HR 2764 PP 
ductive capacity 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 Ex-
port-Import Bank if in the judgment of its Board of Direc-
tors 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 com-
modity, 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 
Assistance Act of 1961 shall be available for any testing 
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training 
in connection with the growth or production in a foreign 
country of an agricultural commodity for export which 
would compete with a similar commodity grown or pro-
duced 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 
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(2) research activities intended primarily to 
benefit American producers. 
SURPLUS COMMODITIES 
SEC. 614. The Secretary of the Treasury shall in-
struct the United States Executive Directors of the Inter-
national Bank for Reconstruction and Development, the 
International Development Association, the International 
Finance Corporation, the Inter-American Development 
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can 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 available pursuant to titles II 
through V of 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 
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 pro-
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vided 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) con-
tracts out or privatizes any functions or activities pres-
ently performed by Federal employees; unless the Commit-
tees on Appropriations are notified 15 days in advance of 
such reprogramming of funds. 
(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 de-
partment 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 
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Act, shall be available for obligation or expenditure for ac-
tivities, programs, or projects through a reprogramming 
of funds in excess of $750,000 or ten percent, whichever 
is less, that: (1) augments existing programs, projects, or 
activities; (2) reduces by 10 percent funding for any exist-
ing program, project, or activity, or numbers of personnel 
by ten percent as approved by Congress; or (3) results 
from any general savings, including savings from a reduc-
tion in personnel, which would result in a change in exist-
ing programs, activities, or projects as approved by Con-
gress; unless the Committees on Appropriations are noti-
fied 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 in this Act for the headings 
‘‘CHILD
SURVIVAL
AND
HEALTH
PROGRAMS 
FUND’’, ‘‘DEVELOPMENT ASSISTANCE’’, ‘‘INTER-
NATIONAL ORGANIZATIONS AND PROGRAMS’’, 
‘‘TRADE AND DEVELOPMENT AGENCY’’, ‘‘INTER-
NATIONAL NARCOTICS CONTROL AND LAW EN-
FORCEMENT’’, ‘‘ANDEAN COUNTERDRUG INITIA-
TIVE’’, ‘‘ASSISTANCE FOR EASTERN EUROPE 
AND THE BALTIC STATES’’, ‘‘ASSISTANCE FOR 
THE INDEPENDENT STATES OF THE FORMER 
SOVIET UNION’’, ‘‘ECONOMIC SUPPORT FUND’’, 
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‘‘GLOBAL
HIV/AIDS
INITIATIVE’’,
‘‘PEACE-
KEEPING
OPERATIONS’’,
‘‘CAPITAL
INVEST-
MENT FUND’’, ‘‘OPERATING EXPENSES OF THE 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT’’, ‘‘OPERATING EXPENSES OF 
THE
UNITED
STATES
AGENCY
FOR
INTER-
NATIONAL DEVELOPMENT OFFICE OF INSPEC-
TOR GENERAL’’, ‘‘NONPROLIFERATION, ANTI- 
TERRORISM,
DEMINING
AND
RELATED
PRO-
GRAMS’’, ‘‘MILLENNIUM CHALLENGE CORPORA-
TION’’ (by country only), ‘‘FOREIGN MILITARY FI-
NANCING PROGRAM’’, ‘‘INTERNATIONAL MILI-
TARY
EDUCATION
AND
TRAINING’’,
‘‘PEACE 
CORPS’’, and ‘‘MIGRATION AND REFUGEE ASSIST-
ANCE’’, shall be available for obligation for activities, pro-
grams, projects, type of materiel assistance, countries, or 
other operations not justified or in excess of the amount 
justified to the Committees on Appropriations for obliga-
tion under any of these specific headings unless the Com-
mittees on Appropriations are notified 15 days in advance: 
Provided, That the President shall not enter into any com-
mitment of funds appropriated for the purposes of section 
23 of the Arms Export Control Act for the provision of 
major defense equipment, other than conventional ammu-
nition, or other major defense items defined to be aircraft, 
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ships, missiles, or combat vehicles, not previously justified 
to Congress or 20 percent in excess of the quantities justi-
fied to Congress unless the Committees on Appropriations 
are notified 15 days in advance of such commitment: Pro-
vided further, That this paragraph shall not apply to any 
reprogramming for an activity, program, or project for 
which funds are appropriated under title III or title IV, 
of this Act of less than 10 percent of the amount pre-
viously justified to the Congress for obligation for such 
activity, 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 
shall
contain
an
explanation
of
the
emergency
cir-
cumstances. 
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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 titles II through V of this Act or any pre-
viously enacted Act making appropriations for foreign op-
erations, export financing, and related programs, which 
are returned or not made available for organizations and 
programs because of the implementation of section 307(a) 
of the Foreign Assistance Act of 1961, shall remain avail-
able for obligation until September 30, 2009. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 617. (a) None of the funds appropriated under 
the
heading
‘‘ASSISTANCE
FOR
THE
INDE-
PENDENT STATES OF THE FORMER SOVIET 
UNION’’ shall be made available for assistance for a gov-
ernment of an Independent State of the former Soviet 
Union if that government directs any action in violation 
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: Pro-
vided, That such funds may be made available without re-
gard to the restriction in this subsection if the President 
determines that to do so is in the national security interest 
of the United States. 
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(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 demili-
tarization, demining or nonproliferation programs. 
(c) Funds appropriated under the heading ‘‘ASSIST-
ANCE FOR THE INDEPENDENT STATES OF THE 
FORMER SOVIET UNION’’ for the Russian Federation, 
Armenia, and Uzbekistan shall be subject to the regular 
notification procedures of the Committees on Appropria-
tions. 
(d) Funds made available in this Act for assistance 
for the Independent States of the former Soviet Union 
shall be subject to the provisions of section 117 (relating 
to environment and natural resources) of the Foreign As-
sistance Act of 1961. 
(e) In issuing new task orders, entering into con-
tracts, or making grants, with funds appropriated by this 
Act or prior appropriations Acts under the heading ‘‘AS-
SISTANCE FOR THE INDEPENDENT STATES OF 
THE FORMER SOVIET UNION’’ and under com-
parable headings in prior appropriations Acts, for projects 
or activities that have as one of their primary purposes 
the fostering of private sector development, the Coordi-
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nator for United States Assistance to Europe and Eurasia 
and the implementing agency shall encourage the partici-
pation of and give significant weight to contractors and 
grantees who propose investing a significant amount of 
their own resources (including volunteer services and in- 
kind contributions) in such projects and activities. 
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 
amended, may be used to pay for the performance of abor-
tions 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 Assist-
ance Act of 1961, as amended, may be used to pay for 
the performance 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 biomedical research which relates in whole or in 
part, to methods of, or the performance of, abortions or 
involuntary sterilization 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 
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the President certifies that the use of these funds by any 
such country or organization would violate any of the 
above provisions related to abortions and involuntary steri-
lizations. 
STATEMENT 
SEC. 619. (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: 
‘‘ECONOMIC SUPPORT FUND’’; 
‘‘ASSISTANCE FOR EASTERN EUROPE 
AND THE BALTIC STATES’’; 
‘‘ASSISTANCE FOR THE INDEPENDENT 
STATES OF THE FORMER SOVIET UNION’’; 
‘‘ANDEAN COUNTERDRUG INITIATIVE’’; 
‘‘NONPROLIFERATION,
ANTI-TER-
RORISM,
DEMINING
AND
RELATED
PRO-
GRAMS’’; 
‘‘FOREIGN MILITARY FINANCING PRO-
GRAM’’; and 
‘‘INTERNATIONAL ORGANIZATIONS AND 
PROGRAMS’’. 
(b) Any proposed increases or decreases to the 
amounts contained in such tables in the accompanying re-
port shall be subject to the regular notification procedures 
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of the Committees on Appropriations and section 634A 
of the Foreign Assistance Act of 1961. 
SPECIAL NOTIFICATION REQUIREMENTS 
SEC. 620. None of the funds appropriated under ti-
tles II through V of this Act shall be obligated or expended 
for assistance for Serbia, Sudan, Zimbabwe, Pakistan, or 
Cambodia except as provided through the regular notifica-
tion 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 appropriations and authorizations Acts funding direc-
tives, ceilings, and limitations with the exception that for 
the
following
accounts:
‘‘ECONOMIC
SUPPORT 
FUND’’
and
‘‘FOREIGN
MILITARY
FINANCING 
PROGRAM’’, ‘‘program, project, and activity’’ shall also 
be considered to include country, regional, and central pro-
gram level funding within each such account; for the devel-
opment assistance accounts of the United States Agency 
for International Development ‘‘program, project, and ac-
tivity’’ shall also be considered to include central, country, 
regional, and program level funding, either as— 
(1) justified to the Congress; or 
(2) allocated by the executive branch in accord-
ance with a report, to be provided to the Committees 
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on Appropriations within 30 days of the enactment 
of this Act, as required by section 653(a) of the For-
eign Assistance Act of 1961. 
CHILD SURVIVAL AND HEALTH ACTIVITIES 
SEC. 622. Up to $13,500,000 of the funds made 
available by this Act in title III for assistance under the 
heading ‘‘CHILD SURVIVAL AND HEALTH PRO-
GRAMS FUND’’ account, may be used to reimburse 
United States Government agencies, agencies of State gov-
ernments, institutions of higher learning, and private and 
voluntary organizations for the full cost of individuals (in-
cluding for the personal services of such individuals) de-
tailed or assigned to, or contracted by, as the case may 
be, the United States Agency for International Develop-
ment for the purpose of carrying out activities under that 
heading: Provided, That up to $3,500,000 of the funds 
made available by this Act for assistance under the head-
ing ‘‘DEVELOPMENT ASSISTANCE’’ may be used to 
reimburse such agencies, institutions, and organizations 
for such costs of such individuals carrying out other devel-
opment assistance activities: Provided further, That funds 
appropriated by titles III and IV of this Act that are made 
available for assistance for child survival activities or dis-
ease programs including activities relating to research on, 
and the prevention, treatment and control of, HIV/AIDS 
may be made available notwithstanding any other provi-
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sion of law except for the provisions under the heading 
‘‘CHILD
SURVIVAL
AND
HEALTH
PROGRAMS 
FUND’’ 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 fur-
ther, That of the funds appropriated under title III and 
IV of this Act , not less than $441,000,000 shall be made 
available for family planning/reproductive health: Provided 
further, That, in order to prevent unintended pregnancies, 
abortions, and the transmission of sexually transmitted in-
fections, including HIV/AIDS, no contract or grant for the 
exclusive purpose of providing donated contraceptives in 
developing countries shall be denied to any nongovern-
mental organization solely on the basis of the policy con-
tained in the President’s March 28, 2001, Memorandum 
to the Administrator of the United States Agency for 
International Development with respect to providing con-
traceptives in developing countries, or any comparable ad-
ministration policy regarding the provision of contracep-
tives. 
AFGHANISTAN 
SEC. 623. Of the funds appropriated under titles III 
and IV of this Act, not less than $1,057,050,000 shall 
be made available for humanitarian, reconstruction, and 
related assistance for Afghanistan: Provided, That of the 
funds made available pursuant to this section, $3,000,000 
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should be made available for reforestation activities: Pro-
vided further, That funds made available pursuant to the 
previous proviso should be matched, to the maximum ex-
tent possible, with contributions from American and Af-
ghan businesses: Provided further, That of the funds allo-
cated for assistance for Afghanistan from this Act not less 
than $75,000,000 shall be made available to support pro-
grams that directly address the needs of Afghan women 
and girls, including for the Afghan Independent Human 
Rights Commission, the Afghan Ministry of Women’s Af-
fairs, and for women-led nonprofit organizations in Af-
ghanistan. 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 624. Prior to providing excess Department of 
Defense articles in accordance with section 516(a) of the 
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the 
same extent and under the same conditions as are other 
committees pursuant to subsection (f) of that section: Pro-
vided, 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 accordance with the regular notification 
procedures of such Committees 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 
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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 re-
ceive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original ac-
quisition cost of such defense articles. 
GLOBAL FUND ACCOUNTABILITY 
SEC. 625. (a) 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 Commit-
tees on Appropriations 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 mech-
anisms, principal recipients, and Local Fund Agents 
(LFAs), to enable them to fulfill their mandates; 
(3) has a full-time, professional, independent 
Office of Inspector General that is fully operational; 
(4) requires LFAs to assess whether a principal 
recipient has the capacity to oversee the activities of 
sub-recipients; 
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(5) is making progress toward implementing a 
reporting system that breaks down grantee budget 
allocations by programmatic activity; 
(6) has adopted a policy on the public release 
of documents produced by the Office of the Inspec-
tor General; 
(7) is tracking and encouraging the involvement 
of civil society, including faith-based organizations, 
in country coordinating mechanisms and program 
implementation; and 
(8) has provided to the Secretary of State a re-
port on faith-based organizations as described in 
subsection (b). 
(b) The report referred to in subsection (a)(8) is a 
report that provides a description and assessment of 
grants and sub-grants provided by the Global Fund to 
faith-based organizations. The report shall include— 
(1) on a county-by-country basis— 
(A) a description of the amount of grants 
and sub-grants provided to faith-based organi-
zations; and 
(B) an assessment of the extent to which 
faith-based organizations have been or are in-
volved in the Country Coordinating Mechanism 
(CCM) process of the Global Fund; and 
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