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CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS
MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the Americas Multi-
lateral 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 Develop-
ment Bank Act, as amended, $65,000,000, to remain avail-
able 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 Develop-
ment Bank may subscribe without fiscal year limitation for
the callable capital portion of the United States share of
such capital stock in an amount not to exceed $31,918,770.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary
of the Treasury to the increase in resources of the African
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Development Fund, $105,000,000, to remain available until
expended.
CONTRIBUTION TO THE EUROPEAN BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the European Bank for Reconstruction
and Development by the Secretary of the Treasury, $10,159
for the United States share of the paid-in portion of the
increase in capital stock, to remain available until ex-
pended.
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 Par-
ticipation Act of 1973, $313,925,000: Provided, That of the
funds appropriated under this heading that are available
for the Organization of American States Fund for Strength-
ening Democracy, $500,000 shall be subject to the regular
notification procedures of the Committees on Appropria-
tions.
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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 institu-
tion while the United States Executive Director to such in-
stitution 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 occu-
pying 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 finan-
cial institutions’’ are: the International Bank for Recon-
struction and Development, the Inter-American Develop-
ment Bank, the Asian Development Bank, the Asian Devel-
opment 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.
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ALLOCATIONS
SEC. 602. (a) Funds provided in this Act for the fol-
lowing accounts shall be made available for programs and
countries in the amounts contained in the respective tables
included in the report accompanying this Act:
‘‘Educational and Cultural Exchange Pro-
grams’’.
‘‘Embassy Security, Construction, and Mainte-
nance’’.
‘‘International Fisheries Commissions’’.
‘‘International Broadcasting Operations’’.
‘‘Global Health Programs’’.
‘‘Economic Support Fund’’.
‘‘Assistance for Eastern Europe and the Baltic
States’’.
‘‘Assistance for the Independent States of the
Former Soviet Union’’.
‘‘Democracy Fund’’.
‘‘Andean Programs’’.
‘‘Nonproliferation, 
Anti-Terrorism, 
Demining
and Related Programs’’.
‘‘Foreign Military Financing Program’’.
‘‘International Organizations and Programs’’.
(b) Any proposed increases or decreases to the amounts
contained in such tables in the accompanying report shall
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be subject to the regular notification procedures of the Com-
mittees on Appropriations and section 634A of the Foreign
Assistance Act of 1961.
LIMITATION ON RESIDENCE EXPENSES
SEC. 603. Of the funds appropriated or made available
pursuant to title III of this Act, not to exceed $100,500 shall
be for official residence expenses of the United States Agency
for International Development during the current fiscal
year: Provided, That appropriate steps shall be taken to as-
sure that, to the maximum extent possible, United States-
owned foreign currencies are utilized in lieu of dollars.
UNOBLIGATED BALANCES
SEC. 604. Any Department or Agency to which funds
are appropriated or otherwise made available by this Act
shall provide, upon request of the Committees on Appro-
priations, an accurate accounting by program, project, and
activity of the funds received by such Department or Agency
in this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
LIMITATION ON REPRESENTATIONAL ALLOWANCES
SEC. 605. Of the funds appropriated or made available
pursuant to this Act, not to exceed $250,000 shall be avail-
able for representation and entertainment allowances, of
which not to exceed $5,000 shall be available for entertain-
ment allowances, for the United States Agency for Inter-
national Development during the current fiscal year: Pro-
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vided, That no such entertainment funds may be used for
the purposes listed in section 648 of this Act: Provided fur-
ther, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned for-
eign currencies are utilized in lieu of dollars: Provided fur-
ther, That of the funds made available by this Act for gen-
eral 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 ‘‘Inter-
national 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
$4,000 shall be available for entertainment and representa-
tion allowances: Provided further, That of the funds made
available by this Act under the heading ‘‘United States-
China Economic and Security Review Commission’’, not
to exceed $3,000 shall be available for official reception, rep-
resentation, and entertainment allowances: Provided fur-
ther, That of the funds made available by this Act for the
Peace Corps, not to exceed a total of $4,000 shall be avail-
able for entertainment expenses: Provided further, That of
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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 al-
lowances: Provided further, That of the funds made avail-
able by this Act under the heading ‘‘Millennium Challenge
Corporation’’, not to exceed $115,000 shall be available for
representation and entertainment allowances.
PROHIBITION ON TAXATION OF UNITED STATES
ASSISTANCE
SEC. 606. (a) PROHIBITION ON TAXATION.—None of
the funds appropriated by this Act may be made available
to provide assistance for a foreign country under a new bi-
lateral agreement governing the terms and conditions under
which such assistance is to be provided unless such agree-
ment includes a provision stating that assistance provided
by the United States shall be exempt from taxation, or reim-
bursed, 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 fi-
nanced under United States assistance programs for which
funds are appropriated by this Act, either directly or
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through grantees, contractors and subcontractors shall be
withheld from obligation from funds appropriated for as-
sistance 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 cer-
tifies and reports in writing to the Committees on Appro-
priations 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 sub-
section (b).
(d) REPROGRAMMING
OF FUNDS.—Funds withheld
from obligation for each country or entity pursuant to sub-
section (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 sub-
stantial 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
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(B) the foreign policy interests of the United
States outweigh the policy of this section to en-
sure 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 re-
gard 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 assist-
ance 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 Govern-
ment of the United States and the government of the
country receiving assistance that describes the privi-
leges and immunities applicable to United States for-
eign assistance for such country generally, or an indi-
vidual agreement between the Government of the
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United States and such government that describes,
among other things, the treatment for tax purposes
that will be accorded the United States assistance
provided under that agreement.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN
COUNTRIES
SEC. 607. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance or reparations
to Cuba, North Korea, Iran, or Syria: Provided, That for
purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance
and guarantees of the Export-Import Bank or its agents.
MILITARY COUPS
SEC. 608. None of the funds appropriated or otherwise
made available pursuant to this Act shall be obligated or
expended to finance directly any assistance to the govern-
ment of any country whose duly elected head of government
is deposed by military coup or decree: Provided, That as-
sistance may be resumed to such government if the Presi-
dent determines and certifies to the Committees on Appro-
priations that subsequent to the termination of assistance
a democratically elected government has taken office: Pro-
vided further, That the provisions of this section shall not
apply to assistance to promote democratic elections or pub-
lic participation in democratic processes: Provided further,
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That funds made available pursuant to the previous pro-
visos shall be subject to the regular notification procedures
of the Committees on Appropriations.
TRANSFERS
SEC. 609. (a) DEPARTMENT OF STATE AND BROAD-
CASTING BOARD OF GOVERNORS.—Not to exceed 5 percent
of any appropriation made available for the current fiscal
year for the Department of State in this Act may be trans-
ferred between such appropriations, but no such appropria-
tion, except as otherwise specifically provided, shall be in-
creased by more than 10 percent by any such transfers: Pro-
vided, That not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Broad-
casting Board of Governors in this Act may be transferred
between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased
by more than 10 percent by any such transfers: Provided
further, That any transfer pursuant to this section shall be
treated as a reprogramming of funds under section 104 of
this Act and shall not be available for obligation or expendi-
ture except in compliance with the procedures set forth in
that section.
(b)(1) LIMITATION ON TRANSFERS BETWEEN AGEN-
CIES.—None of the funds made available by this Act may
be transferred to any department, agency, or instrumen-
tality of the United States Government, except pursuant to
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a transfer made by, or transfer authority provided in, this
Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to
transfers made by, or authorized elsewhere in, this Act,
funds appropriated by this Act to carry out the purposes
of the Foreign Assistance Act of 1961 may be allocated or
transferred to agencies of the United States Government
pursuant to the provisions of sections 109, 610, and 632
of the Foreign Assistance Act of 1961.
(c) TRANSFERS BETWEEN ACCOUNTS.—None of the
funds made available by this Act may be obligated under
an appropriation account to which they were not appro-
priated, except for transfers specifically provided for in this
Act, unless the President provides notification in accord-
ance with the regular notification procedures of the Com-
mittees on Appropriations.
(d) AUDIT
OF
INTER-AGENCY
TRANSFERS.—Any
agreement for the transfer or allocation of funds appro-
priated 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 agen-
cy receiving the transfer or allocation of such funds shall
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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 pro-
vide financing to Israel, Egypt and NATO and major non-
NATO allies for the procurement by leasing (including leas-
ing 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 pol-
icy or national security reasons for those defense articles
being provided by commercial lease rather than by govern-
ment-to-government sale under such Act.
AVAILABILITY OF FUNDS
SEC. 611. No part of any appropriation contained in
this Act shall remain available for obligation after the expi-
ration of the current fiscal year unless expressly so provided
in this Act: Provided, That funds appropriated for the pur-
poses of chapters 1, 8, 11, and 12 of part I, section 661,
section 667, chapters 4, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Con-
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trol Act, and funds provided under the heading ‘‘Assistance
for Eastern Europe and the Baltic States’’, shall remain
available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired,
if such funds are initially obligated before the expiration
of their respective periods of availability contained in this
Act: Provided further, That, notwithstanding any other pro-
vision of this Act, any funds made available for the pur-
poses 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 re-
main available until expended: Provided further, That the
Director of the Trade and Development Agency shall notify
the Committees on Appropriations not later than 15 days
prior to any reobligation of funds appropriated for the pur-
poses of section 661 of part II of the Foreign Assistance
Act of 1961.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 612. No part of any appropriation contained in
this Act shall be used to furnish assistance to the govern-
ment of any country which is in default during a period
in excess of 1 calendar year in payment to the United
States of principal or interest on any loan made to the gov-
ernment of such country by the United States pursuant to
a program for which funds are appropriated under this Act
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unless the President determines, following consultations
with the Committees on Appropriations, that assistance to
such country is in the national interest of the United States.
COMMERCE AND TRADE
SEC. 613. (a) None of the funds appropriated or made
available pursuant to this Act for direct assistance and
none of the funds otherwise made available pursuant to this
Act to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of
any commodity for export by any country other than the
United States, if the commodity is likely to be in surplus
on world markets at the time the resulting productive ca-
pacity 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 Assist-
ance Act of 1961 shall be available for any testing or breed-
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ing feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connec-
tion with the growth or production in a foreign country
of an agricultural commodity for export which would com-
pete 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 agricul-
tural commodities of the United States; or
(2) research activities intended primarily to ben-
efit 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 Inter-
national Development Association, the International Fi-
nance 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 avail-
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able pursuant to this Act, for the production or extraction
of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substan-
tial injury to United States producers of the same, similar,
or competing commodity.
REPROGRAMMING NOTIFICATION REQUIREMENTS
SEC. 615. (a) None of the funds made available in all
titles of this Act, or in prior appropriations Acts to the
agencies and departments funded by this Act that remain
available for obligation or expenditure in fiscal year 2008,
or provided from any accounts in the Treasury of the
United States derived by the collection of fees or of currency
reflows or other offsetting collections, or made available by
transfer, to the agencies and departments funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates new programs;
(2) eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) closes or opens a mission or post;
(6) reorganizes or renames offices; (7) reorganizes programs
or activities; or (8) contracts out or privatizes any functions
or activities presently performed by Federal employees; un-
less the Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
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(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) aug-
ments 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 ap-
proved by Congress; or (3) results from any general savings,
including savings from a reduction in personnel, which
would result in a change in existing programs, activities,
or projects as approved by Congress; unless the Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(c) For the purposes of providing the executive branch
with the necessary administrative flexibility, none of the
funds made available under titles II through V of this Act
for ‘‘Global Health Programs’’, ‘‘Development Assistance’’,
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‘‘International Organizations and Programs’’, ‘‘Trade and
Development Agency’’, ‘‘International Narcotics Control
and Law Enforcement’’, ‘‘Andean Programs’’, ‘‘Assistance
for Eastern Europe and the Baltic States’’, ‘‘Assistance for
the Independent States of the Former Soviet Union’’, ‘‘Eco-
nomic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Peacekeeping
Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Ex-
penses of the United States Agency for International Devel-
opment’’, ‘‘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 coun-
try only), ‘‘Foreign Military Financing Program’’, ‘‘Inter-
national 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 Com-
mittees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations
of both Houses of Congress are previously notified 15 days
in advance: Provided, That the President shall not enter
into any commitment of funds appropriated for the pur-
poses of section 23 of the Arms Export Control Act for the
provision of major defense equipment, other than conven-
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tional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not pre-
viously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such
commitment: Provided further, That this subsection shall
not apply to any reprogramming for an activity, program,
or project for which funds are appropriated under titles III
or IV of this Act of less than 10 percent of the amount pre-
viously justified to the Congress for obligation for such ac-
tivity, 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 Appropria-
tions, may be waived if failure to do so would pose a sub-
stantial 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 pro-
vided 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 cir-
cumstances necessitating such waiver: Provided further,
That any notification provided pursuant to such a waiver
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shall contain an explanation of the emergency cir-
cumstances.
LIMITATION ON AVAILABILITY OF FUNDS FOR
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
SEC. 616. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under this Act or any previously enacted Act mak-
ing appropriations for foreign operations, export financing,
and related programs, which are returned or not made
available for organizations and programs because of the im-
plementation of section 307(a) of the Foreign Assistance Act
of 1961, shall remain available for obligation until Sep-
tember 30, 2009: Provided, That section 307(a) of the For-
eign Assistance Act of 1961 is amended by striking
‘‘Libya,’’.
INDEPENDENT STATES OF THE FORMER SOVIET UNION
SEC. 617. (a) None of the funds appropriated under
the heading ‘‘Assistance for the Independent States of the
Former Soviet Union’’ shall be made available for assist-
ance for a government of an Independent State of the former
Soviet Union if that government directs any action in vio-
lation 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
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determines that to do so is in the national security interest
of the United States.
(b) None of the funds appropriated under the heading
‘‘Assistance for the Independent States of the Former Soviet
Union’’ shall be made available for any state to enhance
its military capability: Provided, That this restriction does
not apply to demilitarization, demining or nonproliferation
programs.
(c) Funds appropriated under the heading ‘‘Assistance
for the Independent States of the Former Soviet Union’’ for
the Russian Federation, Armenia, Kazakhstan, and
Uzbekistan shall be subject to the regular notification proce-
dures of the Committees on Appropriations.
(d)(1) Of the funds appropriated under this heading
that are allocated for assistance for the Government of the
Russian Federation, 60 percent shall be withheld from obli-
gation until the President determines and certifies in writ-
ing to the Committees on Appropriations that the Govern-
ment of the Russian Federation—
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
ing, technology, or equipment necessary to develop a
nuclear reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
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(B) is providing full access to international non-
government organizations providing humanitarian
relief to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to—
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of traf-
ficking in persons; and
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Activi-
ties) of the FREEDOM Support Act.
(e) Section 907 of the FREEDOM Support Act shall
not apply to—
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and sec-
tion 1424 of Public Law 104–201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or
other assistance provided by the Overseas Private In-
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vestment Corporation under title IV of chapter 2 of
part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the Export-
Import Bank Act of 1945; or
(6) humanitarian assistance.
PROHIBITION ON FUNDING FOR ABORTIONS AND
INVOLUNTARY STERILIZATION
SEC. 618. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amend-
ed, 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 perform-
ance 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 bio-
medical research which relates in whole or in part, to meth-
ods of, or the performance of, abortions or involuntary steri-
lization 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
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the use of these funds by any such country or organization
would violate any of the above provisions related to abor-
tions and involuntary sterilizations.
EXPORT FINANCING TRANSFER AUTHORITIES
SEC. 619. Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for
fiscal year 2008, for programs under title II of this Act
may be transferred between such appropriations for use for
any of the purposes, programs, and activities for which the
funds in such receiving account may be used, but no such
appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such
transfer: Provided, That the exercise of such authority shall
be subject to the regular notification procedures of the Com-
mittees on Appropriations.
SPECIAL NOTIFICATION REQUIREMENTS
SEC. 620. None of the funds appropriated by this Act
shall be obligated or expended for assistance for Serbia,
Sudan, Zimbabwe, Pakistan, Cuba, the Dominican Repub-
lic, Iran, Haiti, Mexico, Nepal, or Cambodia except as pro-
vided 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 ap-
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propriations and authorizations Acts earmarks, ceilings,
and limitations with the exception that for the following
accounts: ‘‘Economic Support Fund’’ and ‘‘Foreign Mili-
tary Financing Program’’, ‘‘program, project, and activ-
ity’’ shall also be considered to include country, regional,
and central program level funding within each such ac-
count; 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, ei-
ther as: (1) justified to the Congress; or (2) allocated by
the executive branch in accordance with a report, to be pro-
vided to the Committees on Appropriations within 30 days
of the enactment of this Act, as required by section 653(a)
of the Foreign Assistance Act of 1961.
GLOBAL HEALTH ACTIVITIES
SEC. 622. Up to $13,500,000 of the funds made avail-
able by this Act for assistance under the heading ‘‘Global
Health Programs’’, may be used to reimburse United States
Government agencies, agencies of State governments, insti-
tutions of higher learning, and private and voluntary orga-
nizations 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