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Party (KNLP), the Arakan Liberation 
Party (ALP), the Mustangs, the Alzados, 
and the Karenni National Progressive 
Party shall not be considered to be a ter-
rorist organization on the basis of any act 
or event occurring before the date of enact-
ment of this section. Nothing in this sub-
section may be construed to alter or limit 
the authority of the Secretary of State and 
Secretary of Homeland Security to exercise 
their discretionary authority pursuant to 
212(d)(3)(B)(i) 
(8 
U.S.C. 
1182(d)(3)(B)(i)).’’. 
(c) 
DURESS
EXCEPTION.—Section 
212(a)(3)(B)(iv)(VI) of the Immigration and Nationality 
Act (8 U.S.C. 1182(a)(3)(B)(iv)(VI)) is amended by adding 
at the end: ‘‘It shall be an affirmative defense to inadmis-
sibility under this subsection that the actor provided mate-
rial support under duress.’’. 
(d) TECHNICAL CORRECTION. IN GENERAL.—Section 
212(a)(3)(B)(ii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ‘‘Sub-
clause (VII)’’ and replacing it with ‘‘Subclause (IX)’’.
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(e) REGULATIONS.—Section 212(d)(3)(B) of the Immi-
gration and Nationality Act (8 U.S.C. 1182(d)(3)(B)) is 
amended by adding the following subsection: 
‘‘(iii) Not later than 180 days after the 
date of enactment of this Act, the Secretary 
of the Department of Homeland Security 
and Secretary of State shall each publish in 
the Federal Register regulations establishing 
the process by which the eligibility of a ref-
ugee, asylum seeker, or individual seeking to 
adjust his or her immigration status is con-
sidered eligible for any of the exceptions au-
thorized by clause (i), including a timeline 
for issuing a determination.’’ 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of enactment of this sec-
tion, and these amendments and sections 212(a)(3)(B) and 
212(d)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)), as amended by 
these sections, shall apply to— 
(1) removal proceedings instituted before, on, or 
after the date of enactment of this section; and 
(2) acts and conditions constituting a ground for 
inadmissibility, excludability, deportation, or removal 
occurring or existing before, on, or after such date.
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CLUSTER MUNITIONS 
SEC. 695. During the current fiscal year, no military 
assistance shall be furnished for cluster munitions, no de-
fense export license for cluster munitions may be issued, 
and no cluster munitions or cluster munitions technology 
shall be sold or transferred, unless— 
(1) the submunitions of the cluster munitions 
have a 99 percent or higher tested rate; and 
(2) the agreement applicable to the assistance, 
transfer, or sale of the cluster munitions or cluster 
munitions technology specifies that the cluster muni-
tions will only be used against clearly defined mili-
tary targets and will not be used where civilians are 
known to be present. 
CUBA 
SEC. 696. (a) Subject to subsection (b), of the funds 
appropriated by this Act under the heading ‘‘International 
Narcotics Control and Law Enforcement’’, $1,000,000 shall 
be made available for preliminary work by the Department 
of State, or such other entity as the Secretary of State may 
designate, to establish cooperation with appropriate agen-
cies of the Government of Cuba on counter-narcotics mat-
ters, including matters relating to cooperation, coordina-
tion, and mutual assistance in the interdiction of illicit 
drugs being transported through Cuba airspace or over 
Cuba waters.
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(b) The amount in subsection (a) shall not be available 
if the Secretary certifies to the Committees on Appropria-
tions that— 
(1) Cuba does not have in place appropriate pro-
cedures to protect against the loss of innocent life in 
the air and on the ground in connection with the 
interdiction of illegal drugs; and 
(2) there is credible evidence of involvement of 
the Government of Cuba in drug trafficking during 
the preceeding 10 years. 
LIBYA 
SEC. 697. (a) None of the funds appropriated by this 
Act may be made available for— 
(1) construction of a new United States embassy 
in Libya; 
(2) activities in Libya related to energy develop-
ment; or 
(3) activities in Libya which support investment 
in Libya’s hydrocarbon sector, including the proc-
essing of applications for dual-use export licenses. 
(b) The prohibitions in subsection (a) shall no longer 
apply if the Secretary of State certifies to the Committees 
on Appropriations that the Government of Libya has made 
the final settlement payments to the Pan Am 103 victims’ 
families, paid to the LaBelle Disco bombing victims their 
agreed upon settlement amounts, and is engaging in good
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faith settlement discussions regarding other relevant ter-
rorism cases. 
(c) Not later than 90 days after enactment of this Act 
and 90 days thereafter, the Secretary shall submit a report 
to the Committees on Appropriations describing (1) actions 
taken by the Department of State to facilitate a resolution 
of these cases; and (2) United States commercial activities 
in Libya’s energy sector. 
CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS 
SEC. 698. Section 1059(c) of the National Defense Au-
thorization Act for Fiscal Year 2006 (8 U.S.C. 1101 note) 
is amended by adding at the end the following: 
‘‘(3) CARRY FORWARD.—If the numerical limita-
tion described in paragraph (1) is not reached during 
a given fiscal year, the numerical limitation for the 
following fiscal year shall be increased by a number 
equal to the difference between the number of visas 
authorized for the given fiscal year and the number 
of aliens provided special immigrant status during 
the given fiscal year.’’. 
GLOBAL FUND CONTRIBUTION 
(INCLUDING RESCISSION OF FUNDS) 
SEC. 699. (a) The amount appropriated or otherwise 
made available by title III for bilateral assistance for Glob-
al Health Programs is hereby increased by $40,000,000.
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(b) The amount appropriated or otherwise made avail-
able for such purpose and available for a United States con-
tribution to the Global Fund to Fight AIDS, Tuberculosis, 
and Malaria is hereby increased by $40,000,000. 
(c) Of the unobligated balances of amounts appro-
priated or otherwise made available in prior appropria-
tions Acts under the heading ‘‘Economic Support Fund’’, 
$40,000,000 is rescinded. 
REFERENCES 
SEC. 699A. Except as otherwise provided, any ref-
erence in titles II through V, including the general provi-
sions for such titles, to ‘‘this Act’’ shall be deemed to be 
a reference to titles II through V of the Department of State, 
Foreign Operations, and Related Programs Appropriations 
Act, 2008. 
This Act may be cited as the ‘‘Department of State, 
Foreign Operations, and Related Programs Appropriations 
Act, 2008’’.