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(1) shall not be ineligible for such assistance sole-
ly on the basis of health or medical services including
counseling and referral services, provided by such or-
ganizations 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
(2) shall not be subject to requirements relating
to the use of non-United States Government funds for
advocacy and lobbying activities other than those that
apply to United States nongovernmental organiza-
tions receiving assistance under part I of such Act.
SUDAN
SEC. 5103. (a) Of the funds appropriated under the
heading ‘‘Iraq Relief and Reconstruction Fund’’ of Public
Law 108–106, $150,000,000 shall be made available by
transfer for necessary expenses of the United States Agency
for International Development to carry out the provisions
of section 491 of the Foreign Assistance Act of 1961 to re-
spond to or prevent unforeseen complex foreign crises and
to meet urgent humanitarian needs in Darfur, Sudan and
the region.
(b) The entire amount in subsection (a) is designated
as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to
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the House of Representatives by H. Res. 649 (108th Con-
gress) and applicable to the Senate by section 14007 of Pub-
lic Law 108–287.
(c) That such amount shall be available only to the
extent that an official budget request for $150,000,000 that
includes designation of the amount as an emergency re-
quirement, as defined in S. Con. Res. 95 (108th Congress),
is transmitted by the President to the Congress.
(d) If the President does not submit an official budget
request required by subsection (c) within 30 days of enact-
ment of the Act, the funds made available under this section
shall revert back to the ‘‘Iraq Relief and Reconstruction
Fund’’ of Public Law 108–106.
(e) It is the Sense of the Senate that the transfer au-
thority that Congress included under chapter 2 of title II
of Public Law 108–106, which authorized the transfer of
up to 0.5 percent from funds made available under Chapter
2 for Sudan, should be triggered to provide funds to address
the humanitarian disaster in Darfur, Sudan and region.
ADDITIONAL FUNDS FOR THE GLOBAL FUND TO FIGHT
AIDS, TUBERCULOSIS AND MALARIA
SEC. 5104. In addition, $150,000,000 is appropriated
for ‘‘Child Survival and Health Programs Fund’’, which
shall be made available for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Ma-
laria, in accordance with the provisions applicable to the
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Fund under that heading in this Act: Provided, That funds
appropriated by this section are designated by the Congress
as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Con-
gress) and applicable to the Senate by section 14007 of Pub-
lic Law 108–287: Provided further, That such funds shall
be divided evenly between malaria control programs and
HIV/AIDS drug procurement and treatment: Provided fur-
ther, That the malaria funds shall be only used in low in-
come and least developed countries for grants (to be award-
ed through competitive procedures) for country malaria
control programs in which not less than 50 percent of the
grant amounts shall support indoor residual spraying
interventions: Provided further, That no user fees or other
fees may be charged by the government of a country con-
cerned under a program funded utilizing such amount for
any malaria intervention under such program: Provided
further, That none of the funds appropriated by this section
shall be expended for assistance for Burma or for any coun-
try officially designated by the United States Department
of State as a state sponsor of terrorism.
SUPPORT FOR AFRICAN UNION MISSION IN DARFUR, SUDAN
SEC. 5105. (a) In addition, $75,000,000 is appro-
priated to the Department of State to carry out the provi-
sions of section 551 of the Foreign Assistance Act of 1961