[Congressional Record (Bound Edition), Volume 153 (2007), Part 17]
[Senate]
[Pages 23747-23790]
[From the U.S. Government Publishing Office, www.gpo.gov]




     DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS 
                        APPROPRIATIONS ACT, 2008

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will proceed to the consideration of H.R. 2764, which the clerk 
will report.
  The assistant legislative clerk read as follows:

       A bill (H.R. 2764) making appropriations for the Department 
     of State, foreign operations, and related programs for the 
     fiscal year ending September 30, 2008, and for other 
     purposes.
  The Senate proceeded to consider the bill, which had been reported 
from the Committee on Appropriations, with an amendment to strike all 
after the enacting clause and insert in lieu thereof the following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2008, and for other purposes, namely:

[[Page 23748]]



                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

                     (Including Transfer of Funds)

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, including 
     employment, without regard to civil service and 
     classification laws, of persons on a temporary basis (not to 
     exceed $700,000 of this appropriation), as authorized by 
     section 801 of the United States Information and Educational 
     Exchange Act of 1948; representation to certain international 
     organizations in which the United States participates 
     pursuant to treaties ratified pursuant to the advice and 
     consent of the Senate or specific Acts of Congress; arms 
     control, nonproliferation and disarmament activities as 
     authorized; acquisition by exchange or purchase of passenger 
     motor vehicles as authorized by law; and for expenses of 
     general administration, $3,885,375,000: Provided, That of the 
     amount made available under this heading, not to exceed 
     $10,000,000 may be transferred to and merged with 
     ``Emergencies in the Diplomatic and Consular Service'', to be 
     available only for emergency evacuations and terrorism 
     rewards: Provided further, That of the funds appropriated 
     under this heading, $8,131,000 shall be available for the 
     Office of the Director of United States Foreign Assistance 
     and $1,000,000 shall not be obligated until consultations 
     with the Congress, arising from the report submitted pursuant 
     to section 653(a) of the Foreign Assistance Act of 1961, have 
     been completed: Provided further, That of the amount made 
     available under this heading, not less than $364,905,000 
     shall be available only for public diplomacy international 
     information programs: Provided further, That of the funds 
     made available under this heading, $5,000,000 shall be made 
     available for a demonstration program to expand access to 
     consular services: Provided further, That of the funds made 
     available under this heading, $40,000,000 shall be made 
     available for passport operations, facilities, and systems: 
     Provided further, That the funds appropriated by the previous 
     proviso shall be in addition to amounts otherwise made 
     available for such purposes: Provided further, That of the 
     funds made available under this heading in this Act and in 
     prior Acts making appropriations for the Department of State, 
     foreign operations, export financing and related programs, up 
     to $200,000,000 may be transferred to, and merged with, funds 
     appropriated under the heading ``Millennium Challenge 
     Corporation'', subject to section 615 of this Act: Provided 
     further, That of the funds appropriated under this heading, 
     $6,000,000 shall be made available for the Ambassador's Fund 
     for Cultural Preservation of which $1,500,000 shall be for 
     grants of not less than $500,000 for significant historic 
     preservation projects: Provided further, That there shall be 
     one additional senior permanent position at United States 
     Embassy Moscow whose sole responsibilities shall be to 
     monitor human rights and the implementation of Russian laws 
     relating to nongovernmental organizations, communicate United 
     States support for human rights defenders and journalists who 
     are harassed and arrested, and support the work of civil 
     society groups: Provided further, That funds available under 
     this heading may be made available for a United States 
     Government interagency task force to examine, coordinate and 
     oversee United States participation in the United Nations 
     headquarters renovation project: Provided further, That funds 
     appropriated under this heading are available, pursuant to 31 
     U.S.C. 1108(g), for the field examination of programs and 
     activities in the United States funded from any account in 
     this title.
       In addition, not to exceed $1,558,390 shall be derived from 
     fees collected from other executive agencies for lease or use 
     of facilities located at the International Center in 
     accordance with section 4 of the International Center Act; in 
     addition, as authorized by section 5 of such Act, $490,000, 
     to be derived from the reserve authorized by that section, to 
     be used for the purposes set out in that section; in 
     addition, as authorized by section 810 of the United States 
     Information and Educational Exchange Act, not to exceed 
     $6,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs and from fees from educational advising 
     and counseling and exchange visitor programs; and, in 
     addition, not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges, and fees for use of Blair House 
     facilities.
       In addition, for the costs of worldwide security 
     protection, $909,598,000, to remain available until expended.


                        Capital Investment Fund

       For necessary expenses of the Capital Investment Fund, 
     $63,743,000, to remain available until expended, as 
     authorized: Provided, That section 135(e) of Public Law 103-
     236 shall not apply to funds available under this heading.


                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     $35,508,000, notwithstanding section 209(a)(1) of the Foreign 
     Service Act of 1980 (Public Law 96-465), as it relates to 
     post inspections.


               Educational and Cultural Exchange Programs

       For expenses of educational and cultural exchange programs, 
     as authorized, $509,482,000, to remain available until 
     expended: Provided, That not to exceed $5,000,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching, educational advising and 
     counseling programs, and exchange visitor programs as 
     authorized: Provided further, That of the funds available 
     under this heading up to $2,000,000 may be made available to 
     the Senator Paul Simon Study Abroad Foundation, subject to 
     authorization: Provided further, That if a majority of the 
     Board of Directors of such Foundation is not confirmed by the 
     Senate by August 1, 2008, the Secretary shall provide 
     $1,000,000 of such funds to the Benjamin A. Gilman 
     International Scholarship Program and $1,000,000 shall be 
     provided to the Fulbright Program to augment existing study 
     abroad programs.


                       Representation Allowances

       For representation allowances as authorized, $8,175,000.


              Protection of Foreign Missions and Officials

       For expenses, not otherwise provided, to enable the 
     Secretary of State to provide for extraordinary protective 
     services, as authorized, $14,000,000, to remain available 
     until September 30, 2009.


            Embassy Security, Construction, and Maintenance

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926 (22 U.S.C. 292-303), preserving, 
     maintaining, repairing, and planning for buildings that are 
     owned or directly leased by the Department of State, 
     renovating, in addition to funds otherwise available, the 
     Harry S Truman Building, and carrying out the Diplomatic 
     Security Construction Program as authorized, $792,534,000, to 
     remain available until expended as authorized, of which not 
     to exceed $25,000 may be used for domestic and overseas 
     representation as authorized: Provided, That none of the 
     funds appropriated in this paragraph shall be available for 
     acquisition of furniture, furnishings, or generators for 
     other departments and agencies.
       In addition, for the costs of worldwide security upgrades, 
     acquisition, and construction as authorized, $649,278,000, to 
     remain available until expended.


           Emergencies in the Diplomatic and Consular Service

                     (Including Transfer of Funds)

       For expenses necessary to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service, $9,000,000, only for emergency evacuations 
     and terrorism rewards, to remain available until expended, of 
     which not to exceed $1,000,000 may be transferred to and 
     merged with the ``Repatriation Loans Program Account'', 
     subject to the same terms and conditions.


                   Repatriation Loans Program Account

                     (Including Transfer of Funds)

       For the cost of direct loans, $678,000, as authorized: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $607,000, which may be 
     transferred to and merged with ``Diplomatic and Consular 
     Programs''.


              Payment to the American Institute in Taiwan

       For necessary expenses to carry out the Taiwan Relations 
     Act (Public Law 96-8), $16,351,000.


     Payment to the Foreign Service Retirement and Disability Fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized by law, $158,900,000.

                      International Organizations


              Contributions to International Organizations

       For expenses, not otherwise provided for, necessary to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $1,374,400,000, to remain 
     available until September 30, 2009: Provided, That the 
     Secretary of State shall, at the time of the submission of 
     the President's budget to Congress under section 1105(a) of 
     title 31, United States Code, transmit to the Committees on 
     Appropriations the most recent biennial budget prepared by 
     the United Nations for the operations of the United Nations: 
     Provided further, That the Secretary of State shall notify 
     the Committees on Appropriations at least 15 days in advance 
     (or in an emergency, as far in advance as is practicable) of 
     any United Nations action to increase funding for any United 
     Nations program without identifying an offsetting decrease 
     elsewhere in the United Nations budget and cause the United 
     Nations budget for the biennium 2008-2009 to exceed the 
     revised United Nations budget level for the biennium 2006-
     2007 of $4,173,895,900: Provided further, That any payment of 
     arrearages under this title shall be directed toward 
     activities that are mutually agreed upon by the United States 
     and the respective international organization: Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for a United States contribution 
     to an international organization for the United States share 
     of interest costs made known to the United States Government 
     by such organization for loans incurred on or after October 
     1, 1984, through external borrowings.

[[Page 23749]]




        Contributions for International Peacekeeping Activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $1,352,000,000, of which 15 percent shall remain 
     available until September 30, 2009: Provided, That at least 
     15 days in advance of voting in the United Nations Security 
     Council (or in an emergency as far in advance as is 
     practicable) for any new or expanded United Nations 
     peacekeeping mission, the Secretary of State shall, with 
     regard to any new or expanded mission, notify the Committees 
     on Appropriations and other appropriate Committees of the 
     Congress of its estimated cost and duration, the United 
     States national interest that will be served, the planned 
     exit strategy, the specific measures the United Nations is 
     taking to prevent United Nations employees, contractor 
     personnel, and peacekeeping forces serving in any such 
     mission from trafficking in persons, exploiting victims of 
     trafficking, or committing acts of illegal sexual 
     exploitation, and to hold accountable individuals who engage 
     in such acts while participating in the peacekeeping mission; 
     and a notification of funds pursuant to section 615 of this 
     Act is submitted, and the procedures therein followed, 
     setting forth the source of funds that will be used to pay 
     for the cost of the new or expanded mission: Provided 
     further, That funds shall be available for peacekeeping 
     expenses only after a determination by the Secretary of State 
     that American manufacturers and suppliers are being given 
     opportunities to provide equipment, services, and material 
     for United Nations peacekeeping activities equal to those 
     being given to foreign manufacturers and suppliers.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:


                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $30,430,000.


                              Construction

       For detailed plan preparation and construction of 
     authorized projects, $88,425,000, to remain available until 
     expended, as authorized.


              American Sections, International Commissions

       For necessary expenses, not otherwise provided, for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and for the Border Environment Cooperation 
     Commission as authorized by Public Law 103-182, $11,250,000, 
     of which not to exceed $9,000 shall be available for 
     representation expenses incurred by the International Joint 
     Commission.


                  International Fisheries Commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $27,054,000: Provided, That the United States' share of 
     such expenses may be advanced to the respective commissions 
     pursuant to 31 U.S.C. 3324: Provided further, That funds 
     appropriated under this heading shall be available for 
     programs in the amounts contained in the table included in 
     the report accompanying this Act and no proposal for 
     deviation from those amounts shall be considered.

                                 Other


                     Payment to the Asia Foundation

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


         Center for Middle Eastern-Western Dialogue Trust Fund

       For necessary expenses of the Center for Middle Eastern-
     Western Dialogue Trust Fund, the total amount of the interest 
     and earnings accruing to such Fund on or before September 30, 
     2008, to remain available until expended.


                 Eisenhower Exchange Fellowship Program

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
     5205), all interest and earnings accruing to the Eisenhower 
     Exchange Fellowship Program Trust Fund on or before September 
     30, 2008, to remain available until expended: Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary or other compensation, or to enter into any 
     contract providing for the payment thereof, in excess of the 
     rate authorized by 5 U.S.C. 5376; or for purposes which are 
     not in accordance with OMB Circulars A-110 (Uniform 
     Administrative Requirements) and A-122 (Cost Principles for 
     Non-profit Organizations), including the restrictions on 
     compensation for personal services.

                    israeli arab scholarship program

       For necessary expenses of the Israeli Arab Scholarship 
     Program as authorized by section 214 of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 
     2452), all interest and earnings accruing to the Israeli Arab 
     Scholarship Fund on or before September 30, 2008, to remain 
     available until expended.


                            East-West Center

       To enable the Secretary of State to provide for carrying 
     out the provisions of the Center for Cultural and Technical 
     Interchange Between East and West Act of 1960, by grant to 
     the Center for Cultural and Technical Interchange Between 
     East and West in the State of Hawaii, $20,000,000: Provided, 
     That none of the funds appropriated herein shall be used to 
     pay any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.

                            RELATED AGENCIES

                    Broadcasting Board of Governors


                 International Broadcasting Operations

       For expenses necessary to enable the Broadcasting Board of 
     Governors, as authorized, to carry out international 
     communication activities, including the purchase, rent, 
     construction, and improvement of facilities for radio and 
     television transmission and reception and purchase, lease, 
     and installation and operation of necessary equipment, 
     including aircraft, for radio and television transmission and 
     reception to Cuba, and to make and supervise grants for radio 
     and television broadcasting to the Middle East, $662,727,000: 
     Provided, That of the total amount in this heading, not to 
     exceed $16,000 may be used for official receptions within the 
     United States as authorized, not to exceed $35,000 may be 
     used for representation abroad as authorized, and not to 
     exceed $39,000 may be used for official reception and 
     representation expenses of Radio Free Europe/Radio Liberty; 
     and in addition, notwithstanding any other provision of law, 
     not to exceed $2,000,000 in receipts from advertising and 
     revenue from business ventures, not to exceed $500,000 in 
     receipts from cooperating international organizations, and 
     not to exceed $1,000,000 in receipts from privatization 
     efforts of the Voice of America and the International 
     Broadcasting Bureau, to remain available until expended for 
     carrying out authorized purposes.


                   Broadcasting Capital Improvements

       For the purchase, rent, construction, and improvement of 
     facilities for radio transmission and reception, and purchase 
     and installation of necessary equipment for radio and 
     television transmission and reception as authorized, 
     $10,748,000, to remain available until expended, as 
     authorized.

      Commission for the Preservation of America's Heritage Abroad


                         SALARIES AND EXPENSES

       For necessary expenses for the Commission for the 
     Preservation of America's Heritage Abroad, $499,000, as 
     authorized by section 1303 of Public Law 99-83.

             Commission on International Religious Freedom


                         SALARIES AND EXPENSES

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (Public Law 
     105-292), $3,000,000, to remain available until September 30, 
     2009.

            Commission on Security and Cooperation in Europe


                         SALARIES AND EXPENSES

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304, 
     $2,037,000, to remain available until September 30, 2009.

  Congressional-Executive Commission on the People's Republic of China


                         SALARIES AND EXPENSES

       For necessary expenses of the Congressional-Executive 
     Commission on the People's Republic of China, as authorized, 
     $2,000,000, including not more than $3,000 for the purpose of 
     official representation, to remain available until September 
     30, 2009.

      United States-China Economic and Security Review Commission


                         SALARIES AND EXPENSES

       For necessary expenses of the United States-China Economic 
     and Security Review Commission, $2,962,000, including not 
     more than $3,000 for the purpose of official representation, 
     to remain available until September 30, 2008: Provided, That 
     funds appropriated under this heading shall only be available 
     for obligation in accordance with a spending plan submitted 
     to the Committees on Appropriations which effectively 
     addresses the recommendations of the Government 
     Accountability Office's audit of the Commission: Provided 
     further, That the Commission shall provide to the Committees 
     on Appropriations a quarterly accounting of the cumulative 
     balances of any unobligated funds that were received by the 
     Commission during any previous fiscal year.

          United States Senate-China Interparliamentary Group


                         SALARIES AND EXPENSES

       For necessary expenses of the United States Senate-China 
     Interparliamentary Group, as authorized under section 153 of 
     the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; 
     Public Law 108-99; 118 Stat. 448), $150,000, to remain 
     available until September 30, 2009.

                    United States Institute of Peace


                           OPERATING EXPENSES

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, $25,000,000, to remain available until September 30, 
     2009.

[[Page 23750]]



                     GENERAL PROVISIONS--THIS TITLE


                      allowances and differentials

       Sec. 101. Funds appropriated under this Act shall be 
     available, except as otherwise provided, for allowances and 
     differentials as authorized by subchapter 59 of title 5, 
     United States Code; for services as authorized by 5 U.S.C. 
     3109; and for hire of passenger transportation pursuant to 31 
     U.S.C. 1343(b).


                      unobligated balances report

       Sec. 102. The Department of State and the Broadcasting 
     Board of Governors shall provide to the Committees on 
     Appropriations a quarterly accounting of the cumulative 
     balances of any unobligated funds that were received by such 
     agency during any previous fiscal year.


                          embassy construction

       Sec. 103. (a) Except as provided in subsection (b), a 
     project to construct a diplomatic facility of the United 
     States may not include office space or other accommodations 
     for an employee of a Federal agency or department if the 
     Secretary of State determines that such department or agency 
     has not provided to the Department of State the full amount 
     of funding required by subsection (e) of section 604 of the 
     Secure Embassy Construction and Counterterrorism Act of 1999 
     (as enacted into law by section 1000(a)(7) of Public Law 106-
     113 and contained in appendix G of that Act; 113 Stat. 1501A-
     453), as amended by section 629 of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 2005.
       (b) Notwithstanding the prohibition in subsection (a), a 
     project to construct a diplomatic facility of the United 
     States may include office space or other accommodations for 
     members of the Marine Corps.


                         peacekeeping missions

       Sec. 104. None of the funds made available under title I of 
     this Act may be used for any United Nations undertaking when 
     it is made known to the Federal official having authority to 
     obligate or expend such funds that: (1) the United Nations 
     undertaking is a peacekeeping mission; (2) such undertaking 
     will involve United States Armed Forces under the command or 
     operational control of a foreign national; and (3) the 
     President's military advisors have not submitted to the 
     President a recommendation that such involvement is in the 
     national security interests of the United States and the 
     President has not submitted to the Congress such a 
     recommendation.


                            Denial of Visas

       Sec. 105. (a) None of the funds appropriated or otherwise 
     made available under this Act shall be expended for any 
     purpose for which appropriations are prohibited by section 
     616 of the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1999.
       (b) The requirements in subsections (b) and (c) of section 
     616 of that Act shall continue to apply during fiscal year 
     2008.


                UNITED STATES CITIZENS BORN IN JERUSALEM

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


                      state department authorities

       Sec. 107. Funds appropriated under this Act for the 
     Broadcasting Board of Governors and the Department of State 
     may be obligated and expended notwithstanding section 15 of 
     the State Department Basic Authorities Act of 1956, section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995 (Public Law 103-236), and section 504(a)(1) of 
     the National Security Act of 1947 (50 U.S.C. 414(a)(1)).


           Restriction on Contributions to the United Nations

       Sec. 108. None of the funds appropriated or otherwise made 
     available under any title of this Act may be made available 
     to make any assessed contribution or voluntary payment of the 
     United States to the United Nations if the United Nations 
     implements or imposes any taxation on any United States 
     persons.


                           Personnel Actions

       Sec. 109. Any costs incurred by a department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this section is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 615 of 
     title VI of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.


               restrictions on united nations delegations

       Sec. 110. None of the funds made available in this Act may 
     be used to pay expenses for any United States delegation to 
     any specialized agency, body, or commission of the United 
     Nations if such commission is chaired or presided over by a 
     country, the government of which the Secretary of State has 
     determined, for purposes of section 6(j)(1) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has 
     provided support for acts of international terrorism.


                  Palestinian Broadcasting Corporation

       Sec. 111. None of the funds appropriated or otherwise made 
     available in this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.


                Attendance at International Conferences

       Sec. 112. None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees of agencies or departments of the United 
     States Government who are stationed in the United States, at 
     any single international conference occurring outside the 
     United States, unless the Secretary of State determines that 
     such attendance is in the national interest: Provided, That 
     for purposes of this section the term ``international 
     conference'' shall mean a conference attended by 
     representatives of the United States Government and 
     representatives of foreign governments, international 
     organizations, or nongovernmental organizations.


                        PEACEKEEPING ASSESSMENT

       Sec. 113. Section 404(b)(2)(B) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995, as amended (22 
     U.S.C. 287e note) is further amended at the end by adding the 
     following:
       ``(v) For assessments made during calendar year 2008, 27.1 
     percent.''


                          alhurra broadcasting

       Sec. 114. Funds appropriated by this Act, and any 
     subsequent emergency supplemental appropriations Act for 
     fiscal year 2008, may be made available for the programs and 
     activities of Alhurra only if the Secretary of State 
     certifies and reports to the Committees on Appropriations 
     that Alhurra does not advocate on behalf of any organization 
     that the Secretary knows, or has reason to believe, engages 
     in terrorist activities.
       Sec. 115. Commission Financial Management. (a) Term 
     Limits.--Section 1238(b)(3) of Public Law 106-398 is amended 
     by striking subparagraph (G) and inserting the following:
       ``(G) a member of the Commission may not be reappointed for 
     an additional term of service if that member has twice been 
     appointed to the Commission; and''.
       (b) Requirement for Performance Reviews.--The United 
     States-China Economic and Security Review Commission shall 
     comply with chapter 43 of title 5, United States Code, 
     regarding the establishment and regular review of employee 
     performance appraisals.
       (c) Limitation on Cash Awards.--The United States-China 
     Economic and Security Review Commission shall comply with 
     section 4505a of title 5, United States Code, with respect to 
     limitations on payment of performance-based cash awards.
       (d) Annual Financial Audit.--The Commission shall provide 
     to Congress an annual comprehensive independent financial 
     audit of all obligations and expenditures, not later than 
     June 30 each year hereafter.


                               REFERENCES

       Sec. 116. Except as otherwise provided in this title, any 
     reference in this title to ``this Act'' shall be deemed to be 
     a reference only to title I.

                                TITLE II

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                           INSPECTOR GENERAL

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $1,000,000, to remain available until 
     September 30, 2009.


                         Loans Program Account

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country, other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act, that has detonated a nuclear explosive after 
     the date of the enactment of this Act: Provided further, That 
     notwithstanding section 1(c) of Public Law 103-428, as 
     amended, sections 1(a) and (b) of Public Law 103-428 shall 
     remain in effect through October 1, 2008: Provided further, 
     That 10 percent of the aggregate loan, guarantee, and 
     insurance authority available to the Export-Import Bank under 
     this or any prior Act should be used for renewable energy and 
     environmentally beneficial products and services.


                         SUBSIDY APPROPRIATION

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, $68,000,000, to 
     remain available until September 30, 2011: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That such sums shall remain 
     available until September 30, 2026, for the disbursement of 
     direct loans, loan guarantees, insurance and tied-aid grants 
     obligated in fiscal years 2008, 2009, 2010, and 2011: 
     Provided further, That none of the funds appropriated by this 
     Act or any prior Act appropriating funds for foreign 
     operations, export financing, and related programs for tied-
     aid credits or grants may be used for any other purpose 
     except through the regular notification procedures of the 
     Committees

[[Page 23751]]

     on Appropriations: Provided further, That funds appropriated 
     by this paragraph are made available notwithstanding section 
     2(b)(2) of the Export-Import Bank Act of 1945, in connection 
     with the purchase or lease of any product by any Eastern 
     European country, any Baltic State or any agency or national 
     thereof.


                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 5 
     U.S.C. 3109, and not to exceed $30,000 for official reception 
     and representation expenses for members of the Board of 
     Directors, $78,000,000: Provided, That the Export-Import Bank 
     may accept, and use, payment or services provided by 
     transaction participants for legal, financial, or technical 
     services in connection with any transaction for which an 
     application for a loan, guarantee or insurance commitment has 
     been made: Provided further, That notwithstanding subsection 
     (b) of section 117 of the Export Enhancement Act of 1992, 
     subsection (a) thereof shall remain in effect until October 
     1, 2008.


                           RECEIPTS COLLECTED

       Receipts collected pursuant to the Export-Import Bank Act 
     of 1945, as amended, and the Federal Credit Reform Act of 
     1990, as amended, in an amount not to exceed the amount 
     appropriated herein, shall be credited as offsetting 
     collections to this account: Provided, That the sums herein 
     appropriated from the General Fund shall be reduced on a 
     dollar-for-dollar basis by such offsetting collections so as 
     to result in a final fiscal year appropriation from the 
     General Fund estimated at $0: Provided further, That amounts 
     collected in fiscal year 2008 in excess of obligations, up to 
     $50,000,000, shall become available October 1, 2008 and shall 
     remain available until September 30, 2011.

                Overseas Private Investment Corporation


                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary: Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $47,500,000: Provided further, That 
     project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.


                            program account

       For the cost of direct and guaranteed loans, $21,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Non-Credit Account: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That such sums shall be available 
     for direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 2008, 2009, and 2010: 
     Provided further, That funds so obligated in fiscal year 2008 
     remain available for disbursement through 2016; funds 
     obligated in fiscal year 2009 remain available for 
     disbursement through 2017; funds obligated in fiscal year 
     2010 remain available for disbursement through 2018: Provided 
     further, That notwithstanding any other provision of law, the 
     Overseas Private Investment Corporation is authorized to 
     undertake any program authorized by title IV of the Foreign 
     Assistance Act of 1961 in Iraq: Provided further, That funds 
     made available pursuant to the authority of the previous 
     proviso shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       In addition, such sums as may be necessary for 
     administrative expenses to carry out the credit program may 
     be derived from amounts available for administrative expenses 
     to carry out the credit and insurance programs in the 
     Overseas Private Investment Corporation Noncredit Account and 
     merged with said account.

                  Funds Appropriated to the President


                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $50,400,000, to remain available until September 30, 2009.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For expenses necessary to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 2008, 
     unless otherwise specified herein, as follows:


                         global health programs

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for global health activities, in addition to funds 
     otherwise available for such purposes, $6,531,425,000, to 
     remain available until September 30, 2009: Provided, That 
     this amount shall be made available for such activities as: 
     (1) child survival programs; (2) immunization and oral 
     rehydration programs; (3) other health, nutrition, water and 
     sanitation programs which directly address the needs of 
     mothers and children, and related education programs; (4) 
     assistance for children displaced or orphaned by causes other 
     than AIDS; (5) programs for the prevention, treatment, 
     control of, and research on HIV/AIDS, tuberculosis, polio, 
     malaria, and other infectious diseases, and for assistance to 
     communities severely affected by HIV/AIDS, including children 
     displaced or orphaned by AIDS; and (6) family planning/
     reproductive health: Provided further, That none of the funds 
     appropriated under this heading may be made available for 
     nonproject assistance, except that funds may be made 
     available for such assistance for ongoing health activities: 
     Provided further, That of the funds appropriated under this 
     heading, not to exceed $350,000, in addition to funds 
     otherwise available for such purposes, may be used to monitor 
     and provide oversight of child survival, maternal and family 
     planning/reproductive health, and infectious disease 
     programs: Provided further, That the following amounts should 
     be allocated as follows: $450,000,000 for child survival and 
     maternal health; $15,000,000 for vulnerable children; 
     $634,675,000 for other infectious diseases; and $395,000,000 
     for family planning/reproductive health, including in areas 
     where population growth threatens biodiversity or endangered 
     species: Provided further, That of the funds appropriated 
     under this heading, $75,000,000 should be made available for 
     a United States contribution to The GAVI Fund, and up to 
     $6,000,000 may be transferred to and merged with funds 
     appropriated by this Act under the heading ``Operating 
     Expenses of the United States Agency for International 
     Development'' for costs directly related to global health, 
     but funds made available for such costs may not be derived 
     from amounts made available for contribution under this and 
     preceding provisos: Provided further, That none of the funds 
     made available in this Act nor any unobligated balances from 
     prior appropriations may be made available to any 
     organization or program which directly supports coercive 
     abortion or involuntary sterilization: Provided further, That 
     none of the funds made available under this Act may be used 
     to pay for the performance of abortion as a method of family 
     planning or to motivate or coerce any person to practice 
     abortions: Provided further, That nothing in this paragraph 
     shall be construed to alter any existing statutory 
     prohibitions against abortion under section 104 of the 
     Foreign Assistance Act of 1961: Provided further, That none 
     of the funds made available under this Act may be used to 
     lobby for or against abortion: Provided further, That in 
     order to reduce reliance on abortion in developing nations, 
     funds shall be available only for voluntary family planning 
     projects which offer, either directly or through referral to, 
     or information about access to, a broad range of family 
     planning methods and services with proven effectiveness, and 
     that any such voluntary family planning project shall meet 
     the following requirements: (1) service providers or referral 
     agents in the project shall not implement or be subject to 
     quotas, or other numerical targets, of total number of 
     births, number of family planning acceptors, or acceptors of 
     a particular method of family planning (this provision shall 
     not be construed to include the use of quantitative estimates 
     or indicators for budgeting and planning purposes); (2) the 
     project shall not include payment of incentives, bribes, 
     gratuities, or financial reward to: (A) An individual in 
     exchange for becoming a family planning acceptor; or (B) 
     program personnel for achieving a numerical target or quota 
     of total number of births, number of family planning 
     acceptors, or acceptors of a particular method of family 
     planning; (3) the project shall not deny any right or 
     benefit, including the right of access to participate in any 
     program of general welfare or the right of access to health 
     care, as a consequence of any individual's decision not to 
     accept family planning services; (4) the project shall 
     provide family planning acceptors comprehensible information 
     on the health benefits and risks of the method chosen, 
     including those conditions that might render the use of the 
     method inadvisable and those adverse side effects known to be 
     consequent to the use of the method; and (5) the project 
     shall ensure that experimental contraceptive drugs and 
     devices and medical procedures are provided only in the 
     context of a scientific study in which participants are 
     advised of potential risks and benefits; and, not less than 
     60 days after the date on which the Administrator of the 
     United States Agency for International Development determines 
     that there has been a violation of the requirements contained 
     in paragraph (1), (2), (3), or (5) of this proviso, or a 
     pattern or practice of violations of the requirements 
     contained in paragraph (4) of this proviso, the Administrator 
     shall submit to the Committees on Appropriations a report 
     containing a description of such violation and the corrective 
     action taken by the Agency: Provided further, That in 
     awarding grants for natural family planning under section 104 
     of the Foreign Assistance Act of 1961 no applicant shall be 
     discriminated against because of such applicant's religious 
     or conscientious commitment to offer only natural family 
     planning; and, additionally, all such applicants shall comply 
     with the requirements of the previous proviso: Provided 
     further, That for purposes of this or any other Act 
     authorizing or appropriating funds for foreign operations, 
     export financing, and related programs, the term 
     ``motivate'', as it relates to family planning assistance, 
     shall not be construed to prohibit the provision, consistent 
     with local law, of information or counseling about all 
     pregnancy options: Provided further,

[[Page 23752]]

     That to the maximum extent practicable, taking into 
     consideration cost, timely availability, and best health 
     practices, funds appropriated in this Act or prior 
     appropriations Acts that are made available for condom 
     procurement should be made available only for the procurement 
     of condoms manufactured in the United States: Provided 
     further, That information provided about the use of condoms 
     as part of projects or activities that are funded from 
     amounts appropriated by this Act shall be medically accurate 
     and shall include the public health benefits and failure 
     rates of such use.
       Of the funds appropriated under this heading, for necessary 
     expenses to carry out the provisions of the Foreign 
     Assistance Act of 1961 for the prevention, treatment, and 
     control of, and research on, HIV/AIDS, including for children 
     displaced or orphaned by AIDS, $5,050,000,000, to remain 
     available until expended, of which $550,000,000 shall be made 
     available, notwithstanding any other provision of law, except 
     for the United States Leadership Against HIV/AIDS, 
     Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for 
     a United States contribution to the Global Fund to Fight 
     AIDS, Tuberculosis and Malaria, and shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities: Provided, That up to 5 percent of the 
     aggregate amount of funds made available to the Global Fund 
     in fiscal year 2008 may be made available to the United 
     States Agency for International Development for technical 
     assistance related to the activities of the Global Fund: 
     Provided further, That of the funds appropriated by this 
     paragraph, up to $13,000,000 may be made available, in 
     addition to amounts otherwise available for such purposes, 
     for administrative expenses of the Office of the Global AIDS 
     Coordinator: Provided further, That the Global AIDS 
     Coordinator shall include in each country operational plan 
     for fiscal year 2008 a health workforce strategy for meeting 
     HIV/AIDS goals without reducing the capacity of the country 
     to meet other health needs: Provided further, That of the 
     funds appropriated by this paragraph, not less than 
     $45,000,000 shall be made available to support the 
     development of microbicides as a means for combating HIV/
     AIDS, and not less than $40,000,000 shall be made available 
     for a United States contribution to UNAIDS: Provided further, 
     That funds made available under this heading shall be made 
     available notwithstanding the second sentence of section 
     403(a) of Public Law 108-25.


                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, and sections 251 through 255, and 
     chapter 10 of part I of the Foreign Assistance Act of 1961, 
     $1,455,000,000, to remain available until September 30, 2009: 
     Provided, That of the funds appropriated under this heading 
     that are made available for assistance programs for displaced 
     and orphaned children and victims of war, not to exceed 
     $43,000, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     such programs: Provided further, That of the funds 
     appropriated by this Act, not less than $250,000,000 shall be 
     made available for microenterprise and microfinance 
     development programs for the poor, especially women: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $29,000,000 shall be made available for 
     Collaborative Research Support Programs: Provided further, 
     That of the funds appropriated under this heading, $750,000 
     shall be made available to implement 7 U.S.C. section 1736g-
     2(a)(2)(C) to improve food aid product quality and nutrient 
     delivery: Provided further, That of the funds appropriated 
     under this heading, not less than $22,000,000 should be made 
     available for the American Schools and Hospitals Abroad 
     program: Provided further, That of the funds appropriated 
     under this heading, $12,000,000 may be made available for 
     cooperative development programs within the Office of Private 
     and Voluntary Cooperation: Provided further, That of the 
     funds appropriated in this Act, not less than $300,000,000 
     shall be made available for safe drinking water and 
     sanitation supply projects only to implement the Senator Paul 
     Simon Water for the Poor Act of 2005 (Public Law 109-121), of 
     which not less than $125,000,000 should be made available for 
     such projects in Africa including drilling wells in northern 
     Niger, Mali and elsewhere in the African Sahel region.


                   international disaster assistance

       For necessary expenses to carry out the provisions of 
     section 491 of the Foreign Assistance Act of 1961 for 
     international disaster relief, rehabilitation, and 
     reconstruction assistance, $322,350,000, to remain available 
     until expended, of which $20,000,000 should be for famine 
     prevention and relief.


                         transition initiatives

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


                      development credit authority

                     (including transfer of funds)

       For the cost of direct loans and loan guarantees provided 
     by the United States Agency for International Development, as 
     authorized by sections 256 and 635 of the Foreign Assistance 
     Act of 1961, up to $21,000,000 may be derived by transfer 
     from funds appropriated by this Act to carry out part I of 
     such Act and under the heading ``Assistance for Eastern 
     Europe and the Baltic States'': Provided, That such funds 
     shall be made available only for micro and small enterprise 
     programs, urban programs, and other programs which further 
     the purposes of part I of the Act: Provided further, That 
     such costs, including the cost of modifying such direct and 
     guaranteed loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That funds made available by this paragraph may be 
     used for the cost of modifying any such guaranteed loans 
     under this Act or prior Acts, and funds used for such costs 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations: Provided further, That the 
     provisions of section 107A(d) (relating to general provisions 
     applicable to the Development Credit Authority) of the 
     Foreign Assistance Act of 1961, as contained in section 306 
     of H.R. 1486 as reported by the House Committee on 
     International Relations on May 9, 1997, shall be applicable 
     to direct loans and loan guarantees provided under this 
     heading: Provided further, That these funds are available to 
     subsidize total loan principal, any portion of which is to be 
     guaranteed, of up to $700,000,000.
       In addition, for administrative expenses to carry out 
     credit programs administered by the United States Agency for 
     International Development, $8,920,000, which may be 
     transferred to and merged with the appropriation for 
     Operating Expenses of the United States Agency for 
     International Development: Provided, That funds made 
     available under this heading shall remain available until 
     September 30, 2010.


   operating expenses of the united states agency for international 
                              development

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $645,700,000, of which up to $25,000,000 may remain available 
     until September 30, 2009: Provided, That none of the funds 
     appropriated under this heading and under the heading 
     ``Capital Investment Fund'' may be made available to finance 
     the construction (including architect and engineering 
     services), purchase, or long-term lease of offices for use by 
     the United States Agency for International Development, 
     unless the Administrator has identified such proposed 
     construction (including architect and engineering services), 
     purchase, or long-term lease of offices in a report submitted 
     to the Committees on Appropriations at least 15 days prior to 
     the obligation of these funds for such purposes: Provided 
     further, That the previous proviso shall not apply where the 
     total cost of construction (including architect and 
     engineering services), purchase, or long-term lease of 
     offices does not exceed $1,000,000: Provided further, That 
     contracts or agreements entered into with funds appropriated 
     under this heading may entail commitments for the expenditure 
     of such funds through fiscal year 2009: Provided further, 
     That any decision to open a new overseas mission or office of 
     the United States Agency for International Development or, 
     except where there is a substantial security risk to mission 
     personnel, to close or significantly reduce the number of 
     personnel of any such mission or office, shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations: Provided further, That the authority of 
     sections 610 and 109 of the Foreign Assistance Act of 1961 
     may be exercised by the Secretary of State to transfer funds 
     appropriated to carry out chapter 1 of part I of such Act to 
     ``Operating Expenses of the United States Agency for 
     International Development'' in accordance with the provisions 
     of those sections.


                        Capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667 of the Foreign Assistance Act of 
     1961, $90,508,000, to remain available until expended: 
     Provided, That this amount is in addition to funds otherwise 
     available for such purposes: Provided further, That funds 
     appropriated under this heading shall be available for 
     obligation only pursuant to the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That of the funds appropriated under this heading, 
     not to exceed $75,144,500 may be made available for the 
     purposes of implementing the Capital Security Cost Sharing 
     Program.


   operating expenses of the united states agency for international 
                development office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance

[[Page 23753]]

     Act of 1961, $38,000,000, to remain available until September 
     30, 2009, which sum shall be available for the Office of the 
     Inspector General of the United States Agency for 
     International Development.

                  Other Bilateral Economic Assistance


                         economic support fund

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $3,015,000,000, to remain available until September 30, 2009: 
     Provided, That funds appropriated under this heading that are 
     available for Egypt shall be provided with the understanding 
     that Egypt will undertake significant economic and democratic 
     reforms which are additional to those which were undertaken 
     in previous fiscal years, including the benchmarks 
     accompanying the ``Financial Sector Reform Memorandum of 
     Understanding'' dated March 20, 2005: Provided further, That 
     with respect to the provision of assistance for Egypt for 
     democracy, human rights and governance activities, the 
     organizations implementing such assistance and the specific 
     nature of that assistance shall not be subject to the prior 
     approval by the Government of Egypt: Provided further, That 
     of the funds appropriated under this heading that are 
     available for assistance for Egypt, not less than $15,000,000 
     should be made available for democracy, human rights and 
     governance programs and not less than $50,000,000 should be 
     used for education programs, of which not less than 
     $10,000,000 should be made available for scholarships for 
     Egyptian students with high financial need to attend United 
     States accredited institutions of higher education in Egypt: 
     Provided further, That funds appropriated under this heading 
     that are available for assistance for Cyprus should be used 
     only for scholarships, administrative support of the 
     scholarship program, bicommunal projects, and measures aimed 
     at reunification of the island and designed to reduce 
     tensions and promote peace and cooperation between the two 
     communities on Cyprus: Provided further, That of the funds 
     appropriated under this heading, $363,547,000 shall be made 
     available for assistance for Jordan: Provided further, That 
     of the funds appropriated under this heading, $75,000,000 
     shall be made available for assistance for the West Bank and 
     Gaza, of which not to exceed $2,000,000 may be used for 
     administrative expenses of the United States Agency for 
     International Development, in addition to funds otherwise 
     available for such purposes, to carry out programs in the 
     West Bank and Gaza: Provided further, That of the funds 
     appropriated under this heading, not less than $30,000,000 
     shall be made available for assistance for the Philippines 
     and not less than $10,700,000 shall be made available for 
     assistance for Vietnam: Provided further, That $45,000,000 of 
     the funds appropriated under this heading shall be made 
     available for assistance for Lebanon, of which not less than 
     $10,000,000 should be made available for scholarships and 
     direct support of United States educational institutions in 
     Lebanon, and of which not less than $500,000 shall be made 
     available to the United States Forest Service for forest 
     management and wildlife conservation programs in Lebanon: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $5,000,000 shall be made available for 
     the fund established by section 2108 of Public Law 109-13: 
     Provided further, That of the funds appropriated under this 
     heading, $3,000,000 shall be made available for programs to 
     promote democracy and human rights in North Korea: Provided 
     further, That of the funds appropriated under this heading 
     for assistance for Cambodia, $15,000,000 shall be made 
     available to support, democracy, the rule of law, and human 
     rights in Cambodia, including assistance for democratic 
     political parties: Provided further, That notwithstanding any 
     other provision of law, funds appropriated under this heading 
     may be made available for programs and activities in the 
     Central Highlands of Vietnam: Provided further, That of the 
     funds appropriated under this heading for the Middle East 
     Partnership Initiative, not less than $5,000,000 shall be 
     made available to rescue Iraqi scholars: Provided further, 
     That of the funds appropriated under this heading that are 
     available for assistance for the Democratic Republic of 
     Timor-Leste, up to $1,000,000 may be available for 
     administrative expenses of the United States Agency for 
     International Development in addition to amounts otherwise 
     made available for such purposes: Provided further, That of 
     the funds appropriated under this heading, not less than 
     $12,000,000 shall be made available for a United States 
     contribution to the Special Court for Sierra Leone, not less 
     than $3,000,000 shall be made available for a United States 
     contribution to the Extractive Industries Transparency 
     Initiative Trust Fund, not less than $3,000,000 shall be made 
     available to support implementation of the Kimberley Process 
     Certification Scheme with an emphasis on support for regional 
     efforts to combat cross-border smuggling and for monitoring 
     by civil society groups, not less than $2,500,000 shall be 
     made available for East Asia and Pacific Environmental 
     Initiatives, and not less than $5,000,000 shall be made 
     available for programs to protect biodiversity in Colombia's 
     national parks and indigenous reserves: Provided further, 
     That funds appropriated under this heading that are made 
     available for a Middle East Financing Facility, Middle East 
     Enterprise Fund, or any other similar entity in the Middle 
     East shall be subject to the regular notification procedures 
     of the Committees on Appropriations: Provided further, That 
     of the funds appropriated under this heading, not less than 
     $10,000,000 shall be made available for labor and 
     environmental capacity building activities relating to the 
     free trade agreements with the countries of Central America 
     and the Dominican Republic.


          assistance for eastern europe and the baltic states

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 and the Support for East 
     European Democracy (SEED) Act of 1989, $294,568,000, to 
     remain available until September 30, 2009, which shall be 
     available, notwithstanding any other provision of law, for 
     assistance and for related programs for Eastern Europe and 
     the Baltic States.
       (b) Funds appropriated under this heading shall be 
     considered to be economic assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities contained in that Act for the use 
     of economic assistance.
       (c) The provisions of section 628 of this Act shall apply 
     to funds appropriated under this heading: Provided, That 
     notwithstanding any provision of this or any other Act, 
     including provisions in this subsection regarding the 
     application of section 628 of this Act, local currencies 
     generated by, or converted from, funds appropriated by this 
     Act and by previous appropriations Acts and made available 
     for the economic revitalization program in Bosnia may be used 
     in Eastern Europe and the Baltic States to carry out the 
     provisions of the Foreign Assistance Act of 1961 and the 
     Support for East European Democracy (SEED) Act of 1989.


    assistance for the independent states of the former soviet union

       For necessary expenses to carry out the provisions of 
     chapters 11 and 12 of part I of the Foreign Assistance Act of 
     1961 and the FREEDOM Support Act, for assistance for the 
     Independent States of the former Soviet Union and for related 
     programs, $401,885,000, to remain available until September 
     30, 2009: Provided, That the provisions of such chapters 
     shall apply to funds appropriated by this paragraph: Provided 
     further, That funds made available for the Southern Caucasus 
     region may be used, notwithstanding any other provision of 
     law, for confidence-building measures and other activities in 
     furtherance of the peaceful resolution of regional conflicts, 
     especially those in the vicinity of Abkhazia and Nagorno-
     Karabagh: Provided further, That of the funds appropriated 
     under this heading, not less than $8,000,000 shall be made 
     available for humanitarian, conflict mitigation, human 
     rights, civil society, and relief and recovery assistance for 
     Chechnya, Ingushetia, Dagestan, and North Ossetia-Alania in 
     the North Caucasus: Provided further, That of the funds 
     appropriated under this heading that are available for 
     assistance for Russia, not less than $500,000 shall be made 
     available to the United States Forest Service for forest 
     management and wildlife conservation programs in the Russian 
     Far East: Provided further, That notwithstanding any other 
     provision of law, funds appropriated under this heading in 
     this Act or prior Acts making appropriations for foreign 
     operations, export financing, and related programs, that are 
     made available pursuant to the provisions of section 807 of 
     Public Law 102-511 shall be subject to a 6 percent ceiling on 
     administrative expenses.

                          Independent Agencies


                       Inter-American Foundation

       For necessary expenses to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, 
     $22,000,000, to remain available until September 30, 2009.


                     AFRICAN DEVELOPMENT FOUNDATION

       For necessary expenses to carry out title V of the 
     International Security and Development Cooperation Act of 
     1980, Public Law 96-533, $30,000,000, to remain available 
     until September 30, 2009: Provided, That funds made available 
     to grantees may be invested pending expenditure for project 
     purposes when authorized by the Board of Directors of the 
     Foundation: Provided further, That interest earned shall be 
     used only for the purposes for which the grant was made: 
     Provided further, That notwithstanding section 505(a)(2) of 
     the African Development Foundation Act, (1) in exceptional 
     circumstances the Board of Directors of the Foundation may 
     waive the $250,000 limitation contained in that section with 
     respect to a project and (2) a project may exceed the 
     limitation by up to $10,000 if the increase is due solely to 
     foreign currency fluctuation: Provided further, That the 
     Foundation shall provide a report to the Committees on 
     Appropriations after each time such waiver authority is 
     exercised.


                              peace corps

                     (Including Transfer of Funds)

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (75 Stat. 612), including the purchase of not 
     to exceed five passenger motor vehicles for administrative 
     purposes for use outside of the United States, $323,500,000, 
     to remain available until September 30, 2009: Provided, That 
     none of the funds appropriated under this heading shall be 
     used to pay for abortions: Provided further, That the 
     Director may transfer to the Foreign Currency Fluctuations 
     Account, as authorized by 22 U.S.C. 2515, an amount not to 
     exceed $2,000,000: Provided further, That funds transferred 
     pursuant to the previous proviso may not be derived from 
     amounts made available for Peace Corps overseas operations.


                    Millennium Challenge Corporation

       For necessary expenses to carry out the provisions of the 
     Millennium Challenge Act of 2003,

[[Page 23754]]

     $1,200,000,000, to remain available until expended: Provided, 
     That of the funds appropriated under this heading, up to 
     $75,000,000 may be available for administrative expenses of 
     the Millennium Challenge Corporation: Provided further, That 
     up to 10 percent of the funds appropriated under this heading 
     may be made available to carry out the purposes of section 
     616 of the Millennium Challenge Act of 2003 for candidate 
     countries for fiscal year 2008: Provided further, That none 
     of the funds available to carry out section 616 of such Act 
     may be made available until the Chief Executive Officer of 
     the Millennium Challenge Corporation provides a report to the 
     Committees on Appropriations listing the candidate countries 
     that will be receiving assistance under section 616 of such 
     Act, the level of assistance proposed for each such country, 
     a description of the proposed programs, projects and 
     activities, and the implementing agency or agencies of the 
     United States Government: Provided further, That section 
     605(e)(4) of the Millennium Challenge Act of 2003 shall apply 
     to funds appropriated under this heading: Provided further, 
     That funds appropriated under this heading may be made 
     available for a Millennium Challenge Compact entered into 
     pursuant to section 609 of the Millennium Challenge Act of 
     2003 only if such Compact obligates, or contains a commitment 
     to obligate subject to the availability of funds and the 
     mutual agreement of the parties to the Compact to proceed, 
     the entire amount of the United States Government funding 
     anticipated for the duration of the Compact.

                          Department of State


                             DEMOCRACY FUND

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 for the promotion of 
     democracy globally, $177,000,000, of which the following 
     amounts shall be made available, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     until September 30, 2010--
       (1) $75,000,000 for the Human Rights and Democracy Fund of 
     the Bureau of Democracy, Human Rights and Labor, Department 
     of State, of which $15,000,000 shall be for democracy and 
     rule of law programs in the People's Republic of China, Hong 
     Kong, and Taiwan: Provided, That assistance for Taiwan should 
     be matched from sources other than the United States 
     Government: Provided further, That $10,000,000 shall be made 
     available for programs and activities for the promotion of 
     democracy in countries located outside the Middle East region 
     with a significant Muslim population, and where such programs 
     and activities would be important to United States efforts to 
     respond to, deter, or prevent acts of international 
     terrorism: Provided further, That funds used for such 
     purposes should support new initiatives and activities in 
     those countries; and
       (2) $102,000,000 for the National Endowment for Democracy: 
     Provided, That of the funds appropriated by this Act under 
     the headings ``Development Assistance'', ``Economic Support 
     Fund'', and ``Assistance for the Independent States of the 
     Former Soviet Union'', an additional $18,000,000 shall be 
     made available for the programs and activities of the 
     National Endowment of Democracy.
       (b) Funds appropriated by this Act that are made available 
     for the promotion of democracy may be made available 
     notwithstanding any other provision of this or any other Act 
     and, with regard to the National Endowment for Democracy, any 
     regulation. Funds appropriated under this heading are in 
     addition to funds otherwise available for such purposes.
       (c) The Assistant Secretary of State for Democracy, Human 
     Rights and Labor shall be responsible for--
       (1) all policy, funding, and programming decisions 
     regarding funds made available in this Act and subsequent 
     Acts making appropriations for the Department of State, 
     foreign operations, export financing, and related programs 
     for the Human Rights and Democracy Fund of the Bureau of 
     Democracy, Human Rights, and Labor; and
       (2) the development of strategies for the promotion of 
     democracy globally and the coordination of democracy programs 
     between the United States Department of State and the United 
     States Agency for International Development.
       (d) For the purposes of funds appropriated by this Act, the 
     term ``promotion of democracy'' means programs that support 
     good governance, human rights, independent media, and the 
     rule of law, and otherwise strengthen the capacity of 
     democratic political parties, governments, nongovernmental 
     institutions, and citizens to support the development of 
     democratic states, institutions, and practices that are 
     responsive and accountable to citizens.
       (e) Any contract, grant or cooperative agreement (or any 
     amendment to any contract, grant, or cooperative agreement) 
     in excess of $2,500,000 for the promotion of democracy under 
     this Act shall be subject to the regular notification 
     procedures of the Committees on Appropriations.


          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $558,449,000, to remain 
     available until September 30, 2010: Provided, That during 
     fiscal year 2008, the Department of State may also use the 
     authority of section 608 of the Foreign Assistance Act of 
     1961, without regard to its restrictions, to receive excess 
     property from an agency of the United States Government for 
     the purpose of providing it to a foreign country under 
     chapter 8 of part I of that Act subject to the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That the Secretary of State shall provide 
     to the Committees on Appropriations not later than 45 days 
     after the date of the enactment of this Act and prior to the 
     initial obligation of funds appropriated under this heading, 
     a report on the proposed uses of all funds under this heading 
     on a country-by-country basis for each proposed program, 
     project, or activity: Provided further, That of the funds 
     appropriated under this heading, not less than $19,000,000 
     shall be made available for training programs and activities 
     of the International Law Enforcement Academies: Provided 
     further, That funds appropriated under this heading shall be 
     made available for training of foreign law enforcement and 
     judicial personnel in the prevention of violence and 
     discrimination on account of sexual orientation or gender 
     identity: Provided further, That of the funds appropriated 
     under this heading, not less than $10,500,000 should be made 
     available for programs to combat trafficking in persons and 
     migrant smuggling: Provided further, That of the funds 
     appropriated under this heading, not more than $38,000,000 
     may be available for administrative expenses.


                            Andean programs

                     (including transfer of funds)

       (a) For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961 to support counterdrug, 
     economic and social development, rule of law, and other 
     activities in the Andean region of South America, 
     $415,050,000, to remain available until September 30, 2010.
       (b) In fiscal year 2008, funds available to the Department 
     of State for assistance to the Government of Colombia may be 
     made available to support a unified campaign against drug 
     trafficking, against activities by organizations designated 
     as Foreign Terrorist Organizations, and to take actions to 
     protect human health and welfare in emergency circumstances, 
     including undertaking rescue operations: Provided, That this 
     authority shall cease to be effective if the Secretary of 
     State has credible evidence that the Colombian Armed Forces 
     are not conducting vigorous operations to restore civilian 
     government authority and respect for human rights in areas 
     under the effective control of paramilitary organizations or 
     successor armed groups: Provided further, That the President 
     shall ensure that if any helicopter procured with funds under 
     this heading is used to aid or abet the operations of any 
     such organization, the helicopter shall be immediately 
     returned to the United States: Provided further, That section 
     482(b) of the Foreign Assistance Act of 1961 shall not apply 
     to funds appropriated under this heading: Provided further, 
     That assistance provided with funds appropriated under this 
     heading that is made available notwithstanding section 482(b) 
     of the Foreign Assistance Act of 1961 shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (c) Of the funds appropriated under this heading that are 
     available for assistance for Colombia, not less than 
     $22,000,000 shall be made available for the Office of the 
     Attorney General, of which $5,000,000 shall be for the Human 
     Rights Unit, $5,000,000 shall be for the Justice and Peace 
     Unit, $9,000,000 shall be used to develop a witness 
     protection program for victims of armed groups, and 
     $3,000,000 shall be for investigations of mass graves and 
     identification of remains: Provided further, That of the 
     funds appropriated under this heading that are available for 
     assistance for Colombia, $5,000,000 shall be for the Office 
     of the Procuraduria General de la Nacion, $3,000,000 shall be 
     for the Office of the Defensoria del Pueblo, and $750,000 
     shall be made available for a United States contribution to 
     the Office of the United Nations High Commissioner for Human 
     Rights in Colombia to support monitoring and public reporting 
     of human rights conditions in the field.
       (d) Funds appropriated by this Act that are available for 
     aerial eradication of coca in Colombia may be made available 
     only for targeted eradication in specific areas and only if 
     the Secretary of State certifies to the Committees on 
     Appropriations that manual eradication in such areas is not 
     feasible: Provided, That not more than 20 percent of such 
     funds may be made available unless the Secretary of State 
     certifies to the Committees on Appropriations that: (1) the 
     herbicide is being used in accordance with EPA label 
     requirements for comparable use in the United States and with 
     Colombian laws; and (2) the herbicide, in the manner it is 
     being used, does not pose unreasonable risks or adverse 
     effects to humans or the environment including endemic 
     species: Provided further, That such funds may not be made 
     available unless the Secretary of State certifies to the 
     Committees on Appropriations that complaints of harm to 
     health or licit crops caused by such aerial eradication are 
     thoroughly evaluated and fair compensation is being paid in a 
     timely manner for meritorious claims, and the Secretary 
     submits a report to the Committees on Appropriations 
     detailing all claims, evaluations, and compensation paid 
     during the twelve month period prior to the date of enactment 
     of this Act: Provided further, That such funds may not be 
     made available for such purposes unless programs are being 
     implemented by the United States Agency for International 
     Development, the Government of Colombia, or other 
     organizations, in consultation and coordination with local 
     communities, to provide alternative sources of income in 
     municipalities where security permits for small-acreage 
     growers whose illicit crops are targeted for aerial 
     eradication: Provided further, That funds appropriated by 
     this Act may be used for aerial eradication in Colombia's 
     national parks or reserves only if the Secretary of State 
     determines on a case-by-case basis that there are no

[[Page 23755]]

     feasible alternatives and the eradication is conducted in 
     accordance with Colombian laws: Provided further, That of the 
     funds appropriated under this heading that are available for 
     Colombia, $10,000,000 shall be transferred to, and merged 
     with, funds appropriated under the heading ``Foreign Military 
     Financing Program'' and shall be made available only for 
     assistance for the Colombian military to provide security for 
     manual eradication programs, including in national parks: 
     Provided further, That none of the funds appropriated by this 
     Act shall be made available for the cultivation or processing 
     of African oil palm, if doing so would contribute to 
     significant loss of native species or the forced displacement 
     of local people.
       (e) No United States Armed Forces personnel or United 
     States civilian contractor employed by the United States will 
     participate in any combat operation in connection with 
     assistance made available by this Act for Colombia.
       (f) Funds appropriated under this heading that are made 
     available for assistance for the Bolivian military may be 
     made available for such purposes only if the Secretary of 
     State certifies that the Bolivian military is respecting 
     human rights, and civilian judicial authorities are 
     investigating and prosecuting, with the military's full 
     cooperation, military personnel who have been implicated in 
     gross violations of human rights.
       (g) Of the funds appropriated under this heading, not more 
     than $16,000,000 may be available for administrative expenses 
     of the Department of State, and not more than $8,000,000 may 
     be available, in addition to amounts otherwise available for 
     such purposes, for administrative expenses of the United 
     States Agency for International Development.
       (h) The Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, shall provide to the Committees on 
     Appropriations not later than 45 days after the date of the 
     enactment of this Act and prior to the initial obligation of 
     funds appropriated under this heading, a report on the 
     proposed uses of all funds under this heading on a country-
     by-country basis for each proposed program, project, or 
     activity.


                    migration and refugee assistance

       For expenses, not otherwise provided for, necessary to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High Commissioner for Refugees, and other activities 
     to meet refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $889,000,000, 
     to remain available until expended: Provided, That not more 
     than $23,000,000 may be available for administrative 
     expenses: Provided further, That $40,000,000 of the funds 
     made available under this heading shall be made available for 
     refugees resettling in Israel: Provided further, That funds 
     made available under this heading shall be made available for 
     assistance for refugees from North Korea.


     United States Emergency Refugee and Migration Assistance Fund

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 2601(c)), $45,000,000, to remain 
     available until expended: Provided, That funds made available 
     under this heading are appropriated notwithstanding the 
     provisions contained in section 2(c)(2) of such Act which 
     would limit the amount of funds which could be appropriated 
     for this purpose.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $499,000,000, to carry out the provisions of chapter 8 of 
     part II of the Foreign Assistance Act of 1961 for anti-
     terrorism assistance, chapter 9 of part II of the Foreign 
     Assistance Act of 1961, section 504 of the FREEDOM Support 
     Act, section 23 of the Arms Export Control Act or the Foreign 
     Assistance Act of 1961 for demining activities, the clearance 
     of unexploded ordnance, the destruction of small arms, and 
     related activities, notwithstanding any other provision of 
     law, including activities implemented through nongovernmental 
     and international organizations, and section 301 of the 
     Foreign Assistance Act of 1961 for a voluntary contribution 
     to the International Atomic Energy Agency (IAEA), and for a 
     United States contribution to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission: Provided, That of this 
     amount not to exceed $32,000,000, to remain available until 
     expended, may be made available for the Nonproliferation and 
     Disarmament Fund, notwithstanding any other provision of law, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation and disarmament: Provided further, That such 
     funds may also be used for such countries other than the 
     Independent States of the former Soviet Union and 
     international organizations when it is in the national 
     security interest of the United States to do so: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $30,000,000 shall be made available for the 
     Biosecurity Engagement Program: Provided further, That funds 
     appropriated under this heading may be made available for the 
     International Atomic Energy Agency only if the Secretary of 
     State determines (and so reports to the Congress) that Israel 
     is not being denied its right to participate in the 
     activities of that Agency: Provided further, That of the 
     funds made available for demining and related activities, not 
     to exceed $700,000, in addition to funds otherwise available 
     for such purposes, may be used for administrative expenses 
     related to the operation and management of the demining 
     program: Provided further, That funds appropriated under this 
     heading that are available for ``Anti-terrorism Assistance'' 
     and ``Export Control and Border Security'' shall remain 
     available until September 30, 2009.

                       Department of the Treasury


               International Affairs Technical Assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961, 
     $22,800,000, to remain available until September 30, 2010, 
     which shall be available notwithstanding any other provision 
     of law.


                           Debt Restructuring

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to parts IV and V 
     of the Foreign Assistance Act of 1961, of modifying 
     concessional credit agreements with least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended, of concessional loans, guarantees and credit 
     agreements, as authorized under section 572 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1989 (Public Law 100-461), and of 
     canceling amounts owed, as a result of loans or guarantees 
     made pursuant to the Export-Import Bank Act of 1945, by 
     countries that are eligible for debt reduction pursuant to 
     title V of H.R. 3425 as enacted into law by section 
     1000(a)(5) of Public Law 106-113, $200,300,000, to remain 
     available until September 30, 2010: Provided, That not less 
     than $20,000,000 of the funds appropriated under this heading 
     shall be made available to carry out the provisions of part V 
     of the Foreign Assistance Act of 1961: Provided further, That 
     amounts paid to the HIPC Trust Fund may be used only to fund 
     debt reduction under the enhanced HIPC initiative by--
       (1) the Inter-American Development Bank;
       (2) the African Development Fund;
       (3) the African Development Bank; and
       (4) the Central American Bank for Economic Integration:

     Provided further, That funds may not be paid to the HIPC 
     Trust Fund for the benefit of any country if the Secretary of 
     State has credible evidence that the government of such 
     country is engaged in a consistent pattern of gross 
     violations of internationally recognized human rights or in 
     military or civil conflict that undermines its ability to 
     develop and implement measures to alleviate poverty and to 
     devote adequate human and financial resources to that end: 
     Provided further, That on the basis of final appropriations, 
     the Secretary of the Treasury shall consult with the 
     Committees on Appropriations concerning which countries and 
     international financial institutions are expected to benefit 
     from a United States contribution to the HIPC Trust Fund 
     during the fiscal year: Provided further, That the Secretary 
     of the Treasury shall inform the Committees on Appropriations 
     not less than 15 days in advance of the signature of an 
     agreement by the United States to make payments to the HIPC 
     Trust Fund of amounts for such countries and institutions: 
     Provided further, That the Secretary of the Treasury may 
     disburse funds designated for debt reduction through the HIPC 
     Trust Fund only for the benefit of countries that--
       (1) have committed, for a period of 24 months, not to 
     accept new market-rate loans from the international financial 
     institution receiving debt repayment as a result of such 
     disbursement, other than loans made by such institutions to 
     export-oriented commercial projects that generate foreign 
     exchange which are generally referred to as ``enclave'' 
     loans; and
       (2) have documented and demonstrated their commitment to 
     redirect their budgetary resources from international debt 
     repayments to programs to alleviate poverty and promote 
     economic growth that are additional to or expand upon those 
     previously available for such purposes:

     Provided further, That any limitation of subsection (e) of 
     section 411 of the Agricultural Trade Development and 
     Assistance Act of 1954 shall not apply to funds appropriated 
     under this heading: Provided further, That none of the funds 
     made available under this heading in this or any other 
     appropriations Act shall be made available for Sudan or Burma 
     unless the Secretary of the Treasury determines and notifies 
     the Committees on Appropriations that a democratically 
     elected government has taken office.

                                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

[[Page 23756]]

     shall not be available for Equatorial Guinea: Provided 
     further, That the civilian personnel for whom military 
     education and training may be provided under this heading may 
     include civilians who are not members of a government whose 
     participation would contribute to improved civil-military 
     relations, civilian control of the military, or respect for 
     human rights: Provided further, That funds appropriated under 
     this heading that are made available for assistance for 
     Angola, Cameroon, Central African Republic, Chad, Cote 
     d'Ivoire, Guinea, Libya, and Nepal may be made available only 
     for expanded international military education and training: 
     Provided further, That expanded international military 
     education and training may include English language training 
     for purposes of funds appropriated under this heading: 
     Provided further, That funds made available under this 
     heading for assistance for Haiti, Guatemala, the Democratic 
     Republic of the Congo, Sri Lanka, Ethiopia, Bangladesh, 
     Libya, Angola, and Nigeria may only be provided through the 
     regular notification procedures of the Committees on 
     Appropriations.


                   Foreign Military Financing Program

       For expenses necessary for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $4,579,000,000: Provided, That of the funds 
     appropriated under this heading, not less than $2,400,000,000 
     shall be available for grants only for Israel: Provided 
     further, That the funds appropriated by this paragraph for 
     Israel shall be disbursed within 30 days of the enactment of 
     this Act or by October 31, 2007, whichever is later: Provided 
     further, That to the extent that the Government of Israel 
     requests that funds be used for such purposes, grants made 
     available for Israel by this paragraph shall, as agreed by 
     Israel and the United States, be available for advanced 
     weapons systems, of which not less than $631,200,000 shall be 
     available for the procurement in Israel of defense articles 
     and defense services, including research and development: 
     Provided further, That of the funds appropriated by this 
     paragraph, $300,000,000 shall be made available for 
     assistance for Jordan: Provided further, That of the funds 
     appropriated under this heading, not less than $8,413,000 
     shall be made available for assistance for Tunisia: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $1,300,000,000 shall be made available for 
     grants only for Egypt: Provided further, That funds made 
     available under this heading for assistance for Egypt should 
     be made available for counterterrorism and border security 
     programs in the Sinai: Provided further, That of the funds 
     appropriated under this heading that are available for 
     Colombia, $10,000,000 shall be made available for medical and 
     rehabilitation assistance, removal of landmines, and to 
     enhance communications capabilities: Provided further, That 
     funds appropriated or otherwise made available by this 
     paragraph shall be nonrepayable notwithstanding any 
     requirement in section 23 of the Arms Export Control Act: 
     Provided further, That funds made available under this 
     paragraph shall be obligated upon apportionment in accordance 
     with paragraph (5)(C) of title 31, United States Code, 
     section 1501(a): Provided further, That 0.1 percent of the 
     funds appropriated under this heading shall be transferred to 
     and merged with funds appropriated under the heading 
     ``Economic Support Fund'' to be made available to the Bureau 
     of Democracy, Human Rights and Labor, Department of State, to 
     ensure adequate monitoring of the use of assistance made 
     available under this heading in countries where such 
     monitoring is most needed, in addition to amounts otherwise 
     available for such purposes.
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurements has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurements may be financed with such funds: 
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 515 of this Act: Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for assistance for Sudan: Provided 
     further, That none of the funds appropriated under this 
     heading may be made available for assistance for Haiti, 
     Guatemala, Nepal, Sri Lanka, Pakistan, Bangladesh, 
     Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and 
     Democratic Republic of the Congo except pursuant to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That funds made available 
     under this heading may be used, notwithstanding any other 
     provision of law, for demining, the clearance of unexploded 
     ordnance, and related activities, and may include activities 
     implemented through nongovernmental and international 
     organizations: Provided further, That only those countries 
     for which assistance was justified for the ``Foreign Military 
     Sales Financing Program'' in the fiscal year 1989 
     congressional presentation for security assistance programs 
     may utilize funds made available under this heading for 
     procurement of defense articles, defense services or design 
     and construction services that are not sold by the United 
     States Government under the Arms Export Control Act: Provided 
     further, That funds appropriated under this heading shall be 
     expended at the minimum rate necessary to make timely payment 
     for defense articles and services: Provided further, That not 
     more than $41,900,000 of the funds appropriated under this 
     heading may be obligated for necessary expenses, including 
     the purchase of passenger motor vehicles for replacement only 
     for use outside of the United States, for the general costs 
     of administering military assistance and sales: Provided 
     further, That not more than $395,000,000 of funds realized 
     pursuant to section 21(e)(1)(A) of the Arms Export Control 
     Act may be obligated for expenses incurred by the Department 
     of Defense during fiscal year 2008 pursuant to section 43(b) 
     of the Arms Export Control Act, except that this limitation 
     may be exceeded only through the regular notification 
     procedures of the Committees on Appropriations: Provided 
     further, That foreign military financing program funds 
     estimated to be outlayed for Egypt during fiscal year 2008 
     may be transferred to an interest bearing account for Egypt 
     in the Federal Reserve Bank of New York.


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $273,200,000: Provided, That of the funds made available 
     under this heading, not less than $25,000,000 shall be made 
     available for a United States contribution to the 
     Multinational Force and Observers mission in the Sinai: 
     Provided further, That none of the funds appropriated under 
     this heading shall be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

                                TITLE V

                    MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president

                  International Financial Institutions

                      global environment facility

       For the United States contribution for the Global 
     Environment Facility, $106,763,000 to the International Bank 
     for Reconstruction and Development as trustee for the Global 
     Environment Facility (GEF), by the Secretary of the Treasury, 
     to remain available until expended.


       Contribution to the International Development Association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $1,000,000,000, to remain 
     available until expended: Provided, That funds appropriated 
     under this heading should not be obligated until the 
     Secretary of the Treasury reports to the Committees on 
     Appropriations that he has received written assurance from 
     the President of the World Bank that the bank's management 
     will not recommend or support any loan, grant, credit or 
     other financing for any infrastructure project which would 
     contribute to significant loss of tropical forest or 
     biodiversity.


Contribution to the Enterprise for the Americas Multilateral Investment 
                                  Fund

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, for the 
     United States contribution to the fund, $25,000,000, to 
     remain available until expended.


               contribution to the asian development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the Asian 
     Development Fund, as authorized by the Asian Development Bank 
     Act, as amended, $90,000,000, to remain available until 
     expended.


              Contribution to the African Development Bank

       For payment to the African Development Bank by the 
     Secretary of the Treasury, $2,037,000, for the United States 
     paid-in share of the increase in capital stock, to remain 
     available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the African Development Bank 
     may subscribe without fiscal year limitation for the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $31,918,770.


              contribution to the african development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the African 
     Development Fund, $105,000,000, to remain available until 
     expended.


  Contribution to the European Bank for Reconstruction and Development

       For payment to the European Bank for Reconstruction and 
     Development by the Secretary of the Treasury, $10,159 for the 
     United States share of the paid-in portion of the increase in 
     capital stock, to remain available until expended.

  contribution to the international fund for agricultural development

       For the United States contribution by the Secretary of the 
     Treasury to increase the resources of the International Fund 
     for Agricultural Development, $18,072,000, to remain 
     available until expended.

                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $313,925,000: Provided, That of 
     the funds appropriated under this heading that are available 
     for the Organization of American States Fund for 
     Strengthening Democracy, $500,000 shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.

[[Page 23757]]



                                TITLE VI

                           GENERAL PROVISIONS


  compensation for united states executive directors to international 
                         financial institutions

       Sec. 601. (a) No funds appropriated by this Act may be made 
     as payment to any international financial institution while 
     the United States Executive Director to such institution is 
     compensated by the institution at a rate which, together with 
     whatever compensation such Director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States Director to such institution is 
     compensated by the institution at a rate in excess of the 
     rate provided for an individual occupying a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (b) For purposes of this section ``international financial 
     institutions'' are: the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


                              allocations

       Sec. 602. (a) Funds provided in this Act for the following 
     accounts shall be made available for programs and countries 
     in the amounts contained in the respective tables included in 
     the report accompanying this Act:
       ``Educational and Cultural Exchange Programs''.
       ``Embassy Security, Construction, and Maintenance''.
       ``International Fisheries Commissions''.
       ``International Broadcasting Operations''.
       ``Global Health Programs''.
       ``Economic Support Fund''.
       ``Assistance for Eastern Europe and the Baltic States''.
       ``Assistance for the Independent States of the Former 
     Soviet Union''.
       ``Democracy Fund''.
       ``Andean Programs''.
       ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs''.
       ``Foreign Military Financing Program''.
       ``International Organizations and Programs''.
       (b) Any proposed increases or decreases to the amounts 
     contained in such tables in the accompanying report shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations and section 634A of the Foreign 
     Assistance Act of 1961.


                    limitation on residence expenses

       Sec. 603. Of the funds appropriated or made available 
     pursuant to title III of this Act, not to exceed $100,500 
     shall be for official residence expenses of the United States 
     Agency for International Development during the current 
     fiscal year: Provided, That appropriate steps shall be taken 
     to assure that, to the maximum extent possible, United 
     States-owned foreign currencies are utilized in lieu of 
     dollars.


                      unobligated balances report

       Sec. 604. Any Department or Agency to which funds are 
     appropriated or otherwise made available by this Act shall 
     provide, upon request of the Committees on Appropriations, an 
     accurate accounting by program, project, and activity of the 
     funds received by such Department or Agency in this fiscal 
     year or any previous fiscal year that remain unobligated and 
     unexpended.


               limitation on representational allowances

       Sec. 605. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $250,000 shall be 
     available for representation and entertainment allowances, of 
     which not to exceed $5,000 shall be available for 
     entertainment allowances, for the United States Agency for 
     International Development during the current fiscal year: 
     Provided, That no such entertainment funds may be used for 
     the purposes listed in section 648 of this Act: Provided 
     further, That appropriate steps shall be taken to assure 
     that, to the maximum extent possible, United States-owned 
     foreign currencies are utilized in lieu of dollars: Provided 
     further, That of the funds made available by this Act for 
     general costs of administering military assistance and sales 
     under the heading ``Foreign Military Financing Program'', not 
     to exceed $4,000 shall be available for entertainment 
     expenses and not to exceed $130,000 shall be available for 
     representation allowances: Provided further, That of the 
     funds made available by this Act under the heading 
     ``International Military Education and Training'', not to 
     exceed $55,000 shall be available for entertainment 
     allowances: Provided further, That of the funds made 
     available by this Act for the Inter-American Foundation, not 
     to exceed $2,000 shall be available for entertainment and 
     representation allowances: Provided further, That of the 
     funds made available by this Act under the heading ``United 
     States-China Economic and Security Review Commission'', not 
     to exceed $3,000 shall be available for official reception, 
     representation, and entertainment allowances: Provided 
     further, That of the funds made available by this Act for the 
     Peace Corps, not to exceed a total of $4,000 shall be 
     available for entertainment expenses: Provided further, That 
     of the funds made available by this Act under the heading 
     ``Trade and Development Agency'', not to exceed $4,000 shall 
     be available for representation and entertainment allowances: 
     Provided further, That of the funds made available by this 
     Act under the heading ``Millennium Challenge Corporation'', 
     not to exceed $115,000 shall be available for representation 
     and entertainment allowances.


          prohibition on taxation of united states assistance

       Sec. 606. (a) Prohibition on Taxation.--None of the funds 
     appropriated by this Act may be made available to provide 
     assistance for a foreign country under a new bilateral 
     agreement governing the terms and conditions under which such 
     assistance is to be provided unless such agreement includes a 
     provision stating that assistance provided by the United 
     States shall be exempt from taxation, or reimbursed, by the 
     foreign government, and the Secretary of State shall 
     expeditiously seek to negotiate amendments to existing 
     bilateral agreements, as necessary, to conform with this 
     requirement.
       (b) Reimbursement of Foreign Taxes.--An amount equivalent 
     to 200 percent of the total taxes assessed during fiscal year 
     2008 on funds appropriated by this Act by a foreign 
     government or entity against commodities financed under 
     United States assistance programs for which funds are 
     appropriated by this Act, either directly or through 
     grantees, contractors and subcontractors shall be withheld 
     from obligation from funds appropriated for assistance for 
     fiscal year 2009 and allocated for the central government of 
     such country and for the West Bank and Gaza Program to the 
     extent that the Secretary of State certifies and reports in 
     writing to the Committees on Appropriations that such taxes 
     have not been reimbursed to the Government of the United 
     States.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each country or entity pursuant to subsection (b) shall 
     be reprogrammed for assistance to countries which do not 
     assess taxes on United States assistance or which have an 
     effective arrangement that is providing substantial 
     reimbursement of such taxes.
       (e) Determinations.--
       (1) The provisions of this section shall not apply to any 
     country or entity the Secretary of State determines--
       (A) does not assess taxes on United States assistance or 
     which has an effective arrangement that is providing 
     substantial reimbursement of such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the policy of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) The Secretary of State shall consult with the 
     Committees on Appropriations at least 15 days prior to 
     exercising the authority of this subsection with regard to 
     any country or entity.
       (f) Implementation.--The Secretary of State shall issue 
     rules, regulations, or policy guidance, as appropriate, to 
     implement the prohibition against the taxation of assistance 
     contained in this section.
       (g) Definitions.--As used in this section--
       (1) the terms ``taxes'' and ``taxation'' refer to value 
     added taxes and customs duties imposed on commodities 
     financed with United States assistance for programs for which 
     funds are appropriated by this Act; and
       (2) the term ``bilateral agreement'' refers to a framework 
     bilateral agreement between the Government of the United 
     States and the government of the country receiving assistance 
     that describes the privileges and immunities applicable to 
     United States foreign assistance for such country generally, 
     or an individual agreement between the Government of the 
     United States and such government that describes, among other 
     things, the treatment for tax purposes that will be accorded 
     the United States assistance provided under that agreement.


        prohibition against direct funding for certain countries

       Sec. 607. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance or reparations to Cuba, 
     North Korea, Iran, or Syria: Provided, That for purposes of 
     this section, the prohibition on obligations or expenditures 
     shall include direct loans, credits, insurance and guarantees 
     of the Export-Import Bank or its agents.


                             military coups

       Sec. 608. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance to the government of any 
     country whose duly elected head of government is deposed by 
     military coup or decree: Provided, That assistance may be 
     resumed to such government if the President determines and 
     certifies to the Committees on Appropriations that subsequent 
     to the termination of assistance a democratically elected 
     government has taken office: Provided further, That the 
     provisions of this section shall not apply to assistance to 
     promote democratic elections or public participation in 
     democratic processes: Provided further, That funds made 
     available pursuant to the previous provisos shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations.


                               transfers

       Sec. 609. (a) Department of State and Broadcasting Board of 
     Governors.--Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not

[[Page 23758]]

     to exceed 5 percent of any appropriation made available for 
     the current fiscal year for the Broadcasting Board of 
     Governors in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided further, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 104 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       (b)(1) Limitation on Transfers Between Agencies.--None of 
     the funds made available by this Act may be transferred to 
     any department, agency, or instrumentality of the United 
     States Government, except pursuant to a transfer made by, or 
     transfer authority provided in, this Act or any other 
     appropriation Act.
       (2) Notwithstanding paragraph (1), in addition to transfers 
     made by, or authorized elsewhere in, this Act, funds 
     appropriated by this Act to carry out the purposes of the 
     Foreign Assistance Act of 1961 may be allocated or 
     transferred to agencies of the United States Government 
     pursuant to the provisions of sections 109, 610, and 632 of 
     the Foreign Assistance Act of 1961.
       (c) Transfers Between Accounts.--None of the funds made 
     available by this Act may be obligated under an appropriation 
     account to which they were not appropriated, except for 
     transfers specifically provided for in this Act, unless the 
     President provides notification in accordance with the 
     regular notification procedures of the Committees on 
     Appropriations.
       (d) Audit of Inter-Agency Transfers.--Any agreement for the 
     transfer or allocation of funds appropriated by this Act, or 
     prior Acts, entered into between the United States Agency for 
     International Development and another agency of the United 
     States Government under the authority of section 632(a) of 
     the Foreign Assistance Act of 1961 or any comparable 
     provision of law, shall expressly provide that the Office of 
     the Inspector General for the agency receiving the transfer 
     or allocation of such funds shall perform periodic program 
     and financial audits of the use of such funds: Provided, That 
     funds transferred under such authority may be made available 
     for the cost of such audits.


                 commercial leasing of defense articles

       Sec. 610. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other than helicopters and other types of aircraft having 
     possible civilian application), if the President determines 
     that there are compelling foreign policy or national security 
     reasons for those defense articles being provided by 
     commercial lease rather than by government-to-government sale 
     under such Act.


                         availability of funds

       Sec. 611. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, 11, and 12 of part I, section 
     661, section 667, chapters 4, 6, 8, and 9 of part II of the 
     Foreign Assistance Act of 1961, section 23 of the Arms Export 
     Control Act, and funds provided under the heading 
     ``Assistance for Eastern Europe and the Baltic States'', 
     shall remain available for an additional 4 years from the 
     date on which the availability of such funds would otherwise 
     have expired, if such funds are initially obligated before 
     the expiration of their respective periods of availability 
     contained in this Act: Provided further, That, 
     notwithstanding any other provision of this Act, any funds 
     made available for the purposes of chapter 1 of part I and 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     which are allocated or obligated for cash disbursements in 
     order to address balance of payments or economic policy 
     reform objectives, shall remain available until expended: 
     Provided further, That the Director of the Trade and 
     Development Agency shall notify the Committees on 
     Appropriations not later than 15 days prior to any 
     reobligation of funds appropriated for the purposes of 
     section 661 of part II of the Foreign Assistance Act of 1961.


            limitation on assistance to countries in default

       Sec. 612. No part of any appropriation contained in this 
     Act shall be used to furnish assistance to the government of 
     any country which is in default during a period in excess of 
     1 calendar year in payment to the United States of principal 
     or interest on any loan made to the government of such 
     country by the United States pursuant to a program for which 
     funds are appropriated under this Act unless the President 
     determines, following consultations with the Committees on 
     Appropriations, that assistance to such country is in the 
     national interest of the United States.


                           commerce and trade

       Sec. 613. (a) None of the funds appropriated or made 
     available pursuant to this Act for direct assistance and none 
     of the funds otherwise made available pursuant to this Act to 
     the Export-Import Bank and the Overseas Private Investment 
     Corporation shall be obligated or expended to finance any 
     loan, any assistance or any other financial commitments for 
     establishing or expanding production of any commodity for 
     export by any country other than the United States, if the 
     commodity is likely to be in surplus on world markets at the 
     time the resulting productive capacity is expected to become 
     operative and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity: Provided, That such prohibition shall not apply to 
     the Export-Import Bank if in the judgment of its Board of 
     Directors the benefits to industry and employment in the 
     United States are likely to outweigh the injury to United 
     States producers of the same, similar, or competing 
     commodity, and the Chairman of the Board so notifies the 
     Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.


                          surplus commodities

       Sec. 614. The Secretary of the Treasury shall instruct the 
     United States Executive Directors of the International Bank 
     for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the Asian Development Bank, the 
     Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank, and the African 
     Development Fund to use the voice and vote of the United 
     States to oppose any assistance by these institutions, using 
     funds appropriated or made available pursuant to this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.


                reprogramming notification requirements

       Sec. 615. (a) None of the funds made available in all 
     titles of this Act, or in prior appropriations Acts to the 
     agencies and departments funded by this Act that remain 
     available for obligation or expenditure in fiscal year 2008, 
     or provided from any accounts in the Treasury of the United 
     States derived by the collection of fees or of currency 
     reflows or other offsetting collections, or made available by 
     transfer, to the agencies and departments funded by this Act, 
     shall be available for obligation or expenditure through a 
     reprogramming of funds that: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) closes or opens a mission or 
     post; (6) reorganizes or renames offices; (7) reorganizes 
     programs or activities; or (8) contracts out or privatizes 
     any functions or activities presently performed by Federal 
     employees; unless the Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       (b) For the purposes of providing the executive branch with 
     the necessary administrative flexibility, none of the funds 
     provided under title I of this Act, or provided under 
     previous appropriations Acts to the agencies or department 
     funded under title I of this Act that remain available for 
     obligation or expenditure in fiscal year 2008, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agencies 
     or department funded by title I of this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $750,000 or ten percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by ten percent 
     as approved by Congress; or (3) results from any general 
     savings, including savings from a reduction in personnel, 
     which would result in a change in existing programs, 
     activities, or projects as approved by Congress; unless the 
     Committees on Appropriations are notified 15 days in advance 
     of such reprogramming of funds.
       (c) For the purposes of providing the executive branch with 
     the necessary administrative flexibility, none of the funds 
     made available under titles II through V of this Act for 
     ``Global Health Programs'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Andean Programs'', ``Assistance for 
     Eastern Europe and the Baltic States'', ``Assistance for the 
     Independent States of the Former Soviet Union'', ``Economic 
     Support Fund'', ``Democracy Fund'', ``Peacekeeping 
     Operations'', ``Capital Investment Fund'', ``Operating 
     Expenses of the United States Agency for International 
     Development'', ``Operating Expenses of the United States 
     Agency for International Development Office of Inspector 
     General'', ``Nonproliferation, Anti-terrorism,

[[Page 23759]]

     Demining and Related Programs'', ``Millennium Challenge 
     Corporation'' (by country only), ``Foreign Military Financing 
     Program'', ``International Military Education and Training'', 
     ``Peace Corps'', and ``Migration and Refugee Assistance'', 
     shall be available for obligation for activities, programs, 
     projects, type of materiel assistance, countries, or other 
     operations not justified or in excess of the amount justified 
     to the Committees on Appropriations for obligation under any 
     of these specific headings unless the Committees on 
     Appropriations of both Houses of Congress are previously 
     notified 15 days in advance: Provided, That the President 
     shall not enter into any commitment of funds appropriated for 
     the purposes of section 23 of the Arms Export Control Act for 
     the provision of major defense equipment, other than 
     conventional ammunition, or other major defense items defined 
     to be aircraft, ships, missiles, or combat vehicles, not 
     previously justified to Congress or 20 percent in excess of 
     the quantities justified to Congress unless the Committees on 
     Appropriations are notified 15 days in advance of such 
     commitment: Provided further, That this subsection shall not 
     apply to any reprogramming for an activity, program, or 
     project for which funds are appropriated under titles III or 
     IV of this Act of less than 10 percent of the amount 
     previously justified to the Congress for obligation for such 
     activity, program, or project for the current fiscal year.
       (d) The requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare: Provided, That in case of 
     any such waiver, notification to the Congress, or the 
     appropriate congressional committees, shall be provided as 
     early as practicable, but in no event later than 3 days after 
     taking the action to which such notification requirement was 
     applicable, in the context of the circumstances necessitating 
     such waiver: Provided further, That any notification provided 
     pursuant to such a waiver shall contain an explanation of the 
     emergency circumstances.


limitation on availability of funds for international organizations and 
                                programs

       Sec. 616. Subject to the regular notification procedures of 
     the Committees on Appropriations, funds appropriated under 
     this Act or any previously enacted Act making appropriations 
     for foreign operations, export financing, and related 
     programs, which are returned or not made available for 
     organizations and programs because of the implementation of 
     section 307(a) of the Foreign Assistance Act of 1961, shall 
     remain available for obligation until September 30, 2009: 
     Provided, That section 307(a) of the Foreign Assistance Act 
     of 1961 is amended by striking ``Libya,''.


             independent states of the former soviet union

       Sec. 617. (a) None of the funds appropriated under the 
     heading ``Assistance for the Independent States of the Former 
     Soviet Union'' shall be made available for assistance for a 
     government of an Independent State of the former Soviet Union 
     if that government directs any action in violation of the 
     territorial integrity or national sovereignty of any other 
     Independent State of the former Soviet Union, such as those 
     violations included in the Helsinki Final Act: Provided, That 
     such funds may be made available without regard to the 
     restriction in this subsection if the President determines 
     that to do so is in the national security interest of the 
     United States.
       (b) None of the funds appropriated under the heading 
     ``Assistance for the Independent States of the Former Soviet 
     Union'' shall be made available for any state to enhance its 
     military capability: Provided, That this restriction does not 
     apply to demilitarization, demining or nonproliferation 
     programs.
       (c) Funds appropriated under the heading ``Assistance for 
     the Independent States of the Former Soviet Union'' for the 
     Russian Federation, Armenia, Kazakhstan, and Uzbekistan shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.
       (d)(1) Of the funds appropriated under this heading that 
     are allocated for assistance for the Government of the 
     Russian Federation, 60 percent shall be withheld from 
     obligation until the President determines and certifies in 
     writing to the Committees on Appropriations that the 
     Government of the Russian Federation--
       (A) has terminated implementation of arrangements to 
     provide Iran with technical expertise, training, technology, 
     or equipment necessary to develop a nuclear reactor, related 
     nuclear research facilities or programs, or ballistic missile 
     capability; and
       (B) is providing full access to international non-
     government organizations providing humanitarian relief to 
     refugees and internally displaced persons in Chechnya.
       (2) Paragraph (1) shall not apply to--
       (A) assistance to combat infectious diseases, child 
     survival activities, or assistance for victims of trafficking 
     in persons; and
       (B) activities authorized under title V (Nonproliferation 
     and Disarmament Programs and Activities) of the FREEDOM 
     Support Act.
       (e) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201 or non-proliferation assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.


   prohibition on funding for abortions and involuntary sterilization

       Sec. 618. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for any biomedical research which relates in 
     whole or in part, to methods of, or the performance of, 
     abortions or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out part 
     I of the Foreign Assistance Act of 1961, as amended, may be 
     obligated or expended for any country or organization if the 
     President certifies that the use of these funds by any such 
     country or organization would violate any of the above 
     provisions related to abortions and involuntary 
     sterilizations.


                 export financing transfer authorities

       Sec. 619. Not to exceed 5 percent of any appropriation 
     other than for administrative expenses made available for 
     fiscal year 2008, for programs under title II of this Act may 
     be transferred between such appropriations for use for any of 
     the purposes, programs, and activities for which the funds in 
     such receiving account may be used, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 25 percent by any such 
     transfer: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                   special notification requirements

       Sec. 620. None of the funds appropriated by this Act shall 
     be obligated or expended for assistance for Serbia, Sudan, 
     Zimbabwe, Pakistan, Cuba, the Dominican Republic, Iran, 
     Haiti, Mexico or Cambodia except as provided through the 
     regular notification procedures of the Committees on 
     Appropriations.


              definition of program, project, and activity

       Sec. 621. For the purpose of titles II through V of this 
     Act ``program, project, and activity'' shall be defined at 
     the appropriations Act account level and shall include all 
     appropriations and authorizations Acts earmarks, ceilings, 
     and limitations with the exception that for the following 
     accounts: ``Economic Support Fund'' and ``Foreign Military 
     Financing Program'', ``program, project, and activity'' shall 
     also be considered to include country, regional, and central 
     program level funding within each such account; for the 
     development assistance accounts of the United States Agency 
     for International Development ``program, project, and 
     activity'' shall also be considered to include central, 
     country, regional, and program level funding, either as: (1) 
     justified to the Congress; or (2) allocated by the executive 
     branch in accordance with a report, to be provided to the 
     Committees on Appropriations within 30 days of the enactment 
     of this Act, as required by section 653(a) of the Foreign 
     Assistance Act of 1961.


                        global health activities

       Sec. 622. Up to $13,500,000 of the funds made available by 
     this Act for assistance under the heading ``Global Health 
     Programs'', may be used to reimburse United States Government 
     agencies, agencies of State governments, institutions of 
     higher learning, and private and voluntary organizations for 
     the full cost of individuals (including for the personal 
     services of such individuals) detailed or assigned to, or 
     contracted by, as the case may be, the United States Agency 
     for International Development for the purpose of carrying out 
     activities under that heading: Provided, That up to 
     $3,500,000 of the funds made available by this Act for 
     assistance under the heading ``Development Assistance'' may 
     be used to reimburse such agencies, institutions, and 
     organizations for such costs of such individuals carrying out 
     other development assistance activities: Provided further, 
     That funds appropriated by titles III and IV of this Act that 
     are made available for bilateral assistance for child 
     survival activities or disease programs including activities 
     relating to research on, and the prevention, treatment and 
     control of, HIV/AIDS may be made available notwithstanding 
     any other provision of law except for the provisions under 
     the heading ``Global Health Programs'' and the United States 
     Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 
     2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: 
     Provided further, That of the funds appropriated under title 
     III of this Act, not less than $461,060,000 shall be made 
     available for family planning/reproductive health: Provided 
     further, That in order to prevent unintended pregnancies, 
     abortions, and the transmission of sexually transmitted 
     infections, including HIV/AIDS, no contract or grant for the 
     exclusive purpose of providing donated contraceptives in

[[Page 23760]]

     developing countries shall be denied to any nongovernmental 
     organization solely on the basis of the policy contained in 
     the President's March 28, 2001, Memorandum to the 
     Administrator of the United States Agency for International 
     Development with respect to providing contraceptives in 
     developing countries, or any comparable administration policy 
     regarding the provision of contraceptives.


                              afghanistan

       Sec. 623. Of the funds appropriated by titles III and IV of 
     this Act, up to $1,057,050,000 may be made available for 
     assistance for Afghanistan, of which not less than 
     $75,000,000 should be made available to support programs that 
     directly address the needs of Afghan women and girls, of 
     which not less than $12,000,000 shall be made available for 
     grants to support training and equipment to improve the 
     capacity of women-led Afghan nongovernmental organizations 
     and to support the activities of such organizations, and not 
     less than $3,000,000 should be made available for 
     reforestation activities: Provided, That funds made available 
     pursuant to the previous proviso for reforestation activities 
     should be matched, to the maximum extent possible, with 
     contributions from American and Afghan businesses: Provided 
     further, That of the funds appropriated by this Act that are 
     available for Afghanistan, $20,000,000 should be made 
     available through United States universities to develop 
     agriculture extension services for Afghan farmers, and not 
     less than $10,000,000 shall be made available for continued 
     support of the United States Agency for International 
     Development's Afghan Civilian Assistance Program.


                notification on excess defense equipment

       Sec. 624. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as are other committees 
     pursuant to subsection (f) of that section: Provided, That 
     before issuing a letter of offer to sell excess defense 
     articles under the Arms Export Control Act, the Department of 
     Defense shall notify the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees if such defense articles are significant military 
     equipment (as defined in section 47(9) of the Arms Export 
     Control Act) or are valued (in terms of original acquisition 
     cost) at $7,000,000 or more, or if notification is required 
     elsewhere in this Act for the use of appropriated funds for 
     specific countries that would receive such excess defense 
     articles: Provided further, That such Committees shall also 
     be informed of the original acquisition cost of such defense 
     articles.


                         global fund management

       Sec. 625. Notwithstanding any other provision of this Act, 
     20 percent of the funds that are appropriated by this Act for 
     a contribution to support the Global Fund to Fight AIDS, 
     Tuberculosis and Malaria (the ``Global Fund'') shall be 
     withheld from obligation to the Global Fund until the 
     Secretary of State certifies to the Committees on 
     Appropriations that the Global Fund--
       (1) is releasing incremental disbursements only if grantees 
     demonstrate progress against clearly defined performance 
     indicators;
       (2) is providing support and oversight to country-level 
     entities, such as country coordinating mechanisms, principal 
     recipients, and local Fund agents, to enable them to fulfill 
     their mandates;
       (3) has a full-time, professional, independent Office of 
     Inspector General that is fully operational;
       (4) requires local Fund agents to assess whether a 
     principal recipient has the capacity to oversee the 
     activities of sub-recipients;
       (5) is making progress toward implementing a reporting 
     system that breaks down grantee budget allocations by 
     programmatic activity;
       (6) has adopted and is implementing an appropriate policy 
     on the public release of documents produced by the Office of 
     the Inspector General; and
       (7) is tracking and encouraging the involvement of civil 
     society in country coordinating mechanisms and program 
     implementation.


       Prohibition on bilateral assistance to terrorist countries

       Sec. 626. (a) Funds appropriated for bilateral assistance 
     under any heading of this Act and funds appropriated under 
     any such heading in a provision of law enacted prior to the 
     enactment of this Act, shall not be made available for 
     assistance to the government of any country which the 
     President determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism; 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to such government if the President determines that 
     national security or humanitarian reasons justify such 
     waiver. The President shall publish each waiver in the 
     Federal Register and, at least 15 days before the waiver 
     takes effect, shall notify the Committees on Appropriations 
     of the waiver (including the justification for the waiver) in 
     accordance with the regular notification procedures of the 
     Committees on Appropriations.


                          debt-for-development

       Sec. 627. In order to enhance the continued participation 
     of nongovernmental organizations in debt-for-development and 
     debt-for-nature exchanges, a nongovernmental organization 
     which is a grantee or contractor of the United States Agency 
     for International Development may place in interest bearing 
     accounts local currencies which accrue to that organization 
     as a result of economic assistance provided under title III 
     of this Act and, subject to the regular notification 
     procedures of the Committees on Appropriations, any interest 
     earned on such investment shall be used for the purpose for 
     which the assistance was provided to that organization.


                           separate accounts

       Sec. 628. (a) Separate Accounts for Local Currencies.--
       (1) If assistance is furnished to the government of a 
     foreign country under chapters 1 and 10 of part I or chapter 
     4 of part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the United States 
     Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the United States Agency for 
     International Development and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--The United States Agency 
     for International Development shall take all necessary steps 
     to ensure that the equivalent of the local currencies 
     disbursed pursuant to subsection (a)(2)(A) from the separate 
     account established pursuant to subsection (a)(1) are used 
     for the purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II (as the case may be), any unencumbered 
     balances of funds which remain in a separate account 
     established pursuant to subsection (a) shall be disposed of 
     for such purposes as may be agreed to by the government of 
     that country and the United States Government.
       (5) Reporting requirement.--The Administrator of the United 
     States Agency for International Development shall report on 
     an annual basis as part of the justification documents 
     submitted to the Committees on Appropriations on the use of 
     local currencies for the administrative requirements of the 
     United States Government as authorized in subsection 
     (a)(2)(B), and such report shall include the amount of local 
     currency (and United States dollar equivalent) used and/or to 
     be used for such purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--
       (1) If assistance is made available to the government of a 
     foreign country, under chapter 1 or 10 of part I or chapter 4 
     of part II of the Foreign Assistance Act of 1961, as cash 
     transfer assistance or as nonproject sector assistance, that 
     country shall be required to maintain such funds in a 
     separate account and not commingle them with any other funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by the 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the notification procedures of the Committees on 
     Appropriations.


                      enterprise fund restrictions

       Sec. 629. (a) Prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.
       (b) Funds made available by this Act for Enterprise Funds 
     shall be expended at the minimum rate necessary to make 
     timely payment for projects and activities.

[[Page 23761]]




         INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH

       Sec. 630. (a) Funds appropriated by this Act may be made 
     available for a United States contribution to the United 
     Nations Population Fund (UNFPA).
       (b) None of the funds appropriated by this Act may be made 
     available to UNFPA for a country program in the People's 
     Republic of China.
       (c) Funds appropriated by this Act may not be made 
     available to UNFPA unless--
       (1) UNFPA maintains amounts made available under this 
     section in an account separate from other accounts of UNFPA;
       (2) UNFPA does not commingle amounts made available to 
     UNFPA under this section with other sums; and
       (3) UNFPA does not fund abortions.


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

       Sec. 631. Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for foreign operations, export financing, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act or the African Development 
     Foundation Act. The agency shall promptly report to the 
     Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.


                  impact on jobs in the united states

       Sec. 632. None of the funds appropriated by this Act may be 
     obligated or expended to provide--
       (1) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States; or
       (2) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers rights, as defined in section 507(4) of the Trade Act 
     of 1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That the 
     application of section 507(4)(D) and (E) of such Act should 
     be commensurate with the level of development of the 
     recipient country and sector, and shall not preclude 
     assistance for the informal sector in such country, micro and 
     small-scale enterprise, and smallholder agriculture.


                   COMPREHENSIVE EXPENDITURES REPORT

       Sec. 633. Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall submit a 
     report to the Committees on Appropriations detailing the 
     total amount of United States Government expenditures in 
     fiscal year 2006, by Federal agency, for programs and 
     activities in each foreign country, identifying the line item 
     as presented in the President's Budget Appendix and the 
     purpose for which the funds were provided: Provided, That, if 
     required, information may be submitted in classified form.


                          special authorities

       Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon, 
     Montenegro, Victims of War, Displaced Children, and Displaced 
     Burmese.--Funds appropriated by this Act that are made 
     available for assistance for Afghanistan may be made 
     available notwithstanding section 612 of this Act or any 
     similar provision of law and section 660 of the Foreign 
     Assistance Act of 1961, and funds appropriated in titles II 
     and III of this Act that are made available for Iraq, 
     Lebanon, Montenegro, Pakistan, and for victims of war, 
     displaced children, and displaced Burmese, and to assist 
     victims of trafficking in persons and, subject to the regular 
     notification procedures of the Committees on Appropriations, 
     to combat such trafficking, may be made available 
     notwithstanding any other provision of law.
       (b) Tropical Forestry and Biodiversity Conservation 
     Activities.--Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106, and chapter 4 of part 
     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law, for the purpose 
     of supporting tropical forestry and biodiversity conservation 
     activities and energy programs aimed at reducing greenhouse 
     gas emissions: Provided, That such assistance shall be 
     subject to sections 116, 502B, and 620A of the Foreign 
     Assistance Act of 1961.
       (c) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Agricultural Trade Development and 
     Assistance Act of 1954, may be used by the United States 
     Agency for International Development to employ up to 25 
     personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained: 
     Provided, That not more than 10 of such contractors shall be 
     assigned to any bureau or office: Provided further, That such 
     funds appropriated to carry out title II of the Agricultural 
     Trade Development and Assistance Act of 1954, may be made 
     available only for personal services contractors assigned to 
     the Office of Food for Peace.
       (d)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of Application of Waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of 6 months at a time and shall not apply beyond 12 months 
     after the enactment of this Act.
       (e) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, the United States Agency for International Development 
     may provide an exception to the fair opportunity process for 
     placing task orders under such contracts when the order is 
     placed with any category of small or small disadvantaged 
     business.
       (f) Vietnamese Refugees.--Section 594(a) of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 2005 (enacted as division D of Public Law 
     108-447; 118 Stat. 3038) is amended by striking ``and 2007'' 
     and inserting ``through 2009''.
       (g) Reconstituting Civilian Police Authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to mean 
     support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (h) China Programs.--Notwithstanding any other provision of 
     law, of the funds appropriated under the heading 
     ``Development Assistance'' in this Act, not less than 
     $10,000,000 shall be made available to United States 
     educational institutions and nongovernmental organizations 
     for programs and activities in the People's Republic of China 
     relating to the environment, democracy, and the rule of law: 
     Provided, That funds made available pursuant to this 
     authority shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (i) Extension of Authority.--
       (1) With respect to funds appropriated by this Act that are 
     available for assistance for Pakistan, the President may 
     waive the prohibition on assistance contained in section 608 
     of this Act subject to the requirements contained in section 
     1(b) of Public Law 107-57, as amended, for a determination 
     and certification, and consultation, by the President prior 
     to the exercise of such waiver authority.
       (2) Notwithstanding the date contained in section 6 of 
     Public Law 107-57, as amended, the provisions of sections 2 
     and 4 of that Act shall remain in effect through the current 
     fiscal year.
       (j) Middle East Foundation.--Funds appropriated by this Act 
     and prior Acts under the heading ``Economic Support Fund'' 
     that are available for the Middle East Partnership Initiative 
     may be made available, including as an endowment, 
     notwithstanding any other provision of law and following 
     consultations with the Committees on Appropriations, to 
     establish and operate a Middle East Foundation, or any other 
     similar entity, whose purpose is to support democracy, 
     governance, human rights, and the rule of law in the Middle 
     East region: Provided, That such funds may be made available 
     to the Foundation only to the extent that the Foundation has 
     commitments from sources other than the United States 
     Government to at least match the funds provided under the 
     authority of this subsection: Provided further, That 
     provisions contained in section 201 of the Support for East 
     European Democracy (SEED) Act of 1989 (excluding the 
     authorizations of appropriations provided in subsection (b) 
     of that section and the requirement that a majority of the 
     members of the board of directors be citizens of the United 
     States provided in subsection (d)(3)(B) of that section) 
     shall be deemed to apply to any such foundation or similar 
     entity referred to under this subsection, and to funds made 
     available to such entity, in order to enable it to provide 
     assistance for purposes of this section: Provided further, 
     That prior to the initial obligation of funds for any such 
     foundation or similar entity pursuant to the authorities of 
     this subsection, other than for administrative support, the 
     Secretary of State shall take steps to ensure, on an ongoing 
     basis, that any such funds made available pursuant to such 
     authorities are not provided to or through any individual or 
     group that the management of the foundation or similar entity 
     knows or has reason to believe, advocates, plans, sponsors, 
     or otherwise engages in terrorist activities: Provided 
     further, That section 629 of this Act shall apply to any such 
     foundation or similar entity established pursuant to this 
     subsection: Provided further, That the authority of the 
     Foundation, or any similar entity, to provide assistance 
     shall cease to be effective on September 30, 2010.
       (k) Extension of Authority.--Section 1365(c) of the 
     National Defense Authorization Act for Fiscal Year 1993 
     (Public Law 102-484; 22 U.S.C. 2778 note) is amended by 
     striking ``During the 16 year period beginning on October 23, 
     1992'' and inserting ``During the 22 year period beginning on 
     October 23, 1992'' before the period at the end.
       (l) Extension of Authority.--The Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1990 
     (Public Law 101-167) is amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``and 2007'' and 
     inserting ``2007, and 2008''; and
       (B) in subsection (e), by striking ``2007'' each place it 
     appears and inserting ``2008''; and

[[Page 23762]]

       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``2007'' and inserting ``2008''.
       (m) World Food Program.--Of the funds managed by the Bureau 
     for Democracy, Conflict, and Humanitarian Assistance of the 
     United States Agency for International Development, from this 
     or any other Act, not less than $10,000,000 shall be made 
     available as a general contribution to the World Food 
     Program, notwithstanding any other provision of law.
       (n) Capital Security Cost-Sharing.--Notwithstanding any 
     other provision of law, of the funds appropriated under the 
     heading ``Embassy Security, Construction, and Maintenance'', 
     not less than $2,000,000 shall be made available for the 
     Capital Security Cost-Sharing fees of the Library of Congress 
     for fiscal year 2008.


                     arab league boycott of israel

       Sec. 635. It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) all Arab League states should normalize relations with 
     their neighbor Israel;
       (4) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (5) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.


                       eligibility for assistance

       Sec. 636. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961, and from funds appropriated under the heading 
     ``Assistance for Eastern Europe and the Baltic States'': 
     Provided, That before using the authority of this subsection 
     to furnish assistance in support of programs of 
     nongovernmental organizations, the President shall notify the 
     Committees on Appropriations under the regular notification 
     procedures of those committees, including a description of 
     the program to be assisted, the assistance to be provided, 
     and the reasons for furnishing such assistance: Provided 
     further, That nothing in this subsection shall be construed 
     to alter any existing statutory prohibitions against abortion 
     or involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2008, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.


                         reservations of funds

       Sec. 637. (a) Funds appropriated under titles II through V 
     of this Act which are earmarked may be reprogrammed for other 
     programs within the same account notwithstanding the earmark 
     if compliance with the earmark is made impossible by 
     operation of any provision of this or any other Act: 
     Provided, That any such reprogramming shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations: Provided further, That assistance that is 
     reprogrammed pursuant to this subsection shall be made 
     available under the same terms and conditions as originally 
     provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the United 
     States Agency for International Development that are 
     earmarked for particular programs or activities by this or 
     any other Act shall be extended for an additional fiscal year 
     if the Administrator of such agency determines and reports 
     promptly to the Committees on Appropriations that the 
     termination of assistance to a country or a significant 
     change in circumstances makes it unlikely that such 
     designated funds can be obligated during the original period 
     of availability: Provided, That such earmarked funds that are 
     continued available for an additional fiscal year shall be 
     obligated only for the purpose of such designation.
       (c) Ceilings and earmarks levels contained in this Act 
     shall not be applicable to funds or authorities appropriated 
     or otherwise made available by any subsequent Act unless such 
     Act specifically so directs. Earmarks or minimum funding 
     requirements contained in any other Act shall not be 
     applicable to funds appropriated by this Act.


                                  ASIA

       Sec. 638. (a) Funding Levels.--Of the funds appropriated by 
     this Act under the headings ``Global Health Programs'' and 
     ``Development Assistance'', not less than the amount of funds 
     initially allocated for each such account pursuant to 
     subsection 653(a) of the Foreign Assistance Act of 1961 for 
     fiscal year 2006 shall be made available for Cambodia, 
     Philippines, Vietnam, Asia and Near East Regional, and 
     Regional Development Mission/Asia: Provided, That for the 
     purposes of this subsection, ``Global Health Programs'' shall 
     mean ``Child Survival and Health Programs Fund''.
       (b) Burma.--
       (1) The Secretary of the Treasury shall instruct the United 
     States executive director to each appropriate international 
     financial institution in which the United States 
     participates, to oppose and vote against the extension by 
     such institution any loan or financial or technical 
     assistance or any other utilization of funds of the 
     respective bank to and for Burma.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $11,000,000 shall be 
     made available to support democracy activities in Burma, 
     along the Burma-Thailand border, for activities of Burmese 
     student groups and other organizations located outside Burma, 
     and for the purpose of supporting the provision of 
     humanitarian assistance to displaced Burmese along Burma's 
     borders: Provided, That funds made available under this 
     heading may be made available notwithstanding any other 
     provision of law: Provided further, That in addition to 
     assistance for Burmese refugees provided under the heading 
     ``Migration and Refugee Assistance'' in this Act, not less 
     than $3,000,000 shall be made available for community-based 
     organizations operating in Thailand to provide food, medical 
     and other humanitarian assistance to internally displaced 
     persons in eastern Burma: Provided further, That funds made 
     available under this heading shall be subject to the regular 
     notification procedures of the Committees on Appropriations.
       (c) Tibet.--
       (1) The Secretary of the Treasury should instruct the 
     United States executive director to each international 
     financial institution to use the voice and vote of the United 
     States to support projects in Tibet if such projects do not 
     provide incentives for the migration and settlement of non-
     Tibetans into Tibet or facilitate the transfer of ownership 
     of Tibetan land and natural resources to non-Tibetans; are 
     based on a thorough needs-assessment; foster self-sufficiency 
     of the Tibetan people and respect Tibetan culture and 
     traditions; and are subject to effective monitoring.
       (2) Notwithstanding any other provision of law, not less 
     than $5,000,000 of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'' should be made 
     available to nongovernmental organizations to support 
     activities which preserve cultural traditions and promote 
     sustainable development and environmental conservation in 
     Tibetan communities in the Tibetan Autonomous Region and in 
     other Tibetan communities in China, and not less than 
     $250,000 should be made available to the National Endowment 
     for Democracy for human rights and democracy programs 
     relating to Tibet.


                 prohibition on publicity or propaganda

       Sec. 639. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of the 
     enactment of this Act by the Congress.


           prohibition of payments to united nations members

       Sec. 640. None of the funds appropriated or made available 
     pursuant to this Act for carrying out the Foreign Assistance 
     Act of 1961, may be used to pay in whole or in part any 
     assessments, arrearages, or dues of any member of the United 
     Nations or, from funds appropriated by this Act to carry out 
     chapter 1 of part I of the Foreign Assistance Act of 1961, 
     the costs for participation of another country's delegation 
     at international conferences held under the auspices of 
     multilateral or international organizations.


                         requests for documents

       Sec. 641. (a) None of the funds appropriated or made 
     available pursuant to this Act shall be available to a 
     nongovernmental organization, including any contractor, which 
     fails to provide upon timely request any document, file, or 
     record necessary to the auditing requirements of the United 
     States Agency for International Development.
       (b) Notwithstanding any other provision of law or 
     regulation, the Administrator of the United States Agency for 
     International Development shall provide to the Committees on 
     Appropriations, on a timely basis, such information on the 
     obligation and expenditure of funds appropriated by this Act 
     and prior Acts, pursuant to grants, cooperative agreements, 
     and contracts entered into or financed by the agency, as may 
     be requested by the Committee on Appropriations to satisfy 
     oversight responsibilities of those Committees.

[[Page 23763]]




  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

       Sec. 642. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     6(j) of the Export Administration Act of 1979. The 
     prohibition under this section with respect to a foreign 
     government shall terminate 12 months after that government 
     ceases to provide such military equipment. This section 
     applies with respect to lethal military equipment provided 
     under a contract entered into after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the waiver authority of subsection (b) is 
     exercised, the President shall submit to the appropriate 
     congressional committees a report with respect to the 
     furnishing of such assistance. Any such report shall include 
     a detailed explanation of the assistance to be provided, 
     including the estimated dollar amount of such assistance, and 
     an explanation of how the assistance furthers United States 
     national interests.


  withholding of assistance for parking fines and real property taxes 
                       owed by foreign countries

       Sec. 643. (a) Subject to subsection (c), of the funds 
     appropriated under titles II through V by this Act that are 
     made available for assistance for a foreign country, an 
     amount equal to 110 percent of the total amount of the unpaid 
     fully adjudicated parking fines and penalties and unpaid 
     property taxes owed by the central government of such country 
     shall be withheld from obligation for assistance for the 
     central government of such country until the Secretary of 
     State submits a certification to the Committees on 
     Appropriations stating that such parking fines and penalties 
     and unpaid property taxes are fully paid.
       (b) Funds withheld from obligation pursuant to subsection 
     (a) may be made available for other programs or activities 
     funded by this Act, after consultation with and subject to 
     the regular notification procedures of the Committees on 
     Appropriations, provided that no such funds shall be made 
     available for assistance for the central government of a 
     foreign country that has not paid the total amount of the 
     fully adjudicated parking fines and penalties and unpaid 
     property taxes owed by such country.
       (c) Subsection (a) shall not include amounts that have been 
     withheld under any other provision of law.
       (d)(1) The Secretary of State may waive the requirements 
     set forth in subsection (a) with respect to parking fines and 
     penalties no sooner than 60 days from the date of enactment 
     of this Act, or at any time with respect to a particular 
     country, if the Secretary determines that it is in the 
     national interests of the United States to do so.
       (2) The Secretary of State may waive the requirements set 
     forth in subsection (a) with respect to the unpaid property 
     taxes if the Secretary of State determines that it is in the 
     national interests of the United States to do so.
       (e) Not later than 6 months after the initial exercise of 
     the waiver authority in subsection (d), the Secretary of 
     State, after consultations with the City of New York, shall 
     submit a report to the Committees on Appropriations 
     describing a strategy, including a timetable and steps 
     currently being taken, to collect the parking fines and 
     penalties and unpaid property taxes and interest owed by 
     nations receiving foreign assistance under this Act.
       (f) In this section:
       (1) The term ``fully adjudicated'' includes circumstances 
     in which the person to whom the vehicle is registered--
       (A)(i) has not responded to the parking violation summons; 
     or
       (ii) has not followed the appropriate adjudication 
     procedure to challenge the summons; and
       (B) the period of time for payment of or challenge to the 
     summons has lapsed.
       (2) The term ``parking fines and penalties'' means parking 
     fines and penalties--
       (A) owed to--
       (i) the District of Columbia; or
       (ii) New York, New York; and
       (B) incurred during the period April 1, 1997, through 
     September 30, 2007.
       (3) The term ``unpaid property taxes'' means the amount of 
     unpaid taxes and interest determined to be owed by a foreign 
     country on real property in the District of Columbia or New 
     York, New York in a court order or judgment entered against 
     such country by a court of the United States or any State or 
     subdivision thereof.


    limitation on assistance for the plo for the west bank and gaza

       Sec. 644. None of the funds appropriated by this Act may be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza unless the President 
     has exercised the authority under section 604(a) of the 
     Middle East Peace Facilitation Act of 1995 (title VI of 
     Public Law 104-107) or any other legislation to suspend or 
     make inapplicable section 307 of the Foreign Assistance Act 
     of 1961 and that suspension is still in effect: Provided, 
     That if the President fails to make the certification under 
     section 604(b)(2) of the Middle East Peace Facilitation Act 
     of 1995 or to suspend the prohibition under other 
     legislation, funds appropriated by this Act may not be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza.


                     war crimes tribunals drawdown

       Sec. 645. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961 of up to $30,000,000 of 
     commodities and services for the United Nations War Crimes 
     Tribunal established with regard to the former Yugoslavia by 
     the United Nations Security Council or such other tribunals 
     or commissions as the Council may establish or authorize to 
     deal with such violations, without regard to the ceiling 
     limitation contained in paragraph (2) thereof: Provided, That 
     the determination required under this section shall be in 
     lieu of any determinations otherwise required under section 
     552(c): Provided further, That funds made available for 
     tribunals other than Yugoslavia, Rwanda, or the Special Court 
     for Sierra Leone shall be made available subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


                               landmines

       Sec. 646. Notwithstanding any other provision of law, 
     demining equipment available to the United States Agency for 
     International Development and the Department of State and 
     used in support of the clearance of landmines and unexploded 
     ordnance for humanitarian purposes may be disposed of on a 
     grant basis in foreign countries, subject to such terms and 
     conditions as the President may prescribe.


           restrictions concerning the palestinian authority

       Sec. 647. None of the funds appropriated by this Act may be 
     obligated or expended to create in any part of Jerusalem a 
     new office of any department or agency of the United States 
     Government for the purpose of conducting official United 
     States Government business with the Palestinian Authority 
     over Gaza and Jericho or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles: Provided, That this restriction shall not apply 
     to the acquisition of additional space for the existing 
     Consulate General in Jerusalem.


               prohibition of payment of certain expenses

       Sec. 648. None of the funds appropriated or otherwise made 
     available by this Act under the heading ``International 
     Military Education and Training'' or ``Foreign Military 
     Financing Program'' for Informational Program activities or 
     under the headings ``Global Health Programs'', ``Development 
     Assistance'', and ``Economic Support Fund'' may be obligated 
     or expended to pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including but not 
     limited to entrance fees at sporting events, theatrical and 
     musical productions, and amusement parks.


                           western hemisphere

       Sec. 649. (a) Central America.--Of the funds appropriated 
     by this Act under the headings ``Global Health Programs'' and 
     ``Development Assistance'', not less than the amount of funds 
     initially allocated for each such account pursuant to section 
     653(a) of the Foreign Assistance Act of 1961 for fiscal year 
     2006 shall be made available for El Salvador, Guatemala, 
     Nicaragua, Honduras, Ecuador, Peru, Bolivia, and Brazil: 
     Provided, That for the purposes of this subsection, ``Global 
     Health Programs'' shall mean ``Child Survival and Health 
     Programs Fund''.
       (b)(1) Haiti.--Of the funds appropriated by this Act under 
     the headings ``Development Assistance'' and ``Economic 
     Support Fund'', not less than $106,200,000 shall be made 
     available for assistance for Haiti, of which not less than 
     $5,000,000 shall be for programs to improve court 
     administration and reduce pre-trial detention and of which 
     not less than $5,000,000 shall be made available for 
     watershed remediation and reforestation activities.
       (2) The Government of Haiti shall be eligible to purchase 
     defense articles and services under the Arms Export Control 
     Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
       (3) None of the funds made available in this Act under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' may be used to transfer excess weapons, 
     ammunition or other lethal property of an agency of the 
     United States Government to the Government of Haiti for use 
     by the Haitian National Police until the Secretary of State 
     certifies to the Committees on Appropriations that the United 
     Nations Mission in Haiti has ensured that any members of the 
     Haitian National Police who have been credibly alleged to 
     have committed serious crimes, including drug trafficking and 
     human rights violations, have been suspended.
       (c) Dominican Republic.--Of the funds appropriated by this 
     Act under the headings ``Global Health Programs'' and 
     ``Development Assistance'', not less than $23,600,000 shall 
     be made available for assistance for the Dominican Republic, 
     of which not less than $5,000,000 shall be made available for 
     basic health care, nutrition, sanitation, education, and 
     shelter for migrant sugar cane workers and other residents of 
     batey communities.


         limitation on assistance to the palestinian authority

       Sec. 650. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or

[[Page 23764]]

     expended with respect to providing funds to the Palestinian 
     Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Committees on Appropriations that waiving such prohibition is 
     important to the national security interests of the United 
     States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     justification for the waiver, the purposes for which the 
     funds will be spent, and the accounting procedures in place 
     to ensure that the funds are properly disbursed.


              limitation on assistance to security forces

       Sec. 651. Chapter 1 of part III of the Foreign Assistance 
     Act of 1961 is amended by adding the following section:

     ``SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.

       ``(a) In General.--No assistance shall be furnished under 
     this Act or the Arms Export Control Act to any unit of the 
     security forces of a foreign country if the Secretary of 
     State has credible evidence that such unit has committed 
     gross violations of human rights.
       ``(b) Exception.--The prohibition in subsection (a) shall 
     not apply if the Secretary determines and reports to the 
     Committee on Foreign Relations of the Senate, the Committee 
     on Foreign Affairs of the House of Representatives, and the 
     Committees on Appropriations that the government of such 
     country is taking effective measures to bring the responsible 
     members of the security forces unit to justice.
       ``(c) Duty To Inform.--In the event that funds are withheld 
     from any unit pursuant to this section, the Secretary of 
     State shall promptly inform the foreign government of the 
     basis for such action and shall, to the maximum extent 
     practicable, assist the foreign government in taking 
     effective measures to bring the responsible members of the 
     security forces to justice.''.


                    foreign military training report

       Sec. 652. The annual foreign military training report 
     required by section 656 of the Foreign Assistance Act of 1961 
     shall be submitted by the Secretary of Defense and the 
     Secretary of State to the Committees on Appropriations by the 
     date specified in that section.


                       authorization requirement

       Sec. 653. Funds appropriated by this Act, except funds 
     appropriated under the headings ``Trade and Development 
     Agency'' and ``Overseas Private Investment Corporation'', may 
     be obligated and expended notwithstanding section 10 of 
     Public Law 91-672 and section 15 of the State Department 
     Basic Authorities Act of 1956.


                      AVIAN INFLUENZA PREPAREDNESS

       Sec. 654. Notwithstanding any other provision of law except 
     section 551 of Public Law 109-102, of the funds appropriated 
     by this Act under the heading ``Foreign Military Financing 
     Program'', $12,500,000 shall be made available to enhance the 
     preparedness of militaries in Asia and Africa to respond to 
     an avian influenza pandemic, and of the funds appropriated by 
     this Act under the heading ``Peacekeeping Operations'', 
     $12,500,000 shall be transferred to, and merged with, funds 
     made available under the heading ``Foreign Military Financing 
     Program'' to be used for this purpose.


                         palestinian statehood

       Sec. 655. (a) Limitation on Assistance.--None of the funds 
     appropriated by this Act may be provided to support a 
     Palestinian state unless the Secretary of State determines 
     and certifies to the appropriate congressional committees 
     that--
       (1) the governing entity of a new Palestinian state--
       (A) has demonstrated a commitment to peaceful co-existence 
     with the State of Israel;
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures, and is cooperating 
     with appropriate Israeli and other appropriate security 
     organizations; and
       (2) the Palestinian Authority (or the governing entity of a 
     new Palestinian state) is working with other countries in the 
     region to establish a just, lasting, and comprehensive peace 
     in the Middle East that will enable Israel and an independent 
     Palestinian state to exist within the context of full and 
     normal relationships, which should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgement of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the governing entity should enact a constitution assuring the 
     rule of law, an independent judiciary, and respect for human 
     rights for its citizens, and should enact other laws and 
     regulations assuring transparent and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if he 
     determines that it is important to the national security 
     interests of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or the governing 
     entity, in order to help meet the requirements of subsection 
     (a), consistent with the provisions of section 650 of this 
     Act (``Limitation on Assistance to the Palestinian 
     Authority'').


                                colombia

       Sec. 656. (a) Funding.--Funds appropriated by this Act that 
     are available for assistance for Colombia shall be made 
     available in the amounts indicated in the table in the 
     accompanying report.
       (b) Determination and Certification Required.--Funds 
     appropriated by this Act that are available for assistance 
     for the Colombian Armed Forces, may be made available as 
     follows:
       (1) Up to 70 percent of such funds may be obligated prior 
     to the certification and report by the Secretary of State 
     pursuant to paragraph (2).
       (2) Up to 15 percent of such funds may be obligated only 
     after the Secretary of State consults with, and submits a 
     written certification and report to, the Committees on 
     Appropriations that:
       (A) The Commander General of the Colombian Armed Forces is 
     suspending from the Armed Forces those members, of whatever 
     rank who, according to the Minister of Defense or the 
     Procuraduria General de la Nacion, have been credibly alleged 
     to have committed gross violations of human rights, including 
     extra-judicial killings, or to have aided or abetted 
     paramilitary organizations or successor armed groups.
       (B) The Colombian Government is vigorously investigating 
     and prosecuting, in the civilian justice system, those 
     members of the Colombian Armed Forces, of whatever rank, who 
     have been credibly alleged to have committed gross violations 
     of human rights, including extra-judicial killings, or to 
     have aided or abetted paramilitary organizations or successor 
     armed groups, and is promptly punishing those members of the 
     Colombian Armed Forces found to have committed such 
     violations of human rights or to have aided or abetted such 
     organizations or successor groups.
       (C) The Colombian Armed Forces are cooperating fully with 
     civilian prosecutors and judicial authorities in such cases 
     (including providing requested information, such as the 
     identity of persons suspended from the Armed Forces and the 
     nature and cause of the suspension, and access to witnesses, 
     relevant military documents, and other requested 
     information).
       (D) The Colombian Armed Forces have taken all necessary 
     steps to sever links (including denying access to military 
     intelligence, vehicles, and other equipment or supplies, and 
     ceasing other forms of active or tacit cooperation) at the 
     command, battalion, and brigade levels, with paramilitary 
     organizations and successor armed groups, especially in 
     regions where such organizations or successor groups have a 
     significant presence.
       (E) The Colombian Government is dismantling paramilitary 
     leadership and financial networks by arresting and 
     prosecuting under civilian criminal law individuals who have 
     provided financial, planning, or logistical support, or have 
     otherwise aided or abetted paramilitary organizations or 
     successor armed groups, by identifying and confiscating land 
     and other assets illegally acquired by such organizations or 
     their associates and returning such land or assets to their 
     rightful owners, by revoking reduced sentences for 
     demobilized paramilitaries who engage in new criminal 
     activity, and by arresting, prosecuting under civilian 
     criminal law, and when requested, promptly extraditing to the 
     United States members of successor armed groups.
       (F) The Colombian Government is ensuring that the Colombian 
     Armed Forces are not violating the land and property rights 
     of Colombia's indigenous and Afro-Colombian communities, and 
     the Colombian Armed Forces are distinguishing between 
     civilians, including displaced persons, and combatants in 
     their operations.
       (3) The balance of such funds may be obligated after July 
     31, 2008, if, before such date, the Secretary of State 
     consults with, and submits a written certification and report 
     to, the Committees on Appropriations, that the Colombian 
     Armed Forces are continuing to meet the conditions contained 
     in paragraph (2) and are conducting vigorous operations to 
     restore civilian government authority and respect for human 
     rights in areas under the effective control of paramilitary 
     organizations or successor armed groups and guerrilla 
     organizations.
       (c) Report.--The reports required by subsections (a)(2) and 
     (a)(3) of this section shall contain, with respect to each 
     such subsection, a detailed description of the actions taken 
     by the Colombian Government or Armed Forces which support 
     each requirement of the certification, and the cases or 
     issues brought to the attention of the Secretary for which 
     the actions taken by the Colombian Government or Armed Forces 
     have been inadequate.
       (d) Congressional Notification.--Funds made available by 
     this Act for the Colombian Armed Forces shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       (e) Consultative Process.--Not later than 60 days after the 
     date of enactment of this Act, and every 90 days thereafter 
     until September 30, 2008, the Secretary of State shall 
     consult with

[[Page 23765]]

     Colombian and internationally recognized human rights 
     organizations regarding progress in meeting the conditions 
     contained in subsection (a).
       (f) Definitions.--In this section:
       (1) Aided or abetted.--The term ``aided or abetted'' means 
     to provide any support to paramilitary or successor armed 
     groups, including taking actions which allow, facilitate, or 
     otherwise foster the activities of such groups.
       (2) Paramilitary groups.--The term ``paramilitary groups'' 
     means illegal self-defense groups and illegal security 
     cooperatives, including those groups and cooperatives that 
     have formerly demobilized but continue illegal operations, as 
     well as parts thereof.


                          illegal armed groups

       Sec. 657. (a) Denial of Visas.--Subject to subsection (b), 
     the Secretary of State shall not issue a visa to any alien 
     who the Secretary determines, based on credible evidence--
       (1) has willfully provided any support to the Revolutionary 
     Armed Forces of Colombia (FARC), the National Liberation Army 
     (ELN), or the United Self-Defense Forces of Colombia (AUC), 
     or successor armed groups, including taking actions or 
     failing to take actions which allow, facilitate, or otherwise 
     foster the activities of such groups; or
       (2) has committed, ordered, incited, assisted, or otherwise 
     participated in the commission of gross violations of human 
     rights, including extra-judicial killings, in Colombia.
       (b) Waiver.--Subsection (a) shall not apply if the 
     Secretary of State determines and certifies to the 
     appropriate congressional committees, on a case-by-case 
     basis, that the issuance of a visa to the alien is necessary 
     to support the peace process in Colombia or for humanitarian 
     reasons.


                     west bank and gaza assistance

       Sec. 658. (a) Vetting.--Prior to the obligation of funds 
     appropriated by this Act under the heading ``Economic Support 
     Fund'' for assistance for the West Bank and Gaza, the 
     Secretary of State shall take all appropriate steps to ensure 
     that such assistance is not provided to or through any 
     individual, private or government entity, or educational 
     institution that the Secretary knows or has reason to believe 
     advocates, plans, sponsors, engages in, or has engaged in, 
     terrorist activity. The Secretary of State shall terminate 
     assistance to any individual, entity, or educational 
     institution which the Secretary has determined to be involved 
     in or advocating terrorist activity.
       (b) Prohibition.--None of the funds appropriated by this 
     Act for assistance under the West Bank and Gaza program may 
     be made available for the purpose of recognizing or otherwise 
     honoring individuals who commit, or have committed, acts of 
     terrorism.
       (c) Audits.--
       (1) The Administrator of the United States Agency for 
     International Development shall ensure that Federal or non-
     Federal audits of all contractors and grantees, and 
     significant subcontractors and subgrantees, under the West 
     Bank and Gaza Program, are conducted at least on an annual 
     basis to ensure, among other things, compliance with this 
     section.
       (2) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'' that are made available for 
     assistance for the West Bank and Gaza, up to $500,000 may be 
     used by the Office of the Inspector General of the United 
     States Agency for International Development for audits, 
     inspections, and other activities in furtherance of the 
     requirements of this subsection. Such funds are in addition 
     to funds otherwise available for such purposes.


                             war criminals

       Sec. 659. (a)(1) None of the funds appropriated or 
     otherwise made available pursuant to this Act may be made 
     available for assistance, and the Secretary of the Treasury 
     shall instruct the United States executive directors to the 
     international financial institutions to vote against any new 
     project involving the extension by such institutions of any 
     financial or technical assistance, to any country, entity, or 
     municipality whose competent authorities have failed, as 
     determined by the Secretary of State, to take necessary and 
     significant steps to implement its international legal 
     obligations to apprehend and transfer to the International 
     Criminal Tribunal for the former Yugoslavia (the 
     ``Tribunal'') all persons in their territory who have been 
     indicted by the Tribunal and to otherwise cooperate with the 
     Tribunal.
       (2) The provisions of this subsection shall not apply to 
     humanitarian assistance or assistance for democratization.
       (b) The provisions of subsection (a) shall apply unless the 
     Secretary of State determines and reports to the appropriate 
     congressional committees that the competent authorities of 
     such country, entity, or municipality are--
       (1) cooperating with the Tribunal, including access for 
     investigators to archives and witnesses, the provision of 
     documents, and the surrender and transfer of indictees or 
     assistance in their apprehension; and
       (2) are acting consistently with the Dayton Accords.
       (c) Not less than 10 days before any vote in an 
     international financial institution regarding the extension 
     of any new project involving financial or technical 
     assistance or grants to any country or entity described in 
     subsection (a), the Secretary of the Treasury, in 
     consultation with the Secretary of State, shall provide to 
     the Committees on Appropriations a written justification for 
     the proposed assistance, including an explanation of the 
     United States position regarding any such vote, as well as a 
     description of the location of the proposed assistance by 
     municipality, its purpose, and its intended beneficiaries.
       (d) In carrying out this section, the Secretary of State, 
     the Administrator of the United States Agency for 
     International Development, and the Secretary of the Treasury 
     shall consult with representatives of human rights 
     organizations and all government agencies with relevant 
     information to help prevent indicted war criminals from 
     benefiting from any financial or technical assistance or 
     grants provided to any country or entity described in 
     subsection (a).
       (e) The Secretary of State may waive the application of 
     subsection (a) with respect to projects within a country, 
     entity, or municipality upon a written determination to the 
     Committees on Appropriations that such assistance directly 
     supports the implementation of the Dayton Accords.
       (f) Definitions.--As used in this section:
       (1) Country.--The term ``country'' means Bosnia and 
     Herzegovina, Croatia and Serbia.
       (2) Entity.--The term ``entity'' refers to the Federation 
     of Bosnia and Herzegovina, Kosovo, Montenegro and the 
     Republika Srpska.
       (3) Municipality.--The term ``municipality'' means a city, 
     town or other subdivision within a country or entity as 
     defined herein.
       (4) Dayton accords.--The term ``Dayton Accords'' means the 
     General Framework Agreement for Peace in Bosnia and 
     Herzegovina, together with annexes relating thereto, done at 
     Dayton, November 10 through 16, 1995.


                               user fees

       Sec. 660. The Secretary of the Treasury shall instruct the 
     United States Executive Director at each international 
     financial institution (as defined in section 1701(c)(2) of 
     the International Financial Institutions Act) and the 
     International Monetary Fund to oppose any loan, grant, 
     strategy or policy of these institutions that would require 
     user fees or service charges on poor people for primary 
     education or primary healthcare, including prevention and 
     treatment for HIV/AIDS, malaria, tuberculosis, and infant, 
     child, and maternal well-being, in connection with the 
     institutions' financing programs.


                           funding for serbia

       Sec. 661. (a) Funds appropriated by this Act may be made 
     available for assistance for the central Government of Serbia 
     after May 31, 2008, if the President has made the 
     determination and certification contained in subsection (c).
       (b) After May 31, 2008, the Secretary of the Treasury 
     should instruct the United States executive directors to the 
     international financial institutions to support loans and 
     assistance to the Government of Serbia subject to the 
     conditions in subsection (c).
       (c) The determination and certification referred to in 
     subsection (a) is a determination by the President and a 
     certification to the Committees on Appropriations that the 
     Government of Serbia is--
       (1) cooperating with the International Criminal Tribunal 
     for the former Yugoslavia including access for investigators, 
     the provision of documents, timely information on the 
     location, movement, and sources of financial support of 
     indictees, and the surrender and transfer of indictees or 
     assistance in their apprehension, including Ratko Mladic and 
     Radovan Karadzic;
       (2) taking steps that are consistent with the Dayton 
     Accords to end Serbian financial, political, security and 
     other support which has served to maintain separate Republika 
     Srpska institutions; and
       (3) taking steps to implement policies which reflect a 
     respect for minority rights and the rule of law.
       (d) This section shall not apply to Kosovo, humanitarian 
     assistance or assistance to promote democracy.


                   community-based police assistance

       Sec. 662. (a) Authority.--Funds made available by this Act 
     to carry out the provisions of chapter 1 of part I and 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     may be used, notwithstanding section 660 of that Act, to 
     enhance the effectiveness and accountability of civilian 
     police authority through training and technical assistance in 
     human rights, the rule of law, strategic planning, and 
     through assistance to foster civilian police roles that 
     support democratic governance including assistance for 
     programs to prevent conflict, respond to disasters, address 
     gender-based violence, and foster improved police relations 
     with the communities they serve.
       (b) Notification.--Assistance provided under subsection (a) 
     shall be subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.


                  Special Debt Relief for the Poorest

       Sec. 663. (a) Authority To Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation, to pay 
     for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f) 
     of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-
     501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral

[[Page 23766]]

     official debt relief and referendum agreements, commonly 
     referred to as ``Paris Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.
       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to the funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for the purposes of any provision of law limiting assistance 
     to a country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961 or section 321 of the International 
     Development and Food Assistance Act of 1975.


             Authority to Engage in Debt Buybacks or Sales

       Sec. 664. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make adjustment in its accounts to 
     reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     Restructuring''.


                        reconciliation programs

       Sec. 665. Of the funds appropriated under the heading 
     ``Economic Support Fund'', not less than $20,000,000 shall be 
     made available to support reconciliation programs and 
     activities which bring together individuals of different 
     ethnic, religious, and political backgrounds from areas of 
     civil conflict and war.


                                 SUDAN

       Sec. 666. (a) Limitation on Assistance.--Subject to 
     subsection (b):
       (1) Notwithstanding section 501(a) of the International 
     Malaria Control Act of 2000 (Public Law 106-570) or any other 
     provision of law, none of the funds appropriated by this Act 
     may be made available for assistance for the Government of 
     Sudan.
       (2) None of the funds appropriated by this Act may be made 
     available for the cost, as defined in section 502, of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees held by the Government of Sudan, including the 
     cost of selling, reducing, or canceling amounts owed to the 
     United States, and modifying concessional loans, guarantees, 
     and credit agreements.
       (b) Subsection (a) shall not apply if the Secretary of 
     State determines and certifies to the Committees on 
     Appropriations that--
       (1) the Government of Sudan is honoring its pledges to 
     cease attacks upon civilians and has disarmed and demobilized 
     the Janjaweed and other government-supported militias;
       (2) the Government of Sudan and all government-supported 
     militia groups are honoring their commitments made in all 
     previous cease-fire agreements; and
       (3) the Government of Sudan is allowing unimpeded access to 
     Darfur to humanitarian aid organizations, the human rights 
     investigation and humanitarian teams of the United Nations, 
     including protection officers, and an international 
     monitoring team that is based in Darfur and that has the 
     support of the United States.
       (c) Exceptions.--The provisions of subsection (a) shall not 
     apply to--
       (1) humanitarian assistance;
       (2) assistance for Darfur and for areas outside the control 
     of the Government of Sudan; and
       (3) assistance to support implementation of the 
     Comprehensive Peace Agreement and the Darfur Peace Agreement 
     or any other internationally-recognized peace agreement in 
     Sudan.
       (d) Definitions.--For the purposes of this Act, the term 
     ``Government of Sudan'' shall not include the Government of 
     Southern Sudan.


                    TRANSPARENCY AND ACCOUNTABILITY

       Sec. 667. (a) United Nations Development Program.--Prior to 
     the initial obligation of funds appropriated in this Act 
     under the heading ``International Organizations and 
     Programs'' for a United States contribution to the United 
     Nations Development Program (UNDP), the Secretary of State 
     shall certify and report to the Committees on Appropriations 
     that UNDP is--
       (1) giving adequate and appropriate access to information 
     to the United States Mission to the United Nations regarding 
     UNDP's programs and activities, as requested, including in 
     North Korea and Burma; and
       (2) conducting appropriate oversight of UNDP programs and 
     activities globally.
       (b) World Bank.--Twenty percent of the funds appropriated 
     by this Act under the heading ``International Development 
     Association'' shall be withheld from disbursement until the 
     Secretary of the Treasury reports to the Committees on 
     Appropriations that--
       (1) the World Bank has made publicly available, in an 
     appropriate manner, financial disclosure forms of senior 
     World Bank personnel, including those at the level of 
     managing director, vice president, and above;
       (2) the World Bank has established a plan and maintains a 
     schedule for conducting regular, independent audits of 
     internal management controls and procedures for meeting 
     operational objectives, and is making reports describing the 
     scope and findings of such audits available to the public;
       (3) the World Bank is adequately staffing and sufficiently 
     funding the Department of Institutional Integrity; and
       (4) the World Bank has made publicly available the ``Volker 
     Panel'' report regarding the review and evaluation of the 
     mandate and authorities, policies, procedures, practices, 
     independence, reporting lines, and oversight mechanisms of 
     the World Bank's Department of Institutional Integrity.
       (c) Report.--The Comptroller General of the United States 
     shall conduct an assessment of the financial management and 
     oversight of programs and activities funded under the 
     headings ``Millennium Challenge Corporation'', ``Global 
     Health Programs'' (for HIV/AIDS programs), and ``Global HIV/
     AIDS Initiative'' in this Act and prior Acts making 
     appropriations for foreign operations, export financing, and 
     related programs. The assessment shall include an examination 
     of donor coordination efforts, and recommendations for 
     improving financial oversight of such programs and 
     activities.


 excess defense articles for central and south european countries and 
                        certain other countries

       Sec. 668. Notwithstanding section 516(e) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal 
     year 2008, funds available to the Department of Defense may 
     be expended for crating, packing, handling, and 
     transportation of excess defense articles transferred under 
     the authority of section 516 of such Act to Albania, 
     Afghanistan, Bulgaria, Croatia,

[[Page 23767]]

     Estonia, Former Yugoslavian Republic of Macedonia, Georgia, 
     India, Iraq, Latvia, Lithuania, Moldova, Mongolia, Pakistan, 
     Romania, Slovakia, and Ukraine.


                                ZIMBABWE

       Sec. 669. The Secretary of the Treasury shall instruct the 
     United States executive director to each international 
     financial institution to vote against any extension by the 
     respective institution of any loans to the Government of 
     Zimbabwe, except to meet basic human needs or to promote 
     democracy, unless the Secretary of State determines and 
     certifies to the Committees on Appropriations that the rule 
     of law has been restored in Zimbabwe, including respect for 
     ownership and title to property, freedom of speech and 
     association.


                       DEVELOPMENT GRANTS PROGRAM

       Sec. 670. (a) Establishment of the Program.--There is 
     established within the United States Agency for International 
     Development (USAID) a Development Grants Program (DGP) to 
     provide small grants to United States and indigenous 
     nongovernmental organizations for the purpose of carrying out 
     the provisions of chapters 1 and 10 of part I and chapter 4 
     of part II of the Foreign Assistance Act of 1961.
       (b) Eligibility for Grants.--Grants from the DGP shall be 
     made only for proposals of nongovernmental organizations 
     identified in the report accompanying this Act that are 
     recommended for consideration for funding by that report, and 
     for proposals of other nongovernmental organizations that 
     apply.
       (c) Competition.--To the maximum extent practicable, grants 
     made pursuant to the authority of this section shall be open, 
     transparent and competitive.
       (d) Size of Program and Individual Grants.--
       (1) Of the funds appropriated by this Act to carry out 
     chapter 1 of part I and chapter 4 of part II of the Foreign 
     Assistance Act of 1961, not less than $50,000,000 shall be 
     made available for purposes of this section: Provided, That 
     not more than 50 percent of this amount shall be derived from 
     funds appropriated to carry out chapter 1 of part I of such 
     Act.
       (2) No individual grant, or grant amendment, made pursuant 
     to this section shall exceed $2,000,000.
       (e) Availability of Other Funds.--Funds made available 
     under this section are in addition to other funds available 
     for such purposes including funds designated by this Act by 
     section 665, Reconciliation Programs.
       (f) Definition.--For purposes of this section, the term 
     ``nongovernmental organization'' means a private and 
     voluntary organization or for-profit entity, and shall not 
     include entities owned in whole or in part by a government or 
     governmental entity.
       (g) Report.--Within 90 days from the date of enactment of 
     this Act, and after consultation with the Committees on 
     Appropriations, the Administrator of USAID shall submit a 
     report to those Committees describing the procedures and 
     mechanisms USAID will use to implement this section.


                   MONITORING OF MILITARY ASSISTANCE

       Sec. 671. Not later than 90 days after enactment of this 
     Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations describing the procedures being 
     applied, on a country-by-country basis, to monitor whether 
     funds appropriated by this Act under the heading ``Foreign 
     Military Financing Program'' for assistance for Bangladesh, 
     Democratic Republic of the Congo, Ethiopia, Pakistan, 
     Philippines, and Sri Lanka, are misused by units of the 
     security forces of such countries against civilians, 
     including civilians who are members of political opposition 
     parties and human rights groups.


                    DISASTER ASSISTANCE AND RECOVERY

       Sec. 672. (a) Funds made available to the Comptroller 
     General under chapter 4 of title I of the Emergency 
     Supplemental Appropriations Act (Public Law 106-31; 113 Stat. 
     69) and section 593 of the Foreign Operations, Export 
     Financing, and Programs Agencies Appropriations Act, 2001 
     (Public Law 106-429; 114 Stat. 1900A-59) to monitor the 
     provisions of assistance to address the effects of hurricanes 
     in Central America and the Caribbean and the earthquake in 
     Colombia, and to monitor the earthquake relief and 
     reconstruction efforts in El Salvador under section 561 of 
     the Foreign Operations, Export Financing, and Programs 
     Agencies Appropriations Act, 2002 (Public Law 107-115; 115 
     Stat. 2162) shall also be available to the Comptroller 
     General to monitor any other disaster assistance and recovery 
     effort.
       (b) This section shall apply with respect to fiscal year 
     2008 and each year thereafter.


     united states agency for international development management

                     (including transfer of funds)

       Sec. 673. (a) Authority.--Up to $81,000,000 of the funds 
     made available in this Act to carry out the provisions of 
     part I of the Foreign Assistance Act of 1961, including funds 
     appropriated under the heading ``Assistance for Eastern 
     Europe and the Baltic States'', may be used by the United 
     States Agency for International Development (USAID) to hire 
     and employ individuals in the United States and overseas on a 
     limited appointment basis pursuant to the authority of 
     sections 308 and 309 of the Foreign Service Act of 1980.
       (b) Restrictions.--
       (1) The number of individuals hired in any fiscal year 
     pursuant to the authority contained in subsection (a) may not 
     exceed 175.
       (2) The authority to hire individuals contained in 
     subsection (a) shall expire on September 30, 2009.
       (c) Conditions.--The authority of subsection (a) may only 
     be used to the extent that an equivalent number of positions 
     that are filled by personal services contractors or other 
     nondirect-hire employees of USAID, who are compensated with 
     funds appropriated to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Eastern Europe and the Baltic 
     States'', are eliminated.
       (d) Priority Sectors.--In exercising the authority of this 
     section, primary emphasis shall be placed on enabling USAID 
     to meet personnel positions in technical skill areas 
     currently encumbered by contractor or other nondirect-hire 
     personnel.
       (e) Consultations.--The USAID Administrator shall consult 
     with the Committees on Appropriations at least on a quarterly 
     basis concerning the implementation of this section.
       (f) Program Account Charged.--The account charged for the 
     cost of an individual hired and employed under the authority 
     of this section shall be the account to which such 
     individual's responsibilities primarily relate. Funds made 
     available to carry out this section may be transferred to and 
     merged and consolidated with funds appropriated for 
     ``Operating Expenses of the United States Agency for 
     International Development''.
       (g) Management Reform Pilot.--Of the funds made available 
     in subsection (a), USAID may use, in addition to funds 
     otherwise available for such purposes, up to $15,000,000 to 
     fund overseas support costs of members of the Foreign Service 
     with a Foreign Service rank of four or below: Provided, That 
     such authority is only used to reduce USAID's reliance on 
     overseas personal services contractors or other nondirect-
     hire employees compensated with funds appropriated to carry 
     out part I of the Foreign Assistance Act of 1961, including 
     funds appropriated under the heading ``Assistance for Eastern 
     Europe and the Baltic States''.
       (h) Disaster Surge Capacity.--Funds appropriated by this 
     Act to carry out part I of the Foreign Assistance Act of 
     1961, including funds appropriated under the heading 
     ``Assistance for Eastern Europe and the Baltic States'', may 
     be used, in addition to funds otherwise available for such 
     purposes, for the cost (including the support costs) of 
     individuals detailed to or employed by the United States 
     Agency for International Development whose primary 
     responsibility is to carry out programs in response to 
     natural disasters.


                        opic transfer authority

                     (including transfer of funds)

       Sec. 674. Whenever the President determines that it is in 
     furtherance of the purposes of the Foreign Assistance Act of 
     1961, up to a total of $20,000,000 of the funds appropriated 
     under title II of this Act may be transferred to and merged 
     with funds appropriated by this Act for the Overseas Private 
     Investment Corporation Program Account, to be subject to the 
     terms and conditions of that account: Provided, That such 
     funds shall not be available for administrative expenses of 
     the Overseas Private Investment Corporation: Provided 
     further, That funds earmarked by this Act shall not be 
     transferred pursuant to this section: Provided further, That 
     the exercise of such authority shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


                         reporting requirement

       Sec. 675. The Secretary of State shall provide the 
     Committees on Appropriations, not later than April 1, 2008, 
     and for each fiscal quarter, a report in writing on the uses 
     of funds made available under the headings ``Foreign Military 
     Financing Program'', ``International Military Education and 
     Training'', and ``Peacekeeping Operations'': Provided, That 
     such report shall include a description of the obligation and 
     expenditure of funds, and the specific country in receipt of, 
     and the use or purpose of the assistance provided by such 
     funds.


              ENVIRONMENT AND ENERGY CONSERVATION PROGRAMS

       Sec. 676. (a) Biodiversity.--Of the funds appropriated 
     under the heading ``Development Assistance'', not less than 
     $195,000,000 shall be made available for programs and 
     activities which directly protect biodiversity, including 
     forests, in developing countries, of which not less than the 
     amount of funds initially allocated pursuant to section 
     653(a) of the Foreign Assistance Act of 1961 for fiscal year 
     2006 shall be made available for such activities in Brazil, 
     Colombia, Ecuador, Peru and Bolivia, and that in addition to 
     such amounts for such countries not less than $15,000,000 
     shall be made available for the United States Agency for 
     International Development's Amazon Basin Conservation 
     Initiative: Provided, That of the funds appropriated by this 
     Act, not less than $17,500,000 shall be made available for 
     the Congo Basin Forest Partnership of which not less than 
     $2,500,000 shall be made available to the United States Fish 
     and Wildlife Service for wildlife conservation programs in 
     Central Africa.
       (b) Energy.--
       (1) Of the funds appropriated by this Act, not less than 
     $195,000,000 shall be made available to support clean energy 
     and other climate change programs in developing countries, of 
     which not less than $125,000,000 should be made available to 
     directly promote and deploy energy conservation, energy 
     efficiency, and renewable and clean energy technologies with 
     an emphasis on small hydro, solar and wind energy, and of 
     which the balance should be made available to directly: (1) 
     reduce greenhouse gas emissions; (2) increase

[[Page 23768]]

     carbon sequestration activities; and (3) support climate 
     change mitigation and adaptation programs.
       (2) The Secretary of State shall convene an interagency 
     committee, including appropriate officials of the Department 
     of State, the United States Agency for International 
     Development, and the Environmental Protection Agency, to 
     evaluate the specific needs of developing countries in 
     adapting to climate change impacts: Provided, That the 
     Secretary shall submit a report to the Committees on 
     Appropriations not later than September 1, 2008, describing 
     such needs, on a country-by-country and regional basis, and 
     the actions planned and being taken by the United States, 
     including funding provided to developing countries 
     specifically for adaptation to climate change impacts.
       (c) Extraction of Natural Resources.--
       (1) The Secretary of the Treasury shall inform the 
     managements of the international financial institutions and 
     the public that it is the policy of the United States that 
     any assistance by such institutions (including but not 
     limited to any loan, credit, grant, or guarantee) for the 
     extraction and export of oil, gas, coal, timber, or other 
     natural resource should not be provided unless the government 
     of the country has in place functioning systems for: (A) 
     accurately accounting for revenues and expenditures in 
     connection with the extraction and export of the type of 
     natural resource to be extracted or exported; (B) the 
     independent auditing of such accounts and the widespread 
     public dissemination of the audits; and (C) verifying 
     government receipts against company payments including 
     widespread dissemination of such payment information, and 
     disclosing such documents as Host Government Agreements, 
     Concession Agreements, and bidding documents, allowing in any 
     such dissemination or disclosure for the redaction of, or 
     exceptions for, information that is commercially proprietary 
     or that would create competitive disadvantage.
       (2) Not later than 180 days after the enactment of this 
     Act, the Secretary of the Treasury shall submit a report to 
     the Committees on Appropriations describing, for each 
     international financial institution, the amount and type of 
     assistance provided, by country, for the extraction and 
     export of oil, gas, coal, timber, or other national resource 
     since September 30, 2007, and whether each institution 
     considered, in its proposal for such assistance, the extent 
     to which the country has functioning systems described in 
     paragraph (c)(1).
       (d) Funds appropriated under titles II, III and IV of this 
     Act shall to the maximum extent practicable, be subject to 
     the provisions of section 117 (relating to environment and 
     natural resources) of the Foreign Assistance Act of 1961.


                               uzbekistan

       Sec. 677. (a) Limitation on Assistance.--Funds appropriated 
     by this Act may be made available for assistance for the 
     central Government of Uzbekistan only if the Secretary of 
     State determines and reports to the Committees on 
     Appropriations that--
       (1) the Government of Uzbekistan is making substantial and 
     continuing progress in meeting its commitments under the 
     ``Declaration on the Strategic Partnership and Cooperation 
     Framework Between the Republic of Uzbekistan and the United 
     States of America'', including respect for human rights, 
     establishing a genuine multi-party system, and ensuring free 
     and fair elections, freedom of expression, and the 
     independence of the media; and
       (2) a credible international investigation of the May 13, 
     2005, shootings in Andijan is underway with the support of 
     the Government of Uzbekistan.
       (b) Sanctions.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall send to 
     the appropriate congressional committees a list of officials 
     of the Government of Uzbekistan and their immediate family 
     members who have been credibly alleged to have been involved 
     in the Andijan massacre or in other gross violations of human 
     rights in Uzbekistan;
       (c) Imposition of Sanctions.--Not later than 10 days after 
     the list described in subsection (b) is submitted to the 
     appropriate congressional committees, the following sanctions 
     shall apply:
       (1) Any individual on the list submitted under subsection 
     (b) shall be ineligible for a visa to enter the United 
     States.
       (2) No property or interest in property belonging to an 
     individual on the list submitted under subsection (b), or to 
     a member of the immediate family of such individual if the 
     property is effectively under the control of such individual, 
     may be transferred, paid, exported, withdrawn, or otherwise 
     dealt with, if the property is within the United States or 
     within the possession or control of a United States person, 
     including the overseas branch of such person, or after the 
     date of the enactment of this Act comes within the control of 
     such person.
       (3) No United States person may engage in financial 
     transactions with an individual on the list submitted under 
     subsection (b), or with a member of the immediate family of 
     such individual if the transaction will benefit an individual 
     on the list submitted under subsection (b).
       (c) Freezing of Assets.--
       (1) In general.--The Secretary of the Treasury shall 
     immediately block any assets, property, transactions in 
     foreign exchange, currency, or securities, and transfers of 
     credit or payments between, by, through, or to any banking 
     institution under the jurisdiction of the United States of an 
     individual identified under subsection (b) of this section.
       (2) Reporting requirement.--Not later than 15 days after a 
     decision to freeze the assets identified in this subsection 
     of any individual identified under subsection (b), the 
     Secretary of the Treasury shall--
       (A) report the name of such individual to the Committees on 
     Appropriations; and
       (B) require any United States financial institution holding 
     such funds or assets to promptly report those funds and 
     assets to the Office of Foreign Assets Control.


                              Central Asia

       Sec. 678. (a) Funds appropriated by this Act may be made 
     available for assistance for the Government of Kazakhstan 
     only if the Secretary of State determines and reports to the 
     Committees on Appropriations that the Government of 
     Kazakhstan has made significant improvements in the 
     protection of human rights during the preceding 6 month 
     period.
       (b) The Secretary of State may waive subsection (a) if he 
     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 6-month period ending 30 days prior 
     to submission of such report.
       (2) The use during such period of defense articles, defense 
     services, and financial assistance provided by the United 
     States by units of the armed forces, border guards, or other 
     security forces of such countries.
       (d) For purposes of this section, the term ``countries of 
     Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, 
     Tajikistan, and Turkmenistan.


                          disability programs

       Sec. 679. (a) Of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'', not less than 
     $4,000,000 shall be made available for programs and 
     activities administered by the United States Agency for 
     International Development (USAID) to address the needs and 
     protect the rights of people with disabilities in developing 
     countries, of which $1,500,000 should be made available to 
     disability advocacy organizations that have expertise in 
     working to protect the rights and increasing the independence 
     and full participation of people with disabilities: Provided, 
     That funds for disability advocacy organizations should be 
     used for training and technical assistance for foreign 
     disabled persons organizations in such areas as advocacy, 
     education, independent living, and transportation, with the 
     goal of promoting equal participation of people with 
     disabilities in developing countries: Provided further, That 
     USAID should seek to disburse at lease 25 percent of the 
     funds made available pursuant to this subsection in the form 
     of small grants.
       (b) Funds appropriated under the heading ``Operating 
     Expenses of the United States Agency for International 
     Development'' shall be made available to develop and 
     implement training for staff in overseas USAID missions to 
     promote the full inclusion and equal participation of people 
     with disabilities in developing countries.
       (c) The Secretary of State, the Secretary of the Treasury, 
     and the Administrator of USAID shall seek to ensure that, 
     where appropriate, construction projects funded by this Act 
     are accessible to people with disabilities and in compliance 
     with the USAID Policy on Standards for Accessibility for the 
     Disabled, or other similar accessibility standards.
       (d) Of the funds made available pursuant to subsection (a), 
     not more than 7 percent may be for management, oversight and 
     technical support.
       (e) Not later than 180 days after the date of enactment of 
     this Act, and 180 days thereafter, the Administrator of USAID 
     shall submit a report describing the programs, activities, 
     and organizations funded pursuant to this section.


                      NEGLECTED TROPICAL DISEASES

       Sec. 680. Of the funds appropriated under the heading 
     ``Global Health Programs'', not less than $15,000,000 shall 
     be made available for continued support of the United States 
     Agency for International Development's cooperative agreement 
     to implement an integrated response to the control of 
     neglected diseases including intestinal parasites, 
     schistosomiasis, lymphatic filariasis, onchocerciasis, 
     trachoma and leprosy: Provided, That the Administrator of the 
     United States Agency for International Development shall work 
     with relevant technical organizations addressing the specific 
     diseases, recipient countries, donor countries, the private 
     sector, UNICEF and the World Health Organization to develop a 
     multilateral, integrated initiative to control these diseases 
     that will enhance coordination and effectiveness and maximize 
     the leverage of United States contributions with those of 
     other donors: Provided further, That funds made available 
     pursuant to this section shall be subject to the regular 
     notification procedures of the Committees on Appropriations.


               ORPHANS, DISPLACED AND ABANDONED CHILDREN

       Sec. 681. Of the funds appropriated under title III of this 
     Act, $3,000,000 should be made available for activities to 
     improve the capacity of foreign government agencies and 
     nongovernmental organizations to prevent child abandonment, 
     address the needs of orphans, displaced and abandoned 
     children and provide permanent homes through family 
     reunification, guardianship and domestic adoptions: Provided, 
     That

[[Page 23769]]

     funds made available under title III of this Act should be 
     made available, as appropriate, consistent with--
       (1) the goal of enabling children to remain in the care of 
     their family of origin, but when not possible, placing 
     children in permanent homes through adoption;
       (2) the principle that such placements should be based on 
     informed consent which has not been induced by payment or 
     compensation;
       (3) the view that long-term foster care or 
     institutionalization are not permanent options and should be 
     used when no other suitable permanent options are available; 
     and
       (4) the recognition that programs that protect and support 
     families can reduce the abandonment and exploitation of 
     children.


       COORDINATOR OF ACTIVITIES RELATING TO INDIGENOUS PEOPLES 
                            INTERNATIONALLY

       Sec. 682. (a) Coordinator.--After consultation with the 
     Committees on Appropriations and not later than 90 days after 
     the enactment of this Act, there shall be established within 
     the Department of State in the immediate office of the 
     Director of United States Foreign Assistance a Coordinator of 
     Activities Relating to Indigenous Peoples Internationally 
     (hereinafter in this section referred to as the 
     ``Coordinator''), who shall be appointed by the Director. The 
     Coordinator shall report directly to the Director.
       (b) Responsibilities.--The Coordinator shall:
       (1) Serve as a principal advisor to the Director of United 
     States Foreign Assistance and the Administrator of the United 
     States Agency for International Development on matters 
     relating to the rights and needs of indigenous peoples 
     internationally and should represent the United States 
     Government on such matters in meetings with foreign 
     governments and multilateral institutions.
       (2) Provide for the oversight and coordination of all 
     resources, programs, projects, and activities of the United 
     States Government to protect the rights and address the needs 
     of indigenous peoples internationally; and
       (3) Develop and coordinate assistance strategies with 
     specific goals, benchmarks, guidelines, 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 executing the provisions 
     of this section.
       (d) Report.--Not later than one year after the enactment of 
     this Act, the Secretary shall submit a report to the 
     Committees on Appropriations describing progress made in 
     implementing this section.


                    OVERSIGHT OF IRAQ RECONSTRUCTION

       Sec. 683. Subsection (o) of section 3001 of the Emergency 
     Supplemental Appropriations Act for Defense and for the 
     Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
     106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as 
     amended by section 1054(b) of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 129 Stat. 2397), section 2 of the Iraq 
     Reconstruction Accountability Act of 2006 (Public Law 109-
     440), and section 3801 of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) is amended--
       (1) in subsection (o)(1)(B) by striking ``fiscal year 2006 
     or fiscal year 2007'' and inserting ``fiscal years 2006 
     through 2008''. Section 1054 of Public Law 109-364 is amended 
     by striking ``fiscal year 2006'' and inserting ``fiscal years 
     2006 through 2008''; and
       (2) by adding at the end of such section the following 
     subsection:
       ``(p) Rule of Construction.--For the purposes of carrying 
     out the duties of the Inspector General, any United States 
     funds appropriated or otherwise made available for fiscal 
     years 2006 through 2008 for the reconstruction of Iraq, 
     irrespective of the designation of such funds, shall be 
     deemed to be amounts appropriated or otherwise made available 
     to the Iraq Relief and Reconstruction Fund.''.


               demobilization and disarmament in colombia

       Sec. 684. (a) Availability of Funds.--Of the funds 
     appropriated in this Act, up to $12,000,000 may be made 
     available in fiscal year 2008 for assistance for the 
     demobilization and reintegration of former members of foreign 
     terrorist organizations (FTOs) in Colombia, if the Secretary 
     of State consults with and makes a certification described in 
     subsection (b) to the Committees on Appropriations prior to 
     the initial obligation of amounts for such assistance for the 
     fiscal year involved.
       (b) Certification.--A certification described in this 
     subsection is a certification that--
       (1) assistance for the fiscal year will be provided only 
     for individuals who have: (A) verifiably renounced and 
     terminated any affiliation or involvement with FTOs or other 
     illegal armed groups; (B) are meeting all the requirements of 
     the Colombia Demobilization Program, including having 
     disclosed their involvement in past crimes and their 
     knowledge of the FTO's structure, financing sources, illegal 
     assets, and the location of kidnapping victims and bodies of 
     the disappeared; and (C) are not involved in acts of 
     intimidation or violence against human rights defenders;
       (2) the Government of Colombia is providing full 
     cooperation to the Government of the United States to 
     extradite the leaders and members of the FTOs who have been 
     indicted in the United States for murder, kidnapping, 
     narcotics trafficking, or other violations of United States 
     law, and is immediately extraditing to the United States 
     those commanders, leaders and members indicted in the United 
     States who have breached the terms of the Colombia 
     Demobilization Program, including by failing to fully confess 
     their crimes, failing to disclose their illegal assets, or 
     committing new crimes since the approval of the Justice and 
     Peace Law;
       (3) the Government of Colombia is not taking any steps to 
     legalize the titles of land or other assets illegally 
     obtained and held by FTOs, their associates, or successors, 
     has established effective procedures to identify such land 
     and other assets, and is confiscating and returning such land 
     and other assets to their rightful owners;
       (4) the Government of Colombia is implementing a concrete 
     and workable framework for dismantling the organizational 
     structures of foreign terrorist organizations; and
       (5) funds shall not be made available as cash payments to 
     individuals and are available only for activities under the 
     following categories: verification, reintegration (including 
     training and education), vetting, recovery of assets for 
     reparations for victims, and investigations and prosecutions.
       (c) Notification.--Funds made available by this Act for 
     demobilization and reintegration of members of FTOs shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (B) the Committee on Appropriations and the Committee on 
     Foreign Relations of the Senate.
       (2) Foreign terrorist organization.--The term ``foreign 
     terrorist organization'' means an organization designated as 
     a terrorist organization under section 219 of the Immigration 
     and Nationality Act.


                               INDONESIA

       Sec. 685. Of the funds appropriated under the heading 
     ``Foreign Military Financing Program'', $15,700,000 may be 
     made available for assistance for Indonesia, and an 
     additional $2,000,000 may be made available when the 
     Secretary of State reports to the Committees on 
     Appropriations that the Government of Indonesia has provided 
     a copy of its written plans to effectively address the 
     following, and a copy of each plan has been provided with the 
     report--
       (1) accountability for past violations of human rights by 
     members of the Indonesian military;
       (2) to allow public access to Papua and West Irian Jaya; 
     and
       (3) to pursue the criminal investigation, and provide the 
     projected timeframe for completing the investigation, of the 
     murder of Munir Said Thalib.


                        ASSISTANCE FOR GUATEMALA

       Sec. 686. (a) Funds appropriated by this Act under the 
     heading ``International Military Education and Training'' 
     that are available for assistance for Guatemala, other than 
     for expanded international military education and training, 
     may be made available only for the Guatemalan Air Force and 
     Navy and may be made available for the Guatemalan Army Corps 
     of Engineers only for training to improve disaster response 
     capabilities and to participate in international peacekeeping 
     operations: Provided, 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 civilian judicial authorities are 
     investigating and prosecuting, with the military's full 
     cooperation, military personnel who have been credibly 
     alleged to have committed gross violations of human rights.
       (b) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' that are available for 
     assistance for Guatemala may be made available only for the 
     Guatemalan Air Force, Navy and Army Corps of Engineers if the 
     Secretary of State certifies that the Guatemalan Air Force, 
     Navy and Army Corps of Engineers are respecting human rights, 
     civilian judicial authorities are investigating and 
     prosecuting, with the military's full cooperation, military 
     personnel who have been credibly alleged to have committed 
     gross violations of human rights, and the Guatemalan 
     Government has enacted into law the International Commission 
     Against Impunity in Guatemala.
       (c) Funds made available for assistance for Guatemala under 
     the headings referred to in this section shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.


                             CHILD SOLDIERS

       Sec. 687. (a) No military assistance shall be furnished 
     with funds appropriated by this Act and, during the current 
     fiscal year, no military equipment or technology shall be 
     sold or transferred pursuant to the authorities contained in 
     this Act or any other Act, to the government of a country 
     that is identified by the Department of State's 2006 Country 
     Reports on Human Rights Practices as having security 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 prohibit and prevent the future recruitment or 
     use of child soldiers.

[[Page 23770]]

       (c) The Secretary of State may waive the application to a 
     country of the prohibition in subsection (a) if the Secretary 
     determines and reports to the Committees on Appropriations 
     that such waiver is important to the national interest of the 
     United States.


                              PHILIPPINES

       Sec. 688. Of the funds appropriated by this Act under the 
     heading ``Foreign Military Financing Program'', not to exceed 
     $30,000,000 may be made available for assistance for the 
     Philippines, and an additional $2,000,000 may be made 
     available when the Secretary of State reports to the 
     Committees on Appropriations that--
       (1) the Philippine Government is implementing the 
     recommendations of the United Nations Special Rapporteur on 
     Extrajudicial, Summary or Arbitrary Executions; and
       (2) the Philippine military is not engaging in acts of 
     intimidation or violence against members of legal 
     organizations who advocate for human rights.


                                PAKISTAN

       Sec. 689. (a) Of the funds appropriated by this Act under 
     the heading ``Foreign Military Financing Program'', 
     $300,000,000 may be made available for assistance for 
     Pakistan, unless the Secretary of State reports to the 
     Committees on Appropriations that the Government of Pakistan 
     is not--
       (1) making effective and consistent efforts to prevent Al 
     Qaeda and associated terrorist groups from operating in the 
     territory of Pakistan, including by eliminating terrorist 
     training camps or facilities, arresting members of Al Qaeda 
     and associated terrorist groups, and countering recruitment 
     efforts;
       (2) making effective and consistent efforts to prevent the 
     Taliban from using the territory of Pakistan as a sanctuary 
     from which to launch attacks within Afghanistan, including by 
     arresting Taliban leaders, stopping cross-border incursions, 
     and countering recruitment efforts; and
       (3) implementing democratic reforms, including by--
       (A) allowing free, fair and inclusive elections in 
     accordance with internationally recognized democratic norms;
       (B) ensuring freedom of expression and ending harassment of 
     journalists and government critics by security and 
     intelligence forces; and
       (C) respecting the independence of the judiciary and 
     implementing judicial decisions.
       (b) If the Secretary reports pursuant to subsection (a), 
     funds that are available for assistance for Pakistan pursuant 
     to this section which have not been made available may be 
     transferred to and merged with funds appropriated by this Act 
     under the heading ``Economic Support Fund'' and used for 
     basic education, health, micro-enterprise development, and 
     democracy programs in Pakistan.


                               SRI LANKA

       Sec. 690. None of the funds appropriated by this Act under 
     the heading ``Foreign Military Financing Program'' may be 
     made available for assistance for Sri Lanka, no defense 
     export license may be issued, and no military equipment or 
     technology shall be sold or transferred to Sri Lanka pursuant 
     to the authorities contained in this Act or any other Act, 
     unless the Secretary of State certifies and reports to the 
     Committees on Appropriations that the Sri Lankan military is 
     suspending and the Sri Lankan Government is bringing to 
     justice members of the military who have been credibly 
     alleged to have committed gross violations of human rights, 
     including extrajudicial executions and the recruitment of 
     child soldiers.


                       PEACE CORPS SEPARATION PAY

       Sec. 691. (a) Establishment of Fund.--There is established 
     in the Treasury of the United States a fund for the Peace 
     Corps to provide separation pay for host country resident 
     personal services contractors of the Peace Corps.
       (b) Funding.--The Director of the Peace Corps may deposit 
     in such fund--
       (1) amounts previously obligated and not canceled for 
     separation pay of host country resident personal services 
     contractors of the Peace Corps; and
       (2) amounts obligated for fiscal years after 2006 for the 
     current and future costs of separation pay for host country 
     resident personal services contractors of the Peace Corps.
       (c) Availability.--Beginning in fiscal year 2007 and 
     thereafter, amounts in the fund are available without fiscal 
     year limitation for severance, retirement, or other 
     separation payments to host country resident personal 
     services contractors of the Peace Corps in countries where 
     such pay is legally authorized.


                     MULTILATERAL DEVELOPMENT BANKS

       Sec. 692. (a) Independent Auditing and Inspector General.--
     The Secretary of the Treasury shall instruct the United 
     States Executive Director to each multilateral development 
     bank to inform the bank of, and use the voice and vote of the 
     United States to achieve at the bank, the following United 
     States policy goals:
       (1) Each multilateral development bank should--
       (A) establish an independent Office of Inspector General, 
     establish or strengthen an independent auditing function at 
     the bank, and require that the Inspector General and the 
     auditing function report directly to the board of directors 
     of the bank; and
       (B) adopt and implement an internationally recognized 
     internal controls framework, allocate adequate staffing to 
     auditing and supervision, require external audits of internal 
     controls, and external audits of loans where fraud is 
     suspected.
       (2) Each multilateral development bank should establish 
     effective procedures for the receipt, retention, and 
     treatment of--
       (A) complaints received by the bank regarding fraud, 
     accounting, mismanagement, internal accounting controls, or 
     auditing matters; and
       (B) the confidential, anonymous submission, particularly by 
     employees of the bank, of concerns regarding fraud, 
     accounting, mismanagement, internal accounting controls, or 
     auditing matters.
       (b) World Bank Inspection Panel.--The Secretary of the 
     Treasury shall instruct the United States Executive Director 
     to the World Bank to inform the Bank of, and use the voice 
     and vote of the United States to achieve transparency reforms 
     of the selection process for members of the World Bank 
     Inspection Panel, including--
       (1) Widely circulating Inspection Panel position vacancy 
     announcements on the Inspection Panel's website and in 
     appropriate publications;
       (2) Notifying civil society organizations on the Inspection 
     Panel's website and on other appropriate World Bank websites 
     and inviting nominations from such groups;
       (3) Making public the schedule of the selection process;
       (4) Posting the list of nominees and applicants on the 
     Inspection Panel's website; and
       (5) Including a civil society representative on the World 
     Bank selection committee for the Inspection Panel member.
       (c) Anti-Corruption Trust Pilot Program.--
       (1) Authority.--The Secretary of the Treasury shall seek 
     the creation of a pilot program that establishes an Anti-
     Corruption Trust at the World Bank, the purposes of which 
     should include--
       (A) to assist poor countries in investigations and 
     prosecutions of fraud and corruption related to loans, 
     grants, or credits of the World Bank; and
       (B) to determine whether such a program should be carried 
     out at other multilateral development banks.
       (2) Poor countries defined.--In this subsection, the term 
     ``poor countries'' means countries eligible to borrow from 
     the International Development Association.
       (3) Report.--Not later than 180 days after enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report detailing the actions taken 
     to establish the Anti-Corruption Trust.
       (c) Authorizations.--
       (1) Section 501(i) of title V of H.R. 3425 as enacted into 
     law by section 1000(a)(5) of Public law 106-113, as amended 
     by section 591(b) of Division D of Public Law 108-447, is 
     further amended by striking ``fiscal'' and all that follows 
     through ``which'' and inserting in lieu thereof ``fiscal 
     years 2000-2010, which''.
       (2) Section 801(b)(1)(ii) of Public Law 106-429, as amended 
     by section 591(a)(2) of Division D of Public law 108-447, is 
     further amended by striking ``fiscal years 2004-2006'' and by 
     inserting in lieu thereof ``fiscal years 2004-2010.''.


                    MILLENNIUM CHALLENGE CORPORATION

       Sec. 693. Section 607(b) of the Millennium Challenge Act of 
     2003 (22 U.S.C. 7706) is amended--
       (1) in paragraph (2)(B) by striking ``and the sustainable 
     management of natural resources'';
       (2) in paragraph (3)--
       (A) in subparagraph (A), by striking ``and'';
       (B) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (C) by adding the following subparagraph:
       ``(C) promote the protection of biodiversity and the 
     sustainable management and use of natural resources.''.


                            MATERIAL SUPPORT

RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES WHO DO NOT POSE 
                     A THREAT TO THE UNITED STATES

       Sec. 694. (a) Amendment to Authority To Determine the Bar 
     to Admission Inapplicable.--Section 212(d)(3)(B)(i) of the 
     Immigration 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, unless that alien is described in subsection 
     (a)(3)(B)(i)(V), or that subsection (a)(3)(B)(vi)(III) shall 
     not apply to a group. 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 non-
     statutory), including but not limited to 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 242 and only to the extent provided in section 
     242(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 title 8.''.
       (b) Automatic Relief for the Montagnards and Other Groups 
     That Do Not Pose a

[[Page 23771]]

     Threat to the United States.--Section 212(a)(3)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is 
     amended--
       (1) in clause (vi) in the matter preceding section (I), by 
     striking ``As'' and inserting ``Except as provided in clause 
     (vii), as''; and
       (2) by adding at the end the following new clause:
       ``(vii) Notwithstanding clause (vi), for purposes of this 
     section the Hmong, the Montagnards, 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, and the 
     Karenni National Progressive Party 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 and Secretary of 
     Homeland Security to exercise their discretionary authority 
     pursuant to 212(d)(3)(B)(i) (8 U.S.C. 1182(d)(3)(B)(i)).''.
       (c) Duress Exception.--Section 212(a)(3)(B)(iv)(VI) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1182(a)(3)(B)(iv)(VI)) is amended by adding at the end: ``It 
     shall be an affirmative defense to inadmissibility under this 
     subsection that the actor provided material support under 
     duress.''.
       (d) Technical Correction. In general.--Section 
     212(a)(3)(B)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``Subclause 
     (VII)'' and replacing it with ``Subclause (IX)''.
       (e) Regulations.--Section 212(d)(3)(B) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(d)(3)(B)) is amended by 
     adding the following subsection:
       ``(iii) Not later than 180 days after the date of enactment 
     of this Act, the Secretary of the Department of Homeland 
     Security and Secretary of State shall each publish in the 
     Federal Register regulations establishing the process by 
     which the eligibility of a refugee, asylum seeker, or 
     individual seeking to adjust his or her immigration status is 
     considered eligible for any of the exceptions authorized by 
     clause (i), including a timeline for issuing a 
     determination.''
       (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.


                           CLUSTER MUNITIONS

       Sec. 695. During the current fiscal year, no military 
     assistance shall be furnished for cluster munitions, no 
     defense export license for cluster munitions may be issued, 
     and no cluster munitions or cluster munitions technology 
     shall be sold or transferred, unless--
       (1) the submunitions of the cluster munitions have a 99 
     percent or higher tested rate; and
       (2) the agreement applicable to the assistance, transfer, 
     or sale of the cluster munitions or cluster munitions 
     technology specifies that the cluster munitions will only be 
     used against clearly defined military targets and will not be 
     used where civilians are known to be present.


                                  CUBA

       Sec. 696. (a) Subject to subsection (b), of the funds 
     appropriated by this Act under the heading ``International 
     Narcotics Control and Law Enforcement'', $1,000,000 shall be 
     made available for preliminary work by the Department of 
     State, or such other entity as the Secretary of State may 
     designate, to establish cooperation with appropriate agencies 
     of the Government of Cuba on counter-narcotics matters, 
     including matters relating to cooperation, coordination, and 
     mutual assistance in the interdiction of illicit drugs being 
     transported through Cuba airspace or over Cuba waters.
       (b) The amount in subsection (a) shall not be available if 
     the Secretary certifies to the Committees on Appropriations 
     that--
       (1) Cuba does not have in place appropriate procedures to 
     protect against the loss of innocent life in the air and on 
     the ground in connection with the interdiction of illegal 
     drugs; and
       (2) there is credible evidence of involvement of the 
     Government of Cuba in drug trafficking during the preceeding 
     10 years.


                                 LIBYA

       Sec. 697. (a) None of the funds appropriated by this Act 
     may be made available for--
       (1) construction of a new United States embassy in Libya;
       (2) activities in Libya related to energy development; or
       (3) activities in Libya which support investment in Libya's 
     hydrocarbon sector, including the processing of applications 
     for dual-use export licenses.
       (b) The prohibitions in subsection (a) shall no longer 
     apply if the Secretary of State certifies to the Committees 
     on Appropriations that the Government of Libya has made the 
     final settlement payments to the Pan Am 103 victims' 
     families, paid to the LaBelle Disco bombing victims their 
     agreed upon settlement amounts, and is engaging in good faith 
     settlement discussions regarding other relevant terrorism 
     cases.
       (c) Not later than 90 days after enactment of this Act and 
     90 days thereafter, the Secretary shall submit a report to 
     the Committees on Appropriations describing (1) actions taken 
     by the Department of State to facilitate a resolution of 
     these cases; and (2) United States commercial activities in 
     Libya's energy sector.


            CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS

       Sec. 698. Section 1059(c) of the National Defense 
     Authorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) 
     is amended by adding at the end the following:
       ``(3) Carry forward.--If the numerical limitation described 
     in paragraph (1) is not reached during a given fiscal year, 
     the numerical limitation for the following fiscal year shall 
     be increased by a number equal to the difference between the 
     number of visas authorized for the given fiscal year and the 
     number of aliens provided special immigrant status during the 
     given fiscal year.''.


                        global fund contribution

                    (including rescission of funds)

       Sec. 699. (a) The amount appropriated or otherwise made 
     available by title III for bilateral assistance for Global 
     Health Programs is hereby increased by $40,000,000.
       (b) The amount appropriated or otherwise made available for 
     such purpose and available for a United States contribution 
     to the Global Fund to Fight AIDS, Tuberculosis, and Malaria 
     is hereby increased by $40,000,000.
       (c) Of the unobligated balances of amounts appropriated or 
     otherwise made available in prior appropriations Acts under 
     the heading ``Economic Support Fund'', $40,000,000 is 
     rescinded.


                               REFERENCES

       Sec. 699A. Except as otherwise provided, any reference in 
     titles II through V, including the general provisions for 
     such titles, to ``this Act'' shall be deemed to be a 
     reference to titles II through V of the Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2008.
  The ACTING PRESIDENT pro tempore. The Senator from Vermont.
  Mr. LEAHY. Mr. President, I compliment my colleagues for moving so 
rapidly through the Military Construction legislation. It brings us to 
the State-Foreign Operations appropriations bill, which Senator Gregg, 
my friend and neighbor from New Hampshire, and I will be handling. I 
want to make a couple comments.
  If there are Senators who have amendments, I urge that they bring 
them to the floor. I understand because of the policy luncheons, it 
will probably be about an hour before we get to an amendment. But if 
there aren't any amendments pending, it would be my intent, if the 
Senator from New Hampshire has none, to go to final passage. We would 
like to wrap up this bill, if we can, today. I thank both Senator Reid 
and Senator McConnell for calling up this bill. I also thank Chairman 
Byrd and Ranking Member Cochran for the allocation we have.
  I do want to say, at the risk of causing political problems for him 
back in my neighboring State of New Hampshire, how appreciative I am to 
Senator Gregg and his staff for the bipartisan way they worked with me 
and my staff. Senator McConnell and I had established this way of doing 
things for a number of years, when he was chairman and I was chairman. 
We realized that, almost like the Vandenberg rule, bipartisanship has 
to begin at the water's edge. We have tried to do that with this bill.
  We have a balanced bill. When it was reported out of the 
Appropriations Committee, 28 of the 29 members of the committee voted 
for it.
  As a housekeeping matter, I remind Senators that on August 2, 2007, 
by a vote of 83 to 14, the Senate approved S. 1, the Honest Leadership 
and Open Government Act, clearing the measure for the President. This 
act will significantly improve transparency and accountability in the 
legislative process.
  The President has not yet signed it, but I want to inform Senators 
that we intend to abide by the requirements of that legislation during 
the consideration of this bill. The legislation requires that the 
chairman of the committee of jurisdiction certify that certain 
information related to congressionally directed spending be identified 
and that the required information be available on a publicly accessible 
congressional Web site in a searchable format at least 48 hours before 
a vote. The information required includes the identification of the 
congressionally directed spending and the name of the Senator who 
requested it.
  With regard to this legislation, I notify my colleagues that the 
committee

[[Page 23772]]

bill and report do not include any congressionally directed spending as 
defined by S. 1. A description of how the committee addresses this 
issue is contained in the committee report numbered 110-128, dated July 
10 of this year. It has been on the Internet for a couple months.
  I ask unanimous consent to print in the Record the certification by 
the chairman of the Committee on Appropriations.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

       Senator BYRD: I certify that the information that will be 
     required by S. 1, when it becomes law, related to 
     congressionally directed spending, has been identified in the 
     Committee report numbered 110-128, filed on July 10, 2007, 
     and that the required information has been available on a 
     publicly accessible congressional website in a searchable 
     format at least 48 hours before a vote on the pending bill.

  Mr. LEAHY. Senator Gregg and I did, of course, do our best to address 
the many requests we received. We have made some difficult choices. The 
bill contains a total of $34.4 billion in budget authority. The 
President has threatened to veto all appropriations bills that are 
above his budget request. This bill is $700 million below the 
President's budget request. In case anybody did not hear that, it is 
$700 million below the President's budget request.
  We have a significant increase for State Department and U.S. Embassy 
operations and security costs. We provide $1.35 billion for assessed 
contributions to international peacekeeping missions. These are 
peacekeeping missions the U.S. Government has voted for in Sudan, 
Liberia, the Democratic Republic of Congo, Haiti, Lebanon, and other 
nations.
  We provide $5.09 billion to combat HIV/AIDS. That is $940 million 
above the President's request but within the overall budget limits. 
This includes $590 million for the Global Fund to Fight AIDS, 
Tuberculosis, and Malaria. Added to the $300 million in the Labor, 
Health and Human Services bill, it is a total of $890 million for the 
Global Fund, an increase of $166 above last year's budget.
  The bill contains $476.5 million for Child Survival and Maternal 
Health. These programs address the most basic public health needs in 
the world's poorest countries.
  In our country, we are blessed with so many riches. For a child born 
here, almost always maternal health care and child health care is 
available. They can believe the water they are going to drink will be 
clean water. They can be given a schedule where the child will be given 
certain shots, inoculations, and so on, at certain times. In all 
likelihood--barring an accident or rare disease--that child is going to 
grow up.
  In so many of these other countries, they do not even list a child's 
birth until they are 2 years old because of the enormous number who die 
either in childbirth, where the mother can die also, or die of diseases 
easily controlled--dysentery, malaria, things such as that--before the 
child is even old enough to walk.
  I would say it is not an economic issue with us. We are blessed with 
the wealthiest, most powerful nation on Earth. We are so blessed. I 
think it is a moral responsibility for us to help in these areas.
  We provide $509 million for educational and cultural exchange 
programs, particularly to build bridges with predominantly Muslim 
countries. We should have these exchanges. We should have as many 
students coming to America as possible, and as many of our students 
going over to these other countries as possible. Maybe they will learn 
some languages. Maybe they will learn different cultures. Maybe our own 
students will come back having learned there is a world outside our 
borders, but those who come here will learn something about the United 
States.
  We provide lifesaving programs for millions of destitute refugees and 
displaced persons in Darfur, Iraq, the Middle East, and Colombia. More 
than 4 million Iraqis have fled their homes. Many of these people have 
worked for the U.S. Government or U.S. contractors or the U.S. news 
media and are being targeted because of those affiliations. They cannot 
even get help in getting out of there. They supported us. Now--whether 
one was for or opposed to the war in Iraq, these people helped us--it 
is time for us to help them. Other Iraqis are being killed simply 
because they are academic scholars or officials of Iraq's Ministry of 
Education. We have a moral responsibility to help these people.
  There is up to $1 billion in the bill for humanitarian and 
reconstruction programs in Afghanistan to help counter the resurgence 
of the Taliban and al-Qaida.
  The bill provides $1.2 billion for the Millennium Challenge 
Corporation. We support the Millennium Challenge Corporation, but they 
have had $6 billion appropriated since 2004, and they have only 
disbursed about $100 million. I felt they ought to use some of the 
undisbursed money they already have, to give us some of the other money 
for much greater needs.
  There are provisions in the bill considering international family 
planning the President said he would veto. That is no surprise. We have 
had these provisions in past bills. These are the same provisions that 
have been in the State, Foreign Operations appropriations bill year 
after year. Every year, the President says he will veto it because of 
it. We will have time for that debate later on.
  But I recall what Senator Mark Hatfield, the then-chairman of the 
Senate Appropriations Committee, said. Mark Hatfield--a strong right-
to-lifer, as strongly opposed to abortion as anybody else I have ever 
met--pointed out those family planning moneys actually cut down on 
abortions around the world. When they have been cut off, abortions have 
gone up. Sometimes we should get beyond the sloganeering.
  President Reagan, God rest his soul, used to give some speeches about 
how we needed a Constitutional amendment to ban abortions. Of course, 
he never supported one here and never asked to have one introduced. But 
it was a great speech. Many objected to President Clinton because he 
was pro-choice. Now we are back to somebody who is a right-to-lifer. 
But do you know what. As a matter of curiosity, abortions went up under 
President Reagan. They went down under President Clinton. Now they are 
going back up again. I wish we would never have abortions, but let us 
give alternatives to abortion in family planning. Sometimes the reality 
shames the rhetoric. The fact is, abortions went up during President 
Reagan's time, and they went down during President Clinton's time, and 
they are going back up now.
  The same thing can happen here. Give people family planning money and 
abortions will go down. We saw this in Russia. We have seen it 
categorically in other parts of the world. But that will be a debate 
for later on.
  My main point coming here was to say we would not have gotten the 
bill out with this kind of huge bipartisan support without the strong 
help of the former Governor, now Senator, Judd Gregg.
  Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from New Hampshire.
  Mr. GREGG. Mr. President, let me join and participate in expressing 
my appreciation to Senator Leahy and his staff for bringing forward a 
bill that is a reasonable bill. It is within the budget requested by 
the President. In fact, it is a little bit underneath it. It has a very 
strong commitment to the right priorities, and Senator Leahy deserves 
great credit. He has been instrumental on the issue of how we proceed 
in foreign policy for many years. Prior to my assuming this ranking 
position, Senator McConnell and he worked together hand in hand to 
address these issues, which cover the globe, are complicated but have a 
huge impact on an awful lot of lives.
  I appreciate his exceptional work in this area, and I appreciate the 
fact he has brought forward a piece of legislation which I am happy to 
support with enthusiasm. There are some issues, obviously, on policy 
which hopefully will be straightened out and which have been alluded 
to. They are primarily the issues of Mexico City and the Kemp-Kasten 
language. But the bill itself is

[[Page 23773]]

basically a very strong bill, and it is within the budget as requested 
by the President. Therefore, hopefully, we can get the Mexico City 
language straightened out and move on to passing the bill.
  His staff--Tim Rieser and the Democratic staff--have been 
extraordinarily fair to our staff--Paul Grove and our people on this 
side--and we appreciate their courtesy. When we raised issues, they 
tried to address them and resolve them.
  I wish to point out a few highlights in this bill. The chairman has 
mentioned a number of them. I think it is important to recognize we are 
a compassionate Nation, committed to trying to help people who we see 
in need. This bill reflects that innate quality of the American people. 
It is one of our great characteristics as Americans that we as a nation 
and as a people try to reach out to those who have not been dealt quite 
as good a hand as we have been dealt and try to help them across the 
globe.
  We use a lot of American taxpayers' dollars to do that. People work 
hard for those dollars. When we spend them in other countries, people 
want to be sure, of course, they are spent well, and they want to be 
sure they are getting results. They expect them to be spent to benefit 
regions of the world that have not been quite as lucky as we have been.
  That is why the commitment in this bill to AIDS, which is huge--$5 
billion--is important. It is something that has been bipartisan. The 
President has clearly taken the lead on this issue. This committee has 
strongly supported those initiatives.
  We also have made a very significant effort in the area of 
humanitarian aid dealing with migration and refugee assistance and with 
international disaster assistance. That is what these dollars are used 
for. When you go out and you meet folks, as all of us do--that is one 
of the fun parts of doing this job, representing our constituents and 
hearing from them--sometimes--actually, not that often in New Hampshire 
and I suspect not that often in Vermont, but sometimes you hear people 
say: What are we sending all this money overseas for? Those are dollars 
we worked hard for and could spend here in America.
  Well, we spend them overseas, first, because we are a nation which is 
blessed--and we understand others are not--and when we see things we 
can try to help with, such as the AIDS epidemic in Africa. We also send 
these dollars overseas because, quite honestly, it benefits us. It is 
that simple: It benefits us. It benefits us on two levels.
  First, it benefits us on a national security level. Most or many of 
these dollars which we spend under this bill essentially go to 
countries which undertake actions which assist us in our national 
security and pick up burdens which we might otherwise have to pick up, 
not only with dollars but also with American troops being at risk. So 
it is a good investment from that standpoint.
  Also, we basically are a trading nation. Our great success as an 
economy is the fact we are engaged, we are the international economy. 
Participating in that economy is critical to creating jobs and economic 
benefit here. Thus, we use these dollars, to a significant degree, to 
stabilize regions and give them economic viability. Quite simply, we 
can then participate in that economic viability by selling them goods--
products or services--which we manufacture or make in the United 
States.
  Again, it benefits us. So these dollars which we spend--and they are 
significant; $34 billion is a lot of money--are dollars which we spend 
well, I believe, on behalf of the American people in most instances.
  In this bill, for example, we significantly assist the military 
efforts of the nations of Egypt, Israel, Pakistan, Indonesia, and other 
allies around the globe. We have increased the funding, for example, 
rather significantly to the country of Jordan. Let's take that as an 
example.
  Here is a country right in the middle of the Middle East, which is a 
linchpin in the Middle East which represents stability, represents a 
forward-thinking Government, that cares for its people and wants its 
people to succeed but does not have the resources of many of those 
nations in the Middle East that have the good fortune to have oil or 
gas. Yet they take on responsibility that we would have to otherwise 
take on. They take on massive numbers of refugees from Iraq, which has 
strained significantly their infrastructure and their educational 
system and the culture.
  We have some obligation, I believe, to support a country which is 
willing to take these types of steps to assist its neighbors but also 
has duress to some degree because of our efforts in that region. So 
that is why I think increasing the funding for Jordan is very 
appropriate. I certainly hope we will be able to maintain that as we 
move through the entire process.
  There are no earmarks in this bill. We obviously have had quite a 
battle in this Congress over how many earmarks people should have, what 
types of earmarks people should have. This bill is pretty much earmark 
free. In fact, unless you consider funds going to a foreign government 
requested by the President as an earmark, there are virtually no 
earmarks in this bill, for which, again, I congratulate the chairman 
for that sort of leadership. As he said, he is complying with S. 1, 
which passed this body back in July. It has not been signed yet, but we 
presume it will be, or at least the language relative to how earmarks 
in appropriations bills are handled will certainly go into force. So I 
congratulate the chairman for pulling this bill together in that form.
  I wish to speak briefly, though, about one area which I am concerned 
about and which I find to be a bit of an affront--more than a bit--a 
real affront, and that is dollars which we are allocating to certain 
activities in this international arena which are being wasted, they are 
being fraudulently handled, they are being used for patronage or there 
is simple corruption, which is stealing. We have three examples of that 
which are rather severe. We are missing $8 billion, minimum--remember, 
the number, I suspect, is significantly higher--in Iraq in 
reconstruction. A lot of the reconstruction money which we are supposed 
to be spending in Iraq doesn't appear to be getting out into the field, 
the rubber doesn't seem to be hitting the road. The money seems to be 
somewhere; we are not sure where. We hear representations that it may 
be buying buildings in Switzerland rather than building buildings in 
Iraq, but we know, because the money is not moving out, that the 
dollars are not there and not doing what they are supposed to be doing.
  This concerns many of us on both sides of the aisle. The GAO has been 
giving us report after report. The special Inspector General has been 
giving us report after report highlighting this concern, which is that 
there is and appears to be significant corruption, and that corruption 
is misallocating funds--American tax dollars--in Iraq.
  In addition, another example of concern is the World Bank. The World 
Bank has just taken on a new leader, Secretary Zoellick, Ambassador 
Zoellick, who is one of the strongest individuals I have met in my 
experience in public life. I think he is one of the best public 
servants I have come across. He is totally committed to doing things 
the right way and has no problem making a decision and shaking a place 
up, that is for sure. I think he is going to be good for the World 
Bank. But he comes into a situation which has very big issues relative 
to the dollars that are being spent there. Reports are coming out that 
literally hundreds of millions--if not billions--of dollars are being 
siphoned off from these grants, that there is inadequate oversight, 
that there is a lack of transparency, that there is shoddy accounting, 
and that there is just plain theft going on of some of these dollars. 
We have examples of corruption which appear to be fairly significant in 
Kenya, in Guyana, in India, in Bolivia, and in various other regions. 
The biggest concern, independent of the loss of dollars and the dollars 
not being used to benefit these nations which need the assistance, is 
the fact that there seems to

[[Page 23774]]

be a real resistance within the structured bureaucracy of the World 
Bank to telling anybody what is going on, and there appears to be more 
of a commitment to hiding the facts than to disclosing the facts when 
it comes to corruption, mismanagement, poor accounting, and that is not 
right.
  These are American tax dollars. We are going to put $1.1 billion into 
the World Bank with this bill, and the American taxpayer, at least the 
people from New Hampshire and, I am sure, the people from Vermont, 
don't expect those dollars to be spent to line the pockets of some 
corrupt official in one of these nations. They expect them to be spent 
to assist the people in those nations who haven't been as fortunate as 
we have. The World Bank has to get its act cleaned up, and that begins 
with transparency.
  So in this bill we have put in significant language--I believe it is 
significant--which will essentially fence 20 percent of the 
appropriations until we hear from the World Bank that they have made 
public the available financial disclosure forms, that the bank has 
established a plan and a schedule for conducting regular independent 
audits, that the bank is adequately staffing and sufficiently funding 
the Department of Institutional Integrity, and that the bank has made 
publicly available the bulk of the panel report which we wish to see. 
We may add another thing to that. We want to make it unalterably clear 
that we are tired of the obfuscation that is coming out of the World 
Bank and that the World Bank makes public the Department of 
Institutional Integrity November 23 report relative to the India issue, 
which has received a fair amount of attention recently.
  So we are fencing these funds. They are not going to get this money 
until we get some accounting rules that work over there. I think with 
Secretary Zoellick now in charge, he will be equally aggressive in 
making sure that this sort of action occurs.
  In addition, of course, there is the United Nations. I have always 
supported funding the United Nations. I strongly support the United 
Nations as an institution, as a concept, and as a key player in world 
events in order to try to give the world a place where it can come 
together and resolve disputes, especially.
  But once again, we have a track record of mismanagement and shoddy 
accounting, and sometimes no accounting, and patronage and misuse of 
tax dollars that are rather staggering. Article after article has been 
reported in this area. It is--the U.S. taxpayer picks up about a 
quarter of the cost of the United Nations--a disproportionate amount 
quite honestly, in my opinion--but we do it because we believe in that 
institution. But it is very hard to tell an American taxpayer that the 
dollars they are sending to the United Nations, if it goes into certain 
accounts is going to disappear, or it is going to be used to give a job 
to somebody's cousin who is coming in from some country where they 
couldn't get him a job.
  So again, I say this is an issue we are going to focus on in order to 
try to get some fair and honest accounting, transparency, and a system 
that uses at least American tax dollars efficiently to benefit the 
world rather than uses them to benefit individuals who happen to be in 
high places or have found themselves in positions to take advantage of 
the situation.
  So those are issues I think are critical. The corruption issue is 
very high, at least on my agenda, as to how we handle these dollars. 
But that doesn't undercut the basic need here, which is to have a 
strong and vibrant commitment to foreign aid assistance and to 
international assistance which addresses priorities that we have as a 
nation in dealing with other countries and also addresses the needs of 
other people around this globe where we see we can make a difference, 
such as in the AIDS area.
  Again I congratulate the chairman who has done a good job on this 
bill, his staff has done a good job on this bill, our staff has done a 
good job on this bill, and I hope we can pass it promptly.
  There are a number of amendments from our side. I have been made 
aware of a number of amendments, and we are ready to start the 
amendment process, and whenever people want to start offering 
amendments--I see the Senator from Florida is here and I know he has 
two very good amendments that I will certainly be supportive of, I 
suspect, and I will be happy to proceed if he wants to offer them, and 
I will be happy to hear them. I presume there will be no votes until 
about 2:30.
  Madam President, I make a point of order that a quorum is not 
present.
  Madam President, I would like to reserve that request and I ask 
unanimous consent that the committee amendment be agreed to, that the 
bill as thus amended be considered as original text for the purpose of 
further amendment, and that no points of order be waived by virtue of 
this agreement.
  The PRESIDING OFFICER (Mrs. McCaskill). Without objection, it is so 
ordered.
  The Committee amendment in the nature of a substitute was agreed to.
  Mr. GREGG. I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. MARTINEZ. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MARTINEZ. Are we not in a posture where amendments would be 
appropriate?
  The PRESIDING OFFICER. The Senator is correct.


                           Amendment No. 2694

  Mr. MARTINEZ. I wish to offer an amendment to H.R. 2764 and send it 
to the desk.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Florida Mr. [Martinez] proposes an 
     amendment numbered 2694.

  The amendment is as follows:

                (Purpose: To promote democracy in Cuba)

       On page 410, between lines 15 and 16, insert the following:


                   CUBA DEMOCRACY ASSISTANCE PROGRAM

       Sec. 699B.  (a) The amount appropriated or otherwise made 
     available by title III under the subheading ``economic 
     support fund'' under the heading ``Other Bilateral Economic 
     Assistance'' is hereby increased by $30,700,000 and such 
     amount shall be available for the Cuba democracy assistance 
     program to assist the pro-democracy movement in Cuba and 
     shall be in addition to any other amounts appropriated or 
     made available for such purposes.
       (b) The amount appropriated or otherwise made available by 
     title I for the Department of State and Related Agency under 
     the subheading ``diplomatic and consular programs'' under the 
     heading ``Administration of Foreign Affairs'' for expenses of 
     general administration is hereby decreased by $30,700,000.

  Mr. MARTINEZ. This amendment essentially restores $30.7 million for 
the Cuba Democracy Assistance Program by offsetting it from the 
Department of State's $3.8 billion in the general administrative 
budget. In conjunction with the committee's recommendation, $15 million 
funding for the Cuban Democracy Assistance, this amendment would now 
equal the administration's request. These funds are used to provide 
needed humanitarian assistance to Cuban civil society and pro-democracy 
movement.
  Let me say that Cuba at the current time is living through a 
transitional moment, an historic moment. After the dictatorship of 
Fidel Castro of almost half a century, it appears that he no longer is 
in a position to govern. His brother Raul Castro has assumed power in 
Cuba in a way frankly that belies legitimacy or anything close to 
Democratic rule. It is my hope, it is the hope of those of us who 
support this amendment, that by restoring these funds to the amounts 
necessary, we will be able to help the Cuban people create the 
conditions within the country similar to those that were created in 
Eastern Europe through our assistance to the forces of democracy and 
freedom. We now see the flourish in democracies of Eastern Europe and 
we relish the opportunity that they have brought to those people. We 
want to see the same take place in Cuba.
  A few days ago, I had the unusual opportunity and privilege to talk 
on a

[[Page 23775]]

teleconference with members of the Civil Society--the opposition in 
Cuba--who hope and dream of a day when they will have the opportunity 
to freely speak, where human rights will be observed, and where they 
will have the opportunity to elect their own leaders. These folks 
pleaded with us to please assist them, not with high tech, if that 
would come, but with even the simple things such as pencils, paper, 
ballpoint pens, so that they can communicate with each other and so 
they can create the atmosphere and the condition of a civil society 
that would permit the flourishing of a democracy in Cuba at this 
critical time and at this juncture.
  I think it would be a good idea to not reduce the funding that is 
going to the civil society and democracy movement in Cuba. It is 
humanitarian assistance. It is civil society assistance. This isn't 
military. This is about creating peaceful conditions of change and by 
allowing the Cuban people those opportunities that they otherwise would 
not have through the current totalitarian system that currently rules 
in Cuba.
  I could talk on and on about this, but I hope that with this bill we 
would restore the funding to the administration recommended levels, 
which are not in keeping even with what was done for Eastern Europe, 
which are essential and which will make a big difference to the people 
of Cuba.


                           Amendment No. 2695

  Madam President, I have another amendment I wish to offer at this 
time.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside.
  The clerk will report.
  The bill clerk read as follows:

       The Senator from Florida [Mr. Martinez] proposes an 
     amendment numbered 2695.

  Mr. MARTINEZ. Madam President, I ask unanimous consent that the 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To increase the funding for broadcasts to Cuba and to provide 
                               an offset)

       On page 410, between lines 15 and 16, insert the following:


             INTERNATIONAL BROADCASTING OPERATIONS TO CUBA

       Sec. 699B.  (a) The amount appropriated or otherwise made 
     available by title I under the subheading ``international 
     broadcasting operations'' under the heading ``Broadcasting 
     Board of Governors'' is hereby increased by $5,019,000 and 
     such amount shall be available for the international 
     broadcasting operations to Cuba and is in addition to any 
     other amounts available for broadcasting operations to Cuba 
     under title I.
       (b) The amount appropriated or otherwise made available by 
     title I for the Department of State and Related Agency under 
     the subheading ``diplomatic and consular programs'' under the 
     heading ``Administration of Foreign Affairs'' for expenses of 
     general administration is hereby decreased by $5,019,000.

  Mr. MARTINEZ. Madam President, this amendment again deals with the 
budding hopes of democracy in Cuba and it deals with Radio and TV 
Marti. Radio and TV Marti for years has been the source of information 
and the source of hope, much like Radio Free Europe was for the 
enslaved people of Europe.
  The people of Cuba today have no opportunity for anything close to a 
free press. All they get handed daily are the diatribes of the 
Communist regime as they control every source of media available to the 
Cuban people. This amendment would restore funding to Radio and TV 
Marti by increasing the funding by $5 million to allow the continuation 
of this very important tool of democracy, which is information to the 
Cuban people.
  Again, I would point out this is a critical time in the history of 
this country. We are only 90 miles from the shores of Cuba. What 
happens in Cuba is important to the United States. It is important to 
our national security. At a time when we fear the potential for mass 
migration, at a time when we see the opportunity perhaps for political 
change, this would be the wrong time to cut back and to diminish our 
commitment to the voice of democracy, the voice of freedom, and, 
frankly, simply to the voice of unfettered information.
  If there was a condition in Cuba that created unrest or a 
governmental change, our defense forces, the Department of Homeland 
Security is greatly concerned that there would be a mass migration. It 
has happened in the past. Radio and TV Marti would be the tools that 
people such as myself, speaking in Spanish to the Cuban people, could 
use to urge them not to go to the high seas, not to seek to migrate but 
simply remain calm in Cuba. That is why TV and Radio Marti, at this 
critical juncture, ought not to be cut in funding. The amendment 
doesn't restore it to current funding; it increases it by $5 million, 
which I think would be a great step in the right direction.
  I ask unanimous consent that the current amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. GREGG. Will the Senator yield for a question?
  Mr. MARTINEZ. Yes.
  Mr. GREGG. I understand all of the Senator's amendments are paid for, 
is that correct?
  Mr. MARTINEZ. That is correct. And the Senator is correct that there 
were going to be two amendments--it is actually four, dealing with two 
subjects, two in Cuba and two in Colombia. They are the same 
fundamental issues and they are offset within the State Department 
budget.


                           Amendment No. 2696

  Mr. MARTINEZ. Madam President, I call up the next amendment.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Florida (Mr. Martinez) proposes an 
     amendment numbered 2696.

  Mr. MARTINEZ. I ask unanimous consent that reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To modify the conditions on the availability of funds for the 
 aerial eradication of coca in Colombia to address circumstances where 
    manual eradication is too impractical or risky and to limit the 
  requirement to implement programs to provide alternative sources of 
   income to areas where conditions exist for successful alternative 
                              development)

       Beginning on page 266, line 13, strike ``manual 
     eradication'' and all that follows through ``municipalities 
     where security permits'' on page 267, line 12, and insert the 
     following: ``manual eradication in such areas is not 
     practical or poses an unacceptable risk to government 
     security forces, as determined based on consultations with 
     appropriate authorities of the Government of Colombia: 
     Provided, That not more than 20 percent of such funds may be 
     made available unless the Secretary of State certifies to the 
     Committees on Appropriations that: (1) the herbicide is being 
     used in accordance with EPA label requirements for comparable 
     use in the United States and with Colombian laws; and (2) the 
     herbicide, in the manner it is being used, does not pose 
     unreasonable risks or adverse effects to humans or the 
     environment including endemic species: Provided further, That 
     such funds may not be made available unless the Secretary of 
     State certifies to the Committees on Appropriations that 
     complaints of harm to health or licit crops caused by such 
     aerial eradication are thoroughly evaluated and fair 
     compensation is being paid in a timely manner for meritorious 
     claims, and the Secretary submits a report to the Committees 
     on Appropriations detailing all claims, evaluations, and 
     compensation paid during the twelve month period prior to the 
     date of enactment of this Act: Provided further, That such 
     funds may not be made available for such purposes unless 
     programs are being implemented by the United States Agency 
     for International Development, the Government of Colombia, or 
     other organizations, in consultation and coordination with 
     local communities, to provide alternative sources of income 
     in areas where conditions exist for successful alternative 
     development and security permits''.

  Mr. MARTINEZ. Madam President, this amendment deals with the 
situation in Colombia. This was a congressional effort started in the 
Clinton administration, which has been a dramatic help--and it has been 
continued by the Bush administration--to the people of Colombia as they 
fight the narcotraffickers who essentially took over that country for 
more than a decade.
  The number of deaths and the destruction due to the drug trafficking 
out of Colombia that has occurred on our streets and in our 
neighborhoods and schools has been known for decades now. Under the 
presidency of President Uribe, whom the Colombian people

[[Page 23776]]

elected in an unprecedented fashion a year ago, the Colombian 
Government, in partnership with us in Plan Colombia, has made a 
turnaround in that country relating to drug interdiction and 
eradication, and in the fight against these narcoterrorists who have 
threatened life in Colombia as we know it. Today, life there is 
returning to normal. Business and trade are increasing dramatically. 
They are becoming the kind of neighbor we want and need. There is no 
closer ally in Latin America than Colombia today. Their successes have 
been undeniable.
  My amendment seeks to change language in the current Foreign 
Relations appropriations bill that would dictate that air eradication 
not take place. We seek to restore language that would allow for air 
eradication of drugs to take place when it is reasonable to do so, and 
when to do otherwise would endanger the Colombian security forces. 
Rather than hamstring and tie down the Colombian forces and eliminate 
eradication, we are changing the language to permit it where necessary, 
when to do otherwise would endanger the life of Colombians.
  Drug eradication is vitally important. To allow the current language 
in the bill would diminish these important efforts so that we can 
eradicate drugs in the Colombian fields and not have to deal with them 
in our neighborhoods.
  At this time, I ask unanimous consent that this amendment be set 
aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 2697

  Mr. MARTINEZ. I call up amendment No. 2697.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Florida (Mr. Martinez) proposes an 
     amendment numbered 2697.

  The amendment is as follows:

    (Purpose: To increase by $30,000,000 the amount appropriated or 
  otherwise made available for ``Andean Programs'' and available for 
   aerial eradication of coca in Colombia, and to provide an offset)

       On page 410, between lines 15 and 16, insert the following:


                 AERIAL ERADICATION OF COCA IN COLOMBIA

       Sec. 699B.  (a) The amount appropriated or otherwise made 
     available by title III under the heading ``andean programs'' 
     for the Department of State and available for aerial 
     eradication of coca in Colombia is hereby increased by 
     $30,000,000.
       (b) The amount appropriated or otherwise made available by 
     title I for the Department of State under the heading 
     ``diplomatic and consular programs'' and available for 
     expenses of general administration is hereby reduced by 
     $30,000,000.

  Mr. MARTINEZ. Madam President, this amendment restores $30 million of 
the amount requested by the administration to continue a drug 
eradication program. It doesn't go as high as the administration 
requested, but it is higher than what came out of committee. It is 
vitally important to continue our commitment to drug eradication in 
Colombia not only by air but with other means as well. This would 
permit the continuation of this very important program, which we think 
is vital to our hemisphere's security and to our drug eradication and 
interdiction efforts to keep our streets safe in America. It is also a 
very important component of Plan Columbia, this partnership where we 
have enjoyed such a positive and fruitful relationship during the 
presidency of President Uribe.
  Mr. GREGG. Madam President, first, I thank the Senator from Florida 
for his cooperation with the committee and for bringing these 
amendments forward so promptly so we can address these important issues 
he raised.
  The Senator from Florida obviously is the leading expert in this 
Congress on the issue of Cuba for a variety of reasons, not the least 
of which is that he was a refugee from Cuba. His success story is an 
American success story since his arrival in the United States. I am 
sure the Cuban people take great pride in seeing him in the Senate as a 
person who came to this country with nothing. We admire him for that 
fact. He has maintained, obviously, close ties to the issue of Cuba and 
how we can best address it. His suggestions here are that we bring the 
funding levels for supporting initiatives relative to democracy in Cuba 
up by $10 million and supporting Radio Marti so it is fully funded by 
adding $5 million. Those are reasonable suggestions that I support. I 
hope we can move them forward.
  The Senator is also the leading expert in Congress on the issue of 
South America and how we deal with that. South America--the issues of 
Colombia, Venezuela, Peru, Ecuador, and Bolivia--is a very important 
issue to us as a nation. This region of the world is very close to us. 
What happens there has a direct and immediate impact on us both in 
terms of people leaving those countries and illegally coming to the 
United States and in terms of drugs being exported to the United 
States.
  In the case of Venezuela, they have a government that has a clear 
antipathy toward the United States and is trying to undermine American 
interests throughout the world, but especially in South America.
  As the Senator pointed out, the government has had incredible 
successes in Colombia, which was a basket case when it was controlled 
by the mob--the FARC, as it is known--for a number of years. It was the 
center of and remains, regrettably, a high-profile producer of cocaine, 
which ends up in the United States. Now they have a government that is 
freely elected and which is making significant strides toward 
establishing a functioning nondrug-based culture and economy in that 
country. We need to support this government. We need to support 
President Uribe as he moves forward.
  I honestly haven't understood what seems to be an antipathy from the 
intelligentsia in the United States, especially the Northeast 
intelligentsia, toward President Uribe and his government. It has a lot 
of overtones, in my opinion, to what happened in Haiti, where the 
intelligentsia of the Northeast decided that Mr. Aristide was the 
perfect person for that nation, and it turned out he was a horrific 
event for that nation, as he backtracked and continues to backtrack. 
Why there should be antagonism toward a government that has been freely 
elected with overwhelming majorities, and which is moving aggressively 
toward trying to control the criminals who export cocaine to this 
country, is hard to fathom. But that exists and I think it is 
unfortunate.
  But I do think we, as a government, should recognize that the 
Government of Colombia, and specifically President Uribe's government, 
has made some very significant strides toward trying to get control 
over the cocaine production and the FARC elements. They have done it at 
not only a risk to their Government but at tremendous personal risk. 
These folks are targeted for assassination by these criminal groups. 
They have shown tremendous courage in moving forward and moving their 
nation forward. We should be supporting that courage. We hear from our 
own people--not from the Colombians but those who are fighting drugs in 
this country, including General Walters, who believes firmly that he 
needs the additional money being proposed here by the Senator from 
Florida in order to adequately fund the effort with primarily 
hardware--helicopters specifically--in Colombia in order to continue 
the successes we have begun to see under Plan Colombia.
  I support the Senator's initiative, and I hope we can support these 
amendments as we move forward. We are not going to have any votes until 
probably later in the afternoon, but it is good to start with these 
amendments. I congratulate the Senator from Florida for bringing them 
forward.
  Mr. MARTINEZ. I thank the Senator for his kind comments and for 
allowing me to move forward with these amendments. I appreciate his 
sentiment about the Colombian situation. There is no question that they 
are an ally and friend. One of the things I think is often not talked 
about, but is very important, is what President Uribe has done. He has 
had an amnesty program where people would lay down their arms and 
simply have to atone for what they have done; they may get a jail 
sentence, but they can then reincorporate themselves into that society. 
They would have a job training program, have a way of getting out of

[[Page 23777]]

the armed forces, which they did legally or illegally, including the 
paramilitary, or whatever. So if the rebel groups that supported the 
FARC lay down their arms and come back into society, that helps heal 
that country and bring it together.
  We have a great opportunity here to see Plan Columbia in its next 
phase not only continue with eradication and interdiction and fighting 
the guerrillas, but also with the reestablishment of economic 
opportunities, so we can also try to improve the lives of the Colombian 
people.
  On the Cuban amendments, I also appreciate his support very much. It 
means a great deal to me personally. I assure you that, at a moment 
when we are at the cusp of a democracy there, this is precisely the 
time in which to encourage the forces of change, forces of democracy, 
and provide them with the meager tools they need to communicate with 
each other. I think the fruits from that can be manifold.
  I thank the Senator. I yield the floor and I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.


                                  IRAQ

  Mr. SCHUMER. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Salazar). Without objection, it is so 
ordered.
  Mr. SCHUMER. Mr. President, I ask unanimous consent to speak as in 
morning business for 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Schumer are printed in today's record under 
``Morning Business.'')
  Mr. SCHUMER. Mr. President, I yield the floor, and I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. BOND. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Missouri.
  Mr. BOND. Mr. President, I rise today to speak on behalf of the 
Foreign Operations bill, and I thank the managers of the bill for 
putting forward an excellent measure.
  I have a couple of areas I wish to speak about at some length, but 
let me give the framework in which I will talk about it. I come to the 
floor a lot--I spoke this morning about military action, but I come to 
the floor to talk about intelligence. We are, at least in my thesis, in 
a worldwide war against those who have declared us to be their enemy. 
It is an ideological war. I think, by any stretch of the imagination, 
most people realize that a war against this kind of enemy is only 20 
percent kinetic, it is 80 percent economic/educational.
  What we are doing in this bill some people object to--spending money 
on foreign operations--because they think, oh, it is do-gooderism; it 
is trying to make us feel good, helping people in the world. Well, 
clearly we are carrying out an important mission to help less developed 
countries throughout the world. That is certainly one of the areas 
where America's generosity has always shown through. Our private 
charities are even more robust than what we do through government.
  I continue to hear people back home saying: If we just cut out 
foreign aid, we could do this and we could do that. But foreign aid is 
minuscule. I, frankly, think it ought to be more. If we are going to 
turn the tide against those who are committed to radical views, to 
misusing and misinterpreting their religion to declare war on us, we 
have to deal with them not only kinetically when they pick up arms or 
when they threaten to bomb us, but we have to help create the 
conditions in those countries where people are not driven to earn a 
small amount of money for planting a roadside bomb or an IED or even 
get a little more for their family by committing suicide in a terrorist 
attack.
  There are some things we can do through this bill that I think are 
very important to connect with those countries which view us with 
suspicion. We can help change the attitude--not of everybody; not of 
the committed mufsidoon. Those are people who, in the name of Islam, 
kill innocents, men and women, fellow Muslims. They are too often 
called jihadists. They are not for jihad. Jihad is a legitimate self-
fulfillment and improvement by Muslims. They commit hirabah, which is 
the terrible form of violence these Muslims commit. We need to show 
people in the countries from which they come that America can be a 
force for good.
  There are a couple of things that are very important. No. 1 is 
establishing and improving educational exchanges. No. 2 is economic 
assistance to help them build their economy. I will talk about that 
later. No. 3 is getting Americans on the ground.
  I have traveled to a lot of countries, and I have spent a lot of time 
in Southeast Asia. They keep telling me that the best emissaries the 
United States has are Peace Corps members, the Peace Corps members who 
have been here, and those in other volunteer organizations--if they 
come with a church, if they come with a charity or a nongovernmental 
organization, if they come with the volunteers in the financial 
services program. When Americans come, even as tourists, they can make 
a difference.
  I wish to talk just a minute about the Peace Corps. The Peace Corps, 
as I said, is one of the important weapons we have, not only to help 
them understand us but to help us understand them. At no other time in 
this Nation's history has the work of the Peace Corps and its 
volunteers been more vital or valued. Peace Corps volunteers are the 
good face of America in the developing world. They provide practical, 
hands-on experience while spreading compassion and good will, which is 
vital in winning the hearts and minds of people all over the world. The 
United States is no longer the only game in town, and we can no longer 
take for granted that countries will line up to want to support the 
United States.
  China, for example, with over 1 trillion U.S. dollars, is 
aggressively engaging in courting countries all over the world on 
economic, diplomatic, and cultural fronts, frankly shutting us out, 
moving us out of the game by establishing what the Chinese call their 
Confucius Institutes, thus promoting their language and culture through 
internationally affiliated institutes. The Chinese Ministry of 
Education estimates that by the year 2010 there will be approximately 
100 million people worldwide learning Chinese as a foreign language. 
And it plans to set up 100 more. They will be learning Chinese, not 
English.
  I ask, why are we reducing and not increasing our efforts to promote 
American values, our culture, our way of life? As I said, to fight the 
war on terror, our efforts are 20 percent kinetic, 80 percent public 
diplomacy--international exchanges, education, aid, and community 
development. In other words, I believe that putting more sandals on the 
ground will prevent having to put boots on the ground in the future to 
fight militarily what we could have won economically with education and 
diplomacy beforehand.
  Only about 20 percent of Peace Corps volunteers are serving in 
predominantly Muslim countries. There are far too few. In key areas, 
there are just not enough. Why? We just do not have the money. The 
money stayed stable, and costs have gone up. We have been declining in 
Peace Corps participation. Why is it important to have them in Muslim 
countries? Because they provide alternatives to the Wahabist view of 
life, financed too often by our Saudi Arabian friends. They are too 
often promoting the Salafists' radical agenda--barbaric ideologies, 
trying to reach impressionable Muslims.
  Numerous accomplishments have been achieved over the past 6 years by 
our American volunteers, and the Peace Corps is poised to meet not only 
the growing demands from interested countries but from thousands of 
Americans who want to serve as well. I believe the Peace Corps should 
obtain its full request in 2008 in order to expand

[[Page 23778]]

opportunities to enter these countries, vitally important countries in 
Southeast Asia and elsewhere, and I hope we will get a more robust 
request from the administration next year. It should not be hindered in 
expanding the number of volunteers in countries where the Peace Corps 
already exists and is advancing American ideals and building good will. 
Budget tightening has already occurred at many posts, and program 
closures are likely without additional funds.
  Many of our diplomats and host country officials say that the Peace 
Corps is the most effective and cost-efficient U.S. agency in getting a 
better view of America.
  I look forward to working with my colleagues in the conference 
committee. I hope we will be able to restore the President's full 
request for the Peace Corps. It is an investment in an effort vitally 
important to improving the lives of those in the developing world.
  I also wish to talk about another initiative. I have been on the 
floor talking about it a long time; that is, effective grass roots 
development for agriculture in Afghanistan. Agriculture is the main 
building block of the Afghan economy, but it has suffered from 
disinvestment and neglect. Over 70 percent of Afghans live in rural 
areas and derive their income from agriculture. Yet the public and 
private support infrastructure for agriculture is yet to be rebuilt.
  I talked to some Missouri farmers--I will discuss it more later--who 
were over there with our National Guard. They tell us that they believe 
the Afghans could move a tremendous leap forward if we got them 19th 
century, not 21st century, not 20th century, but 19th century tools and 
equipment because they are that far behind.
  I thank the managers of the bill. They have used in this bill $20 
million for USAID to set up and develop a nationwide agriculture 
extension system. It would establish and execute a strategy through a 
consortium of U.S. land grant universities, integrating the program 
into Afghanistan institutions, guided by local councils, comprising 
community, private sector, and government education leaders. Our U.S. 
education extension service transformed American agriculture over the 
last hundred years, and it can do a lot to improve the livelihood of 
the people in Afghanistan and counter the other influences, such as the 
cultivation of poppies for the drug trade.
  Unfortunately, we have given money to USAID in the past, and it has 
been largely ineffective. USAID has refused to set up an extension 
system in Afghanistan. They continue to rely on large, DC-based 
contractors who apparently have had no impact. They lack that expertise 
and capacity-building know-how and expertise which will create 
sustainable development.
  Over 5 years and hundreds of millions of dollars later, after USAID 
has been spinning its wheels, Afghanistan now accounts for 92 percent 
of the world's opium supply. I recognize USAID and the Department of 
State are large bureaucracies that cannot operate as effectively as the 
military can in places such as Iraq and Afghanistan. However, the 
community development efforts they are tasked with are paramount to 
establish a strong economy that will allow the Afghan farmers and the 
Afghan people an alternative to opium production. When I was in Iraq, 
for example, I observed our warfighters taking action and picking up 
the mantle where State and USAID's hands were tied.
  In Ramadi, we saw the marines, after they had pacified Ramadi, went 
in and rebuilt the Blue Mosque, the absolutely central Sunni mosque for 
that entire region. There was a tremendous amount of goodwill created, 
showing them we supported their religion.
  In Afghanistan, a member of my staff, a month ago, returned from 
Nangarhar Province with members of the Missouri National Guard. As a 
result of my working with the Guard and what we saw on the ground and 
the fact that the President, Hamid Karzai, had asked for extension 
service assistance but USAID was not able to produce it, I asked the 
National Guard to send an agricultural development team over to see 
what could be done. They came back with a very promising response.
  The team and subsequent others we hope will be established by the 
Department of Defense through the National Guard will be composed of 
citizen soldiers who come, in their civilian lives, from farming, 
agribusiness, and construction trades. Each AG team will have extension 
service experts--whether it is in soil or meat technology or other 
things that have been identified as pressing needs. They are going to 
focus on more efficient use of irrigation, crop rotation, cold storage, 
harvesting, processing, and agribusiness. They will not just be giving 
farmers seeds, they will be building real, long-term relationships and 
capacity-building that will sustain agriculture in Afghanistan, to 
bring it into the 19th and even into the 20th century. They will be 
doing so in a place where building trust with the populace is 
paramount.
  From my time as Governor, I have always been impressed with not only 
the capacity and the ability and dedication of our National Guard 
throughout the United States but their flexibility. The National Guard 
structure, capabilities, and the skill-set of the citizen soldiers in 
the Army are uniquely positioned to execute a position that many others 
are incapable of fully executing. I hope the USAID and State Department 
will follow the lead of its Department of Defense cohorts in Iraq and 
Afghanistan. As I said, 80 percent of the war on terror is nonkinetic--
agricultural development, education exchanges, Peace Corps volunteers, 
and public diplomacy. If USAID continues to rely on giving large chunks 
of money to cumbersome contractors in its foreign aid, it will fail, 
and I will see if I can convince my colleagues to choose another route.
  Efforts in Afghanistan, like the land grant extension initiative and 
the agricultural development teams, are models for how we should be 
conducting the nonkinetic war we must fight against those who vowed 
continuing war against us and the way of life we espouse.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey.
  Mr. MENENDEZ. Mr. President, I rise to speak to one of the amendments 
pending before the Senate on Cuba democracy. But before I speak to that 
specific amendment, I wish to start off by thanking Chairman Leahy for 
all of his hard work on the Foreign Operations appropriations bill. His 
leadership on crucial issues around the world is critical. I also 
appreciate his support for human rights around the world--Latin America 
and other places--as well as his willingness to work with me and my 
staff. So we appreciate his leadership on what I believe is overall an 
exceptional bill that has been brought to the Senate for its 
consideration.


                           Amendment No. 2694

  I didn't know my colleague from Florida, Senator Martinez, was going 
to come to the floor earlier. I would have joined him at the time. But 
I certainly wish to join him in promoting this amendment and Cuban 
democracy. This amendment is simple and for a simple but powerful 
purpose: to support democracy inside of Cuba. I believe that no matter 
where we as Members of the Senate stand on the issue of U.S. policy 
toward Cuba--and I recognize there are diverging views--every Member of 
this body, however, I suspect, supports achieving democracy in Cuba and 
therefore should support this particular amendment.
  Right now, we are at a critical time for democracy in Cuba. Some 
would ask: Why now? Why should we increase the funding for Cuban 
democracy right now in this legislation?
  I would answer: Right now, we face a moment of hope for the Cuban 
people. Right now, we face a moment of hope for the Cuban people who 
have suffered under the only dictatorship in the entire hemisphere--a 
dictatorship of 48 years. Dictatorships, whether they be from the left 
or the right, are nonetheless dictatorships. They are an oppression of 
people, and we should be against such oppression.
  Sometimes I hear from some the romanticism of who Fidel Castro is.

[[Page 23779]]

  They forget that he is, above all, a dictator and that he oppresses 
his people on a daily basis. And even at the height of what was the 
former Soviet Union giving billions of dollars in assistance to the 
Castro regime, what did he do? He still rationed, Cuban families having 
to wait in long lines, as they do today, because of a regime that seeks 
to put its money in security forces, to oppress its people, instead of 
feeding its own people.
  We should be against such repression. Right now we are faced with a 
moment of hope for the Cuban people with Castro ailing. Right now we 
face a potential tipping point for the Cuban opposition leaders and 
dissidents who risk their lives and well-being and their security and 
their freedom every day to speak out for democracy.
  Right now we have to seize this moment of hope and increase our 
support for democracy inside of Cuba. Now, as we look at the history of 
democratic movements around the world, we have learned it is at such 
moments that internal democratic movements need external support.
  Look at similar moments in Eastern Europe. Look at Poland's 
Solidarity movement; look at the former Czechoslovakia's Charter 77 
movement in 1989. In each case, these internal moments were also 
supported from the outside. We must remember our responsibility when we 
hear those who formerly languished under Communist rule, when we hear 
people such as the famous Polish human rights activist and former 
President of Poland Lech Walesa say:

       The United States led the free world defending values of 
     democracy and humanism. Your determination and your 
     civilization bloomed with the hope of Poles.

  That is why it is critical that we increase our funds to support 
democracy in Cuba right now. A few weeks ago I participated in a video 
conference at the State Department with Cuban human rights activists, 
political dissidents, independent journalists, who took great risk to 
travel to the U.S. Interest Section in Havana from different parts of 
Cuba to speak to a group of Members of Congress, of which I was one.
  We heard one clear message: that they are facing increased pressure. 
Think about it. Already under a totalitarian dictatorship, even under 
that oppression they are facing increased pressure from the regime, and 
U.S. funds are critical to their ability to continue speaking out 
against repression.
  I would add that dissidents and opposition leaders were united. There 
was well over a dozen of them in this video conference at the U.S. 
Interest Section, and they were united on this point, even though they 
are sometimes divided on other issues. On this point of receiving 
assistance in order to nurture the opportunity for civil society and 
the opportunity for change to take place, they were united.
  In fact, I received a letter from these same leaders which said their 
needs were, among others:

       Medicine to keep a political prisoner or dissident from 
     dying to food, water filters, medical equipment, clothing, 
     shoes, coats, toys for the children of political prisoners 
     who suffer doubly the loss of a loved one who is in prison 
     and social repression on the streets and in schools, 
     essential vitamins, office supplies and the tools of 
     democracy (computers, printers, phones, fax machines).

  Because in a closed society in which only the dictatorship owns the 
airwaves, whether it be that of radio, or that of television, or the 
state newspaper, when you cannot express your God-given right as an 
individual to have a different view and to speak out, and you have no 
form of expressing that view to those of your fellow countrymen, to 
have them seek to move in a different direction, what we do by 
providing computers and printers and phones and fax machines is the 
very essence of what we take for granted here at home but for them are 
the very seeds, the tools they need to promote democracy.
  This letter was signed by a diverse group of Cuban dissidents, 
including Julio Cecilia Delgado Gonzalez, Juan Gonzalez Febles, Laura 
Pollan Toledo, Gidal Delgado Sablon, Candido J. Hidalgo-Gato, Vladimiro 
Roca Antunez, Guillermo Farinas Hernandez, Hector Palacio Ruiz, and 
Elizardo Sanchez Santa Cruz.
  This is a very diverse group of human rights activists, political 
dissidents, independent journalists. They do not all agree, just as 
sometimes we do not all agree here, but they all seek to have democracy 
and human rights. They may have come at it in different ways, but they 
all agree that they need help from the United States and from others 
throughout the world in order to achieve this.
  This is why this amendment, increasing funding in the bill to $45.7 
million, is important. This is the same level of funding the President 
requested, the same level of funding that was included in the House 
version of this bill that was passed by a strong bipartisan vote.
  Let me be clear. We are asking for an increase in these funds. We are 
asking for an increase in these funds because this is exactly the 
moment to increase funds for Cuban democracy. We do provide an offset 
for these funds, so we are not increasing the overall total of the 
bill. The offset is exactly what was included in the House-passed 
version of this bill. It is from the largest pot of money in the entire 
bill, for general expenses, for general administration.
  I wish also to remind my friends that these programs I am talking 
about for democracy inside of Cuba--health, helping the human rights 
activists, political dissidents, journalists and activists--are carried 
out by organizations well known to my Senate colleagues: the National 
Endowment for Democracy, Freedom House, Pan American Development 
Foundation.
  Our Cuba Democracy Program also works with well-known international 
organizations such as France's Reporters Without Borders, the 
Netherlands' Pax Christi, and the Czechs' People in Need Foundation.
  I think we would all support the type of work the Cuba Democracy 
programs carry out. U.S. funds support helping victims of repression. 
U.S. funds support advocating for human rights, including helping the 
wives of political prisoners advocate for their release from prison and 
defending their rights in jail.
  U.S. funds support pro-democracy activists, grantees of training 
Cuban dissidents on information technology, leadership, civil society 
activities, facilitating coordination among activists, and making small 
institutional developmental grants to strengthen the organizational 
capacity of democracy groups.
  U.S. funds give Cubans a voice and help disseminate activists' 
writing and provide Internet coverage by independent Cuban journalists. 
The work they do is powerful and meaningful. Between 2004 and 2005, 
there was a 54 percent increase in civil resistance actions within 
Cuba, 89 percent of which occurred outside of Havana in Cuba's 
provinces.
  A 2005 study by the Cuban Democratic Directorate found that actions 
of civil resistance have increased from 444 in the year 2000 to 3,322 
in the year 2005. It is a positive trend of those who seek to create 
civil society and peaceful change inside of their country, toward that 
which we promote around the world, human rights, democracy. Ignoring 
this opportunity would only undermine this historic undertaking.
  In conclusion, I believe this is a vote that should unite all of us 
wherever we stand on general U.S. policy toward Cuba. Let me remind my 
friends, this is not a vote on the embargo, this is not a vote on basic 
U.S. policies toward Cuba; we may have that discussion on some other 
day. By voting for this amendment, you are voting to support those in 
Cuba who continue to go out in the street every day, to ask for 
peaceful democratic change, who risk their lives, who risk their 
liberty. That is not an overdramatization of the reality of the 
challenge those who seek to create change in the country of Cuba face.
  I represent many in New Jersey who have languished in Castro's jails 
for 10, 20, even 30 years. What was their crime? What was their crime 
that they had languished for 10, 20, or 30 years in Castro's jails? 
Simply to suggest, simply to suggest, that there was a better way for 
the Cuban people simply to speak out for those freedoms we enjoy

[[Page 23780]]

here in this country, simply to be able to have the opportunity to 
worship at the altar that we choose, simply to be able to elect those 
who represent us in our Government as we are privileged to serve here, 
simply to be able to come together and organize and demonstrate a 
different view than that which the Government might have at any given 
time, simply to speak your mind without the fear that the consequences 
of doing so will have you languishing 10, 20, or 30 years in Castro's 
gulags.
  Anyone who doubts that is welcome to come to my home State of New 
Jersey, I am sure to the home State of my colleague from Florida, and 
others in the country who can visit with these human living examples of 
that oppression, and in many cases of the torture that they receive 
under the hand of this dictatorship.
  By voting for this amendment, you are voting to support those in Cuba 
who are seeking and trying to create peaceful democratic change. By 
voting for this amendment you are voting to provide food and clothing 
to support political prisoners in Castro's jails who have been 
imprisoned for doing nothing more than reading the Universal 
Declaration of Human Rights or other democratic documents.
  I wrote, when I was in the House, what is still the law of the land, 
title II of the Helms-Burton legislation, which is the document of that 
law which talks about how the United States stands ready to assist a 
future government pledged to democracy and transition, and then a 
future democratic government. We put in, under President Clinton, the 
first plan that described the proactive nature, the first time we 
proactively prepared for the possibility of a transition in a country. 
That document was sent to the U.S. Interest Section and reproduced, was 
given to Cubans who came to the section. Those who had the audacity to 
have that simple document in their possession were often arrested and 
thrown into jail. The power of the thought, the liberating thought of 
the freedoms and the real attitude the United States had with the Cuban 
people as to where we wanted to help the people, not those who 
oppressed them, was so powerful that the regime could not afford for 
people to read it and would arrest them as they left the Interest 
Section.
  By voting for this amendment, you give those who read that document 
or the Universal Declaration of Human Rights or other democratic 
documents the opportunity to be able to survive those jails. By voting 
for this amendment you are voting to do what the international 
community did in Poland, in Hungary, in Eastern Europe.
  By voting for this amendment, you are voting to support democracy and 
human rights as we do in other programs in countries such as China, 
Burma, Cambodia, and many others. By voting for this amendment, you are 
making a simple statement--whether or not we disagree on how we achieve 
the policy goals--we support democracy, freedom, and human rights of 
the Cuban people. That is what this amendment does.
  I hope we will have, as the House did, a strong bipartisan vote to 
send a message to those who struggle every day inside Cuba to create 
freedom, to promote the rights of individuals, as we are able to enjoy 
here in this country, that 90 miles away from the shores of the United 
States there can be the same opportunity as people aspire to throughout 
the world.
  This is the moment. This is the time. This is the opportunity. I hope 
the Senate will avail itself of it and vote for this amendment.
  I yield the floor, and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. MARTINEZ. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER (Mr. Nelson of Nebraska). Without objection, it 
is so ordered.
  Mr. MARTINEZ. Mr. President, I ask unanimous consent that Senators 
Menendez, Ensign, and Nelson of Florida be added as cosponsors of 
amendment No. 2694.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MARTINEZ. I further ask unanimous consent that Senator Nelson of 
Florida and Senator Menendez be added as cosponsors of amendment No. 
2695.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. MENENDEZ. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. I ask unanimous consent that the order for the quorum call 
be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Mr. President, I commend Senator Gregg for his opening 
statement. I associate myself especially with his comments and concern 
related to corruption at the World Bank and the U.N. and in our 
assistance programs in Iraq. We have serious and nonpartisan concerns. 
These go across the spectrum in this body. We intend to address them. I 
commend the Senator from New Hampshire for raising them in his 
statement.
  We are trying very much to work out amendments. I hope we can go to 
third reading.
  Mr. GREGG. I see no objection.
  Mr. LEAHY. In saying that, I am reminded of that wonderful part in 
Henry IV--I am sure the Chair remembers this very well--with Glendower 
and Hotspur, when Glendower says: I can call spirits from the frothy 
depths, or something to that effect. And Hotspur says: Well, so can I, 
so can any man, but will they come when you call them.
  The Senator from New Hampshire and I can call them from the depths, 
but we would just like to have them come when we call them. Staffs are 
working with a number of people. As soon as we have a finite list of 
amendments, we are going to go through them. I would hope we can wrap 
up.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. LEAHY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Ms. Klobuchar). Without objection, it is so 
ordered.
  Mr. LEAHY. Madam President, the distinguished Senator from New Jersey 
and the distinguished Senator from Florida have been working together 
on an amendment actually that is part of an overall package that the 
distinguished Senator from New Hampshire and I are working on with 
them, and I think we are prepared to move forward on that part of the 
legislation now. Both of the distinguished Senators are on the floor. 
Once that is disposed of, we have a few other odds and ends, and I 
would hope--I have heard there may be some other amendments, and I hope 
we get to them right away so that maybe we can go to third reading 
within the next hour or so.
  With that, I yield the floor.
  The PRESIDING OFFICER. The Senator from Florida is recognized.
  Mr. MARTINEZ. Madam President, as was pointed out by the 
distinguished chairman, Senator Menendez and I have worked together on 
this effort which has been collaborative and bipartisan and has the 
support also, as cosponsors, of Senators Ensign and Nelson of Florida.


                    Amendment No. 2694, as Modified

  Mr. President, at this time I have a modification to the amendment 
No. 2694 that I would like to send to the desk.
  The PRESIDING OFFICER. Will the Senator indicate the number again for 
the clerk?
  Mr. MARTINEZ. Amendment No. 2694, which is the amendment we have been 
discussing.
  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment, as modified, is as follows:

       On page 255, line 5 before the period, insert the 
     following:
       : Provided further, That of the funds appropriated under 
     this heading, $45,700,000 should

[[Page 23781]]

     be made available to promote democracy in Cuba, and to assist 
     the pro-democracy movement in Cuba.

  Mr. MARTINEZ. At this time, I would simply speak on behalf of this 
amendment, which is to provide $45,700,000 to the democracy movement 
and to assist the pro-democracy movement in Cuba and to promote 
democracy in Cuba. It is an essential part, as the Senator from New 
Jersey very eloquently discussed, of support for the dissident movement 
so they can have the resources necessary for them to carry out their 
work, so we can create a civil society in Cuba. So that, at this very 
critical juncture in history--a very critical moment in history--the 
forces of democracy, the forces of freedom, the forces of a new way for 
Cuba could be heard and have the resources necessary to carry their 
message to others within the Cuban population.
  Senator Menendez and I both listened as we discussed with these 
people their needs and their wants. They are not asking for things 
other than that which makes their work possible: The ability to have a 
cell phone so they can communicate with one another; pencils, paper, 
ballpoint pens, things as simple as that--computers, of course; 
printers, of course. All these things are the tools of democracy that, 
as we saw in Eastern Europe bring about the fruits of democracy, we can 
also see that these seeds of democracy planted in Cuba, that these 
funds can also bear the same kind of fruit at this very critical moment 
of transition, we hope, in the Cuban situation.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from New Jersey is recognized.
  Mr. MENENDEZ. Madam President, I am happy to join with my 
distinguished colleague from Florida in offering this amendment. I 
appreciate what I understand I hope will be the acceptance of the 
distinguished chairman and ranking member of the amendment by voice. I 
appreciate the fact that even those who have different views as to how 
we promote democracy in Cuba are willing to allow resources to have the 
ability to nurture human rights activists, political dissidents, 
independent journalists, those who struggle inside Cuba every day to 
promote civil society and peaceful change in their country which has 
languished for 48 years under a dictatorship--are willing to allow that 
to move forward.
  This is about promoting the opportunities of nurturing those people 
who risk their life and liberty every day to create change in their 
country, and in doing so the United States has always been a beacon of 
light of democracy throughout the world and a strong advocate for human 
rights. The adoption of the amendment would continue in that fine 
tradition.
  I urge our colleagues, when the distinguished Senator from Florida 
seeks to do so, with hopefully the distinguished acquiescence of the 
chairman of the committee and ranking Republican, to have the amendment 
adopted and take advantage of this most propitious and historic moment.
  With that, I yield the floor.


             Amendments Nos. 2695, 2696, and 2697 Withdrawn

  Mr. MARTINEZ. Madam President, there are three amendments I wish to 
withdraw at this time. They are amendments Nos. 2695, 2696, and 2697.
  The PRESIDING OFFICER. Without objection, it is so ordered. Those 
amendments are withdrawn.
  The Senator from Vermont is recognized.
  Mr. LEAHY. Madam President, I am prepared to accept the amendment, as 
modified, by the Senators from Florida and New Jersey.
  The PRESIDING OFFICER. If there is no further debate, the question is 
on agreeing to the amendment, as modified.
  The amendment (No. 2694), as modified, was agreed to.
  Mr. GREGG. Madam President, I move to reconsider the vote and I move 
to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. LEAHY. Madam President, I ask unanimous consent that the Senator 
from New Mexico be recognized for up to 10 minutes as in morning 
business.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from New Mexico is recognized.
  (The remarks of Senator Bingaman are printed in today's Record under 
``Morning Business.'')
  The PRESIDING OFFICER. The Senator from Kansas is recognized.
  Mr. BROWNBACK. Madam President, I have two amendments I will be 
offering to this Foreign Operations bill dealing with international 
family planning. I would like to call up both of them and discuss them 
as a way of being able to deal with this in a timely fashion for my 
colleagues. I ask unanimous consent that these two amendments be called 
up and put in order.
  The PRESIDING OFFICER. Is there objection?
  Mr. LEAHY. Madam President, reserving the right to object, and I 
shall not, the Senator from Kansas wishes to speak about the amendments 
now, and there is going to be an amendment or two by Senator Boxer. I 
hope the Senator will work with us--and the Senator from California, 
too--to give their speeches, have the amendments discussed, but before 
the votes start, we can work out a sequence of votes in a relatively 
short period of time. It is my understanding that comports with the 
thinking of the Senator from Kansas. He can speak as long as he wants 
because he has the floor. Does that comport with his thinking?
  Mr. BROWNBACK. Yes, it does. There is a dispute on international 
family planning and the dollars. I was asking here--and I ask my 
colleague from Vermont about this--would it be appropriate to bring the 
two amendments up on the floor at this time? I am willing to work on 
any sequencing that the Senator from California or anybody else would 
feel appropriate. I want to get votes on these issues; they are 
important. They are matters of longstanding policy. Frankly, they are 
policy issues that if either of them ends up in the bill, it will be 
vetoed. I think it is a significant issue for debate on the bill. If 
the Senator from Vermont would like to sequence things in a different 
way----
  Mr. LEAHY. I wonder if we might begin with the amendment that says:

       On page 308, beginning line 18, strike ``health:'' And all 
     that follows through page 309, line 4, and insert ``health.''

  Can we deal with that first and then go to the next one? If that was 
the request, I have no objection.


                           Amendment No. 2708

  Mr. BROWNBACK. I call up amendment No. 2708.
  The PRESIDING OFFICER. The clerk will report.
  The bill clerk read as follows:

       The Senator from Kansas [Mr. Brownback] proposes an 
     amendment numbered 2708.

  The amendment is as follows:

  (Purpose: To prevent contributions to organizations that perform or 
            promote abortion as a method of family planning)

       On page 308, beginning on line 18, strike ``health:'' and 
     all that follows through page 309, line 4, and insert 
     ``health.''.

  Mr. BROWNBACK. Madam President, I want to describe the overview of 
this and go into the specifics. This amendment No. 2708 deals with the 
Mexico City policy. The second one deals with the Kemp-Kasten 
legislation. They are both policies the U.S. has in place. Kemp-Kasten 
has been in place over 20 years. The Mexico City policy has been in 
place since President Reagan. It was repealed under President Clinton 
and put back in place under President Bush. These are long, well-known 
policy issues. They are significant policy issues. There is significant 
policy debate about it.
  The centerpiece of this debate is whether the U.S. should use 
taxpayer funding to fund abortion overseas. That is at the centerpiece 
of the debate--whether the U.S. Government should use taxpayer dollars 
to fund abortions overseas. I submit that regardless of your position 
on abortion, we should not be using taxpayer funds to fund abortions 
here or overseas. A number of Americans would oppose on moral grounds 
that their taxpayer dollars are being used to fund abortions here or 
overseas but particularly overseas. They would object to that. And a 
number of people would say why are we even doing something like this 
overseas.

[[Page 23782]]

  People who are pro-choice might say: I am OK with abortion, but why 
are we using taxpayer dollars to do this overseas? Why not let those 
countries and governments deal with their own problems rather than us 
funding these issues?
  There is a taxpayer angle on this issue and there is an overseas 
meddling angle on this issue, and there is obviously a major moral 
issue of our day that is involved with this issue.
  These amendments raise important issues. Should, as I mentioned, U.S. 
taxpayers be forced to subsidize international groups involved in 
abortions? Should U.S. taxpayers support organizations involved with 
coercive abortion policies? Some people support abortion but not 
coercive abortion. And should U.S. taxpayers be involved with 
organizations that are connected to involuntary sterilizations?
  I hope everybody in this body would be opposed to those last two 
points.
  As drafted, the Foreign Operations bill, unfortunately, answers yes 
to all three questions, and that is what this first amendment, the 
Mexico City language amendment, seeks to turn around.
  The bill is a radical departure from both current policy and common 
sense, and it should make us pause. Do we want to go down this road?
  The first amendment I offer today addresses what is known as the 
Mexico City policy. This policy originated with President Ronald 
Reagan, as I stated previously, in 1984 and has been continued by the 
current administration. The Mexico City policy prohibits Federal 
taxpayer funds from going to organizations that perform or actively 
promote abortion as a method of family planning in other nations. The 
Mexico City language is this: prohibits Federal taxpayer funds from 
going to organizations that ``perform or actively promote abortion as a 
method of family planning in other nations.'' However, the language in 
the pending bill would gut this policy. In fact, the language in this 
appropriations bill implies that elective abortion is an acceptable 
method of family planning.
  No matter how one feels about the taking of human life through 
surgically induced abortions, surely we can reach some consensus that 
abortion is not a legitimate means of family planning.
  Further, I hope we can agree that taxpayers should not be forced to 
subsidize groups that provide abortion, many of whom object to abortion 
and find it morally wrong. The Mexico City policy is common sense and 
aligns with the values of most Americans.
  The bottom line is, U.S. taxpayers should not be forced to subsidize 
or support organizations that perform or promote abortions for overseas 
family planning programs.
  In case my colleagues think, OK, that was the language in 1984, that 
was the world situation in 1984, let me read from a newspaper article, 
an AP story that was filed on August 30, 2007. The article is ``Chinese 
victims of forced late-term abortion fight back.''
  The article is dated August 30, 2007. It reads as follows:

       Yang Zhongchen, a small-town businessman, wined and dined 
     three government officials for permission to become a father.

  Yes, permission to become a father. It didn't work. Even though he 
wined and dined, his wife was taken out of town and her baby was killed 
by injection while still inside her. This is her quote. I want to read 
this for my colleagues:

       ``Several people held me down, they ripped my clothes aside 
     and the doctor pushed a large syringe into my stomach,'' says 
     Jin Yani, a shy, petite woman with a long ponytail. ``It was 
     very painful. . . . It was all very rough.''

  The article goes on to say:

       Some 30 years after China decreed a general limit of one 
     child per family, resentment still brews over the state's 
     regular and sometimes brutal intrusion into intimate family 
     matters. Not only are many second pregnancies aborted, but 
     even to have one's first child requires a license.

  Why would we want to be associated with any sort of family planning 
that is coercive of an abortion, regardless of where you are on the 
choice issue? Whether you are pro-choice or not, you wouldn't want to 
be associated with a government, with a group that does forced 
abortions, coercive abortions such as I am reading about in an AP story 
written at the end of August of this year. Why would we want to be a 
part of that?
  Madam President, I ask unanimous consent to have printed in the 
Record the article on ``Chinese victims of forced late-term abortion 
fight back.''
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              [From the Houston Chronicle, Aug. 30, 2007]

        Chinese Victims of Forced Late-Term Abortion Fight Back

       Qian'an, China.--Yang Zhongchen, a small-town businessman, 
     wined and dined three government officials for permission to 
     become a father.
       But the Peking duck and liquor weren't enough. One night, a 
     couple of weeks before her date for giving birth, Yang's wife 
     was dragged from her bed in a north China town and taken to a 
     clinic, where, she says, her baby was killed by injection 
     while still inside her.
       ``Several people held me down, they ripped my clothes aside 
     and the doctor pushed a large syringe into my stomach,'' says 
     Jin Yani, a shy, petite woman with a long ponytail. ``It was 
     very painful. . . . It was all very rough.''
       Some 30 years after China decreed a general limit of one 
     child per family, resentment still brews over the state's 
     regular and sometimes brutal intrusion into intimate family 
     matters. Not only are many second pregnancies aborted, but 
     even to have one's first child requires a license.
       Seven years after the dead baby was pulled from her body 
     with forceps, Jin remains traumatized and, the couple and a 
     doctor say, unable to bear children. Yang and Jin have made 
     the rounds of government offices pleading for restitution--to 
     no avail.
       This year, they took the unusual step of suing the family 
     planning agency. The judges ruled against them, saying Yang 
     and Jin conceived out of wedlock. Local family planning 
     officials said Jin consented to the abortion. The couple's 
     appeal to a higher court is pending.
       The one-child policy applies to most families in this 
     nation of 1.3 billion people, and communist officials, often 
     under pressure to meet birth quotas set by the government, 
     can be coldly intolerant of violators.
       But in the new China, economically powerful and more open 
     to outside influences, ordinary citizens such as Yang and Jin 
     increasingly are speaking out. Aiding them are social 
     campaigners and lawyers who have documented cases of forced 
     abortions in the seventh, eighth or ninth month.
       Chen Guangcheng, a self-taught lawyer, prepared a lawsuit 
     cataloguing 20 cases of forced abortions and sterilizations 
     in rural parts of Shandong province in 2005, allegedly 
     carried out because local officials had failed to reach 
     population control targets.
       Chen, who is blind, is serving a prison sentence of three 
     years and four months which his supporters say was meted out 
     in retaliation for his activism.
       Many countries ban abortion after 12 or sometimes 24 weeks 
     of pregnancy unless the mother's life is at risk. While China 
     outlaws forced abortions, its laws do not expressly prohibit 
     or even define late-term termination.


                           A family unplanned

       Jin, an 18-year-old high school dropout from a broken home, 
     met 30-year-old Yang, a building materials supplier, in 
     September 1998. They moved in together. A year and a half 
     later, in January or February 2000, they discovered Jin was 
     pregnant but couldn't get married right away because she had 
     not reached 20, the marriage age.
       After her birthday in April, Jin bought porcelain cups for 
     the wedding and posed for studio photos. On May 5, they were 
     married.
       Now all that was missing was the piece of paper allowing 
     them to have a child. So about a month before Jin's due date, 
     her husband Yang set out to curry favor with Di Wenjun, head 
     of the neighborhood family planning office in Anshan, the 
     couple's home town about 190 miles east of Beijing.
       He faced a fine of $660 to $1,330 for not having gotten a 
     family planning permit in advance, so he treated Di to the 
     Peking duck lunch on Aug. 15, 2000, hoping to escape with a 
     lower fine since this was his first child.
       The next day he paid for another meal with Di and the 
     village's Communist Party secretary and accountant.
       He said the mood was cordial and that the officials toasted 
     him for finding a young wife and starting a family.
       ``They told me `We'll talk to our superiors. We'll do our 
     best. Wait for our news.' So I was put at ease,'' Yang said.
       But three weeks later, on Sept. 7, when Yang was away 
     opening a new building supplies store, Jin was taken from her 
     mother-in-law's home and forced into having the abortion.
       Why had the officials failed to make good on their 
     assurances? One of Yang's two lawyers, Wang Chen, says he 
     believes it was because no bribe was paid.
       ``Dinner is not enough,'' Wang said. ``Nothing gets done 
     without a bribe. This is the situation in China. Yang was too 
     naive.''

[[Page 23783]]

       Di, who has since been promoted to head of family planning 
     for all of Anshan township, could not be reached. Officials 
     who answered his office phone refused to take a message and 
     gave a cell phone number for him that was out of service.


                      Late-term procedures decline

       Zhai Zhenwu, a sociology professor at the People's 
     University Institute of Demographic Studies in Beijing, said 
     that while forced, late-term abortions do still occur 
     sporadically, they have fallen sharply.
       In the late '80s and early '90s, he said, some family 
     planning officials ``were really radical and would do very 
     inappropriate things like take your house, levy huge fines, 
     force you into procedures.''
       Things have improved since a propaganda campaign in 1993 to 
     make enforcement more humane and the enactment of the family 
     planning law in 2001, he said. Controls have been relaxed, 
     allowing couples in many rural areas to have two children 
     under certain conditions.
       Still, Radio Free Asia reported this year that dozens of 
     women in Baise, a small city in the southern province of 
     Guangxi, were forced to have abortions because local 
     officials failed to meet their population targets.
       In the province's Bobai county, thousands of farmers rioted 
     in May after family planners levied huge fines against people 
     with too many children. Those who didn't pay were told their 
     homes would be demolished and their belongings seized.
       Yang and Jin are suing the Family Planning Bureau in their 
     county of Changli for $38,000 in medical expenses and 
     $130,000 for psychological distress.
       But it's not about the money, said Yang, a fast-talking 
     chain-smoker. No longer able to afford to run his business, 
     he now works as a day laborer in Qian'an, an iron mining town 
     east of Beijing.
       ``What I want is my child and I want the court to 
     acknowledge our suffering,'' he said.
       A family planning official in Changli justified Jin's 
     abortion on the grounds she lacked a birth permit. The woman, 
     who would only give her surname, Fu, said no one in the 
     clinic was punished for performing the procedure.


                         Contradictory evidence

       The National Population and Family Planning Commission, the 
     agency overseeing the one-child policy, says it is looking 
     into Jin and Yang's case. Meanwhile, the evidence appears 
     contradictory.
       Jin's medical records include a doctor's certificate from 
     2001, the year after the abortion, confirming she could not 
     have children. Doctors in Changli county say they examined 
     her in 2001 and 2002 and found nothing wrong with her.
       The court ruling says Jin agreed to have the operation. Jin 
     says the signature on the consent form is not hers but that 
     of Di, the official her husband courted.
       Sun Maohang, another of the Yangs' lawyers, doubts the 
     court will rule for the couple lest it encourage further 
     lawsuits. But he hopes the case will stir debate and lead to 
     clearer guidelines on abortion.
       As she waits for the next round in court, Jin says she is 
     too weak to work and has been celibate for years because sex 
     is too painful.
       Her husband prods her to tell her story, but during an 
     interview she sits silent for a long time and finally says 
     she doesn't want to talk about the past because it's too sad.
       Then she quietly insists the lawsuit is something she has 
     to do for Yang Ying, the baby girl she carried but never got 
     to see or hold.

  Mr. BROWNBACK. Madam President, several years ago, when I was 
chairing the South Asia Subcommittee of the Foreign Relations 
Committee, we held a hearing on a lady who went undercover in China and 
filmed and interviewed a number of women who had been forced into 
abortions. She talked about the brutality. She brought the interviews 
forward. This continues to go on to today.
  There is no reason that we as an American Government should be 
associated with it. Period. The Mexico City language has been a 
longstanding policy of the United States. It makes sense. It is 
something we should continue. It is gutted in the bill.
  I want to make another point on this issue. If this language remains 
in the bill, if the Mexico City language is not put back in the bill, 
or if the current language remains in the bill and it goes to the 
President, it will be vetoed. The President has issued a very clear 
statement to the Congress to maintain the language of Mexico City and 
Kemp-Kasten, saying very clearly, if this is in the bill, the bill will 
be vetoed.
  I don't know why we would want to overturn a policy that has been in 
place for a number of years, a policy that makes common sense, to get a 
veto on a very important Foreign Operations bill.
  I thank my colleague from Vermont who chairs the committee and my 
colleague from New Hampshire who is the ranking member for many good 
provisions in this Foreign Operations bill. I know my colleague from 
Vermont has a heart for foreign operations issues, for taking care of 
people overseas and domestically, to do whatever he can in situations 
that are difficult, that are dire. We have talked about it many times. 
I am very appreciative of his efforts in this field. This is not the 
way to go. This is something that will divide us. This is something 
that is harmful. It is something that will be vetoed. It is something 
that will bring this bill back in front of us. I believe we will have 
the votes to sustain the President's veto. We should not go this route 
on this particular bill.
  Mr. GREGG. Madam President, will the Senator from Kansas yield for a 
question?
  Mr. BROWNBACK. Yes, I will.
  Mr. GREGG. I see the Senator from California is in the Chamber. I was 
wondering if we could enter a game plan. I understand the Senator from 
Kansas has two amendments, one dealing with the Mexico City language 
and one dealing with Kemp-Kasten.
  Mr. BROWNBACK. Yes.
  Mr. GREGG. The Senator from California has an amendment that deals 
with the language in this bill also in that general area. I was 
wondering if we can work out an agreement where the Senator from Kansas 
can have the time he has already taken, plus an additional 30 minutes 
on his two amendments, and the Senator from California can have 30 
minutes on her amendment, and then maybe we can vote on all these 
amendments.
  Mr. BROWNBACK. I would be agreeable to that request.
  Mr. GREGG. Madam President, I ask unanimous consent that the Senator 
from Kansas have 30 minutes and be allowed to offer his 2 amendments 
without second-degree amendments, and the Senator from California then 
follow with 30 minutes and be allowed to offer her amendment without 
second-degree amendments, and those 3 amendments be voted on at the 
conclusion of that time.
  Mrs. BOXER. Reserving the right to object.
  Mr. LEAHY. I am not sure I understand. Madam President, I suggest the 
absence of a quorum.
  The PRESIDING OFFICER. The Senator from Kansas has the floor.
  Mr. LEAHY. Will the Senator from Kansas suggest the absence of a 
quorum without yielding the floor?
  Mr. BROWNBACK. Without yielding the floor, I suggest the absence of a 
quorum.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
Senator will be recognized.
  The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LEAHY. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Madam President, I understand the Senator from Kansas has 
the floor, and I ask if he will yield to me to propose a unanimous 
consent request.
  Mr. BROWNBACK. I yield to the Senator from Vermont.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LEAHY. Madam President, I propose, similar to what the Senator 
from New Hampshire said, that the Senator from Kansas has the time he 
already used, plus 30 minutes, during which he will have offered and 
spoken on or yielded to others to speak on his two amendments, and then 
the Senator from California have up to 30 minutes, either to speak or 
to yield to others and to offer her amendment. Then the amendments be 
set aside to be voted on prior to final passage at a time to be 
determined by the two managers.
  Mr. GREGG. And in an order to be determined.
  Mr. LEAHY. And in an order to be determined by the two managers?
  Mr. BROWNBACK. Reserving the right to object, I want to make sure I 
understand the point. We will have votes on all three amendments. I am

[[Page 23784]]

assuming that the Senator from California----
  Mr. LEAHY. The Senator is right, there will have to be votes on these 
amendments prior to final passage.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Kansas.
  Mr. GREGG. Madam President, I ask that the Senator from Kansas yield 
for an additional unanimous consent.
  Mr. BROWNBACK. I will be happy to yield.
  Mr. GREGG. Madam President, I ask unanimous consent that no second-
degree amendments be in order to the amendments proposed.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWNBACK. Madam President, I thank my colleagues from Vermont 
and New Hampshire for getting this play set. These are well-known 
policy issues. They have been debated a long time in this country. My 
guess is that most people in this body know where they stand on these 
particular issues. A lengthy debate is not necessary.
  What I want to do is clarify what we are talking about, No. 1, and 
No. 2, factually these conditions continue to exist in the world and 
this is not something that is an old policy and not needed any longer.
  I ask unanimous consent to add Senator Corker as a cosponsor to my 
amendment No. 2708.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWNBACK. Madam President, I thank my colleagues for working on 
this issue. It is a gut-check issue about where you stand on life, 
where you stand on the U.S. role around the world, where you stand on 
whether we should be using taxpayers' funds for abortion, where you 
stand on whether we should be using taxpayers' dollars to promote 
abortion overseas. I think those are important and key issues. They are 
issues on which people know where they stand, and I hope we will be 
able to have a positive vote on all of these amendments.
  I also say to my colleagues that if these particular provisions as 
currently exist in the bill, as I already stated, pass through this 
body and are in the ultimate bill, I believe the bill will be vetoed 
and we will be right back talking about this bill which has a number of 
very good provisions in it on foreign affairs, foreign operations that 
are very important, but this is certainly going to hold it up.
  Continuing my comments, as we all know, many Americans are deeply 
opposed to abortion. If you poll the issue of taxpayer funding of 
abortion, a solid majority of Americans is opposed to taxpayer funding 
of abortion. They do not want a part of it. They may say: I am okay 
with a woman's right to choose, but I don't want us to pay for that. I 
don't see why the taxpayers should be paying for it, let alone 
abortions overseas. Many who support abortion question whether it 
should be used for family planning purposes, which these funds are 
designated to be used for. We should not force American taxpayers to 
subsidize organizations that perform or actively promote abortion. That 
is a position--if you polled that--that would be supported by 75 
percent of the American public, probably. I don't have actual poll data 
on it, but people don't support doing this, and there is no reason we 
should do it.
  If anything, they would like to see us cut foreign operations and 
foreign aid budgets, and here would be a prime spot. They would be 
happy to see this cut taking place, and it would support their view of 
the role of the United States in the world and the moral authority with 
which the United States leads.
  These are very difficult moral issues, and then we go and insert 
ourselves in a moral debate overseas--a moral debate about which we are 
very divided here--and it doubles the negative view of the United 
States meddling in a country's domestic issues and one of such key 
significance as life, human life; that we would meddle with U.S. 
taxpayer dollars.
  I would like to argue a few other points. First, some will argue 
incorrectly that Federal tax dollars would not have to be used for 
actual abortions but could still be used to support the organization's 
other activities. This is something you will hear a lot about: We are 
not actually funding abortion, we are funding an organization that 
happens to be associated with abortion, but it is not for abortions. 
Well, I think most people see through that figleaf. It fails to 
properly understand the fungibility of money.
  If I represent an organization, and I have money in this pocket and 
money in this pocket, but the budget all flows together--it supports 
staff, it supports overhead--it is used to support the full 
organization, and that is U.S. taxpayer money. Again, we are talking 
about overseas. It is used to support that organization. Sure, they 
will show us that, yes, in our bookkeeping and recordkeeping we don't 
support abortions with U.S. taxpayer money, but it does support the 
overall organization, and the image of that organization overseas is 
they support abortion. So you are funding abortion, even if the actual 
dollars themselves don't go for abortion. People get it.
  I don't think we should fall for the figleaf they are going to keep a 
separate set of books. It is one organization, and the money goes to 
support one organization that has one policy, and that policy is to 
support and promote abortion overseas. The organization receives funds, 
and they can simply reallocate private funds or other sources of 
financial support away from their nonabortion-related activities into 
their abortion activities. It frees up other money they have that they 
can get from us and then use the money they have from private sources 
to fund abortions. So we are still helping out with abortions.
  Second, the Mexico City policy also prohibits organizations that 
actively promote abortion from receiving funds. This means our Federal 
tax dollars should not be used to support the lobbying efforts of pro-
abortion organizations that are attempting to change the abortion laws 
in other countries. These are groups that are trying to push pro-
abortion laws, pro-choice laws in many other countries. Why should we 
be involved in lobbying efforts in other countries on a controversial 
topic such as abortion? That makes no sense whether you are pro-life or 
pro-abortion as to why we should do that.
  These are basic considerations I believe we should take into account 
with the amendment I have offered today to strike the language in this 
bill which guts the Mexico City policy. The current bill language guts 
the Mexico City policy. In effect, my amendment would ensure the Mexico 
City policy stands as is. It would stand.
  I wish to recognize, too, that my colleagues, particularly the 
Senator from California, she and I have had various debates about this. 
I certainly don't question her ability. I don't question her heart. We 
view this differently. I don't think we should be anywhere near 
policies that promote abortion overseas. I see no reason the United 
States should be involved in policies that promote abortion overseas or 
the support of organizations that promote abortions overseas. My 
colleague from California looks at this differently. I respect her and 
her opinion on this.
  I would hope our colleagues would look at this and simply ask--
particularly those who are voting on this for the first time--is this 
something they want the United States to be associated with. A lot of 
people get mad at the United States for pushing its weight around 
overseas. A number of people get in our face and mad at the United 
States for pushing cultural changes overseas. I would think most of my 
colleagues would be very sensitive to our pushing cultural changes 
overseas, saying: OK, we have policies about democracy, we have 
thoughts on that; and people should be allowed to govern themselves. We 
don't necessarily want to push our views on major moral issues around 
the world today. Yet here is one of a most offensive nature to many 
Americans, to many people overseas, and the United States is funding 
it.
  Why not take the money and use it to do water well promotion or 
provide AIDS drugs to help people to be able to live or malaria or 
tuberculosis, where there is no controversy associated with

[[Page 23785]]

that. In those situations, people would applaud us helping them out 
with a problem they have, instead of getting involved in a very 
divisive moral issue in their country as well as ours. This doesn't 
make sense that we would do this.


                           Amendment No. 2707

  Madam President, in the order of agreement, I would like to call up 
now the second amendment that I would propose, and I ask unanimous 
consent that the current one be set aside and the second amendment be 
called up.
  I do not have a number. It deals with the Kemp-Kasten language.
  The PRESIDING OFFICER. Without objection, the current amendment is 
set aside. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Kansas [Mr. Brownback] proposes an 
     amendment numbered 2707.

  Mr. BROWNBACK. Madam President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To prohibit funding of organizations that support coercive 
                               abortion)

       On page 240, beginning on line 4, strike ``Provided'' and 
     all that follows through ``sterilization:'' on line 9 and 
     insert ``Provided further, That none of the funds made 
     available in this Act nor any unobligated balances from prior 
     appropriations may be made available to any organization or 
     program which, as determined by the President, supports, or 
     participates in the management of, a program of coercive 
     abortion or involuntary sterilization:''.

  Mr. BROWNBACK. Madam President, this is a provision similar to the 
last one, as far as the issue. It is more specific. It has been the 
policy of the United States since 1985, and consistently been the 
policy of the United States through Republican and Democratic 
Congresses, through Republican and Democratic administrations. It is 
commonly referred to as the Kemp-Kasten legislation. It would require 
the reinsertion of what is known as the Kemp-Kasten law into this 
legislation. This law helps to ensure that American taxpayers do not 
subsidize groups and organizations with ties to coercive abortions and 
forced sterilizations. So this is a narrower subset of the past 
amendment, the last amendment that I put forward. I would like to read 
it to my colleagues. It is a short amendment. It is well-known 
language. I would hope it would get near unanimous support in this 
body. We would put this language in the bill:

       That none of the funds made available in this Act nor any 
     unobligated balances from prior appropriations may be made 
     available to any organization or program which, as determined 
     by the President, supports, or participates in the management 
     of, a program of coercive abortion or involuntary 
     sterilization.

  Coerced abortion. Involuntary sterilization. It says you cannot 
support groups or organizations that participate in each of those. Now, 
I don't know of anybody in the Congress who I have ever run into at all 
that supports coerced abortion or involuntary sterilization.
  We have seen involuntary sterilization at times in the past in this 
country, and it was a bad, dark chapter. This is not something we want 
to be a part of. What we are saying is you cannot support any 
organization overseas that is involved in involuntary sterilizations or 
coerced abortions, commonly referred to, as I said, as the Kemp-Kasten 
legislation. This has been the law on the books for 20 years, and I 
think my colleagues can see why.
  This is something people don't support. It has been in place since 
1985 through Republican-led Congresses and Democratically led 
Congresses, Republican administrations and Democratic administrations. 
However, year after year the language has been watered down in the 
Foreign Operations appropriation bill and essentially gutted. That is 
why in this amendment my colleagues will support it. This is language 
we would reinsert into this bill.
  This commonsense provision prohibits funding of these organizations. 
One important effect of this law has been to prohibit taxpayer funding 
of the United Nations Population Fund. That is what this narrow piece 
of the debate will be about, because of that agency's support for and 
participation in the management of the population control program of 
the People's Republic of China. This program relies heavily on 
Government-coerced abortions.
  This gets a bit personal with me. One of our children is adopted from 
China. I think often of the woman who had our child, Jenna; that 
somehow she fought through a system that would have paid for, in places 
and cases, a coerced abortion. But she fought through this system to 
have the child who is my daughter, who is 9 years old, and who won her 
third grade spelling bee contest. She is, I think, a beautiful gift to 
society. A beautiful gift to the world. Why would we want to be 
anywhere closely associated with any government or organization that 
would have forced people, such as my daughter's mother, to have an 
abortion? I don't know why anybody would want to be associated with 
that or come anywhere close to that.
  I read to my colleagues, and we inserted in the Record an AP story 
about this still going on today. This is not an isolated incident. This 
happens in many places. We have held Senate hearings with people where 
the local population control officials in China are very aggressive on 
pushing a one-child policy, and that you have to get a license for that 
child. Many women will flee a local community when they are pregnant in 
order to have their child somewhere else. My daughter was left on the 
doorsteps of an orphanage by somebody who fought through that system. 
Maybe she was from a community that was some ways away, but somehow she 
fought through to have this child. Why would we want to be anywhere 
close to something like that?
  The Appropriations Committee-approved bill has inappropriately 
removed the Kemp-Kasten provision by changing the language in important 
ways. It requires evidence that the UNFPA directly supports coercive 
abortion. We, as a civilized society, should reject the brutal practice 
of forced abortion, whether it is promoted directly or indirectly. If 
you have local population planning authorities in China who are 
indirectly supporting coercive abortion, do we want to be anywhere 
closely associated with that? I don't think so. The bill removes the 
language giving the President the explicit authority to invoke the 
provision.
  We ought to allow the President to enforce this provision, as it is 
essential, I believe, to a civilized society. A civilized society 
doesn't do forced abortions, coercive abortions or involuntary 
sterilization. The Brownback amendment would restore the Kemp-Kasten 
language that has been the law for over 20 years.
  While we have had a rigorous debate in this country about abortion, 
we have come to some fundamental agreements, I believe. One of those 
agreements is we should not use tax dollars to fund coercive abortion. 
It is a brutal practice and it should be stopped. We should not use 
this as an occasion for partisan politics. Whatever your thoughts on 
abortion, we should be able to agree that forced abortion goes too far. 
It is not worthy of the America we all know is possible. I envision an 
America where the strong protect the weak.
  We ought to value each life and every life, everywhere and without 
exception. That is why I talk often about being pro-life and whole-
life. I believe the life in the womb is sacred. I believe the life of a 
child in Darfur is sacred and a child in China. It is a hopeful message 
and a unifying message and it is one that should apply in this bill on 
this language.
  I urge my colleagues to support the Brownback amendment to prohibit 
funding for forced abortions and return to the sensible policy of the 
past 20 years and to advance a culture of life; to not get involved in 
other countries' internal debates on abortion, particularly ones 
involving forced abortions and sterilizations.
  I yield the floor, I reserve the remainder of my time, and I suggest 
the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.

[[Page 23786]]

  The legislative clerk proceeded to call the roll.
  Mrs. BOXER. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. BOXER. Madam President, can you tell me what the order is, 
please.
  The PRESIDING OFFICER. The Senator from California has 30 minutes. 
The Senator from Kansas has 13 minutes 7 seconds remaining.
  Mrs. BOXER. Madam President, will you let me know when I have used 20 
minutes of time?
  The PRESIDING OFFICER. The Chair will do so.


                           Amendment No. 2719

  Mrs. BOXER. Madam President, I call up amendment No. 2719, and I ask 
for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from California [Mrs. Boxer], for herself and 
     Ms. Snowe, Ms. Collins, Mrs. Clinton, Ms. Cantwell, Mr. 
     Menendez, Mr. Dodd, Mr. Lautenberg, Mrs. Feinstein, Mr. 
     Feingold, and Mrs. Murray, proposes an amendment numbered 
     2719.

  Mrs. BOXER. I ask unanimous consent that the reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

     (Purpose: To prohibit the application of certain restrictive 
eligibility requirements to foreign nongovernmental organizations with 
  respect to the provision of assistance under part I of the Foreign 
                        Assistance Act of 1961)

       On page 410, between lines 15 and 16, insert the following:


 REMOVAL OF CERTAIN RESTRICTIVE ELIGIBILITY REQUIREMENTS APPLICABLE TO 
                 FOREIGN NONGOVERNMENTAL ORGANIZATIONS

       Sec. 699B.  Notwithstanding any other provision of law, 
     regulation, or policy, in determining eligibility for 
     assistance authorized under part I of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 
     organizations shall not be ineligible for such assistance 
     solely on the basis of health or medical services, including 
     counseling and referral services, provided by such 
     organizations with non-United States Government funds if such 
     services do not violate the laws of the country in which they 
     are being provided and would not violate United States 
     Federal law if provided in the United States, and shall not 
     be subject to requirements relating to the use of non-United 
     States Government funds for advocacy and lobbying activities 
     other than those that apply to United States nongovernmental 
     organizations receiving assistance under part I of such Act.

  Mrs. BOXER. Madam President, I rise today with my colleague, Senator 
Olympia Snowe, to offer a very important amendment that could 
significantly enhance the health and well-being of millions of women 
around the globe. This amendment would overturn the so-called Mexico 
City policy, also known as the global gag rule, which undermines a 
number of key principles and goals on which our country is based.
  As many of you know, this policy was put in place at a conference in 
Mexico City in 1984. When we learned what it really did, we dubbed it 
the ``global gag rule.'' As many of my colleagues know, the policy 
literally gags foreign organizations that receive USAID family planning 
funds.
  Let me be clear about this issue. Under the gag rule, international 
family planning organizations that provide perfectly legal family 
planning services with their own funds in the countries in which they 
operate are prohibited from receiving U.S. assistance if they provide 
legal abortion services and those services include counseling or 
referral services, or they also do not get the funds if they publicly 
support the right to comprehensive reproductive health care.
  Let me bring this home to you. I know you are a mom of a young child. 
If a mom walks into one of these family planning clinics that receives 
USAID funds with her 11-year-old daughter who has been raped and wants 
to be counseled as to what the options are or wants to be told where 
she can take that child, this organization will lose all their USAID 
funds if they help that mom and that traumatized daughter. Is this 
America? We are talking about punishing family planning clinics all 
over the world if they use their own funds for perfectly legal 
activities to help families.
  I will give you a clear example. Until 2004, abortion in Ethiopia was 
illegal unless the life of the mother was at stake, and complications 
from unsafe procedures were the second leading cause of death among 
hospitalized women. The Government decided to have a national debate 
about how to fix this problem which was taking a terrible toll on 
Ethiopian women. That is right, the Ethiopian Government said: Let's 
talk about what is right for our people, what is right for our customs, 
what is right for our way of life, and how can we save women's lives.
  In order to weigh in on this debate, the two largest family planning 
organizations in Ethiopia actually had to give up their U.S. funding. 
That is why we call it a gag rule. The organizations were gagged from 
expressing themselves. They could not engage in the debate for fear of 
losing their funds. So the two largest family planning organizations in 
Ethiopia decided they would give up their U.S. assistance in order to 
spare women's lives. Imagine, as a result of this misguided policy, 
U.S. misguided policy, the two largest family planning organizations in 
Ethiopia lost U.S. funds simply because they wanted to weigh in on a 
debate about reproductive health care.
  One of the things about President Bush that we all love is when he 
speaks about democracy and how democracy should be the centerpiece of 
our foreign policy. I ask you, what is democratic about gagging people? 
What is democratic about saying you have no right to free speech unless 
you agree with me? Then, if you agree with me, I support your right to 
speak. That is what the global gag rule is. Free speech is only 
allowed, under this administration, when that speech agrees with them. 
What is happening as a result? Women are dying and there are 
unnecessary abortions. This is a terrible result of this policy. 
Basically, we say to people who are doing hard work to help their 
people: If you don't agree with us, gag it. If you don't gag it, you 
are not going to get funds. This feeds into the stereotype of America 
that is around the world today. Most foreigners do not like us very 
much these days. They look at this administration, and they say that 
our strategy is: Do as we say; don't do as you choose.
  I always thought that a legitimate democracy had the right to self-
determination, that they were not punished if they said what they 
thought. We are not talking about spending a penny of U.S. money for 
abortions abroad. That has been illegal since 1976. We are not talking 
about using one cent of U.S. money to pay for lobbying for abortions. 
That also has been illegal all those years. We are talking, again, 
about gagging family planning organizations that use their own money, 
in a legal way in the country in which they are present, to help women 
who desperately need help, to help children who are raped, to help 
children who are victims of incest.
  In both 2003 and 2005, this Senate debated this exact amendment, and 
it passed with bipartisan support on both occasions. Why am I back? 
Because, sadly, the Senate never took final action on those bills, so 
we need to go back again and back again and back again until there is a 
clear decision on this issue. That clear decision is America, the 
greatest democracy in the world, is not going to tell other countries 
they have to see everything the way a particular administration sees 
it. They should have the right to make their own decisions. As a 
country that believes in democracy, free speech, and improving the 
health and well-being of people all over the world, it is time for us 
once and for all to do away with this harsh and cruel policy. The 
health and lives of millions of women depend on it, and that is why 
repealing this global gag rule is so important.
  This is not a small matter; this is a large matter. In the bill 
currently on the floor of the Senate and in the House bill, some steps 
have been taken to ease the burden of the global gag rule. However, it 
really does not go the distance. The bill before us today tries to 
address it by allowing contraceptives to be provided by the United

[[Page 23787]]

States to international family planning organizations that would 
otherwise be ineligible. But at the end of the day, these organizations 
are still gagged, they still can't lobby for changes in the law in the 
countries in which they work. They still cannot even refer someone for 
an abortion.
  Again, I take the case of the mother who walks into one of these 
clinics with a child who is the victim of rape or incest and the mother 
is desperate: Where can I take my child? Please tell me.
  We can't tell you because if we tell you, we are going to lose our 
funding.
  Meanwhile, the child is losing time here in a battle to save her 
health. That is shameful. That is not something to be proud of.
  Let's face it, these organizations need the funding and they need the 
freedom to exercise the most basic rights of humankind: the rights to 
free speech and expression to try to change policies they think are 
fundamentally wrong. In truth, we need family planning clinics to have 
open doors, not just to provide contraceptive services--which are so 
important--but to attend to all the aspects of reproductive health 
care.
  Let me tell why I get so emotional about this issue. Approximately 
500,000 women die from pregnancy, childbirth, and postpartum 
complications every year--500,000. Think of your largest cities--
500,000 women a year, 1 woman every single minute. This includes deaths 
from a horrific condition known as obstetric fistula, which occurs when 
women's bodies are too young or underdeveloped to give birth. In 
Ethiopia, this problem is particularly prevalent, where child marriage 
rates are extremely high and some girls actually get married at 7, 8, 
and 9 years of age.
  The fact that we as a country would do anything to harm access to 
comprehensive family planning is shameful. This is the 21st century. 
Even if you would never, ever want a member of your family to have an 
abortion, even if you would want a member of your family never to know 
that it even exists as an option, put aside your own feelings and allow 
other people to make their choice.
  Let me give a specific example of what happens when international 
family planning organizations are barred from speaking out against 
injustice in the countries in which they operate. I will tell you a 
story I have told on the floor before, a story that a nongovernmental 
organization leader from Nepal told us at a hearing I chaired in the 
Foreign Relations Committee in 2001.
  Like so many nonprofits, this NGO was forced to make an impossible 
decision when faced with the unjust imprisonment of a 13-year-old girl 
named Min Min. What did Min Min do? A 13-year-old girl--why was she in 
prison? Because she was raped by her uncle. A relative took her for an 
abortion, and instead of going after the uncle, they put her in jail; a 
13-year-old girl, sentenced to 20 years in jail. But because of this 
outrageous gag rule, the organizations that operated inside Nepal were 
faced with a horrific choice: They would either lose their funding or 
they would keep their mouths shut and not try to free Min Min and 
change the laws. Do you know what they did? They gave up the money and 
they struggled, but they did the right thing, because Min Min was raped 
by a relative, she became pregnant, her family forced her to have an 
illegal abortion, and therefore she was sentenced to 20 years in 
prison. Imagine--a 13-year-old girl sent to jail for 20 years for the 
crime of being raped by an uncle.
  Is that the kind of country we are, that we would tie the hands of an 
organization that wants to help that child and tell them: If you try to 
help that child and change the laws here, you lose your American 
funding. Doesn't that make us proud as Americans? No, it doesn't. It 
certainly doesn't make me proud. I hope it doesn't make anyone proud 
who would vote on this important amendment later on today.
  I praise that nongovernmental organization, that health care agency 
for saying: You know what, it is not worth the money; it is not worth 
the money. These countries have people in them who struggle for money. 
This child celebrated her 14th birthday in prison, her 15th birthday in 
prison, but because that health care organization, that NGO, was able 
to change the laws, Min Min was set free. That organization lost 
$100,000 in funding because they saved a child, and they had to let 60 
staff members go. That meant stopping a program that reached more than 
50,000 people in remote communities.
  What are we doing? What are we about? Are we about helping families? 
Oh, we hear it all the time: family values. I have them. I want to help 
that mom who walks into a clinic with a pregnant 11-year-old girl who 
was raped. I don't want to punish the people who help her. I don't see 
how you stand for family values if you do that. It doesn't make sense.
  What we are doing by keeping the gag rule in place is saying to 
clinics and doctors: You have to choose between helping the people in 
your country by speaking out, by offering them referrals and 
counseling, or American dollars. This is not a good policy for this 
country. This is a shameful policy for this country. I am very 
optimistic that, again, we will have a successful vote to overturn this 
global gag order.
  President Bush says he will veto it. Let's have the debate. Let's 
have the debate because I think any moderate, sensible American will 
say this policy is misguided, and at the end of the day women and 
children are being hurt by it.
  I reserve the remainder of my time. I would ask how much time I have 
remaining.
  The PRESIDING OFFICER. The Senator has 13 minutes, 43 seconds.
  Mrs. BOXER. Madam President, I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BROWNBACK. Madam President, I ask unanimous consent that the 
order for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. BROWNBACK. Madam President, in the time I have allotted, I would 
like to respond to some of the arguments put forward by my colleague 
from California, who is a tremendous advocate on the cause and the 
case. We certainly see it a different way, different light. There is a 
term that is starting to move around the world a fair amount today 
because they are seeing it in practice. The term is called gendercide. 
It is a product of family planning institutions in places, 
particularly, such as China and India. There are laws in India, 
particularly, that you cannot reveal the sex of a child in utero 
because so many of the female babies are being killed. Even then they 
are not working as laws. The people doing the sonograms will wink or 
nod to tell whether it is a girl or a boy child. And if it is a girl 
child, a lot of times the parents will go on and go forward with an 
abortion.
  It has a result and effect that is taking place--normal balance 
ratios. You normally have a few more male children born than female 
children. In China your average now is 115 males born per 100 females. 
In some areas in China the ratio is 120 to 130 males to 100 females in 
the country.
  As I mentioned, my own experience with adopting a child from China, 
Jenna--Jenna, a joy in our household. And if you go into a Chinese 
orphanage, it is virtually all female children in a Chinese orphanage. 
There will be some male children. They are the ones who have some 
physical, sometimes mental difficulties, but otherwise it is all girls 
in the orphanage.
  My colleague talks about that women are dying through these policies. 
Yes, they are dying through these policies. Female children around the 
world are being killed through these policies. Female babies are being 
left at orphanages or other places around the world because of these 
policies. I think that is a powerful indictment of a system that still 
forces abortions on people, still forces people to have forced 
sterilizations. I do not think we should be anywhere around these. That 
is why the second bill, on the Kemp-Kasten, I hope would pass the body 
nearly unanimously because it is about forced abortion and forced 
sterilization that is taking place.

[[Page 23788]]

  My colleagues may say, well, I do not think it still goes on. I 
mentioned an article. I only read a piece of the quote in it, but I 
wanted to read further in it.
  Radio Free Asia reported this year that dozens of women in a small 
city in a central province in China were forced to have abortions 
because local officials failed to meet their population targets.
  From a report in Radio Free Asia:

       In one province thousands of farmers rioted in May after 
     family planners levied huge fines against people with too 
     many children. Those that didn't pay were told their homes 
     would be demolished and their belongings seized.

  This is in an AP article and reported by Radio Free Asia. In that 
second amendment I put forward, we are saying: We do not want any part 
of this. We do not want any part of an organization that does support 
this. We do not want to support a coercive family policy in China. We 
do not want to associate with any organization that does. I would hope 
all of my colleagues would say: I do not want to see or be a part of 
anything like that.
  My colleague from California talks about us gagging other people. 
They are free, organizations in every country are free as they want to 
be to advocate any policy they want to. We just do not want to fund it. 
We do not need to fund it. If they want to advocate different abortion 
policies, that is fine. We do not have to pay for it, and we should not 
pay for it, on something that is so controversial here and there. These 
are policies that are controversial in other countries.
  If we dispute over the money, let's use the money to fight malaria or 
AIDS or tuberculosis. We will all agree on doing that. We do not gag 
them. They can do whatever they want. People in those countries get it 
too. If the United States is funding them, we are funding that voice. 
We are associated with that voice. I agree there are terrible things 
that happen in various parts around the world. But these abortion 
policies are not something that we should be supporting or funding, 
with its controversy here and there.
  There is a basic right around the world, a basic right that I think 
trumps all other rights. It is the right to life. It is the right to 
live. Why would we support policies, promote organizations that are 
promoting policies that are opposed to that very basic right? If you do 
not get that one, any of the others do not matter a whole lot, do they? 
If you do not get to live, if you continue to have the kind of 
gendercide and gender imbalances in various countries taking place, you 
are not going to have the voices there. You are not going to have the 
female voices that are there because they are being killed. This is 
happening in our world today. We do not need to do it.
  There is a thought--it is a Proverb actually that says:

       There is a way that seems right to a man, but in the end it 
     is death.

  One can argue for the saying: Well, OK, this is right for us to do. 
We need to support family planning. I do not think so. I do not think 
that is the right way. There are ones who could look at this and say: 
This is about women's rights and we should use this for women's rights. 
I do not think you have to support abortion or abortion provider 
organizations to support women's rights. I think we can do that through 
other means.
  But at the end of the day what this does, and what these policies do, 
is it ends in death. This ends in the death of a lot of children. The 
numbers are there, and they are huge. They are the ones we should not 
be associated with. So I would ask again, my colleagues, on Kemp-Kasten 
to support this language that we would not fund any organizations or 
support any groups that support forced abortion and involuntary 
sterilization. That one I do not think anybody should disagree with, 
and that we should reinsert the Mexico City language that we will not 
support organizations that directly or indirectly support abortion or 
lobby for abortion. These are matters that countries there should take 
care of. If these provisions remain in the bill, the bill is not going 
to become law, and it will be back to us.
  Madam President, I reserve the remainder of my time, and I yield the 
floor.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. BOXER. Madam President, I think this debate has been a good one, 
and Senator Brownback and I are used to debating this issue. I think we 
lay out our case the best we can. But let me be clear. I deplore 
gendercide. I am the mother of a daughter. I would do anything to 
protect her. I deplore hurting girls. I deplore hurting women.
  That is why it is so difficult for me to understand my friend's 
position on the Mexico City global gag rule policy. If he says he 
deplores hurting women, hurting children, hurting girls, then why would 
he support a policy that would punish a health care organization 
operating abroad from using its own funds to protect women, girls, 
children, families? Why would he support that?
  He says: Oh, we are not gagging anybody. They can say anything they 
want. They just will not get our money. Well, this is America. We help 
people who are doing good things. That is the reason at one time we 
were beloved in the world. Is it not a good thing to help an 
organization that is using its own funds to help girls and women, to 
protect an 11-year-old who was raped to make sure she gets the health 
care she needs? Would not we want to think that American funding should 
help get contraceptives to families abroad? Should we help them if they 
have an unintended pregnancy or a rape or incest in their family?
  That is why I do not understand how my friend's rhetoric matches his 
actions. I think it is cruel to continue the global gag rule. I think 
it is cruel to punish an organization that had to give up all of its 
money and all of its staff to go to work to change the law, to free a 
young girl who was raped by her uncle, and instead of the uncle going 
to jail, because of the laws in Nepal at that time, the child went to 
jail, and had her 14th and 15th birthday in jail and could have had 18 
more years in jail had the organization not walked away from U.S. 
funding. How does that make you feel as an American? It makes me feel 
very sad.
  Then my colleague says he agrees that women are dying from these 
policies. But he does not define what are ``these policies.'' Well, let 
me define these policies. Women are dying because of Mexico City 
language, because of the global gag rule known as Mexico City.
  Let me read from the New Republic.

       The destructiveness of the gag rule is hard to overstate. 
     The World Health Organization estimates that nearly 500,000 
     women in developing countries die each year from causes 
     related to pregnancy and childbirth. Of those, roughly 70,000 
     die from back-alley abortions. And aid restrictions have hurt 
     those groups best positioned to help. In Kenya, for example, 
     two health organizations have had to shut down their clinics 
     since 2001 after proving unable to abide by the gag rule and 
     losing their USAID funding. Many of these clinics were the 
     sole providers of health care for women and children in their 
     respective regions, and most had offered post-abortion care--
     critical in a country where abortion is illegal, unsafe, and 
     causes an estimated one-third of maternal deaths annually.

  Imagine a clinic had to shut down its doors because America withheld 
its funding. They could not afford to keep it open. And women came 
crying into the front door there, bleeding from back-alley abortions. 
This is something my friend speaks about as being humane and kind and 
good.
  Well, today the Senate has a chance to take a stand against the 
global gag order. The Senate has a chance to express itself in favor of 
the health of women, of girls. I am proud to be offering this 
amendment.
  I ask unanimous consent to retain the remainder of my time, set aside 
the amendment, at which time we will have a vote on it at a later time.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Who yields time?
  Mr. ENSIGN. Madam President, I ask unanimous consent to set aside the 
pending amendment and call up amendment No. 2700.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. ENSIGN. Madam President, before the clerk reports the amendment,

[[Page 23789]]

I ask unanimous consent that I be recognized for 5 minutes to speak on 
the amendment, followed by--that my amendment be set aside and Senator 
Lieberman be recognized for 5 minutes to call up an amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Nevada [Mr. Ensign] proposes an amendment 
     numbered 2700.

  Mr. ENSIGN. I ask unanimous consent that reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

  (Purpose: To strike the provision in section 113 that increases the 
   limit on the United States' share for United Nations peacekeeping 
 operations during fiscal year 2008 from 25 percent to 27.1 percent so 
that the United States does not pay more than its fair share for United 
                          States peacekeeping)

       On page 231, strike lines 1 through 7.

  Mr. ENSIGN. Madam President, the history of our financial commitment 
to United Nations peacekeeping should be a cautionary tale. For 
instance, from 1988 to 1994, U.N. peacekeeping spiraled out of control 
as the number of operations more than tripled and costs soared from 
$268 million to $3.5 billion. Finally, in 1994, the Democratically 
controlled Congress and President Clinton enacted legislation 
unilaterally reducing the U.S. share of the U.N. peacekeeping budget 
from 31 percent to 25 percent. The annual U.S. peacekeeping bill fell 
from almost $1 billion to around $300 million back in 1997. With the 
historic Helms-Biden U.N. agreement, we managed to clear up our fair 
share of arrears in exchange for much needed reforms.
  Congress later agreed to a glidepath in our peacekeeping assessment 
rate, still maintaining the 25-percent cap in law but permitting higher 
authorized levels as we worked to achieve that goal.
  Last year the United States recognized our assessment at 25 percent; 
the same as the year before. Now in a Democratically controlled 
Congress, there is suddenly a push to roll back this achievement. It is 
estimated that for 2007, each percentage point over the cap costs U.S. 
taxpayers $50 million per year. There is no way the United States 
should pay a penny more than the 25-percent assessed contribution rate. 
Despite scandal after scandal, the U.N. has neglected to adopt any 
reforms that would address the abuse, misconduct, mismanagement, and 
corruption that have plagued its peacekeeping operations and the body 
as a whole. United Nations peacekeepers are reported to have committed 
such egregious crimes as the rape and forced prostitution of the women 
and young girls they are sent to protect, all under the protection of 
the blue helmet. Peacekeepers have also been accused of torturing and 
murdering prisoners in their efforts to smuggle gold and arms to the 
rebels they were charged with disarming. Tell me how these actions such 
as these are worth more money.
  The United Nations cannot even spend the billions of dollars they 
receive now in a manner that is above reproach. According to the U.N. 
Office of Internal Oversight, from the audit of $1 billion in U.N. 
peacekeeping contracts over a 6-year period, $298 million was subject 
to waste, fraud, and abuse.
  I rise in support of this amendment that would actually keep our 
assessment rate at the 25-percent rate instead of what is in the bill, 
raising it to 27.1 percent. I personally think we should decrease it 
even further, but the least we should do is keep it at the 25-percent 
rate.
  I urge adoption of the amendment and ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. ENSIGN. I yield the floor.
  The PRESIDING OFFICER. The Senator from Connecticut is recognized.


                           Amendment No. 2691

  Mr. LIEBERMAN. Madam President, I call up amendment No. 2691.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Connecticut [Mr. Lieberman], for himself, 
     Mr. Brownback, Mr. Kyl, Mr. Graham, and Mr. Coleman, proposes 
     an amendment numbered 2691.

  Mr. LIEBERMAN. I ask unanimous consent that reading of the amendment 
be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To provide that, of the amount appropriated or otherwise made 
  available for the Economic Support Fund, $75,000,000 shall be made 
  available for programs of the Bureau of Near Eastern Affairs of the 
    Department of State to support democracy, the rule of law, and 
                          governance in Iran)

       On page 410, between lines 15 and 16, insert the following:


     SUPPORT FOR DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN

       Sec. 699B. Of the amount appropriated or otherwise made 
     available by title III for other bilateral economic 
     assistance under the heading ``Economic Support Fund'', 
     $75,000,000 shall be made available for programs of the 
     Bureau of Near Eastern Affairs of the Department of State to 
     support democracy, the rule of law, and governance in Iran.

  Mr. LIEBERMAN. Madam President, this is an amendment I am pleased to 
offer with Senators Brownback and Kyl. It would restore the $75 million 
requested by the administration to support programs of democracy, rule 
of law, and governance in Iran.
  I ask unanimous consent that Senators Coleman and Graham be added as 
original sponsors.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. No government today poses a greater threat to the 
United States, indeed, to the Middle East and probably to the world, 
than the Islamic Republic of Iran. We are all aware of the belligerent 
international behavior of the Iranian regime, its efforts to develop 
nuclear weapons, its use of Islamist terrorist groups such as Hamas, 
Hezbollah, and the Taliban, to undermine moderate governments across 
the Middle East, its designation by the United States State Department 
as the No. 1 state sponsor of terror and, of course, its escalating 
proxy war against American troops and Iraqi civilians and military in 
Iraq, where the Iranian Revolutionary Guard has been training, arming, 
equipping, and directing terrorists who are responsible in turn for the 
murder of hundreds of American soldiers and the murder of thousands of 
Iraqi civilians and soldiers.
  What may, I fear, be less appreciated is that Iran's extremist 
terrorist behavior abroad is matched by equally extremist behavior at 
home. Just as the Iranian regime has been supporting the forces of 
repression and terror against the people of Lebanon, Palestine, Iraq, 
and Afghanistan, it is also escalating a campaign of repression and 
terror against its own citizens, the people of Iran. As the New York 
Times reported yesterday, the Iranian Government has in recent months 
``arrested prominent intellectuals, suppressed the Iranian student 
movement, rolled back social freedoms, purged university faculties, 
[and] closed newspapers.''
  This assault on Iranian civil society has been well documented by the 
most prominent international human rights nongovernmental 
organizations. Amnesty International, for instance, reports that ``in 
recent months, the Iranian authorities have been carrying out a 
widespread crackdown on civil society, targeting academics, women's 
rights activists, students, journalists and labor organizations.''
  Dissidents and democrats in Iran today are under attack by their own 
Government. The question before this Congress is whether we are going 
to stand with them in solidarity or whether we will turn away our 
heads. This amendment would provide $75 million in funds, the amount 
requested by the administration; in fact, announced by Secretary of 
State Rice. That announcement, I know from sources I have, was broadly 
heard and appreciated within the Iranian civil society dissident 
movement. The committee

[[Page 23790]]

has recommended one-third of that amount of money. This $75 million 
would go to labor activists, women's groups, journalists, human rights 
advocates, and other members of Iranian civil society. It provides 
Congress an opportunity to demonstrate that even as we condemn the 
behavior of the Iranian regime, we stand with the Iranian people, a 
people with a proud history who truly are, in my opinion, yearning to 
be free. That freedom is suppressed by the fanatical regime that 
dominates their lives today.
  The alternative path before Congress, if we don't adopt this 
amendment, would be to cut the administration's request by two-thirds. 
At that level of funding, existing programs will not only be unable to 
expand, they will actually be cut back. In other words, at just the 
moment when the Iranian Government is engaged in an unprecedented 
rollback of the human rights and political freedoms of the Iranian 
people, the American Government will be rolling back its own programs 
to help defend those rights and freedoms. Why would we do this?
  The report language of the Appropriations subcommittee, I say 
respectfully, says that ``the Committee supports the goals of promoting 
democracy in Iran,'' but ``it is particularly concerned that grantees 
suspected of receiving U.S. assistance have been harassed and arrested 
by the Government of Iran for their pro-democracy activities.''
  I ask unanimous consent to be given another 5 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. In other words, the argument against this amendment 
seems to be that we should give less to help dissidents in Iran because 
our help, in turn, may lead to their harassment by the totalitarian 
government in Tehran. I respectfully disagree with this logic. I know 
that we do not give less to democracy advocates in Myanmar or Zimbabwe 
or Belarus when they are being harassed by the regime, nor do we give 
less to freedom fighters behind the Iron Curtain in Poland, 
Czechoslovakia, and Hungary. On the contrary, it is precisely when 
dissidents are under attack that they need more help from the United 
States, not less. I am sure my colleagues would agree that if we give 
less money to these civil society human rights activists in Iran, the 
Iranian regime will not repress them any less. The repression probably, 
in fact, will be greater. As to the argument that those who accept this 
money--and I can say, speaking generally, that the money is given 
through third parties, international organizations, to the civil 
society human rights advocates in Iran--that somehow they will be 
harassed for receiving this money, I believe the just and right thing 
to do is leave that decision to those who are fighting for freedom in 
Iran, for us to be willing to help them if they want that help. The 
record is clear there.
  Since the State Department began making these grants 8 months ago, 90 
percent of the fiscal year 2006 funds have been obligated, with the 
remaining funds expected to be obligated by mid-September. Perhaps 
there are some Iranian groups that do not want our funding, but it is 
clear that many others do. The need is great. It is beyond the $75 
million this amendment would provide. That choice should be theirs. Our 
moral responsibility is to make the money available to these courageous 
fighters for freedom in Iran, those who want not only more freedom but 
a better future for themselves and their children.
  I want to close by saying that we know from history that dissidents 
can change history, because history is made not by abstract, inexorable 
forces but by individual human beings such as Vaclav Havel or Lech 
Walesa or Andrei Sakharov or Natan Sharansky. It was the bravery of 
these people that kindled our moral imagination to see the suffering of 
millions behind the Iron Curtain, and it was their leadership that 
inspired millions more to cast off their shackles and overthrow a cruel 
and dictatorial system of Communist government that many thought would 
endure forever. Like the Communist terrorists of eastern Europe, the 
leaders of the Islamic Republic of Iran repress their people because 
they are frightened of them. They know how powerful the dissidents and 
the democrats in their midst can become. These are the people to whom 
this money would go. That is the reason my colleagues and I have 
offered this amendment.
  I ask all Members of the Senate to support it, and I thank the Chair.
  I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There appears to be a sufficient second.
  The yeas and nays were ordered.
  Mr. LIEBERMAN. I yield the floor.
  The PRESIDING OFFICER. The Senator from Iowa is recognized.

                          ____________________