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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 fur-
ther, That funds appropriated by titles III and IV of this
Act that are made available for bilateral assistance for child
survival activities or disease programs including activities
relating to research on, and the prevention, treatment and
control of, HIV/AIDS may be made available notwith-
standing any other provision of law except for the provi-
sions under the heading ‘‘Global Health Programs’’ and the
United States Leadership Against HIV/AIDS, Tuberculosis,
and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601
et seq.), as amended: Provided further, That of the funds
appropriated under title III of this Act, not less than
$461,060,000 shall be made available for family planning/
reproductive health: Provided further, That in order to pre-
vent unintended pregnancies, abortions, and the trans-
mission of sexually transmitted infections, including HIV/
AIDS, no contract or grant for the exclusive purpose of pro-
viding 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
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States Agency for International Development with respect
to providing contraceptives in developing countries, or any
comparable administration policy regarding the provision
of contraceptives.
AFGHANISTAN
SEC. 623. Of the funds appropriated by titles III and
IV of this Act, up to $1,057,050,000 may be made available
for assistance for Afghanistan, of which not less than
$75,000,000 should be made available to support programs
that directly address the needs of Afghan women and girls,
of which not less than $12,000,000 shall be made available
for grants to support training and equipment to improve
the capacity of women-led Afghan nongovernmental organi-
zations and to support the activities of such organizations,
and not less than $3,000,000 should be made available for
reforestation activities: Provided, That funds made avail-
able pursuant to the previous proviso for reforestation ac-
tivities should be matched, to the maximum extent possible,
with contributions from American and Afghan businesses:
Provided further, That of the funds appropriated by this
Act that are available for Afghanistan, $20,000,000 should
be made available through United States universities to de-
velop agriculture extension services for Afghan farmers,
$2,000,000 should be made available for a United States
contribution to the North Atlantic Treaty Organization/
International Security Assistance Force Post-Operations
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Humanitarian Relief Fund, and not less than $10,000,000
shall be made available for continued support of the United
States Agency for International Development’s Afghan Ci-
vilian Assistance Program.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 624. Prior to providing excess Department of De-
fense articles in accordance with section 516(a) of the For-
eign 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 pur-
suant 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 accord-
ance with the regular notification procedures of such Com-
mittees 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 ar-
ticles: Provided further, That such Committees shall also be
informed of the original acquisition cost of such defense ar-
ticles.
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GLOBAL FUND MANAGEMENT
SEC. 625. Notwithstanding any other provision of this
Act, 20 percent of the funds that are appropriated by this
Act for a contribution to support the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’) shall
be withheld from obligation to the Global Fund until the
Secretary of State certifies to the Committees on Appropria-
tions that the Global Fund—
(1) is releasing incremental disbursements only
if grantees demonstrate progress against clearly de-
fined performance indicators;
(2) is providing support and oversight to coun-
try-level entities, such as country coordinating mecha-
nisms, principal recipients, and local Fund agents, to
enable them to fulfill their mandates;
(3) has a full-time, professional, independent Of-
fice of Inspector General that is fully operational;
(4) requires local Fund agents to assess whether
a principal recipient has the capacity to oversee the
activities of sub-recipients;
(5) is making progress toward implementing a
reporting system that breaks down grantee budget al-
locations by programmatic activity;
(6) has adopted and is implementing a policy to
publish on a publicly available website all program
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reviews, program evaluations, internally and exter-
nally commissioned audits, and inspector general re-
ports and findings, not later than 7 days after they
are received by the Global Fund Secretariat, except
that such information as determined necessary by the
Inspector General to protect the identity of whistle-
blowers or other informants to investigations and re-
ports of the Inspector General, or proprietary infor-
mation, may be redacted from such documents; and
(7) is tracking and encouraging the involvement
of civil society in country coordinating mechanisms
and program implementation.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST
COUNTRIES
SEC. 626. (a) Funds appropriated for bilateral assist-
ance under any heading of this Act and funds appropriated
under any such heading in a provision of law enacted prior
to the enactment of this Act, shall not be made available
for assistance to the government of any country which the
President determines—
(1) grants sanctuary from prosecution to any in-
dividual or group which has committed an act of
international terrorism or other gross violation of
human rights; or
(2) otherwise supports international terrorism.
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(b) The President may waive the application of sub-
section (a) to such government if the President determines
that national security or humanitarian reasons justify such
waiver. The President shall publish each waiver in the Fed-
eral 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 ac-
cordance with the regular notification procedures of the
Committees on Appropriations.
DEBT-FOR-DEVELOPMENT
SEC. 627. In order to enhance the continued participa-
tion of nongovernmental organizations in debt-for-develop-
ment and debt-for-nature exchanges, a nongovernmental or-
ganization 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 pro-
vided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropria-
tions, 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 CUR-
RENCIES.—
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(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 genera-
tion of local currencies of that country, the Adminis-
trator of the United States Agency for International
Development shall—
(A) require that local currencies be depos-
ited in a separate account established by that
government;
(B) enter into an agreement with that gov-
ernment 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 gov-
ernment 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 ac-
count.
(2) USES OF LOCAL CURRENCIES.—As may be
agreed upon with the foreign government, local cur-
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rencies deposited in a separate account pursuant to
subsection (a), or an equivalent amount of local cur-
rencies, 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 activi-
ties; 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 equiv-
alent of the local currencies disbursed pursuant to
subsection (a)(2)(A) from the separate account estab-
lished 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
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such purposes as may be agreed to by the government
of that country and the United States Government.
(5) REPORTING REQUIREMENT.—The Adminis-
trator of the United States Agency for International
Development shall report on an annual basis as part
of the justification documents submitted to the Com-
mittees on Appropriations on the use of local cur-
rencies 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 equiva-
lent) 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 govern-
ment of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assist-
ance Act of 1961, as cash transfer assistance or as
nonproject sector assistance, that country shall be re-
quired 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 incon-
sistent with the nature of this assistance including
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provisions which are referenced in the Joint Explana-
tory Statement of the Committee of Conference accom-
panying House Joint Resolution 648 (House Report
No. 98–1159).
(3) NOTIFICATION.—At least 15 days prior to ob-
ligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the as-
sistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) EXEMPTION.—Nonproject sector assistance
funds may be exempt from the requirements of sub-
section (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 ac-
cordance with the regular notification procedures of the
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Committees on Appropriations, a plan for the distribution
of the assets of the Enterprise Fund.
(b) Funds made available by this Act for Enterprise
Funds shall be expended at the minimum rate necessary
to make timely payment for projects and activities.
INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE
HEALTH
SEC. 630. (a) Funds appropriated by this Act may
be made available for a United States contribution to the
United Nations Population Fund (UNFPA).
(b) None of the funds appropriated by this Act may
be made available to UNFPA for a country program in the
People’s Republic of China.
(c) Funds appropriated by this Act may not be made
available to UNFPA unless—
(1) UNFPA maintains amounts made available
under this section in an account separate from other
accounts of UNFPA;
(2) UNFPA does not commingle amounts made
available to UNFPA under this section with other
sums; and
(3) UNFPA does not fund abortions.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION
SEC. 631. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions