Source: http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c110OL5Ceh http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c110OL5Ceh
Date: June 22, 2007

HR 2764 RFS 
110th CONGRESS
1st Session
H. R. 2764
IN THE SENATE OF THE UNITED STATES
June 22, 2007
Received; read twice and referred to the Committee on Appropriations 

AN ACT
Making appropriations for the Department of State, foreign operations, and related programs for the fiscal year ending September 30, 2008, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2008, and for other purposes, namely:
TITLE I
DEPARTMENT OF STATE
DEPARTMENT OF STATE AND RELATED AGENCIES
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the Foreign Service not otherwise provided for, including employment, without regard to civil service and classification laws, of persons on a temporary basis (not to exceed $700,000 of this appropriation), as authorized by section 801 of the United States Information and Educational Exchange Act of 1948; representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress; arms control, nonproliferation and disarmament activities as authorized; acquisition by exchange or purchase of passenger motor vehicles as authorized by law; and for expenses of general administration, $3,820,018,000 (reduced by $36,700,000) (reduced by $1,000,000): Provided, That of the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds in the `Emergencies in the Diplomatic and Consular Service' appropriations account, to be available only for emergency evacuations and terrorism rewards: Provided further, That of the amount made available under this heading, not less than $363,905,000 shall be available only for public diplomacy international information programs: Provided further, That of the amount appropriated under this heading, $5,000,000 shall be available for the Secretary to establish and operate a public/private interagency public diplomacy center which shall serve as a program integration and coordination entity for United States public diplomacy programs: Provided further, That of the amounts appropriated under this heading, $4,000,000, to remain available until expended, shall be for compensation to the families of members of the Foreign Service or other United States Government employees or their dependents, who were killed in terrorist attacks since 1979: Provided further, That none of the funds made available for compensation in the previous proviso may be obligated without specific authorization in a subsequent Act of Congress: Provided further, That of the amount made available under this heading, $3,000,000 shall be available only for the operations of the Office on Right-Sizing the United States Government Overseas Presence: Provided further, That not less than $5,000,000 shall be for the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union (title VIII) as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4501-4508, as amended): Provided further, That funds available under this heading may be available for a United States Government interagency task force to examine, coordinate and oversee United States participation in the United Nations headquarters renovation project: Provided further, That no funds may be obligated or expended for processing licenses for the export of satellites of United States origin (including commercial satellites and satellite components) to the People's Republic of China unless, at least 15 days in advance, the Committees on Appropriations of the House of Representatives and the Senate are notified of such proposed action: Provided further, That funds appropriated under this heading are available, pursuant to 31 U.S.C. 1108(g), for the field examination of programs and activities in the United States funded from any account contained in this title.
In addition, not to exceed $1,558,390 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act; in addition, as authorized by section 5 of such Act, $490,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section; in addition, as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $6,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and, in addition, not to exceed $15,000, which shall be derived from reimbursements, surcharges, and fees for use of Blair House facilities.
In addition, for the costs of worldwide security upgrades, $964,760,000, to remain available until expended.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund, $59,062,000, to remain available until expended, as authorized: Provided, That section 135(e) of Public Law 103-236 shall not apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, $32,508,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (Public Law 96-465), as it relates to post inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs, as authorized, $501,400,000, to remain available until expended: Provided, That not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor programs as authorized: Provided further, That of the amount made available under this heading, $6,000,000 shall be transferred to the Fund established by section 313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151).
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,175,000.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary of State to provide for extraordinary protective services, as authorized, $28,000,000, to remain available until September 30, 2009.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, repairing, and planning for buildings that are owned or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building, and carrying out the Diplomatic Security Construction Program as authorized, $729,898,000, to remain available until expended as authorized, of which not to exceed $25,000 may be used for domestic and overseas representation as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $806,900,000, to remain available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Consular Service, $14,000,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to and merged with the `Repatriation Loans Program Account', subject to the same terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $678,000, as authorized: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.
In addition, for administrative expenses necessary to carry out the direct loan program, $607,000, which may be transferred to and merged with funds in the `Diplomatic and Consular Programs' account.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act (Public Law 96-8), $16,351,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and Disability Fund, as authorized by law, $158,900,000.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For expenses, not otherwise provided for, necessary to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $1,354,400,000: Provided, That the Secretary of State shall, at the time of the submission of the President's budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations: Provided further, That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget and cause the United Nations budget for the biennium 2008-2009 to exceed the revised United Nations budget level for the biennium 2006-2007 of $4,173,895,900: Provided further, That any payment of arrearages under this title shall be directed toward special activities that are mutually agreed upon by the United States and the respective international organization: Provided further, That none of the funds appropriated in this paragraph shall be available for a United States contribution to an international organization for the United States share of interest costs made known to the United States Government by such organization for loans incurred on or after October 1, 1984, through external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $1,302,000,000, of which 15 percent shall remain available until September 30, 2009: Provided, That none of the funds made available under this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for the new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable): (1) the Committees on Appropriations and other appropriate committees of the Congress are notified of the estimated cost and length of the mission, the national interest that will be served, and the planned exit strategy; (2) the Committees on Appropriations and other appropriate committees of the Congress are notified that the United Nations has taken appropriate measures to prevent United Nations employees, contractor personnel, and peacekeeping forces serving in any United Nations peacekeeping mission from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation, and to hold accountable individuals who engage in such acts while participating in the peacekeeping mission, including the prosecution in their home countries of such individuals in connection with such acts; and (3) a reprogramming of funds pursuant to section 615 of this Act is submitted, and the procedures therein followed, setting forth the source of funds that will be used to pay for the cost of the new or expanded mission: Provided further, That funds shall be available for peacekeeping expenses only upon a certification by the Secretary of State to the appropriate committees of the Congress that American manufacturers and suppliers are being given opportunities to provide equipment, services, and material for United Nations peacekeeping activities equal to those being given to foreign manufacturers and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for, $30,430,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized projects, $15,725,000, to remain available until expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or Great Britain, and for the Border Environment Cooperation Commission as authorized by Public Law 103-182, $10,630,000, of which not to exceed $9,000 shall be available for representation expenses incurred by the International Joint Commission.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $26,000,000: Provided, That the United States share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324.
Other
PAYMENT TO THE ASIA FOUNDATION
For a grant to the Asia Foundation, as authorized by the Asia Foundation Act (22 U.S.C. 4402), $15,000,000, to remain available until expended, as authorized.
CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, the total amount of the interest and earnings accruing to such Fund on or before September 30, 2008, to remain available until expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2008, to remain available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for purposes which are not in accordance with OMB Circulars A-110 (Uniform Administrative Requirements) and A-122 (Cost Principles for Non-profit Organizations), including the restrictions on compensation for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2008, to remain available until expended.
NATIONAL ENDOWMENT FOR DEMOCRACY
For grants made by the Department of State to the National Endowment for Democracy as authorized by the National Endowment for Democracy Act, $80,000,000, to remain available until expended.
RELATED AGENCIES
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For expenses necessary to enable the Broadcasting Board of Governors, as authorized, to carry out international communication activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception and purchase, lease, and installation of necessary equipment for radio and television transmission and reception to Cuba, and to make and supervise grants for radio and television broadcasting to the Middle East, $671,632,000 (increased by $10,000,000) (reduced by $10,000,000): Provided, That of the total amount in this heading, not to exceed $16,000 may be used for official receptions within the United States as authorized, not to exceed $35,000 may be used for representation abroad as authorized, and not to exceed $39,000 may be used for official reception and representation expenses of Radio Free Europe/Radio Liberty; and in addition, notwithstanding any other provision of law, not to exceed $2,000,000 in receipts from advertising and revenue from business ventures, not to exceed $500,000 in receipts from cooperating international organizations, and not to exceed $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $10,748,000, to remain available until expended, as authorized.
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For expenses for the Commission for the Preservation of America's Heritage Abroad, $499,000, as authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 (Public Law 105-292), $3,400,000, to remain available until September 30, 2009.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94-304, $2,037,000, to remain available until September 30, 2009.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commission on the People's Republic of China, as authorized, $2,000,000, including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2009.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic and Security Review Commission, $4,000,000, including not more than $5,000 for the purpose of official representation, to remain available until September 30, 2009: Provided, That for purposes of costs relating to printing and binding, the Commission shall be deemed, effective on the date of its establishment, to be a committee of Congress: Provided further, That compensation for the executive director of the Commission may not exceed the rate payable for level II of the Executive Schedule under section 5314 of title 5, United States Code: Provided further, That section 1238(c)(1) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001, is amended by striking `June' and inserting `December': Provided further, That travel by members of the Commission and its staff shall be arranged and conducted under the rules and procedures applying to travel by members of the House of Representatives and its staff: Provided further, That section 1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 is amended by striking subsection (g).
United States Institute of Peace
OPERATING EXPENSES
For necessary expenses of the United States Institute of Peace as authorized in the United States Institute of Peace Act, $25,000,000 (increased by $1,000,000), to remain available until September 30, 2009.
GENERAL PROVISIONS--DEPARTMENT OF STATE AND RELATED AGENCIES
ALLOWANCES AND DIFFERENTIALS
SEC. 101. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States Code; for services as authorized by 5 U.S.C. 3109; and for hire of passenger transportation pursuant to 31 U.S.C. 1343(b).
UNOBLIGATED BALANCES REPORT
SEC. 102. The Department of State and the Broadcasting Board of Governors shall provide to the Committees on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were received by such agency during any previous fiscal year.
EMBASSY CONSTRUCTION
SEC. 103. (a) Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplomatic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such department or agency has not provided to the Department of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106-113 and contained in appendix G of that Act; 113 Stat. 1501A-453), as amended by section 629 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the Marine Corps.
PEACEKEEPING MISSIONS
SEC. 104. None of the funds made available under title I of this Act may be used for any United Nations undertaking when it is made known to the Federal official having authority to obligate or expend such funds that: (1) the United Nations undertaking is a peacekeeping mission; (2) such undertaking will involve United States Armed Forces under the command or operational control of a foreign national; and (3) the President's military advisors have not submitted to the President a recommendation that such involvement is in the national security interests of the United States and the President has not submitted to the Congress such a recommendation.
DENIAL OF VISAS
SEC. 105. (a) None of the funds appropriated or otherwise made available under title I of this Act shall be expended for any purpose for which appropriations are prohibited by section 616 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subsections (b) and (c) of section 616 of that Act shall continue to apply during fiscal year 2008.
SENIOR POLICY OPERATING GROUP
SEC. 106. (a) The Senior Policy Operating Group on Trafficking in Persons, established under section 105(f) of the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, shall coordinate all such policies related to the activities of traffickers and victims of severe forms of trafficking.
(b) None of the funds provided under title I of this or any other Act making appropriations for Department of State and Related Agencies shall be expended to perform functions that duplicate coordinating responsibilities of the Operating Group.
(c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 105(f).
UNITED STATES CITIZENS BORN IN JERUSALEM
SEC. 107. For the purposes of registration of birth, certification of nationality, or issuance of a passport of a United States citizen born in the city of Jerusalem, the Secretary of State shall, upon request of the citizen, record the place of birth as Israel.
e-government initiatives
SEC. 108. Any funds provided under title I of this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 615 of this Act.
CONSULTING SERVICES
SEC. 109. The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
LIMITATION ON DIPLOMATIC OR CONSULAR POST IN
THE SOCIALIST REPUBLIC OF VIETNAM
SEC. 110. (a) None of the funds appropriated or otherwise made available under title I of this Act shall be expended for any purpose for which appropriations are prohibited by section 609 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999.
(b) The requirements in subparagraphs (A) and (B) of section 609 of that Act shall continue to apply during fiscal year 2008.
STATE DEPARTMENT AUTHORITIES
SEC. 111. Funds appropriated under title I of this Act for the Broadcasting Board of Governors and the Department of State may be obligated and expended notwithstanding section 15 of the State Department Basic Authorities Act of 1956, section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 414(a)(1)).
RESTRICTION ON CONTRIBUTIONS TO THE UNITED NATIONS
SEC. 112. None of the funds appropriated or otherwise made available under title I of this Act may be made available to pay any contribution of the United States to the United Nations if the United Nations implements or imposes any taxation on any United States persons.
PERSONNEL ACTIONS
SEC. 113. Any costs incurred by a department or agency funded under this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 615(a) and (b) of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
RESTRICTIONS ON UNITED NATIONS DELEGATIONS
SEC. 114. None of the funds made available under title I of this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), has provided support for acts of international terrorism.
TITLE II--EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $1,000,000, to remain available until September 30, 2009.
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided further, That notwithstanding section 1(c) of Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-428 shall remain in effect through October 1, 2008: Provided further, That not less than 10 percent of the aggregate loan, guarantee, and insurance authority available to the Export-Import Bank under this or any prior Act should be used for renewable energy and environmentally beneficial products and services.
SUBSIDY APPROPRIATION
For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, $68,000,000, to remain available until September 30, 2011: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such sums shall remain available until September 30, 2026, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2008, 2009, 2010, and 2011: Provided further, That none of the funds appropriated by this Act or any prior Act appropriating funds for foreign operations, export financing, and related programs for tied-aid credits or grants may be used for any other purpose except through the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph are made available notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, in connection with the purchase or lease of any product by any Eastern European country, any Baltic State or any agency or national thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, $78,000,000: Provided, That the Export-Import Bank may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further, That, notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in effect until October 1, 2008.
Overseas Private Investment Corporation
NON-CREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized to make, without regard to fiscal year limitations, as provided by 31 U.S.C. 9104, such expenditures and commitments within the limits of funds available to it and in accordance with law as may be necessary: Provided, That the amount available for administrative expenses to carry out the credit and insurance programs (including an amount for official reception and representation expenses which shall not exceed $35,000) shall not exceed $47,500,000: Provided further, That project-specific transaction costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided to specific investors or potential investors pursuant to section 234 of the Foreign Assistance Act of 1961, shall not be considered administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $20,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be derived by transfer from the Overseas Private Investment Corporation Non-Credit Account: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2008, 2009, and 2010: Provided further, That funds so obligated in fiscal year 2008 remain available for disbursement through 2016; funds obligated in fiscal year 2009 remain available for disbursement through 2017; funds obligated in fiscal year 2010 remain available for disbursement through 2018: Provided further, That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title IV of the Foreign Assistance Act of 1961 in Iraq: Provided further, That funds made available pursuant to the authority of the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation Non-Credit Account and merged with said account.
Trade and Development Agency
For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $50,400,000, to remain available until September 30, 2009.
TITLE III--BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For expenses necessary to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2008, unless otherwise specified herein, as follows:
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
CHILD SURVIVAL AND HEALTH PROGRAMS FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for child survival, health, and family planning/reproductive health activities, in addition to funds otherwise available for such purposes, $1,955,150,000 (reduced by $25,000,000) (increased by $50,000,000) (increased by $5,000,000) (reduced by $5,000,000), to remain available until September 30, 2009: Provided, That this amount shall be made available for such activities as: (1) immunization programs; (2) oral rehydration programs and pneumonia prevention and treatment programs; (3) health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assistance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other infectious diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; and (6) family planning/reproductive health: Provided further, That none of the funds appropriated under this heading may be made available for nonproject assistance, except that funds may be made available for such assistance for ongoing health activities: Provided further, That of the funds appropriated under this heading, not to exceed $350,000, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of child survival, maternal and family planning/reproductive health, and infectious disease programs: Provided further, That the following amounts should be allocated as follows: $374,150,000 for child survival and maternal health; $15,000,000 for vulnerable children; $350,000,000 for HIV/AIDS; $591,000,000 for other infectious diseases; and $375,000,000 for family planning/reproductive health, including in areas where population growth threatens biodiversity or endangered species: Provided further, That of the funds appropriated under this heading, and in addition to funds allocated under the previous proviso, not less than $250,000,000 shall be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria (the `Global Fund'), and shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That of the funds appropriated under this heading, $70,000,000 should be made available for a United States contribution to The GAVI Fund, and up to $6,000,000 may be transferred to and merged with funds appropriated by this Act under the heading `Operating Expenses of the United States Agency for International Development' for costs directly related to international health, but funds made available for such costs may not be derived from amounts made available for contributions under this and preceding provisos: Provided further, That none of the funds made available in this Act nor any unobligated balances from prior appropriations may be made available to any organization or program which, as determined by the President of the United States, supports or participates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made no later than six months after the date of enactment of this Act, and must be accompanied by a comprehensive analysis as well as the complete evidence and criteria utilized to make the determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes); (2) the project shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; (3) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual's decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and (5) the project shall ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the Administrator of the United States Agency for International Development determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action taken by the Agency: Provided further, That in awarding grants for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because of such applicant's religious or conscientious commitment to offer only natural family planning; and, additionally, all such applicants shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing or appropriating funds for foreign operations, export financing, and related programs, the term `motivate', as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further, That to the maximum extent feasible, taking into consideration cost, timely availability, and best health practices, funds appropriated in this Act or prior appropriations Acts that are made available for condom procurement shall be made available only for the procurement of condoms manufactured in the United States: Provided further, That information provided about the use of condoms as part of projects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections 103, 105, 106, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $1,733,760,000 (increased by $5,000,000) (reduced by $5,000,000), to remain available until September 30, 2009: Provided, That $519,000,000 shall be allocated for basic education: Provided further, That of the funds appropriated under this heading and managed by the United States Agency for International Development Bureau of Democracy, Conflict, and Humanitarian Assistance, not less than $35,000,000 shall be made available only for programs to improve women's leadership capacity in recipient countries: Provided further, That such funds may not be made available for construction: Provided further, That of the funds appropriated in this Act, $300,000,000 shall be made available for access to safe water and water management programs: Provided further, That of the funds appropriated under this heading, $175,000,000 shall be made available for biodiversity and environmental programs: Provided further, That of the funds appropriated under this heading that are made available for assistance programs for displaced and orphaned children and victims of war, not to exceed $42,500, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of such programs: Provided further, That funds appropriated under this heading should be made available for programs in sub-Saharan Africa to address sexual and gender-based violence.
INTERNATIONAL DISASTER AND FAMINE ASSISTANCE
For necessary expenses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $322,350,000, to remain available until expended, of which $20,000,000 should be for famine prevention and relief.
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, $40,000,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided, That such support may include assistance to develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the United States Agency for International Development shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided by the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961, up to $21,000,000 may be derived by transfer from funds appropriated by this Act to carry out part I of such Act and under the heading `Assistance for Eastern Europe and the Baltic States': Provided, That such funds shall be made available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part I of the Act: Provided further, That such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional Budget Act of 1974, as amended: Provided further, That funds made available by this paragraph may be used for the cost of modifying any such guaranteed loans under this Act or prior Acts, and funds used for such costs shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d) (relating to general provisions applicable to the Development Credit Authority) of the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 1486 as reported by the House Committee on International Relations on May 9, 1997, shall be applicable to direct loans and loan guarantees provided under this heading: Provided further, That these funds are available to subsidize total loan principal, any portion of which is to be guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out credit programs administered by the United States Agency for International Development, $7,400,000, which may be transferred to and merged with the appropriation for Operating Expenses of the United States Agency for International Development: Provided, That funds made available under this heading shall remain available until September 30, 2010.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $625,700,000, of which up to $25,000,000 may remain available until September 30, 2009: Provided, That none of the funds appropriated under this heading and under the heading `Capital Investment Fund' may be made available to finance the construction (including architect and engineering services), purchase, or long-term lease of offices for use by the United States Agency for International Development, unless the Administrator has identified such proposed construction (including architect and engineering services), purchase, or long-term lease of offices in a report submitted to the Committees on Appropriations at least 15 days prior to the obligation of these funds for such purposes: Provided further, That the previous proviso shall not apply where the total cost of construction (including architect and engineering services), purchase, or long-term lease of offices does not exceed $1,000,000: Provided further, That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through fiscal year 2009: Provided further, That none of the funds in this Act may be used to open or close an overseas mission of the United States Agency for International Development without the prior written notification to the Committees on Appropriations: Provided further, That the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to `Operating Expenses of the United States Agency for International Development' in accordance with the provisions of those sections: Provided further, That none of the funds appropriated by this Act or any prior Act making appropriations for foreign operations, export financing, or related programs may be used by the United States Agency for International Development for the rent of buildings and space in buildings in the United States pursuant to the authority of section 636(a)(1) of the Foreign Assistance Act of 1961: Provided further, That the previous proviso shall not apply to any lease, agreement, or other instrument executed for the purpose of maintaining United States Agency for International Development continuity of operations and to the cost of terminating the domestic lease executed on September 30, 2005.
CAPITAL INVESTMENT FUND OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $87,300,000, to remain available until expended: Provided, That this amount is in addition to funds otherwise available for such purposes: Provided further, That funds appropriated under this heading shall be available for obligation only pursuant to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, not to exceed $75,144,500 may be made available for the purposes of implementing the Capital Security Cost Sharing Program.
OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $38,000,000, to remain available until September 30, 2009, which sum shall be available for the Office of the Inspector General of the United States Agency for International Development.
Other Bilateral Economic Assistance
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of chapter 4 of part II, $2,656,506,000 (reduced by $25,000,000) (increased by $75,000,000) (reduced by $75,000,000) (increased by $36,700,000), to remain available until September 30, 2009: Provided, That of the funds appropriated under this heading, not less than $415,000,000 shall be available only for Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic and political reforms which are additional to those which were undertaken in previous fiscal years: Provided further, That with respect to the provision of assistance for Egypt for democracy and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the Government of Egypt: Provided further, That of the funds appropriated under this heading for assistance for Egypt, not less than $135,000,000 shall be made available for project assistance, of which not less than $50,000,000 shall be made available for democracy, human rights and governance programs and not less than $50,000,000 shall be used for education programs: Provided further, That $11,000,000 of the funds appropriated under this heading should be made available for Cyprus to be used for scholarships, administrative support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus: Provided further, That of the funds appropriated under this heading, not less than $263,547,000 should be made available only for assistance for Jordan: Provided further, That of the funds appropriated under this heading not more than $63,500,000 may be made available for assistance for the West Bank and Gaza: Provided further, That $45,000,000 of the funds appropriated under this heading shall be made available for assistance for Lebanon, of which not less than $10,000,000 should be made available for scholarships and direct support of American educational institutions in Lebanon: Provided further, That not more than $300,000,000 of the funds made available for assistance for Afghanistan under this heading may be obligated for such assistance until the Secretary of State certifies to the Committees on Appropriations that the Government of Afghanistan at both the national and provincial level is cooperating fully with United States funded poppy eradication and interdiction efforts in Afghanistan: Provided further, That the President may waive the previous proviso if he determines and reports to the Committees on Appropriations that to do so is vital to the national security interests of the United States: Provided further, That such report shall include an analysis of the steps being taken by the Government of Afghanistan, at the national and provincial level, to cooperate fully with United States funded poppy eradication and interdiction efforts in Afghanistan: Provided further, That of the funds appropriated under this heading, not less than $218,500,000 is available only to carry out programs in Colombia and may be transferred to `DEVELOPMENT ASSISTANCE' to continue programs administered by the United States Agency for International Development: Provided further, That of the funds appropriated under this heading that are available for assistance for the Democratic Republic of Timor-Leste, up to $1,000,000 may be available for administrative expenses of the United States Agency for International Development: Provided further, That notwithstanding any other provision of law, funds appropriated under this heading may be made available for programs and activities for the Central Highlands of Vietnam: Provided further, That funds appropriated under this heading that are made available for a Middle East Financing Facility, Middle East Enterprise Fund, or any other similar entity in the Middle East shall be subject to the regular notification procedures of the Committees on Appropriations.
INTERNATIONAL FUND FOR IRELAND
For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $15,000,000, which shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99-415): Provided, That such amount shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That funds made available under this heading shall remain available until September 30, 2009.
ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES
(a) For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for East European Democracy (SEED) Act of 1989, $297,332,000, to remain available until September 30, 2009, which shall be available, notwithstanding any other provision of law, for assistance and for related programs for Eastern Europe and the Baltic States.
(b) Funds appropriated under this heading shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.
(c) The provisions of section 628 of this Act shall apply to funds appropriated under this heading: Provided, That notwithstanding any provision of this or any other Act, including provisions in this subsection regarding the application of section 628 of this Act, local currencies generated by, or converted from, funds appropriated by this Act and by previous appropriations Acts and made available for the economic revitalization program in Bosnia may be used in Eastern Europe and the Baltic States to carry out the provisions of the Foreign Assistance Act of 1961 and the Support for East European Democracy SEED Act of 1989.
(d) The President is authorized to withhold funds appropriated under this heading made available for economic revitalization programs in Bosnia and Herzegovina, if he determines and certifies to the Committees on Appropriations that the Federation of Bosnia and Herzegovina has not complied with article III of annex 1-A of the General Framework Agreement for Peace in Bosnia and Herzegovina concerning the withdrawal of foreign forces, and that intelligence cooperation on training, investigations, and related activities between state sponsors of terrorism and terrorist organizations and Bosnian officials has not been terminated.
ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION
(a) For necessary expenses to carry out the provisions of chapters 11 and 12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM Support Act, for assistance for the Independent States of the former Soviet Union and for related programs, $397,585,000, to remain available until September 30, 2009: Provided, That the provisions of such chapters shall apply to funds appropriated by this paragraph: Provided further, That funds made available for the Southern Caucasus region may be used, notwithstanding any other provision of law, for confidence-building measures and other activities in furtherance of the peaceful resolution of the regional conflicts, especially those in the vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That notwithstanding any other provision of law, funds appropriated under this heading in this Act or prior Acts making appropriations for foreign operations, export financing, and related programs, that are made available pursuant to the provisions of section 807 of Public Law 102-511 shall be subject to a 6 percent ceiling on administrative expenses.
(b) Of the funds appropriated under this heading, not less than $52,200,000 should be made available, in addition to funds otherwise available for such purposes, for assistance for child survival, environmental and reproductive health, and to combat HIV/AIDS, tuberculosis and other infectious diseases, and for related activities.
(c)(1) Of the funds appropriated under this heading that are allocated for assistance for the Government of the Russian Federation, 60 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation--
(A) has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and
(B) is providing full access to international non-governmental organizations providing humanitarian relief to refugees and internally displaced persons in Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; and
(B) activities authorized under title V (Nonproliferation and Disarmament Programs and Activities) of the FREEDOM Support Act.
(d) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(3) any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other assistance provided by the Overseas Private Investment Corporation under title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act of 1945; or
(6) humanitarian assistance.
Independent Agencies
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $19,000,000, to remain available until September 30, 2009.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980, Public Law 96-533, $30,000,000, to remain available until September 30, 2009: Provided, That funds made available to grantees may be invested pending expenditure for project purposes when authorized by the Board of Directors of the Foundation: Provided further, That interest earned shall be used only for the purposes for which the grant was made: Provided further, That notwithstanding section 505(a)(2) of the African Development Foundation Act: (1) in exceptional circumstances the Board of Directors of the Foundation may waive the $250,000 limitation contained in that section with respect to a project; and (2) a project may exceed the limitation by up to $10,000 if the increase is due solely to foreign currency fluctuation: Provided further, That the Foundation shall provide a report to the Committees on Appropriations after each time such waiver authority is exercised.
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the Peace Corps Act (75 Stat. 612), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $333,500,000, to remain available until September 30, 2009: Provided, That none of the funds appropriated under this heading shall be used to pay for abortions: Provided further, That the Director may transfer to the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, an amount not to exceed $2,000,000: Provided further, That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations.
MILLENNIUM CHALLENGE CORPORATION
For necessary expenses for the `Millennium Challenge Corporation', $1,800,000,0000, to remain available until expended: Provided, That of the funds appropriated under this heading, up to $95,000,000 may be available for administrative expenses of the Millennium Challenge Corporation: Provided further, That up to 10 percent of the funds appropriated under this heading may be made available to carry out the purposes of section 616 of the Millennium Challenge Act of 2003 for candidate countries for fiscal year 2008: Provided further, That none of the funds available to carry out section 616 of such Act may be made available until the Chief Executive Officer of the Millennium Challenge Corporation provides a report to the Committees on Appropriations listing the candidate countries that will be receiving assistance under section 616 of such Act, the level of assistance proposed for each such country, a description of the proposed programs, projects and activities, and the implementing agency or agencies of the United States Government: Provided further, That section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply to funds appropriated under this heading: Provided further, That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact.
Department of State
GLOBAL HIV/AIDS INITIATIVE
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, HIV/AIDS, including administrative expenses of the Office of the Global AIDS Coordinator, $4,450,000,000, to remain available until expended, of which $300,000,000 shall be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That funds made available under this heading and under the heading `Child Survival and Health Programs Fund' shall be made available notwithstanding the second sentence of section 403(a) of Public Law 108-25: Provided further, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2008 may be made available to the Office of the United States Global AIDS Coordinator for technical assistance related to the activities of the Global Fund.
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961, $568,475,000, to remain available until September 30, 2010: Provided, That during fiscal year 2008, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That of the funds appropriated under this heading, not less than $15,000,000 shall be made available for training programs and activities of the International Law Enforcement Academies: Provided further, That none of the funds provided under this heading for counter narcotics activities in Afghanistan shall be made available for eradication programs through the spraying of herbicides: Provided further, That $12,000,000 of the funds appropriated under this heading shall be made available for demand reduction and drug awareness programs: Provided further, That not less than $8,000,000 shall be made available for programs to combat transnational crime and criminal youth gangs: Provided further, That of the funds appropriated under this heading, not more than $38,000,000 may be available for administrative expenses.
ANDEAN COUNTERDRUG INITIATIVE
For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $312,460,000, to remain available until September 30, 2010: Provided, That the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds available under this heading for assistance for the Colombian National Police Support for Eradication program, not less than $5,000,000 shall be made available for program assistance to protect biodiversity, indigenous reserves and Afro-Colombian lands subject to spraying in Colombia: Provided further, That of the funds available for the Colombian national police support for eradication program for the procurement of chemicals for aerial coca and poppy fumigation programs, exclusive of funds made available pursuant to the previous proviso, not more than 10 percent of such funds may be made available for such fumigation programs unless the Secretary of State certifies to the Committees on Appropriations that: (1) the herbicide is being used in accordance with label requirements of the Environmental Protection Agency for comparable use in the United States and with Colombian laws; (2) the aerial fumigation program does not pose unreasonable risks or adverse effects to humans or the environment including endemic species; (3) the social dislocation and changes in vegetative cover caused by the geographic shifts in coca and poppy cultivation resulting from the aerial spraying program have been thoroughly assessed on a regional level, and effective measures are being taken to minimize adverse impacts; (4) all certification reports on the aerial eradication program are being made available to the public in a timely manner in both English and Spanish; (5) complaints of harm to health or licit crops caused by such spraying are being thoroughly evaluated and fair compensation is being provided in a timely manner for meritorious claims; (6) all claims, evaluations, and compensation reports will be disclosed biannually to the public in both English and Spanish; (7) a minimum of 15 percent of sprayed fields will be subject to independent and randomly selected off-target damage assessments; (8) programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation and coordination with local communities and existing local development initiatives, to provide alternative sources of income in municipalities where security permits for small-acreage growers whose illicit crops are targeted for fumigation; and (9) programs to provide food security to affected families are operative in areas where security does not permit alternative development programs: Provided further, That funds may not be used for aerial fumigation in Colombia's national parks or reserves unless the Secretary of State determines that there are no effective alternatives to reduce drug cultivation in these areas and that the spraying is conducted in accordance with current Colombian laws: Provided further, That of funds provided for interdiction under this heading, not less than 10 percent of airtime allocated for aerial assets, (both fixed and rotary wing aircraft), shall be used annually for major drug interdiction operations, including assaults on large drug processing labs and high value narcotics related targets: Provided further, That no United States Armed Forces personnel or United States civilian contractor employed by the United States shall participate in any combat operation in connection with assistance made available by funds provided in this Act for Colombia: Provided further, That funds appropriated under this heading that are made available for assistance for the Bolivian military may be made available for such purposes only if the Secretary of State certifies that the Bolivian military is respecting human rights, and civilian judicial authorities are investigating and prosecuting, with the military's cooperation, military personnel who have been implicated in gross violations of human rights: Provided further, That of the funds appropriated under this heading, not more than $17,000,000 may be available for administrative expenses of the Department of State, and not more than $7,800,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of the United States Agency for International Development.
MIGRATION AND REFUGEE ASSISTANCE
For expenses, not otherwise provided for, necessary to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner for Refugees, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $829,900,000, to remain available until expended: Provided, That not more than $22,500,000 may be available for administrative expenses: Provided further, That not less than $40,000,000 of the funds made available under this heading shall be made available for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 2601(c)), $45,000,000, to remain available until expended.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $467,000,000, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the International Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this amount not to exceed $38,000,000, to remain available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwithstanding any other provision of law, to promote bilateral and multilateral activities relating to nonproliferation and disarmament: Provided further, That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds appropriated under this heading may be made available for the International Atomic Energy Agency only if the Secretary of State determines (and so reports to the Congress) that Israel is not being denied its right to participate or being otherwise discriminated against in any of the activities of that Agency: Provided further, That of the funds made available for demining and related activities, not to exceed $700,000, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of the demining program: Provided further, That funds appropriated under this heading that are available for `Anti-terrorism Assistance' and `Export Control and Border Security' shall remain available until September 30, 2009.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $18,000,000, to remain available until September 30, 2010, which shall be available notwithstanding any other provision of law that restricts assistance to foreign countries.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries, pursuant to parts IV and V of the Foreign Assistance Act of 1961, of modifying concessional credit agreements with least developed countries, as authorized under section 411 of the Agricultural Trade Development and Assistance Act of 1954, as amended, of concessional loans, guarantees and credit agreements, as authorized under section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts owed, as a result of loans or guarantees made pursuant to the Export-Import Bank Act of 1945, by countries that are eligible for debt reduction pursuant to title V of H.R. 3425 as enacted into law by section 1000(a)(5) of Public Law 106-113, $200,300,000, to remain available until September 30, 2010: Provided, That not less than $20,000,000 of the funds appropriated under this heading shall be made available to carry out the provisions of part V of the Foreign Assistance Act of 1961: Provided further, That amounts paid to the HIPC Trust Fund may be used only to fund debt reduction under the enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for the benefit of any country if the Secretary of State has credible evidence that the government of such country is engaged in a consistent pattern of gross violations of internationally recognized human rights or in military or civil conflict that undermines its ability to develop and implement measures to alleviate poverty and to devote adequate human and financial resources to that end: Provided further, That on the basis of final appropriations, the Secretary of the Treasury shall consult with the Committees on Appropriations concerning which countries and international financial institutions are expected to benefit from a United States contribution to the HIPC Trust Fund during the fiscal year: Provided further, That the Secretary of the Treasury shall inform the Committees on Appropriations not less than 15 days in advance of the signature of an agreement by the United States to make payments to the HIPC Trust Fund of amounts for such countries and institutions: Provided further, That the Secretary of the Treasury may disburse funds designated for debt reduction through the HIPC Trust Fund only for the benefit of countries that--
(1) have committed, for a period of 24 months, not to accept new market-rate loans from the international financial institution receiving debt repayment as a result of such disbursement, other than loans made by such institutions to export-oriented commercial projects that generate foreign exchange which are generally referred to as `enclave' loans; and
(2) have documented and demonstrated their commitment to redirect their budgetary resources from international debt repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411 of the Agricultural Trade Development and Assistance Act of 1954 shall not apply to funds appropriated under this heading: Provided further, That none of the funds made available under this heading in this or any other appropriations Act shall be made available for Sudan or Burma unless the Secretary of the Treasury determines and notifies the Committees on Appropriations that a democratically elected government has taken office.
TITLE IV--MILITARY ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $85,076,000, of which up to $3,000,000 may remain available until expended: Provided, That funds under this heading shall not be available for Equatorial Guinea: Provided further, That funds appropriated under this heading that are made available for assistance for Guatemala, other than for expanded international military education and training, shall be available only for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided further, That assistance provided under this heading for the Guatemalan Army Corps of Engineers is only available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, That funds appropriated under this heading that are made available for assistance for the Guatemalan military, other than for expanded international military education and training, may be made available only if the Secretary of State certifies that the Guatemalan Air Force, Navy and Army Corps of Engineers are respecting human rights, and civilian judicial authorities are investigating and prosecuting, with the military's cooperation, military personnel who have been implicated in gross violations of human rights: Provided further, That funds appropriated under this heading for military education and training for Libya and Angola may only be made available for expanded international military education and training: Provided further, That the civilian personnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further, That funds made available in the previous proviso and funds made available for Haiti, Libya, Angola, the Democratic Republic of the Congo, Guatemala, and Nigeria may only be provided through the regular notification procedures of the Committees on Appropriations and any such notification shall include a detailed description of the proposed activities: Provided further, That the Secretary of State shall submit to the Committees on Appropriations, no later than 60 days after enactment of this Act, a report addressing how the Western Hemisphere Institute for Security Cooperation IMET program for fiscal year 2008 contributes to the promotion of human rights, respect for civilian authority and the rule of law, the establishment of legitimate judicial mechanisms for the military, and achieving the goal of right sizing military forces.
FOREIGN MILITARY FINANCING PROGRAM
For expenses necessary for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $4,509,236,000: Provided, That of the funds appropriated under this heading, not less than $2,400,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt: Provided further, That the funds appropriated by this paragraph for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes, grants made available for Israel by this paragraph shall, as agreed by Israel and the United States, be available for advanced weapons systems, of which not less than $631,200,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this paragraph, $200,000,000 shall be made available for assistance for Jordan: Provided further, That funds appropriated or otherwise made available by this paragraph shall be nonrepayable notwithstanding any requirement in section 23 of the Arms Export Control Act: Provided further, That funds made available under this paragraph shall be obligated upon apportionment in accordance with paragraph (5)(C) of title 31, United States Code, section 1501(a): Provided further, That $5,000,000 of the funds provided under this heading shall remain available until expended and shall not be subject to the sixth proviso of this paragraph: Provided further, That none of the funds appropriated pursuant to the previous proviso shall be made available except pursuant to the regular notification procedures of the Committees on Appropriations.
None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States Government under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 615 of this Act: Provided further, That none of the funds appropriated under this heading shall be available for assistance for Sudan: Provided further, That none of the funds appropriated under this heading shall be available for assistance for the Guatemalan Army: Provided further, That funds appropriated under this heading that are made available for assistance for the Guatemalan military may be made available only if the Secretary of State certifies that: (1) the Guatemalan Air Force, Navy and Army Corps of Engineers are respecting human rights; (2) civilian judicial authorities are investigating and prosecuting, with the military's cooperation, military personnel who have been implicated in gross violations of human rights; and (3) the Guatemalan Congress has adopted and the President has signed the International Commission Against Impunity in Guatemala (CICIG): Provided further, That none of the funds appropriated under this heading may be made available for assistance for Haiti and Guatemala except pursuant to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was justified for the `Foreign Military Sales Financing Program' in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense articles and services: Provided further, That not more than $41,900,000 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the United States, for the general costs of administering military assistance and sales: Provided further, That not more than $395,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Department of Defense during fiscal year 2008 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations: Provided further, That foreign military financing program funds estimated to be outlayed for Egypt during fiscal year 2008 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $293,200,000: Provided, That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.
TITLE V--MULTILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For the United States contribution for the Global Environment Facility, $106,763,000 to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility (GEF), by the Secretary of the Treasury, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by the Secretary of the Treasury, $950,000,000, to remain available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution to the fund, $25,000,000, to remain available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the increase in resources of the Asian Development Fund, as authorized by the Asian Development Bank Act, as amended, $115,306,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary of the Treasury, $2,037,000, for the United States paid-in share of the increase in capital stock, to remain available until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank may subscribe without fiscal year limitation for the callable capital portion of the United States share of such capital stock in an amount not to exceed $31,919,000.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the Treasury to the increase in resources of the African Development Fund, $135,684,000, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
For the United States contribution by the Secretary of the Treasury to increase the resources of the International Fund for Agricultural Development, $18,072,000, to remain available until expended.
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1961, and of section 2 of the United Nations Environment Program Participation Act of 1973, $333,400,000 (increased by $20,000,000) (reduced by $20,000,000): Provided, That section 307(a) of the Foreign Assistance Act shall not apply to contributions to the United Nations Democracy Fund.
TITLE VI--GENERAL PROVISIONS
COMPENSATION FOR UNITED STATES EXECUTIVE DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS
SEC. 601. (a) No funds appropriated by this Act may be made as payment to any international financial institution while the United States Executive Director to such institution is compensated by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.
(b) For purposes of this section `international financial institutions' are: the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Monetary Fund, the North American Development Bank, and the European Bank for Reconstruction and Development.
RESTRICTIONS ON VOLUNTARY CONTRIBUTIONS TO UNITED NATIONS AGENCIES
SEC. 602. None of the funds appropriated by this Act may be made available to pay any voluntary contribution of the United States to the United Nations if the United Nations implements or imposes any taxation on any United States persons.
LIMITATION ON RESIDENCE EXPENSES
SEC. 603. Of the funds appropriated or made available pursuant to title III of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars.
UNOBLIGATED BALANCES REPORT
SEC. 604. Any Department or Agency to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative balances by program, project, and activity of the funds received by such Department or Agency in this fiscal year or any previous fiscal year that remain unobligated and unexpended.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 605. Of the funds appropriated or made available pursuant to titles II through V of this Act, not to exceed $250,000 shall be available for representation and entertainment allowances, of which not to exceed $2,500 shall be available for entertainment allowances, for the United States Agency for International Development during the current fiscal year: Provided, That no such entertainment funds may be used for the purposes listed in section 647 of this Act: Provided further, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars: Provided further, That of the funds made available by this Act for general costs of administering military assistance and sales under the heading `Foreign Military Financing Program', not to exceed $4,000 shall be available for entertainment expenses and not to exceed $130,000 shall be available for representation allowances: Provided further, That of the funds made available by this Act under the heading `International Military Education and Training', not to exceed $55,000 shall be available for entertainment allowances: Provided further, That of the funds made available by this Act for the Inter-American Foundation, not to exceed $2,000 shall be available for entertainment and representation allowances: Provided further, That of the funds made available by this Act for the Peace Corps, not to exceed a total of $4,000 shall be available for entertainment expenses: Provided further, That of the funds made available by this Act under the heading `Trade and Development Agency', not to exceed $4,000 shall be available for representation and entertainment allowances: Provided further, That of the funds made available by this Act under the heading `Millennium Challenge Corporation', not to exceed $115,000 shall be available for representation and entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
SEC. 606. (a) PROHIBITION ON TAXATION- None of the funds appropriated under titles II through V of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.
(b) REIMBURSEMENT OF FOREIGN TAXES- An amount equivalent to 200 percent of the total taxes assessed during fiscal year 2008 on funds appropriated by this Act by a foreign government or entity against commodities financed under United States assistance programs for which funds are appropriated by this Act, either directly or through grantees, contractors and subcontractors shall be withheld from obligation from funds appropriated for assistance for fiscal year 2009 and allocated for the central government of such country and for the West Bank and Gaza Program to the extent that the Secretary of State certifies and reports in writing to the Committees on Appropriations that such taxes have not been reimbursed to the Government of the United States.
(c) DE MINIMIS EXCEPTION- Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS- Funds withheld from obligation for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance to countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes.
(e) DETERMINATIONS-
(1) The provisions of this section shall not apply to any country or entity the Secretary of State determines--
(A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial reimbursement of such taxes; or
(B) the foreign policy interests of the United States outweigh the policy of this section to ensure that United States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising the authority of this subsection with regard to any country or entity.
(f) IMPLEMENTATION- The Secretary of State shall issue rules, regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section.
(g) DEFINITIONS- As used in this section--
(1) the terms `taxes' and `taxation' refer to value added taxes and customs duties imposed on commodities financed with United States assistance for programs for which funds are appropriated by this Act; and
(2) the term `bilateral agreement' refers to a framework bilateral agreement between the Government of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 607. None of the funds appropriated or otherwise made available pursuant to this Act shall be obligated or expended to finance directly any assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents: Provided further, That for purposes of this section, the prohibition shall not include activities of the Overseas Private Investment Corporation in Libya: Provided further, That the prohibition shall not include direct loans, credits, insurance and guarantees made available by the Export-Import Bank or its agents for or in Libya: Provided further, That the prohibition shall not apply to funds made available under the heading `INTERNATIONAL MILITARY EDUCATION AND TRAINING' for Libya.
MILITARY COUPS
SEC. 608. None of the funds appropriated or otherwise made available pursuant to titles II through V of this Act shall be obligated or expended to finance directly any assistance to the government of any country whose duly elected head of government is deposed by military coup or decree: Provided, That assistance may be resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations.
TRANSFER AUTHORITY
SEC. 609. (a) DEPARTMENT OF STATE AND BROADCASTING BOARD OF GOVERNORS- Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 615 (a) and (b) of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.
(b) EXPORT FINANCING TRANSFER AUTHORITIES- Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2008, for programs under title II of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.
(c)(1) LIMITATION ON TRANSFERS BETWEEN AGENCIES- None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 632 of the Foreign Assistance Act of 1961.
(d) TRANSFERS BETWEEN ACCOUNTS- None of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations.
(e) AUDIT OF INTER-AGENCY TRANSFERS- Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the United States Agency for International Development and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Office of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made available for the cost of such audits.
COMMERCIAL LEASING OF DEFENSE ARTICLES
SEC. 610. Notwithstanding any other provision of law, and subject to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms Export Control Act may be used to provide financing to Israel, Egypt and NATO and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from United States commercial suppliers, not including Major Defense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the President determines that there are compelling foreign policy or national security reasons for those defense articles being provided by commercial lease rather than by government-to-government sale under such Act.
AVAILABILITY OF FUNDS
SEC. 611. (a) No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act.
(b) Funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act, and funds provided under the heading `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES', shall remain available for an additional four years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided, That, notwithstanding any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 612. No part of any appropriation provided under titles II through V in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that assistance to such country is in the national interest of the United States.
COMMERCE AND TRADE
SEC. 613. (a) None of the funds appropriated or made available pursuant to titles II through V of this Act for direct assistance and none of the funds otherwise made available to the Export-Import Bank and the Overseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in developing countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; or
(2) research activities intended primarily to benefit American producers.
SURPLUS COMMODITIES
SEC. 614. The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to titles II through V of this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.
REPROGRAMMING NOTIFICATION REQUIREMENTS
SEC. 615. (a) None of the funds made available in this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury of the United States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the agencies and departments funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) closes or opens a mission or post; (6) reorganizes or renames offices; (7) reorganizes programs or activities; or (8) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.
(b) For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds provided under title I of this Act, or provided under previous appropriations Acts to the agencies or department funded under title I of this Act that remain available for obligation or expenditure in fiscal year 2008, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies or department funded by title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $750,000 or ten percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by ten percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.
(c) For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds made available in this Act for the headings `CHILD SURVIVAL AND HEALTH PROGRAMS FUND', `DEVELOPMENT ASSISTANCE', `INTERNATIONAL ORGANIZATIONS AND PROGRAMS', `TRADE AND DEVELOPMENT AGENCY', `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT', `ANDEAN COUNTERDRUG INITIATIVE', `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES', `ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION', `ECONOMIC SUPPORT FUND', `GLOBAL HIV/AIDS INITIATIVE', `PEACEKEEPING OPERATIONS', `CAPITAL INVESTMENT FUND', `OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT', `OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT OFFICE OF INSPECTOR GENERAL', `NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS', `MILLENNIUM CHALLENGE CORPORATION' (by country only), `FOREIGN MILITARY FINANCING PROGRAM', `INTERNATIONAL MILITARY EDUCATION AND TRAINING', `PEACE CORPS', and `MIGRATION AND REFUGEE ASSISTANCE', shall be available for obligation for activities, programs, projects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance: Provided, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense equipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided further, That this paragraph shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under title III or title IV, of this Act of less than 10 percent of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year.
(d) The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial risk to human health or welfare: Provided, That in case of any such waiver, notification to the Congress, or the appropriate Congressional committees, shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 616. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles II through V of this Act or any previously enacted Act making appropriations for foreign operations, export financing, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2009.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 617. (a) None of the funds appropriated under the heading `ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION' shall be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act: Provided, That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national security interest of the United States.
(b) None of the funds appropriated under the heading `ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION' shall be made available for any state to enhance its military capability: Provided, That this restriction does not apply to demilitarization, demining or nonproliferation programs.
(c) Funds appropriated under the heading `ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION' for the Russian Federation, Armenia, and Uzbekistan shall be subject to the regular notification procedures of the Committees on Appropriations.
(d) Funds made available in this Act for assistance for the Independent States of the former Soviet Union shall be subject to the provisions of section 117 (relating to environment and natural resources) of the Foreign Assistance Act of 1961.
(e) In issuing new task orders, entering into contracts, or making grants, with funds appropriated by this Act or prior appropriations Acts under the heading `ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION' and under comparable headings in prior appropriations Acts, for projects or activities that have as one of their primary purposes the fostering of private sector development, the Coordinator for United States Assistance to Europe and Eurasia and the implementing agency shall encourage the participation of and give significant weight to contractors and grantees who propose investing a significant amount of their own resources (including volunteer services and in-kind contributions) in such projects and activities.
PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION
SEC. 618. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the President certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations.
STATEMENT
SEC. 619. (a) Funds provided in this Act for the following accounts shall be made available for programs and countries in the amounts contained in the respective tables included in the report accompanying this Act:
`ECONOMIC SUPPORT FUND';
`ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES';
`ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION';
`ANDEAN COUNTERDRUG INITIATIVE';
`NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS';
`FOREIGN MILITARY FINANCING PROGRAM'; and
`INTERNATIONAL ORGANIZATIONS AND PROGRAMS'.
(b) Any proposed increases or decreases to the amounts contained in such tables in the accompanying report shall be subject to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 620. None of the funds appropriated under titles II through V of this Act shall be obligated or expended for assistance for Serbia, Sudan, Zimbabwe, Pakistan, or Cambodia except as provided through the regular notification procedures of the Committees on Appropriations.
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 621. For the purpose of titles II through V of this Act `program, project, and activity' shall be defined at the appropriations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the following accounts: `ECONOMIC SUPPORT FUND' and `FOREIGN MILITARY FINANCING PROGRAM', `program, project, and activity' shall also be considered to include country, regional, and central program level funding within each such account; for the development assistance accounts of the United States Agency for International Development `program, project, and activity' shall also be considered to include central, country, regional, and program level funding, either as--
(1) justified to the Congress; or
(2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as required by section 653(a) of the Foreign Assistance Act of 1961.
CHILD SURVIVAL AND HEALTH ACTIVITIES
SEC. 622. Up to $13,500,000 of the funds made available by this Act in title III for assistance under the heading `CHILD SURVIVAL AND HEALTH PROGRAMS FUND' account, may be used to reimburse United States Government agencies, agencies of State governments, institutions of higher learning, and private and voluntary organizations for the full cost of individuals (including for the personal services of such individuals) detailed or assigned to, or contracted by, as the case may be, the United States Agency for International Development for the purpose of carrying out activities under that heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading `DEVELOPMENT ASSISTANCE' may be used to reimburse such agencies, institutions, and organizations for such costs of such individuals carrying out other development assistance activities: Provided further, That funds appropriated by titles III and IV of this Act that are made available for assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV/AIDS may be made available notwithstanding any other provision of law except for the provisions under the heading `CHILD SURVIVAL AND HEALTH PROGRAMS FUND' and the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided further, That of the funds appropriated under title III and IV of this Act , not less than $441,000,000 shall be made available for family planning/reproductive health: Provided further, That, in order to prevent unintended pregnancies, abortions, and the transmission of sexually transmitted infections, including HIV/AIDS, no contract or grant for the exclusive purpose of providing donated contraceptives in developing countries shall be denied to any nongovernmental organization solely on the basis of the policy contained in the President's March 28, 2001, Memorandum to the Administrator of the United States Agency for International Development with respect to providing contraceptives in developing countries, or any comparable administration policy regarding the provision of contraceptives.
AFGHANISTAN
SEC. 623. Of the funds appropriated under titles III and IV of this Act, not less than $1,057,050,000 shall be made available for humanitarian, reconstruction, and related assistance for Afghanistan: Provided, That of the funds made available pursuant to this section, $3,000,000 should be made available for reforestation activities: Provided further, That funds made available pursuant to the previous proviso should be matched, to the maximum extent possible, with contributions from American and Afghan businesses: Provided further, That of the funds allocated for assistance for Afghanistan from this Act not less than $75,000,000 shall be made available to support programs that directly address the needs of Afghan women and girls, including for the Afghan Independent Human Rights Commission, the Afghan Ministry of Women's Affairs, and for women-led nonprofit organizations in Afghanistan.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 624. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as are other committees pursuant to subsection (f) of that section: Provided, That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $7,000,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided further, That such Committees shall also be informed of the original acquisition cost of such defense articles.
GLOBAL FUND ACCOUNTABILITY
SEC. 625. (a) Notwithstanding any other provision of this Act, 20 percent of the funds that are appropriated by this Act for a contribution to support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the `Global Fund') shall be withheld from obligation to the Global Fund until the Secretary of State certifies to the Committees on Appropriations that the Global Fund--
(1) is releasing incremental disbursements only if grantees demonstrate progress against clearly defined performance indicators;
(2) is providing support and oversight to country-level entities, such as country coordinating mechanisms, principal recipients, and Local Fund Agents (LFAs), to enable them to fulfill their mandates;
(3) has a full-time, professional, independent Office of Inspector General that is fully operational;
(4) requires LFAs to assess whether a principal recipient has the capacity to oversee the activities of sub-recipients;
(5) is making progress toward implementing a reporting system that breaks down grantee budget allocations by programmatic activity;
(6) has adopted a policy on the public release of documents produced by the Office of the Inspector General;
(7) is tracking and encouraging the involvement of civil society, including faith-based organizations, in country coordinating mechanisms and program implementation; and
(8) has provided to the Secretary of State a report on faith-based organizations as described in subsection (b).
(b) The report referred to in subsection (a)(8) is a report that provides a description and assessment of grants and sub-grants provided by the Global Fund to faith-based organizations. The report shall include--
(1) on a county-by-country basis--
(A) a description of the amount of grants and sub-grants provided to faith-based organizations; and
(B) an assessment of the extent to which faith-based organizations have been or are involved in the Country Coordinating Mechanism (CCM) process of the Global Fund; and
(2) a description of actions the Global Fund has taken and will take to enhance the involvement of faith-based organizations in the CCM process, particularly in countries in which the involvement of faith-based organizations has been underrepresented.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
SEC. 626. (a) Funds appropriated for bilateral assistance under any heading of this Act and funds appropriated under any such heading in a provision of law enacted prior to the enactment of this Act, shall not be made available to any country which the President determines--
(1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal Register and, at least 15 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notification procedures of the Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 627. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization.
SEPARATE ACCOUNTS
SEC. 628. (a) Separate Accounts for Local Currencies-
(1) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall--
(A) require that local currencies be deposited in a separate account established by that government;
(B) enter into an agreement with that government which sets forth--
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and
(C) establish by agreement with that government the responsibilities of the United States Agency for International Development and that government to monitor and account for deposits into and disbursements from the separate account.
(2) USES OF LOCAL CURRENCIES- As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), for such purposes as--
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United States Government.
(3) PROGRAMMING ACCOUNTABILITY- The United States Agency for International Development shall take all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS- Upon termination of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government.
(5) REPORTING REQUIREMENT- The Administrator of the United States Agency for International Development shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authorized in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used and/or to be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers-
(1) If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961, as cash transfer assistance or as non-project sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW- Such funds may be obligated and expended notwithstanding provisions of law, which are inconsistent with the nature of this assistance including provisions which are referenced in the Joint Explanatory Statement of the Committee of Conference accompanying House Joint Resolution 648 (House Report No. 98-1159).
(3) NOTIFICATION- At least 15 days prior to obligating any such cash transfer or non-project sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).
(4) EXEMPTION- Non-project sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the notification procedures of the Committees on Appropriations.
ENTERPRISE FUND RESTRICTIONS
SEC. 629. (a) Prior to the distribution of any assets resulting from any liquidation, dissolution, or winding up of an Enterprise Fund, in whole or in part, the President shall submit to the Committees on Appropriations, in accordance with the regular notification procedures of the Committees on Appropriations, a plan for the distribution of the assets of the Enterprise Fund.
(b) Funds made available under titles II through V of this Act for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities.
FINANCIAL MARKET ASSISTANCE
SEC. 630. Of the funds appropriated by this Act under the headings `TRADE AND DEVELOPMENT AGENCY', `DEVELOPMENT ASSISTANCE', `TRANSITION INITIATIVES', `ECONOMIC SUPPORT FUND', `INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE', `ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION', `NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS', and `ASSISTANCE FOR EASTERN EUROPE AND BALTIC STATES', not less than $40,000,000 should be made available for building capital markets and financial systems in countries eligible to receive United States assistance.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 631. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for foreign operations, export financing, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act. The agency shall promptly report to the Committees on Appropriations whenever it is conducting activities or is proposing to conduct activities in a country for which assistance is prohibited.
IMPACT ON JOBS IN THE UNITED STATES
SEC. 632. None of the funds appropriated under titles II through V of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; or
(2) assistance for any program, project, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided, That the application of section 507(4) (D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enterprise, and smallholder agriculture.
SPECIAL AUTHORITIES
SEC. 633. (a) AFGHANISTAN, IRAQ, PAKISTAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED CHILDREN, AND DISPLACED BURMESE- Funds appropriated by this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 612 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated in titles II and III of this Act that are made available for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notification procedures of the Committees on Appropriations, to combat such trafficking, may be made available notwithstanding any other provision of law.
(b) TROPICAL FORESTRY AND BIODIVERSITY CONSERVATION ACTIVITIES- Funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law, for the purpose of supporting tropical forestry and biodiversity conservation activities and energy programs aimed at reducing greenhouse gas emissions: Provided, That such assistance shall be subject to sections 116, 502B, and 620A of the Foreign Assistance Act of 1961.
(c) PERSONAL SERVICES CONTRACTORS- Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by the United States Agency for International Development to employ up to 25 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace.
(d)(1) WAIVER- The President may waive the provisions of section 1003 of Public Law 100-204 if the President determines and certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that it is important to the national security interests of the United States.
(2) PERIOD OF APPLICATION OF WAIVER- Any waiver pursuant to paragraph (1) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.
(e) SMALL BUSINESS- In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the United States Agency for International Development may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business.
(f) RECONSTITUTING CIVILIAN POLICE AUTHORITY- In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from instability.
(g) WORLD FOOD PROGRAM- Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of the United States Agency for International Development, from this or any other Act, not less than $10,000,000 shall be made available as a general contribution to the World Food Program, notwithstanding any other provision of law.
(h) Extension of Authority-
(1) With respect to funds appropriated by this Act that are available for assistance for Pakistan, the President may waive the prohibition on assistance contained in section 608 of this Act subject to the requirements contained in section 1(b) of Public Law 107-57, as amended, for a determination and certification, and consultation, by the President prior to the exercise of such waiver authority.
(2) Section 612 of this Act and section 620(q) of the Foreign Assistance Act of 1961 shall not apply with respect to assistance for Pakistan from funds appropriated by this Act.
(3) Notwithstanding the date contained in section 6 of Public Law 107-57, as amended, the provisions of sections 2 and 4 of that Act shall remain in effect through the current fiscal year.
(i) MIDDLE EAST FOUNDATION- Of the funds appropriated in this Act under the heading `ECONOMIC SUPPORT FUND' that are available for the Middle East Partnership Initiative, may be made available, including as an endowment, notwithstanding any other provision of law and following consultations with the Committees on Appropriations, to establish and operate a Middle East Foundation, or any other similar entity, whose purposes include to support democracy, governance, human rights, and the rule of law: Provided, That such funds may be made available to the Foundation only to the extent that the Foundation has commitments from sources other than the United States Government to at least match the funds provided under the authority of this subsection: Provided further, That provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) of that section and the requirement that a majority of the members of the board of directors be citizens of the United States provided in subsection (d)(3)(B) of that section) shall be deemed to apply to any such foundation or similar entity referred to under this subsection, and to funds made available to such entity, in order to enable it to provide assistance for purposes of this section: Provided further, That prior to the initial obligation of funds for any such foundation or similar entity pursuant to the authorities of this subsection, other than for administrative support, the Secretary of State shall take steps to ensure, on an ongoing basis, that any such funds made available pursuant to such authorities are not provided to or through any individual or group that the management of the foundation or similar entity knows or has reason to believe, advocates, plans, sponsors, or otherwise engages in terrorist activities: Provided further, That section 629 of this Act shall apply to any such foundation or similar entity established pursuant to this subsection: Provided further, That the authority of the Foundation, or any similar entity, to provide assistance shall cease to be effective on September 30, 2010.
(j) EXTENSION OF AUTHORITY- The Foreign Operations Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection(b)(3), before `2007' by striking `and', and after `2007' by inserting, `and 2008,' and
(B) in subsection (e), by striking `2007' each place it appears and inserting `2008'; and
(2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking `2007' and inserting `2008'.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 634. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with their neighbor Israel;
(4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and
(5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply.
ELIGIBILITY FOR ASSISTANCE
SEC. 635. (a) ASSISTANCE THROUGH NONGOVERNMENTAL ORGANIZATIONS- Restrictions contained under titles II through V of this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and from funds appropriated under the heading `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES': Provided, That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations under the regular notification procedures of those committees, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided further, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act.
(b) Public Law 480- During fiscal year 2008, restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 1954: Provided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.
(c) EXCEPTION- This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights.
RESERVATIONS OF FUNDS
SEC. 636. (a) Funds appropriated under titles II through V of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act: Provided, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the United States Agency for International Development that are specifically designated for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the Administrator of such agency determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That such designated funds that are continued available for an additional fiscal year shall be obligated only for the purpose of such designation.
CEILINGS AND DESIGNATED FUNDING LEVELS
SEC. 637. Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 638. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authorized before the date of the enactment of this Act by the Congress: Provided, That not to exceed $25,000 may be made available to carry out the provisions of section 316 of Public Law 96-533.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
SEC. 639. None of the funds appropriated or made available pursuant to titles II through V of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the United Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations.
NONGOVERNMENTAL ORGANIZATIONS--DOCUMENTATION
SEC. 640. None of the funds appropriated or made available pursuant to titles II through V of this Act shall be available to a nongovernmental organization which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development.
PROHIBITION ON ASSISTANCE TO FOREIGN GOVERNMENTS THAT EXPORT LETHAL MILITARY EQUIPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM
SEC. 641. (a) None of the funds appropriated or otherwise made available by titles II through V of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for purposes of section 6(j) of the Export Administration Act of 1979. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after October 1, 1997.
(b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the United States.
(c) Whenever the waiver authority of subsection (b) is exercised, the President shall submit to the appropriate Congressional committees a report with respect to the furnishing of such assistance. Any such report shall include a detailed explanation of the assistance to be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests.
WITHHOLDING OF ASSISTANCE FOR PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN COUNTRIES
SEC. 642. (a) Subject to subsection (c), of the funds appropriated under titles II through V of this Act that are made available for assistance for a foreign country, an amount equal to 110 percent of the total amount of the unpaid fully adjudicated parking fines and penalties and unpaid property taxes owed by the central government of such country shall be withheld from obligation for assistance for the central government of such country until the Secretary of State submits a certification to the appropriate congressional committees stating that such parking fines and penalties and unpaid property taxes are fully paid.
(b) Funds withheld from obligation pursuant to subsection (a) may be made available for other programs or activities funded by this Act, after consultation with and subject to the regular notification procedures of the appropriate congressional committees, provided that no such funds shall be made available for assistance for the central government of a foreign country that has not paid the total amount of the fully adjudicated parking fines and penalties and unpaid property taxes owed by such country.
(c) Subsection (a) shall not include amounts that have been withheld under any other provision of law.
(d)(1) The Secretary of State may waive the requirements set forth in subsection (a) with respect to parking fines and penalties no sooner than 60 days from the date of enactment of this Act, or at any time with respect to a particular country, if the Secretary determines that it is in the national interests of the United States to do so.
(2) The Secretary of State may waive the requirements set forth in subsection (a) with respect to the unpaid property taxes if the Secretary of State determines that it is in the national interests of the United States to do so.
(e) Not later than six months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New York, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines and penalties and unpaid property taxes and interest owed by nations receiving foreign assistance under this Act.
(f) In this section:
(1) The term `appropriate congressional committees' means the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives.
(2) The term `fully adjudicated' includes circumstances in which the person to whom the vehicle is registered--
(A)(i) has not responded to the parking violation summons; or (ii) has not followed the appropriate adjudication procedure to challenge the summons; and
(B) the period of time for payment of or challenge to the summons has lapsed.
(3) The term `parking fines and penalties' means parking fines and penalties--
(A) owed to--
(i) the District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1, 1997, through September 30, 2007.
(4) The term `unpaid property taxes' means the amount of unpaid taxes and interest determined to be owed by a foreign country on real property in the District of Columbia or New York, New York in a court order or judgment entered against such country by a court of the United States or any State or subdivision thereof.
LIMITATION ON ASSISTANCE FOR THE PLO FOR THE WEST BANK AND GAZA
SEC. 643. None of the funds appropriated under titles II through V of this Act may be obligated for assistance for the Palestine Liberation Organization (PLO) for the West Bank and Gaza unless the President has exercised the authority under section 604(a) of the Middle East Peace Facilitation Act of 1995 (title VI of Public Law 104-107) or any other legislation to suspend or make inapplicable section 307 of the Foreign Assistance Act of 1961 and that suspension is still in effect: Provided, That if the President fails to make the certification under section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or to suspend the prohibition under other legislation, funds appropriated by this Act may not be obligated for assistance for the Palestine Liberation Organization for the West Bank and Gaza.
WAR CRIMES TRIBUNALS DRAWDOWN
SEC. 644. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services for the United Nations War Crimes Tribunal established with regard to the former Yugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof: Provided, That the determination required under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided further, That the drawdown made under this section for any tribunal shall not be construed as an endorsement or precedent for the establishment of any standing or permanent international criminal tribunal or court: Provided further, That funds made available for tribunals other than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be made available subject to the regular notification procedures of the Committees on Appropriations.
LANDMINES
SEC. 645. Notwithstanding any other provision of law, demining equipment available to the United States Agency for International Development and the Department of State and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, subject to such terms and conditions as the President may prescribe.
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 646. None of the funds appropriated under titles II through V of this Act may be obligated or expended to create in any part of Jerusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
SEC. 647. None of the funds appropriated or otherwise made available under titles III or IV of this Act under the heading `INTERNATIONAL MILITARY EDUCATION AND TRAINING' or `FOREIGN MILITARY FINANCING PROGRAM' for Informational Program activities or under the headings `CHILD SURVIVAL AND HEALTH PROGRAMS FUND', `DEVELOPMENT ASSISTANCE', and `ECONOMIC SUPPORT FUND' may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks.
HAITI
SEC. 648. (a) The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
(b) Of the funds appropriated by this act under titles III and IV, not less than $201,584,000 shall be available for assistance for Haiti: Provided, That not less than the following amounts of funds appropriated by this Act under the following heading shall be made available--
(1) $20,000,000 from `CHILD SURVIVAL AND HEALTH PROGRAMS FUND';
(2) $25,000,000 from `DEVELOPMENT ASSISTANCE';
(3) $83,000,000 from `GLOBAL HIV/AIDS INITIATIVE';
(4) $63,394,000 from `ECONOMIC SUPPORT FUND';
(5) $9,000,000 from `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT';
(6) $990,000 from `FOREIGN MILITARY FINANCING PROGRAM'; and
(7) $200,000 from `INTERNATIONAL MILITARY EDUCATION AND TRAINING'.
(c) None of the funds made available in this Act under the heading `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT' may be used to transfer excess weapons, ammunition or other lethal property of an agency of the United States Government to the Government of Haiti for use by the Haitian National Police until the Secretary of State certifies to the Committees on Appropriations that--
(1) the United Nations Mission in Haiti has carried out the vetting of the senior levels of the Haitian National Police and has ensured that those credibly alleged to have committed serious crimes, including drug trafficking and human rights violations, have been suspended; and
(2) the Haitian National Government is cooperating in a reform and restructuring plan for the Haitian National Police and the reform of the judicial system as called for in United Nations Security Council Resolution 1608 adopted on June 22, 2005.
COLOMBIA
SEC. 649. (a) AVAILABILITY OF FUNDS FOR ASSISTANCE FOR COLOMBIA- Of the funds appropriated in titles III and IV of this Act, not more than $530,608,000 shall be available for assistance for Colombia: Provided, That not more than $49,500,000 shall be available from funds appropriated by this Act under the headings `FOREIGN MILITARY FINANCING PROGRAM' and `INTERNATIONAL MILITARY EDUCATION AND TRAINING' for assistance for Colombia: Provided further, That not less than $22,250,000 shall be available for rule of law activities from funds appropriated by this Act under the heading `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT': Provided further, That of the funds appropriated by this act under the heading `ECONOMIC SUPPORT FUND', not less than $218,500,000 shall be apportioned directly to the United States Agency for International Development (USAID) for alternative development/institution building and sustainable development programs, of which not less than $15,000,000 shall be made available for economic development activities in Afro-Colombian and indigenous communities, in consultation with Afro-Colombian and indigenous authorities and community members: Provided further, That with respect to funds apportioned to USAID under the previous proviso, the responsibility for policy decisions for the use of such funds, including what activities will be funded and the amount of funds that will be provided for each of those activities, shall be the responsibility of the Administrator of USAID in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs: Provided further, That with respect to funds apportioned to USAID under the third proviso of this section, not less than $16,500,000 shall be available for judicial reform programs in Colombia; not less than $8,250,000 shall be made available for assistance for organizations and programs to protect human rights; and not less than $5,000,000 shall be made available for assistance for the Fiscalia: Provided further, That funds made available to furnish assistance to the Government of Colombia in this Act and prior year Acts making appropriations for foreign operations, export financing, and related programs, may be used: (1) to support a unified campaign against narcotics trafficking and terrorist organizations and activities; and (2) to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations: Provided further, That the authority contained in the previous proviso shall cease to be effective if the Secretary of State has credible evidence that the Colombian Government is not conducting vigorous operations to restore government authority and respect for human rights in areas under the effective control of paramilitary, illegal self-defense groups, illegal security cooperatives, or other criminal and guerrilla organizations: Provided further, That the President shall ensure that if any helicopter procured with funds in this Act or prior Acts making appropriations for foreign operations, export financing, and related programs, is used to aid or abet the operations of any illegal self-defense group or illegal security cooperative, such helicopter shall be immediately returned to the United States.
LIMITATION ON ASSISTANCE TO THE PALESTINIAN AUTHORITY
SEC. 650. (a) PROHIBITION OF FUNDS- None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority.
(b) Waiver- The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the House of Representatives and the President pro tempore of the Senate that waiving such prohibition is important to the national security interests of the United States.
(c) Period of Application of Waiver- Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act.
(d) Report- Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. The report shall also include a description of how funds will be spent and the accounting procedures in place to ensure that they are properly disbursed.
LIMITATION ON ASSISTANCE TO SECURITY FORCES
SEC. 651. None of the funds made available by this Act may be provided to any unit of the security forces of a foreign country if the Secretary of State has credible evidence that such unit has committed gross violations of human rights, unless the Secretary determines and reports to the Committees on Appropriations that the government of such country is taking effective measures to bring the responsible members of the security forces unit to justice: Provided, That nothing in this section shall be construed to withhold funds made available under titles II through V of this Act from any unit of the security forces of a foreign country not credibly alleged to be involved in gross violations of human rights: Provided further, That in the event that funds are withheld from any unit pursuant to this section, the Secretary of State shall promptly inform the foreign government of the basis for such action and shall, to the maximum extent practicable, assist the foreign government in taking effective measures to bring the responsible members of the security forces to justice.
FOREIGN MILITARY TRAINING REPORT
SEC. 652. The annual foreign military training report required by section 656 of the Foreign Assistance Act of 1961 shall be submitted by the Secretary of Defense and the Secretary of State to the Committees on Appropriations of the House of Representatives and the Senate by the date specified in that section.
AUTHORIZATION REQUIREMENT
SEC. 653. Funds appropriated by this Act, except funds appropriated under the headings `TRADE AND DEVELOPMENT AGENCY', `OVERSEAS PRIVATE INVESTMENT CORPORATION', and `GLOBAL HIV/AIDS INITIATIVE', may be obligated and expended notwithstanding section 10 of Public Law 91-672 and section 15 of the State Department Basic Authorities Act of 1956.
LIBYA
SEC. 654. None of the funds made available in this Act may be used to carry out any diplomatic operations in Libya or accept the credentials of any representative of the Government of Libya until such time as the President certifies to Congress that Libya has taken irrevocable steps to pay, in its entirety, the total amount of the settlement commitment of $10,000,000 to the surviving families of each descendent of Pan Am Flight 103 and certifies to Congress that Libya will continue to work in good faith to resolve the outstanding cases of United States victims of terrorism sponsored or supported by Libya, including the settlement of the La Belle Discotheque bombing.
PALESTINIAN STATEHOOD
SEC. 655. (a) LIMITATION ON ASSISTANCE- None of the funds appropriated under titles II through V of this Act may be provided to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees that--
(1) a new leadership of a Palestinian governing entity has been democratically elected through credible and competitive elections;
(2) the elected governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to counter terrorism and terrorist financing in the West Bank and Gaza, including the dismantling of terrorist infrastructures; and
(C) is establishing a new Palestinian security entity that is cooperative with appropriate Israeli and other appropriate security organizations; and
(3) the Palestinian Authority (or the governing body of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include--
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgement of the sovereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones;
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of the refugee problem.
(b) Sense of Congress- It is the sense of Congress that the newly-elected governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance.
(c) Waiver- The President may waive subsection (a) if he determines that it is vital to the national security interests of the United States to do so.
(d) Exemption- The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or a newly-elected governing entity, in order to help meet the requirements of subsection (a), consistent with the provisions of section 650 of this Act (`Limitation on Assistance to the Palestinian Authority').
LIMITATIONS ON ASSISTANCE TO COLOMBIA
SEC. 656. (a) WITHHOLDING OF FUNDS FOR ASSISTANCE TO THE COLOMBIAN ARMED FORCES-
(1) REQUIREMENT TO WITHHOLD ASSISTANCE FUNDING- Notwithstanding any other provision of law, of the funds appropriated by this Act under the headings `ANDEAN COUNTERDRUG INITIATIVE' and `FOREIGN MILITARY FINANCING PROGRAM' that are available for assistance for the Colombian Armed Forces--
(A) 25 percent of such funds under each such heading shall be withheld from obligation until the Secretary of State consults with, and submits a written certification to the Committees on Appropriations that the Government of Colombia has met the requirements described in subparagraphs (A) through (D) of paragraph (2); and
(B) An additional 15 percent of such funds under each such heading shall be withheld from obligation until July 31, 2008, and shall only be obligated after the Secretary of State consults with, and submits a written certification to, the Committees on Appropriations that, the Government of Colombia is continuing to meet the requirements described in subparagraphs (A) through (D) of paragraph (2) and has met the requirements described in subparagraphs (E) and (F) of such paragraph.
(2) REQUIREMENTS- The requirements referred to in paragraph (1) are as follows:
(A) The Commander General of the Colombian Armed Forces is suspending from the Colombian Armed Forces those members, of whatever rank, who, according to the Minister of Defense or the Procuraduria General de la Nacion, have been credibly alleged to have committed gross violations of human rights, including extra-judicial killings, or to have aided or abetted paramilitary organizations.
(B) The Government of Colombia is investigating and prosecuting, in the civilian justice system, those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed human rights violations, including extra-judicial killings, torture, or attacks against human rights defenders, or to have aided or abetted paramilitary organizations or successor armed groups, is suspending such members during the course of investigation, and is promptly punishing those members of the Colombian Armed Forces found to have committed such violations of human rights or to have aided or abetted paramilitary organizations or successor armed groups.
(C) The Colombian Armed Forces have made demonstrable efforts to cooperate fully with civilian prosecutors and judicial authorities in cases referred to in subparagraph (B) (including providing requested information, such as the identity of persons suspended from the Armed Forces and the nature and cause of the suspension, and access to witnesses, relevant military documents, and other requested information).
(D) The Government of Colombia is ensuring that the Colombian Armed Forces are not violating the land and property rights of Colombia's indigenous and Afro-Colombian communities, and that the Colombian Armed Forces are appropriately distinguishing between civilians, including displaced persons, and combatants in their operations.
(E) The Colombian Armed Forces have made substantial progress in and are severing links (including denying access to military intelligence, vehicles, and other equipment or supplies, and ceasing other forms of active or tacit cooperation) at all levels, with paramilitary organizations or successor armed groups, especially in regions in which such organizations have or had a significant presence.
(F) The civilian judicial authorities of the Government of Colombia are making demonstrable progress in dismantling paramilitary leadership and financial networks by arresting and vigorously prosecuting under civilian criminal law individuals who have provided financial, planning, or logistical support, or have otherwise aided or abetted paramilitary organizations or successor armed groups, by identifying and confiscating land and other assets illegally acquired by paramilitary organizations or their associates and returning such land or assets to their rightful owners, by revoking reduced sentences for demobilized paramilitaries who engage in new criminal activity, and by arresting, prosecuting under civilian criminal law, and when requested, promptly extraditing to the United States, new, re-armed, and non-demobilized members of successor groups, especially in regions in which these networks have or had a significant presence.
(3) CERTAIN FUNDS EXEMPTED- The requirement to withhold funds from obligation pursuant to subparagraphs (A) and (B) of paragraph (1) shall not apply with respect to funds made available under the heading `ANDEAN COUNTERDRUG INITIATIVE' for continued support for the Critical Flight Safety Program or any alternative development programs in Colombia administered by the Bureau of International Narcotics and Law Enforcement Affairs of the Department of State.
(4) REPORT- At the time the Secretary of State submits the certifications required by paragraph (1)(A) and (1)(B) of this subsection, the Secretary shall also submit to the Committees on Appropriations a report that contains, with respect to each such paragraph, a detailed description of the specific actions taken by both the Colombian Government and Colombian Armed Forces which supports each requirement of the certification, and the cases or issues brought to the attention of the Secretary for which the response or action taken by the Colombian Government or Armed Forces has been inadequate.
(b) Congressional Notification- Funds made available by this Act for the Colombian Armed Forces shall be subject to the regular notification procedures of the Committees on Appropriations.
(c) Consultative Process- Not later than 60 days after the date of enactment of this Act, and every 90 days thereafter until September 30, 2010, the Secretary of State shall consult with internationally recognized human rights organizations regarding progress in meeting the requirements contained in subsection (a)(2).
(d) Definitions- In this section:
(1) AIDED OR ABETTED- The term `aided or abetted' means to provide any support to paramilitary or successor armed groups, including taking actions which allow, facilitate, or otherwise foster the activities of such groups.
(2) PARAMILITARY GROUPS- The term `paramilitary groups' means illegal self-defense groups and illegal security cooperatives, including those groups and cooperatives that have formerly demobilized but continue illegal operations, as well as parts thereof.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
SEC. 657. None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation.
SUPPORT OF PEACE PROCESS AND DEMOBILIZATION IN COLOMBIA
SEC. 658. (a) ASSISTANCE FOR DEMOBILIZATION AND DISARMAMENT OF FORMER IRREGULAR COMBATANTS IN COLOMBIA- (1) Of the funds appropriated in title III of this Act under the heading `ECONOMIC SUPPORT FUND', up to $23,000,000 shall be available for assistance for the demobilization and full dismantlement of foreign terrorist organizations in Colombia in accordance with the funding designations contained in paragraph (2) and, in the case of assistance under paragraph (2)(D), the certification requirements contained in paragraph (3).
(2) FUNDING DESIGNATION- Of the funds made available pursuant to paragraph (1)--
(A) $10,000,000 shall be made available to support the Justice and Peace and Human Rights Units of the Fiscalia for implementation of the Justice and Peace Law;
(B) not less than $5,000,000 shall be made available to support the Fiscalia, Procuraduria, or Defensoria for establishment of a victims' protection program;
(C) not less than $3,000,000 shall be made available to the Defensoria to support legal representation of victims as required by the Justice and Peace Law; and
(D) up to $5,000,000 shall be made available for assistance for the demobilization, disarmament, and reintegration of former members of foreign terrorist organizations (FTOs) in Colombia, specifically the United Self-Defense Forces of Colombia (AUC), the Revolutionary Armed Forces of Colombia (FARC) and the National Liberation Army (ELN), if the Secretary of State submits a certification described in paragraph (3) to the Committees on Appropriations prior to the initial obligation of amounts for such assistance.
(3) CERTIFICATION- The certification required by paragraph (2)(D) is a certification that--
(A) assistance for the fiscal year will be provided only for individuals who--
(i) have verifiably renounced and terminated any affiliation or involvement with FTOs or other illegal armed groups;
(ii) are meeting all the requirements of the Colombia Demobilization Program, including having fully and truthfully disclosed their involvement in past crimes and their knowledge of the foreign terrorist organizations structure, financing sources, illegal assets, and the location of kidnapping victims and bodies of the disappeared; and
(iii) are not involved in threatening or intimidating human rights defenders.
(B) the Government of Colombia is providing full cooperation to the Government of the United States to extradite the leaders and members of the FTOs who have been indicted in the United States for murder, kidnapping, narcotics trafficking, and other violations of United States law, and is immediately extraditing to the United States those commanders, leaders and members indicted in the United States who are credibly alleged to have breached the terms of the Colombia Demobilization Program, including by failing to fully confess their crimes, failing to disclose their assets, or committing new crimes since the approval of the Justice and Peace Law;
(C) the Government of Colombia is not taking any steps to legalize the titles of land or other assets illegally obtained and held by FTOs, their associates, or successors, has established effective procedures to identify such land and assets, and is vigorously confiscating and returning such land and other assets to their rightful owners; and the Government of Colombia's reintegration programs exclude any projects that would leave illegally obtained land or assets in the possession of FTO members, their associates, or successors;
(D) members of FTOs who receive sentence reductions under the Colombian Justice and Peace Law are serving their sentences in maximum-security penitentiary establishments, under conditions of detention that are appropriate to deter and effectively prevent them from continuing to engage in criminal activity;
(E) the Government of Colombia is implementing a concrete and workable framework for dismantling the organizational structures of foreign terrorist organizations;
(F) funds are not made available as cash payments to individuals and are available only for activities relating to demobilization, disarmament, reintegration (including training and education), and vetting; and
(G) the Government of Colombia is promptly, impartially, and thoroughly investigating all attacks against human rights defenders allegedly committed by FTOs or other illegal armed groups.
(4) REPORT- The report accompanying the certification required by paragraph (3) shall specify, with respect to each condition described in subparagraphs (A) through (G) of paragraph (3)--
(A) the action taken by the Colombian Government which supports the certification;
(B) the cases or issues brought to the attention of the Secretary for which the response or action taken by the Colombian Government has been inadequate; and
(C) the views of the Colombian Attorney General and the Inspector General with respect to the Colombian Government's actions in relation to the conditions described in subparagraphs (A) through (G) of paragraph (3).
(5) CONSULTATIVE PROCESS- Not later than 60 days after the date of enactment of this Act, and every 180 days thereafter until September 30, 2010, the Secretary of State shall consult with internationally recognized human rights and justice organizations, including organizations representing internally displaced persons, and representatives of victims of demobilized FTOs, regarding progress in meeting the conditions contained in paragraph (3).
(6) FOREIGN TERRORIST ORGANIZATION DEFINED- In this subsection the term `foreign terrorist organization' means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.
(7) CONGRESSIONAL NOTIFICATION- Funds made available in title III of this Act for demobilization/reintegration of former members of FTOs in Colombia shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(b) Assistance to the Organization of American States (OAS) Mission To Support the Peace Process in Colombia- Of the funds appropriated by this Act under the heading `ECONOMIC SUPPORT FUND', not less than $3,000,000 shall be made available to support the peace process in Colombia, as follows--
(1) not less than $2,700,000 shall be made available to the OAS Mission to Support the Peace Process in Colombia to assist the mission to fulfill its mandate of independent international verification of the paramilitary demobilization process; and
(2) not less than $300,000 may be made available to the Inter-American Commission on Human Rights to conduct monitoring of the demobilization process.
WEST BANK AND GAZA PROGRAM
SEC. 659. (a) OVERSIGHT- For fiscal year 2008, 30 days prior to the initial obligation of funds for the bilateral West Bank and Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading `ECONOMIC SUPPORT FUND' for the West Bank and Gaza.
(b) Vetting- Prior to the obligation of funds appropriated by this Act under the heading `ECONOMIC SUPPORT FUND' for assistance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor those that have as a trustee any member of a certified foreign terrorist organization. The Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which she has determined to be involved in or advocating terrorist activity.
(c) Prohibition-
(1) None of the funds appropriated under titles II through V of this Act for assistance under the West Bank and Gaza program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have committed acts of terrorism.
(2) Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations act, including funds made available by transfer, may be made available for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committee on Appropriations of the House of Representatives on the benchmarks that have been established for security assistance for the West Bank and Gaza and reports on the extent of Palestinian compliance with such benchmarks.
(d) Audits-
(1) The Administrator of the United States Agency for International Development shall ensure that Federal or non-Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $1,000,000 may be used by the Office of the Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements of this subsection.
(e) Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program in fiscal year 2008 under the heading `ECONOMIC SUPPORT FUND'. The audit shall address--
(1) the extent to which such Program complies with the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, and activities carried out under such Program, including both obligations and expenditures.
(f) Not later than 180 days after enactment of this act, the secretary of state shall submit a report to the committees on appropriations updating the report contained in section 2106 of chapter 2 of title II of Public Law 109-13.
CONTRIBUTIONS TO THE UNITED NATIONS POPULATION FUND
SEC. 660. (a) LIMITATIONS ON AMOUNT OF CONTRIBUTION- Of the amounts made available under `International Organizations and Programs' and `Child Survival and Health Programs Fund' accounts for fiscal year 2008, $40,000,000 shall be made available for the United Nations Population Fund (UNFPA): Provided, That of this amount, not less than $23,000,000 shall be derived from funds appropriated under the heading `International Organizations and Programs'.
(b) AVAILABILITY OF FUNDS- Funds appropriated under the heading `INTERNATIONAL ORGANIZATIONS AND PROGRAMS' in this Act that are available for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the `CHILD SURVIVAL AND HEALTH PROGRAMS FUND' account and shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA- None of the funds made available under this Act may be used by UNFPA for a country program in the People's Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS- Amounts made available under this Act for UNFPA may not be made available to UNFPA unless--
(1) UNFPA maintains amounts made available to UNFPA under this section in an account separate from other accounts of UNFPA;
(2) UNFPA does not commingle amounts made available to UNFPA under this section with other sums; and
(3) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-Dollar Withholding of Funds-
(1) Not later than four months after the date of enactment of this Act, the Secretary of State shall submit a report to the appropriate Congressional committees indicating the amount of funds that the UNFPA is budgeting for the year in which the report is submitted for a country program in the People's Republic of China.
(2) If a report under subparagraph (d) indicates that the UNFPA plans to spend funds for a country program in the People's Republic of China in the year covered by the report, then the amount of such funds that the UNFPA plans to spend in the People's Republic of China shall be deducted from the funds made available to the UNFPA after March 1 for obligation for the remainder of the fiscal year in which the report is submitted.
(f) Nothing in this section shall be construed to limit the authority of the President to deny funds to any organization by reason of the application of another provision of this Act or any other provision of law.
WAR CRIMINALS
SEC. 661. (a)(1) None of the funds appropriated or otherwise made available under titles II through V of this Act may be made available for assistance, and the Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to vote against any new project involving the extension by such institutions of any financial or technical assistance, to any country, entity, or municipality whose competent authorities have failed, as determined by the Secretary of State, to take necessary and significant steps to implement its international legal obligations to apprehend and transfer to the International Criminal Tribunal for the former Yugoslavia (the `Tribunal') all persons in their territory who have been indicted by the Tribunal and to otherwise cooperate with the Tribunal.
(2) The provisions of this subsection shall not apply to humanitarian assistance or assistance for democratization.
(b) The provisions of subsection (a) shall apply unless the Secretary of State determines and reports to the appropriate Congressional committees that the competent authorities of such country, entity, or municipality are--
(1) cooperating with the Tribunal, including access for investigators to archives and witnesses, the provision of documents, and the surrender and transfer of indictees or assistance in their apprehension; and
(2) are acting consistently with the Dayton Accords.
(c) Not less than ten days before any vote in an international financial institution regarding the extension of any new project involving financial or technical assistance or grants to any country or entity described in subsection (a), the Secretary of the Treasury, in consultation with the Secretary of State, shall provide to the Committees on Appropriations a written justification for the proposed assistance, including an explanation of the United States position regarding any such vote, as well as a description of the location of the proposed assistance by municipality, its purpose, and its intended beneficiaries.
(d) In carrying out this section, the Secretary of State, the Administrator of the United States Agency for International Development, and the Secretary of the Treasury shall consult with representatives of human rights organizations and all government agencies with relevant information to help prevent indicted war criminals from benefiting from any financial or technical assistance or grants provided to any country or entity described in subsection (a).
(e) The Secretary of State may waive the application of subsection (a) with respect to projects within a country, entity, or municipality upon a written determination to the Committees on Appropriations that such assistance directly supports the implementation of the Dayton Accords.
(f) Definitions- As used in this section:
(1) COUNTRY- The term `country' means Bosnia and Herzegovina, Croatia and Serbia.
(2) ENTITY- The term `entity' refers to the Federation of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika Srpska.
(3) MUNICIPALITY- The term `municipality' means a city, town or other subdivision within a country or entity as defined herein.
(4) DAYTON ACCORDS- The term `Dayton Accords' means the General Framework Agreement for Peace in Bosnia and Herzegovina, together with annexes relating thereto, done at Dayton, November 10 through 16, 1995.
USER FEES
SEC. 662. The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) and the International Monetary Fund to oppose any loan, grant, strategy or policy of these institutions that would require user fees or service charges on poor people for primary education or primary healthcare, including prevention, treatment and care efforts for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institutions' financing programs.
FUNDING FOR SERBIA
SEC. 663. (a) Funds appropriated by this Act may be made available for assistance for the central Government of Serbia and the Government of Montenegro after May 31, 2008, if the President has made the determination and certification contained in subsection (c).
(b) After May 31, 2008, the Secretary of the Treasury should instruct the United States Executive Director at each international financial institution to support loans and assistance to the Government of Serbia and Government of Montenegro subject to the conditions in subsection (c): Provided, That section 576 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997, as amended, shall not apply to the provision of loans and assistance to the Governments of Serbia and Montenegro through international financial institutions.
(c) The determination and certification referred to in subsection (a) is a determination by the President and a certification to the Committees on Appropriations that the Government of Serbia and the Government of Montenegro is--
(1) cooperating with the International Criminal Tribunal for the former Yugoslavia including access for investigators, the provision of documents, timely information on the location, travel, and sources of financial support of indictees, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic;
(2) taking steps that are consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and
(3) taking steps to implement policies which reflect a respect for minority rights and the rule of law.
(d) This section shall not apply to Kosovo and Montenegro, humanitarian assistance or assistance to promote democracy.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 664. (a) AUTHORITY- Funds made available by title III of this Act to carry out the provisions of chapter 1 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, may be used, notwithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, strategic planning, and through assistance to foster civilian police roles that support democratic governance including assistance for programs to prevent conflict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve.
(b) NOTIFICATION- Assistance provided under subsection (a) shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
SPECIAL DEBT RELIEF FOR THE POOREST
SEC. 665. (a) AUTHORITY TO REDUCE DEBT- The President may reduce amounts owed to the United States (or any agency of the United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the Arms Export Control Act; or
(3) any obligation or portion of such obligation, to pay for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit guarantee programs authorized pursuant to section 5(f) of the Commodity Credit Corporation Charter Act of June 29, 1948, as amended, section 4(b) of the Food for Peace Act of 1966, as amended (Public Law 89-808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95-501).
(b) Limitations-
(1) The authority provided by subsection (a) may be exercised only to implement multilateral official debt relief and referendum agreements, commonly referred to as `Paris Club Agreed Minutes'.
(2) The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts.
(3) The authority provided by subsection (a) may be exercised only with respect to countries with heavy debt burdens that are eligible to borrow from the International Development Association, but not from the International Bank for Reconstruction and Development, commonly referred to as `IDA-only' countries.
(c) CONDITIONS- The authority provided by subsection (a) may be exercised only with respect to a country whose government--
(1) does not have an excessive level of military expenditures;
(2) has not repeatedly provided support for acts of international terrorism;
(3) is not failing to cooperate on international narcotics control matters;
(4) does not engage in a consistent pattern of gross violations of internationally recognized human rights (including its military or other security forces); and
(5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
(d) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be used only with regard to the funds appropriated by this Act under the heading `DEBT RESTRUCTURING'.
(e) CERTAIN PROHIBITIONS INAPPLICABLE- A reduction of debt pursuant to subsection (a) shall not be considered assistance for the purposes of any provision of law limiting assistance to a country. The authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act of 1975.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
SEC. 666. (a) Loans Eligible for Sale, Reduction, or Cancellation-
(1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS- Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before January 1, 1995, pursuant to the Foreign Assistance Act of 1961, to the government of any eligible country as defined in section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than 40 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt, to support activities that link conservation and sustainable use of natural resources with local community development, and child survival and other child development, in a manner consistent with sections 707 through 710 of the Foreign Assistance Act of 1961, if the sale, reduction, or cancellation would not contravene any term or condition of any prior agreement relating to such loan.
(2) TERMS AND CONDITIONS- Notwithstanding any other provision of law, the President shall, in accordance with this section, establish the terms and conditions under which loans may be sold, reduced, or canceled pursuant to this section.
(3) ADMINISTRATION- The Facility, as defined in section 702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section. Such agency shall make adjustment in its accounts to reflect the sale, reduction, or cancellation.
(4) LIMITATION- The authorities of this subsection shall be available only to the extent that appropriations for the cost of the modification, as defined in section 502 of the Congressional Budget Act of 1974, are made in advance.
(b) DEPOSIT OF PROCEEDS- The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such loan.
(c) ELIGIBLE PURCHASERS- A loan may be sold pursuant to subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(d) DEBTOR CONSULTATIONS- Before the sale to any eligible purchaser, or any reduction or cancellation pursuant to this section, of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
(e) AVAILABILITY OF FUNDS- The authority provided by subsection (a) may be used only with regard to funds appropriated by this Act under the heading `DEBT RESTRUCTURING'.
BASIC EDUCATION
SEC. 667. (a) IN GENERAL- Of the funds appropriated by title III of this Act, not less than $750,000,000 shall be made available for assistance for developing countries for basic education. Of this amount, not less than $265,000,000 shall be provided and implemented in countries that have an approved national education plan.
(b) COORDINATOR- There shall be established within the Department of State in the immediate office of the Secretary of State, a Coordinator of United States Government activities to provide basic education assistance in developing countries (hereinafter in this section referred to as the `Coordinator').
(c) RESPONSIBILITIES- That this Coordinator shall have primary responsibility for the oversight and coordination of all resources and international activities of the United States Government that provide assistance in developing countries for basic education. The individual serving as the Coordinator may not hold any other position in the Federal Government during the individual's time of service as Coordinator.
(d) STRATEGY- The President shall develop a comprehensive integrated United States Government strategy to provide assistance in developing countries for basic education within 90 days of enactment of this Act.
(e) REPORT TO CONGRESS- Not later than September 30, 2008, the Secretary of State shall report to the Committees on Appropriations on the implementation of United States Government assistance programs in developing countries for basic education.
(f) Funds appropriated by title II of Public Law 109-102 and provided to the Comptroller General pursuant to section 567 of that Act shall be available until expended and are also available to the Comptroller General to conduct further evaluations of basic education programs in developing countries under the direction of the Committees on Appropriations.
RECONCILIATION PROGRAMS
SEC. 668. Of the funds appropriated by title III of this Act under the heading `ECONOMIC SUPPORT FUND', not less than $12,000,000 shall be made available to support Conflict Resolution and Reconciliation Programs and an additional amount of $11,000,000 shall be made available to support Middle East People to People Coexistence Programs to promote activities which bring together individuals of different ethnic, religious, and political backgrounds from areas of civil conflict and war.
SUDAN
SEC. 669. (a) LIMITATION ON ASSISTANCE- Subject to subsection (d):
(1) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan.
(2) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502, of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements.
(b) Subsection (a) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that:
(1) The Government of Sudan honors its pledges to cease attacks upon civilians and disarms and demobilizes the Janjaweed and other government-supported militias.
(2) The Government of Sudan and all government-supported militia groups are honoring their commitments made in all previous cease-fire agreements.
(3) The Government of Sudan is allowing unimpeded access to Darfur to humanitarian aid organizations, the human rights investigation and humanitarian teams of the United Nations, including protection officers, and the international monitoring team that is based in Darfur and has the support of the United States.
(c) EXCEPTIONS- The provisions of subsection (b) shall not apply to--
(1) humanitarian assistance;
(2) assistance for the Darfur region, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and
(3) assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement or any other internationally-recognized viable peace agreement in Sudan.
(d) DEFINITIONS- For the purposes of this Act, the term `Government of Sudan', shall not include the Government of Southern Sudan.
(e) Notwithstanding any other law, assistance in this Act may be made available to the Government of Southern Sudan to provide non-lethal military assistance, military education and training, and defense services controlled under the International Traffic in Arms Regulations (22 CRF 120.1 et seq.) if the Secretary of State--
(1) determines that the provision of such items is in the national interest of the United States; and
(2) not later than 15 days before the provision of any such assistance, notifies the Committees on Appropriations and the Committee on Foreign Relations in the Senate and the Committee on Foreign Affairs in the House of Representatives of such determination.
TRADE CAPACITY BUILDING
SEC. 670. Of the funds appropriated by this Act, under the headings `DEVELOPMENT ASSISTANCE', `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES', `ECONOMIC SUPPORT FUND', `ANDEAN COUNTERDRUG INITIATIVE', and `ASSISTANCE FOR THE INDEPENDENT STATES OF THE FORMER SOVIET UNION', not less than $525,000,000 should be made available for trade capacity building assistance: Provided, That $10,000,000 of the funds appropriated in this Act under the heading `ECONOMIC SUPPORT FUND' shall be made available for labor and environmental capacity building activities relating to the free trade agreement with the countries of Central America and the Dominican Republic.
EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES
SEC. 671. Notwithstanding section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008, funds available to the Department of Defense may be expended for crating, packing, handling, and transportation of excess defense articles transferred under the authority of section 516 of such Act to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, and Ukraine.
ASSISTANCE TO COLOMBIA LAW ENFORCEMENT TO COMBAT ILLEGAL ARMED GROUPS
SEC. 672. (a) Assistance to Law Enforcement and Intelligence Agencies-
(1) WITHHOLDING OBLIGATIONS OF FUNDS- The Secretary of State shall withhold the obligation of funds for assistance to any Colombian law enforcement or intelligence agency, including the Colombian National Police, the Fiscalia, and the Departamento Administrativo de Seguridad (the Intelligence Service), if the Secretary determines that--
(A) there has been significant infiltration of the agency by the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Self-Defense Forces of Colombia (AUC), successor groups, or criminal organizations; or
(B) the agency's leadership has willfully provided any support to such groups, including taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups.
(2) RESUMPTION OF ASSISTANCE- The Secretary of State may resume the obligation of funds suspended under paragraph (1) if the Secretary determines and certifies to the Committees on Appropriations, based on a careful review of the structure and membership of the agency involved, that it has credibly and effectively eliminated the penetration of individuals associated with illegal armed groups, and removed those leaders and members who were providing support to such groups.
(b) Illegal Armed Groups-
(1) DENIAL OF VISAS TO SUPPORTERS OF COLOMBIAN ILLEGAL ARMED GROUPS- Subject to paragraph (2), the Secretary of State shall not issue a visa to any alien who the Secretary determines, based on credible evidence--
(A) has willfully provided any support to the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), or the United Self-Defense Forces of Colombia (AUC), or successor groups, including taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups; or
(B) has committed, ordered, incited, assisted, or otherwise participated in the commission of gross violations of human rights, including extra-judicial killings, in Colombia.
(2) WAIVER- Paragraph (1) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa to the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons.
CUBA
SEC. 673. None of the funds appropriated by this Act under the heading `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT' may be made available for assistance to the Government of Cuba.
GENDER-BASED VIOLENCE
SEC. 674. Programs funded under titles III and IV of this Act that provide training for foreign police, judicial, and military officials, shall include, where appropriate, programs and activities that address gender-based violence.
LIMITATION ON ECONOMIC SUPPORT FUND ASSISTANCE FOR CERTAIN FOREIGN GOVERNMENTS THAT ARE PARTIES TO THE INTERNATIONAL CRIMINAL COURT
SEC. 675. (a) None of the funds made available in this Act under the heading `ECONOMIC SUPPORT FUND' may be used to provide assistance to the government of a country that is a party to the International Criminal Court and has not entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in such country.
(b) The President may, with prior notice to Congress, waive the prohibition of subsection (a) with respect to a North Atlantic Treaty Organization (`NATO') member country, a major non-NATO ally (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of Korea, and New Zealand), Taiwan, or such other country as he may determine if he determines and reports to the appropriate congressional committees that it is important to the national interests of the United States to waive such prohibition.
(c) The President may, with prior notice to Congress, waive the prohibition of subsection (a) with respect to a particular country if he determines and reports to the appropriate congressional committees that such country has entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against United States personnel present in such country.
(d) The prohibition of this section shall not apply to countries otherwise eligible for assistance under the Millennium Challenge Act of 2003, notwithstanding section 606(a)(2)(B) of such Act.
TIBET
SEC. 676. (a) The Secretary of the Treasury should instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring.
(b) Notwithstanding any other provision of law, not less than $5,000,000 of the funds appropriated by title III of this Act under the heading `ECONOMIC SUPPORT FUND' should be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China, and not less than $250,000 should be made available to the National Endowment for Democracy for human rights and democracy programs relating to Tibet.
WESTERN HEMISPHERE
SEC. 677. (a) Not less than the amounts of funds initially allocated for the fiscal year 2007 pursuant to section 653(a) of the Foreign Assistance Act of 1961 for El Salvador, Guatemala, Nicaragua, and Honduras under the headings `CHILD SURVIVAL AND HEALTH PROGRAMS FUND' and `DEVELOPMENT ASSISTANCE', should be made available for each such country from funds appropriated under such headings by this Act.
(b) Not less than the aggregate amount of funds initially allocated for the fiscal year 2007 pursuant to section 653(a) of the Foreign Assistance Act of 1961 for countries in the Western Hemisphere under the heading `FOREIGN MILITARY FINANCING PROGRAM', should be made available for such countries from funds appropriated under such heading by this Act: Provided, That not less than the following amounts from funds appropriated by this Act under such heading shall be made available to enhance security in the Western Hemisphere consistent with democratic principles and the rule of law--
(1) $48,000,000 for assistance for Colombia;
(2) $4,800,000 for assistance for El Salvador;
(3) $500,000 for assistance for Honduras;
(4) $300,000 for assistance for Bolivia;
(5) $250,000 for assistance for Guatemala; and
(6) $100,000 for assistance for Belize.
(c) Funds made available pursuant to subsection (b) shall be subject to the regular notification procedures of the Committees on Appropriations.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT MANAGEMENT
(INCLUDING TRANSFER OF FUNDS)
SEC. 678. (a) AUTHORITY- Up to $81,000,000 of the funds made available in title III of this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES', may be used by the United States Agency for International Development (USAID) to hire and employ individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions-
(1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175.
(2) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2009.
(c) CONDITIONS- The authority of subsection (a) may only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES', are eliminated.
(d) PRIORITY SECTORS- In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet personnel positions in technical skill areas currently encumbered by contractor or other non-direct hire personnel.
(e) CONSULTATIONS- The USAID Administrator shall consult with the Committees on Appropriations at least on a quarterly basis concerning the implementation of this section.
(f) PROGRAM ACCOUNT CHARGED- The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual's responsibilities primarily relate. Funds made available to carry out this section may be transferred to and merged and consolidated with funds appropriated for `OPERATING EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT'.
(g) MANAGEMENT REFORM PILOT- Of the funds made available in subsection (a), USAID may use, in addition to funds otherwise available for such purposes, up to $10,000,000 to fund overseas support costs of members of the Foreign Service with a Foreign Service rank of four or below: Provided, That such authority is only used to reduce USAID's reliance on overseas personal services contractors or other non-direct hire employees compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES'.
(h) DISASTER SURGE CAPACITY- Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading `ASSISTANCE FOR EASTERN EUROPE AND THE BALTIC STATES', may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by the United States Agency for International Development whose primary responsibility is to carry out programs in response to natural disasters.
OPIC TRANSFER AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
SEC. 679. Whenever the President determines that it is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total of $20,000,000 of the funds appropriated under title III of this Act may be transferred to and merged with funds appropriated by this Act for the Overseas Private Investment Corporation Program Account, to be subject to the terms and conditions of that account: Provided, That such funds shall not be available for administrative expenses of the Overseas Private Investment Corporation: Provided further, That designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations.
REPORTING REQUIREMENT
SEC. 680. The Secretary of State shall provide the Committees on Appropriations, not later than April 1, 2008, and for each fiscal quarter, a report in writing on the uses of funds made available under the headings `FOREIGN MILITARY FINANCING PROGRAM', `INTERNATIONAL MILITARY EDUCATION AND TRAINING', and `PEACEKEEPING OPERATIONS': Provided, That such report shall include a description of the obligation and expenditure of funds, and the specific country in receipt of, and the use or purpose of the assistance provided by such funds.
ANTICORRUPTION PROVISIONS
SEC. 681. Twenty percent of the funds appropriated under title V of this Act under the heading `INTERNATIONAL DEVELOPMENT ASSISTANCE', shall be withheld from disbursement until the Secretary of the Treasury reports to the appropriate Congressional committees on the extent to which the World Bank has completed the following:
(1) World Bank procurement guidelines have been applied to all procurement financed in whole or in part by a loan from the World Bank or a credit agreement or grant from the International Development Association (IDA).
(2) The World Bank proposal `Increasing the Use of Country Systems in Procurement' dated March 2005 has been withdrawn.
(3) The World Bank maintains a strong central procurement office staffed with senior experts who are designated to address commercial concerns, questions, and complaints regarding procurement procedures and payments under IDA and World Bank projects.
(4) Thresholds for international competitive bidding have been established to maximize international competitive bidding in accordance with sound procurement practices, including transparency, competition, and cost-effective results for the Borrowers.
(5) All tenders under the World Bank's national competitive bidding provisions are subject to the same advertisement requirements as tenders under international competitive bidding.
(6) Loan agreements between the World Bank and the Borrowers have been made public.
INDONESIA
SEC. 682. Of the funds appropriated by this Act under the heading `FOREIGN MILITARY FINANCING PROGRAM', not more than $6,000,000 may be made available for assistance for Indonesia, until the Secretary of State reports to the Committees on Appropriations on steps taken by the Government of Indonesia on the following--
(1) prosecution and punishment, in a manner proportional to the crime, for members of the Armed Forces who have been credibly alleged to have committed gross violations of human rights;
(2) cooperation by the Armed Forces, at the direction of the President of Indonesia, with civilian judicial authorities and with international efforts to resolve cases of gross violations of human rights in East Timor and elsewhere; and
(3) implementation by the Armed Forces, at the direction of the President of Indonesia, of reforms to increase the transparency and accountability of their operations and financial management.
ESTABLISHMENT OF THE GROWTH FUND
SEC. 683. Establishment of the GROWTH Fund-
(a) Establishment-
(1) IN GENERAL- The Secretary of State, acting through the Director of United States Foreign Assistance, shall establish the Global Resources and Opportunities for Women to Thrive (GROWTH) Fund for the purpose of enhancing economic opportunities for very poor, poor, and low-income women in developing countries with a focus on--
(A) increasing women-owned enterprise development;
(B) increasing property rights for women;
(C) increasing women's access to financial services;
(D) increasing women in leadership in implementing organizations, such as indigenous nongovernmental organizations, community-based organizations, and regulated financial intermediaries;
(E) improving women's employment benefits and conditions; and
(F) increasing women's ability to benefit from global trade.
(2) ROLE OF USAID MISSIONS- The Fund shall be available to USAID missions to apply for additional funding to support specific additional activities that enhance women's economic opportunities or to integrate gender into existing economic opportunity programs.
(b) ACTIVITIES SUPPORTED- The Fund shall be available to USAID missions to support--
(1) initiatives to eliminate legal and institutional barriers to women's ownership of assets, access to credit, access to information and communication technologies, and engagement in business activities within or outside of the home;
(2) microfinance and microenterprise development programs that--
(A) specifically target women with respect to outreach and marketing; and
(B) provide products specifically to address women's assets, needs, and the barriers women encounter with respect to participation in enterprise and financial services;
(3) programs, projects, and activities for enterprise development for women in developing countries that--
(A) in coordination with developing country governments and interested individuals and organizations, encourage or enhance laws, regulations, enforcement, and other practices that promote access to banking and financial services for women-owned small- and medium-sized enterprises, and eliminate or reduce regulatory barriers that may exist in this regard;
(B) promote access to information and communication technologies (ICT) with training in ICT for women-owned small- and medium-sized enterprises;
(C) provide training, through local associations of women-owned enterprises or nongovernmental organizations in record keeping, financial and personnel management, international trade, business planning, marketing, policy advocacy, leadership development, and other relevant areas;
(D) provide resources to establish and enhance local, national, and international networks and associations of women-owned small- and medium-sized enterprises;
(E) provide incentives for nongovernmental organizations and regulated financial intermediaries to develop products, services, and marketing and outreach strategies specifically designed to facilitate and promote women's participation in small- and medium-sized business development programs by addressing women's assets, needs, and the barriers they face to participation in enterprise and financial services; and
(F) seek to award contracts to qualified indigenous women-owned small- and medium-sized enterprises, including for post-conflict reconstruction and to facilitate employment of indigenous women, including during post-conflict reconstruction in jobs not traditionally undertaken by women;
(4) programs, projects, and activities for the promotion of private property rights and land tenure security for women in developing countries that are implemented by local, indigenous nongovernmental and community-based organizations dedicated to addressing the needs of women, especially women's organizations that--
(A) advocate to amend and harmonize statutory and customary law to give women equal rights to own, use, and inherit property;
(B) promote legal literacy among women and men about property rights for women and how to exercise such rights;
(C) assist women in making land claims and protecting women's existing claims; and
(D) advocate for equitable land titling and registration for women;
(5) activities to increase women's access to employment and to higher quality employment with better remuneration and working conditions in developing countries, including access to insurance and other social safety nets, in informal and formal employment relative to core labor standards determined by the International Labor Organization. Such activities should include--
(A) public education efforts to inform poor women and men of their legal rights related to employment;
(B) education and vocational training tailored to enable poor women to access opportunities in potential growth sectors in their local economies and in jobs within the formal and informal sectors where women are not traditionally highly represented;
(C) efforts to support self-employed poor women or wage workers to form or join independent unions or other labor associations to increase their income and improve their working conditions; and
(D) advocacy efforts to protect the rights of women in the workplace, including--
(i) developing programs with the participation of civil society to eliminate gender-based violence; and
(ii) providing capacity-building assistance to women's organizations to effectively research and monitor labor rights conditions;
(6) assistance to governments and organizations in developing countries seeking to design and implement laws, regulations, and programs to improve working conditions for women and to facilitate their entry into and advancement in the workplace;
(7) training and education to women in civil society, including those organizations representing poor women, and to women-owned enterprises and associations of such enterprises, on how to respond to economic opportunities created by trade preference programs, trade agreements, or other policies creating market access, including training on United States market access requirements and procedures;
(8) capacity-building for women entrepreneurs, including microentrepreneurs, on production strategies, quality standards, formation of cooperatives, market research, and market development;
(9) capacity-building to women, including poor women, to promote diversification of products and value-added processing;
(10) training to official government negotiators representing developing countries in order to enhance the ability of such negotiators to formulate trade policy and negotiate agreements that take into account the respective needs and priorities of a country's poor women and men;
(11) training to local, indigenous women's groups in developing countries in order to enhance their ability to collect information and data, formulate proposals, and inform and impact official government negotiators representing their country in international trade negotiations of the respective needs and priorities of a country's poor women and men; and
(12) technical assistance and capacity-building to local, indigenous civil society for--
(A) local indigenous women's organizations to the maximum extent practicable; and
(B) nongovernmental organizations and regulated financial intermediaries that demonstrate a commitment to gender equity in their leadership either through current practice or through specific programs to increase the representation of women in their governance and management.
PEACEKEEPING CAP
SEC. 684. (a) IN GENERAL- Section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is amended at the end by adding the following: `(v) For assessments made during calendar year 2008, 27.1 percent.'.
LIMITATION ON BASING IN IRAQ
SEC. 685. None of the funds made available in this Act may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq.
PROHIBITION ON USE OF TORTURE
SEC. 686. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government.
REPORT ON INDONESIAN COOPERATION
SEC. 687. Funds available under the heading `INTERNATIONAL MILITARY EDUCATION AND TRAINING' may only be made available for assistance for Indonesia if the Secretary of State submits a report to the Committees on Appropriations that describes:
(1) Steps taken by the Indonesian government to deny promotion to and to remove from service military officers indicted for serious crimes; the extent to which the Indonesian Government is cooperating with international efforts to bring current and past officials to justice; and that past and present Indonesian military officials are cooperating with domestic inquiries into past abuses, including the forced disappearance and killing of student activists in 1998 and 1999.
(2) The Indonesian government's response to the report of the Commission for Reception, Truth and Reconciliation in Timor-Leste and the June 2006 report of the report to the Secretary-General of the Commission of Experts to Review the Prosecution of Serious Violations of Human Rights in Timor-Leste in 1999.
(3) Steps taken by the Indonesian government to implement and enforce the 2004 Indonesian law which requires the Indonesian military to divest itself of legal and illegal businesses before 2009.
(4) The extent to which the Indonesian government has removed restrictions impending access to and travel within the provinces of Papua and West Irian Jaya by United Nations personnel, diplomats, journalists, international non-governmental organization personnel and researchers, humanitarian and human rights workers and others.
LIMITATION ON ASSISTANCE TO FOREIGN COUNTRIES THAT REFUSE TO EXTRADITE TO THE UNITED STATES ANY INDIVIDUAL ACCUSED IN THE UNITED STATES OF KILLING A LAW ENFORCEMENT OFFICER
SEC. 688. None of the funds made available in this Act for the Department of State may be used to provide assistance to the central government of a country which has notified the Department of State of its refusal to extradite to the United States any individual indicted in the United States for killing a law enforcement officer, as specified in a United States extradition request.
GOVERNMENTS THAT HAVE FAILED TO PERMIT CERTAIN EXTRADITIONS
SEC. 689. None of the funds made available in this Act for the Department of State, other than funds provided under the heading `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT', may be used to provide assistance to the central government of a country with which the United States has an extradition treaty and which government has notified the Department of State of its refusal to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole.
INTERNATIONAL MONETARY FUND BUDGET AND HIRING CEILINGS
SEC. 690. The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund to use the voice of the United States to ensure that any loan, project, agreement, memorandum, instrument, plan or other program of the International Monetary Fund does not penalize countries for increased government spending on healthcare or education by exempting such increases from national budget caps or restraints, hiring or wage bill ceilings or other limits imposed by the International Monetary Fund.
ENVIRONMENT PROGRAMS
SEC. 691. (a) FUNDING- Of the funds appropriated under the heading `DEVELOPMENT ASSISTANCE', not less than $501,000,000 shall be made available for programs and activities which directly protect biodiversity and promote clean energy.
(b) CLIMATE CHANGE REPORT- Not later than 60 days after the date on which the President's fiscal year 2009 budget request is submitted to Congress, the President shall submit a report to the Committees on Appropriations describing in detail the following:
(1) All Federal agency obligations and expenditures, domestic and international, for climate change programs and activities in fiscal year 2009, including an accounting of expenditures by agency with each agency identifying climate change activities and associated costs by line item as presented in the President's Budget Appendix.
(2) All fiscal year 2007 obligations and estimated expenditures, fiscal year 2008 estimated expenditures and estimated obligations, and fiscal year 2009 requested funds by the United States Agency for International Development, by country and central program, for each of the following--
(A) to promote the transfer and deployment of a wide range of United States clean energy and energy efficiency technologies;
(B) to assist in the measurement, monitoring, reporting, verification, and reduction of greenhouse gas emissions;
(C) to promote carbon capture and sequestration measures;
(D) to help meet such countries' responsibilities under the Framework Convention on Climate Change; and
(E) to develop assessments of the vulnerability to impacts of climate change and mitigation and adaptation response strategies.
(c) EXTRACTION OF NATURAL RESOURCES- (1) The Secretary of the Treasury shall inform the managements of the international financial institutions and the public that it is the policy of the United States that any assistance by such institutions (including but not limited to any loan, credit, grant, or guarantee) for the extraction and export of oil, gas, coal, timber, or other natural resource should not be provided unless the government of the country has in place or is taking the necessary steps to establish functioning systems for--
(A) accurately accounting for revenues and expenditures in connection with the extraction and export of the type of natural resource to be extracted or exported;
(B) the independent auditing of such accounts and the widespread public dissemination of the audits; and
(C) verifying government receipts against company payments including widespread dissemination of such payment information, and disclosing such documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create competitive disadvantage.
(2) Not later than 180 days after the enactment of this Act, the Secretary of the Treasury shall submit a report to the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other national resource since September 30, 2005.
UZBEKISTAN
SEC. 692. Assistance may be provided to the central Government of Uzbekistan only if the Secretary of State determines and reports to the Committees on Appropriations that the Government of Uzbekistan is making substantial and continuing progress in meeting its commitments under the `Declaration on the Strategic Partnership and Cooperation Framework Between the Republic of Uzbekistan and the United States of America', including respect for human rights, establishing a genuine multi-party system, and ensuring free and fair elections, freedom of expression, and the independence of the media, and that a credible international investigation of the May 31, 2005, shootings in Andijan is underway with the support of the Government of Uzbekistan: Provided, That for the purposes of this section `assistance' shall include excess defense articles.
DISCRIMINATION AGAINST MINORITY RELIGIOUS FAITHS IN THE RUSSIAN FEDERATION
SEC. 693. None of the funds appropriated for assistance under this Act may be made available for the Government of the Russian Federation, after 180 days from the date of the enactment of this Act, unless the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation has implemented no statute, executive order, regulation or similar government action that would discriminate, or which has as its principal effect discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party.
WAR CRIMES IN AFRICA
SEC. 694. (a) The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner.
(b) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance to the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL, including the surrender and transfer of indictees in a timely manner: Provided, That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance Act of 1961 or to project assistance under title II of this Act: Provided further, That the United States shall use its voice and vote in the United Nations Security Council to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner.
(c) The prohibition in subsection (b) may be waived on a country by country basis if the President determines that doing so is in the national security interest of the United States: Provided, That prior to exercising such waiver authority, the President shall submit a report to the Committees on Appropriations, in classified form if necessary, on--
(1) the steps being taken to obtain the cooperation of the government in surrendering the indictee in question to the court of jurisdiction;
(2) a strategy, including a timeline, for bringing the indictee before such court; and
(3) the justification for exercising the waiver authority.
COMBATTING PIRACY OF UNITED STATES COPYRIGHTED MATERIALS
SEC. 695. (a) PROGRAM AUTHORIZED- The Secretary of State may carry out a program of activities to combat piracy in countries that are not members of the Organization for Economic Cooperation and Development (OECD), including activities as follows:
(1) The provision of equipment and training for law enforcement, including in the interpretation of intellectual property laws.
(2) The provision of training for judges and prosecutors, including in the interpretation of intellectual property laws.
(3) The provision of assistance in complying with obligations under applicable international treaties and agreements on copyright and intellectual property.
(b) CONSULTATION WITH WORLD INTELLECTUAL PROPERTY ORGANIZATION- In carrying out the program authorized by subsection (a), the Secretary shall, to the maximum extent practicable, consult with and provide assistance to the World Intellectual Property Organization in order to promote the integration of countries described in subsection (a) into the global intellectual property system.
(c) FUNDING- Of the amount appropriated or otherwise made available under the heading `INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT', $5,000,000 may be made available in fiscal year 2008 for the program authorized by subsection (a).
OVERSIGHT OF IRAQ RECONSTRUCTION
SEC. 696. (a) Section 3001 of the Emergency Supplemental Appropriations Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of Public Law 95-452), as amended by section 1054(b) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2397), section 2 of the Iraq Reconstruction Accountability Act of 2006 (Public Law 109-440), and section 3801 of the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (Public Law 110-28) is amended--
(1) in subsection (h)(1) by striking `pay rates.' and inserting `pay rates, and may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of such section).';
(2) in subsection (o)(1)(B) by striking `fiscal year 2006 or fiscal year 2007' and inserting `fiscal years 2006 through 2008'; and
(3) by adding at the end of such section the following subsection:
`(p) RULE OF CONSTRUCTION- For the purposes of carrying out the duties of the Inspector General, any United States funds appropriated or otherwise made available for fiscal years 2006 through 2008 for the reconstruction of Iraq, irrespective of the designation of such funds, shall be deemed to be amounts appropriated or otherwise made available to the Iraq Relief and Reconstruction Fund.'.
(b) Section 1054(a) of Public Law 109-364 is amended by striking `fiscal year 2006' and inserting `fiscal years 2006 through 2008'.
UNITED NATIONS HEADQUARTERS RENOVATION
SEC. 697. It is the sense of the Congress that the amount of any loan for the renovation of the United Nations headquarters building located in New York, New York, should not exceed $600,000,000: Provided, That if any loan exceeds $600,000,000, the Secretary of State shall notify the Congress of the current cost of the renovation and cost containment measures.
NEGLECTED DISEASES
SEC. 698. Of the funds appropriated under the heading `Child Survival and Health Programs Fund', not less than $18,000,000 shall be made available to support an integrated response to the control of neglected diseases including intestinal parasites, schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and leprosy: Provided, That the Administrator of the United States Agency for International Development shall consult with the Committees on Appropriations, representatives from the relevant international technical and nongovernmental organizations addressing the specific diseases, recipient countries, donor countries, the private sector, UNICEF and the World Health Organization: (1) on the most effective uses of such funds to demonstrate the health and economic benefits of such an approach; and (2) to develop a multilateral, integrated initiative to control these diseases that will enhance coordination and effectiveness and maximize the leverage of United States contributions with those of other donors: Provided further, That funds made available pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations.
ASSISTANCE FOR EGYPT
SEC. 699. (a) FOREIGN MILITARY FINANCING PROGRAM- Of the funds appropriated by this Act for Egypt under the heading `FOREIGN MILITARY FINANCING PROGRAM', $200,000,000 shall not be made available for obligation until the Secretary of State certifies and reports to the Committees on Appropriations that the Government of Egypt has taken concrete and measurable steps to--
(1) enact and implement a new judicial authority law that protects the independence of the judiciary;
(2) review criminal procedures and train police leadership in modern policing to curb police abuses; and
(3) detect and destroy the smuggling network and smuggling tunnels that lead from Egypt to Gaza.
RELIEF FOR THE HMONG AND MONTAGNARDS
SEC. 699A. Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), is amended by adding at the end the following new clause: `Clause (vi) shall not apply to the Hmong or Montagnards on the basis of any act or event occurring in or before 1975'.T
Section 212(a)(3)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended by striking `Subclause (VII)' and replacing it with `Subclause (IX)'.
REPORT ON ANTI-CORRUPTION ACTIVITIES
SEC. 699B. (a) REPORT REQUIRED- Not later than May 1, 2008, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the Chief Executive Officer of the Millennium Challenge Corporation, shall submit to Committees on Appropriations a report on the level of corruption in each country that receives assistance in this Act under the heading `Development Assistance', `Assistance for Eastern Europe and the Baltic States', or `Assistance for the States of the Former Soviet Union'.
(b) MATTERS TO BE INCLUDED- The report required by subsection (a) shall--
(1) assess the level of corruption in each country's political, economic, and judicial sectors, including detailed information regarding specific acts of corruption;
(2) assess the extent to which recent elections in each country have been free and fair;
(3) include information regarding steps each country has taken to combat corruption;
(4) describe at the program, project, and activity level how the United States assistance is designed to strengthen anti-corruption activities in each country, including specific outcome goals and objectives; and
(5) include an identification of countries that the Secretary of State determines require special scrutiny for fiscal year 2009, including an identification of countries that the Secretary determines are not making significant efforts to comply with minimum standards for anti-corruption activities.
(c) METHODOLOGY- Not later than September 30, 2007, the Secretary of State shall provide to the Committees on Appropriations a detailed description of--
(1) the methodology for assessing the level of corruption in each country for purposes of preparing the report required by subsection (a) and for evaluating each country's annual progress in fighting corruption; and
(2) the indicators upon which the Secretary will make such assessments.
PROGRAMS TO IMPROVE DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN
SEC. 699C. Of the funds appropriated in this Act, $50,000,000 should be made available for programs to improve democracy, the rule of law, and governance in Iran.
SEC. 699D. None of the funds made available in this Act may be used for negotiating the participation of additional countries under the visa waiver program described in section 217 of the Immigration and Nationality Act (8 U.S.C. 1187).
LIMITATION ON USE OF FUNDS RELATING TO RESTRICTIONS ON RELATIONS WITH TAIWAN
SEC. 699E. None of the funds made available in this Act may be used to enforce any of the provisions in the Memorandum to all Department and Agency Executive Secretaries dated, February 2, 2001, and entitled `Guidelines on Relations With Taiwan'.
SEC. 699F. None of the funds made available in this Act may be used to carry out the diversity visa program under sections 201(e), 203(c), or 204(a)(1)(I) of the Immigration and Nationality Act (8 U.S.C. 1151(e), 1153(c), and 1154(a)(1)(I)).
SEC. 699G. None of the funds made available in this Act may be expended in violation of section 243(d) of the Immigration and Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing granting visas to nationals of countries denying or delaying accepting aliens removed from the United States).
SEC. 699H. None of the funds made available in this Act may be used to purchase light bulbs for operations in the United States unless the light bulbs have the `ENERGY STAR' or `Federal Energy Management Program' designation.
SEC. 699I. None of the funds made available in this Act under the heading `Economic Support Fund' may be made available for Ethiopia.
SEC. 699J. None of the funds made available in this Act may be used by the Department of State as a contribution for the United Nations Human Rights Council.
SEC. 699K. None of the funds made available in this Act may be used to provide an immigrant or nonimmigrant visa to a national or citizen of a country with which the United States maintains diplomatic relations and the central government of which has notified the Secretary of State of its refusal to extradite to the United States any individual indicted in the United States for killing a law enforcement officer, as specified in a United States extradition request.
SEC. 699L. None of the funds made available in this Act may be used for the International Seabed Authority or the Enterprise of the International Seabed Authority.
SEC. 699M. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States.
PROHIBITION AGAINST ASSISTANCE TO SAUDI ARABIA
SEC. 699N. None of the funds appropriated or otherwise made available pursuant to this Act--
(1) shall be obligated or expended to finance any assistance to Saudi Arabia; or
(2) shall be used to execute a waiver of section 571 or 614 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa or 2364) with regard to assistance to Saudi Arabia.
SEC. 699O. None of the funds made available in this Act may be used to provide direct aid to the Palestinian Authority, except as otherwise provided by existing law.
This Act may be cited as `The Department of State, Foreign Operations and Related Programs Appropriations Act, 2008'.
Passed the House of Representatives June 22 (legislative day, June 21), 2007. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
END
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