amended bill provides $16,351,000 for Payment to the
American Institute in Taiwan, as proposed by the House and
Senate.
PAYMENT TO THE FOREIGN SERVICE
RETIREMENT AND DISABILITY FUND
The amended bill provides $158,900,000 for Payment to the
Foreign Service Retirement and Disability Fund, as proposed by
the House and Senate.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The amended bill provides $1,354,400,000 for Contributions
to International Organizations, as proposed by the House
instead of $1,374,400,000 as proposed by the Senate.
The amended bill does not include a Senate provision making
funds available until September 30, 2009. The House did not
have a similar provision.
The amended bill includes a provision similar to that
proposed by the Senate that any payment of arrearages under
this title shall be directed toward activities that are
mutually agreed upon between the United States and the
respective international organization. The House included a
similar provision.
CONTRIBUTIONS FOR INTERNATIONAL
PEACEKEEPING ACTIVITIES
The amended bill provides $1,700,500,000 for Contributions
for International Peacekeeping Activities, instead of
$1,302,000,000 as proposed by the House and $1,352,000,000 as
proposed by the Senate. Of this amount, $468,000,000 is
designated emergency spending pursuant to section 5 preceding
division A of this Act.
The amended bill includes not less than $550,373,000 to
establish a new United Nations/African Union hybrid
peacekeeping mission to Darfur (UNAMID). The Appropriations
Committees will consider additional funding in subsequent
legislation to ensure the United States fully funds its share
of the UN-approved budget for this mission.
The amended bill includes language as proposed by the House
that the UN should take appropriate measures to hold
accountable employees, contractor personnel, or peacekeeping
forces who engage in certain wrongful acts ``including the
prosecution in their home countries of such individuals.'' The
Appropriations Committees direct that in cases involving
alleged wrongdoing, the UN should provide all relevant
information to the appropriate judicial authorities in the
individual's home country.
The Secretary of State shall submit a financial plan of the
planned expenditure of funds made available under this heading,
which are subject to the regular reprogramming procedures of
the Appropriations Committees.
International Commissions
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
The amended bill includes a total of $118,855,000 for the
International Boundary and Water Commission, United States and
Mexico (IBWC), as proposed by the Senate instead of $46,155,000
as proposed by the House. The amount provided includes
$30,430,000 for Salaries and Expenses and $88,425,000 for
Construction. The amended bill includes language authorizing
not to exceed $6,000 for representational expenses.
SALARIES AND EXPENSES
The amended bill includes $30,430,000 for the Salaries and
Expenses account as proposed by both the House and Senate.
CONSTRUCTION
The amended bill includes $88,425,000 under this heading as
proposed by the Senate instead of $15,725,000 as proposed by
the House. The funding allocations for construction shall
address the following projects: $66,000,000 for a secondary
wastewater treatment facility; $100,000 to repair, relocate, or
replace fencing along the international border between the
United States and Mexico; $400,000 for the repair or
replacement of the Nogales Wash Flood Control Project and
International Outfall Interceptor; $11,700,000 for the Rio
Grande Canalization project in Dona Ana County, New Mexico for
sediment removal and construction; and $10,000,000 for levee
rehabilitation and sediment removal associated with the Rio
Grande Flood Control System Rehabilitation project in Texas and
the review of the need for any additional infrastructure, as
proposed by the House and Senate.
The amended bill includes language (sec. 117) regarding the
construction of secondary wastewater treatment capability on
the Tijuana River. The Appropriations Committees remain
concerned about the continued delays in building treatment
facilities to process sewage flowing into the United States in
the Tijuana River. Construction of a facility capable of
secondary treatment of at least 25 million gallons per day
(mgd) is necessary to ensure compliance with the Clean Water
Act. The Appropriations Committees direct IBWC to resume
negotiations for a fee-for-services contract with the owner of
a Mexican wastewater facility to address this problem. The
Appropriations Committees also direct IBWC to concurrently
prepare design and engineering plans to upgrade the
International Wastewater Treatment Plant to treat 25 mgd to
secondary treatment and update its conceptual designs for a
phased, scalable project capable of treating up to 100 mgd to
secondary. IBWC should report back to the Appropriations
Committees with cost estimates and timelines for completing
both the 25 mgd IWTP and the proposed 59 mgd Mexican facility
within 120 days after enactment of this Act. These timelines
should contain interim milestones including, but not limited
to, the completion of final design and engineering plans,
acquisition of land and/or necessary easements, diplomatic
treaty minutes, permits, environmental reviews, and other
critical requirements necessary for the completion of each
project.
The Appropriations Committees direct the Government
Accountability Office (GAO) to continue its comprehensive
review of the two proposed projects, but also request a report,
detailing which project would bring IBWC into compliance with
the Clean Water Act most rapidly, and which project is more
cost effective. GAO should deliver this report to the
Appropriations Committees 120 days after enactment of this Act.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The amended bill provides $10,940,000 for American
Sections, International Commissions, instead of $10,630,000 as
proposed by the House and $11,250,000 as proposed by the
Senate. Funds are allocated in the following table, subject to
the requirements of section 619:
American Sections, International Commissions
[Budget authority in thousands of dollars]
Budget Authority Total
International Joint Commission--United States and Canada 7,190
Lake Champlain Basin Program........................ [500]
International Boundary Commission, United States and
Canada.............................................. 1,530
Border Environment Cooperation Commission............... 2,220
--------------------------------------------------------
____________________________________________________
Total........................................... 10,940
Of the funds provided for the International Joint
Commission, the amended bill includes $500,000 for the Lake
Champlain Basin Program, including language, which extends the
availability of funds appropriated in fiscal year 2007.
INTERNATIONAL FISHERIES COMMISSIONS
The amended bill provides $26,527,000 for the International
Fisheries Commissions instead of $26,000,000 as proposed by the
House and $27,054,000 as proposed by the Senate. This amount
reflects the actual treaty-obligated dues for fiscal year 2008.
The Department of State shall not deviate from funding levels
recommended in the amended bill and allocated in the following
table:
International Fisheries Commissions
[Budget authority, dollars in thousands]
Budget Authority Total
Inter-American Tropical Tuna Commission (IATTC)......... $1,800
Great Lakes Fishery Commission (GLFC)................... 16,763
Lake Champlain Program.............................. [700]
Pacific Salmon Commission (PSC)......................... 3,049
International Pacific Halibut Commission (IPHC)......... 2,810
Other Marine Conservation Organizations:
International Whaling Commission (IWC).............. 260
North Pacific Anadromous Fish Commission (NPAFC).... 140
International Commission for the Conservation of
Atlantic Tunas (ICCAT)............................ 270
Northwest Atlantic Fisheries Organization (NAFO).... 250
Commission for the Conservation of Antarctic Marine
Living Resources (CCAMLR)......................... 95
North Atlantic Salmon Conservation Organization
(NASCO)........................................... 50
International Council for the Exploration of the Sea
(ICES)............................................ 220
North Pacific Marine Science Organization (PICES)... 105
International Sea Turtle Conservation............... 140
Antarctic Treaty.................................... 50
Western and Central Pacific Fisheries Commission
(WCPFC)........................................... 410
Expenses of the US Commissioners.................... 115
--------------------------------------------------------
____________________________________________________
Subtotal, Other Marine Conservation
Organizations................................. 2,105
========================================================
____________________________________________________
Total, International Fisheries Commissions.. 26,527
Other
PAYMENT TO THE ASIA FOUNDATION
The amended bill provides $15,500,000 for Payment to the
Asia Foundation, instead of $15,000,000 as proposed by the
House and $16,000,000 as proposed by the Senate.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
The amended bill provides $875,000 for the Center for
Middle Eastern-Western Dialogue Trust Fund, as proposed by the
House and Senate.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
The amended bill provides $500,000 for the Eisenhower
Exchange Fellowship Program, as proposed by the House and
Senate.
ISRAELI ARAB SCHOLARSHIP PROGRAM
The amended bill provides $375,000 for the Israeli Arab
Scholarship Program, as proposed by the House and Senate.
EAST-WEST CENTER
The amended bill provides $19,500,000 for the East-West
Center, instead of $20,000,000 as proposed by the Senate. The
House did not include funding for this purpose.
NATIONAL ENDOWMENT FOR DEMOCRACY
The amended bill does not provide funding under this
heading for the National Endowment for Democracy (NED), and
instead provides funds under the ``Democracy Fund'' account, as
proposed by the Senate.
RELATED AGENCIES
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The amended bill provides $676,727,000 for International
Broadcasting Operations, instead of $671,632,000 as proposed by
the House and $662,727,000 as proposed by the Senate. Of this
amount, $12,000,000 is designated as an emergency pursuant to
section 5 preceding division A of this Act. The amended bill
includes funding for Broadcasting to Cuba under this heading,
as proposed by the House and Senate.
Funding under this heading should be allocated to the
following activities in the amounts designated in the table
below, subject to the requirements of section 619:
INTERNATIONAL BROADCASTING OPERATIONS
[Budget authority in thousands]
Budget Authority Total
Voice of America........................................ 194,093
Radio and TV Marti (Cuba)............................... 33,681
Engineering and Technical Services...................... 141,750
Agency Direction........................................ 28,933
Management.............................................. 48,974
Program Support......................................... 19,688
--------------------------------------------------------
____________________________________________________
Subtotal, IBB................................... 467,119
Independent Grantee Organizations:
Radio Free Europe/Radio Liberty..................... 80,471
Radio Free Asia..................................... 35,220
Middle East Broadcasting Networks................... 93,917
--------------------------------------------------------
____________________________________________________
Subtotal, IGO's................................. 209,608
========================================================
____________________________________________________
Total....................................... 676,727
The funding allocations for the International Broadcasting
Bureau, Radio Free Europe/Radio Liberty, and Radio Free Asia
restore the language services reductions in the fiscal year
2008 request, as proposed by the House and Senate.
The amended bill includes an additional $2,000,000 to
counter censorship efforts by Iran and China.
The allocations also include sufficient funds to carry out
the directives in House Report 110-197 regarding 24/7
streaming, archiving on Alhurra's Web site of all original
programs, and the random translation of up to 16 hours per week
of Alhurra's original programming by an independent entity.
The Appropriations Committees are concerned with recent
accounts of foreign government prohibition of independent
transmissions of television and radio broadcasts to Russia,
Burma, China, Iran, Venezuela, and Pakistan, and support
restoring shortwave and medium wave transmission to these
countries to ensure public access to a wide range of
information.
The Appropriations Committees endorse language contained in
House Report 110-197 and Senate Report 110-128 regarding
broadcasting into North Korea.
The Appropriations Committees direct that the Broadcasting
Board of Governors should increase support for broadcasting to
Burma.
BROADCASTING CAPITAL IMPROVEMENTS
The amended bill provides $10,748,000 for Broadcasting
Capital Improvements, as proposed by the House and Senate.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The amended bill provides $499,000 for salaries and
expenses of the Commission for the Preservation of America's
Heritage Abroad, as proposed by the House and Senate.
Commission on International Religious Freedom
SALARIES AND EXPENSES
The amended bill provides $3,300,000 for salaries and
expenses of the Commission on International Religious Freedom,
instead of $3,400,000 as proposed by the House and $3,000,000
as proposed by the Senate.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The amended bill provides $2,370,000 for salaries and
expenses of the Commission on Security and Cooperation in
Europe as proposed by the Senate, instead of $2,037,000 as
proposed by the House.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The amended bill provides $2,000,000 for salaries and
expenses of the Congressional-Executive Commission on the
People's Republic of China, as proposed by the House and
Senate.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The amended bill provides $4,000,000 for salaries and
expenses of the United States-China Economic and Security
Review Commission, as proposed by the House, instead of
$2,962,000 as proposed by the Senate.
The amended bill includes a proviso setting a limitation of
not more than $4,000 for official representation expenses,
instead of $5,000 as proposed by the House and $3,000 as
proposed by the Senate.
The amended bill includes a proviso requiring the
Commission to provide to the Appropriations Committees a
quarterly accounting of the cumulative balances of any
unobligated funds, as proposed by Senate. The House did not
include a similar provision.
The amended bill includes a proviso deeming the Commission
to be a Congressional committee for the purposes of Government
Printing Office printing and binding, as proposed by the House.
The Senate did not include a similar provision.
The amended bill includes a proviso relating to
compensation levels for the Commission's Executive Director, as
proposed by the House. The Senate did not include a similar
provision.
The amended bill includes a proviso changing the due date
for the Commission's Annual Report from June to December, as
proposed by the House. The Senate did not include a similar
provision.
The amended bill includes a proviso treating travel by
Commission members and staff under the same rules and
procedures that apply to travel by Members and staff of the
House of Representatives, as proposed by the House. The Senate
did not include a similar provision.
The amended bill does not include a proviso that repeals
the applicability to the Commission of the Federal Advisory
Committee Act, as proposed by House. The Senate did not include
a similar provision.
The amended bill includes a proviso requiring a report by
March 1, 2008 on how the Commission effectively addresses the
recommendations of the GAO's September 2007 audit report,
similar to language proposed by the Senate. The House did not
include a similar provision.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
The amended bill provides $150,000 for salaries and
expenses of the United States Senate-China Interparliamentary
Group as proposed by the Senate. The House did not propose
funding for this purpose.
United States Institute of Peace
OPERATING EXPENSES
The amended bill provides $25,000,000 for operating
expenses of the United States Institute of Peace (USIP) as
proposed by the Senate, instead of $26,000,000 as proposed by
the House.
The amended bill includes sufficient funding to
reconstitute the Iraq Study Group, also known as the Baker/
Hamilton Commission, to continue to assess United States
involvement in Iraq and to update the Commission's previous
recommendations. The USIP is directed to provide necessary
administrative support to this effort and report to the
Appropriations Committees not later than 90 days after
enactment of this Act on the Study Group's progress on this
effort.
GENERAL PROVISIONS--THIS TITLE
(Note: If the provision proposed by the House and Senate is
similar, except for a different section number, or minor
technical differences in language, the section is not addressed
in this explanatory statement. In addition, the amended bill
includes in each general provision the scope of its application
in this Act as proposed by the House, instead of by reference
as proposed by the Senate.)
Sec. 106. Senior Policy Operating Group
The amended bill includes a general provision carried in
prior years directing that the Senior Policy Operating Group on
Trafficking in Persons is to coordinate policies involving
international trafficking and prohibiting funds from being
expended that duplicate the coordinating responsibilities of
the Group, as proposed by the House. The Senate included no
similar provision.
Sec. 108. Consulting services
The amended bill includes a general provision proposed by
the House regarding the public availability of information
concerning certain consulting service contracts. The Senate
included no similar provision.
Sec. 109. Compliance with section 609
The amended bill includes a general provision prohibiting
funds appropriated under title I of this Act in contravention
of section 609 of the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations Act,
1999, relating to diplomatic or consular posts in Vietnam, as
proposed by the House, but under a modified heading. The Senate
included no similar provision.
Restriction on contributions to the United Nations
The amended bill includes language restricting
contributions to the United Nations if the United Nations
imposes any taxation on any United States persons in title VI
(sec. 602) of this Act, similar to the provision proposed by
the House (sec. 112) and to the provision proposed by the
Senate (sec. 108).
Sec. 111. Personnel actions
The amended bill includes the provision regarding personnel
actions as proposed by the Senate (sec. 109) and similar to
that proposed by the House (sec. 113).
Attendance at international conferences
The amended bill includes language regarding attendance at
international conferences in title VI (sec. 696) of this Act,
as proposed by the House (sec. 699M) and Senate (sec. 112).
There are technical modifications to this language.
Sec. 113. Peacekeeping assessment
The amended bill includes a provision similar to that
proposed by both the House (sec. 684) and Senate (sec. 113),
which amends the cap on assessed costs from 25 percent to 27.1
percent.
Sec. 114. Alhurra broadcasting
The amended bill includes a provision similar to that
proposed by the Senate prohibiting the availability of funds
for Alhurra broadcasting until the Secretary certifies and
reports to the Appropriations Committees that Alhurra does not
advocate on behalf of any organization that the Secretary
knows, or has reason to believe, engages in terrorist
activities, as proposed by the Senate. The House did not
include a similar provision.
Sec. 115. Department of State Inspector General
The amended bill includes a general provision directing the
Secretary of State to establish and maintain a direct link
between the Department of State's website and the website of
the Department of State's OIG and to establish and maintain on
the homepage of the OIG a mechanism by which individuals can
anonymously report cases of waste, fraud, and abuse, as
proposed by the Senate. The House included no similar
provision.
Sec. 116. Consular operations
The amended bill includes a general provision, similar to
section 120 proposed by the Senate, directing the Secretary of
State to establish limited consular operations in Iraq within
180 days of enactment of this Act. The Department of State is
directed to establish a process for conducting visa application
interviews in Iraq for designated categories of aliens who are
unable to travel to neighboring countries. In particular,
Iraqis who are targeted for their affiliation with the United
States (such as United States government direct hires or
contractors, personnel affiliated with non-governmental
organizations, or scholars) should be accommodated. The
Secretary of State shall consult regularly with the
Appropriations Committees on the implementation of this
provision and the additional resources required. The House
included no similar provision.
Sec. 117. International Boundary and Water Commission
The amended bill includes a new general provision regarding
the construction of secondary treatment capability on the
Tijuana River.
Sec. 118. Commission financial management
The amended bill includes a modified provision (sec. 118)
requiring the United States-China Economic Security Review
Commission to comply with Federal standards for performance
reviews and cash awards, similar to language proposed by the
Senate. The amended bill does not include an amendment to the
Commission's underlying authority to establish commissioners'
term limitations and also does not include a requirement to
conduct an annual financial audit, as proposed by the Senate.
Commission on Security and Cooperation in Europe
The amended bill does not include section 116 of the Senate
bill regarding funding for the ``Commission on Security and
Cooperation in Europe'' and the ``Diplomatic and Consular
Programs'' accounts. Funds for these activities are provided
under the appropriate headings in this title.
Cooperation with the Government of Mexico
The amended bill does not include a general provision,
without prejudice, proposed by the Senate regarding United
States cooperation with Mexico on border security, education on
immigration laws, and circular migration. In order to provide
more timely information directly relevant to the consideration
of future appropriations requests for Mexico, the
Appropriations Committees direct that the reporting required in
subsection (d) of the Senate amendment be submitted to the
Appropriations Committees not less than 90 days after enactment
of this Act, instead of 180 days, and that the report also
describe how the actions taken will address the underlying
causes of illegal immigration, drug trafficking and gang
violence, violence against women, human trafficking, and arms
smuggling.
The Appropriations Committees note that the administration
requested $500,000,000 in fiscal year 2008 emergency
supplemental assistance for counterdrug and rule of law
programs in Mexico, and regret that the Department of State
failed to adequately consult with Congress prior to submitting
this budget amendment.
Report regarding use of levees
The amended bill does not include, without prejudice, a
general provision proposed by the Senate (sec. 118) requiring
the United States Commissioner of the International Boundary
and Water Commission to submit a report regarding certain levee
uses. The Appropriations Committees direct that the
Commissioner shall comply with this reporting requirement.
E-Government Initiatives
The amended bill does not include, without prejudice, a
general provision proposed by the House on E-Government
Initiatives. The Appropriations Committees direct that funds
made available by title I that are used to implement E-
Government initiatives should be subject to the procedures set
forth in section 615 of this Act.
TITLE II--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The amended bill provides $1,000,000 for the Inspector
General, as proposed by the House and Senate.
SUBSIDY APPROPRIATION
The amended bill provides $68,000,000 for the Subsidy
Appropriation, as proposed by the House and Senate.
The amended bill includes a provision proposed by the House
and Senate that directs that not less than 10 percent of the
authority available to the Export-Import Bank should be used
for renewable energy and environmentally beneficial products
and services. The provision applies this requirement to funding
provided in this Act, rather than to this and prior Acts as
proposed by the House and Senate.
ADMINISTRATIVE EXPENSES
The amended bill provides $78,000,000 for Administrative
Expenses, as proposed by the House and Senate.
RECEIPTS COLLECTED
The amended bill includes a new account, Receipts
Collected, as proposed by the Senate. The House included no
similar account.
The amended bill includes a provision as proposed by the
Senate that allows the Export-Import Bank to offset expenses
with collected receipts (reduce on a dollar-for-dollar basis to
result in a final fiscal year appropriation from the General
Fund estimated at $0). The Export-Import Bank shall continue to
provide timely information to the Appropriations Committees
about its programs, and this new authority shall not be
interpreted to reduce the Export-Import Bank's accountability
to the Congress.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The amended bill provides $47,500,000 for administrative
expenses, as proposed by the House and Senate.
PROGRAM ACCOUNT
The amended bill provides $23,500,000 for the Program
Account, instead of $20,000,000 as proposed by the House and
$29,000,000 as proposed by the Senate.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
The amended bill provides $50,400,000 for the Trade and
Development Agency, as proposed by the House and Senate.
TITLE III--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
GLOBAL HEALTH AND CHILD SURVIVAL
(INCLUDING TRANSFER OF FUNDS)
The amended bill includes a consolidated health account,
entitled ``Global Health and Child Survival,'' similar to that
proposed by the Senate instead of ``Child Survival and Health
Programs Fund'' as proposed by the House. This account includes
a total of $6,543,150,000 for global health activities,
including $1,843,150,000 to be apportioned directly to the
United States Agency for International Development (USAID) and
$4,700,000,000 to be apportioned directly to the Department of
State for the Office of the Global AIDS Coordinator (OGAC).
Within the total, $115,000,000 is designated an emergency
pursuant to section 5 preceding division A of this Act.
The Appropriations Committees intend this account to
clarify overall United States Federal government spending on
global health programs, and in no way is the consolidated
health account intended to change the authorities or
implementation of global health programs. The Department of
State should present funding for global health in a unified
global health account in the fiscal year 2009 budget request.
The Appropriations Committees endorse language in House
Report 110-197 regarding USAID's annual report on programs and
activities carried out under this heading, which is to be
submitted and made publicly available not later than September
30, 2008. USAID is to consult with the Appropriations
Committees on additional reporting requirements.
The Appropriations Committees endorse language in House
Report 110-197 regarding USAID's child survival and maternal
health portfolio. USAID is to consult with the Appropriations
Committees on additional reporting requirements. The amended
bill clarifies the types of programs that can be funded through
this account as proposed by the House and Senate.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Global Health and Child Survival
[Budget authority in thousands]
Budget Authority Total
USAID Child Survival and Maternal Health................ 450,150
USAID Vulnerable Children............................... 15,000
USAID Infectious Diseases............................... 633,000
Tuberculosis........................................ [153,000]
Malaria............................................. [350,000]
Avian Influenza..................................... [115,000]
Neglected Tropical Diseases......................... [15,000]
USAID Family Planning/Reproductive Health............... 395,000
USAID HIV/AIDS.......................................... 350,000
DOS HIV/AIDS............................................ 4,700,000
Global Fund to Fight AIDS, Tuberculosis, and Malaria [550,000]
--------------------------------------------------------
____________________________________________________
Total........................................... 6,543,150
The amended bill provides a total of $450,150,000 for child
survival and maternal health programs, instead of $450,000,000
as proposed by the Senate, and $374,150,000 as proposed by the
House.
Of the funding provided for child survival and maternal
health programs, $72,500,000 is provided for the GAVI Fund,
instead of $70,000,000 as proposed by the House and $75,000,000
as proposed by the Senate.
Of the funding provided for child survival and maternal
health programs, $20,000,000 is provided for programs to reduce
Vitamin A deficiency and $2,000,000 is provided for programs to
address iodine deficiency, implementation of the program for
blind children, and local HIV/AIDS media programs, as proposed
in Senate Report 110-128.
Of the funding provided for vulnerable children, $1,850,000
is provided for childhood blindness programs, instead of
$1,800,000 as proposed by the House and $1,900,000 as proposed
by the Senate.
The amended bill provides $633,000,000 for other infectious
diseases, instead of $641,000,000 as proposed by the House and
$724,675,000 as proposed by the Senate.
The amended bill provides $153,000,000 for tuberculosis
control as proposed by the House instead of $200,000,000 as
proposed by the Senate. Of this amount, $15,000,000 shall be
used for the Global Tuberculosis Drug Facility as proposed by
the Senate.
The amended bill provides $350,000,000 for malaria control
as proposed by the House instead of $355,005,000 as proposed by
the Senate.
The amended bill provides $32,000,000 for polio programs,
as proposed by the House and Senate.
The amended bill provides $115,000,000 for programs to
combat avian influenza. Of this amount, $15,000,000 is provided
to enhance the preparedness of militaries in Asia and Africa to
respond to an avian influenza pandemic. USAID shall consult
with the Appropriations Committees on proposed activities prior
to the initial obligation of funds.
The amended bill provides $15,000,000 for neglected
diseases as proposed by the House, instead of $18,000,000 as
proposed by the Senate.
The amended bill provides $350,000,000 for USAID's HIV/AIDS
programs as proposed by the House and Senate. Of this funding,
$45,000,000 is provided for microbicides research, as proposed
by the House and Senate.
The amended bill provides $395,000,000 for family planning/
reproductive health within the funds available under this
heading as proposed by the Senate, instead of $375,000,000 as
proposed by the House.
The amended bill does not include language proposed by the
Senate regarding restrictions on family planning, abortion, and
the purchase of condoms.
The amended bill includes the reporting requirement as
proposed by the House.
The amended bill provides $4,700,000,000 for global HIV/
AIDS programs to be apportioned to the Department of State as
proposed by the Senate. The House provided this funding under
the ``Global HIV/AIDS Initiative'' and the ``Child Survival and
Health Programs Fund'' headings. The Appropriations Committees
intend for this funding to be implemented by OGAC. Of this
amount, $35,000,000 is provided for a United States
contribution to the United Nations AIDS program (UNAIDS) and
$13,000,000 is provided for administrative expenses of the
Office of the Global AIDS Coordinator as proposed by the
Senate.
The amended bill provides $550,000,000 for a United States
contribution to the Global Fund, as proposed by the House
instead of $590,000,000 as proposed by the Senate. The House
proposed funds in two separate accounts.
OGAC is directed to provide not less than $100,000,000 for
programs that address short-term and long-term approaches to
food security as components of a comprehensive approach to
fighting HIV/AIDS, and is encouraged to support programs that
address the development and implementation of nutrition
support, guidelines, and care services for people living with
HIV/AIDS.
OGAC is directed to provide not less than $150,000,000 for
joint HIV/TB programs.
The amended bill does not include language proposed by the
Senate that requires a health care workforce strategy for each
country. OGAC should support efforts to train health care
workers, including doctors, nurses, and community health
professionals. Training programs should be continued and
expanded, including pediatric training. OGAC should submit a
report to the Appropriations Committees not later than 90 days
after enactment of this Act describing plans for health care
worker training in fiscal year 2008 and how this training will
improve overall public health programs in the 15 focus
countries.
The amended bill includes a provision related to HIV/AIDS
prevention programs under this heading as proposed by the
Senate, rather than under the ``Global HIV/AIDS Initiative''
heading as proposed by the House.
The amended bill provides not less than fiscal year 2007
allocations under the ``Child Survival and Health Programs
Fund'' heading for Cambodia, Philippines, Vietnam, Asia and
Near East Regional, and Regional Development Mission/Asia from
amounts allocated to USAID under this heading.
DEVELOPMENT ASSISTANCE
The amended bill provides $1,636,881,000 for Development
Assistance, instead of $1,733,760,000 as proposed by the House
and $1,455,000,000 as proposed by the Senate.
The amended bill provides a total of $700,000,000 for basic
education, of which $400,000,000 is from this account instead
of $519,000,000 as proposed by the House. The Senate did not
include a similar provision. USAID is directed to provide an
increase above the budget request for basic education programs
in Ethiopia. The amended bill includes modified language in
section 664 to establish the Coordinator for basic education
programs, as proposed by the House.
The amended bill provides $15,000,000 for women's
leadership capacity programs, instead of $35,000,000 as
proposed by the House. The Senate did not include a similar
provision. The amended bill provides that $10,000,000 may be
used for a fund that enhances economic opportunities for poor,
very poor, and low-income women. The House and Senate did not
include a similar proviso.
The amended bill provides $75,000,000 for programs that
directly address the needs of Afghan women and girls. The
Department of State and USAID are directed to give preferential
attention to improving the livelihood and status of Afghan
women, including women who have overcome discrimination and
other cultural disadvantages to achieve positions of
leadership, such as teachers, lawyers, health workers, judges,
and members of Parliament. The Department of State and USAID
are directed to ensure that eligible women receive the
opportunity to participate in all training programs, and to
target the use of reconstruction funds to improving facilities
where women work, such as courtrooms.
The amended bill provides $43,000 to monitor assistance
programs for displaced and orphaned children and victims of war
as proposed by the Senate instead of $42,500 as proposed by the
House.
The amended bill provides $245,000,000 for microfinance and
microenterprise development programs for the poor, especially
women. As required by section 251(c) of the Foreign Assistance
Act of 1961, USAID is to target half of all microfinance and
microenterprise funds to the very poor. Fifty percent of the
funds made available should be grants to private NGOs,
networks, and practitioner institutions, and $30,000,000 should
be provided to USAID's Office of Microenterprise through a
central funding mechanism for contracts, cooperative
agreements, and grants. Of the total, $20,000,000 should be
used for microfinance service providers working with people
infected and affected by HIV/AIDS.
The amended bill provides $28,000,000 for Collaborative
Research Support Programs, as proposed by the House instead of
$29,000,000 as proposed by the Senate.
The Appropriations Committees endorse language in Senate
Report 110-128 providing $750,000 to support USAID activities
underway with the Food Aid Quality Enhancement Program to
improve food aid product quality and nutrient delivery,
consistent with the authority in 7 U.S.C. section 1736g-
2(a)(2)(c). The House did not include a similar provision.
The amended bill provides $22,500,000 for the American
Schools and Hospitals Abroad program, instead of $23,000,000 as
proposed by the House and $22,000,000 as proposed by the
Senate.
The amended bill provides not less than $300,000,000 from
all accounts in this Act for long-term safe drinking water and
sanitation supply projects, including water management related
to safe drinking water and sanitation, to be expended in
accordance with the Senator Paul Simon Water for the Poor Act
of 2005 (P.L. 109-121). This funding should be provided to high
priority countries that are selected based on the criteria in
P.L. 109-121. Of this amount, not less than $150,000,000 should
be from the ``Development Assistance'' account and of the total
$125,000,000 should be made available for programs and
activities in sub-Saharan Africa. The funding appropriated
under the heading ``International Disaster Assistance'' should
be used for international disaster relief, rehabilitation, and
reconstruction assistance and USAID is discouraged from using
that account for long-term safe drinking water and sanitation
supply projects.
The amended bill includes a House provision related to
gender-based violence. USAID is directed to fund programs and
activities that provide education and training for livelihoods;
support to affected children and families, including for
children who accompany a family member to a medical facility;
enhanced security for vulnerable populations; and comprehensive
gender-based violence prevention education and training. These
programs should be coordinated with health programs funded
through the ``Global Health and Child Survival'' account that
develop sustainable health systems, including training more
healthcare workers in midwifery; psychological services; and
support to medical facilities treating victims of violence. The
Senate did not include a similar provision.
USAID is directed to provide $12,000,000 for the
cooperative development programs within the Office of Private
and Voluntary Cooperation as proposed by the Senate. The House
did not include a similar provision.
USAID is directed to provide $195,000,000 for programs that
promote energy efficiency, and renewable and cleaner technology
as proposed by the Senate. The House included a similar
recommendation.
USAID is directed to provide no less than the fiscal year
2007 funding levels for Western Hemisphere country programs
rather than fiscal year 2006 funding levels as proposed by the
House and Senate.
USAID is directed to provide not less than the funding
levels for Afghanistan, the Democratic Republic of the Congo,
Liberia, Pakistan, and Sudan under this heading in House Report
110-197. The Senate did not include a similar provision.
The amended bill includes $195,000,000 for biodiversity
conservation programs and activities, as proposed by the Senate
instead of $175,000,000 as proposed by the House. The
Appropriations Committees note that USAID has not always
disbursed biodiversity funds in a strategic way that targets
the most urgent threats to global biodiversity loss. The USAID
Administrator is directed to submit a report to the
Appropriations Committees not later than 90 days after
enactment of this Act, describing the key threats to
biodiversity that USAID plans to address in fiscal year 2008,
targeted countries, proposed funding levels, proposed
recipients, and specific benchmarks for success. The report
should also include an analysis and assessment of the impact of
USAID's programs on local communities, wildlife, and fauna and
how USAID intends to address these impacts.
Funding is provided for the Amazon Basin Conservation
Initiative as proposed in Senate Report 110-128, and additional
funding should be provided to support conservation activities
through organizations that work to build the capacity of
indigenous communities to manage and protect their reserves,
particularly on-going programs in Brazil.
The Appropriations Committees endorse language in House
Report 110-197 encouraging USAID to establish an institute for
agriculture and natural resource management in southern Sudan,
which should be named after the late John Garang de Mabior. The
Senate did not include a similar provision.
USAID should implement a program to encourage the return of
the Sudanese Lost Boys and Lost Girls to southern Sudan as
outlined in House Report 110-197, but for a period of return of
three years, instead of five years. The Senate did not include
a similar provision.
USAID is directed to provide $14,000,000 for the Patrick
Leahy War Victims Fund, for medical and rehabilitation
assistance, vocational, and other training for persons who are
disabled as a result of armed conflict. USAID is urged to
convene workshops and meetings to promote the exchange of
conceptual approaches, experience, and best practices among
private voluntary organizations, community activists, business
enterprises, and government entities involved in community
development on behalf of persons who have been disabled and
disadvantaged as a result of war. USAID has supported
innovative income generating projects involving such persons in
need in Lebanon and other countries, and is directed to
allocate additional funds so these experiences can be shared
and replicated.
The amended bill provides not less than the fiscal year
2007 allocations for Cambodia, the Philippines, Vietnam, Asia
and Near East Regional, and Regional Development Mission/Asia
under this account.
The Appropriations Committees support language as proposed
by House Report 110-197 and Senate Report 110-128 for a
competitive university grants program. USAID should consider
the following proposals:
Alabama A&M University to research ion surface-
processing in collaboration with Ege University in
Turkey;
Ava Marie University's Nicaragua branch to improve
their library;
Azusa Pacific University to establish a Masters of
Arts program in Transformation Urban Leadership in
India;
Brandeis University to fund the International Center
for Democracy and Governance;
Cal Arts' Life Matters Media Center APEX;
CAMERA Center for Educational Excellence to use
university expertise to elevate the condition of the
Caribbean people;
DeKalb International Training Center for training
student athletes from newly emerging democracies;
EARTH University Foundation to train leaders in small
business in Latin America, Africa, and Asia;
Fordham University Law School to train foreign
officials and judges in rule of law;
Franklin Pierce University in conjunction with the
Luhansk National Pedagogical University in Ukraine for
business education;
Georgetown University School of Law's International
Law Institute to expand an international exchanges
program on the judiciary and court systems in
developing countries;
Georgia State University to establish advanced degree
programs in partnership with Georgian, Azerbaijani, and
Ukrainian universities;
Highline Community College for a partnership program
with several colleges in South Africa and Namibia;
Indiana University at Bloomington to establish a
database of Burmese human rights abuses;
Iowa State University to establish a program to
reduce poverty in Mexico;
LaRoche College's Pacem In Terris program to provide
educational opportunities to students from Africa;
Loma Linda University, California, to expand its
medical education and health care programs in
developing countries, including the refurbishment of
the Wazir Akbar Khan Hospital in Kabul, Afghanistan;
Louisiana State University Law Center to establish
the Louisiana State University/Latin American
Commercial Law Program;
Marquette University to support the Les Aspin Center
to train Liberian government and civil society leaders;
Monmouth University Department of Social Work to
assist in establishing a long-term, school-based Social
Work Initiative for children in Ghana;
Monmouth University to support social work in Ghana
focusing on anti-trafficking activities;
Monmouth University in conjunction with the
University of Ghana, to increase primary school
enrollment and performance;
New Mexico State University Intercultural
Communication and Conflict Science Initiative;
New Mexico State University to facilitate on-line
communication between American and Mexican students, as
well as Israeli and Palestinian students, concerning
issues of mutual interest;
New School: India China Institute to engage in a
comprehensive study regarding the growing migration
crisis in China and India;
Northeastern University to support the Athletes for
Human Rights initiative;
Ohio Wesleyan University to maintain international
scholastic cooperation;
South Dakota School of Mines and Technology, the
India Sri Ramakrishna Engineering College, and the Sri
Ramakrishna Institute of Technology to support
collaboration;
State University of New York College of Technology at
Delhi to support the Nurse Education and Training
Program for the Republic of Georgia;
Temple University to expand the criminal law
procedure program with Tsinghua University;
Texas A&M University to lead a consortium of
universities to assist the government of Afghanistan to
develop an agricultural extension service;
Texas A&M University and other partnering
universities for the Norman E. Borlaug International
Science and Technology Fellows Program;
Texas A&M University to expand a criminal justice
research and training effort for the prevention of
cross-border criminal activities;
University of Alabama to create an industry-oriented
Central American regional export association;
University of Alabama to establish a pilot program
which will promote Central American food products in
foreign markets and increase exports;
University of Arizona to implement the International
Arid Lands Consortium;
University Business Education Partnership to build a
partnership with universities in the Republic of
Georgia, Azerbaijan, and the Ukraine;
University of California affiliated with the American
University of Armenia;
University of Hawaii at Honolulu to establish the
first Global Non-Killing Leadership Forum;
University of Hawaii at Manoa to establish an
American Development Center;
University of Hawaii at Manoa in conjunction with
universities in Northern Iraq and in the United States
to train a diverse cadre of workers in Iraq in
technical skills to promote reconstruction and self-
sufficiency;
University of Iowa to support the Center for Digital
Communications in Development and Education's WiderNet
Project to improve primary and secondary education in
Africa;
University of Iowa to train teachers and educational
administrators in Timor-Leste;
University of Kentucky for coal mine safety programs
in the former Soviet Union;
University of Kentucky's College of Law for programs
in the former Soviet Union, East and South Asia, Latin
America, and elsewhere;
University of Kentucky in conjunction with Indonesian
universities, to further economic development in
Indonesia;
University of Massachusetts to support programs that
assist countries with developing democracies establish
sound legal systems;
University of Miami to continue a collaborative
initiative to improve child health in Ukraine;
University of Missouri at Columbia to apply
biotechnology to grain legumes to improve nutrition in
Vietnam;
University of Nebraska at Lincoln to develop a joint
program with the Gimlekollen School of Journalism &
Communication in Norway and the Government of Norway to
train journalists from Ethiopia and Kosovo;
University of Nebraska at Omaha for a community-based
education program to provide teacher and vocational
training in Afghanistan;
University of Nebraska at Omaha for a community-based
education project in Afghanistan, and a proposal to
support the Afghanistan Young Leaders Program;
University of Notre Dame to continue work to
eliminate lymphatic filariasis in Haiti;
University of Southern California Annenberg School to
examine how Arab youth obtain the information that
shapes their lives and world views;
University of Texas at San Antonio to develop a model
program that focuses on youthful audiences that will
learn and teach their peers how to engage in strategic
and constructive peaceful dialogue;
Utah State University in conjunction with Texas A&M
University, to develop an irrigation research,
education, and training program in the Middle East;
Utah Valley State College to establish an AIDS
Awareness and Action Center to work in Ghana;
Virginia Polytechnic Institute to provide
agricultural and natural resource technical support to
institutes of higher learning in South Sudan;
Western Kentucky University for the continued funding
of an international journalist training program; and
Western Kentucky University to address environmental
health issues in China.
INTERNATIONAL DISASTER ASSISTANCE
The amended bill provides $432,350,000 for International
Disaster Assistance, instead of $322,350,000 as proposed by the
House and Senate, of which $110,000,000 is designated an
emergency pursuant to section 5 preceding division A of this
Act.
The amended bill includes additional funds above both the
House and Senate levels to support the growing humanitarian
needs of persons affected by violence in Iraq and to ensure
sufficient resources are available to rapidly provide relief,
rehabilitation, and reconstruction assistance to countries
affected by natural and man-made disasters.
The amended bill includes the heading ``International
Disaster Assistance,'' as proposed by the Senate. The House had
included the heading carried in prior years, ``International
Disaster and Famine Assistance.''
The Appropriations Committees endorse language in House
Report 110-197 regarding a pilot study to evaluate the relative
advantages of purchasing local food commodities.
TRANSITION INITIATIVES
The amended bill provides $45,000,000 for Transition
Initiatives, instead of $40,000,000 as proposed by the House
and $50,000,000 as proposed by the Senate.
The amended bill includes a provision that allows a
transfer of $15,000,000 to provide transition assistance as
proposed by the Senate. The House did not include a similar
provision.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $8,160,000 for the administrative
expenses of the Development Credit Authority, instead of
$7,400,000 as proposed by the House and $8,920,000 as proposed
by the Senate. In addition, $21,000,000 is provided by transfer
for programs, as proposed by the House and Senate.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $655,800,000 for Operating
Expenses of USAID, instead of $625,700,000 as proposed by the
House and $645,700,000 as proposed by the Senate. Within the
total, $20,800,000 is designated an emergency pursuant to
section 5 preceding division A of this Act.
The amended bill includes the provision related to opening,
closing or reducing the size of an overseas mission, as
proposed by the Senate. The House included a similar provision.
The amended bill does not include the provisions related to
the leasing of office space as proposed by the House. The
Senate did not include similar provisions.
CAPITAL INVESTMENT FUND OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
The amended bill provides $88,000,000 for USAID's Capital
Investment Fund, instead of $87,300,000 as proposed by the
House and $90,508,000 as proposed by the Senate.
USAID shall provide a spending plan to the Appropriations
Committees not later than 60 days after enactment of this Act
as to the allocation of this funding.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT OFFICE OF INSPECTOR GENERAL
The amended bill provides $38,000,000 for Operating
Expenses of the USAID Office of Inspector General, the same as
proposed by the House and Senate.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $2,994,823,000 under the Economic
Support Fund heading, instead of $2,668,206,000 as proposed by
the House and $3,015,000,000 as proposed by the Senate. Of this
amount, $542,568,000 is designated an emergency pursuant to
section 5 preceding division A of this Act for urgent
assistance requirements in the West Bank, North Korea, Jordan,
and Afghanistan.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Economic Support Fund
[Budget Authority in thousands of dollars]
Country/Program Budget Authority Total
Africa
Democratic Republic of the Congo.................... $19,000
Liberia............................................. 43,545
Sierra Leone (Special Court)........................ 12,500
Sudan............................................... 101,700
East Asia and the Pacific
Burma............................................... 13,000
Cambodia............................................ 15,000
Indonesia........................................... 65,000
North Korea......................................... 53,000
Philippines......................................... 28,000
Tibet/China......................................... 5,000
Democracy Training and Education................ [250]
Timor-Leste......................................... 17,000
Vietnam............................................. 10,700
Europe and Eurasia
Cyprus.............................................. 11,000
Irish Visa Program.................................. 1,000
Near East
Egypt............................................... 415,000
Iran................................................ 21,800
Jordan.............................................. 363,547
Lebanon............................................. 45,000
Scholarships for American Ed. Institutions...... [10,000]
Morocco............................................. 16,500
Tunisia............................................. 2,000
West Bank/Gaza...................................... 218,500
Middle East Partnership Initiative.................. 55,000
Scholarships.................................... [7,000]
Iraqi Scholars.................................. [10,000]
Middle East Regional Cooperation.................... 5,000
South Asia
Afghanistan......................................... 543,000
Women and Girls..................................... [75,000]
Afghan Civilian Assistance.......................... [10,000]
India............................................... 3,000
Nepal............................................... 9,500
Women in Parliament and Civil Society........... [2,000]
Pakistan............................................ 350,000
Human Rights, Rule of Law, and Democracy
Programs...................................... [15,000]
Western Hemisphere
Bolivia............................................. 17,000
Colombia............................................ 196,000
Cuba................................................ 45,700
Dominican Republic.................................. 15,000
Ecuador............................................. 6,000
Guatemala........................................... 12,000
Anti-violence Programs.......................... [1,000]
International Commission Against Impunity in
Guatemala..................................... [4,000]
Haiti............................................... 68,394
Justice Reform Activities....................... [1,000]
Watershed Restoration........................... [5,000]
Mexico.............................................. 12,000
Peru................................................ 30,000
Labor and Environment........................... [6,000]
Trade Capacity Building............................. 10,000
Global
Disability Programs................................. 4,000
East Asia and the Pacific Environment Program....... 2,500
Extractive Industries Transparency.................. 3,000
East Europe and the Independent States--Title VIII
Program........................................... 5,000
Forensic Assistance................................. 5,000
House Democracy Assistance program.................. 2,000
Kimberley Process................................... 3,000
Marla Ruzicka Fund.................................. 5,000
Reconciliation Programs............................. 25,000
Middle East..................................... [9,000]
Trafficking in Persons.............................. 12,000
Wheelchairs......................................... 5,000
--------------------------------------------------------
____________________________________________________
Total....................................... 2,926,886
The amended bill provides not less than $415,000,000 for
assistance for Egypt, as proposed by the House and Senate. Of
this amount, $135,000,000 shall be for project assistance, of
which not less than $20,000,000 is for democracy, human rights,
and governance programs and not less than $50,000,000 is for
education programs, including $10,000,000 for scholarships for
Egyptian students with high financial need. Similar language
and directives were proposed by the House and Senate.
The amended bill provides $11,000,000 for assistance for
Cyprus, to be used only for certain purposes, similar to
language proposed by the House and Senate.
The amended bill provides $363,547,000 for assistance for
Jordan the same as proposed by the Senate, instead of
$263,547,000 as proposed by the House. In addition, the amended
bill authorizes up to $40,000,000 of the assistance for Jordan
to be transferred to funds appropriated by this Act under the
heading ``Debt Restructuring'' for reducing or cancelling
amounts owed to the United States or any agency of the United
States by the Hashemite Kingdom of Jordan. The Appropriations
Committees endorse language in Senate Report 110-128 regarding
the uses of additional assistance for Jordan.
The amended bill provides $218,500,000 for assistance for
the West Bank and Gaza, of which $2,000,000 may be used for
administrative expenses of USAID to facilitate program
implementation. The amended bill also includes new language
establishing strict conditions on the use, fiscal management,
and audit requirements of any funds made available under this
heading for cash transfer assistance to the Palestinian
Authority and makes the cash transfer assistance subject to the
regular notification procedures of the Appropriations
Committees.
The amended bill provides $45,000,000 for assistance for
Lebanon, of which not less than $10,000,000 should be made
available for scholarships and support of American educational
institutions in Lebanon, as proposed by the House and Senate.
The amended bill provides $500,000 for United States Forest
Service's forest management and wildlife conservation programs
in Lebanon.
The amended bill provides that not more than $300,000,000
of the funds available for Afghanistan under this heading may
be obligated for assistance until the Secretary of State
certifies that the Government of Afghanistan is cooperating
fully with United States poppy eradication and interdiction
efforts in Afghanistan or unless the Secretary waives the
application of the proviso if the Secretary determines and
reports that it is in the national security interests of the
United States, as proposed by the House. The Senate did not
include a similar provision.
The amended bill includes language similar to that proposed
by the House, which provides not less than $196,000,000 to
carry out alternative development/institution building and
sustainable development programs in Colombia. Of this amount:
up to $15,000,000 may be made available for economic
development activities in Afro-Colombian and indigenous
communities; not less than $5,000,000 shall be made available
to protect biodiversity in Colombia's national parks and
indigenous reserves; not less than $1,700,000 shall be made
available to the Organization of American States mission to
monitor the demobilization and reintegration of former
combatants in Colombia; and not less than $300,000 is available
to the Inter-American Commission on Human Rights to conduct
monitoring of the demobilization process. The amended bill
directs that the assistance for Colombia shall be apportioned
directly to USAID and may be transferred and merged with funds
under the heading ``Development Assistance.'' The
Appropriations Committees direct that the responsibility for
deciding the activities to be funded, the funding levels and
policy decisions concerning the program shall be the
responsibility of the USAID Administrator in consultation with
the Assistant Secretary of State for International Narcotics
and Law Enforcement Affairs.
The amended bill provides that up to $1,000,000 may be
available for administrative expenses of USAID to help carry
out the assistance programs in the Democratic Republic of
Timor-Leste, as proposed by the Senate. The House included a
similar provision.
The amended bill includes language providing the authority
to carry out certain assistance for the Central Highlands of
Vietnam, similar to language proposed by both the House and
Senate.
The amended bill includes a provision subjecting any funds
that are made available for a Middle East Financing Facility,
Middle East Enterprise Fund, or any other similar entity in the
Middle East to the regular notification procedures of the
Appropriations Committees, as proposed by the House and Senate.
The amended bill includes funding for programs to promote
democracy and human rights in North Korea under the heading
``Democracy Fund'' and not under this heading, as proposed by
the Senate.
The amended bill provides $53,000,000 for energy-related
assistance for North Korea, subject to the regular notification
procedures of the Appropriations Committees.
The Appropriations Committees direct USAID to provide up to
$74,900,000 for global health and child survival programs under
this heading, of which $20,700,000 is for child survival and
maternal health; $47,200,000 is for family planning/
reproductive health; $4,000,000 is for HIV/AIDS; $500,000 is
for tuberculosis; and $2,500,000 is for malaria programs.
The amended bill provides not less than $5,000,000 for
wheelchair programs in developing countries. The funding for
wheelchair programs shall be allocated through a fully open and
competitive process based on merit.
The Appropriations Committees support the use of prior year
funds, as proposed by the House, to assist religious minorities
in the Nineveh Plain region of Iraq, and direct that prior to
the obligation of funds, the Department of State consult with
ethno-religious minorities and locally-elected representatives
to identify Iraq-based non-governmental organizations to
implement these programs.
The Appropriations Committees are concerned about the
threat to the existence of Iraq's most vulnerable minorities,
particularly the Assyrian/Chaldean/Syriac Christians, who are
confronting ethno-religious cleansing in Iraq. The
Appropriations Committees expect the Department of State and
USAID to designate a point person within the Department to
focus, coordinate, and improve United States Government efforts
to provide for these minorities' humanitarian, security, and
development needs.
USAID and the United States Forest Service should continue
to collaborate with Greece to improve wild land fire management
and emergency management.
The amended bill provides $5,000,000 for programs to locate
and identify persons missing as a result of armed conflict and
violations of human rights, to be administered by the Bureau
for Democracy, Human Rights and Labor, Department of State
(DRL). The Department of State shall use these funds for
equipment and training for forensic teams involved in
investigations of war crimes, crimes against humanity, and
genocide. The House did not include a similar provision.
The amended bill does not include language proposed by the
Senate providing not more than $500,000 should be made
available for the Department of Energy's National Nuclear
Security Administration to support initiatives relating to
North Korea. The Department of State is directed to make
$500,000 available for this purpose.
The amended bill does not include funding for the Asia
Pacific Partnership in fiscal year 2008.
The amended bill provides $13,000,000 for assistance for
democracy and humanitarian programs in Burma and along the
Thai-Burma border. The Appropriations Committees condemn the
State Peace and Development Council's brutal crackdown on
democracy and other activists in Burma, and request the
Department of State to consult on the uses of funds provided
above the fiscal year 2007 enacted level.
The Appropriations Committees endorse language in Senate
Report 110-128 regarding corrupt Cambodian officials and
Presidential Proclamation 7750. As in previous years, the
Appropriations Committees direct that $15,000,000 for
assistance for Cambodia shall be made available to support
democracy, the rule of law, and human rights in Cambodia,
including for democratic political parties.
The Appropriations Committees recommend that funds provided
to support democracy and human rights in Iran should also be
used to support groups, organizations, and individuals in the
Middle East who adhere to democratic principles and who may
counter in a nonviolent manner the meddling of Iran in the
domestic political affairs of neighboring countries. The
Appropriations Committees direct that the Director of United
States Foreign Assistance shall have responsibility for the
programmatic and financial oversight of Iran programs
implemented by the Bureau of Near Eastern Affairs at the
Department of State.
The amended bill provides $350,000,000 for assistance for
Pakistan, of which $15,000,000 is for human rights and
democracy programs. The Appropriations Committees note that up
to $50,900,000 is available for assistance for Pakistan under
the ``Development Assistance'' heading.
The amended bill provides $10,000,000 to rescue scholars in
Iraq. The Department of State is directed to consult with the
Appropriations Committees on the uses of these funds, including
to continue existing programs and to expand placement
opportunities for scholars in the region.
The amended bill provides not less than $28,000,000 for
assistance for the Philippines, instead of $20,000,000 as
proposed by the House and $30,000,000 as proposed by the
Senate.
The amended bill provides not less than $10,700,000 for
assistance for Vietnam as proposed by the Senate, instead of
$5,000,000 as proposed by the House, to support a wide range of
ongoing programs.
The amended bill provides not less than $9,500,000 for
assistance for Nepal. These funds are to be used to support
implementation of the peace agreement, including democratic
elections, training, and capacity building to promote the role
of women in Parliament and civil society, and to provide
economic opportunities for Nepal's rural poor.
The amended bill provides $5,000,000 for the fund
established by section 2108 of Public Law 109-13, the Marla
Ruzicka Iraqi War Victims Fund, as proposed by the Senate. The
House did not include a similar provision. This fund is
administered by USAID.
The amended bill provides not less than $3,000,000 for a
United States contribution to the Extractive Industries
Transparency Initiative Trust Fund, as proposed by the Senate
instead of $1,000,000 as proposed by the House.
The amended bill provides not less than $3,000,000 to
support implementation of the Kimberley Process Certification
Scheme, with an emphasis on support for regional efforts to
combat cross-border smuggling and for monitoring by civil
society groups, as proposed by the Senate. The House included
no similar provision.
The amended bill provides $5,000,000 to support USAID's
watershed reforestation program to stabilize Haiti's fragile
hillsides and support sustainable agriculture.
INTERNATIONAL FUND FOR IRELAND
The amended bill provides $15,000,000 for the International
Fund for Ireland, as proposed by the House. The Senate did not
include funding for this program.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
The amended bill provides $295,950,000 for Assistance for
Eastern Europe and the Baltic States, instead of $297,332,000
as proposed by the House and $294,568,000 as proposed by the
Senate.
The Appropriations Committees direct USAID to provide up to
$2,400,000 for global health and child survival under this
account, of which $700,000 is for child survival and maternal
health, and $1,700,000 is for family planning/reproductive
health programs.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Assistance for Eastern Europe and the Baltic States
[Budget authority, dollars in thousands]
Budget Authority Total
Albania................................................. $18,000
Bosnia and Herzegovina.................................. 28,000
Kosovo.................................................. 148,000
Macedonia............................................... 22,000
Montenegro.............................................. 8,000
Serbia.................................................. 54,000
Europe, Regional........................................ 17,950
--------------------------------------------------------
____________________________________________________
Total............................................... 295,950
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
The amended bill provides $399,735,000 for Assistance for
the Independent States of the Former Soviet Union, instead of
$397,585,000 as proposed by the House and $401,885,000 as
proposed by the Senate.
The Appropriations Committees direct USAID to provide up to
$47,229,000 for global health and child survival programs, of
which $5,119,000 is for child survival and maternal health;
$10,110,000 is for family planning/reproductive health
programs; $22,000,000 is for HIV/AIDS programs; and $10,000,000
is for infectious disease programs.
The Appropriations Committees continue to be concerned with
the downward spiral of democracy and personal freedoms in
Russia. The Appropriations Committees believe that the Cold War
rhetoric of the Russian President undermines United States-
Russian relations, and his crackdown on political opposition,
civil society, and journalists erodes that country's democratic
achievements since the end of the Cold War.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Assistance for the Independent States of the Former Soviet Union
[Budget authority, dollars in thousands]
Budget Authority Total
Europe and Eurasia
Armenia............................................. $58,500
Azerbaijan.......................................... 19,000
Belarus............................................. 10,275
Georgia............................................. 50,500
Moldova............................................. 14,300
Russia.............................................. 72,225
Ukraine............................................. 73,000
Europe/Eurasia Regional............................. 18,711
--------------------------------------------------------
____________________________________________________
Subtotal, Europe and Eurasia.................... 316,511
========================================================
____________________________________________________
South and Central Asia
Kazakhstan.......................................... 15,000
Kyrgyz Republic..................................... 25,250
Tajikistan.......................................... 26,000
Turkmenistan........................................ 5,500
Uzbekistan.......................................... 8,474
Central Asia Regional............................... 3,000
--------------------------------------------------------
____________________________________________________
Subtotal, South and Central Asia................ 83,224
========================================================
____________________________________________________
Total....................................... 399,735
The amended bill provides $500,000 for United States Forest
Service programs in the Russian Far East, as proposed by the
Senate. The Appropriations Committees endorse language in
Senate Report 110-128 on this issue. The House did not include
a similar provision.
The amended bill provides $8,000,000 for humanitarian,
conflict mitigation, human rights, civil society and relief and
recovery assistance for Chechnya, Ingushetia, Dagestan, and
North Ossetia-Alania in the North Caucasus, as proposed by the
Senate. The House did not include a similar provision.
Independent Agencies
INTER-AMERICAN FOUNDATION
The amended bill provides $21,000,000 for the Inter-
American Foundation, instead of $19,000,000 as proposed by the
House and $22,000,000 as proposed by the Senate.
AFRICAN DEVELOPMENT FOUNDATION
The amended bill provides $30,000,000 for the African
Development Foundation, as proposed by the House and Senate.
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $333,500,000 for the Peace Corps,
as proposed by the House and the Senate.
The Appropriations Committees direct the Peace Corps to
assign volunteers in a cost effective manner and provide
priority to countries with which the United States has
important foreign policy interests, and where there is
hostility toward the United States, including in predominantly
Muslim countries and the former Soviet republics. The Peace
Corps is directed to examine, in consultation with the
Appropriations Committees, its assignments of volunteers in the
context of changed circumstances since 2001 and to submit a
report to the Appropriations Committees not later than 90 days
after enactment of this Act on its planned assignments of
volunteers for fiscal years 2008 and 2009.
MILLENNIUM CHALLENGE CORPORATION
The amended bill provides $1,557,000,000 for the Millennium
Challenge Corporation (MCC), instead of $1,800,000,000 as
proposed by the House and $1,200,000,000 as proposed by the
Senate.
The Appropriations Committees direct the MCC to ensure that
compact goals and objectives are realistic and attainable, and
that oversight of programs is sufficient. The MCC shall report
to the Appropriations Committees not later than 90 days after
enactment of this Act on the steps it is taking to improve
disbursement while ensuring adequate oversight and appropriate
country ownership.
The Appropriations Committees are concerned with the
initial findings by the Comptroller General that some compacts
are falling short of stated objectives (GAO-07-909). The
amended bill includes language in section 668, similar to that
proposed by the Senate, regarding a Comptroller General
assessment of financial controls and programmatic results of
MCC activities.
The amended bill includes a new paragraph in section 699I
that requires a report on the proposed uses, on a country-by-
country basis of all funds projected to be obligated and
expended by the MCC in fiscal year 2008. This is a new
provision.
Department of State
GLOBAL HIV/AIDS INITIATIVE
The amended bill includes funding for global HIV/AIDS
programs implemented by OGAC under the ``Global Health and
Child Survival'' heading as proposed by the Senate. The House
proposed funds for global HIV/AIDS managed by OGAC under this
heading.
DEMOCRACY FUND
The amended bill provides $164,000,000 for the Democracy
Fund, instead of $177,000,000 as proposed by the Senate. Of
this amount, $64,000,000 is for the Department of State's Human
Rights and Democracy Fund (HRDF) and $100,000,000 is for NED.
The House included funds for democracy programs under other
headings in the bill.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Human Rights and Democracy Fund
[Budget authority, dollars in thousands]
Budget Authority Total
China, Hong Kong, Taiwan................................ $15,000
Islamic countries (outside Middle East)................. 5,000
Syria................................................... 1,000
Iran.................................................... 8,000
Internet Freedom........................................ 15,000
North Korea............................................. 3,000
Religious Freedom....................................... 4,000
HRDF-Global............................................. 13,000
--------------------------------------------------------
____________________________________________________
Total............................................... 64,000
DRL is directed to maintain its focus, creativity, and
ability to respond to opportunities to promote democracy and
human rights overseas. Reports have emerged of excessive
bureaucracy and lack of strategic focus within the bureau,
which unnecessarily hampers responsiveness and effectiveness of
programs.
A total of $4,000,000 is provided for programs that promote
international religious freedom and these programs should be
implemented as outlined in House Report 110-197. The Department
of State should consult with the Appropriations Committees
prior to the initial obligation of funds.
The Appropriations Committees endorse concerns with
internet freedom contained in House Report 110-197, and provide
$15,000,000 for a competitively awarded grant program to
provide anti-censorship tools and services for the advancement
of information freedom in closed societies, including the
Middle East and Asia. DRL should ensure that recipients of
funds employ internet technology programs and protocols that
facilitate and promote widespread and secure internet use. Such
programs should be field tested and have the capacity to
support large numbers of users simultaneously in a hostile
internet environment. The Department of State should consult
with the Appropriations Committees prior to the initial
obligation of funds. In addition to amounts provided under this
heading, $2,000,000 is included under the ``Broadcasting Board
of Governors, International Broadcasting Operations'' heading.
The amended bill does not include the provisos regarding
specific authorities for the Assistant Secretary of State for
Democracy, Human Rights, and Labor as proposed by the Senate.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
National Endowment for Democracy-Core
[Budget authority, dollars in thousands]
Budget Authority Total
Africa.................................................. $16,750
Asia.................................................... 17,250
Middle East............................................. 17,000
Central and Eastern Europe.............................. 5,000
Independent States of the Former Soviet Union........... 14,000
Latin America/Caribbean................................. 12,000
Multiregional........................................... 6,500
Administration.......................................... 9,500
Democratic Activities................................... 2,000
--------------------------------------------------------
____________________________________________________
National Endowment for Democracy Core............... 100,000
The NED is expected to apportion these additional core
funds in the traditional and customary fashion among the core
institutes.
The NED should receive an additional $11,000,000 from other
accounts in this Act to continue ongoing programs, including
the Reagan-Fascell Democracy Fellowship program and the World
Movement for Democracy, and activities in Burma, Russia, Cuba,
and elsewhere. The Department of State is expected to consult
with the Appropriations Committees not later than 90 days after
enactment of this Act on this additional funding.
The amended bill includes the proviso defining democracy
programs, as proposed by the Senate, which is intended to
assist the Administration in determining what constitutes such
programs.
The amended bill includes a provision as proposed by the
Senate that requires that any contract, grant, or cooperative
agreement in excess of $2,500,000 for the promotion of
democracy shall be subject to the regular notification
procedures of the Appropriations Committees. The House did not
have a similar provision.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $558,449,000 for International
Narcotics Control and Law Enforcement (INCLE), as proposed by
the Senate, instead of $568,475,000 as proposed by the House.
The amended bill includes a provision, similar to that
proposed by the House, prohibiting assistance for aerial
spraying in Afghanistan. The Senate did not include a similar
provision. The Appropriations Committees note that the
Government of Afghanistan (GoA) does not support the use of
spraying to counter the drug trade in Afghanistan, and will
revisit this issue should the GoA's position change.
The amended bill includes not less than $39,750,000 for
judicial, human rights, rule of law and related activities in
Colombia.
The amended bill does not include provisions proposed by
the House related to demand reduction programs and programs to
combat transnational crime and criminal youth gangs. The Senate
did not include similar provisions.
The amended bill does not include a provision related to
programs that combat anti-trafficking in persons, as proposed
by the Senate.
The amended bill does not include provisions proposed by
the House and Senate making INCLE funding available for
activities and training programs at the International Law
Enforcement Training Academies.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
International Narcotics Control and Law Enforcement
[Budget authority, dollars in thousands]
Budget Authority Total
Colombia................................................ $39,250
Afghanistan............................................. 274,800
INL Anticrime Programs.................................. 12,000
Civilian Police Programs................................ 2,000
Criminal Youth Gangs.................................... 8,000
Demand Reduction........................................ 12,000
International Law Enforcement Academies................. 19,000
International Organizations............................. 4,000
Interregional Aviation Support.......................... 55,100
Program Development and Support......................... 19,500
Trafficking in Persons.................................. 6,000
Administrative Expenses................................. $38,000
Other Countries and Programs............................ 68,799
--------------------------------------------------------
____________________________________________________
Total............................................... 558,449
The amended bill provides not more than $38,000,000 for
administrative expenses at the Department of State, which does
not include funding for Iraq administrative expenses.
The amended bill does not include a provision proposed by
the Senate regarding kidnapped United States citizens. The
Appropriations Committees direct the Department of State to
make funds available to support the efforts of foreign law
enforcement authorities to locate United States citizens who
have been kidnapped in, or are otherwise missing from, areas
affected by violent drug trafficking.
The Appropriations Committees believe that the Jordan
International Police Training Center (JIPTC) is underutilized
in meeting law enforcement, border, and security training needs
throughout the region, including personnel from Lebanon and the
West Bank. Therefore, the Department of State is directed,
after consultation with the Government of Jordan, to submit a
plan on the uses of JIPTC, as proposed by the Senate, no later
than April 1, 2008. The plan should include a cost analysis on
using the Center for such purposes over a five-year period.
ANDEAN COUNTERDRUG PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The amended bill provides $327,460,000 for Andean
Counterdrug Programs, instead of $312,460,000 as proposed by
the House and $415,050,000 as proposed by the Senate.
The amended bill continues current law with regard to a
unified campaign against narcotics traffickers and foreign
terrorist organizations, and the prohibition against United
States Armed Forces personnel or civilian contractors employed
by the United States government from participating in any
combat operations.
The amended bill includes a modified provision proposed by
both the House and Senate that rotary and fixed wing aircraft
supported by funding from this heading may be used for aerial
and manual drug eradication and interdiction efforts to include
transport of personnel and supplies, support of alternative
development programs and investigations by the Colombian
Attorney General's, Prosecutor General's and Public Defender's
offices.
The amended bill allows a transfer of up to $2,500,000 of
funds to the ``Foreign Military Financing Program'' heading for
the Colombian Armed Forces to provide security for manual
eradication efforts similar to that proposed by the Senate. The
amended bill also allows a transfer of up to $2,500,000 to the
heading ``International Narcotics Control and Law Enforcement''
for the Colombian National Police to provide security for
manual eradication efforts.
The amended bill continues current law with regard to
certification requirements on aerial spraying in Colombia and
prohibits the availability of funds under this heading for the
cultivation or processing of African oil palm if doing so
contributes to environmental degradation or forced displacement
of the local populace as proposed by the Senate.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Andean Counterdrug Program
[Budget authority, dollars in thousands]
Budget Authority Total
Bolivia
Interdiction........................................ $30,000
--------------------------------------------------------
____________________________________________________
Subtotal--Bolivia............................... 30,000
Colombia
Interdiction & Eradication.......................... 251,616
Transfer to FMF..................................... [2,500]
Transfer to INCLE................................... [2,500]
--------------------------------------------------------
____________________________________________________
Subtotal--Colombia.............................. 251,616
Ecuador
Interdiction........................................ 7,000
--------------------------------------------------------
____________________________________________________
Subtotal--Ecuador............................... 7,000
Peru
Interdiction........................................ 36,844
--------------------------------------------------------
____________________________________________________
Subtotal--Peru.................................. 36,844
Brazil.................................................. 1,000
Panama.................................................. 1,000
========================================================
____________________________________________________
Total....................................... 327,460
The Appropriations Committees are aware of the needs of
Colombian soldiers and civilians who have been severely injured
by landmines and other causes, and who need medical,
rehabilitation, vocational and related assistance. The
Department of State is encouraged to provide funding for these
purposes. Any such assistance should be matched with
contributions from the Colombian Government.
The amended bill includes not more than $17,000,000 for
administrative expenses for the Department of State and not
more than $7,800,000 may be used for administrative expenses at
USAID.
MIGRATION AND REFUGEE ASSISTANCE
The amended bill provides $1,029,900,000 for Migration and
Refugee Assistance, instead of $829,900,000 as proposed by the
House and $889,000,000 as proposed by the Senate. Of this
amount, $200,000,000 is designated an emergency pursuant to
section 5 preceding division A of this Act for programs to
address the pressing needs of Iraqi refugees and of Palestinian
refugees in Lebanon, the West Bank, and Gaza.
The amended bill includes $23,000,000 for administrative
expenses of the program, as proposed by the Senate instead of
$22,500,000 as proposed by the House.
The amended bill includes language, similar to that carried
in the House and Senate bills, stating that not less than
$40,000,000 should be made available for assistance for
refugees resettling in Israel.
The amended bill includes a proviso stating that funds
shall be made available for assistance for refugees from North
Korea, as proposed by the Senate. The House included no similar
provision.
The Appropriations Committees recognize increased
humanitarian needs for refugees and internally displaced
persons and expect additional assistance to be available for
these purposes in the fiscal year 2008 emergency supplemental
Act.
The Appropriations Committees note the sizeable gaps
between fiscal year 2007 actual costs and the fiscal year 2008
request, and expect the Administration to request adequate
funds in fiscal year 2009 to more fully address the needs of
global refugees and internally displaced persons (IDPs),
including emergency appeals, repatriation and new emergencies.
The Appropriations Committees remain deeply concerned with the
plight of Iraqi refugees and IDPs.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The amended bill provides $45,000,000 for the United States
Emergency Refugee and Migration Assistance Fund, as proposed by
the House and Senate.
The amended bill does not include language proposed by the
Senate that provides the funds notwithstanding section 2(c)(2)
of the Migration and Refugee Assistance Act of 1962.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The amended bill provides $487,000,000 for
Nonproliferation, Anti-terrorism, Demining and Related Programs
(NADR), instead of $467,000,000 as proposed by the House and
$499,000,000 as proposed by the Senate.
The amended bill provides $34,000,000 for the
Nonproliferation and Disarmament Fund, to remain available
until expended.
The amended bill provides that not less than $26,000,000
shall be available for the Biosecurity Engagement Program.
The amended bill provides that funds available for ``Anti-
terrorism Assistance'' and ``Export Control and Border
Security'' shall be available until September 30, 2009.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Nonproliferation, Anti-Terrorism, Demining and Related Programs
[Budget authority, dollars in thousands]
Budget Authority Total
Nonproliferation Programs:
Nonproliferation and Disarmament Fund............... $34,000
Export Control and Related Border Security
Assistance........................................ 46,000
Global Threat Reduction (formerly NWMDE)............ 57,395
Biosecurity Engagement.............................. [26,000]
IAEA Voluntary Contribution......................... 51,500
CTBT International Monitoring System................ 24,000
--------------------------------------------------------
____________________________________________________
Subtotal--Nonproliferation Programs............. 212,895
Anti-Terrorism Programs
Anti-terrorism Assistance........................... 124,311
Terrorist Interdiction Program...................... 18,345
CT Engagement with Allies........................... 1,000
Counterterrorism Financing.......................... 6,368
--------------------------------------------------------
____________________________________________________
Subtotal--Anti-Terrorism Programs............... 150,024
Regional Stability & Humanitarian Assistance
Humanitarian Demining Program....................... 66,485
International Trust Fund............................ 12,875
Small Arms/Light Weapons Destruction................ 44,721
--------------------------------------------------------
____________________________________________________
Subtotal--Regional Stability & Humanitarian
Assistance.................................... 124,081
========================================================
____________________________________________________
Total....................................... 487,000
The Department of State is directed to continue funding at
not less than current levels for humanitarian demining and
other unexploded ordnance clearance programs in Vietnam and
Laos.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The amended bill provides $20,400,000 for International
Affairs Technical Assistance, instead of $18,000,000 as
proposed by the House and $22,800,000 as proposed by the
Senate.
DEBT RESTRUCTURING
The amended bill provides $30,300,000 for Debt
Restructuring, instead of $200,300,000 as proposed by the House
and Senate. This reduction is made without prejudice and the
Appropriations Committees intend to re-examine the need for
resources to support debt relief in subsequent legislation.
TITLE IV--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The amended bill provides $85,877,000 for International
Military Education and Training (IMET), as proposed by the
Senate instead of $85,076,000 as proposed by the House.
The amended bill includes language proposed by the House
and Senate restricting IMET assistance for Equatorial Guinea.
The Appropriations Committees are concerned with reports of
killings of civilians by Equatorial Guinea security forces and
direct the Department of State to consult with the
Appropriations Committees prior to any decision to provide
military assistance for Equatorial Guinea.
The amended bill provides that funds made available for
Haiti, Guatemala, the Democratic Republic of the Congo, Sri
Lanka, Ethiopia, Bangladesh, Libya, Angola, and Nigeria may
only be provided through the regular notification procedures of
the Appropriations Committees and any such notification shall
include a detailed description of the proposed activities.
The Department of State is directed to submit a report to
the Appropriations Committees not later than 60 days after
enactment of this Act on how the Western Hemisphere Institute
for Security Cooperation (a.k.a. School of the Americas) IMET
program for fiscal year 2008 contributes to the promotion of
human rights, respect for civilian authority and the rule of
law, establishment of legitimate judicial mechanisms for the
military, and the goal of right sizing military forces.
FOREIGN MILITARY FINANCING PROGRAM
The amended bill provides $4,588,325,000 for the Foreign
Military Financing Program (FMF), instead of $4,509,236,000 as
proposed by the House and $4,579,000,000 as proposed by the
Senate. Of this amount, $100,000,000 is designated an emergency
pursuant to section 5 preceding division A of this Act.
The amended bill includes not less than $2,400,000,000 for
grants only to Israel; $1,300,000,000 shall be available for
grants only to Egypt; and that $300,000,000 shall be made
available for assistance for Jordan. The Appropriations
Committees endorse language in Senate Report 110-128 on the
uses of additional assistance for Jordan.
The amended bill provides $8,413,000 for assistance for
Tunisia under this heading. The Appropriations Committees
recognize Tunisia's role as a valuable partner to the United
States in the region. The Appropriations Committees urge the
Government of Tunisia to more effectively address concerns
regarding reports of police abuse and restrictions on peaceful
expression and association.
The amended bill includes language similar to that proposed
by the House in section 649, which provides not more than
$53,000,000 for Colombia, including $5,000,000 for medical and
rehabilitation assistance, removal of landmines and enhancement
of communications capabilities as proposed by the Senate.
The Appropriations Committees direct that $4,000,000 be
made available for ``Western Hemisphere Regional'' to be used
to continue the naval cooperation program in the Caribbean to
strengthen the ability of Central American and Caribbean
countries to secure their maritime domains and cooperatively
secure international waters.
The amended bill includes a provision similar to that
proposed by the Senate making $3,655,000 available for
assistance to Morocco and an additional $1,000,000 if the
Secretary of State makes a certification to the Appropriations
Committees.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Foreign Military Financing Program
[Budget Authority in thousands of dollars]
Budget Authority Total
Armenia................................................. $3,000
Azerbaijan.............................................. 3,000
Colombia................................................ 53,000
Egypt................................................... 1,300,000
El Salvador............................................. 4,800
Guatemala............................................... 500
Haiti................................................... 990
Honduras................................................ 500
Indonesia............................................... 15,700
Israel.................................................. 2,400,000
Jordan.................................................. 300,000
Lebanon................................................. 7,000
Nicaragua............................................... 500
Pakistan................................................ 300,000
Philippines............................................. 30,000
Poland.................................................. 27,200
Tunisia................................................. 8,413
Western Hemisphere Regional............................. 4,000
FMF Admin Cost (DSCA)................................... 41,900
Unallocated............................................. 87,822
--------------------------------------------------------
____________________________________________________
Total............................................... 4,588,325
The amended bill provides for the transfer of $4,000,000 to
the ``Diplomatic and Consular Programs'' account to be
administered by DRL for monitoring of FMF assistance in
countries where such monitoring is most needed, in addition to
amounts otherwise available for such purposes. These funds are
intended to be used for activities such as providing hardware
and software upgrades for monitoring the use of United States
equipment and for vetting of foreign participants in United
States military training programs; personnel and travel costs
in country to conduct monitoring; and other costs associated
with training United States-based and overseas staff in how to
interpret and implement the Leahy Law and other human rights
mandates, such as bringing human rights reporting officers to
training seminars.
The Appropriations Committees direct the Secretary of State
to submit a report not later than 90 days after enactment of
this Act, detailing the procedures being applied, on a country-
by-country basis, to ensure that FMF assistance for Bangladesh,
the Democratic Republic of the Congo, Ethiopia, Pakistan,
Philippines, and Sri Lanka, is not misused by units of the
security forces of such countries against civilians, including
civilians who are members of political opposition parties and
human rights groups.
PEACEKEEPING OPERATIONS
The amended bill provides $263,230,000 for Peacekeeping
Operations, instead of $293,200,000 as proposed by the House
and $273,200,000 as proposed by the Senate. Of this amount,
$35,000,000 is designated an emergency pursuant to section 5
preceding division A of this Act.
The amended bill includes $25,000,000 for a United States
contribution to the Multinational Force and Observers (MFO)
mission in the Sinai, as proposed by the Senate. The
Appropriations Committees are aware of the security threats to
the MFO and additional force protection requirements, including
an operations center upgrade. The Appropriations Committees
encourage the Administration to consider support for these
requirements in its fiscal year 2009 budget request for the
MFO.
Funds in this account are allocated in the following table,
subject to the requirements of section 619:
Peacekeeping Operations
[Budget authority, dollars in thousands]
Budget Authority Total
Democratic Republic of the Congo........................ $5,500
Liberia................................................. 51,800
Somalia................................................. 2,300
Sudan................................................... 41,400
Darfur.................................................. 30,000
Trans-Sahara Counter-Terrorism Program.................. 10,000
Global Peace Operations Initiative...................... 97,230
Multinational Force and Observers....................... 25,000
--------------------------------------------------------
____________________________________________________
Total............................................... 263,230
TITLE V--MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
The amended bill provides $81,763,000 for the Global
Environment Facility, instead of $106,763,000 as proposed by
the House and Senate.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The amended bill provides $950,000,000 for the contribution
to the International Development Association, as proposed by
the House instead of $1,000,000,000 as proposed by the Senate.
The amended bill does not include a provision as proposed
by the Senate requiring written assurance from the President of
the World Bank that the Bank's management will not recommend or
support any financing for any infrastructure project which
would contribute to significant loss of tropical forest or
biodiversity. The Appropriations Committees are alarmed at the
rate of tropical deforestation and species loss and expect the
Bank's management to reject, and the Department of the Treasury
to oppose, any loan, grant, credit or other financing that
would contribute significantly to such a result.
The Secretary of the Treasury is directed to report to the
Appropriations Committees not later than 120 days after
enactment of this Act on the following: the implementation of
the IMF Decision on Bilateral Surveillance Over Members
Policies, announced on June 15, 2007, which establishes a new
system for IMF bilateral surveillance on exchange rate policies
of member countries; and which member countries are in
violation of the Decision including those that are manipulating
exchange rates for the purpose of securing fundamental exchange
rate misalignment in the form of an undervalued exchange rate
with the purpose to increase net exports.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
The amended bill provides $25,000,000 for the contribution
to the Enterprise for the Americas Multilateral Investment
Fund, as proposed by the House and Senate.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The amended bill provides $75,153,000 for the contribution
to the Asian Development Fund, instead of $115,306,000 as
proposed by the House and $65,000,000 as proposed by the
Senate.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
The amended bill provides $2,037,000 for the contribution
to the African Development Bank International Organizations, as
proposed by the House and Senate.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The amended bill provides a limitation of $31,918,770 for
the United States share of the African Development Bank's
callable capital, as proposed by the House and Senate.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The amended bill provides $135,684,000 for the contribution
to the African Development Fund, as proposed by the House
instead of $105,000,000 as proposed by the Senate.
CONTRIBUTION TO THE EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT
The amended bill provides $10,159 for the contribution to
the European Bank for Reconstruction and Development as
proposed by the Senate. The House did not include funding for
this purpose.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The amended bill provides $18,072,000 for the contribution
to the International Fund for Agricultural Development as
proposed by the House and Senate.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The amended bill provides $319,485,000 for International
Organizations and Programs, instead of $333,400,000 as proposed
by the House and $313,925,000 as proposed by the Senate.
Funds are allocated in the following table, subject to the
requirements of section 619:
[Budget authority, dollars in thousands]
Program/Activity Budget Authority Total
Center for Human Settlements (UN-HABITAT)............... 1,000
International Civil Aviation Organization............... 950
International Conservation Programs..................... 6,500
International Contributions for Scientific, Educational
& Cultural Activities............................... 1,000
International Development Law Organization.............. 300
IMO Maritime Security Programs.......................... 400
International Panel on Climate Change/UN Framework
Convention on Climate Change........................ 5,500
Montreal Protocol Multilateral Fund..................... 19,000
OAS Development Assistance Programs..................... 5,500
OAS Fund for Strengthening Democracy.................... 3,500
Organization for Security & Cooperation in Europe....... 4,500
UN Children's Fund (UNICEF)............................. 129,000
UN Development Program (UNDP)........................... 98,160
UN Environment Program (UNEP)........................... 10,500
UN High Commissioner for Human Rights................... 7,000
UN Office for the Coordinator of Humanitarian Affairs
(OCHA).............................................. 3,000
UN Population Fund (UNFPA).............................. 7,000
UN Voluntary Fund for Technical Cooperation in the Field
of Human Rights..................................... 1,425
UN Voluntary Fund for Victims of Torture................ 7,000
UN Women's Fund (UNIFEM)................................ 3,600
UNIFEM Trust Fund....................................... 1,800
World Meteorological Organization....................... 1,900
World Trade Organization Technical Assistance........... 950
Total............................................... 319,485
The amended bill does not include the provision related to
the United Nations Democracy Fund (UNDF) as proposed by the
House. The Senate did not include a similar provision and did
not provide funding for the UNDF.
The amended bill does not include the provision related to
the Organization of American States Fund for Strengthening
Democracy as proposed by the Senate. The House did not include
a similar provision.
TITLE VI
GENERAL PROVISIONS
(Note: If the provision proposed by the House and Senate is
similar, except for a different section number, or minor
technical differences in language, the section is not addressed
in this explanatory statement. In addition, the amended bill
includes in each general provision the scope of its application
in this Act as proposed by the House, instead of by reference
as proposed by the Senate.)
Sec. 602. Restriction on Contributions to the United Nations.
The amended bill modifies House (sections 112, 602) and
Senate (sec.108) language to prohibit the use of funds from all
titles of this Act to make any assessed contribution or
voluntary payment to the UN if the UN implements or imposes any
taxation on any United States persons.
Sec. 604. Unobligated Balances Report.
The amended bill includes a provision requiring departments
and agencies funded under this Act to submit quarterly reports
on cumulative balances by program, project, and activity that
remain unobligated, as proposed by the House (sec. 604) and
Senate (sec. 604).
Sec. 605. Limitation on Representational Allowances.
The amended bill includes a provision similar to that
proposed by the House (sec. 605) and Senate (sec. 605)
regarding limitations on certain representational allowances.
There are modifications to the funding levels.
Sec. 606. Prohibition on Taxation of United States Assistance.
The amended bill includes a provision regarding a
prohibition on the taxation of United States assistance, as
proposed by the House (sec. 606). The Senate included a similar
provision (sec. 606).
Sec. 607. Prohibition Against Direct Funding for Certain Countries.
The amended bill includes a provision similar to that
proposed by the House (sec. 607) and Senate (sec. 607), which
prohibits direct funding for certain countries. The provision
removes Libya from the list of prohibited countries, as
proposed by the Senate.
Sec. 609. Transfer Authority.
The amended bill includes a provision as proposed by the
House limiting transfers in all titles of this Act.
Sec. 611. Availability of Funds.
The amended bill includes a provision similar to that
proposed by the House (sec. 611) and Senate (sec. 611) that
addresses the availability of funds. The ``International
Military Education and Training,'' ``Trade and Development
Agency,'' and ``Development Credit Authority'' accounts have
been added to the provision.
Sec. 615. Reprogramming Notification Requirements.
The amended bill includes a provision similar to that
proposed by the House (sec. 615) and Senate (sec. 615), with
modifications, which requires the application of reprogramming
oversight procedures to all titles of this Act. The amended
bill includes a provision as proposed by the Senate requiring
notification and consultation for a significant reduction in
staff in addition to the proposed closure of a mission. Any
reduction in excess of 15 percent below the current staff would
be viewed as a ``significant'' reduction requiring prior
consultation with the Appropriations Committees.
Sec. 616. Limitation on Availability of Funds for International
Organizations and Programs.
The amended bill includes a provision similar to that
proposed by the House (sec. 616) and Senate (sec. 616) related
to withholding the United States proportionate share for
certain programs of international organizations. The amended
bill includes a provision, as proposed by the Senate, which
strikes Libya from the list of countries addressed by section
307(a) of the Foreign Assistance Act.
Sec. 617. Independent States of the Former Soviet Union.
The amended bill includes a provision similar to that
proposed by the House (sec. 617) and Senate (sec. 617), with
modifications. As proposed by the Senate, the amended bill
includes Kazakhstan in the list of countries for which funds
are subject to notification procedures. The amended bill
includes making the funds available subject to section 117 of
the Foreign Assistance Act as proposed by the House.
Sec. 619. Allocations.
The amended bill includes a provision similar to that
proposed by the House (sec. 619) and Senate (sec. 619) that
requires that funds in the specified accounts shall be
allocated as indicated in the respective tables in the
explanatory statement. Any change to these allocations shall be
subject to the regular reprogramming procedures of the
Appropriations Committees.
Sec. 620. Special Notification Requirements.
The amended bill includes a provision similar to that
proposed by the Senate (sec. 620), which requires that funds
for Serbia, Sudan, Zimbabwe, Pakistan, Cuba, Iran, Haiti,
Mexico, Nepal, and Cambodia be subject to the special
notification procedures of this section, instead of a similar
provision proposed by the House (sec. 620). The amended bill
further adds Libya and Ethiopia to the list of countries.
Sec. 622. Global Health and Child Survival Activities.
The amended bill includes a provision regarding child
survival programs. There are technical modifications to the
language and the provision designates that not less than
$461,000,000 should be provided for family planning/
reproductive health programs from this Act. The amended bill
does not include a provision, as proposed by the House and
Senate, related to donated contraceptives.
Sec. 623. Afghanistan.
The amended bill includes a provision similar to that
proposed by the House (sec. 623) and Senate (sec. 623), which
provides not less than $1,057,050,000 should be available for
assistance for Afghanistan. The amended bill provides that not
less than $3,000,000 should be for reforestation activities, as
proposed by the House and Senate.
The amended bill provides $75,000,000 for 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 civil society
organizations. The Department of State is directed to provide a
report as recommended in Senate Report 110-128 under the
``Development Assistance'' heading. The report should describe
how funds have been used since fiscal year 2002 for each
sector, the amounts provided, the types of activities
supported, best practices identified, and the measurable
impacts on the livelihood and status of women and girls. In
addition to the sectors listed in the Senate report, the
following should be included: agriculture, alternative
development, democracy and governance (including judicial
reform), and grants or programs implemented by Provincial
Reconstruction Teams.
The amended bill provides $20,000,000 for agriculture
extension services in Afghanistan, as proposed by the Senate.
This funding should be provided through a transparent and
competitively bid process.
The amended bill provides that $2,000,000 should be for a
United States contribution to the NATO/International Security
Assistance Force Post-Operations Humanitarian Relief Fund, as
proposed by the Senate.
The amended bill provides $10,000,000 for USAID's Afghan
Civilian Assistance Program, as proposed by the Senate.
Sec. 625. Global Fund Management.
The amended bill includes a provision related to Global
Fund management, as proposed by the House and Senate. There are
modifications to the language including technical changes, and
modifications to the certification requirements.
Sec. 630. Financial Market Assistance.
The amended bill includes a provision as proposed by the
House (sec. 630), which requires that not less than $40,000,000
should be made available for building capital markets and
financial systems. The Senate did not include a similar
provision.
Sec. 633. Comprehensive Expenditures Report.
The amended bill includes a provision similar to that
proposed by the Senate (sec. 633), which requires the Secretary
of State to detail expenditures in fiscal years 2005 and 2006
by Federal agency for programs and activities in each foreign
country and the purpose for which funds were provided in a
report that should be submitted to the Appropriations
Committees no later than 180 days after enactment of this Act,
in a classified form if necessary.
Sec. 634. Special Authorities.
The amended bill includes a provision similar to that
proposed by the House (sec. 633) and Senate (sec. 634), which
provides special authorities as follows:
In subsection (a), the amended bill includes language
proposed by the House and Senate that provides certain
authority for assistance for Afghanistan, Iraq, Pakistan,
Lebanon, Montenegro, victims of war, displaced children, and
displaced Burmese.
In subsection (f), the amended bill includes language as
proposed by the Senate, which extends until 2009 the
application of a law making certain Vietnamese nationals
eligible for resettlement in the United States. The House did
not include this provision.
In subsection (h), the amended bill includes language
similar to that proposed by the Senate that provides
$10,000,000 for American educational institutions and
nongovernmental organizations in the People's Republic of
China. The House did not include this provision.
In subsection (i), the amended bill includes modified
language that subjects the Middle East Foundation to the
regular notification procedures of the Appropriations
Committees.
In subsection (k), the amended bill includes language
proposed by the Senate, which extends authorities for refugee
status for certain categories of refugees. The House did not
include this provision.
In subsection (m), the amended bill includes language as
proposed by the Senate, which provides that notwithstanding any
other provision of law, not less than $2,000,000 of funds
appropriated under the heading ``Embassy Security,
Construction, and Maintenance'' shall be available for the
Capital Security Cost-Sharing fees of the Library of Congress
for fiscal year 2008.
In subsection (n), the amended bill includes language
proposed by the Senate related to the support of programs to
demobilize, disarm, and reintegrate into civilian society
former members of foreign terrorist organizations who have
renounced involvement in such organizations. The language also
defines the term foreign terrorist organization.
In subsection (o), the amended bill includes language as
proposed by the Senate, which provides that democracy, human
rights, and governance activities of non-governmental
organizations shall not be subject to prior approval by the
host government.
In subsection (p), the amended bill provides new authority
for USAID to provide assistance to improve conditions in prison
facilities administered by foreign governments, including
sanitation and adequate food, drinking water and medical care
where prisoners are confined in inhumane and dangerous
conditions often without due process.
In subsection (q), the amended bill includes $5,000,000 for
the Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union (title VIII).
In subsection (r), the amended bill includes new language
that extends the authority of the Broadcasting Board of
Governors for personal service contractors.
In subsection (s), the amended bill includes new language
that increases the authorized funding level of the
Transatlantic Legislators' Dialogue from $50,000 to $100,000.
In subsection (t), the amended bill includes new language
that extends the authority of the Overseas Private Investment
Corporation.
The amended bill does not include subsection (h) of the
House bill and subsection (i) of the Senate bill, which
addressed waivers on assistance to Pakistan. This matter is
addressed in section 2042(g) of Public Law 110-53.
The amended bill does not include a provision in this
section proposed by the Senate that made funds available for
administrative expenses of USAID with respect to programs in
the West Bank and Gaza. The House did not include this
provision. The issue is addressed under the heading ``Economic
Support Fund'' of this Act.
Sec. 636. Eligibility for Assistance.
The amended bill includes a provision similar to that
proposed by the House (sec. 635) and Senate (sec. 636), which
applies restrictions contained under titles II through V of
this or any other Act with respect to assistance for a country.
Sec. 637. Reservations of Funds.
The amended bill includes a provision similar to that
proposed by the House (sec. 636) and Senate (sec. 637) related
to the reprogramming of certain funds under certain conditions
notwithstanding any other provision of this or any other Act.
The amended bill also includes a provision as proposed by the
Senate stating that funding ceilings and specifically
designated funding levels contained in this Act shall not apply
to funds or authorities in any subsequent Act unless
specifically so directed.
Sec. 638. Asia.
In subsection (a), the amended bill includes a provision as
proposed by the Senate (sec. 638), which requires that funding
in this Act under the headings ``Global Health and Child
Survival'' and ``Development Assistance'' be provided at not
less than the funding levels allocated for each account in the
fiscal year 2007 653(a) report for Cambodia, Philippines,
Vietnam, Asia and Near East Regional, and Regional Development
Mission/Asia. The House did not include a similar provision.
In subsection (b), the amended bill includes a provision on
Burma as proposed by the Senate that provides not less than
$13,000,000 in funds under the heading ``Economic Support
Fund'' shall be available to support democracy activities in
Burma, along the Burma-Thailand border, and for Burmese student
groups and other organizations. The amended bill also includes
not less than $3,000,000 under the ``Migration and Refugee
Assistance'' heading for community-based organizations
operating in Thailand to provide food, medical and other
humanitarian assistance to internally displaced persons in
eastern Burma. The House did not include a similar provision.
In subsection (c), the amended bill includes a provision on
Tibet similar to that proposed by the House (sec. 676) and
Senate (sec. 638(c)), which provides that not less than
$5,000,000 in funds under the heading ``Economic Support Fund''
is available to preserve cultural traditions, to support
sustainable development, and for environmental conservation.
Sec. 639. Prohibition on Publicity or Propaganda.
The amended bill includes a provision similar to that
proposed by the House (sec. 638) and Senate (sec. 639)
prohibiting the use of funds for publicity or propaganda
purposes. The amended bill continues current law as proposed by
the House. The Senate did not include this provision.
Sec. 641. Requests for Documents.
The amended bill includes a provision similar to that
proposed by the House (sec. 641) and Senate (sec. 642), which
prohibits the provision of funds from titles II through V to
any nongovernmental organization or contractor that fails to
provide any document, file, or record necessary to USAID's
auditing requirements. The amended bill does not include the
additional disclosure requirement as proposed by the Senate.
Sec. 642. Prohibition on Assistance to Foreign Governments that Export
Lethal Military Equipment to Countries Supporting International
Terrorism.
The amended bill includes a provision similar to that
proposed by the House (sec. 641) and Senate (sec. 642), which
prohibits funds in titles II through V of this Act from being
made available to any foreign government that provides lethal
military equipment to certain countries.
Sec. 646. Landmines and Cluster Munitions.
The amended bill includes a provision similar to that
proposed by the House (sec. 645) and Senate (sec. 646), which
continues the authority in current law regarding the provision
of demining equipment notwithstanding any other provision of
law.
The amended bill adds a new subsection to the provision,
which was proposed as a separate section of the Senate
amendment (sec. 695). The language prohibits the issuance of
defense export licenses for cluster munitions, the provision of
military assistance for the purchase of cluster munitions, or
the transfer of such weapons or associated technology unless:
1) sub-munitions of cluster bombs have been tested to have a 99
percent effective detonation rate, and 2) end use agreements
specify such weapons will only be used in non-civilian areas
against clearly identified military targets. The House did not
include a similar provision.
Sec. 647. Restrictions Concerning the Palestinian Authority.
The amended bill includes a provision similar to that
proposed by the House (sec. 646) regarding a prohibition on the
creation of a United States government office in Jerusalem and
holding meetings in Jerusalem.
Sec. 649. Colombia.
The amended bill includes a combined provision regarding
assistance to Colombia. The language in this provision
incorporates the content of sections 649, 656 and 672 as
proposed by the House and sections 656, 657 and 684 as proposed
by the Senate with some modifications.
The amended bill provides that not more than $545,608,000
of the funds appropriated by titles III and IV shall be made
available for assistance for Colombia, instead of $530,608,000
as proposed by the House and $560,748,000 as proposed by the
Senate. Funds are allocated in the following table:
Colombia
[Budget authority, dollars in thousands]
Budget Authority Total
Foreign Military Financing (FMF)........................ 53,000
Transfer from ACP................................... 2,500
International Military Education and Training (IMET).... 1,500
Nonproliferation, Anti-terrorism, Demining and Related
Programs (NADR)..................................... 3,742
International Narcotics Control and Law Enforcement
(INCLE)............................................. 39,750
Transfer from ACP................................... 2,500
Economic Support Fund (ESF)............................. 196,000
Andean Counterdrug Program (ACP)
Interdiction/Eradication (Support for the Colombia
National Police and Military)....................... 244,016
Transfer to FMF..................................... -2,500
Transfer to INCLE................................... -2,500
Program, Development and Support........................ 7,600
Critical Flight Safety Program...................... [39,300]
--------------------------------------------------------
____________________________________________________
Total--Andean Counterdrug Program................... 246,616
--------------------------------------------------------
____________________________________________________
Total--Colombia............................. 545,608
The amended bill sets funding levels by reference and
provides that any changes shall be subject to the regular
notification procedures of the Appropriations Committees and
continues current law certification requirements on assistance
to the Colombian military. The amended bill provides that
$11,422,000 is available for demobilization and disarmament
assistance to former combatants under the heading ``Economic
Support Fund'' and continues the current law with regard to
denial of visas for supporters of Colombian illegal armed
groups.
Sec. 650. Limitation on Assistance to the Palestinian Authority.
The amended bill includes a reporting requirement proposed
by the House (sec. 650(d)) and Senate (sec. 650(d)), which
provides that whenever the waiver authority of this section is
exercised the President shall submit a report to the
Appropriations Committees detailing the justification for the
waiver; the purposes for which the funds will be spent; the
accounting procedures in place to ensure that the funds are
properly disbursed; and the steps taken by the Palestinian
Authority to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
Sec. 651. Limitation on Assistance to Security Forces.
The amended bill includes language proposed by the Senate,
adding a new section to the Foreign Assistance Act of 1961
entitled ``Limitation on Assistance for Security Forces.'' This
provision is consistent with longstanding United States law and
practice. The House provision provided a one-year extension of
this prohibition.
Sec. 654. Libya.
The amended bill includes a provision similar to that
proposed by the Senate (sec. 697) and the House (sec. 654),
which limits certain types of assistance to Libya.
Sec. 655. Palestinian Statehood.
The amended bill includes a provision similar to that
proposed by the House (sec. 655) and the Senate (sec. 655),
which addresses certain restrictions on assistance to a
Palestinian state.
Sec. 656. Prohibition on Assistance to the Palestinian Broadcasting
Corporation.
The amended bill includes a provision as proposed by the
House (sec. 657) that applies the prohibition to all titles in
this Act. The Senate provision (sec. 111) only applied the
prohibition to funds in title I of this Act.
Sec. 657. West Bank and Gaza Assistance.
The amended bill includes a provision similar to the House
(sec. 659) and Senate (sec. 658), which addresses funds
available for the West Bank and Gaza Program. The language
includes a provision as proposed by the House that requires the
Comptroller General of the United States to conduct an audit of
fiscal year 2008 funds and continues a provision that requires
the Secretary of State to submit a report required in section
2106 of chapter 2 of title II of P.L. 109-13.
Sec. 660. Contribution to the United Nations Population Fund.
The amended bill includes a provision related to the United
States contribution to the United Nations Population Fund as
proposed by the House (sec. 660) and Senate (sec. 630). There
are technical modifications to the language, and changes to the
funding level from the ``International Organizations and
Programs'' account.
Sec. 664. Basic Education.
The amended bill includes a provision related to basic
education similar to that proposed by the House (sec. 667). The
provision is similar to the House provision with minor
modifications regarding funding levels, and the placement of
the Coordinator. The Senate did not include a similar
provision.
Sec. 665. Reconciliation Programs.
The amended bill includes a provision similar to those
proposed by the House (sec. 668) and Senate (sec. 665) related
to reconciliation programs. $16,000,000 is provided to support
reconciliation programs, and an additional $9,000,000 is
provided for reconciliation programs in the Middle East.
Programs in the Middle East shall support people-to-people
coexistence and reconciliation programs, which will increase
dialogue between Israelis, Palestinians, Arabs, Jews, and
Muslims in the region. This funding should be provided through
an open, transparent and competitively bid process. The
Department of State and USAID are expected to consult with the
Appropriations Committees not later than 90 days after
enactment of this Act on these programs.
Sec. 666. Sudan.
The amended bill includes a provision similar to both the
House (sec. 669) and Senate (sec. 666) related to Sudan with
technical modifications to the language. The amended bill
provides USAID with the authority to use up to $5,000,000 for
administrative and other expenses in Chad. These funds will be
used for the permanent placement of personnel in Eastern Chad.
The Appropriations Committees remain concerned with the dire
situation faced by refugees and internally displaced persons
populations from Sudan and the Central African Republic, as
well as by host communities whose already limited resources are
further challenged by increased populations. The Appropriations
Committees believe that a permanent presence of a USAID
employee in Eastern Chad may help facilitate the delivery of
assistance and better coordinate humanitarian and other efforts
with the UN, European Union, and other organizations.
Sec. 667. Trade Capacity Building.
The amended bill includes a provision proposed by the House
(sec. 670) that makes not less than $550,000,000 available for
trade capacity building assistance from title III of this Act.
The Senate did not include a similar provision.
The House included a proviso to provide $10,000,000 under
the heading ``Economic Support Fund'' for labor and
environmental capacity building activities relating to the
Central America Free Trade Agreement. The Senate funded this
program under the ``Economic Support Fund'' heading. The
amended bill has moved this initiative to section 672 of this
Act.
Sec. 668. Transparency and Accountability.
The amended bill includes language in this provision
similar to that proposed by the Senate regarding transparency
and accountability at the United Nations Development Program,
the World Bank, and a Comptroller General report on the MCC and
HIV/AIDS programs.
The amended bill includes language similar to that proposed
by the Senate restricting assistance for the central government
of any country that fails to make publicly available its
national budget. In exercising the waiver authority provided,
the Secretary of State shall provide the Appropriations
Committees with a list of countries to be waived and specific
efforts undertaken by the United States, if any, to assist
those foreign governments to increase the transparency of
national budgets.
Sec. 670. Gender-Based Violence.
The amended bill includes a provision as proposed by the
House, which requires that police, military and judicial
official training programs funded by titles III and IV of this
Act shall include instruction on how to address incidences of
gender-based violence. The Senate did not include a similar
provision.
Sec. 671. Limitation on Economic Support Fund Assistance for Certain
Foreign Governments That Are Parties to the International
Criminal Court.
The amended bill continues current year language as
proposed by the House, which prohibits the use of funds under
the ``Economic Support Fund'' heading for assistance to any
government of a country that is a party to the International
Criminal Court.
Sec. 672. Western Hemisphere.
The amended bill includes provisions similar to that
proposed by the House (sec. 677) and Senate (sec. 649). In
subsection (a), the amended bill includes a provision, which
requires that funding in this Act under the headings ``Global
Health and Child Survival'' and ``Development Assistance''
should be provided at not less than the funding levels
allocated for each account in the fiscal year 2007 (according
to the Foreign Assistance Act section 653(a) report) for El
Salvador, Guatemala, Nicaragua, Honduras, Ecuador, Peru,
Bolivia, Brazil, Latin America and Caribbean Regional, Central
America Regional and South America Regional.
In subsection (b), the amended bill includes a provision on
assistance for Haiti as proposed by the House, which provides
not less than $201,548,000 in funds appropriated under titles
III and IV of this Act available to Haiti, provides that the
Government of Haiti is eligible to purchase defense articles
for the Coast Guard, and includes a restriction on certain
INCLE funding in this Act.
In subsection (c), the amended bill includes a provision on
the Dominican Republic as proposed by the Senate, which
provides not less than $23,000,000 in funds under the headings
``Global Health and Child Survival'' and ``Development
Assistance'' shall be for assistance to the Dominican Republic,
of which not less than $5,000,000 is for basic needs of migrant
workers and other residents of batey communities.
In subsection (d), the amended bill includes a provision
similar to the House and Senate on assistance for Guatemala,
which provides $4,000,000 in funding under the ``Economic
Support Fund'' heading for a United States contribution to the
International Commission Against Impunity in Guatemala.
Additionally, the language provides authority for funding from
the ``International Military Education and Training'' and
``Foreign Military Financing'' accounts if certain conditions
are met.
In subsection (e), the amended bill provides not less than
$10,000,000 from the ``Economic Support Fund'' account for
labor and environmental capacity building activities relating
to the free trade agreement of Central America and the
Dominican Republic.
Sec. 673. Zimbabwe.
The amended bill includes a provision as proposed by the
Senate (sec. 669), which directs the Secretary of the Treasury
to instruct the United States executive director to each
international financial institution to vote against any
extension of any loan to the Government of Zimbabwe. The House
did not include a similar provision.
Sec. 674. Development Grants Program.
The amended bill includes a provision related to the
Development Grants Program, as proposed by the Senate. There
are minor modifications relating to eligibility requirements
and grant award levels. The Appropriations Committees intend
this program to be available for small grants to small
nongovernmental organizations, which may lack the capacity to
compete for or implement large grants.
Sec. 675. Disaster Assistance and Recovery.
The amended bill includes a provision as proposed by the
Senate (sec. 672) that extends the available uses of unexpended
funds previously appropriated to the Government Accountability
Office to fiscal year 2008. The language does not include the
provision that the authority is available in ensuing years.
Sec. 676. United States Agency for International Development
Management.
The amended bill includes a provision related to USAID
management as proposed by the House (sec. 678) and the Senate
(sec. 673). There are technical modifications to the language.
The language also provides 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 as proposed by the Senate.
Sec. 679. Indonesia.
The amended bill provides $15,700,000 for assistance for
Indonesia under the heading ``Foreign Military Financing
Program'', of which $13,000,000 may be obligated immediately.
The remaining $2,700,000 may not be made available until the
Secretary of State reports to the Appropriations Committees on
steps taken, and plans developed, by the Government of
Indonesia to address certain human rights concerns involving
the Indonesian Armed Forces. The House (sec. 682) and Senate
(sec. 685) included similar provisions.
Sec. 680. Limitation on Basing in Iraq.
The amended bill includes a provision as proposed by the
House (sec. 685), regarding basing rights in Iraq.
Sec. 681. Prohibition on Use of Torture.
The amended bill includes a provision similar to that by
the House (sec. 686) that prohibits the use of funds from this
Act to support torture or cruel or inhumane treatment by any
official or contract employee of the United States Government.
The Senate did not contain a similar provision.
Sec. 682. Report on Indonesia.
The amended bill includes a provision requiring the
Secretary of State to report not later than 90 days after
enactment of this Act on certain steps that the Indonesian
Government has taken similar to that proposed by the House
(sec. 687).
Sec. 683. Extradition.
The amended bill combines three provisions included in the
House bill (sections 688, 689, 699K) that prohibit the use of
funds in this Act for assistance when governments fail to
permit the extradition of certain individuals. The provision
has been modified to provide a waiver of the restriction on a
case-by-case basis if the Secretary of State certifies to the
Appropriations Committees that such a waiver is important to
the national interests of the United States.
Sec. 684. Environment and Energy Programs.
The amended bill modifies a provision similar to that
proposed by the House and Senate. There are technical
modifications to the language, modifications to the funding
level, and modifications to the Extractive Industries report.
The amended bill includes language proposed by the Senate that
not less than $2,000,000 should be made available for wildlife
conservation and protected area management in the Boma-Jonglei
landscape of Southern Sudan. USAID is directed to consult with
the Appropriations Committees prior to the obligation of funds.
Sec. 685. Uzbekistan.
The amended bill includes a modified provision, as proposed
by the House (sec. 692) and Senate (sec. 677) regarding
assistance for Uzbekistan. The language adds an additional
requirement with regard to individuals credibly alleged to have
been involved in violations of human rights.
Sec. 686. Repression in the Russian Federation.
The amended bill modifies a provision as proposed by the
House (sec. 693) that withholds funding from the Government of
the Russian Federation until the President certifies that the
Russian Central Government is not acting to discriminate
against minority religious faiths. The amended bill includes
new language regarding the repression of civil society, the
press and political opposition parties. A national security
waiver is included. The Senate did not include a similar
provision.
Sec. 687. War Crimes in Africa.
The amended bill includes a modified provision as proposed
by the House (sec. 694), requiring a certification by the
Secretary of State before any funding may be made available to
the central government of any country in which a person
indicted by the Special Court for Sierra Leone or International
Criminal Tribunal for Rwanda is living. The Senate did not
include a similar provision.
Sec. 688. Combating Piracy of United States Copyrighted Materials.
The amended bill includes a provision as proposed by the
House (sec. 695) regarding the use of funds under the heading
``International Narcotics Control and Law Enforcement'' to
combat piracy of United States copyrighted materials overseas.
The Senate did not include a similar provision.
Sec. 689. Neglected Tropical Diseases.
The amended bill includes a modified provision similar to
those proposed by the House (sec. 698) and Senate (sec. 680)
with a change to the funding level.
Sec. 690. Egypt.
The amended bill includes a modified provision, similar to
that proposed by the House, which sets certain conditions on
$100,000,000 of assistance funds for Egypt provided under the
headings ``Foreign Military Financing Program'' or under the
heading ``Economic Support Fund'', unless the Secretary of
State determines it is in the national security interest to
waive the conditions. The Senate did not include a similar
provision.
Sec. 691. Relief for Iraqi, Montagnards, Hmong and other Refugees who
do not Pose a Threat to the United States.
The amended bill includes a provision as proposed by the
House (sec. 699A) and Senate (sec. 694), which amends section
212(a)(3)(B) of the Immigration and Nationality Act to modify
admission qualifications for certain Hmong and other groups
that do not pose a threat to the United States, to designate
the Taliban as a terrorist organization, and to make certain
other technical corrections.
Sec. 692. Report on Anti-Corruption Activities.
The amended bill includes a provision requiring a report on
corruption in countries receiving United States development
assistance and on the specific anti-corruption programs and
activities supported by United States assistance as proposed by
the House. Corruption is an impediment to the economic
development and political stability of many countries as well
as to the effectiveness of United States development
assistance. The Secretary of State, the USAID Administrator,
and other senior United States development officials should
incorporate anti-corruption activities into development
assistance strategies and programs. At a minimum, the report
shall:
(a) include a comparative corruption rating of countries
receiving United States development assistance;
(b) identify which countries are of concern for fiscal
years 2008 and 2009, including countries that the Secretary of
State determines are not making significant efforts to combat
corruption;
(c) for each country determined to be of concern:
(1) describe steps it has taken to combat corruption;
(2) include information on the level of corruption in its
public and private sectors;
(3) assess the extent to which political processes are
credible, transparent and inclusive; and
(4) describe at the program, project, and activity level
how United States assistance in fiscal year 2008, and proposed
for 2009, is designed to strengthen anti-corruption activities,
including specific outcome goals and objectives.
The Secretary of State should utilize available assessments
and methodology to the extent possible to develop the
comparative corruption rating. The Secretary of State shall
consult with the Appropriations Committees and shall report not
later than May 1, 2008, on the methodology and criteria that
will be used to develop the ratings and to determine which
countries are of concern.
Sec. 693. Democracy, Rule of Law, and Governance in Iran.
The amended bill modifies the provisions proposed by the
House (sec. 699C) and Senate (sec. 699B) making $60,000,000
available for programs to promote democracy, rule of law and
governance in Iran.
Sec. 694. Denial of Visas Related to Removal of Aliens.
The amended bill includes a provision as proposed by the
Senate (sec. 699D) that provides that no funds may be used to
grant visas to individuals of countries that are denying or
delaying accepting aliens removed from the United States. The
House included a similar provision (sec. 699G).
Sec. 695. United Nations Human Rights Council.
The amended bill includes a provision as proposed by the
Senate (sec. 699H) and the House (sec. 699J), which prohibits
support to the United Nations Human Rights Council unless the
Secretary of State certifies to the Appropriations Committees
that it is in the national interest to do so.
Sec. 696. Attendance at International Conferences.
The amended bill includes a provision as proposed by the
Senate (sec. 699M) related to attendance at international
meetings. The House included a similar provision.
Sec. 697. Saudi Arabia.
The amended bill modifies the provision related to Saudi
Arabia as proposed by the House (sec. 699N) to reflect current
law.
Sec. 698. Central Asia.
The amended bill includes a provision similar to that
proposed by the Senate (sec. 678) regarding assistance to
Central Asia. The House did not include a similar provision.
Sec. 699. Disability Programs.
The amended bill includes a provision related to disability
programs as proposed by the Senate. The House did not include a
similar provision.
Sec. 699A. Orphans, Displaced and Abandoned Children.
The amended bill includes a provision related to programs
for orphans, displaced and abandoned children as proposed by
the Senate. The House did not include a similar provision.
Sec. 699B. Advisor for Activities Relating to Indigenous Peoples
Internationally.
The amended bill includes a modified provision to establish
an Advisor of Activities Related to Indigenous Peoples
Internationally similar to that proposed by the Senate. The
House did not include a similar provision.
Sec. 699C. Child Soldiers.
The amended bill modifies a provision as proposed by the
Senate (sec. 687), which prohibits the furnishing of military
assistance, equipment or technology to a country that is
identified by the Department of State's 2006 Country Reports on
Human Rights Practices as recruiting or using child soldiers.
The House did not include a similar provision.
Sec. 699D. Funding for Serbia.
The amended bill includes a provision proposed by the
Senate (sec. 661), and similar to that proposed by the House
(sec. 663), which restricts assistance for the central
government of Serbia, after May 31, 2008, for certain specified
conditions.
Sec. 699E. Philippines.
The amended bill includes a provision as proposed by the
Senate (sec. 688), which provides $28,000,000 in assistance
under the ``Foreign Military Financing'' heading for the
Philippines and provides an additional $2,000,000 if the
Secretary of State reports to the Appropriations Committees on
certain issues.
Sec. 699F. Pakistan.
The amended bill includes a modified provision similar to
that proposed by the Senate, making $250,000,000 in FMF
available immediately and the remaining $50,000,000 available
after a report by the Secretary of State. The House did not
include a similar provision.
Sec. 699G. Sri Lanka.
The amended bill includes a provision related to Sri Lanka
as proposed by the Senate (sec. 690) modified to allow certain
surveillance and communication equipment. The House did not
include a similar provision.
Sec. 699H. Multilateral Development Banks.
The amended bill includes a modified provision regarding
the Inspection Panel at the World Bank, as proposed by the
Senate. The House did not include a similar provision. The
provision related to the Anti-Corruption Trust Pilot Program as
proposed by the Senate was not included in the amended bill.
The Appropriations Committees expect the Secretary of the
Treasury to develop and submit to the Committees on
Appropriations, by June 1, 2008, a proposal for the
establishment of an anti-corruption trust fund, or other
mechanism, for the multilateral development banks, the purposes
of which shall include: to assist poor countries in
investigations and prosecutions of fraud and corruption related
to loans, grants, or credits provided to them by a multilateral
development bank; to provide the means for prosecutorial
training and education in order to better equip recipient
countries to fight fraud and corruption; and to build the
capacity of recipient countries to prevent fraud and
corruption. The Appropriations Committees define `poor
countries' as countries eligible to borrow from the
International Development Association.
Sec. 699I. Millennium Challenge Corporation.
The amended bill includes a provision related to the
environmental impact of MCC compacts, as proposed by the
Senate. The House did not include a similar provision. New
language is included that directs the MCC to submit a report to
the Appropriations Committees regarding the MCC's fiscal year
2008 plans and implementation of compacts.
Sec. 699J. Carry Forward of Unused Special Immigrant Visas.
The amended bill includes a provision as proposed by the
Senate (sec. 698) related to special immigrant visas for
translators in Iraq. The House did not include a similar
provision.
Sec. 699K. Iraq.
The amended bill includes a provision as proposed by the
Senate (sec. 699M), which prohibits funds from this Act for
assistance for Iraq; exempting assistance for humanitarian
demining, assistance for refugees and internally displaced
persons, $5,000,000 for the Marla Ruzicka Iraqi War Victims
Fund and $10,000,000 for the rescue of Iraqi scholars under the
heading ``Economic Support Fund.'' The House did not include a
similar provision.
The Department of State shall provide the Appropriations
Committees with the report contained in sec. 699M(b) of the
Senate bill in the manner and timeline prescribed.
The amended bill does not include a provision as proposed
by the Senate restricting assistance for Iraq in this Act or
prior Acts making appropriations for foreign operations, export
financing, and related programs on a Secretary of State
certification that the Appropriations Committees are given
adequate access to conduct needed oversight of Iraq programs.
Should this access not improve, the Appropriations Committees
will address this matter more forcefully in subsequent
appropriations bills.
Sec. 699L. Anti-Kleptocracy.
The amended bill includes a provision as proposed by the
Senate (sec. 699N), which requires the Secretary of State to
compile and maintain a list of foreign government officials and
their immediate family members who have been involved in
corruption relating to the extraction of natural resources in
their countries. The section also requires the imposition of
particular sanctions on these individuals and requires a
report.
Sec. 699M. Comprehensive Nuclear Threat Reduction and Security Plan.
The amended bill includes a modified provision as proposed
by the Senate (sec. 699P), which provides that not later than
180 days after enactment of this Act, the President shall
submit a comprehensive nuclear threat reduction and security
plan, in both classified and unclassified forms.
Sec. 699N. Prohibition on Promotion of Tobacco.
The amended bill includes new language related to the
promotion of tobacco and tobacco products in the developing
world, which continues current law.
Sec. 699O. Unobligated Funds Rescissions.
The amended bill includes rescissions totaling
$158,000,000. Of this amount, $25,000,000 is from prior year
funds under the heading ``Subsidy Appropriation'' for the
Export-Import Bank of the United States. The remaining
$133,000,000 is from prior year balances under the heading
``Economic Support Fund.''
Sec. 699P. Across-the-Board Rescission.
The amended bill includes an across-the-board rescission of
0.81 percent.
PROVISIONS NOT INCLUDED IN THE AMENDED BILL
The amended bill does not include a provision proposed by
the Senate (sec. 301) regarding kidnapping or missing United
States citizens. The Appropriations Committees direct that
funds should be made available for this purpose under the
heading ``International Narcotics Control and Law
Enforcement.''
The amended bill does not include a provision proposed by
the Senate (sec. 619) regarding export financing transfer
authorities. This provision was included in the Transfer
Authority section of the House bill. The amended bill addresses
limiting export financing transfer authorities in section
609(b) of this Act.
The amended bill does not include a provision proposed by
the House (sec. 637) regarding the application in subsequent
Acts of funding ceilings and specifically designated funding
levels. The amended bill addresses this provision in section
637.
The amended bill does not include a provision proposed by
the House (sec. 648) regarding Haiti. The Senate included this
provision in the ``Western Hemisphere'' general provision (sec.
649). The amended bill addresses this provision in section 672,
a new ``Western Hemisphere'' general provision.
The amended bill does not include a provision proposed by
the House (sec. 673) or Senate (sec. 696) regarding assistance
for Cuba.
The amended bill does not include a provision as proposed
by the House (sec. 672), ``Assistance to Colombia Law
Enforcement to Combat Illegal Armed Groups'' or Senate
provision (sec. 657) ``Illegal Armed Groups.'' The amended bill
addresses these issues in section 649.
The amended bill does not include a provision proposed by
both the House (sec. 656) and Senate (sec. 656) that addressed
funding restrictions on the Colombian armed forces and instead
adds the issues addressed by these provisions in section 649.
The amended bill does not include a provision as proposed
by the Senate (sec. 671) requiring the Secretary of State to
submit a report on procedures for monitoring the use of FMF
assistance for certain countries. The Appropriations Committees
direct the Secretary of State to submit a report not later than
90 days after enactment of this Act, detailing the procedures
being applied, on a country-by-country basis, to ensure that
FMF assistance for Bangladesh, the Democratic Republic of the
Congo, Ethiopia, Pakistan, Philippines, and Sri Lanka is not
used by units of the security forces of such countries against
civilians, including civilians who are members of political
opposition parties and human rights groups. The House did not
include a similar provision.
The amended bill does not include a provision as proposed
by the House (sec. 681) regarding anticorruption provisions.
The issues addressed by this provision are included in section
668.
The amended bill does not include a provision ``United
Nations Headquarters Renovation'' as proposed by the House
(sec. 697). The Senate did not have a similar provision. The
Appropriations Committees are concerned that the United Nations
facilities located in New York, New York are not currently in
full compliance with all New York city fire, building and
safety codes. The Department of State is directed to submit
within 45 days of the date of enactment of this Act a report on
whether the United Nations facilities are: 1) currently in
compliance with New York city fire, building and safety codes,
2) have renovation plans for such facilities that meet the
requirements of New York city fire, building and safety codes,
3) have plans for such renovated facilities to maintain
compliance over time, and 4) have plans for the interim
facilities that will be occupied during the renovation to also
meet the fire, building and safety codes.
The amended bill does not include a provision as proposed
by the House (sec. 683) establishing the GROWTH fund. Language
regarding a similar fund is under the ``Development
Assistance'' heading.
The amended bill does not include a provision as proposed
by the House (sec. 690) that required the United States
Executive Director at the International Monetary Fund (IMF) to
use the voice of the United States to ensure that any loan,
agreement, or other program of the IMF does not penalize
countries for increased government spending on health care or
education as proposed by the House. The Appropriations
Committees expect the United States Executive Director to
support IMF efforts to responsibly expand health care,
education, and development spending in developing countries.
The Senate did not have a similar provision.
The amended bill does not include the provision proposed by
the House (sec. 696) or the Senate (sec. 683) regarding
oversight of Iraq reconstruction as the Appropriations
Committees understand this matter is addressed in other
legislation.
The amended bill does not include a provision proposed by
the House regarding Taiwan. The Appropriations Committees
affirm that the Taiwan Relations Act (Public Law 96-8) provides
the legal framework for relations between the United States and
Taiwan. The Appropriations Committees underscore the importance
of peace and stability in the Taiwan Strait, and deplore the
recent decision of the People's Republic of China to block
United States naval vessels from visiting Hong Kong,
particularly two ships seeking safe harbor from a storm.
The amended bill does not include a Senate provision (sec.
699O) concerning a strategy for United States efforts to
resolve the conflict in northern Uganda. The Appropriations
Committees direct the Secretary of State to submit a report to
the Committees on Appropriations not later than 90 days after
enactment of the Act, detailing a strategy for substantially
enhancing United States efforts to resolve the conflict between
the Lord's Resistance Army (LRA) and the Government of Uganda
(GOU), including direct and sustained participation by the U.S.
in confidence-building measures in furtherance of the peace
process; increased diplomatic pressure on the Democratic
Republic of the Congo (to eliminate the LRA's current safe
haven) and on Sudan; brokering direct negotiations between the
GOU and the leaders of the LRA on personal security
arrangements; and financial support for disarmament,
demobilization, and reintegration to provide mid-level LRA
commanders incentives to return to civilian life. The amended
bill provides $5,000,000 to implement the strategy.
The amended bill does not include a provision proposed by
the Senate (sec. 699F) restricting assistance to any
international organization (including the United Nations) that
requires the registration of or taxes a gun owned by a citizen
of the United States. USAID shall consult with the
Appropriations Committees on its conservation programs in
Africa involving hunting.
The amended bill does not include the following House
provisions: sections 699D, 699H, 699F, 699I, 699L, and 699O.
The amended bill does not include the following Senate
provisions: sections 686, 691, 695, 699, 699A, 699C, 699E,
699F, 699G, 699I, 699J, 699K, 699L, 699N, and 699O.
Disclosure of Earmarks and Congressional Directed Spending Items
Neither the text nor the explanatory statement for this
division of the House amendment contains any congressional
earmarks, congressionally directed spending items, limited tax
benefits, or limited tariff benefits as defined in clause 9 of
rule XXI of the Rules of the House of Representatives and rule
XLIV of the Standing Rules of the Senate.
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AMENDED BILL TOTAL--WITH COMPARISONS
The total new budget (obligational) authority for fiscal
year 2008 provided in the amended bill, with comparisons to the
fiscal year 2007 amount, the 2008 budget estimates, and the
House and Senate bills for 2008 follow:
[In thousands of dollars]
New budget (obligational) authority, fiscal year 2007... $37,131,161
Budget estimates of new (obligational) authority, fiscal
year 2008........................................... 35,101,620
House bill, fiscal year 2008............................ 34,401,900
Senate bill, fiscal year 2008........................... 34,400,900
Amended bill, fiscal year 2008.......................... 35,343,826
Amended bill compared with:
New budget (obligational) authority, fiscal year
2007.............................................. -1,787,335
Budget estimates of new (obligational) authority,
fiscal year 2008.................................. +242,206
House bill, fiscal year 2008........................ +941,926
Senate bill, fiscal year 2008....................... +942,926