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tivity on behalf of, or has voluntarily and knowingly re-
ceived military-type training from a terrorist organization
that is described in subclause (I) or (II) of subsection
(a)(3)(B)(vi), and no such waiver may be extended to a
group that has engaged terrorist activity against the United
States or another democratic country or that has purpose-
fully engaged in a pattern or practice of terrorist activity
that is directed at civilians. Such a determination shall nei-
ther prejudice the ability of the United States Government
to commence criminal or civil proceedings involving a bene-
ficiary of such a determination or any other person, nor
create any substantive or procedural right or benefit for a
beneficiary of such a determination or any other person.
Notwithstanding any other provision of law (statutory or
nonstatutory), including section 2241 of title 28, or any
other habeas corpus provision, and sections 1361 and 1651
of such title, no court shall have jurisdiction to review such
a determination or revocation except in a proceeding for
review of a final order of removal pursuant to section 1252
of this title, and review shall be limited to the extent pro-
vided in section 1252(a)(2)(D). The Secretary of State may
not exercise the discretion provided in this clause with re-
spect to an alien at any time during which the alien is
the subject of pending removal proceedings under section
1229a of this title.’’.
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(b) AUTOMATIC RELIEF FOR THE HMONG AND OTHER
GROUPS THAT DO NOT POSE A THREAT TO THE UNITED
STATES.—For purposes of section 212(a)(3)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(3)(B)),
the Karen National Union/Karen Liberation Army (KNU/
KNLA), the Chin National Front/Chin National Army
(CNF/CNA), the Chin National League for Democracy
(CNLD), the Kayan New Land Party (KNLP), the Arakan
Liberation Party (ALP), the Mustangs, the Alzados, the
Karenni National Progressive Party, and appropriate
groups affiliated with the Hmong and the Montagnards
shall not be considered to be a terrorist organization on the
basis of any act or event occurring before the date of enact-
ment of this section. Nothing in this subsection may be con-
strued to alter or limit the authority of the Secretary of
State or the Secretary of Homeland Security to exercise his
discretionary authority pursuant to 212(d)(3)(B)(i) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1182(d)(3)(B)(i)).
(c) TECHNICAL CORRECTION.—(1) In General.—Sec-
tion 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)’’.
(d) DESIGNATION OF THE TALIBAN AS A TERRORIST
ORGANIZATION.—For purposes of section 212(a)(3)(B) of
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the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1182(a)(3)(B)), the Taliban shall be considered to be a ter-
rorist organization described in subclause (I) of clause (vi)
of that section.
(e) REPORT ON DURESS WAIVERS.—The Secretary of
Homeland Security shall provide to the Committees on the
Judiciary of the United States Senate and House of Rep-
resentatives a report, not less than 180 days after the enact-
ment of this Act and every year thereafter, which may in-
clude a classified annex, if appropriate, describing—
(1) the number of individuals subject to removal
from the United States for having provided material
support to a terrorist group who allege that such sup-
port was provided under duress;
(2) a breakdown of the types of terrorist organi-
zations to which the individuals described in para-
graph (1) have provided material support;
(3) a description of the factors that the Depart-
ment of Homeland Security considers when evalu-
ating duress waivers; and
(4) any other information that the Secretary be-
lieves that the Congress should consider while over-
seeing the Department’s application of duress waiv-
ers.
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(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—
(A) removal proceedings instituted before, on, or after
the date of enactment of this section; and
(B) acts and conditions constituting a ground for in-
admissibility, excludability, deportation, or removal occur-
ring or existing before, on, or after such date.
CLUSTER MUNITIONS
SEC. 695. During the current fiscal year, no military
assistance shall be furnished for cluster munitions, no 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.
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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.
(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—
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(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
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:
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‘‘(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.
(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,
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Foreign Operations, and Related Programs Appropriations
Act, 2008.
SUPPORT FOR DEMOCRACY, THE RULE OF LAW, AND
GOVERNANCE IN IRAN
SEC. 699B. Of the amount appropriated or otherwise
made available by title III for other bilateral economic as-
sistance under the heading ‘‘ECONOMIC SUPPORT FUND’’,
$75,000,000 shall be made available for programs of the Bu-
reau of Near Eastern Affairs of the Department of State
to support democracy, the rule of law, and governance in
Iran.
REMOVAL OF CERTAIN RESTRICTIVE ELIGIBILITY REQUIRE-
MENTS APPLICABLE TO FOREIGN NONGOVERNMENTAL
ORGANIZATIONS
SEC. 699C. Notwithstanding any other provision of
law, regulation, or policy, in determining eligibility for as-
sistance authorized under part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovern-
mental organizations shall not be ineligible for such assist-
ance solely on the basis of health or medical services, includ-
ing counseling and referral services, provided by such orga-
nizations with non-United States Government funds if such
services do not violate the laws of the country in which they
are being provided and would not violate United States
Federal law if provided in the United States, and shall not
be subject to requirements relating to the use of non-United
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States Government funds for advocacy and lobbying activi-
ties other than those that apply to United States nongovern-
mental organizations receiving assistance under part I of
such Act.
SEC. 699D. 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)) (re-
lating to discontinuing granting visas to nationals of coun-
tries that are denying or delaying accepting aliens removed
from the United States).
ADDITIONAL PEACE CORPS FUNDING
SEC. 699E. (a) The amount appropriated or otherwise
made available by title III under the heading ‘‘PEACE
CORPS’’ is hereby increased by $10,000,000.
(b) The amount appropriated or otherwise made avail-
able by title IV under the heading ‘‘FOREIGN MILITARY FI-
NANCING PROGRAM’’ is hereby reduced by $10,000,000.
RIGHT TO BEAR ARMS
SEC. 699F. None of the funds made available under
this Act may be made available to any international orga-
nization, agency, or entity (including the United Nations)
that requires the registration of or taxes a gun owned by
a citizen of the United States.
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TRANSPARENCY AND ACCOUNTABILITY OF THE UNITED
NATIONS
SEC. 699G. (a) Notwithstanding any other provision
of this Act, none of the funds appropriated or otherwise
made available by this Act may be used by the Department
of State as a contribution to the United Nations or any
subsidiary body of the United Nations, including any orga-
nization that is authorized to use the United Nations logo,
until the Secretary of State certifies that the United Na-
tions, such subsidiary body of the United Nations, or such
organization, as the case may be, is fully and publicly
transparent about all of its spending, including for procure-
ment purposes, that occurred during fiscal year 2007, in-
cluding the posting on a publicly available web site of—
(1) copies of all contracts, grants, subcontracts,
and subgrants awarded or utilized during fiscal year
2007;
(2) copies of all program reviews, audits, budg-
ets, and project progress reports relating to fiscal year
2007; and
(3) any other financial information deemed nec-
essary by the Secretary.
(b) The documents required to be made available under
subsection (a) shall be in unredacted form, except that such
information as determined necessary by the Secretary to
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protect the identity of whistleblowers or other informants
to investigations and reports and proprietary information
may be redacted.
WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO THE
UNITED NATIONS HUMAN RIGHTS COUNCIL
SEC. 699H. (a)(1) No funds appropriated or otherwise
made available by this Act for contributions to inter-
national organizations may be made available to support
the United Nations Human Rights Council.
(2) The prohibition under paragraph (1) shall not
apply if—
(A) the President determines and certifies to the
Committee on Foreign Relations and the Committee
on Appropriations of the Senate and the Committee
on Foreign Affairs and the Committee on Appropria-
tions of the House of Representatives that the provi-
sion of funds to support the United Nations Human
Rights Council is in the national interest of the
United States; or
(B) the United States is a member of the Human
Rights Council.
SEC. 699I. STUDY OF WORLD BANK’S EFFORTS TO
MEASURE THE SUCCESS OF THE PROJECTS IT FINANCES.
(a) SENSE OF CONGRESS.—It is the sense of Congress that
the World Bank should increase its focus on performance
requirements and measurable results.
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(b) STUDY.—The Comptroller General of the United
States should conduct a study on the actions taken by the
World Bank to—
(1) measure the success of the projects financed
by IDA;
(2) employ accurate means to measure the effec-
tiveness of projects financed by IDA;
(3) combat corruption in governments that re-
ceive IDA funding;
(4) establish clear objectives for IDA projects and
tangible means of assessing the success of such
projects; and
(5) use World Bank processes and procedures for
procurement of goods and services on projects receiv-
ing financial assistance from the World Bank.
SEC. 669J. SENSE OF THE SENATE REGARDING IRAQ
REFUGEE CRISIS. (a) FINDINGS.—Congress makes the fol-
lowing findings:
(1) The annual United States worldwide ceiling
for refugees has been 70,000 since 2002.
(2) The Department of State has yet to use all
of the available allocation that could be used for Iraqi
refugees.
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(3) Since 2003, more than 2,000,000 Iraqis have
fled their country and over 2,000,000 Iraqis are also
displaced within Iraq.
(4) It has become increasingly clear that people
who have assisted the United States, Iraqi Christians
and other religious minorities cannot safely return to
Iraq.
(5) The United States Government has an obli-
gation to help these refugees and should act swiftly to
do so.
(6) The United States Government should in-
crease the allocation of refugee slots for Iraqi refugees
for resettlement in the United States.
(b) SENSE OF THE SENATE.—It is the sense of the Sen-
ate that the President should act swiftly to respond to the
deepening humanitarian and refugee crisis in Iraq by using
the entire United States refugee allocation for the Near
East/South Asia region and any unused portion of the
worldwide allocation for Iraqi refugees, particularly people
who have assisted the United States and religious minori-
ties.
OVERSEAS PRIVATE INVESTMENT CORPORATION
SEC. 699K. (a) The amount appropriated or otherwise
made available by title II for the Overseas Private Invest-
ment Corporation under the heading ‘‘PROGRAM ACCOUNT’’
is hereby increased by $8,000,000.
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(b) The amount appropriated or otherwise made avail-
able by title V for ‘‘CONTRIBUTION TO THE INTERNATIONAL
DEVELOPMENT
ASSOCIATION’’ 
is 
hereby 
reduced 
by
$8,000,000.
UNITED STATES-EGYPT FRIENDSHIP ENDOWMENT
SEC. 699L. Of the funds appropriated by this Act and
prior Acts making appropriations for foreign operations,
export financing, and related programs under the heading
‘‘Economic Support Fund’’ that are available for assistance
for Egypt, up to $500,000,000 may be made available for
an endowment to further social, economic and political re-
forms in Egypt: Provided, That the Secretary of State shall
consult with the Committees on Appropriations on the es-
tablishment of such an endowment and appropriate bench-
marks for the uses of these funds.
IRAQ
SEC. 699M. (a) None of the funds appropriated or oth-
erwise made available by this Act may be made available
for assistance for Iraq.
(b) Not later than 30 days after enactment of this Act
the Secretary of State shall submit a report to the Commit-
tees on Appropriations detailing the extent to which the
Government of Iraq is committed to combating corruption
in Iraq and the specific actions and achievements of the
Government of Iraq in combating corruption, to include a
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list of those senior Iraqi leaders who have been credibly al-
leged to be engaged in corrupt practices and activities.
(c) Notwithstanding any other provision of law, policy,
or regulation, none of the funds made available in this Act
or any other Act making appropriations for foreign oper-
ations, export financing, and related programs may be
made available for assistance for Iraq unless the Secretary
of State, in consultation with the Secretary of Defense, cer-
tifies to the Committees on Appropriations that the Depart-
ments of State and Defense are providing the Committees
on Appropriations, including relevant staff, regular, full
and unfettered access to programs in Iraq for the purposes
of conducting oversight.
(d) Subsections (a) and (c) shall not apply to the ninth
and thirteenth provisos under the heading ‘‘Economic Sup-
port Fund’’ in this Act.
ANTI-KLEPTOCRACY
SEC. 699N. (a) In furtherance of the National Strategy
to Internationalize Efforts Against Kleptocracy and Presi-
dential Proclamation 7750, not later than 90 days after
the date of enactment of this Act the Secretary of State shall
send to the appropriate congressional committees a list of
officials of the governments of Angola, Burma, Cambodia,
Equatorial Guinea, Democratic Republic of the Congo, and
the Republic of the Congo, and their immediate family
members, who the Secretary has credible evidence to believe
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have been involved in corruption relating to the extraction
of natural resources in their countries.
(b) Not later than 10 days after the list described in
subsection (a) is submitted to the appropriate congressional
committees, the following sanctions shall apply:
(1) Any individual on the list submitted under
subsection (a) shall be ineligible for a visa to enter the
United States.
(2) No property or interest in property belonging
to an individual on the list submitted under sub-
section (a), or to a member of the immediate family
of such individual if the property is effectively under
the control of such individual, may be transferred,
paid, exported, withdrawn, or otherwise dealt with, if
the property is within the United States or within the
possession or control of a United States person, in-
cluding the overseas branch of such person, or after
the date of the enactment of this Act comes within the
control of such person.
(3) No United States person may engage in fi-
nancial transactions with an individual on the list
submitted under subsection (a), or with a member of
the immediate family of such individual if the trans-
action will benefit an individual on the list submitted
under subsection (a).
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UGANDA
SEC. 699O. (a) Not later than 90 days after enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing a strategy for
substantially enhancing United States efforts to resolve the
conflict between the Lord’s Resistance Army (LRA) and the
Government of Uganda (GOU), including—
(1) direct and sustained participation by the
United States in confidence-building measures in fur-
therance of the peace process;
(2) increased diplomatic pressure on the Demo-
cratic Republic of the Congo (to eliminate the LRA’s
current safe haven) and on Sudan;
(3) brokering direct negotiations between the
GOU and the leaders of the LRA on personal security
arrangements; and
(4) financial support for disarmament, demobili-
zation, and reintegration to provide mid-level LRA
commanders incentives to return to civilian life.
(b) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than
$5,000,000 shall be made available to implement the strat-
egy described in subsection (a).
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COMPREHENSIVE NUCLEAR THREAT REDUCTION AND
SECURITY PLAN
SEC. 699P. (a) Not later than 180 days after the date
of the enactment of this Act, the President shall submit to
Congress a comprehensive nuclear threat reduction and se-
curity plan, in classified and unclassified forms—
(1) for ensuring that all nuclear weapons and
weapons-usable material at vulnerable sites are secure
by 2012 against the threats that terrorists have shown
they can pose;
(2) for working with other countries to ensure
adequate accounting and security for such materials
on an ongoing basis thereafter; and
(3) for making security improvements to ensure,
to the maximum extent feasible, that the existing
United States nuclear weapons stockpile and weap-
ons-usable material be protected from the threats ter-
rorists have shown they can pose.
(b) For each element of the accounting and security
effort described under subsection (a)(2), the plan shall—
(1) clearly designate agency and departmental
responsibility and accountability;
(2) specify program goals, with metrics for meas-
uring progress, estimated schedules, and specified
milestones to be achieved;
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(3) provide estimates of the program budget re-
quirements and resources to meet the goals for each
year;
(4) provide the strategy for diplomacy and re-
lated tools and authority to accomplish the program
element;
(5) provide a strategy for expanding the finan-
cial support and other assistance provided by other
countries, particularly Russia, the European Union
and its member states, China, and Japan, for the
purposes of securing nuclear weapons and weapons-
usable material worldwide;
(6) outline the progress in and impediments to
securing agreement from all countries that possess nu-
clear weapons or weapons-usable material on a set of
global nuclear security standards, consistent with
their obligation to comply with United Nations Secu-
rity Council Resolution 1540;
(7) describe the steps required to overcome im-
pediments that have been identified; and
(8) describe global efforts to promulgate best
practices for securing nuclear materials.
(c) SENSE OF THE SENATE. The Administration shall
not sign any agreement with the Russian Federation on
low enriched uranium that does not include a requirement
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that a portion of the low enriched uranium be derived from
highly enriched uranium.
RULE OF LAW AND BORDER SECURITY IN EGYPT
SEC. 699Q. (a) The Senate makes the following find-
ings:
(1) Fighting in Gaza during the summer of 2007
demonstrated that the terrorist organization Hamas,
which unlawfully seized control over Gaza in June
2007, has been able to achieve a dramatic increase in
the quantity and sophistication of arms at its dis-
posal.
(2) Without these arms, the terrorist organiza-
tion would not have been able to seize control over the
Gaza territory.
(3) There is substantial evidence that a signifi-
cant proportion of these arms were smuggled across
the border between Gaza and Egypt.
(4) The Egyptian military is a capable force,
made possible in substantial part by a close relation-
ship with the United States.
(5) Concurrent with the escalation of dangerous
arms smuggling across the border between Egypt and
Gaza has been a retrogression in the rule of law in
Egypt.
(6) This loss of hard-earned ground has been
characterized by reports of harsh reaction by the Gov-
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ernment of Egypt to dissent, including the jailing of
political opponents.
(7) The United States has provided aid to Egypt
in excess of $28,000,000,000 over the past three dec-
ades.
(b) The Senate—
(1) reaffirms its long-standing friendship with
the people of Egypt;
(2) believes that our friendship with Egypt re-
quires the Senate to address such vital policy con-
cerns;
(3) urges the Government of Egypt to make con-
crete and measurable progress on restoring the rule of
law, including improving the independence of the ju-
diciary and improving criminal procedures and due
process rights and halting the cross-border flow of
arms to Gaza;
(4) believes it is the best interest of Egypt, the
region, and the United States that Egypt takes
prompt action to demonstrate progress on these mat-
ters; and
(5) urges the Department of State to work vigor-
ously and expeditiously with the Government of
Egypt and the Government of Israel to bring the bor-
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der between Egypt and Gaza border under effective
control.
This Act may be cited as the ‘‘Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2008’’.
Attest:
Secretary.