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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1434 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 103
111th CONGRESS
  1st Session
                                S. 1434

                          [Report No. 111-44]

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2010, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2009

Mr. Leahy, from the Committee on Appropriations reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2010, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
    That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the fiscal year ending 
September 30, 2010, and for other purposes, namely:

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, $8,227,000,000, of which 
$1,595,000,000 is for Worldwide Security Protection (to remain 
available until expended): Provided, That the Secretary of State may 
transfer up to $137,600,000 of the total funds made available under 
this heading to any other appropriation of any department or agency of 
the United States, upon the concurrence of the head of such department 
or agency, to support operations in and assistance for Afghanistan and 
to carry out the provisions of the Foreign Assistance Act of 1961: 
Provided further, That funds made available under this heading shall be 
allocated as follows:
            (1) Human resources.--For necessary expenses for training, 
        human resources management, and salaries, including employment 
        without regard to civil service and classification laws of 
        persons on a temporary basis (not to exceed $700,000), as 
        authorized by section 801 of the United States Information and 
        Educational Exchange Act of 1948, $2,667,130,000 to remain 
        available until September 30, 2011, of which not less than 
        $138,075,000 shall be available only for public diplomacy 
        American salaries, up to $124,923,000 shall be for the Human 
        Resources Initiative, and $220,840,000 is for Worldwide 
        Security Protection and shall remain available until expended: 
        Provided, That none of the funds appropriated by this Act for 
        the hiring of additional Department of State personnel shall be 
        made available for obligation until the Secretary of State 
        submits to the Committees on Appropriations a strategy, 
        including funding requirements and justifications, for 
        projected personnel requirements over the next three fiscal 
        years.
            (2) Overseas programs.--For necessary expenses for the 
        regional bureaus of the Department of State and overseas 
        activities as authorized by law, $2,495,158,000, to remain 
        available until September 30, 2011, of which not less than 
        $382,000,000 shall be available only for public diplomacy 
        international information programs: Provided,  That not less 
        than $2,000,000 shall be made available for the Office of 
        Global Women's Issues.
            (3) Diplomatic policy and support.--For necessary expenses 
        for the functional bureaus of the Department of State including 
        representation to certain international organizations in which 
        the United States participates pursuant to treaties ratified 
        pursuant to the advice and consent of the Senate or specific 
        Acts of Congress, general administration, and arms control, 
        nonproliferation and disarmament activities as authorized, 
        $892,012,000, to remain available until September 30, 2011.
            (4) Security programs.--For necessary expenses for security 
        activities, $2,172,700,000, to remain available until September 
        30, 2011, of which $1,374,160,000 is for Worldwide Security 
        Protection and shall remain available until expended.
            (5) Fees and payments collected.--In addition to amounts 
        otherwise made available under this heading--
                    (A) not to exceed $1,653,305 shall be derived from 
                fees collected from other executive agencies for lease 
                or use of facilities located at the International 
                Center in accordance with section 4 of the 
                International Center Act, and, in addition, as 
                authorized by section 5 of such Act, $490,000, to be 
                derived from the reserve authorized by that section, to 
                be used for the purposes set out in that section;
                    (B) as authorized by section 810 of the United 
                States Information and Educational Exchange Act, not to 
                exceed $6,000,000, to remain available until expended, 
                may be credited to this appropriation from fees or 
                other payments received from English teaching, library, 
                motion pictures, and publication programs and from fees 
                from educational advising and counseling and exchange 
                visitor programs; and
                    (C) not to exceed $15,000, which shall be derived 
                from reimbursements, surcharges and fees for use of 
                Blair House facilities.
            (6) Transfer and reprogramming.--
                    (A) Notwithstanding any provision of this Act, 
                funds may be reprogrammed within and between 
                subsections under this heading subject to section 7015 
                of this Act.
                    (B) Of the amount made available under this 
                heading, not to exceed $10,000,000 may be transferred 
                to, and merged with, funds made available by this Act 
                under the heading ``Emergencies in the Diplomatic and 
                Consular Service'', to be available only for emergency 
                evacuations and rewards, as authorized.
                    (C) Funds appropriated under this heading are 
                available for acquisition by exchange or purchase of 
                passenger motor vehicles as authorized by law and, 
                pursuant to 31 U.S.C. 1108(g), for the field 
                examination of programs and activities in the United 
                States funded from any account contained in this title.

                   civilian stabilization initiative

    For necessary expenses to support, maintain, mobilize, and deploy a 
civilian response corps in coordination with the United States Agency 
for International Development, and for related reconstruction and 
stabilization assistance to prevent or respond to conflict or civil 
strife in foreign countries or regions, or to enable transition from 
such strife, $150,000,000, to remain available until expended: 
Provided, That funds appropriated under this heading may be made 
available in fiscal year 2010 to provide administrative expenses for 
the Office of the Coordinator for Reconstruction and Stabilization, 
Department of State: Provided further, That notwithstanding any other 
provision of law and following consultation with the Committees on 
Appropriations, the President may exercise transfer authorities 
contained in the Foreign Assistance Act of 1961 for reconstruction and 
stabilization assistance managed by such Office, only to support an 
actively deployed civilian response corps, subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That of the funds appropriated under this heading, up to 
$75,000,000 may be made available for deployments, except that no funds 
shall be made available for such purposes until the Secretary of State 
certifies to the Committees on Appropriations that the Department of 
State has signed a Memorandum of Understanding with the Department of 
Defense relating to the provision of airlift for deployment of Civilian 
Response Corps personnel and equipment: Provided further, That none of 
the funds appropriated under this heading may be made available for the 
establishment of a Civilian Response Corps Reserve Component: Provided 
further, That not more than $25,000,000 shall be made available for 
Civilian Response Corps equipment, including not more than $5,000,000 
for the purchase of armored vehicles: Provided further, That not later 
than 45 days after enactment of this Act, the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, shall submit a spending plan for funds made 
available under this heading.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, 
$160,000,000, to remain available until expended, as authorized: 
Provided, That section 135(e) of Public Law 103-236 shall not apply to 
funds available under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$100,000,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980 (Public Law 96-465), as it relates to post inspections, of 
which $23,000,000 shall be for the Special Inspector General for Iraq 
Reconstruction for reconstruction oversight, and $23,000,000 shall be 
for the Special Inspector General for Afghanistan Reconstruction for 
reconstruction oversight.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $635,243,000, to remain available until expended: Provided, 
That not to exceed $5,000,000, to remain available until expended, may 
be credited to this appropriation from fees or other payments received 
from or in connection with English teaching, educational advising and 
counseling programs, and exchange visitor programs as authorized.

                       representation allowances

    For representation allowances as authorized, $8,175,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$27,159,000, to remain available until September 30, 2011.

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds otherwise 
available, the Harry S Truman Building, and carrying out the Diplomatic 
Security Construction Program as authorized, $876,850,000, to remain 
available until expended as authorized, of which not to exceed $25,000 
may be used for domestic and overseas representation as authorized: 
Provided, That none of the funds appropriated in this paragraph shall 
be available for acquisition of furniture, furnishings, or generators 
for other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $847,300,000, to remain 
available until expended: Provided, That funds made available by this 
paragraph may not be obligated until a plan is submitted to the 
Committees on Appropriations with the proposed allocation of funds made 
available by this Act and the proceeds of sales for all projects in 
fiscal year 2010.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

    For necessary expenses to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$10,000,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to, and merged with, funds 
appropriated by this Act under the heading ``Repatriation Loans Program 
Account'', subject to the same terms and conditions.

                    buying power maintenance account

    To offset adverse fluctuations in foreign currency exchange rates 
and/or overseas wage and price changes, as authorized by section 24(b) 
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2696(b)), $10,000,000, to remain available until expended.

                   repatriation loans program account

                     (including transfer of funds)

    For the cost of direct loans, $739,000, as authorized: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $711,000, which may be transferred to, and merged 
with, funds made available under the heading ``Diplomatic and Consular 
Programs''.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act 
(Public Law 96-8), $21,174,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized, $158,900,000.

                      International Organizations

              contributions to international organizations

    For necessary expenses, not otherwise provided for, to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $1,697,000,000: 
Provided, That the Secretary of State shall, at the time of the 
submission of the President's budget to Congress under section 1105(a) 
of title 31, United States Code, transmit to the Committees on 
Appropriations the most recent biennial budget prepared by the United 
Nations for the operations of the United Nations: Provided further, 
That the Secretary of State should, to the maximum extent possible, 
synchronize payments to international organizations that are important 
to United States security interests in the fiscal year in which they 
are due: Provided further, That any payment of arrearages under this 
heading shall be directed toward activities that are mutually agreed 
upon by the United States and the respective international 
organization: Provided further, That none of the funds appropriated 
under this heading shall be available for a United States contribution 
to an international organization for the United States share of 
interest costs made known to the United States Government by such 
organization for loans incurred on or after October 1, 1984, through 
external borrowings.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $2,125,000,000, of 
which 15 percent shall remain available until September 30, 2010: 
Provided, That none of the funds made available by this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency as far in advance as is practicable): (1) the 
Committees on Appropriations are notified of the estimated cost and 
length of the mission, the national interest that will be served, the 
planned exit strategy, and that the United Nations has taken 
appropriate measures to prevent United Nations employees, contractor 
personnel, and peacekeeping forces serving in the mission from 
trafficking in persons, exploiting victims of trafficking, or 
committing acts of sexual exploitation, and to hold accountable 
individuals who engage in such acts while participating in the 
peacekeeping mission, including the prosecution in their home countries 
of such individuals in connection with such acts; and (2) notification 
pursuant to section 7015 of this Act is submitted, and the procedures 
therein followed, setting forth the source of funds that will be used 
to pay for the cost of the new or expanded mission: Provided further, 
That funds shall be available for peacekeeping expenses unless the 
Secretary of State determines that American manufacturers and suppliers 
are not being given opportunities to provide equipment, services, and 
material for United Nations peacekeeping activities equal to those 
being given to foreign manufacturers and suppliers.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $6,000 for representation; as follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $33,000,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $43,250,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$12,608,000: Provided, That of the amount provided under this heading 
for the International Joint Commission, $9,000 may be made available 
for representation expenses.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $48,976,000: Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324: Provided further, 
That in addition to other funds available for such purposes, funds 
available under this heading may be used to make payments necessary to 
fulfill the United States' obligations under the Pacific Salmon Treaty.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For necessary expenses to enable the Broadcasting Board of 
Governors, as authorized, to carry out international communication 
activities, including the purchase, rent, construction, and improvement 
of facilities for radio and television transmission and reception and 
purchase, lease, and installation of necessary equipment for radio and 
television transmission and reception to Cuba, and to make and 
supervise grants for radio and television broadcasting to the Middle 
East, $717,828,000: Provided, That none of the funds appropriated by 
this Act may be used for TV Marti broadcasts to Cuba: Provided further, 
That of the funds appropriated under this heading, not to exceed 
$16,000 may be used for official receptions within the United States as 
authorized, not to exceed $35,000 may be used for representation abroad 
as authorized, and not to exceed $39,000 may be used for official 
reception and representation expenses of Radio Free Europe/Radio 
Liberty; and in addition, notwithstanding any other provision of law, 
not to exceed $2,000,000 in receipts from advertising and revenue from 
business ventures, not to exceed $500,000 in receipts from cooperating 
international organizations, and not to exceed $1,000,000 in receipts 
from privatization efforts of the Voice of America and the 
International Broadcasting Bureau, to remain available until expended 
for carrying out authorized purposes.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio and television transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception as authorized, $12,622,000, to remain 
available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia 
Foundation Act (22 U.S.C. 4402), $19,000,000, to remain available until 
expended, as authorized.

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace as 
authorized in the United States Institute of Peace Act, $49,220,000, to 
remain available until September 30, 2011, of which not more than 
$15,000,000 may be used for construction activities.

         Center for Middle Eastern-western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western 
Dialogue Trust Fund, the total amount of the interest and earnings 
accruing to such Fund on or before September 30, 2010, to remain 
available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2010, to remain available until 
expended: Provided, That none of the funds appropriated herein shall be 
used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 2010, to remain available until expended.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$24,000,000: Provided, That none of the funds appropriated herein shall 
be used to pay any salary, or enter into any contract providing for the 
payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                    National Endowment for Democracy

    For grants made by the Department of State to the National 
Endowment for Democracy as authorized by the National Endowment for 
Democracy Act, $120,000,000, to remain available until expended, of 
which $100,000,000 shall be allocated in the traditional and customary 
manner among the core institutes and $20,000,000 shall be for 
democracy, human rights, and rule of law programs: Provided, That the 
President of the National Endowment for Democracy shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
enactment of this Act a report on the proposed uses of funds under this 
heading on a regional and country basis.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $635,000, as authorized by section 1303 of 
Public Law 99-83.

      United States Commission on International Religious Freedom

                         salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), 
$4,300,000, to remain available until September 30, 2011.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $2,610,000, 
to remain available until September 30, 2011.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized, $2,000,000, including 
not more than $3,000 for the purpose of official representation, to 
remain available until September 30, 2011.

      United States-China Economic and Security Review Commission

                         salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, $3,500,000, including not more than $4,000 
for the purpose of official representation, to remain available until 
September 30, 2011: Provided, That the Commission shall provide to the 
Committees on Appropriations a quarterly accounting of the cumulative 
balances of any unobligated funds that were received by the Commission 
during any previous fiscal year: Provided further, That section 308(e) 
of the United States-China Relations Act of 2000 (22 U.S.C. 6918(e)) 
(relating to the treatment of employees as Congressional employees), 
and section 309 of such Act (22 U.S.C. 6919) (relating to printing and 
binding costs), shall apply to the Commission in the same manner as 
such section applies to the Congressional-Executive Commission on the 
People's Republic of China: Provided further, That the Commission shall 
comply with chapter 43 of title 5, United States Code, regarding the 
establishment and regular review of employee performance appraisals: 
Provided further, That the Commission shall comply with section 4505a 
of title 5, United States Code, with respect to limitations on payment 
of performance-based cash awards: Provided further, That compensation 
for the executive director of the Commission may not exceed the rate 
payable for level II of the Executive Schedule under section 5313 of 
title 5, United States Code: Provided further, That travel by members 
and staff of the Commission shall be arranged and conducted under the 
rules and procedures applying to travel by members and staff of the 
House of Representatives.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $1,388,800,000, of which up to 
$105,000,000 may remain available until September 30, 2011: Provided, 
That none of the funds appropriated under this heading and under the 
heading ``Capital Investment Fund'' in this Act may be made available 
to finance the construction (including architect and engineering 
services), purchase, or long-term lease of offices for use by the 
United States Agency for International Development (USAID), unless the 
USAID Administrator has identified such proposed construction 
(including architect and engineering services), purchase, or long-term 
lease of offices in a report submitted to the Committees on 
Appropriations at least 15 days prior to the obligation of funds for 
such purposes: Provided further, That the previous proviso shall not 
apply when the total cost of construction (including architect and 
engineering services), purchase, or long-term lease of offices does not 
exceed $1,000,000: Provided further, That of the funds appropriated 
under this heading that are available for capital investments related 
to the Development Leadership Initiative, up to $245,000,000 may remain 
available until September 30, 2014: Provided further, That none of the 
funds appropriated by this Act for the hiring of additional USAID 
personnel shall be made available for obligation until the USAID 
Administrator submits to the Committees on Appropriations a strategy, 
including funding requirements and justifications, for projected 
personnel requirements over the next three fiscal years: Provided 
further, That contracts or agreements entered into with funds 
appropriated under this heading may entail commitments for the 
expenditure of such funds through the following fiscal year: Provided 
further, That any decision to open a new USAID overseas mission or 
office or, except where there is a substantial security risk to mission 
personnel, to close or significantly reduce the number of personnel of 
any such mission or office, shall be subject to the regular 
notification procedures of the Committees on Appropriations: Provided 
further, That the authority of sections 610 and 109 of the Foreign 
Assistance Act of 1961 may be exercised by the Secretary of State to 
transfer funds appropriated to carry out chapter 1 of part I of such 
Act to ``Operating Expenses'' in accordance with the provisions of 
those sections: Provided further, That of the funds appropriated or 
made available under this heading, not to exceed $250,000 may be 
available for representation and entertainment allowances, of which not 
to exceed $5,000 may be available for entertainment allowances, for 
USAID during the current fiscal year: Provided further, That no such 
entertainment funds may be used for the purposes listed in section 7020 
of this Act: Provided further, That appropriate steps shall be taken to 
assure that, to the maximum extent possible, United States-owned 
foreign currencies are utilized in lieu of dollars.

                        capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $213,000,000, to remain available until 
expended: Provided, That this amount is in addition to funds otherwise 
available for such purposes: Provided further, That funds appropriated 
under this heading shall be available for obligation only pursuant to 
the regular notification procedures of the Committees on 
Appropriations.

                      office of inspector general

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $46,500,000, to remain available 
until September 30, 2011, which sum shall be available for the Office 
of the Inspector General of the United States Agency for International 
Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, to remain available until September 30, 2010, unless 
otherwise specified herein, as follows:

                    global health and child survival

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for global 
health activities, in addition to funds otherwise available for such 
purposes, $2,414,000,000, to remain available until September 30, 2011, 
and which shall be apportioned directly to the United States Agency for 
International Development: Provided, That this amount shall be made 
available for such activities as: (1) child survival and maternal 
health programs; (2) immunization and oral rehydration programs; (3) 
other health, nutrition, water and sanitation programs which directly 
address the needs of mothers and children, and related education 
programs; (4) assistance for children displaced or orphaned by causes 
other than AIDS; (5) programs for the prevention, treatment, control 
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other 
infectious diseases including neglected tropical diseases, and for 
assistance to communities severely affected by HIV/AIDS, including 
children infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That none of the funds 
appropriated under this paragraph may be made available for nonproject 
assistance, except that funds may be made available for such assistance 
for ongoing health activities: Provided further, That of the funds 
appropriated under this paragraph, not to exceed $400,000, in addition 
to funds otherwise available for such purposes, may be used to monitor 
and provide oversight of child survival, maternal and family planning/
reproductive health, and infectious disease programs: Provided further, 
That of the funds appropriated under this paragraph, $79,000,000 should 
be made available for a United States contribution to The GAVI Fund: 
Provided further, That none of the funds made available in this Act nor 
any unobligated balances from prior appropriations Acts may be made 
available to any organization or program which, as determined by the 
President of the United States, supports or participates in the 
management of a program of coercive abortion or involuntary 
sterilization: Provided further, That any determination made under the 
previous proviso must be made no later than 6 months after the date of 
enactment of this Act, and must be accompanied by the evidence and 
criteria utilized to make the determination: Provided further, That 
none of the funds made available under this Act may be used to pay for 
the performance of abortion as a method of family planning or to 
motivate or coerce any person to practice abortions: Provided further, 
That nothing in this paragraph shall be construed to alter any existing 
statutory prohibitions against abortion under section 104 of the 
Foreign Assistance Act of 1961: Provided further, That none of the 
funds made available under this Act may be used to lobby for or against 
abortion: Provided further, That in order to reduce reliance on 
abortion in developing nations, funds shall be available only to 
voluntary family planning projects which offer, either directly or 
through referral to, or information about access to, a broad range of 
family planning methods and services, and that any such voluntary 
family planning project shall meet the following requirements: (1) 
service providers or referral agents in the project shall not implement 
or be subject to quotas, or other numerical targets, of total number of 
births, number of family planning acceptors, or acceptors of a 
particular method of family planning (this provision shall not be 
construed to include the use of quantitative estimates or indicators 
for budgeting and planning purposes); (2) the project shall not include 
payment of incentives, bribes, gratuities, or financial reward to: (A) 
an individual in exchange for becoming a family planning acceptor; or 
(B) program personnel for achieving a numerical target or quota of 
total number of births, number of family planning acceptors, or 
acceptors of a particular method of family planning; (3) the project 
shall not deny any right or benefit, including the right of access to 
participate in any program of general welfare or the right of access to 
health care, as a consequence of any individual's decision not to 
accept family planning services; (4) the project shall provide family 
planning acceptors comprehensible information on the health benefits 
and risks of the method chosen, including those conditions that might 
render the use of the method inadvisable and those adverse side effects 
known to be consequent to the use of the method; and (5) the project 
shall ensure that experimental contraceptive drugs and devices and 
medical procedures are provided only in the context of a scientific 
study in which participants are advised of potential risks and 
benefits; and, not less than 60 days after the date on which the 
Administrator of the United States Agency for International Development 
determines that there has been a violation of the requirements 
contained in paragraph (1), (2), (3), or (5) of this proviso, or a 
pattern or practice of violations of the requirements contained in 
paragraph (4) of this proviso, the Administrator shall submit to the 
Committees on Appropriations a report containing a description of such 
violation and the corrective action taken by the Agency: Provided 
further, That in awarding grants for natural family planning under 
section 104 of the Foreign Assistance Act of 1961 no applicant shall be 
discriminated against because of such applicant's religious or 
conscientious commitment to offer only natural family planning; and, 
additionally, all such applicants shall comply with the requirements of 
the previous proviso: Provided further, That for purposes of this or 
any other Act authorizing or appropriating funds for the Department of 
State, foreign operations, and related programs, the term ``motivate'', 
as it relates to family planning assistance, shall not be construed to 
prohibit the provision, consistent with local law, of information or 
counseling about all pregnancy options: Provided further, That 
information provided about the use of condoms as part of projects or 
activities that are funded from amounts appropriated by this Act shall 
be medically accurate and shall include the public health benefits and 
failure rates of such use.
    In addition, for necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the prevention, treatment, and 
control of, and research on, HIV/AIDS, $5,359,000,000, to remain 
available until expended, and which shall be apportioned directly to 
the Department of State: Provided, That of the funds appropriated under 
this paragraph, not less than $700,000,000 shall be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), as amended, for a United States contribution 
to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall 
be expended at the minimum rate necessary to make timely payment for 
projects and activities: Provided further, That up to 5 percent of the 
aggregate amount of funds made available to the Global Fund in fiscal 
year 2010 may be made available to the United States Agency for 
International Development for technical assistance related to the 
activities of the Global Fund: Provided further, That of the funds 
appropriated under this paragraph, up to $14,000,000 may be made 
available, in addition to amounts otherwise available for such 
purposes, for administrative expenses of the Office of the Global AIDS 
Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, and sections 251 through 255, and chapter 10 of part I of the 
Foreign Assistance Act of 1961, $2,567,000,000, to remain available 
until September 30, 2011: Provided, That of the funds appropriated 
under this heading that are made available for assistance programs for 
displaced and orphaned children and victims of war, not to exceed 
$45,000, in addition to funds otherwise available for such purposes, 
may be used to monitor and provide oversight of such programs: Provided 
further, That of the funds appropriated by this Act and prior Acts for 
fiscal year 2009, not less than $265,000,000 shall be made available 
for microenterprise and microfinance development programs for the poor, 
especially women: Provided further, That of the funds appropriated 
under this heading, not less than $23,000,000 shall be made available 
for the American Schools and Hospitals Abroad program: Provided 
further, That of the funds appropriated under this heading, $10,000,000 
shall be made available for cooperative development programs within the 
Office of Private and Voluntary Cooperation, United States Agency for 
International Development: Provided further, That of the funds 
appropriated by this Act and prior Acts for fiscal year 2009, not less 
than $315,000,000 shall be made available for water and sanitation 
supply projects pursuant to the Senator Paul Simon Water for the Poor 
Act of 2005 (Public Law 109-121): Provided further, That the relevant 
bureaus and offices of the United States Agency for International 
Development that support water-related programs shall coordinate such 
programs on a regular basis: Provided further, That of the funds 
appropriated by title III of this Act, not less than $1,500,000,000 
should be made available for agriculture development and food security 
programs, including for local or regional purchase and distribution of 
food, in addition to funds otherwise made available for such purposes, 
and notwithstanding any other provision of law, of which not less than 
$31,000,000 shall be made available for Collaborative Research Support 
Programs: Provided further, That prior to the obligation of funds 
pursuant to the previous proviso and after consultation with other 
relevant Federal departments and agencies, the Committees on 
Appropriations, and relevant nongovernmental organizations, the 
Administrator of the United States Agency for International Development 
shall submit to the Committees on Appropriations a strategy for 
achieving food security and agriculture development program goals: 
Provided further, That of the funds appropriated under this heading for 
agriculture development programs, $10,000,000 shall be made available 
for a United States contribution to the endowment of the Global Crop 
Diversity Trust pursuant to section 3202 of Public Law 110-246.

                   international disaster assistance

    For necessary expenses to carry out the provisions of section 491 
of the Foreign Assistance Act of 1961 for international disaster 
relief, rehabilitation, and reconstruction assistance, $855,000,000, to 
remain available until expended.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $65,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis: Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict: Provided further, That the United 
States Agency for International Development shall submit a report to 
the Committees on Appropriations at least 5 days prior to beginning a 
new program of assistance: Provided further, That if the Secretary of 
State determines that it is important to the national interests of the 
United States to provide transition assistance in excess of the amount 
appropriated under this heading, up to $15,000,000 of the funds 
appropriated by this Act to carry out the provisions of part I of the 
Foreign Assistance Act of 1961 may be used for purposes of this heading 
and under the authorities applicable to funds appropriated under this 
heading: Provided further, That funds made available pursuant to the 
previous proviso shall be made available subject to prior consultation 
with the Committees on Appropriations.

                         emergency crises fund

    For necessary expenses to enable the Secretary of State, in 
consultation with the Administrator of the United States Agency for 
International Development, to respond to unforeseen complex foreign 
crises, $100,000,000, to remain available until expended: Provided, 
That funds appropriated under this heading may be made available only 
pursuant to a determination by the Secretary of State that it is 
important to the national interest to furnish assistance on an 
emergency basis on such terms and conditions as the Secretary may 
determine, after consultation with Congress, for the purpose of 
responding to such crises, including support for peacekeeping and 
humanitarian intervention operations: Provided further, That none of 
the funds appropriated under this heading shall be available to respond 
to natural disasters: Provided further, That funds appropriated by this 
paragraph shall be made available notwithstanding section 10 of Public 
Law 91-672 and section 15 of the State Department Basic Authorities Act 
of 1956: Provided further, That the Secretary of State may furnish 
assistance under this heading notwithstanding any other provision of 
law, except sections 7007 and 7008 of this Act and section 620J of the 
Foreign Assistance Act of 1961: Provided further, That funds 
appropriated under this heading shall be subject to the regular 
notification procedures of the Committees on Appropriations, except 
that notification shall be transmitted at least 5 days in advance of 
the obligation of funds: Provided further, That the requirements of the 
previous proviso may be waived if failure to do so would pose a 
substantial risk to human health or welfare: Provided further, That in 
case of any such waiver, notification to the Committees on 
Appropriations shall be provided 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 
circumstances necessitating such waiver: Provided further, That any 
notification provided pursuant to such waiver shall contain an 
explanation of the emergency circumstances.

                      development credit authority

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by the 
United States Agency for International Development, as authorized by 
sections 256 and 635 of the Foreign Assistance Act of 1961, up to 
$25,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under the heading ``Assistance 
for Europe, Eurasia and Central Asia'': Provided, That funds provided 
under this paragraph and funds provided as a gift pursuant to section 
635(d) of the Foreign Assistance Act of 1961 shall be made available 
only for micro and small enterprise programs, urban programs, and other 
programs which further the purposes of part I of such Act: Provided 
further, That such costs, including the cost of modifying such direct 
and guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading: Provided further, That these funds are available to 
subsidize total loan principal, any portion of which is to be 
guaranteed, of up to $700,000,000.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,600,000, which may be transferred to, and merged with, 
funds made available under the heading ``Operating Expenses'' in title 
II of this Act: Provided, That funds made available under this heading 
shall remain available until September 30, 2012.

                         economic support fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $6,370,000,000, to 
remain available until September 30, 2011: Provided, That $11,000,000 
of the funds appropriated under this heading should be made available 
for Cyprus to be used only for scholarships, administrative support of 
the scholarship program, bicommunal projects, and measures aimed at 
reunification of the island and designed to reduce tensions and promote 
peace and cooperation between the two communities on Cyprus: Provided 
further, That of the funds appropriated under this heading, 
$199,000,000 shall be apportioned directly to USAID for alternative 
development/institution building programs in Colombia: Provided 
further, That of the funds appropriated under this heading that are 
available for assistance for Colombia, not less than $10,000,000 shall 
be transferred to, and merged with, funds appropriated under the 
heading ``Migration and Refugee Assistance'' and shall be made 
available only for nongovernmental organizations that provide direct 
services to Colombian refugees and host communities in Ecuador and 
other neighboring countries: Provided further, That of the funds 
appropriated under this heading that are available for assistance for 
Afghanistan and Pakistan, assistance may be provided notwithstanding 
any provision of law that restricts assistance to foreign countries for 
cross border stabilization and development programs between Afghanistan 
and Pakistan or between either country and the Central Asian Republics: 
Provided further, That funds appropriated under this heading that are 
made available for assistance for infrastructure projects in Pakistan 
shall be implemented in a manner consistent with section 507(6) of the 
Trade Act of 1974 (19 U.S.C. 2467(6)): Provided further, That of the 
funds appropriated under this heading, not less than $182,650,000 shall 
be made available for programs and activities of the Bureau of Oceans 
and International Environment and Scientific Affairs, Department of 
State: Provided further, That funds appropriated by this Act may be 
made available for bilateral environmental programs, and Asian regional 
programs that may include countries ineligible for United States 
assistance, notwithstanding any other provision of law, and subject to 
the regular notification procedures of the Committees on 
Appropriations.

                             democracy fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the promotion of democracy globally, 
$120,000,000, to remain available until September 30, 2011, of which 
not less than $79,000,000 shall be made available for the Human Rights 
and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, 
Department of State, and not less than $41,000,000 shall be made 
available for the Office of Democracy and Governance of the Bureau for 
Democracy, Conflict, and Humanitarian Assistance, United States Agency 
for International Development: Provided, That of the funds appropriated 
under this heading that are made available to the Bureau of Democracy, 
Human Rights and Labor, not less than $19,000,000 shall be made 
available for the promotion of democracy in the People's Republic of 
China, Hong Kong, and Taiwan, and not less than $6,500,000 shall be 
made available for the promotion of democracy in countries located 
outside the Middle East region with a significant Muslim population, 
and where such programs and activities would be important to respond 
to, deter, or prevent extremism: Provided further, That assistance for 
Taiwan should be matched from sources other than the United States 
Government.

            assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act, and the Support for 
East European Democracy (SEED) Act of 1989, $745,000,000, to remain 
available until September 30, 2011, which shall be available, 
notwithstanding any other provision of law, for assistance and for 
related programs for countries identified in section 3 of the FREEDOM 
Support Act and section 3(c) of the SEED Act: Provided, That funds 
appropriated under this heading shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for purposes of 
making available the administrative authorities contained in that Act 
for the use of economic assistance: Provided further, That 
notwithstanding any provision of this or any other Act, funds 
appropriated in prior years under the headings ``Independent States of 
the Former Soviet Union'' and similar headings and ``Assistance for 
Eastern Europe and the Baltic States'' and similar headings, and 
currencies generated by or converted from such funds, shall be 
available for use in any country for which funds are made available 
under this heading without regard to the geographic limitations of the 
heading under which such funds were originally appropriated: Provided 
further, That funds made available for the Southern Caucasus region may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of conflicts: Provided further, 
That of the funds appropriated under this heading, not less than 
$9,000,000 shall be made available for humanitarian, conflict 
mitigation, human rights, civil society, and relief and reconstruction 
assistance for the North Caucasus: Provided further, That of the funds 
appropriated under this heading that are available for assistance for 
Russia, not less than $500,000 shall be made available to the United 
States Foreign Service for forest management and wildlife conservation 
programs in the Russia Far East and Ukraine.

                          Department of State

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $1,525,000,000, to remain available until 
September 30, 2011: Provided, That during fiscal year 2010, the 
Department of State may also use the authority of section 608 of the 
Foreign Assistance Act of 1961, without regard to its restrictions, to 
receive excess property from an agency of the United States Government 
for the purpose of providing it to a foreign country or international 
organization under chapter 8 of part I of that Act subject to the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That the Secretary of State shall provide to the 
Committees on Appropriations not later than 45 days after the date of 
the enactment of this Act and prior to the initial obligation of funds 
appropriated under this heading, a report on the proposed uses of all 
funds under this heading on a country-by-country basis for each 
proposed program, project, or activity: Provided further, That section 
482(b) of the Foreign Assistance Act of 1961 shall not apply to funds 
appropriated under this heading: Provided further, That assistance 
provided with funds appropriated under this heading that is made 
available notwithstanding section 482(b) of the Foreign Assistance Act 
of 1961 shall be made available subject to the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
of the funds appropriated under this heading, $5,000,000 should be made 
available to combat piracy of United States copyrighted materials, 
consistent with the requirements of section 688(a) and (b) of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161): Provided 
further, That none of the funds appropriated under this heading for 
assistance for Colombia shall be made available for budget support or 
as cash payments.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $761,165,000, to carry 
out the provisions of chapter 8 of part II of the Foreign Assistance 
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the 
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, 
section 23 of the Arms Export Control Act or the Foreign Assistance Act 
of 1961 for demining activities, the clearance of unexploded ordnance, 
the destruction of small arms, and related activities, notwithstanding 
any other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency, and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission: Provided, That of this amount not to exceed $75,000,000, to 
remain available until expended, may be made available for the 
Nonproliferation and Disarmament Fund, notwithstanding any other 
provision of law, to promote bilateral and multilateral activities 
relating to nonproliferation and disarmament: Provided further, That 
such funds may also be used for such countries other than the 
Independent States of the former Soviet Union and international 
organizations when it is in the national security interest of the 
United States to do so: Provided further, That of the funds 
appropriated under this heading, not less than $37,000,000 shall be 
made available for the Biosecurity Engagement Program, of which not 
less than $6,000,000 shall be made available to continue biological 
threat reduction programs in Pakistan: Provided further, That funds 
appropriated under this heading may be made available for the 
International Atomic Energy Agency unless the Secretary of State 
determines that Israel is being denied its right to participate in the 
activities of that Agency: Provided further, That of the funds 
appropriated under this heading, not more than $500,000 may be made 
available for public-private partnerships for conventional weapons and 
mine action by grant, cooperative agreement or contract: Provided 
further, That of the funds made available for demining and related 
activities, not to exceed $700,000, in addition to funds otherwise 
available for such purposes, may be used for administrative expenses 
related to the operation and management of the demining program: 
Provided further, That funds appropriated under this heading that are 
available for ``Anti-terrorism Assistance'' and ``Export Control and 
Border Security'' shall remain available until September 30, 2011.

                    migration and refugee assistance

    For necessary expenses, not otherwise provided for, to enable the 
Secretary of State to provide, as authorized by law, a contribution to 
the International Committee of the Red Cross, assistance to refugees, 
including contributions to the International Organization for Migration 
and the United Nations High Commissioner for Refugees, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $1,677,800,000, to remain available until expended: Provided, 
That of the funds appropriated under this heading, $25,000,000 shall be 
made available for refugees resettling in Israel: Provided further, 
That none of the funds made available pursuant to the previous proviso 
may be made available for assistance for any refugee who resides in any 
Israeli settlement or outpost in the West Bank.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $75,000,000, to remain available until expended: 
Provided, That funds made available under this heading are appropriated 
notwithstanding the provisions contained in section 2(c)(2) of such Act 
which would limit the amount of funds which could be appropriated for 
this purpose.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (22 U.S.C. 2501-2523), $373,440,000, to remain available 
until September 30, 2011: Provided, That none of the funds appropriated 
under this heading shall be used to pay for abortions: Provided 
further, That the Director of the Peace Corps may transfer to the 
Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, 
an amount not to exceed $5,000,000: Provided further, That funds 
transferred pursuant to the previous proviso may not be derived from 
amounts made available for Peace Corps overseas operations: Provided 
further, That of the funds appropriated under this heading, not to 
exceed $4,000 may be made available for entertainment expenses: 
Provided further, That any decision to open a new domestic office or to 
close, or significantly reduce the number of personnel of, any office, 
shall be subject to prior consultation with the Committees on 
Appropriations: Provided further, That not later than 180 days after 
enactment of this Act, the Director of the Peace Corps shall submit a 
report to the Committees on Appropriations and Foreign Relations of the 
Senate, and the Committees on Appropriations and Foreign Affairs of the 
House of Representatives, consistent with the requirements of section 3 
of the Peace Corps Improvement and Expansion Act of 2009 (S. 1382), as 
introduced in the Senate on June 25, 2009.

                    millennium challenge corporation

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the 
Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.), $950,000,000 
to remain available until expended: Provided, That of the funds 
appropriated under this heading, up to $95,000,000 may be available for 
administrative expenses of the Millennium Challenge Corporation (the 
Corporation): Provided further, That up to 10 percent of the funds 
appropriated under this heading may be made available to carry out the 
purposes of section 616 of the Millennium Challenge Act of 2003 for 
fiscal year 2010: Provided further, That none of the funds available to 
carry out section 616 of such Act may be made available until the Chief 
Executive Officer of the Corporation provides a report to the 
Committees on Appropriations listing the candidate countries that will 
be receiving assistance under section 616 of such Act, the level of 
assistance proposed for each such country, a description of the 
proposed programs, projects and activities, and the implementing agency 
or agencies of the United States Government: Provided further, That 
section 605(e)(4) of such Act shall apply to funds appropriated under 
this heading: Provided further, That funds appropriated under this 
heading should be made available for a Millennium Challenge Compact 
entered into pursuant to section 609 of such Act only if such Compact 
obligates, or contains a commitment to obligate subject to the 
availability of funds and the mutual agreement of the parties to the 
Compact to proceed, the entire amount of the United States Government 
funding anticipated for the duration of the Compact: Provided further, 
That the Corporation should reimburse the United States Agency for 
International Development (USAID) for all expenses incurred by USAID 
with funds appropriated under this heading in assisting the Corporation 
in carrying out such Act, including administrative costs for compact 
development, negotiation, and implementation: Provided further, That 
funds appropriated by this Act or any prior Act appropriating funds for 
the Department of State, foreign operations, and related programs that 
are made available for a Millennium Challenge Compact and that are 
suspended or terminated by the Chief Executive Officer of the 
Corporation shall be subject to the regular notification procedures of 
the Committees on Appropriations prior to re-obligation: Provided 
further, That of the funds appropriated under this heading, not to 
exceed $100,000 shall be available for representation and entertainment 
allowances, of which not to exceed $5,000 shall be available for 
entertainment allowances.

                       inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1961, $23,000,000, to remain available 
until September 30, 2011: Provided, That of the funds appropriated 
under this heading, not to exceed $2,000 may be available for 
entertainment and representation allowances.

                     african development foundation

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533), 
$30,000,000, to remain available until September 30, 2011: Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the Foundation: Provided further, That interest earned 
shall be used only for the purposes for which the grant was made: 
Provided further, That notwithstanding section 505(a)(2) of the African 
Development Foundation Act, in exceptional circumstances the Board of 
Directors of the Foundation may waive the $250,000 limitation contained 
in that section with respect to a project and a project may exceed the 
limitation by up to $10,000 if the increase is due solely to foreign 
currency fluctuation: Provided further, That the Foundation shall 
provide a report to the Committees on Appropriations after each time 
such waiver authority is exercised.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $30,000,000, to remain available 
until September 30, 2012, which shall be available notwithstanding any 
other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to parts IV and V of the Foreign Assistance Act of 
1961, of modifying concessional credit agreements with least developed 
countries, as authorized under section 411 of the Agricultural Trade 
Development and Assistance Act of 1954, as amended, of concessional 
loans, guarantees and credit agreements, as authorized under section 
572 of the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts 
owed, as a result of loans or guarantees made pursuant to the Export-
Import Bank Act of 1945, by countries that are eligible for debt 
reduction pursuant to title V of H.R. 3425 as enacted into law by 
section 1000(a)(5) of Public Law 106-113, $60,000,000, to remain 
available until September 30, 2012: Provided, That not less than 
$20,000,000 of the funds appropriated under this heading shall be made 
available to carry out the provisions of part V of the Foreign 
Assistance Act of 1961: Provided further, That amounts paid to the 
Heavily Indebted Poor Countries (HIPC) Trust Fund may be used only to 
fund debt reduction under the enhanced HIPC initiative by--
            (1) the Inter-American Development Bank;
            (2) the African Development Fund;
            (3) the African Development Bank; and
            (4) the Central American Bank for Economic Integration:
Provided further, That funds may not be paid to the HIPC Trust Fund for 
the benefit of any country if the Secretary of State has credible 
evidence that the central government of such country is engaged in a 
consistent pattern of gross violations of internationally recognized 
human rights or in military or civil conflict that undermines its 
ability to develop and implement measures to alleviate poverty and to 
devote adequate human and financial resources to that end: Provided 
further, That on the basis of final appropriations, the Secretary of 
the Treasury shall consult with the Committees on Appropriations 
concerning which countries and international financial institutions are 
expected to benefit from a United States contribution to the HIPC Trust 
Fund during the fiscal year: Provided further, That the Secretary of 
the Treasury shall notify the Committees on Appropriations not less 
than 15 days in advance of the signature of an agreement by the United 
States to make payments to the HIPC Trust Fund of amounts for such 
countries and institutions: Provided further, That the Secretary of the 
Treasury may disburse funds designated for debt reduction through the 
HIPC Trust Fund only for the benefit of countries that--
            (1) have committed, for a period of 24 months, not to 
        accept new market-rate loans from the international financial 
        institution receiving debt repayment as a result of such 
        disbursement, other than loans made by such institutions to 
        export-oriented commercial projects that generate foreign 
        exchange which are generally referred to as ``enclave'' loans; 
        and
            (2) have documented and demonstrated their commitment to 
        redirect their budgetary resources from international debt 
        repayments to programs to alleviate poverty and promote 
        economic growth that are additional to or expand upon those 
        previously available for such purposes:
Provided further, That any limitation of subsection (e) of section 411 
of the Agricultural Trade Development and Assistance Act of 1954 shall 
not apply to funds appropriated under this heading: Provided further, 
That none of the funds made available under this heading in this or any 
other appropriations Act shall be made available for Sudan or Burma 
unless the Secretary of the Treasury determines and notifies the 
Committees on Appropriations that a democratically elected government 
has taken office.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                  Funds Appropriated to the President

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $331,500,000: Provided, That 
funds appropriated under this heading may be used, notwithstanding 
section 660 of such Act, to provide assistance to enhance the capacity 
of foreign civilian security forces to participate in peacekeeping 
operations: Provided further, That of the funds appropriated under this 
heading, up to $102,000,000 may be made available for assistance for 
Somalia, of which up to $55,000,000 may be used to pay assessed 
expenses of international peacekeeping activities in Somalia: Provided 
further, That of the funds appropriated under this heading, not less 
than $26,000,000 shall be made available for a United States 
contribution to the Multinational Force and Observers mission in the 
Sinai: Provided further, That none of the funds appropriated under this 
heading shall be obligated or expended except as provided through the 
regular notification procedures of the Committees on Appropriations.

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $105,150,000, of which up to 
$4,000,000 may remain available until expended and may only be provided 
through the regular notification procedures of the Committees on 
Appropriations: Provided, That the civilian personnel for whom military 
education and training may be provided under this heading may include 
civilians who are not members of a government whose participation would 
contribute to improved civil-military relations, civilian control of 
the military, or respect for human rights: Provided further, That funds 
made available under this heading for assistance for Angola, 
Bangladesh, Cameroon, Central African Republic, Chad, Cote d'Ivoire, 
Democratic Republic of the Congo, Ethiopia, Guatemala, Guinea, Haiti, 
Kenya, Libya, Nepal, and Sri Lanka may only be provided through the 
regular notification procedures of the Committees on Appropriations and 
any such notification shall include a detailed description of proposed 
activities, and none of the funds appropriated under this heading may 
be made available for assistance for Equatorial Guinea: Provided 
further, That of the funds appropriated under this heading, not to 
exceed $55,000 shall be available for entertainment allowances.

                   foreign military financing program

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$3,989,000,000: Provided, That to expedite the provision of assistance 
to foreign countries and international organizations, the Secretary of 
State, following consultation with the Committees on Appropriations and 
subject to the regular notification procedures of such Committees, may 
use the funds appropriated under this heading to procure defense 
articles and services to enhance the capacity of foreign security 
forces: Provided further, That funds appropriated under this heading 
for assistance for Pakistan may be made available only for border 
security, counter-terrorism and law enforcement activities directed 
against Al Qaeda, the Taliban and associated terrorist groups: Provided 
further, That none of the funds made available under this heading shall 
be made available to support or continue any program initially funded 
under the authority of section 1206 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 
3456) unless the Secretary of State has previously justified such 
program to the Committees on Appropriations: Provided further, That 
funds appropriated or otherwise made available by this paragraph shall 
be nonrepayable notwithstanding any requirement in section 23 of the 
Arms Export Control Act: Provided further, That funds made available 
under this paragraph shall be obligated upon apportionment in 
accordance with paragraph (5)(C) of title 31, United States Code, 
section 1501(a): Provided further, That not less than $2,000,000 of the 
funds appropriated under this heading shall be transferred to, and 
merged with, funds appropriated by this Act under the heading 
``Diplomatic and Consular Programs'' to be made available to the Bureau 
of Democracy, Human Rights and Labor, Department of State, to support 
monitoring of the uses of assistance made available under this heading, 
in addition to amounts otherwise available for such purposes, subject 
to prior consultation with the Committees on Appropriations.
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurements has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurements may be financed with such funds: 
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 7015 of this Act: Provided further, That none of the funds 
appropriated under this heading may be made available for assistance 
for Bangladesh, Cambodia, Democratic Republic of the Congo, Ethiopia, 
Guatemala, Haiti, Indonesia, Kenya, Nepal, Pakistan, Philippines, and 
Sri Lanka except pursuant to the regular notification procedures of the 
Committees on Appropriations: Provided further, That funds made 
available under this heading may be used, notwithstanding any other 
provision of law, for demining, the clearance of unexploded ordnance, 
and related activities, and may include activities implemented through 
nongovernmental and international organizations: Provided further, That 
only those countries for which assistance was justified for the 
``Foreign Military Sales Financing Program'' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act: Provided further, That funds appropriated under this heading shall 
be expended at the minimum rate necessary to make timely payment for 
defense articles and services: Provided further, That not more than 
$52,464,000 of the funds appropriated under this heading may be 
obligated for necessary expenses, including the purchase of passenger 
motor vehicles for replacement only for use outside of the United 
States, for the general costs of administering military assistance and 
sales, except that this limitation may be exceeded only through the 
regular notification procedures of the Committees on Appropriations: 
Provided further, That of the funds appropriated under this heading for 
general costs of administering military assistance and sales, 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 not more than $550,000,000 of funds realized 
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be 
obligated for expenses incurred by the Department of Defense during 
fiscal year 2010 pursuant to section 43(b) of such Act, except that 
this limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                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 Participation Act of 1973, $393,000,000: 
Provided, That section 307(a) of the Foreign Assistance Act of 1961 
shall not apply to contributions to the United Nations Democracy Fund.

                  international financial institutions

                      global environment facility

    For the United States contribution for the Global Environment 
Facility, $86,500,000, to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility, by the 
Secretary of the Treasury, to remain available until expended.

       contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,320,000,000, to remain available until 
expended.

               contribution to the clean technology fund

    For contributions to the multilateral Clean Technology Fund, 
$400,000,000, to remain available until expended.

               contribution to the strategic climate fund

    For contributions to the multilateral Strategic Climate Fund, 
$75,000,000, to remain available until expended.

          contribution to the inter-american development bank

    For payment to the Inter-American Investment Corporation by the 
Secretary of the Treasury, $4,670,000, to remain available until 
expended.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, $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 Development Bank Act, as amended, $115,250,000, 
to remain available until expended.

              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 Development Fund, 
$159,885,000, to remain available until expended.

  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, $30,000,000, to remain available until expended.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-import Bank of the United States

                           inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $2,500,000, to remain available until September 30, 2011.

                            program account

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation: Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act: Provided 
further, That notwithstanding section 1(c) of Public Law 103-428, as 
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in 
effect through October 1, 2010: Provided further, That not less than 10 
percent of the aggregate loan, guarantee, and insurance authority 
available to the Export-Import Bank under this Act should be used for 
renewable energy technologies or end-use energy efficiency 
technologies.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, not to exceed $58,000,000: Provided, That such costs, 
including the cost of modifying such loans, shall be as defined in 
section 502 of the Congressional Budget Act of 1974: Provided further, 
That such funds shall remain available until September 30, 2025, for 
the disbursement of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2010, 2011, 2012, and 2013: 
Provided further, That none of the funds appropriated by this Act or 
any prior Acts appropriating funds for the Department of State, foreign 
operations, and related programs for tied-aid credits or grants may be 
used for any other purpose except through the regular notification 
procedures of the Committees on Appropriations: Provided further, That 
funds appropriated by this paragraph are made available notwithstanding 
section 2(b)(2) of the Export-Import Bank Act of 1945, in connection 
with the purchase or lease of any product by any Eastern European 
country, any Baltic State or any agency or national thereof.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000 
for official reception and representation expenses for members of the 
Board of Directors, not to exceed $83,880,000: Provided, That the 
Export-Import Bank may accept, and use, payment or services provided by 
transaction participants for legal, financial, or technical services in 
connection with any transaction for which an application for a loan, 
guarantee or insurance commitment has been made: Provided further, That 
notwithstanding subsection (b) of section 117 of the Export Enhancement 
Act of 1992, subsection (a) thereof shall remain in effect until 
October 1, 2010.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945, 
as amended, and the Federal Credit Reform Act of 1990, as amended, in 
an amount not to exceed the amount appropriated herein, shall be 
credited as offsetting collections to this account: Provided, That the 
sums herein appropriated from the General Fund shall be reduced on a 
dollar-for-dollar basis by such offsetting collections so as to result 
in a final fiscal year appropriation from the General Fund estimated at 
$0: Provided further, That amounts collected in fiscal year 2010 in 
excess of obligations shall become available on September 1, 2010 and 
shall remain available until September 30, 2013.

                Overseas Private Investment Corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary: 
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$35,000) shall not exceed $52,310,000: Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                            program account

    For the cost of direct and guaranteed loans, $29,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974: Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2010, 2011, and 2012: 
Provided further, That funds so obligated in fiscal year 2010 remain 
available for disbursement through 2018; funds obligated in fiscal year 
2011 remain available for disbursement through 2019; and funds 
obligated in fiscal year 2012 remain available for disbursement through 
2020: Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized to 
undertake any program authorized by title IV of the Foreign Assistance 
Act of 1961 in Iraq: Provided further, That funds made available 
pursuant to the authority of the previous proviso shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                  Funds Appropriated to the President

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $55,200,000, to remain available 
until September 30, 2011: Provided, That of the funds appropriated 
under this heading, not more than $4,000 may be available for 
representation and entertainment allowances.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

    Sec. 7001.  Funds appropriated under title I of this Act shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United States 
Code; for services as authorized by 5 U.S.C. 3109; and for hire of 
passenger transportation pursuant to 31 U.S.C. 1343(b).

                      unobligated balances report

    Sec. 7002.  Any department or agency of the United States 
Government to which funds are appropriated or otherwise made available 
by this Act shall provide to the Committees on Appropriations a 
quarterly accounting of cumulative balances 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.

                          consulting services

    Sec. 7003.  The expenditure of any appropriation under title I of 
this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order issued pursuant to existing law.

                          embassy construction

    Sec. 7004. (a) Of funds provided under title I of this Act, except 
as provided in subsection (b), a project to construct a diplomatic 
facility of the United States may not include office space or other 
accommodations for an employee of a Federal agency or department if the 
Secretary of State determines that such department or agency has not 
provided to the Department of State the full amount of funding required 
by subsection (e) of section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) 
of Public Law 106-113 and contained in appendix G of that Act; 113 
Stat. 1501A-453), as amended by section 629 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2005.
    (b) Notwithstanding the prohibition in subsection (a), a project to 
construct a diplomatic facility of the United States may include office 
space or other accommodations for members of the United States Marine 
Corps.
    (c) None of the funds appropriated by this Act may be made 
available to pay for the acquisition of property for diplomatic 
facilities in Afghanistan.

                           personnel actions

    Sec. 7005.  Any costs incurred by a department or agency funded 
under title I of this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available under title I to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 7015 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.

                 prohibition on publicity or propaganda

    Sec. 7006.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes within the United 
States not authorized before the date of the enactment of this Act by 
the Congress: Provided, That not to exceed $25,000 may be made 
available to carry out the provisions of section 316 of Public Law 96-
533.

        prohibition against direct funding for certain countries

    Sec. 7007.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance or reparations 
for the governments of 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. 7008.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance to the 
government of any country whose duly elected head of government is 
deposed by military coup or decree: Provided, That assistance may be 
resumed to such government if the President certifies in writing to the 
Committees on Appropriations that subsequent to the termination of 
assistance a democratically elected government has taken office: 
Provided further, That the provisions of this section shall not apply 
to assistance to promote democratic elections or public participation 
in democratic processes: Provided further, That funds made available 
pursuant to the previous provisos shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                           transfer authority

    Sec. 7009. (a) Department of State and Broadcasting Board of 
Governors.--Not to exceed 5 percent of any appropriation made available 
for the current fiscal year for the Department of State under title I 
of 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, That 
not to exceed 5 percent of any appropriation made available for the 
current fiscal year for the Broadcasting Board of Governors under title 
I of 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 7015(a) and (b) of this Act and 
shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    (b) Export Financing Transfer Authorities.--Not to exceed 5 percent 
of any appropriation other than for administrative expenses made 
available for fiscal year 2010, for programs under title VI 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 Committees on Appropriations.
    (c) Limitation on Transfers Between Agencies.--
            (1) None of the funds made available under titles II 
        through V of this Act may be transferred to any department, 
        agency, or instrumentality of the United States Government, 
        except pursuant to 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.
    (d) Transfers Between Accounts.--None of the funds made available 
under titles II through V of this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President, 
not less than 5 days prior to the exercise of any authority contained 
in the Foreign Assistance Act of 1961 to transfer funds, consults with 
and provides a written policy justification to the Committees on 
Appropriations.
    (e) Audit of Inter-agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated 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 agency receiving the transfer 
or allocation of such funds shall 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.

                         reporting requirement

    Sec. 7010.  The Secretary of State shall provide the Committees on 
Appropriations, not later than April 1, 2010, and for each fiscal 
quarter, a report in writing on the uses of funds made available under 
the headings ``Foreign Military Financing Program'', ``International 
Military Education and Training'', and ``Peacekeeping Operations'': 
Provided, That such report shall include a description of the 
obligation and expenditure of funds, and the specific country in 
receipt of, and the use or purpose of the assistance provided by such 
funds.

                         availability of funds

    Sec. 7011.  No part of any appropriation contained in this Act 
shall remain available for obligation after the expiration of the 
current fiscal year unless expressly so provided in this Act: Provided, 
That funds appropriated for the purposes of chapters 1, 8, 11, and 12 
of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part 
II of the Foreign Assistance Act of 1961, section 23 of the Arms Export 
Control Act, and funds provided under the headings ``Assistance for 
Europe, Eurasia and Central Asia'' and ``Development Credit 
Authority'', 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 provision of this 
Act, any funds made available for the purposes 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 remain 
available until expended.

            limitation on assistance to countries in default

    Sec. 7012.  No part of any appropriation provided under titles III 
through VI in this Act shall be used to furnish assistance to the 
government of any country which is in default during a period in excess 
of one calendar year in payment to the United States of principal or 
interest on any loan made to the government of such country by the 
United States pursuant to a program for which funds are appropriated 
under this Act unless the President determines, following consultations 
with the Committees on Appropriations, that assistance for such country 
is in the national interest of the United States.

          prohibition on taxation of united states assistance

    Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
appropriated under titles III through VI of this Act may be made 
available to provide assistance for a foreign country under a new 
bilateral agreement governing the terms and conditions under which such 
assistance is to be provided unless such agreement includes a provision 
stating that assistance provided by the United States shall be exempt 
from taxation, or reimbursed, 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 2010 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through 
grantees, contractors and subcontractors shall be withheld from 
obligation from funds appropriated for assistance for fiscal year 2011 
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 
certifies and reports in writing to the Committees on Appropriations 
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 subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for 
each country or entity pursuant to subsection (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 
substantial 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
                    (B) the foreign policy interests of the United 
                States outweigh the purpose of this section to ensure 
                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 regard 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 assistance 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 Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the 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.

                         reservations of funds

    Sec. 7014. (a) Funds appropriated under titles II through VI of 
this Act which are specifically designated may be reprogrammed for 
other programs within the same account notwithstanding the designation 
if compliance with the designation is made impossible by operation of 
any provision of this or any other Act: Provided, That any such 
reprogramming shall be subject to the regular notification procedures 
of the Committees on Appropriations: Provided further, That assistance 
that is reprogrammed pursuant to this subsection shall be made 
available under the same terms and conditions as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by the United States Agency for International Development 
(USAID) that are specifically designated for particular programs or 
activities by this or any other Act shall be extended for an additional 
fiscal year if the USAID Administrator determines and reports promptly 
to the Committees on Appropriations that the termination of assistance 
to a country or a significant change in circumstances makes it unlikely 
that such designated funds can be obligated during the original period 
of availability: Provided, That such designated funds that continue to 
be available for an additional fiscal year shall be obligated only for 
the purpose of such designation.
    (c) Ceilings and specifically designated funding levels contained 
in this Act shall not be applicable to funds or authorities 
appropriated or otherwise made available by any subsequent Act unless 
such Act specifically so directs: Provided, That specifically 
designated funding levels or minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this 
Act.

                reprogramming notification requirements

    Sec. 7015. (a) None of the funds made available in title I 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 2010, 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; unless the 
Committees 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 agency or department funded under title I of this Act that remain 
available for obligation or expenditure in fiscal year 2010, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agency 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 $1,000,000 or 10 percent, whichever 
is less, that: (1) augments existing programs, projects, or activities; 
(2) reduces by 10 percent funding for any existing program, project, or 
activity, or numbers of personnel by 10 percent as approved 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 in this Act under the headings ``Global 
Health and Child Survival'', ``Development Assistance'', 
``International Organizations and Programs'', ``Trade and Development 
Agency'', ``International Narcotics Control and Law Enforcement'', 
``Assistance for Europe, Eurasia and Central Asia'', ``Economic Support 
Fund'', ``Democracy Fund'', ``Peacekeeping Operations'', ``Capital 
Investment Fund'', ``Operating Expenses'', ``Office of Inspector 
General'', ``Nonproliferation, Anti-terrorism, Demining and Related 
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military 
Financing Program'', ``International 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 Committees on Appropriations for 
obligation under any of these specific headings unless the Committees 
on Appropriations are notified 15 days in advance: Provided, That the 
President shall not enter into any commitment 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 
ammunition, or other major defense items defined to be aircraft, ships, 
missiles, or combat vehicles, not previously 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 requirements of this subsection or 
any similar provision of any other Act shall not apply to any 
reprogramming for an activity, program, or project for which funds are 
appropriated under titles II through IV of this Act of less than 10 
percent of the amount previously justified to the Congress for 
obligation for such activity, program, or project for the current 
fiscal year.
    (d) Notwithstanding any other provision of law, with the exception 
of funds transferred to, and merged with, funds appropriated under 
title I of this Act, funds transferred by the Department of Defense to 
the Department of State and the United States Agency for International 
Development for assistance for foreign countries and international 
organizations, and funds made available for programs authorized by 
section 1206 of the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109-163), shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (e) 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 Appropriations, may be waived if failure to do so 
would pose a substantial 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 provided 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 circumstances necessitating such waiver: Provided further, That 
any notification provided pursuant to such a waiver shall contain an 
explanation of the emergency circumstances.
    (f) None of the funds appropriated under titles III through VI of 
this Act shall be obligated or expended for assistance for Serbia, 
Sudan, Zimbabwe, Pakistan, Sri Lanka, Somalia, Cuba, Iran, Haiti, 
Libya, Ethiopia, Nepal, Mexico, or Cambodia and countries listed in 
section 7045(f)(4) of this Act except as provided through the regular 
notification procedures of the Committees on Appropriations.

                notification on excess defense equipment

    Sec. 7016.  Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign Assistance 
Act of 1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as 
other committees pursuant 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 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 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 articles: Provided further, That 
such Committees shall also be informed of the original acquisition cost 
of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 7017.  Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under titles III 
through VI of this Act or any previously enacted Act making 
appropriations for the Department of State, foreign operations, 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 available 
for obligation until September 30, 2011.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  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 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 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 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 sterilizations.

                              allocations

    Sec. 7019. (a) Funds provided in this Act for the following 
accounts shall be made available for programs and countries in the 
amounts contained in the respective tables included in the report 
accompanying this Act:
            ``Civilian Stabilization Initiative''.
            ``Diplomatic and Consular Programs''.
            ``Educational and Cultural Exchange Programs''.
            ``International Fisheries Commissions''.
            ``International Broadcasting Operations''.
            ``Global Health and Child Survival''.
            ``Development Assistance''.
            ``Economic Support Fund''.
            ``Assistance for Europe, Eurasia and Central Asia''.
            ``International Narcotics Control and Law Enforcement''.
            ``Nonproliferation, Anti-terrorism, Demining and Related 
        Programs''.
            ``Foreign Military Financing Program''.
            ``Peacekeeping Operations''.
            ``International Organizations and Programs''.
    (b) For the purposes of implementing this section and only with 
respect to the tables included in the report accompanying this Act, the 
Secretary of State, the Administrator of the United States Agency for 
International Development and the Broadcasting Board of Governors, as 
appropriate, may propose deviations to the amounts referenced in 
subsection (a), subject to the regular notification procedures of the 
Committees on Appropriations and section 634A of the Foreign Assistance 
Act of 1961.
    (c) The requirements contained in subsection (a) shall apply to the 
table under the headings ``Bilateral Economic Assistance'' and 
``General Provisions'' in such report.

               prohibition of payment of certain expenses

    Sec. 7020.  None of the funds appropriated or otherwise made 
available by this Act under the headings ``International Military 
Education and Training'' or ``Foreign Military Financing Program'' for 
Informational Program activities or under the headings ``Global Health 
and Child Survival'', ``Development Assistance'', and ``Economic 
Support Fund'' may be obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

  prohibition on assistance to foreign governments that export lethal 
   military equipment to countries supporting international terrorism

    Sec. 7021. (a) None of the funds appropriated or otherwise made 
available by titles III through VI of this Act may be available to any 
foreign government which provides lethal military equipment to a 
country the government of which the Secretary of State has determined 
is a government that supports international terrorism for purposes of 
section 6(j) of the Export Administration Act of 1979: Provided, That 
the prohibition under this section with respect to a foreign government 
shall terminate 12 months after that government ceases to provide such 
military equipment: Provided further, That this section applies with 
respect to lethal military equipment provided under a contract entered 
into after October 1, 1997.
    (b) Assistance restricted by subsection (a) or any other similar 
provision of law, may be furnished if the President determines that to 
do so is important to the national interests of the United States.
    (c) Whenever the President makes a determination pursuant to 
subsection (b), the President shall submit to the Committees on 
Appropriations a report with respect to the furnishing of such 
assistance, including a detailed explanation of the assistance to be 
provided, the estimated dollar amount of such assistance, and an 
explanation of how the assistance furthers United States national 
interests.

       prohibition on bilateral assistance to terrorist countries

    Sec. 7022. (a) Funds appropriated for bilateral assistance under 
any heading in titles III through VI 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 to any government 
which the President determines--
            (1) grants sanctuary from prosecution to any individual or 
        group which has committed an act of international terrorism; or
            (2) otherwise supports international terrorism.
    (b) The President may waive the application of subsection (a) to a 
country if the President determines that national security or 
humanitarian reasons justify such waiver: Provided, That the President 
shall publish each such waiver in the Federal 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 accordance with the regular notification procedures of the 
Committees on Appropriations.

                       authorization requirements

    Sec. 7023.  Funds appropriated by this Act, except funds 
appropriated under the heading ``Trade and Development Agency'', may be 
obligated and expended notwithstanding section 10 of Public Law 91-672, 
section 15 of the State Department Basic Authorities Act of 1956, 
section 313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).

              definition of program, project, and activity

    Sec. 7024.  For the purpose of titles II through VI 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 directives, 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 program level funding within each such account; 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, either as: (1) justified to the Congress; or (2) allocated by 
the executive branch in accordance with a report, to be provided 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.

authorities for the peace corps, inter-american foundation and african 
                         development foundation

    Sec. 7025.  Unless expressly provided to the contrary, provisions 
of this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for the Department of State, 
foreign operations, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act or the African Development 
Foundation Act: Provided, That the agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.

                commerce, trade and surplus commodities

    Sec. 7026. (a) None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for direct assistance and 
none of the funds otherwise made available 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 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 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 Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, 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 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 agricultural commodities of 
        the United States; or
            (2) research activities intended primarily to benefit 
        American producers.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Directors of the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance 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 available pursuant to 
titles III through VI 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 substantial injury to United 
States producers of the same, similar, or competing commodity.

                           separate accounts

    Sec. 7027. (a) Separate Accounts for Local Currencies.--
            (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 generation of local currencies 
        of that country, the Administrator of the United States Agency 
        for International Development shall--
                    (A) require that local currencies be deposited in a 
                separate account established by that government;
                    (B) enter into an agreement with that government 
                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 government 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 account.
            (2) Uses of local currencies.--As may be agreed upon with 
        the foreign government, local currencies deposited in a 
        separate account pursuant to subsection (a), or an equivalent 
        amount of local currencies, shall be used only--
                    (A) to carry out chapter 1 or 10 of part I or 
                chapter 4 of part II of the Foreign Assistance Act of 
                1961 (as the case may be), for such purposes as--
                            (i) project and sector assistance 
                        activities; 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 equivalent of the local currencies disbursed 
        pursuant to subsection (a)(2)(A) from the separate account 
        established 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 of the Foreign Assistance Act of 1961 (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 such purposes as may be agreed to 
        by the government of that country and the United States 
        Government.
            (5) Reporting requirement.--The Administrator of the United 
        States Agency for International Development shall report on an 
        annual basis as part of the justification documents submitted 
        to the Committees on Appropriations on the use of local 
        currencies 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 equivalent) 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 government of a 
        foreign country, under chapter 1 or 10 of part I or chapter 4 
        of part II of the Foreign Assistance Act of 1961, as cash 
        transfer assistance or as nonproject sector assistance, that 
        country shall be required 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 inconsistent with the nature of this assistance 
        including provisions which are referenced in the Joint 
        Explanatory Statement of the Committee of Conference 
        accompanying House Joint Resolution 648 (House Report No. 98-
        1159).
            (3) Notification.--At least 15 days prior to obligating 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 
        assistance (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 subsection (b)(1) only through 
        the notification procedures of the Committees on 
        Appropriations.

                       eligibility for assistance

    Sec. 7028. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Assistance 
for Europe, Eurasia and Central Asia'': Provided, That before using the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance: Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained 
in this or any other Act.
    (b) Public Law 480.--During fiscal year 2010, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the 
Agricultural Trade Development and Assistance Act of 1954: Provided, 
That none of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be obligated or 
expended except as provided through the regular notification procedures 
of the Committees on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; 
        or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                  impact on jobs in the united states

    Sec. 7029.  None of the funds appropriated under titles III through 
VI of this Act may be obligated or expended to provide--
            (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (2) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act 
        of 1974, of workers in the recipient country, including any 
        designated zone or area in that country: Provided, That the 
        application of section 507(4)(D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                  international financial institutions

    Sec. 7030. (a) None of the funds appropriated in title V of this 
Act may be made as payment to any international financial institution 
while the United States Executive Director to such institution 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 occupying a position at level V 
of the Executive Schedule under section 5316 of title 5, United States 
Code.
    (b) The Secretary of the Treasury shall instruct the United States 
Executive Director at each international financial institution to 
oppose any loan, grant, strategy or policy of such institution that 
would require user fees or service charges on poor people for primary 
education or primary healthcare, including prevention, care and 
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal health, in connection with the institutions' financing 
programs.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Director at the International Monetary Fund (the Fund) to use 
the voice and vote of the United States to oppose any loan, project, 
agreement, memorandum, instrument, or other program of the Fund that 
imposes budget caps or restraints that do not allow the maintenance of 
or an increase in government spending on health care or education; and 
to promote government spending on health care, education, food aid, or 
other critical safety net programs in all of the Fund's activities with 
respect to Heavily Indebted Poor Countries.
    (d) For purposes of this section ``international financial 
institutions'' are the International Bank for Reconstruction and 
Development, the Inter-American Development Bank, the Asian Development 
Bank, the Asian Development 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.

                          debt-for-development

    Sec. 7031.  In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization 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 provided under 
title III of this Act and, subject to the regular notification 
procedures of the Committees on Appropriations, any interest earned on 
such investment shall be used for the purpose for which the assistance 
was provided to that organization.

             authority to engage in debt buybacks or sales

    Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section: Provided, 
        That such agency shall make adjustment in its accounts to 
        reflect the sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                  special debt relief for the poorest

    Sec. 7033. (a) Authority to Reduce Debt.--The President may reduce 
amounts owed to the United States (or any agency of the United States) 
by an eligible country as a result of--
            (1) guarantees issued under sections 221 and 222 of the 
        Foreign Assistance Act of 1961;
            (2) credits extended or guarantees issued under the Arms 
        Export Control Act; or
            (3) any obligation or portion of such obligation, to pay 
        for purchases of United States agricultural commodities 
        guaranteed by the Commodity Credit Corporation under export 
        credit guarantee programs authorized pursuant to section 5(f) 
        of the Commodity Credit Corporation Charter Act of June 29, 
        1948, as amended, section 4(b) of the Food for Peace Act of 
        1966, as amended (Public Law 89-808), or section 202 of the 
        Agricultural Trade Act of 1978, as amended (Public Law 95-501).
    (b) Limitations.--
            (1) The authority provided by subsection (a) may be 
        exercised only to implement multilateral official debt relief 
        and referendum agreements, commonly referred to as ``Paris Club 
        Agreed Minutes''.
            (2) The authority provided by subsection (a) may be 
        exercised only in such amounts or to such extent as is provided 
        in advance by appropriations Acts.
            (3) The authority provided by subsection (a) may be 
        exercised only with respect to countries with heavy debt 
        burdens that are eligible to borrow from the International 
        Development Association, but not from the International Bank 
        for Reconstruction and Development, commonly referred to as 
        ``IDA-only'' countries.
    (c) Conditions.--The authority provided by subsection (a) may be 
exercised only with respect to a country whose government--
            (1) does not have an excessive level of military 
        expenditures;
            (2) has not repeatedly provided support for acts of 
        international terrorism;
            (3) is not failing to cooperate on international narcotics 
        control matters;
            (4) (including its military or other security forces) does 
        not engage in a consistent pattern of gross violations of 
        internationally recognized human rights; and
            (5) is not ineligible for assistance because of the 
        application of section 527 of the Foreign Relations 
        Authorization Act, Fiscal Years 1994 and 1995.
    (d) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to the funds appropriated by this Act 
under the heading ``Debt Restructuring''.
    (e) Certain Prohibitions Inapplicable.--A reduction of debt 
pursuant to subsection (a) shall not be considered assistance for the 
purposes of any provision of law limiting assistance to a country: 
Provided, That the authority provided by subsection (a) may be 
exercised notwithstanding section 620(r) of the Foreign Assistance Act 
of 1961 or section 321 of the International Development and Food 
Assistance Act of 1975.

                          special authorities

    Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro, 
Victims of War, Displaced Children, and Displaced Burmese.--Funds 
appropriated under titles III through VI of this Act that are made 
available for assistance for Afghanistan may be made available 
notwithstanding section 7012 of this Act or any similar provision of 
law and section 660 of the Foreign Assistance Act of 1961, and funds 
appropriated in titles III and VI of this Act that are made available 
for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war, 
displaced children, and displaced Burmese, and to assist victims of 
trafficking in persons and, subject to the regular notification 
procedures of the Committees on Appropriations, to combat such 
trafficking, may be made available notwithstanding any other provision 
of law.
    (b) Waiver.--
            (1) The President may waive the provisions of section 1003 
        of Public Law 100-204 if the President determines and certifies 
        in writing to the Speaker of the House of Representatives, the 
        President pro tempore of the Senate, and the Committees on 
        Appropriations that it is important to the national security 
        interests of the United States.
            (2) Period of application of waiver.--Any waiver pursuant 
        to paragraph (1) shall be effective for no more than a period 
        of 6 months at a time and shall not apply beyond 12 months 
        after the enactment of this Act.
    (c) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development may provide an exception to 
the fair opportunity process for placing task orders under such 
contracts when the order is placed with any category of small or small 
disadvantaged business.
    (d) Authority Repealed.--Section 7034(d) of Public Law 111-8 is 
hereby repealed.
    (e) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (f) Extension of Authority.--The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended--
            (1) in section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 2009'' 
                and inserting ``2009, and 2010''; and
                    (B) in subsection (e), by striking ``2009'' each 
                place it appears and inserting ``2010''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``2009'' and inserting ``2010''.
    (g) World Food Program.--Of the funds managed by the Bureau for 
Democracy, Conflict, and Humanitarian Assistance, United States Agency 
for International Development, from this or any other Act, not less 
than $10,000,000 shall be made available as a general contribution to 
the World Food Program, notwithstanding any other provision of law.
    (h) Disarmament, Demobilization and Reintegration.--Notwithstanding 
any other provision of law, regulation or Executive order, funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Economic Support Fund'', ``Peacekeeping Operations'', 
``International Disaster Assistance'', and ``Transition Initiatives'' 
should be made available to support programs to disarm, demobilize, and 
reintegrate into civilian society former members of foreign terrorist 
organizations: Provided, That the Secretary of State shall consult with 
the Committees on Appropriations prior to the obligation of funds 
pursuant to this subsection: Provided further, That for the purposes of 
this subsection the term ``foreign terrorist organization'' means an 
organization designated as a terrorist organization under section 219 
of the Immigration and Nationality Act.
    (i) Middle East Foundation.--Funds appropriated by this Act and 
prior Acts for a Middle East Foundation shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (j) Contingencies.--During fiscal year 2010, the President may use 
up to $75,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding any other provision of law.
    (k) Democracy Promotion.--
            (1) Funds made available by this Act that are made 
        available for the promotion of democracy may be made available 
        notwithstanding any other provision of law, and with regard to 
        the National Endowment for Democracy, any regulation.
            (2) For the purposes of funds appropriated by this Act, the 
        term ``promotion of democracy'' means programs that support 
        good governance, human rights, independent media, and the rule 
        of law, and otherwise strengthen the capacity of democratic 
        political parties, governments, nongovernmental organizations 
        and institutions, and citizens to support the development of 
        democratic states, institutions, and practices that are 
        responsive and accountable to citizens.
            (3) Any contract, grant, or cooperative agreement (or any 
        amendment to any contract, grant or cooperative agreement) in 
        excess of $1,000,000 of funds under the heading ``Democracy 
        Fund'', and in excess of $2,500,000 under other headings in 
        this Act for the promotion of democracy, with the exception of 
        programs and activities of the National Endowment for 
        Democracy, shall be subject to the regular notification 
        procedures of the Committees on Appropriations.
            (4) With respect to the provision of assistance for 
        democracy, human rights and governance activities in this Act, 
        the organizations implementing such assistance and the specific 
        nature of that assistance shall not be subject to the prior 
        approval by the government of any foreign country.
    (l) Personnel.--The terms and conditions of section 1113 of Public 
Law 111-32 shall apply to this Act.
    (m) Partner Vetting.--No further action to finalize or implement a 
Partner Vetting System (PVS) shall be taken by the Secretary of State 
or the Administrator of the United States Agency for International 
Development (USAID) until a new USAID Administrator has been confirmed 
and has undertaken a comprehensive review of the scope, methodology and 
effect of PVS, including consultation with affected organizations, the 
Committees on Appropriations and Foreign Relations of the Senate and 
the Committees on Appropriations and Foreign Affairs of the House of 
Representatives.
    (n) Spending Plans.--The Secretary of State shall submit to the 
Committees on Appropriations not later than 45 days after enactment of 
this Act, and prior to the initial obligation of funds for assistance 
for Afghanistan, Pakistan, and Iraq, detailed spending plans for funds 
appropriated for such purposes.
    (o) Congressional Budget Justification Documents.--None of the 
funds appropriated by this Act or any prior Acts making appropriations 
for the Department of State, foreign operations, and related programs 
may be obligated or expended by the Secretary of State or the 
Administrator of the United States Agency for International Development 
(USAID) to compile, produce, or publish any congressional budget 
justification documents for fiscal year 2011 until the Secretary of 
State and the USAID Administrator have consulted with the Committees of 
Appropriations regarding the purpose, format, and content of such 
documents.
    (p) Technical Correction.--
            (1) In general.--Section 67 of the Bretton Woods Agreements 
        Act, as added by section 1402 of the Supplemental 
        Appropriations Act, 2009, is amended by striking ``resolution 
        numbered 54-4'' and inserting ``resolution numbered 52-4''.
            (2) Effective date.--The amendment made by subsection (a) 
        shall take effect as if included in the enactment of section 
        1402 of Public Law 111-32.
    (q) Consolidation of Reports.--
            (1) The Secretary of State may, notwithstanding any other 
        provision of law and following consultation with the Committees 
        on Appropriations, consolidate or combine reports (including 
        plans and strategies) that are called for by any provision of 
        law to be submitted to the Congress and that are substantially 
        duplicative of others called for by any other provision of law, 
        and may submit a report into which two or more are consolidated 
        by the last in time of the dates otherwise required for 
        submission of the reports being consolidated, except that such 
        date shall be no later than 60 days after the date that the 
        earliest of the reports was due.
            (2) Reports are considered ``substantially duplicative'' if 
        they are required to address at least over half of the same 
        substantive factors, criteria and issues that are required to 
        be addressed by any other report, and any such consolidated 
        report must address all the substantive factors, criteria and 
        issues required to be addressed in each of the individual 
        reports.
            (3) Reports affected by this section are those within the 
        purview of or prepared primarily by the Department of State and 
        the United States Agency for International Development and that 
        relate to matters addressed under this Act, or any Act 
        authorizing or appropriating funds for use by, or actions of, 
        the Department of State and the United States Agency for 
        International Development.

                               near east

    Sec. 7035. (a) Bahrain.--Of the funds appropriated by this Act 
under the heading ``Foreign Military Financing Program'', not less than 
$19,000,000 shall be made available for assistance for Bahrain.
    (b) Egypt.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not less than 
        $1,040,000,000 shall be made available for grants only for 
        Egypt, including for border security programs and activities in 
        the Sinai: Provided,  That the funds appropriated under this 
        heading estimated to be outlayed for Egypt during fiscal year 
        2010 shall be transferred to an interest bearing account for 
        Egypt in the Federal Reserve Bank of New York within 30 days of 
        enactment of this Act.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $250,000,000 shall be 
        made available for assistance for Egypt, which sum shall be 
        provided on a grant basis, and of which sum cash transfer 
        assistance shall be provided with the understanding that Egypt 
        will undertake significant economic and democratic reforms 
        which are additional to those which were undertaken in previous 
        fiscal years: Provided, That not less than $25,000,000 of such 
        funds shall be made available for democracy, human rights and 
        governance programs, and not less than $35,000,000 shall be 
        made available for education programs, of which not less than 
        $10,000,000 is for scholarships for Egyptian students with high 
        financial need.
            (3) Of the funds appropriated by this Act and prior Acts 
        making appropriations for the Department of State, foreign 
        operations and related programs, up to $200,000,000 may be made 
        available for an endowment to further the shared interests of 
        the United States and Egypt: Provided, That the Secretary of 
        State shall consult with the Committees on Appropriations on 
        the establishment of such an endowment.
    (c) Iraq.--
            (1) Of the funds appropriated by this Act under the 
        headings ``Economic Support Fund'' and ``International 
        Narcotics Control and Law Enforcement'', not less than 
        $427,000,000 shall be made available for assistance for Iraq.
            (2) The terms and conditions of section 1106(a) and (b) of 
        Public Law 111-32 shall apply to assistance for Iraq in fiscal 
        year 2010.
            (3) Funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' may be made available 
        for countries in the Middle East region, in addition to amounts 
        otherwise made available, to address urgent border security 
        requirements arising from instability in Iraq if the Secretary 
        certifies to the Committees on Appropriations that it is 
        important to the national security of the United States to do 
        so, and subject to the regular notification procedures of the 
        Committees on Appropriations.
    (d) Israel.--Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'', not less than 
$2,220,000,000 shall be available for grants only for Israel and shall 
be disbursed within 30 days of the enactment of this Act: Provided, 
That to the extent that the Government of Israel requests that funds be 
used for such purposes, grants made available for Israel by this 
paragraph shall, as agreed by the United States and Israel, be 
available for advanced weapons systems, of which not less than 
$583,860,000 shall be available for the procurement in Israel of 
defense articles and defense services, including research and 
development.
    (e) Jordan.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $363,000,000 shall be 
        made available for assistance for Jordan.
            (2) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not less than 
        $150,000,000 shall be made available for assistance for Jordan.
    (f) Lebanon.--
            (1) Of the Funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $109,000,000 shall be 
        made available for assistance for Lebanon, of which not less 
        than $10,000,000 shall be made available for educational 
        scholarships for students in Lebanon with high financial need.
            (2) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not less than 
        $100,000,000 shall be made available for assistance for 
        Lebanon.
    (g) Middle East Peace.--Funds appropriated by this Act should be 
made available in a manner to further peace in the Middle East between 
Israelis and Palestinians.
    (h) Near East Regional Democracy.--Of the funds appropriated by 
this Act that are made available for Near East Regional Democracy, not 
less than $30,000,000 shall be made available to expand access to 
information and communications through the Internet, and shall be used 
for scalable, field tested programs that provide unmonitored and 
uncensored access to the Internet, including access to real time, 
inter-active modes of communication, for large numbers of users living 
in closed societies that have acutely hostile Internet environments.
    (i) West Bank and Gaza.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $400,400,000 may be 
        made available for assistance for the West Bank and Gaza, of 
        which not to exceed $2,000,000 may be made available for 
        administrative expenses of the United States Agency for 
        International Development, in addition to funds otherwise made 
        available for such purposes.
            (2) Of the funds appropriated by this Act under the heading 
        ``International Narcotics Control and Law Enforcement'', not 
        less than $100,000,000 shall be made available for the West 
        Bank.
            (3) The terms and conditions of sections 7035, 7036, 7037, 
        7038, 7039, and 7040 of Public Law 111-8, and section 1107 of 
        Public Law 111-32, shall apply to assistance appropriated by 
        this Act.

                           western hemisphere

    Sec. 7045. (a) Trade Capacity.--Of the funds appropriated by this 
Act, not less than $300,149,000 should be made available for trade 
capacity building, of which not less than $25,000,000 shall be made 
available for labor and environmental capacity building activities 
relating to free trade agreements with countries in Latin America and 
the Caribbean.
    (b) Assistance for Haiti.--
            (1) The Government of Haiti shall be eligible to purchase 
        defense articles and services under the Arms Export Control Act 
        (22 U.S.C. 2751 et seq.), for the Coast Guard.
            (2) Of the funds appropriated by this Act under titles III 
        and IV, not less than $282,393,000 shall be made available for 
        assistance for Haiti.
            (3) None of the funds made available by this Act under the 
        heading ``International Narcotics Control and Law Enforcement'' 
        may be used to transfer excess weapons, ammunition or other 
        lethal property of an agency of the United States Government to 
        the Government of Haiti for use by the Haitian National Police 
        until the Secretary of State reports to the Committees on 
        Appropriations that any members of the Haitian National Police 
        who have been credibly alleged to have committed serious 
        crimes, including drug trafficking and violations of 
        internationally recognized human rights, have been suspended.
    (c) Assistance for Guatemala.--
            (1) Of the funds appropriated by this Act under the heading 
        ``International Narcotics Control and Law Enforcement'', not 
        less than $5,000,000 shall be made available for a United 
        States contribution to the International Commission Against 
        Impunity in Guatemala (CICIG), and not less than $2,000,000 
        shall be made available to support the Police Criminal 
        Investigation Division's Human Rights Unit and the Ministry of 
        Interior's Institute For Attacks Against Human Rights 
        Defenders.
            (2) Funds appropriated by this Act under the heading 
        ``International Military Education and Training'' (IMET) that 
        are available for assistance for Guatemala, other than for 
        expanded IMET, may be made available only for the Guatemalan 
        Air Force, Navy and Army Corps of Engineers: Provided, That 
        assistance for the Army Corps of Engineers shall only be 
        available for training to improve disaster response 
        capabilities and to participate in international peacekeeping 
        operations: Provided further, That such funds may be made 
        available only if the Secretary of State certifies that the Air 
        Force, Navy and Army Corps of Engineers are respecting 
        internationally recognized human rights and cooperating with 
        civilian judicial investigations and prosecutions of current 
        and retired military personnel who have been credibly alleged 
        to have committed violations of such rights, and with the CICIG 
        by granting access to CICIG personnel, providing evidence to 
        CICIG, and allowing witness testimony.
            (3) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not more than $850,000 
        may be made available for the Guatemalan Air Force, Navy and 
        Army Corps of Engineers: Provided, That assistance for the Army 
        Corps of Engineers shall only be available for training to 
        improve disaster response capabilities and to participate in 
        international peacekeeping operations: Provided further, That 
        such funds may be made available only if the Secretary of State 
        certifies that the Air Force, Navy and Army Corps of Engineers 
        are respecting internationally recognized human rights and 
        cooperating with civilian judicial investigations and 
        prosecutions of current and retired military personnel who have 
        been credibly alleged to have committed violations of such 
        rights, including preserving and providing to the Attorney 
        General's office all military archives pertaining to the 
        internal armed conflict, and cooperating with the CICIG by 
        granting access to CICIG personnel, providing evidence to 
        CICIG, and allowing witness testimony.
    (d) Assistance for Mexico.--
            (1) Assistance.--Of the funds appropriated by this Act 
        under the headings ``International Narcotics Control and Law 
        Enforcement'' and ``Economic Support Fund'', not more than 
        $115,000,000 may be made available for assistance for Mexico, 
        only to combat drug trafficking and related violence and 
        organized crime, and for judicial reform, institution building, 
        anti-corruption, and rule of law activities, of which not less 
        than $35,000,000 shall be used for judicial reform, institution 
        building, anti-corruption, and rule of law activities: 
        Provided, That none of the funds made available under this 
        section shall be made available for budget support or as cash 
        payments.
            (2) Applicability of fiscal year 2009 provisions.--The 
        provisions of paragraphs (1) through (3) of section 7045(e) of 
        the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2009 (division H of Public Law 
        111-8) shall apply to funds appropriated or otherwise made 
        available by this Act for assistance for Mexico to the same 
        extent and in the same manner as such provisions of law applied 
        to funds appropriated or otherwise made available by such other 
        Act for assistance for Mexico.
            (3) Funds appropriated under the heading ``International 
        Narcotics Control and Law Enforcement'' that are available for 
        assistance for Mexico may be made available for the procurement 
        of law enforcement communications equipment if such equipment 
        utilizes encryption technology, open standards and is 
        compatible with and capable of operating with radio 
        communications systems and related equipment utilized by 
        Federal law enforcement agencies in the United States to 
        enhance border security and cooperation in law enforcement 
        efforts between Mexico and the United States.
    (e) Assistance for the Countries of Central America.--
            (1) Assistance.--Of the funds appropriated by this Act 
        under the headings ``International Narcotics Control and Law 
        Enforcement'' and ``Foreign Military Financing Program'', not 
        to exceed $75,000,000 may be made available for assistance for 
        the countries of Central America only to combat drug 
        trafficking and related violence and organized crime, and for 
        judicial reform, institution building, anti-corruption, rule of 
        law activities, and maritime security, of which not less than 
        $25,000,000 shall be used for judicial reform, institution 
        building, anti-corruption, and rule of law activities: 
        Provided, That of the funds appropriated under the heading 
        ``Economic Support Fund'', $15,000,000 shall be made available 
        through the United States Agency for International Development 
        for continued support of an Economic and Social Development 
        Fund for Central America: Provided further, That none of the 
        funds made available under this section shall be made available 
        for budget support or as cash payments.
            (2) Applicability of fiscal year 2009 provisions.--The 
        provisions of paragraphs (1) through (4) of section 7045(f) of 
        the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2009 (division H of Public Law 
        111-8) shall apply to funds appropriated or otherwise made 
        available by this Act for assistance for the countries of 
        Central America to the same extent and in the same manner as 
        such provisions of law applied to funds appropriated or 
        otherwise made available by such other Act for assistance for 
        the countries of Central America.
            (3) Definition.--For the purposes of this section, 
        ``countries of Central America'' means Belize, Costa Rica, El 
        Salvador, Guatemala, Honduras, Nicaragua, and Panama.
    (f) Aircraft Operations and Maintenance.--To the maximum extent 
practicable, the costs of operations and maintenance, including fuel, 
of aircraft funded by this Act should be borne by the recipient 
country.
    (g) Pilot Project.--Of the funds appropriated by this Act under the 
heading ``Diplomatic and Consular Programs'', up to $100,000 shall be 
made available for a pilot project to be conducted by the Department of 
State, in consultation with the Department of Homeland Security, to 
study the use of passport cards as proof of identify and citizenship 
for the purposes of international travel by nationals of the United 
States at selected air ports of entry between the United States and 
Canada: Provided, That such pilot project shall begin no earlier than 
January 1, 2010, and only following consultation with the Committees on 
Appropriations, and shall end no earlier than December 31, 2010: 
Provided further, That not later than June 30, 2011, the Secretary of 
State, in consultation with the Secretary of Homeland Security, shall 
submit a report to the Committees on Appropriations on the result of 
such pilot project, including any security, infrastructure, cost, 
diplomatic, or other issues that may have arisen during the conduct of 
the project, and the feasibility of extending the project to other air 
ports of entry between the United States and Canada, and between the 
United States and Mexico.

                                colombia

    Sec. 7046. (a) Assistance.--Of the funds appropriated under the 
headings ``Economic Support Fund'', ``International Narcotics Control 
and Law Enforcement'', ``International Military Education and 
Training'', and ``Foreign Military Financing Program'' in this Act, not 
more than $503,000,000 shall be made available for assistance for 
Colombia.
    Funds appropriated by this Act and made available to the Department 
of State for assistance to the Government of Colombia may be used to 
support a unified campaign against narcotics trafficking and 
organizations designated as Foreign Terrorist Organizations and 
successor organizations, and to take actions to protect human health 
and welfare in emergency circumstances, including undertaking rescue 
operations: Provided, That assistance made available in prior Acts for 
the Government of Colombia to protect the Cano-Limon pipeline may also 
be used for purposes for which funds are made available under the 
heading ``International Narcotics Control and Law Enforcement'' in this 
Act: Provided further, That no United States Armed Forces personnel or 
United States civilian contractor employed by the United States will 
participate in any combat operation in connection with assistance made 
available by this Act for Colombia: Provided further, That rotary and 
fixed wing aircraft supported with funds appropriated under the heading 
``International Narcotics Control and Law Enforcement'' for assistance 
for Colombia may be used for aerial or manual drug eradication and 
interdiction including to transport personnel and supplies and to 
provide security for such operations, and to provide transport in 
support of alternative development programs and investigations of cases 
under the jurisdiction of the Attorney General, the Procuraduria 
General de la Nacion, and the Defensoria del Pueblo: Provided further, 
That the President shall ensure that if any helicopter procured with 
funds in this Act or prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, is used 
to aid or abet the operations of any illegal self-defense group, 
paramilitary organization, illegal security cooperative or successor 
organizations in Colombia, such helicopter shall be immediately 
returned to the United States: Provided further, That none of the funds 
appropriated by this Act or prior Acts making appropriations for the 
Department of State, foreign operations, and related programs may be 
made available for assistance for the Departamento Administrativo de 
Seguridad (DAS) of Colombia if the Secretary of State has credible 
evidence that the DAS is engaging in illegal phone tapping, email 
interception, threats, or other illegal surveillance or actions 
directed at members of civil society organizations, opposition 
political parties, judges, journalists, or other persons or 
organizations.
    Of the funds available under the heading ``International Narcotics 
Control and Law Enforcement'' for the procurement of chemicals for 
aerial coca and poppy eradication programs, not more than 20 percent of 
such funds may be made available for such eradication programs unless 
the Secretary of State certifies to the Committees on Appropriations 
that: (1) the herbicide is being used in accordance with Environmental 
Protection Agency label requirements for comparable use in the United 
States and with Colombian laws; and (2) the herbicide, in the manner it 
is being used, does not pose unreasonable risks or adverse effects to 
humans or the environment, including endemic species: Provided, That 
such funds may not be made available unless the Secretary of State 
certifies to the Committees on Appropriations that any complaints of 
harm to health or licit crops caused by such aerial eradication are 
thoroughly investigated and fair compensation is being paid in a timely 
manner for meritorious claims: Provided further, That such funds may 
not be made available for such purposes unless programs are made 
available by the United States Agency for International Development, 
the Government of Colombia, or other organizations, in consultation and 
coordination with local communities, to provide alternative sources of 
income in areas where security permits for small-acreage growers and 
communities whose illicit crops are targeted for aerial eradication: 
Provided further, That none of the funds appropriated by this Act for 
assistance for Colombia shall be made available for the cultivation or 
processing of African oil palm, if doing so would contribute to 
significant loss of native species, disrupt or contaminate natural 
water sources, reduce local food security, or cause the forced 
displacement of local people: Provided further, That funds appropriated 
by this Act may not be used for aerial eradication in Colombia's 
national parks or reserves unless the Secretary of State certifies to 
the Committees on Appropriations on a case-by-case basis that there are 
no effective alternatives and the eradication is conducted in 
accordance with Colombian laws.
    (b) Applicability of Fiscal Year 2009 Provisions.--
            (1) In general.--Except as provided in paragraph (2), the 
        provisions of subsections (b) through (f) of section 7046 of 
        the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act, 2009 (division H of Public Law 
        111-8) shall apply to funds appropriated or otherwise made 
        available by this Act for assistance for Colombia to the same 
        extent and in the same manner as such provisions of law applied 
        to funds appropriated or otherwise made available by such other 
        Act for assistance for Colombia.
            (2) Exceptions.--The following provisions of section 7046 
        of the Department of State, Foreign Operations, and Related 
        Programs Appropriations Act of 2009 are amended as follows and 
        shall apply to funds appropriated or otherwise made available 
        by this Act for assistance for Colombia as follows:
                    (A) Subsection (b)(1)(B) is amended by striking 
                clause (iv) and inserting the following:
                            ``(iv) That the Government of Colombia is 
                        respecting the rights of human rights 
                        defenders, journalists, trade unionists, 
                        political opposition and religious leaders, and 
                        indigenous and Afro-Colombian communities, and 
                        the Colombian Armed Forces are implementing 
                        strict procedures to distinguish between 
                        civilians, including displaced persons, and 
                        combatants in their operations.''.
                    (B) Subsection (b)(2) is amended by striking ``July 
                31, 2009'' and inserting ``July 31, 2010''.
                    (C) Subsection (b)(3) is amended by striking 
                ``Andean Counterdrug Programs'' and inserting 
                ``Intentional Narcotics Control and Law Enforcement''.
                    (D) Subsection (c) is amended by striking 
                ``September 30, 2009'' and inserting ``September 30, 
                2010''.
                    (E) Subsection (d)(1) is amended--
                            (i) by striking ``$16,760,000'' and 
                        inserting ``$18,606,000'', and
                            (ii) by striking ``fiscal year 2009'' and 
                        inserting ``fiscal year 2010''.

                   community-based police assistance

    Sec. 7047. (a) Authority.--Funds made available by titles III and 
IV of this Act to carry out the provisions of chapter 1 of part I and 
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may 
be used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority through 
training and technical assistance in human rights, the rule of law, 
anti-corruption, strategic planning, and through assistance to foster 
civilian police roles that support democratic governance including 
assistance for programs to prevent conflict, respond to disasters, 
address gender-based violence, and foster improved police relations 
with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall 
be subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.

           prohibition of payments to united nations members

    Sec. 7048.  None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for carrying out the 
Foreign Assistance Act of 1961, may be used to pay in whole or in part 
any assessments, arrearages, or dues of any member of the United 
Nations or, from funds appropriated by this Act to carry out chapter 1 
of part I of the Foreign Assistance Act of 1961, the costs for 
participation of another country's delegation at international 
conferences held under the auspices of multilateral or international 
organizations.

                     war crimes tribunals drawdown

    Sec. 7049.  If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the President may direct 
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 
1961 of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof: Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c): Provided further, That funds 
made available pursuant to this section shall be made available subject 
to the regular notification procedures of the Committees on 
Appropriations.

                         peacekeeping missions

    Sec. 7050.  None of the funds made available under title I of this 
Act may be used for any United Nations activity when it is made known 
to the Federal official having authority to obligate or expend such 
funds that: (1) the United Nations activity is a peacekeeping mission; 
(2) such activity will involve United States Armed Forces under the 
command or operational control of a foreign national; and (3) the 
President's military advisors have not submitted to the President a 
recommendation that such involvement is in the national interests of 
the United States and the President has not submitted to the Congress 
such a recommendation.

                        peacekeeping assessment

    Sec. 7051.  Section 404(b)(2)(B) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is 
amended by adding the following:
    ``(v) For assessments made during calendar years 2010 and 2011, 
27.1 percent.''.

                   aircraft management and oversight

    Sec. 7052. (a) Management and Oversight.--Notwithstanding any other 
provision of law or regulation, the management and oversight of 
aircraft procured or leased by the Department of State shall be the 
responsibility of the Under Secretary of State for Management, in 
consultation with the Assistant Secretary for International Narcotics 
and Law Enforcement Affairs.
    (b) Transfer Authority.--
            (1) Notwithstanding any other provision of law or 
        regulation, aircraft procured by funds appropriated by this Act 
        and prior Acts making appropriations for the Department of 
        State, foreign operations and related programs under the 
        headings ``Diplomatic and Consular Programs'', ``International 
        Narcotics Control and Law Enforcement'', and ``Foreign Military 
        Financing Program'' may be used for any other program and in 
        any region, including for use under the Civilian Stabilization 
        Initiative, regardless of the original purposes for which the 
        aircraft was initially purchased or leased.
            (2) The transfer authority contained in subsection (b)(1) 
        shall be subject to the regular notification procedures of the 
        Committees on Appropriations.
    (c) Chief of Mission Authority.--The uses of aircraft purchased or 
leased by the Department of State and the United States Agency for 
International Development (USAID) with funds provided in this Act or 
prior acts making appropriations for the Department of State, foreign 
operations and related programs shall be coordinated under the 
authority of the appropriate Chief of Mission.
    (d) Reporting Requirement.--Not later than September 30, 2010, the 
Secretary of State, in consultation with the USAID Administrator, shall 
submit a report to the Committees on Appropriations detailing the total 
inventory of aircraft procured, leased, or contracted by the Department 
of State and USAID, the contractors operating such aircraft, and the 
annual cost of such contracts.

                attendance at international conferences

    Sec. 7053.  None of the funds made available in this Act may be 
used to send or otherwise pay for the attendance of more than 50 
employees of agencies or departments of the United States Government 
who are stationed in the United States, at any single international 
conference occurring outside the United States, unless the Secretary of 
State reports to the Committees on Appropriations that such attendance 
is in the national interest: Provided, That for purposes of this 
section the term ``international conference'' shall mean a conference 
attended by representatives of the United States Government and of 
foreign governments, international organizations, or nongovernmental 
organizations.

               restrictions on united nations delegations

    Sec. 7054.  None of the funds made available under title I of this 
Act may be used to pay expenses for any United States delegation to any 
specialized agency, body, or commission of the United Nations if such 
commission is chaired or presided over by a country, the government of 
which the Secretary of State has determined, for purposes of section 
6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)), supports international terrorism.

   parking fines and real property taxes owed by foreign governments

    Sec. 7055. (a) Subject to subsection (c), of the funds appropriated 
under titles III through VI by this Act that are made available for 
assistance for a foreign country, an amount equal to 110 percent of the 
total amount of the unpaid fully adjudicated parking fines and 
penalties and unpaid property taxes owed by the central government of 
such country shall be withheld from obligation for assistance for the 
central government of such country until the Secretary of State submits 
a certification to the Committees on Appropriations stating that such 
parking fines and penalties and unpaid property taxes are fully paid.
    (b) Funds withheld from obligation pursuant to subsection (a) may 
be made available for other programs or activities funded by this Act, 
after consultation with and subject to the regular notification 
procedures of the Committees on Appropriations, provided that no such 
funds shall be made available for assistance for the central government 
of a foreign country that has not paid the total amount of the fully 
adjudicated parking fines and penalties and unpaid property taxes owed 
by such country.
    (c) Subsection (a) shall not include amounts that have been 
withheld under any other provision of law.
    (d)(1) The Secretary of State may waive the requirements set forth 
in subsection (a) with respect to parking fines and penalties no sooner 
than 60 days from the date of enactment of this Act, or at any time 
with respect to a particular country, if the Secretary determines that 
it is in the national interests of the United States to do so.
    (2) The Secretary of State may waive the requirements set forth in 
subsection (a) with respect to the unpaid property taxes if the 
Secretary of State determines that it is in the national interests of 
the United States to do so.
    (e) Not later than 6 months after the initial exercise of the 
waiver authority in subsection (d), the Secretary of State, after 
consultations with the City of New York, shall submit a report to the 
Committees on Appropriations describing a strategy, including a 
timetable and steps currently being taken, to collect the parking fines 
and penalties and unpaid property taxes and interest owed by nations 
receiving foreign assistance under this Act.
    (f) In this section:
            (1) The term ``fully adjudicated'' includes circumstances 
        in which the person to whom the vehicle is registered--
                    (A)(i) has not responded to the parking violation 
                summons; or
                    (ii) has not followed the appropriate adjudication 
                procedure to challenge the summons; and
                    (B) the period of time for payment of or challenge 
                to the summons has lapsed.
            (2) The term ``parking fines and penalties'' means parking 
        fines and penalties--
                    (A) owed to--
                            (i) the District of Columbia; or
                            (ii) New York, New York; and
                    (B) incurred during the period April 1, 1997, 
                through September 30, 2009.
            (3) The term ``unpaid property taxes'' means the amount of 
        unpaid taxes and interest determined to be owed by a foreign 
        country on real property in the District of Columbia or New 
        York, New York in a court order or judgment entered against 
        such country by a court of the United States or any State or 
        subdivision thereof.

                    landmines and cluster munitions

    Sec. 7056. (a) Landmines.--Notwithstanding any other provision of 
law, demining equipment available to the United States Agency for 
International Development and the Department of State and used in 
support of the clearance of landmines and unexploded ordnance for 
humanitarian purposes may be disposed of on a grant basis in foreign 
countries, subject to such terms and conditions as the President may 
prescribe.
    (b) Cluster Munitions.--No military assistance shall be furnished 
for cluster munitions, no defense 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, after 
        arming, do not result in more than 1 percent unexploded 
        ordnance across the range of intended operational environments; 
        and
            (2) the agreement applicable to the assistance, transfer, 
        or sale of such cluster munitions or cluster munitions 
        technology specifies that the cluster munitions will only be 
        used against clearly defined military targets and will not be 
        used where civilians are known to be present or in areas 
        normally inhabited by civilians.

                    millennium challenge corporation

    Sec. 7057. (a) The Chief Executive Officer of the Millennium 
Challenge Corporation shall, not later than 45 days after enactment of 
this Act, submit to the Committee on Appropriations a report on the 
proposed uses, on a country-by-country basis, of all funds appropriated 
under the heading ``Millennium Challenge Corporation'' in this Act or 
prior Acts making appropriations for the Department of State, foreign 
operations, and related programs projected to be obligated and expended 
in fiscal year 2010 and subsequent fiscal years.
    (b) The report required in paragraph (a) shall be updated on a 
semi-annual basis and shall include, at a minimum, a description of--
            (1) compacts in development, including the status of 
        negotiations and the approximate range of value of the proposed 
        compact;
            (2) compacts in implementation, including the projected 
        expenditure and disbursement of compact funds during fiscal 
        year 2010 and subsequent fiscal years as determined by the 
        country compact;
            (3) threshold country programs in development, including 
        the approximate range of value of the threshold country 
        agreement;
            (4) major programmatic changes to existing compacts funded 
        by this Act or prior Acts making appropriations for the 
        Department of State, foreign operations, and related programs;
            (5) threshold country programs in implementation; and
            (6) use of administrative funds.
    (c) The Chief Executive Officer of the Millennium Challenge 
Corporation shall notify the Committees on Appropriations not later 
than 15 days prior to signing any new country compact or new threshold 
country program; terminating or suspending any country compact or 
threshold country program; or commencing negotiations for any new 
compact or threshold country program.
    (d) None of the funds appropriated by this Act and prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs under the heading ``Millennium Challenge 
Corporation'' may be used for military assistance or military training, 
including for assistance for military or paramilitary purposes and for 
assistance to military forces.
    (e) The terms and conditions of section 1105(c) of Public Law 111-
32 shall apply to funds appropriated by this Act under the heading 
``Millennium Challenge Corporation''.

                    limitation on residence expenses

    Sec. 7058.  Of the funds appropriated or made available pursuant to 
title II 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 assure that, to the maximum extent possible, 
United States-owned foreign currencies are utilized in lieu of dollars.

     united states agency for international development management

                     (including transfer of funds)

    Sec. 7059. (a) Authority.--Up to $81,000,000 of the funds made 
available in title III of this Act to carry out the provisions of part 
I of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
may be used by the United States Agency for International Development 
(USAID) to hire and employ individuals in the United States and 
overseas on a limited appointment basis pursuant to the authority of 
sections 308 and 309 of the Foreign Service Act of 1980.
    (b) Restrictions.--
            (1) The number of individuals hired in any fiscal year 
        pursuant to the authority contained in subsection (a) may not 
        exceed 75.
            (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2011.
    (c) Conditions.--The authority of subsection (a) may only be used 
to the extent that an equivalent number of positions that are filled by 
personal services contractors or other non-direct hire employees of 
USAID, who are compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
are eliminated.
    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on enabling USAID to meet personnel 
positions in technical skill areas currently encumbered by contractor 
or other non-direct hire personnel.
    (e) Consultations.--The USAID Administrator shall consult with the 
Committees on Appropriations on a quarterly basis concerning the 
implementation of this section.
    (f) Program Account Charged.--The account charged for the cost of 
an individual hired and employed under the authority of this section 
shall be the account to which such individual's responsibilities 
primarily relate: Provided, That funds made available to carry out this 
section may be transferred to, and merged with, funds appropriated by 
this Act in title II under the heading ``Operating Expenses''.
    (g) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980, may be extended for a period of up to 4 
years notwithstanding the limitation set forth in such section.
    (h) Junior Officer Placement Authority.--Of the funds made 
available in subsection (a), USAID may use, in addition to funds 
otherwise available for such purposes, up to $15,000,000 to fund 
overseas support costs of members of the Foreign Service with a Foreign 
Service rank of four or below: Provided, That such authority is only 
used to reduce USAID's reliance on overseas personal services 
contractors or other non-direct hire employees compensated with funds 
appropriated to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia''.
    (i) Disaster Surge Capacity.--Funds appropriated under title III of 
this Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'', may be used, in addition to funds otherwise 
available for such purposes, for the cost (including the support costs) 
of individuals detailed to or employed by USAID whose primary 
responsibility is to carry out programs in response to natural 
disasters.
    (j) Technical Advisors.--Up to $13,500,000 of the funds made 
available by this Act in title III for assistance under the heading 
``Global Health and Child Survival'', may be used to reimburse United 
States Government agencies, agencies of State governments, institutions 
of higher learning, and private and voluntary organizations 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, USAID 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 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.
    (k) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by USAID to 
employ up to 25 personal services contractors in the United States, 
notwithstanding any other provision of law, for the purpose of 
providing direct, interim support for new or expanded overseas programs 
and activities managed by the agency until permanent direct hire 
personnel are hired and trained: Provided, That not more than 10 of 
such contractors shall be assigned to any bureau or office, and not 
more than 15 percent of such contractors shall be for USAID's 
Afghanistan program: Provided further, That such funds appropriated to 
carry out title II of the Agricultural Trade Development and Assistance 
Act of 1954, may be made available only for personal services 
contractors assigned to the Office of Food for Peace.
    (l) Recruitment Strategy.--Funds made available under the heading 
``Operating Expenses'' in title II of this Act may be made available to 
implement the strategy described in section 7059(1) of Public Law 111-
8, subject to the regular notification procedures of the Committees on 
Appropriations.
    (m) Locally Employed Staff.--Of the funds appropriated under title 
II of this Act, up to $1,000,000, in addition to funds otherwise made 
available for such purposes, may be made available for special 
compensation for overseas, locally employed staff: Provided,  That not 
later than 90 days after enactment of this Act the USAID Administrator 
shall consult with the Committees on Appropriations on proposed 
guidelines for special compensation of overseas, locally employed 
staff, including for loss of life while on duty.

                        global health activities

    Sec. 7060.  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 notwithstanding any other provision of law except for 
the provisions under the heading ``Global Health and Child Survival'' 
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, That of the funds appropriated under title III of 
this Act, not less than $628,457,000 should be made available for 
family planning/reproductive health, including in areas where 
population growth threatens biodiversity or endangered species or 
exacerbates human vulnerability to the effects of climate change.

                       development grants program

    Sec. 7061.  Of the funds appropriated by this Act under the heading 
``Development Assistance'', not less than $50,000,000 shall be made 
available for the Development Grants Program established pursuant to 
section 674 of the Department of State, Foreign Operations, and Related 
Programs Appropriations Act, 2008 (division J of Public Law 110-161), 
to support grants of not more than $2,000,000 to small nongovernmental 
organizations: Provided, That funds made available under this section 
are in addition to other funds available for such purposes including 
funds designated by this Act by section 7065.

                          women in development

    Sec. 7062. (a) Programs funded under title III of this Act should 
include, where appropriate, gender considerations in the planning, 
assessment, implementation, monitoring and evaluation of such programs.
    (b) Funds made available under title III of this Act should be made 
available to support programs to enhance economic opportunities for 
poor women in developing countries, including increasing the number and 
capacity of women-owned enterprises, improving property rights for 
women, increasing access to financial services, and improving women's 
ability to participate in the global economy.

                    violence against women and girls

    Sec. 7063.  Funds appropriated under the headings ``Development 
Assistance'' and ``Economic Support Fund'' in this Act shall be made 
available for programs to address sexual and other violence against 
women and girls, and programs and activities funded under titles III 
and IV of this Act that provide training for foreign police, judicial, 
and military officials shall address, where appropriate, such violence.

                               education

    Sec. 7064. (a) Basic Education.--Of the funds appropriated by title 
III of this Act, not less than $800,000,000 should be made available 
for assistance for basic education.
    (b) Higher Education.--Of the funds appropriated by title III of 
this Act, not less than $200,000,000 shall be made available for 
assistance for higher education, of which not less than $25,000,000 
shall be made available for such assistance for Africa including not 
less than $15,000,000 to support partnerships between African and 
United States institutions of higher education.

                        reconciliation programs

    Sec. 7065.  Of the funds appropriated under the headings 
``Development Assistance'' and ``Economic Support Fund'' in this Act, 
$25,000,000 shall be made available for reconciliation programs which 
bring together and facilitate direct communication between individuals 
of different ethnic, religious and political backgrounds from areas of 
civil strife and war, of which $9,000,000 shall be made available for 
such programs in the Middle East: Provided, That the Administrator of 
the United States Agency for International Development shall consult 
with the Committees on Appropriations, prior to the initial obligation 
of funds, on the most effective uses of such funds.

                   comprehensive expenditures report

    Sec. 7066.  Not later than 180 days after the date of enactment of 
this Act, the Secretary of State shall submit a report to the 
Committees on Appropriations detailing the total amount of United 
States Government expenditures in fiscal years 2008 and 2009, by 
Federal agency, for assistance programs and activities in each foreign 
country, identifying the line item as presented in the President's 
Budget Appendix and the purpose for which the funds were provided: 
Provided, That if required, information may be submitted in classified 
form.

                         requests for documents

    Sec. 7067.  None of the funds appropriated or made available 
pursuant to titles III through VI of this Act shall be available to a 
nongovernmental organization, including any contractor, which fails to 
provide upon timely request any document, file, or record necessary to 
the auditing requirements of the United States Agency for International 
Development.

                     senior policy operating group

    Sec. 7068. (a) The Senior Policy Operating Group on Trafficking in 
Persons, established under section 105(f) of the Victims of Trafficking 
and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate 
agency activities regarding policies (including grants and grant 
policies) involving the international trafficking in persons, shall 
coordinate all such policies related to the activities of traffickers 
and victims of severe forms of trafficking.
    (b) None of the funds provided under title I of this or any other 
Act making appropriations for the Department of State, foreign 
operations, and related programs shall be expended to perform functions 
that duplicate coordinating responsibilities of the Operating Group.
    (c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 105(f).

                         locally employed staff

    Sec. 7069. (a) Salary and Compensation.--Notwithstanding any other 
provision of law, of the funds appropriated by this Act under the 
heading ``Diplomatic and Consular Programs'', not less than 
$695,000,000 should be made available for salary and compensation 
(including awards and special benefits) for overseas, locally employed 
staff of the Department of State, to remain available until expended.
    (b) Review.--Not later than 180 days after enactment of this Act, 
the Secretary of State shall review salary and compensation guidelines 
for overseas, locally employed staff of the Department of State, and 
not less than every 5 years thereafter, and shall establish a 
comprehensive database for salary and compensation information for such 
staff, as recommended in the Office of Inspector General Report Number 
ISP-I-09-44, April 2009.
    (c) Guidelines.--Not later than 90 days after enactment of this 
Act, the Secretary of State shall consult with the Committees on 
Appropriations on proposed guidelines for awards and compensation of 
overseas, locally employed staff of the Department of State, including 
for loss of life while on duty.
    (d) Definition.--For the purposes of this section, locally employed 
staff shall mean employees compensated under local compensation plans 
established under section 408 of the Foreign Service Act of 1980 (22 
U.S.C. 3968).

                                 africa

    Sec. 7070. (a) Counterterrorism Programs.--Funds appropriated by 
this Act under the headings ``Development Assistance'', ``Economic 
Support Fund'', ``International Narcotics Control and Law 
Enforcement'', ``Nonproliferation, Anti-terrorism, Demining, and 
Related Programs'', and ``Peacekeeping Operations'' shall be made 
available as follows:
            (1) Not less than $24,735,000 shall be made available for 
        the East Africa Regional Strategic Initiative;
            (2) Not less than $3,600,000 shall be made available for 
        Africa Conflict Stabilization and Border Security;
            (3) Not less than $85,000,000 shall be made available for 
        Trans-Sahara Counterterrorism Partnership;
            (4) Not less than $10,000,000 shall be made available for a 
        Horn of Africa and Pan Sahel Program, in addition to funds 
        otherwise made available for such purposes, to be administered 
        by the United States Agency for International Development; and
            (5) Except as provided for by this subsection, funds made 
        available pursuant to this subsection shall be made available 
        notwithstanding any funding directives in this Act.
    (b) Ethiopia.--Funds appropriated by this Act under the heading 
``Foreign Military Financing Program'' that are available for 
assistance for Ethiopia may be made available if the Secretary of 
State--
            (1) submits a report to the Committees on Appropriations 
        detailing the nature of United States training and equipment 
        provided to the Ethiopian army including steps being taken to 
        ensure that such training and equipment is not provided to 
        Ethiopian army units or personnel with records of violations of 
        internationally recognized human rights; and
            (2) certifies that the Government of Ethiopia is making 
        substantial progress in guaranteeing the rights of its citizens 
        to peaceful expression, association and assembly, and to 
        document violations of internationally recognized human rights 
        without harassment or criminal penalty.
    (c) Rwanda.--None of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' may be made available 
for assistance for Rwanda if the Secretary of State has credible 
evidence that the Government of Rwanda is providing political, military 
or financial support to armed groups in the Democratic Republic of the 
Congo that have committed violations of internationally recognized 
human rights, including rape, except that funds may be made available 
to improve border controls to prevent the importation of minerals into 
Rwanda by such groups.
    (d) Natural Resource Transparency.--Funds appropriated by this Act 
that are available for assistance for Liberia, Sierra Leone, Nigeria, 
and Cote d'Ivoire shall be made available to promote and support 
transparency and accountability in relation to the extraction of 
timber, oil and gas, cocoa and other natural resources, including by 
strengthening implementation and monitoring of the Extractive 
Industries Transparency Initiative (EITI) and the Kimberley Process 
Certification Scheme, and none of the funds appropriated by this Act 
shall be used to support industrial-scale logging.
    (e) Sudan Limitation on Assistance.--
            (1) Subject to subsection (2):
                    (A) Notwithstanding any other provision of law, 
                none of the funds appropriated by this Act may be made 
                available for assistance for the Government of Sudan.
                    (B) None of the funds appropriated by this Act may 
                be made available for the cost, as defined in section 
                502, of the Congressional Budget Act of 1974, of 
                modifying loans and loan guarantees held by the 
                Government of Sudan, including the cost of selling, 
                reducing, or canceling amounts owed to the United 
                States, and modifying concessional loans, guarantees, 
                and credit agreements.
            (2) Subsection (e)(1) shall not apply if the Secretary of 
        State determines and certifies to the Committees on 
        Appropriations that:
                    (A) The Government of Sudan honors its pledges to 
                cease attacks upon civilians and disarms and 
                demobilizes the Janjaweed and other government-
                supported militias;
                    (B) The Government of Sudan and all government-
                supported militia groups are honoring their commitments 
                made in all previous cease-fire agreements; and
                    (C) The Government of Sudan is allowing unimpeded 
                access to Darfur to humanitarian aid organizations, the 
                human rights investigation and humanitarian teams of 
                the United Nations, including protection officers, and 
                an international monitoring team that is based in 
                Darfur and has the support of the United States.
            (3) The provisions of subsection (e)(1) shall not apply 
        to--
                    (A) humanitarian assistance;
                    (B) assistance for the Darfur region, Southern 
                Sudan, Southern Kordofan/Nuba Mountains State, Blue 
                Nile State, and Abyei; and
                    (C) assistance to support implementation of the 
                Comprehensive Peace Agreement and the Darfur Peace 
                Agreement or any other internationally-recognized 
                viable peace agreement in Sudan.
            (4) For the purposes of this section, the term ``Government 
        of Sudan'' shall not include the Government of Southern Sudan.
            (5) Notwithstanding any other law, assistance in this Act 
        may be made available to the Government of Southern Sudan to 
        provide non-lethal military assistance, military education and 
        training, and defense services controlled under the 
        International Traffic in Arms Regulations (22 CRF 120.1 et 
        seq.) if the Secretary of State--
                    (A) determines that the provision of such items is 
                in the national interest of the United States; and
                    (B) not later than 15 days before the provision of 
                any such assistance, notifies the Committees on 
                Appropriations of such determination.
    (f) Southern Sudan.--Of the funds appropriated by this Act that are 
available for assistance for the Government of Southern Sudan, not more 
than 50 percent may be obligated until the Secretary of State reports 
to the Committees on Appropriations that the government's financial 
accounts have been independently audited and the results are publicly 
accessible, except that funds may be made available to promote and 
support transparency, accountability and anti-corruption efforts in 
relation to the management of revenues from oil and gas.
    (g) Kimberley Process.--Of the funds appropriated under the heading 
``Economic Support Fund'' in this Act, not less than $3,000,000 shall 
be made available to support implementation of the Kimberley Process 
Certification Scheme, including to promote regional efforts to combat 
cross-border smuggling and to support monitoring by civil society 
organizations.
    (h) War Crimes in Africa.--
            (1) The Congress reaffirms its support for the efforts of 
        the International Criminal Tribunal for Rwanda (ICTR) and the 
        Special Court for Sierra Leone (SCSL) to bring to justice 
        individuals responsible for war crimes and crimes against 
        humanity in a timely manner.
            (2) Funds appropriated by this Act, including funds for 
        debt restructuring, may be made available for assistance for 
        the central government of a country in which individuals 
        indicted by ICTR and SCSL are credibly alleged to be living, if 
        the Secretary of State determines and reports to the Committees 
        on Appropriations that such government is cooperating with ICTR 
        and SCSL, including the surrender and transfer of indictees in 
        a timely manner: Provided, That this subsection shall not apply 
        to assistance provided under section 551 of the Foreign 
        Assistance Act of 1961 or to project assistance under title VI 
        of this Act: Provided further, That the United States shall use 
        its voice and vote in the United Nations Security Council to 
        fully support efforts by ICTR and SCSL to bring to justice 
        individuals indicted by such tribunals in a timely manner.
            (3) The prohibition in subsection (2) may be waived on a 
        country-by-country basis if the President determines that doing 
        so is in the national security interest of the United States: 
        Provided, That prior to exercising such waiver authority, the 
        President shall submit a report to the Committees on 
        Appropriations, in classified form if necessary, on--
                    (A) the steps being taken to obtain the cooperation 
                of the government in surrendering the indictee in 
                question to the court of jurisdiction;
                    (B) a strategy, including a timeline, for bringing 
                the indictee before such court; and
                    (C) the justification for exercising the waiver 
                authority.
    (i) Zimbabwe.--
            (1) The Secretary of the Treasury shall instruct the United 
        States executive director to each international financial 
        institution to vote against any extension by the respective 
        institution of any loans to the Government of Zimbabwe, except 
        to meet basic human needs or to promote democracy, unless the 
        Secretary of State determines and reports in writing to the 
        Committees on Appropriations that the rule of law has been 
        restored in Zimbabwe, including respect for ownership and title 
        to property, freedom of speech and association.
            (2) None of the funds appropriated by this Act shall be 
        made available for assistance for the central government of 
        Zimbabwe, except for macroeconomic growth assistance, unless 
        the Secretary of State makes the determination pursuant to 
        subsection (e)(1).

                                  asia

    Sec. 7071. (a) Tibet.--
            (1) The Secretary of the Treasury should instruct the 
        United States executive director to each international 
        financial institution to use the voice and vote of the United 
        States to support projects in Tibet if such projects do not 
        provide incentives for the migration and settlement of non-
        Tibetans into Tibet or facilitate the transfer of ownership of 
        Tibetan land and natural resources to non-Tibetans; are based 
        on a thorough needs-assessment; foster self-sufficiency of the 
        Tibetan people and respect Tibetan culture and traditions; and 
        are subject to effective monitoring.
            (2) Notwithstanding any other provision of law, not less 
        than $7,500,000 of the funds appropriated by this Act under the 
        heading ``Economic Support Fund'' should be made available to 
        nongovernmental organizations to support activities which 
        preserve cultural traditions and promote sustainable 
        development and environmental conservation in Tibetan 
        communities in the Tibetan Autonomous Region and in other 
        Tibetan communities in China.
    (b) Burma.--
            (1) The Secretary of the Treasury shall instruct the United 
        States executive director to each appropriate international 
        financial institution in which the United States participates, 
        to oppose and vote against the extension by such institution of 
        any loan or financial or technical assistance or any other 
        utilization of funds of the respective bank to and for Burma.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $39,850,000 shall be 
        made available for programs and activities in Burma, along the 
        Burma-Thailand border, of Burmese student groups and other 
        organizations located outside Burma, and for humanitarian 
        assistance for displaced Burmese along Burma's borders: 
        Provided, That such funds may be made available notwithstanding 
        any other provision of law, except paragraph (3) of this 
        subsection: Provided further, That in addition to assistance 
        for Burmese refugees provided under the heading ``Migration and 
        Refugee Assistance'' in this Act, not less than $4,000,000 
        shall be made available for community-based organizations 
        operating in Thailand to provide food, medical and other 
        humanitarian assistance to internally displaced persons in 
        eastern Burma: Provided further, That funds made available 
        under this paragraph shall be subject to the regular 
        notification procedures of the Committees on Appropriations.
            (3) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'' for assistance for Burma, priority 
        shall be given to bolstering ongoing activities, and to 
        supporting other agriculture, health, education, microfinance 
        and income-generation activities: Provided, That the Assistant 
        Secretary of State for East Asian and Pacific Affairs shall 
        consult with the Committees on Appropriations prior to the 
        obligation of funds for any new program, project or activity in 
        Burma, or along Burma's borders with Thailand and India: 
        Provided further, That none of the funds appropriated by this 
        Act may be used to support any activity that undermines the 
        authority and standing of the National League for Democracy in 
        Burma.
    (c) Cambodia.--
            (1) Of the funds appropriated by this Act under the 
        headings ``Development Assistance'' and ``Economic Support 
        Fund'' for assistance for Cambodia, priority shall be given to 
        democracy programs, programs to support agriculture and public 
        health, protect forests, and remove unexploded ordnance, and 
        increasing assistance, including core support, for indigenous 
        nongovernmental organizations involved in the promotion and 
        protection of human rights, democracy and the rule of law: 
        Provided, That prior to the obligation of funds appropriated by 
        this Act, the Administrator of the United States Agency for 
        International Development shall submit a report to the 
        Committees on Appropriations detailing a funding strategy for 
        ensuring the viability of civil society in Cambodia.
            (2) Funds made available in this Act for a United States 
        contribution to a Khmer Rouge tribunal may only be made 
        available if the Secretary of State certifies to the Committees 
        on Appropriations that the United Nations and the Government of 
        Cambodia are taking credible steps to address allegations of 
        corruption and mismanagement within the tribunal.
    (d) Indonesia.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not to exceed 
        $20,000,000 shall be made available for assistance for 
        Indonesia, of which $2,000,000 is withheld from obligation 
        until the Secretary of State submits to the Committees on 
        Appropriations the report on Indonesia detailed under such 
        heading in the report accompanying this Act.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'' that are available for assistance for 
        Indonesia, not less than $500,000 should be made available for 
        grants for capacity building of Indonesian human rights 
        organizations, including in Papua.
    (e) Mongolia.--Funds appropriated by this Act under the heading 
``Economic Support Fund'' for assistance for Mongolia shall be made 
available notwithstanding any other provision of law for programs and 
activities that address mutual security interests in the region.
    (f) Nepal.--
            (1) Funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' may be made available 
        for assistance for Nepal if the Secretary of State certifies to 
        the Committees on Appropriations that the Nepali Armed Forces 
        (NAF) are--
                    (A) cooperating fully with investigations and 
                prosecutions by civilian judicial authorities of 
                violations of internationally recognized human rights; 
                and
                    (B) working constructively to redefine the NAF's 
                mission, implement reforms including establishment of a 
                civilian ministry of defense to support budget 
                transparency and accountability, and facilitate the 
                assimilation of former rebel combatants into the NAF 
                consistent with the goals of reconciliation, peace and 
                stability.
            (2) The conditions in paragraph (1) shall not apply to 
        assistance to support the deployment of members of the NAF in 
        international peacekeeping and humanitarian relief and 
        reconstruction operations.
    (g) North Korea.--
            (1) Funds appropriated under the heading ``Migration and 
        Refugee Assistance'' in this Act shall be made available for 
        assistance for refugees from North Korea.
            (2) Of the funds made available under the heading 
        ``International Broadcasting Operations'' in title I of this 
        Act, not less than $8,000,000 shall be made available for 
        broadcasts into North Korea.
            (3) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', $4,000,000 shall be made available 
        for democracy, human rights, and governance programs for North 
        Korea.
            (4) None of the funds made available under the heading 
        ``Economic Support Fund'' may be made available for obligation 
        for energy-related assistance for North Korea unless the 
        Secretary of State determines and reports to the Committees on 
        Appropriations that North Korea is continuing to fulfill its 
        commitments under the Six Party Talks agreements.
            (5) Funds appropriated in this Act and subsequent acts 
        making appropriations for the Department of State, foreign 
        operations, and related programs for energy-related assistance 
        for North Korea shall be reduced by an amount equivalent to the 
        amount the Secretary of State determines the Government of 
        North Korea owes the Government of the United States for the 
        unsupervised distribution of food assistance provided by the 
        United States: Provided, That the withholding required by this 
        paragraph shall continue to apply each fiscal year until the 
        Secretary of State reports to the Committees on Appropriations 
        that the Government of North Korea has verified that such food 
        assistance was provided to eligible recipients as intended, or 
        that North Korea has fully reimbursed the Government of the 
        United States for the costs of such food assistance.
    (h) People's Republic of China.--
            (1) None of the funds appropriated under the heading 
        ``Diplomatic and Consular Programs'' in this Act may be 
        obligated or expended for processing licenses for the export of 
        satellites of United States origin (including commercial 
        satellites and satellite components) to the People's Republic 
        of China unless, at least 15 days in advance, the Committees on 
        Appropriations are notified of such proposed action.
            (2) The terms and requirements of section 620(h) of the 
        Foreign Assistance Act of 1961 shall apply to foreign 
        assistance projects or activities of the People's Liberation 
        Army (PLA) of the People's Republic of China, to include such 
        projects or activities by any entity that is owned or 
        controlled by, or an affiliate of, the PLA: Provided, That none 
        of the funds appropriated or otherwise made available pursuant 
        to this Act may be used to finance any grant, contract, or 
        cooperative agreement with the PLA, or any entity that the 
        Secretary of State has reason to believe is owned or controlled 
        by, or an affiliate of, the PLA.
            (3) Notwithstanding any other provision of law and subject 
        to the regular notification procedures of the Committees on 
        Appropriations, of the funds appropriated by this Act under the 
        heading ``Development Assistance'', not less than $20,000,000 
        shall be made available to United States educational 
        institutions and nongovernmental organizations for programs and 
        activities in the People's Republic of China relating to the 
        environment, governance, the rule of law, and disaster 
        preparedness, and may include regional exchange programs.
    (i) Philippines.--
            (1) Of the funds appropriated by this Act under the 
        headings ``Development Assistance'' and ``Economic Support 
        Fund'', not less than $70,300,000 shall be made available for 
        assistance for the Philippines.
            (2) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'', not to exceed 
        $33,000,000 may be made available for assistance for the 
        Philippines, of which $2,000,000 may not be obligated until the 
        Secretary of State submits to the Committees on Appropriations 
        the report on the Philippines detailed under such heading in 
        the report accompanying this Act.
    (j) Thailand.--Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $2,500,000 shall be 
made available for assistance for development and conflict resolution 
programs in southern Thailand.
    (k) Timor Leste.--Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $2,000,000, in 
addition to funds otherwise made available for such purposes, shall be 
made available for democracy programs and activities in Timor Leste, 
and not less than $1,500,000 shall be made available for higher 
education scholarships.
    (l) Vietnam.--Notwithstanding any other provision of law, funds 
appropriated by this Act under the headings ``Development Assistance'', 
``Economic Support Fund'', and ``Foreign Military Financing Program'' 
may be made available for programs and activities in Vietnam, including 
for technical and other assistance to the Government of Vietnam for the 
purpose of locating and identifying Vietnamese persons missing since 
1975, and not less than $3,000,000 shall be made available for 
continued support for environmental remediation of dioxin contaminated 
sites and related health activities in Vietnam.

                                 serbia

    Sec. 7072. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2010, 
if the President has made the determination and certification contained 
in subsection (c).
    (b) After May 31, 2010, the Secretary of the Treasury should 
instruct the United States executive directors to the international 
financial institutions to support loans and assistance to the 
Government of Serbia subject to the conditions in subsection (c).
    (c) The determination and certification referred to in subsection 
(a) is a determination and a certification by the President to the 
Committees on Appropriations that the Government of Serbia is--
            (1) cooperating with the International Criminal Tribunal 
        for the former Yugoslavia including access for investigators, 
        the provision of documents, timely information on the location, 
        movement, and sources of financial support of indictees, and 
        the surrender and transfer of indictees or assistance in their 
        apprehension, including Ratko Mladic;
            (2) taking steps that are consistent with the Dayton 
        Accords to end Serbian financial, political, security and other 
        support which has served to maintain separate Republika Srpska 
        institutions; and
            (3) taking steps to implement policies which reflect a 
        respect for minority rights and the rule of law.
    (d) This section shall not apply to humanitarian assistance or 
assistance to promote democracy.

             independent states of the former soviet union

    Sec. 7073. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' shall be made 
available for assistance for a government 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: Provided, That such 
funds may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the national 
security interest of the United States.
    (b) Funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'' for the Russian Federation, Armenia, 
Kazakhstan, and Uzbekistan shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (c)(1) Of the funds appropriated under the heading ``Assistance for 
Europe, Eurasia and Central Asia'' that are allocated for assistance 
for the Government of the Russian Federation, 60 percent shall be 
withheld from obligation until the President determines and certifies 
in writing to the Committees on Appropriations that the Government of 
the Russian Federation--
            (A) has terminated implementation of arrangements to 
        provide Iran with technical expertise, training, technology, or 
        equipment necessary to develop a nuclear reactor, related 
        nuclear research facilities or programs, or ballistic missile 
        capability; and
            (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 trafficking 
        in persons; and
            (B) activities authorized under title V (Nonproliferation 
        and Disarmament Programs and Activities) of the FREEDOM Support 
        Act.
    (d) 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 section 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 Investment 
        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.

                  repression in the russian federation

    Sec. 7074. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' in this Act may be 
made available for the Government of the Russian Federation, after 180 
days from the date of the enactment of this Act, unless the Secretary 
of State certifies to the Committees on Appropriations that the 
Government of the Russian Federation:
            (1) has implemented no statute, Executive order, regulation 
        or similar government action that would discriminate, or which 
        has as its principal effect discrimination, against religious 
        groups or religious communities in the Russian Federation in 
        violation of accepted international agreements on human rights 
        and religious freedoms to which the Russian Federation is a 
        party;
            (2) is honoring its international obligations regarding 
        freedom of expression, assembly, and press, as well as due 
        process;
            (3) is investigating and prosecuting law enforcement 
        personnel credibly alleged to have committed human rights 
        abuses against political leaders, activists and journalists; 
        and
            (4) is immediately releasing political leaders, activists 
        and journalists who remain in detention.
    (b) The Secretary of State may waive the requirements of subsection 
(a) if the Secretary determines that to do so is important to the 
national interests of the United States.

                              central asia

    Sec. 7075. (a) Assistance for Kazakhstan.--Funds appropriated by 
this Act may be made available for assistance for the central 
Government of Kazakhstan only if the Secretary of State reports to the 
Committees on Appropriations that the Government of Kazakhstan has made 
significant improvements in the protection of human rights and civil 
liberties during the preceding 6 month period, including by fulfilling 
obligations recommended by the Organization for Security and 
Cooperation in Europe (OSCE) in the areas of election procedures, media 
freedom, freedom of religion, free assembly and minority rights, and by 
meeting the commitments it made in connection with its assumption of 
the Chairmanship of the OSCE in 2010.
    (b) Waiver.--The Secretary of State may waive subsection (a) if the 
Secretary determines and reports to the Committees on Appropriations 
that such a waiver is important to the national security of the United 
States.
    (c) Extractive Industries.--Not later than 90 days after enactment 
of this Act, the Secretary of State shall submit a report to the 
Committees on Appropriations detailing actions by the Government of 
Kazakhstan to implement the Extractive Industries Transparency 
Initiative and other actions to achieve transparency and accountability 
in managing revenues from oil, gas and mining.
    (d) Report.--Not later than October 1, 2010, the Secretary of State 
shall submit a report to the Committees on Appropriations describing 
the following:
            (1) the defense articles, defense services, and financial 
        assistance provided by the United States to the countries of 
        Central Asia during the 12-month period ending 30 days prior to 
        submission of such report; and
            (2) the use during such period of defense articles, defense 
        services, and financial assistance provided by the United 
        States by units of the armed forces, border guards, or other 
        security forces of such countries.
    (e) Assistance for Uzbekistan.--Funds appropriated by this Act may 
be made available for assistance for the central Government of 
Uzbekistan if the Secretary of State determines and reports to the 
Committees on Appropriations that the Government of Uzbekistan is 
making substantial and continuing progress--
            (1) in meeting its commitments under the ``Declaration on 
        the Strategic Partnership and Cooperation Framework Between the 
        Republic of Uzbekistan and the United States of America'', 
        including respect for internationally recognized human rights, 
        establishing a genuine multi-party system, and ensuring free 
        and fair elections, freedom of expression, and the independence 
        of the media; and
            (2) in investigating and prosecuting the individuals 
        responsible for the deliberate killings of civilians in Andijan 
        in May 2005.
    (f) Restriction.--If the Secretary of State has credible evidence 
that any current or former official of the Government of Uzbekistan was 
responsible for the deliberate killings of civilians in Andijan in May 
2005, or for other violations of internationally recognized human 
rights in Uzbekistan, not later than 6 months after enactment of this 
Act any person identified by the Secretary pursuant to this subsection 
shall be ineligible for admission to the United States.
    (g) Limitation on Restriction.--The restriction in subsection (f) 
shall cease to apply if the Secretary determines and reports to the 
Committees on Appropriations that the Government of Uzbekistan has 
taken concrete and measurable steps to improve respect for 
internationally recognized human rights, including allowing peaceful 
political and religious expression, releasing imprisoned human rights 
defenders, and implementing recommendations made by the United Nations 
on torture.
    (h) Waiver.--The Secretary may waive the application of subsection 
(f) if the Secretary determines that admission to the United States is 
necessary to attend the United Nations or to further United States 
diplomatic or law enforcement objectives.
    (i) Assistance Defined.--For the purpose of this section 
``assistance'' shall include excess defense articles.
    (j) Countries Defined.--For purposes of this section, the term 
``countries of Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz 
Republic, Tajikistan, and Turkmenistan.

                              afghanistan

    Sec. 7076. (a) Funding.--Of the funds appropriated by this Act, not 
to exceed $2,761,500,000 should be made available for assistance for 
Afghanistan.
    (b) In General.--Funds appropriated by this Act for assistance for 
Afghanistan shall be made available, to the maximum extent practicable, 
in a manner that utilizes Afghan entities and emphasizes the 
participation and leadership of Afghan women.
    (c) Assistance for Women and Girls.--
            (1) The terms and conditions of section 1102(b)(1) of 
        Public Law 111-32 shall apply to assistance for Afghanistan in 
        fiscal year 2010.
            (2) Of the funds appropriated by this Act for assistance 
        for Afghanistan, not less than $150,000,000 shall be made 
        available to support programs that directly address the needs 
        and protect the rights of Afghan women and girls, including for 
        the Afghan Independent Human Rights Commission, the Afghan 
        Ministry of Women's Affairs, and for women-led nongovernmental 
        organizations, and of which not less than $10,000,000 shall be 
        made available to train and support Afghan women investigators, 
        police officers, prosecutors and judges with responsibility for 
        investigating, prosecuting, and punishing crimes of violence 
        against women and girls, not less than $5,000,000 shall be made 
        available for capacity building for Afghan women-led 
        nongovernmental organizations, and not less than $25,000,000 
        shall be made available to support programs and activities of 
        such organizations, including to provide legal assistance and 
        training for Afghan women and girls about their rights, and to 
        promote women's health (including mental health), education, 
        and leadership.
    (d) Procurement of Afghan Products and Services.--The terms and 
conditions of section 1102(c) of Public Law 111-32 shall apply to 
assistance for Afghanistan in fiscal year 2010.
    (e) Anticorruption.--
            (1) The terms and conditions of section 1102(d) of Public 
        Law 111-32 shall apply to assistance for Afghanistan in fiscal 
        year 2010.
            (2) Of the funds appropriated by this Act under the heading 
        ``International Narcotics Control and Law Enforcement'' that 
        are available for assistance for the Government of Afghanistan, 
        $55,000,000 may not be obligated for such assistance unless the 
        Secretary of State certifies to the Committees on 
        Appropriations that the Government of Afghanistan is 
        cooperating fully with United States efforts against the 
        Taliban and Al Qaeda and to reduce poppy cultivation and 
        illicit drug trafficking: Provided, That the Secretary of State 
        may waive the previous proviso if the Secretary reports to the 
        Committees on Appropriations that to do so is vital to the 
        national security interests of the United States.
    (f) Reconstruction Assistance.--
            (1) Of the funds appropriated by this Act under the heading 
        ```Economic Support Fund''' that are available for assistance 
        for Afghanistan, not less than $100,000,000 shall be made 
        available for the National Solidarity Program.
            (2) The Secretary of State, in consultation with the 
        Secretary of Defense and the Administrator of the United States 
        Agency for International Development, should enhance United 
        States reconstruction efforts in Afghanistan by--
                    (A) emphasizing capacity building and support of 
                Afghan entities and institutions at the provincial and 
                sub-provincial levels;
                    (B) requiring civilian Provincial Reconstruction 
                Team (PRT) leaders to consult regularly with 
                appropriate local Afghan leaders in their respective 
                provinces and ensuring that PRT reconstruction and 
                development activities support local needs in a 
                sustainable manner and in a manner that strengthens the 
                authority and control of the Government of Afghanistan 
                at the provincial and sub-provincial levels; and
                    (C) directing the PRTs, as appropriate and with due 
                regard to the safety of United States personnel and 
                existing requirements for the reporting of waste, fraud 
                and abuse, to provide a mechanism for local people to 
                lodge complaints regarding corruption or other 
                misconduct by Afghan or foreign officials when such 
                complaints cannot be safely and adequately lodged with 
                local law enforcement officials.
    (g) Rule of Law Programs.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $5,000,000 shall be 
        made available for rule of law and governance programs in 
        Afghanistan, in addition to funds otherwise made available for 
        such purposes, and the policy decisions and justification for 
        the use of such funds shall be the responsibility of the 
        Coordinator for Rule of Law at the United States Embassy in 
        Kabul, Afghanistan.
            (2) Prior to the obligation of funds appropriated by this 
        Act under the headings ``Economic Support Fund'' and 
        ``International Narcotics Control and Law Enforcement'' for 
        assistance for Afghanistan, the Secretary of State shall submit 
        to the Committees on Appropriations a spending plan for 
        democracy, rule of law, and governance programs for 
        Afghanistan, to include amounts, the purposes for which funds 
        are made available, and intended results.
            (3) Not later than 90 days after enactment of this Act, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations, Armed Services and Judiciary of the Senate 
        detailing the total funds provided for democracy, governance, 
        and rule of law programs in Afghanistan by all United States 
        Government agencies during the previous fiscal year, the 
        mechanisms that exist to coordinate such programs and monitor 
        the uses of such funds, and the metrics used for measuring 
        progress in achieving results.
    (h) Strategic Communications.--Of the funds appropriated by this 
Act under the heading ``Economic Support Fund'' that are available for 
assistance for Afghanistan, not less than $10,000,000 shall be for 
strategic communications activities that counter extremist messaging.

                     prohibition on use of torture

    Sec. 7077.  None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture, 
cruel or inhumane treatment by any official or contract employee of the 
United States Government.

                            enterprise funds

    Sec. 7078. (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 accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.
    (b) Funds made available under titles III through VI of this Act 
for Enterprise Funds shall be expended at the minimum rate necessary to 
make timely payment for projects and activities and shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                     united nations population fund

    Sec. 7079. (a) Contribution.--Of the funds made available under the 
headings ``International Organizations and Programs'' in this Act for 
fiscal year 2010, $50,000,000 shall be made available for the United 
Nations Population Fund (UNFPA).
    (b) Prohibition on Use of Funds in China.--None of the funds made 
available by this Act may be used by UNFPA for a country program in the 
People's Republic of China.
    (c) Conditions on Availability of Funds.--Funds made available by 
this Act for UNFPA may not be made available unless--
            (1) UNFPA maintains funds made available by this Act in an 
        account separate from other accounts of UNFPA and does not 
        commingle such funds with other sums; and
            (2) UNFPA does not fund abortions.

                                  opic

                     (including transfer of funds)

    Sec. 7080. (a) Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 1961, up 
to a total of $20,000,000 of the funds appropriated under title III of 
this Act may be transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account: 
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private Investment Corporation: Provided 
further, That designated funding levels in this Act shall not be 
transferred pursuant to this section: Provided further, That the 
exercise of such authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (b) The President of the Overseas Private Investment Corporation is 
hereby authorized and directed to issue, not later than 9 months after 
the date of enactment of this Act, a comprehensive set of 
environmental, transparency and internationally recognized worker 
rights and human rights guidelines with requirements binding on the 
Corporation and its investors that shall be consistently applied to all 
projects, funds and sub-projects supported by the Corporation: 
Provided, That these regulations shall be no less rigorous than the 
environmental and social guidelines that the Corporation has made 
publicly available as of June 3, 2009, and the environmental and social 
policies of the World Bank Group, and hereafter may be issued and 
further revised only following public notice and opportunity for 
comment: Provided further, That the Overseas Private Investment 
Corporation shall issue a report, not later than 180 days after 
enactment of this Act, highlighting its substantial commitment to 
invest in renewable and other clean energy technologies and plans to 
significantly reduce greenhouse gas emissions from its portfolio: 
Provided further, That such commitment shall include implementing a 
revised climate change mitigation plan to reduce greenhouse gas 
emissions associated with projects and sub-projects in the agency's 
portfolio as of June 30, 2008 by at least 30 percent over a 10-year 
period and by at least 50 percent over a 15-year period.
    (c) Notwithstanding section 235(a)(2) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a) 
through (c) of section 234 of such Act shall remain in effect through 
September 30, 2011.

                              extradition

    Sec. 7081. (a) None of the funds appropriated in this Act may be 
used to provide assistance (other than funds provided under the 
headings ``International Narcotics Control and Law Enforcement'', 
``Migration and Refugee Assistance'', ``Emergency Migration and Refugee 
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining and 
Related Assistance'') for the central government of a country which has 
notified the Department of State of its refusal to extradite to the 
United States any individual indicted for a criminal offense for which 
the maximum penalty is life imprisonment without the possibility of 
parole or for killing a law enforcement officer, as specified in a 
United States extradition request.
    (b) Subsection (a) shall only apply to the central government of a 
country with which the United States maintains diplomatic relations and 
with which the United States has an extradition treaty and the 
government of that country is in violation of the terms and conditions 
of the treaty.
    (c) The Secretary of State may waive the restriction in subsection 
(a) on a case-by-case basis if the Secretary certifies to the 
Committees on Appropriations that such waiver is important to the 
national interests of the United States.

                climate change and environment programs

    Sec. 7082. (a) In General.--Of the funds appropriated by this Act, 
up to $1,239,500,000 may be made available for programs and activities 
to--
            (1) reduce, mitigate, and sequester greenhouse gases that 
        contribute to global climate change;
            (2) support climate change adaptation; and
            (3) protect biodiversity.
    (b) Energy Programs.--Funds appropriated by this Act under the 
headings ``Clean Technology Fund'' and ``Strategic Climate Fund'', and 
funds appropriated under the headings ``Development Assistance'', 
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and 
Central Asia'', for energy programs and activities, may be made 
available only to promote the sustainable use of renewable energy 
technologies and energy efficient end-use technologies, carbon 
sequestration, and carbon accounting, except that such funds may also 
be made available for technologies that utilize natural gas and 
alternative fuels for transportation purposes.
    (c) Adaptation Programs.--Of the funds appropriated by this Act, 
not less than $50,000,000 shall be made available for United States 
contributions to the Least Developed Countries Fund and the Special 
Climate Change Fund to support adaptation programs and activities, if 
the Global Environment Facility makes publicly available on its website 
the criteria used to determine which programs and activities receive 
funds, the manner in which such programs and activities meet such 
criteria, the extent of local involvement in such programs and 
activities, the amount of funds provided, and the results achieved.
    (d) Biodiversity Programs.--Of the funds appropriated by this Act, 
not less than $200,000,000 shall be made available for programs and 
activities which directly protect biodiversity, including tropical 
forests, wildlife, and water ecosystems, in developing countries, with 
a priority on strengthening the capacity of such countries to reduce 
emissions from deforestation and forest degradation: Provided, That of 
the funds made available under this paragraph, not less than 
$25,000,000 shall be made available for the United States Agency for 
International Development's conservation programs in the Amazon Basin, 
including $10,000,000 for such programs in Brazil: Provided further, 
That of the funds made available under this paragraph, not less than 
$18,500,000 shall be made available for the Congo Basin Forest 
Partnership and not less than $10,000,000 shall be made available for 
the Coral Triangle Initiative: Provided further, That of the funds made 
available under this paragraph, not less than $3,000,000 shall be made 
available for international programs of the United States Fish and 
Wildlife Service including in Central Africa, not less than $2,000,000 
shall be made available for international programs of the United States 
Forest Service, and not less than $4,000,000 shall be made available to 
the Bureau of Oceans and International Environmental and Scientific 
Affairs, Department of State to support inter-agency outreach and 
capacity building programs and activities in developing countries 
related to implementation and enforcement of section 8204 of Public Law 
110-246: Provided further, That funds made available pursuant to this 
heading may be made available as a contribution to the Galapagos 
Invasive Species Fund.
    (e) Consultation.--Funds made available pursuant to this section 
are subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations: Provided, That prior 
to the obligation of funds for a contribution to the Forest Carbon 
Partnership Facility, the Secretary of State and the Secretary of the 
Treasury, as appropriate, shall determine and report to the Committees 
on Appropriations that there have been thorough consultations by the 
World Bank with interested civil society and indigenous organizations.
    (f) Extraction of Natural Resources.--
            (1) The Secretary of the Treasury shall inform the 
        managements of the international financial institutions and the 
        public that it is the policy of the United States to oppose any 
        assistance by such institutions (including but not limited to 
        any loan, credit, grant, or guarantee) for the extraction and 
        export of oil, gas, coal, timber, or other natural resource 
        unless the government of the country has in place functioning 
        systems for:
                    (A) accurately accounting for payments for 
                companies involved in the extraction and export of 
                natural resources;
                    (B) the independent auditing of accounts receiving 
                such payments and the widespread public dissemination 
                of the findings of such audits; and
                    (C) verifying government receipts against company 
                payments including widespread dissemination of such 
                payment information, and disclosing such documents as 
                Host Government Agreements, Concession Agreements, and 
                bidding documents, allowing in any such dissemination 
                or disclosure for the redaction of, or exceptions for, 
                information that is commercially proprietary or that 
                would create competitive disadvantage.
            (2) Not later than 180 days after the enactment of this 
        Act, the Secretary of the Treasury shall submit a report to the 
        Committees on Appropriations describing, for each international 
        financial institution, the amount and type of assistance 
        provided, by country, for the extraction and export of oil, 
        gas, coal, timber, or other natural resources in the preceding 
        12 months, and whether each institution considered, in its 
        proposal for such assistance, the extent to which the country 
        has functioning systems described in paragraph (1).
            (3) Of the funds appropriated under the heading ``Economic 
        Support Fund'' in this Act, not less than $5,000,000 shall be 
        made available for a United States contribution to the 
        Extractive Industries Transparency Initiative (EITI) Trust 
        Fund, including to improve the capacity of civil society 
        organizations to participate in the EITI process.

                  prohibition on promotion of tobacco

    Sec. 7083.  None of the funds provided by this Act shall be 
available to promote the sale or export of tobacco or tobacco products, 
or to seek the reduction or removal by any foreign country of 
restrictions on the marketing of tobacco or tobacco products, except 
for restrictions which are not applied equally to all tobacco or 
tobacco products of the same type.

                 commercial leasing of defense articles

    Sec. 7084.  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 provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing 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 policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

                            anti-kleptocracy

    Sec. 7085. (a) In furtherance of the National Strategy to 
Internationalize Efforts Against Kleptocracy and Presidential 
Proclamation 7750, the Secretary of State shall compile and maintain a 
list of officials of foreign governments and their immediate family 
members who the Secretary has credible evidence have been involved in 
corruption relating to the extraction of natural resources in their 
countries.
    (b) Any individual on the list compiled under subsection (a) shall 
be ineligible for admission to the United States.
    (c) The Secretary may waive the application of subsection (b) if 
the Secretary determines that admission to the United States is 
necessary to attend the United Nations or to further United States law 
enforcement objectives, or that the circumstances which caused the 
individual to be included on the list have changed sufficiently to 
justify the removal of the individual from the list.
    (d) Not later than 90 days after enactment of this Act and 180 days 
thereafter, the Secretary of State shall report in writing, in 
classified form if necessary, to the Committees on Appropriations 
describing the evidence of corruption concerning individuals listed 
pursuant to subsection (a).
    (e) The Secretary of State should encourage other governments to 
take similar steps regarding officials of foreign governments and their 
family members who have been credibly alleged to be involved in 
corruption relating to the extraction of natural resources.

                    international prison conditions

    Sec. 7086. (a) Not later than 180 days after enactment of this Act, 
the Secretary of State shall submit to the Committees on Appropriations 
a report, which shall also be made publicly available including on the 
Department of State's website, describing the conditions in prisons and 
other detention facilities in countries receiving United States 
assistance where the Assistant Secretary of State for Democracy, Human 
Rights and Labor has determined, based on the Department of State's 
most recent Human Rights Report and any other relevant information, 
arbitrary detention and/or cruel, inhumane or degrading treatment of 
prisoners or detainees, or inhumane prison conditions, is common, and 
identifying those countries, if any, whose governments the Assistant 
Secretary determines are making significant efforts to eliminate 
inhumane conditions and those countries whose governments the Assistant 
Secretary determines are not making such efforts.
    (b) For purposes of each determination made pursuant to subsection 
(a), the Assistant Secretary shall consider whether:
            (1) the number of prisoners or detainees does not so exceed 
        prison capacity such that per capita floor space is sufficient 
        to allow for humane sleeping conditions and reasonable physical 
        movement;
            (2) human waste facilities are available and are located 
        separately from the prison population at large, and human waste 
        is disposed of regularly and in a sanitary manner;
            (3) the lighting, ventilation, temperature and physical 
        construction of prisons and other detention facilities do not 
        seriously endanger health and safety;
            (4) prisoners and detainees have access to adequate food 
        and potable drinking water;
            (5) prisoners and detainees have access to basic and 
        emergency medical care;
            (6) to the maximum extent practicable, prisoners and 
        detainees are allowed reasonable contact with visitors and 
        permitted religious observance;
            (7) the government permits prisoners and detainees to 
        submit complaints to judicial authorities without censorship, 
        investigates credible allegations of inhumane conditions, and 
        documents the results of such investigations in a manner that 
        is publicly accessible;
            (8) the government is investigating and monitoring the 
        conditions of prisons and other detention facilities under its 
        authority, including cooperation with international experts on 
        eliminating inhumane conditions, and such information is 
        available to the Secretary of State;
            (9) the government is appointing ombudsmen to serve on 
        behalf of prisoners and detainees, considering alternatives to 
        incarceration for nonviolent offenders to alleviate inhumane 
        overcrowding, making efforts to address the status and 
        circumstances of confinement of juvenile offenders, making 
        efforts to improve pre-trial detention, bail and recordkeeping 
        procedures to reduce pre-trial detention periods and to ensure 
        that prisoners do not serve beyond the maximum sentence for the 
        charged offense; and
            (10) the government is increasing the amount of government 
        resources to eliminate inhumane conditions.
    (c) Funds appropriated by this Act to carry out the provisions of 
chapters 1 and 11 of part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961, and the Support for East European Democracy 
(SEED) Act of 1989, shall be made available for assistance to help 
eliminate inhumane conditions in prisons and other detention facilities 
administered by foreign governments that the Secretary of State 
determines are making significant efforts to eliminate such conditions.
    (d) The Secretary of State shall designate a Deputy Assistant 
Secretary of State in the Bureau of Democracy, Human Rights and labor 
to have primary responsibility for diplomatic efforts related to 
international prison conditions.

                     training and equipment reports

    Sec. 7087. (a) The annual foreign military training report required 
by section 656 of the Foreign Assistance Act of 1961 shall be submitted 
by the Secretary of Defense and the Secretary of State to the 
Committees on Appropriations by the date specified in that section.
    (b) Not later than 90 days after enactment of this Act, the 
Secretary of State, in consultation with other relevant United States 
Government agencies, shall submit to the Committees on Appropriations a 
report detailing the equipment to be purchased with funds appropriated 
or otherwise made available under the headings ``International 
Narcotics Control and Law Enforcement'' and ``Foreign Military 
Financing Program'' in this Act: Provided, That such report shall 
include a description of the anticipated costs associated with the 
operation and maintenance of such equipment in subsequent fiscal years: 
Provided further, That for the purposes of this subsection, 
``equipment'' shall be defined as any aircraft, vessel, boat or 
vehicle.
    (c) Section 656 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2416) is amended by inserting the following new paragraph after 
paragraph (b)(3):
            ``(4) For each country that received assistance under 
        Chapter 5 of Part II of this Act during the reporting period, a 
        calculation of the net savings to that country on training 
        purchased at a reduced cost or incremental rate through the 
        Foreign Military Sales program, as authorized by section 
        21(a)(1)(C) of the Arms Export Control Act, as amended by 
        section 108 of Public Law 99-83.''.

                    transparency and accountability

    Sec. 7088. (a) United Nations.--Funds appropriated by this Act 
shall be made available to continue to support efforts to promote 
transparency and accountability at the United Nations, including access 
to audits and program information, as appropriate: Provided,  That the 
Secretary of State, following consultation with the Committee on 
Appropriations, may withhold from obligation funds appropriated under 
the heading ``International Organizations and Programs'' for a United 
States contribution to a United Nations organization or agency if the 
Secretary determines that such organization or agency is not adequately 
implementing reforms to increase transparency and accountability.
    (b) International Monetary Fund.--
            (1) The Secretary of the Treasury shall instruct the United 
        States Executive Director of the International Monetary Fund to 
        promote standard public disclosure of documents of the Fund 
        presented to the Executive Board of the Fund and summaries of 
        the minutes of meetings of the Board, as recommended by the 
        Independent Evaluation Office of the Fund, not later than 2 
        years after the date of the meeting at which the document was 
        presented or the minutes were taken (as the case may be), 
        unless the Executive Board--
                    (A) determines that it is appropriate to delay 
                disclosure; and
                    (B) posts the reason for the delay on the website 
                of the Fund.
            (2) Transparency and accountability of loans, agreements, 
        and other programs of the international monetary fund.--The 
        Secretary of the Treasury shall instruct the United States 
        Executive Director of the International Monetary Fund to 
        promote--
                    (A) transparency and accountability in the 
                policymaking and budgetary procedures of governments of 
                members of the Fund;
                    (B) the participation of citizens and 
                nongovernmental organizations in the economic policy 
                choices of those governments; and
                    (C) the adoption by those governments of loans, 
                agreements, or other programs of the Fund through a 
                parliamentary process or another participatory and 
                transparent process, as appropriate.
            (3) Efforts to reduce the worst forms of child labor.--
                    (A) The Secretary of the Treasury shall instruct 
                the United States Executive Director of the 
                International Monetary Fund to promote policies and 
                practices to reduce the worst forms of child labor (as 
                defined in section 507(6) of the Trade Act of 1974 (19 
                U.S.C. 2467(6))) through education and other means, 
                such as promoting the need for members of the Fund to 
                develop and implement national action plans to combat 
                the worst forms of child labor.
                    (B) Not later than one year after the date of the 
                enactment of this Act, the Secretary of the Treasury 
                shall submit to the Committees on Appropriations and 
                Foreign Relations of the Senate and the Committees on 
                Appropriations and Financial Services of the House of 
                Representatives a report describing efforts of the Fund 
                to reduce the worst forms of child labor.
    (c) National Budget Transparency.--
            (1) None of the funds appropriated by this Act may be made 
        available for assistance for the central government of any 
        country that fails to publicly disclose on an annual basis its 
        national budget, to include income and expenditures.
            (2) The Secretary of State may waive the requirements of 
        paragraph (1) for a country if the Secretary reports to the 
        Committees on Appropriations that to do so is important to the 
        national interest of the United States.
            (3) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', up to $1,500,000 shall be made 
        available for programs and activities to assist the central 
        government of any country named in the reports required by 
        paragraph (2) to improve national budget transparency: 
        Provided, That such sums shall be in addition to funds 
        otherwise made available for such purposes.
    (d) Assistance Transparency.--Funds appropriated by this Act under 
the heading ``Economic Support Fund'' for United States commitments to 
the 1987 South Pacific Tuna Treaty shall be provided with the 
understanding that the Department of State shall monitor the uses of 
funds provided to country recipients, and shall coordinate such funds 
with other assistance provided to country recipients by the United 
States Government, as appropriate.

                          disability programs

    Sec. 7089. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $5,000,000 shall be 
made available for programs and activities administered by the United 
States Agency for International Development (USAID) to address the 
needs and protect and promote the rights of people with disabilities in 
developing countries, and for programs to disseminate information 
(including best practices and strategies) on independent living, 
advocacy, education, and transportation to people with disabilities and 
disability advocacy organizations in developing countries, including 
for the cost of translation: Provided,  That of the funds made 
available pursuant to this section, $1,000,000 shall be available for 
projects to develop, support, and strengthen sports programs in 
developing countries for children and adults with physical or 
intellectual disabilities.
    (b) Funds appropriated under the heading ``Operating Expenses'' in 
title II of this Act shall be made available to develop and implement 
training for staff in overseas USAID missions to promote the full 
inclusion and equal participation of people with disabilities in 
developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, and the 
USAID Administrator shall seek to ensure that, where appropriate, 
construction projects funded by this Act are accessible to people with 
disabilities and in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards.
    (d) Of the funds made available pursuant to subsection (a), not 
more than 7 percent may be for management, oversight, and technical 
support.

               orphans, displaced, and abandoned children

    Sec. 7090.  Of the funds appropriated under title III of this Act, 
$3,000,000 should be made available for activities to improve the 
capacity of foreign government agencies and nongovernmental 
organizations to prevent child abandonment, address the needs of 
orphans, displaced and abandoned children and provide permanent homes 
through family reunification, guardianship and domestic adoptions: 
Provided, That funds made available under title III of this Act should 
be made available, as appropriate, consistent with--
            (1) the goal of enabling children to remain in the care of 
        their family of origin, but when not possible, placing children 
        in permanent homes through adoption;
            (2) the principle that such placements should be based on 
        informed consent which has not been induced by payment or 
        compensation;
            (3) the view that long-term foster care or 
        institutionalization are not permanent options and should be 
        used when no other suitable permanent options are available; 
        and
            (4) the recognition that programs that protect and support 
        families can reduce the abandonment and exploitation of 
        children.

                               sri lanka

    Sec. 7091. (a) None of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' may be made available 
for assistance for Sri Lanka, no defense export license may be issued, 
and no military equipment or technology shall be sold or transferred to 
Sri Lanka pursuant to the authorities contained in this Act or any 
other Act, until the Secretary of State certifies to the Committee on 
Appropriations that the Government of Sri Lanka--
            (1) is suspending and bringing to justice members of the 
        military who have been credibly alleged to have violated 
        internationally recognized human rights or international 
        humanitarian law; and
            (2) has agreed to the establishment of a field presence of 
        the Office of the United Nations High Commissioner for Human 
        Rights in Sri Lanka with sufficient staff and mandate to 
        conduct full and unimpeded monitoring throughout the country 
        and to publicize its findings;
            (3) is treating internally displaced persons in accordance 
        with international standards, including by guaranteeing their 
        freedom of movement, providing access to conflict-affected 
        areas and populations by humanitarian organizations and 
        journalists, and accounting for persons detained in the 
        conflict; and
            (4) is implementing policies to promote reconciliation and 
        justice including devolution of power to provincial councils in 
        the north and east as provided for in the Constitution of Sri 
        Lanka.
    (b) Subsection (a) shall not apply to technology or equipment made 
available for the limited purposes of maritime and aerial surveillance.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Directors of the international financial institutions (as 
defined in section 1701(c)(2) of the International Financial 
Institutions Act (22 U.S.C. 262r(c)(2))) to vote against any loan, 
agreement, or other financial support for Sri Lanka except to meet 
basic human needs, unless the Secretary of State certifies to the 
Committees on Appropriations that the Government of Sri Lanka is 
meeting the requirements in subsections (a)(3) and (4).

                                  cuba

    Sec. 7092. (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 agencies 
of the Government of Cuba on counter-narcotics matters, including 
matters relating to cooperation, coordination, and mutual assistance in 
the interdiction of illicit drugs being transported through Cuban 
airspace or over Cuban waters.
    (b) The amount in subsection (a) shall not be available if the 
Secretary certifies to the Committees on Appropriations that--
            (1) Cuba does not have in place appropriate procedures 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 preceding 10 
        years.
    (c) Not later than 90 days after enactment of this Act, the 
Secretary of State, in consultation with the Broadcasting Board of 
Governors, the International Broadcasting Bureau, and other relevant 
agencies and organizations, shall submit to the Committees on 
Appropriations a report detailing the following--
            (1) the estimated size of the audiences in Cuba for TV 
        Marti and Radio Marti, and the sources and relative reliability 
        of the data on which such estimates are based;
            (2) the annual operating cost of AeroMarti and its 
        effectiveness in increasing such audience size;
            (3) the annual operating cost (and total cost over the life 
        of the contract) of the contract with TV Azteca to broadcast TV 
        Marti on DirecTV and its effectiveness in increasing such 
        audience size;
            (4) the principal obstacles to increasing such audience 
        size;
            (5) other options for disseminating news and information to 
        Cuba which may be as, or more, cost effective, including DVDs, 
        the Internet, and cell phones and other handheld electronic 
        devices;
            (6) the basis (including supporting data, if any) for the 
        decision to replace the two evening TV Marti news programs with 
        five-minute updates every half hour; and
            (7) a formal, multi-year strategic plan for the Office of 
        Cuba Broadcasting.

          assistance for foreign nongovernmental organizations

    Sec. 7093. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) is amended by inserting after section 104C, the following 
new section:

``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.

    ``Notwithstanding any other provision of law, regulation, or 
policy, in determining eligibility for assistance authorized under 
sections 104, 104A, 104B, and 104C--
            ``(1) foreign nongovernmental organizations shall not be 
        ineligible for such assistance solely on the basis of health or 
        medical services, including counseling and referral services, 
        provided by such organization with non-United States Government 
        funds if such services are permitted in the country in which 
        they are being provided and would not violate United States law 
        if provided in the United States; and
            ``(2) foreign nongovernmental organizations 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 
        organizations receiving assistance under this part.''.
    This Act may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2010''.
                                                       Calendar No. 103

111th CONGRESS

  1st Session

                                S. 1434

                          [Report No. 111-44]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2010, and 
                          for other purposes.

_______________________________________________________________________

                              July 9, 2009

                 Read twice and placed on the calendar
```