II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2010, and for other pur6 poses, namely: 
2 

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1 TITLE I 

2 DEPARTMENT OF STATE AND RELATED 

3 AGENCY 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Department of State 

9 and the Foreign Service not otherwise provided for, 

10 $8,227,000,000, of which $1,595,000,000 is for World11 wide Security Protection (to remain available until ex12 pended): Provided, That the Secretary of State may trans13 fer up to $137,600,000 of the total funds made available 

14 under this heading to any other appropriation of any de15 partment or agency of the United States, upon the concur16 rence of the head of such department or agency, to sup17 port operations in and assistance for Afghanistan and to 

18 carry out the provisions of the Foreign Assistance Act of 

19 1961: Provided further, That funds made available under 

20 this heading shall be allocated as follows: 

21 (1) HUMAN RESOURCES.—For necessary ex22 penses for training, human resources management, 

23 and salaries, including employment without regard 

24 to civil service and classification laws of persons on 

25 a temporary basis (not to exceed $700,000), as au-
3 

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1 thorized by section 801 of the United States Infor2 mation and Educational Exchange Act of 1948, 

3 $2,667,130,000 to remain available until September 

4 30, 2011, of which not less than $138,075,000 shall 

5 be available only for public diplomacy American sal6 aries, up to $124,923,000 shall be for the Human 

7 Resources Initiative, and $220,840,000 is for World8 wide Security Protection and shall remain available 

9 until expended: Provided, That none of the funds ap10 propriated by this Act for the hiring of additional 

11 Department of State personnel shall be made avail12 able for obligation until the Secretary of State sub13 mits to the Committees on Appropriations a strat14 egy, including funding requirements and justifica15 tions, for projected personnel requirements over the 

16 next three fiscal years. 

17 (2) OVERSEAS PROGRAMS.—For necessary ex18 penses for the regional bureaus of the Department 

19 of State and overseas activities as authorized by law, 

20 $2,495,158,000, to remain available until September 

21 30, 2011, of which not less than $382,000,000 shall 

22 be available only for public diplomacy international 

23 information programs: Provided, That not less than 

24 $2,000,000 shall be made available for the Office of 

25 Global Women’s Issues. 
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1 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

2 necessary expenses for the functional bureaus of the 

3 Department of State including representation to cer4 tain international organizations in which the United 

5 States participates pursuant to treaties ratified pur6 suant to the advice and consent of the Senate or 

7 specific Acts of Congress, general administration, 

8 and arms control, nonproliferation and disarmament 

9 activities as authorized, $892,012,000, to remain 

10 available until September 30, 2011. 

11 (4) SECURITY PROGRAMS.—For necessary ex12 penses for security activities, $2,172,700,000, to re13 main available until September 30, 2011, of which 

14 $1,374,160,000 is for Worldwide Security Protection 

15 and shall remain available until expended. 

16 (5) FEES AND PAYMENTS COLLECTED.—In ad17 dition to amounts otherwise made available under 

18 this heading— 

19 (A) not to exceed $1,653,305 shall be de20 rived from fees collected from other executive 

21 agencies for lease or use of facilities located at 

22 the International Center in accordance with sec23 tion 4 of the International Center Act, and, in 

24 addition, as authorized by section 5 of such 

25 Act, $490,000, to be derived from the reserve 
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1 authorized by that section, to be used for the 

2 purposes set out in that section; 

3 (B) as authorized by section 810 of the 

4 United States Information and Educational Ex5 change Act, not to exceed $6,000,000, to re6 main available until expended, may be credited 

7 to this appropriation from fees or other pay8 ments received from English teaching, library, 

9 motion pictures, and publication programs and 

10 from fees from educational advising and coun11 seling and exchange visitor programs; and 

12 (C) not to exceed $15,000, which shall be 

13 derived from reimbursements, surcharges and 

14 fees for use of Blair House facilities. 

15 (6) TRANSFER AND REPROGRAMMING.— 

16 (A) Notwithstanding any provision of this 

17 Act, funds may be reprogrammed within and 

18 between subsections under this heading subject 

19 to section 7015 of this Act. 

20 (B) Of the amount made available under 

21 this heading, not to exceed $10,000,000 may be 

22 transferred to, and merged with, funds made 

23 available by this Act under the heading ‘‘Emer24 gencies in the Diplomatic and Consular Serv-
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1 ice’’, to be available only for emergency evacu2 ations and rewards, as authorized. 

3 (C) Funds appropriated under this heading 

4 are available for acquisition by exchange or pur5 chase of passenger motor vehicles as authorized 

6 by law and, pursuant to 31 U.S.C. 1108(g), for 

7 the field examination of programs and activities 

8 in the United States funded from any account 

9 contained in this title. 

10 CIVILIAN STABILIZATION INITIATIVE

11 For necessary expenses to support, maintain, mobi12 lize, and deploy a civilian response corps in coordination 

13 with the United States Agency for International Develop14 ment, and for related reconstruction and stabilization as15 sistance to prevent or respond to conflict or civil strife in 

16 foreign countries or regions, or to enable transition from 

17 such strife, $150,000,000, to remain available until ex18 pended: Provided, That funds appropriated under this 

19 heading may be made available in fiscal year 2010 to pro20 vide administrative expenses for the Office of the Coordi21 nator for Reconstruction and Stabilization, Department of 

22 State: Provided further, That notwithstanding any other 

23 provision of law and following consultation with the Com24 mittees on Appropriations, the President may exercise 

25 transfer authorities contained in the Foreign Assistance 
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1 Act of 1961 for reconstruction and stabilization assistance 

2 managed by such Office, only to support an actively de3 ployed civilian response corps, subject to the regular noti4 fication procedures of the Committees on Appropriations: 

5 Provided further, That of the funds appropriated under 

6 this heading, up to $75,000,000 may be made available 

7 for deployments, except that no funds shall be made avail8 able for such purposes until the Secretary of State certifies 

9 to the Committees on Appropriations that the Department 

10 of State has signed a Memorandum of Understanding with 

11 the Department of Defense relating to the provision of air12 lift for deployment of Civilian Response Corps personnel 

13 and equipment: Provided further, That none of the funds 

14 appropriated under this heading may be made available 

15 for the establishment of a Civilian Response Corps Re16 serve Component: Provided further, That not more than 

17 $25,000,000 shall be made available for Civilian Response 

18 Corps equipment, including not more than $5,000,000 for 

19 the purchase of armored vehicles: Provided further, That 

20 not later than 45 days after enactment of this Act, the 

21 Secretary of State, in consultation with the Administrator 

22 of the United States Agency for International Develop23 ment, shall submit a spending plan for funds made avail24 able under this heading. 
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1 CAPITAL INVESTMENT FUND

2 For necessary expenses of the Capital Investment 

3 Fund, $160,000,000, to remain available until expended, 

4 as authorized: Provided, That section 135(e) of Public 

5 Law 103–236 shall not apply to funds available under this 

6 heading. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General, $100,000,000, notwithstanding section 209(a)(1) 

10 of the Foreign Service Act of 1980 (Public Law 96–465), 

11 as it relates to post inspections, of which $23,000,000 

12 shall be for the Special Inspector General for Iraq Recon13 struction for reconstruction oversight, and $23,000,000 

14 shall be for the Special Inspector General for Afghanistan 

15 Reconstruction for reconstruction oversight. 

16 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

17 For expenses of educational and cultural exchange 

18 programs, as authorized, $635,243,000, to remain avail19 able until expended: Provided, That not to exceed 

20 $5,000,000, to remain available until expended, may be 

21 credited to this appropriation from fees or other payments 

22 received from or in connection with English teaching, edu23 cational advising and counseling programs, and exchange 

24 visitor programs as authorized. 
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1 REPRESENTATION ALLOWANCES

2 For representation allowances as authorized, 

3 $8,175,000. 

4 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

5 For expenses, not otherwise provided, to enable the 

6 Secretary of State to provide for extraordinary protective 

7 services, as authorized, $27,159,000, to remain available 

8 until September 30, 2011. 

9 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

10 For necessary expenses for carrying out the Foreign 

11 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre12 serving, maintaining, repairing, and planning for buildings 

13 that are owned or directly leased by the Department of 

14 State, renovating, in addition to funds otherwise available, 

15 the Harry S Truman Building, and carrying out the Dip16 lomatic Security Construction Program as authorized, 

17 $876,850,000, to remain available until expended as au18 thorized, of which not to exceed $25,000 may be used for 

19 domestic and overseas representation as authorized: Pro20 vided, That none of the funds appropriated in this para21 graph shall be available for acquisition of furniture, fur22 nishings, or generators for other departments and agen23 cies. 

24 In addition, for the costs of worldwide security up25 grades, acquisition, and construction as authorized, 
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1 $847,300,000, to remain available until expended: Pro2 vided, That funds made available by this paragraph may 

3 not be obligated until a plan is submitted to the Commit4 tees on Appropriations with the proposed allocation of 

5 funds made available by this Act and the proceeds of sales 

6 for all projects in fiscal year 2010. 

7 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

8 SERVICE

9 (INCLUDING TRANSFER OF FUNDS)

10 For necessary expenses to enable the Secretary of 

11 State to meet unforeseen emergencies arising in the Diplo12 matic and Consular Service, $10,000,000, to remain avail13 able until expended as authorized, of which not to exceed 

14 $1,000,000 may be transferred to, and merged with, funds 

15 appropriated by this Act under the heading ‘‘Repatriation 

16 Loans Program Account’’, subject to the same terms and 

17 conditions. 

18 BUYING POWER MAINTENANCE ACCOUNT

19 To offset adverse fluctuations in foreign currency ex20 change rates and/or overseas wage and price changes, as 

21 authorized by section 24(b) of the State Department Basic 

22 Authorities Act of 1956 (22 U.S.C. 2696(b)), 

23 $10,000,000, to remain available until expended. 
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1 REPATRIATION LOANS PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $739,000, as authorized: 

4 Provided, That such costs, including the cost of modifying 

5 such loans, shall be as defined in section 502 of the Con6 gressional Budget Act of 1974. 

7 In addition, for administrative expenses necessary to 

8 carry out the direct loan program, $711,000, which may 

9 be transferred to, and merged with, funds made available 

10 under the heading ‘‘Diplomatic and Consular Programs’’. 

11 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

12 For necessary expenses to carry out the Taiwan Rela13 tions Act (Public Law 96–8), $21,174,000. 

14 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

15 DISABILITY FUND

16 For payment to the Foreign Service Retirement and 

17 Disability Fund, as authorized, $158,900,000. 

18 INTERNATIONAL ORGANIZATIONS

19 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

20 For necessary expenses, not otherwise provided for, 

21 to meet annual obligations of membership in international 

22 multilateral organizations, pursuant to treaties ratified 

23 pursuant to the advice and consent of the Senate, conven24 tions or specific Acts of Congress, $1,697,000,000: Pro25 vided, That the Secretary of State shall, at the time of 
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1 the submission of the President’s budget to Congress 

2 under section 1105(a) of title 31, United States Code, 

3 transmit to the Committees on Appropriations the most 

4 recent biennial budget prepared by the United Nations for 

5 the operations of the United Nations: Provided further, 

6 That the Secretary of State should, to the maximum ex7 tent possible, synchronize payments to international orga8 nizations that are important to United States security in9 terests in the fiscal year in which they are due: Provided 

10 further, That any payment of arrearages under this head11 ing shall be directed toward activities that are mutually 

12 agreed upon by the United States and the respective inter13 national organization: Provided further, That none of the 

14 funds appropriated under this heading shall be available 

15 for a United States contribution to an international orga16 nization for the United States share of interest costs made 

17 known to the United States Government by such organiza18 tion for loans incurred on or after October 1, 1984, 

19 through external borrowings. 

20 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

21 ACTIVITIES

22 For necessary expenses to pay assessed and other ex23 penses of international peacekeeping activities directed to 

24 the maintenance or restoration of international peace and 

25 security, $2,125,000,000, of which 15 percent shall re-
13 

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1 main available until September 30, 2010: Provided, That 

2 none of the funds made available by this Act shall be obli3 gated or expended for any new or expanded United Na4 tions peacekeeping mission unless, at least 15 days in ad5 vance of voting for the new or expanded mission in the 

6 United Nations Security Council (or in an emergency as 

7 far in advance as is practicable): (1) the Committees on 

8 Appropriations are notified of the estimated cost and 

9 length of the mission, the national interest that will be 

10 served, the planned exit strategy, and that the United Na11 tions has taken appropriate measures to prevent United 

12 Nations employees, contractor personnel, and peace13 keeping forces serving in the mission from trafficking in 

14 persons, exploiting victims of trafficking, or committing 

15 acts of sexual exploitation, and to hold accountable indi16 viduals who engage in such acts while participating in the 

17 peacekeeping mission, including the prosecution in their 

18 home countries of such individuals in connection with such 

19 acts; and (2) notification pursuant to section 7015 of this 

20 Act is submitted, and the procedures therein followed, set21 ting forth the source of funds that will be used to pay 

22 for the cost of the new or expanded mission: Provided fur23 ther, That funds shall be available for peacekeeping ex24 penses unless the Secretary of State determines that 

25 American manufacturers and suppliers are not being given 
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1 opportunities to provide equipment, services, and material 

2 for United Nations peacekeeping activities equal to those 

3 being given to foreign manufacturers and suppliers. 

4 INTERNATIONAL COMMISSIONS

5 For necessary expenses, not otherwise provided for, 

6 to meet obligations of the United States arising under 

7 treaties, or specific Acts of Congress, as follows: 

8 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

9 UNITED STATES AND MEXICO

10 For necessary expenses for the United States Section 

11 of the International Boundary and Water Commission, 

12 United States and Mexico, and to comply with laws appli13 cable to the United States Section, including not to exceed 

14 $6,000 for representation; as follows: 

15 SALARIES AND EXPENSES

16 For salaries and expenses, not otherwise provided for, 

17 $33,000,000. 

18 CONSTRUCTION

19 For detailed plan preparation and construction of au20 thorized projects, $43,250,000, to remain available until 

21 expended, as authorized. 

22 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

23 For necessary expenses, not otherwise provided, for 

24 the International Joint Commission and the International 

25 Boundary Commission, United States and Canada, as au-
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1 thorized by treaties between the United States and Can2 ada or Great Britain, and the Border Environment Co3 operation Commission as authorized by Public Law 103– 

4 182, $12,608,000: Provided, That of the amount provided 

5 under this heading for the International Joint Commis6 sion, $9,000 may be made available for representation ex7 penses. 

8 INTERNATIONAL FISHERIES COMMISSIONS

9 For necessary expenses for international fisheries 

10 commissions, not otherwise provided for, as authorized by 

11 law, $48,976,000: Provided, That the United States share 

12 of such expenses may be advanced to the respective com13 missions pursuant to 31 U.S.C. 3324: Provided further, 

14 That in addition to other funds available for such pur15 poses, funds available under this heading may be used to 

16 make payments necessary to fulfill the United States’ obli17 gations under the Pacific Salmon Treaty. 

18 RELATED AGENCY 

19 BROADCASTING BOARD OF GOVERNORS

20 INTERNATIONAL BROADCASTING OPERATIONS

21 For necessary expenses to enable the Broadcasting 

22 Board of Governors, as authorized, to carry out inter23 national communication activities, including the purchase, 

24 rent, construction, and improvement of facilities for radio 

25 and television transmission and reception and purchase, 
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1 lease, and installation of necessary equipment for radio 

2 and television transmission and reception to Cuba, and to 

3 make and supervise grants for radio and television broad4 casting to the Middle East, $717,828,000: Provided, That 

5 none of the funds appropriated by this Act may be used 

6 for TV Marti broadcasts to Cuba: Provided further, That 

7 of the funds appropriated under this heading, not to ex8 ceed $16,000 may be used for official receptions within 

9 the United States as authorized, not to exceed $35,000 

10 may be used for representation abroad as authorized, and 

11 not to exceed $39,000 may be used for official reception 

12 and representation expenses of Radio Free Europe/Radio 

13 Liberty; and in addition, notwithstanding any other provi14 sion of law, not to exceed $2,000,000 in receipts from ad15 vertising and revenue from business ventures, not to ex16 ceed $500,000 in receipts from cooperating international 

17 organizations, and not to exceed $1,000,000 in receipts 

18 from privatization efforts of the Voice of America and the 

19 International Broadcasting Bureau, to remain available 

20 until expended for carrying out authorized purposes. 

21 BROADCASTING CAPITAL IMPROVEMENTS

22 For the purchase, rent, construction, and improve23 ment of facilities for radio and television transmission and 

24 reception, and purchase and installation of necessary 

25 equipment for radio and television transmission and recep-
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1 tion as authorized, $12,622,000, to remain available until 

2 expended, as authorized. 

3 RELATED PROGRAMS 

4 THE ASIA FOUNDATION

5 For a grant to The Asia Foundation, as authorized 

6 by The Asia Foundation Act (22 U.S.C. 4402), 

7 $19,000,000, to remain available until expended, as au8 thorized. 

9 UNITED STATES INSTITUTE OF PEACE

10 For necessary expenses of the United States Institute 

11 of Peace as authorized in the United States Institute of 

12 Peace Act, $49,220,000, to remain available until Sep13 tember 30, 2011, of which not more than $15,000,000 

14 may be used for construction activities. 

15 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

16 TRUST FUND

17 For necessary expenses of the Center for Middle 

18 Eastern-Western Dialogue Trust Fund, the total amount 

19 of the interest and earnings accruing to such Fund on or 

20 before September 30, 2010, to remain available until ex21 pended. 

22 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

23 For necessary expenses of Eisenhower Exchange Fel24 lowships, Incorporated, as authorized by sections 4 and 

25 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 
18 

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1 U.S.C. 5204–5205), all interest and earnings accruing to 

2 the Eisenhower Exchange Fellowship Program Trust 

3 Fund on or before September 30, 2010, to remain avail4 able until expended: Provided, That none of the funds ap5 propriated herein shall be used to pay any salary or other 

6 compensation, or to enter into any contract providing for 

7 the payment thereof, in excess of the rate authorized by 

8 5 U.S.C. 5376; or for purposes which are not in accord9 ance with OMB Circulars A–110 (Uniform Administrative 

10 Requirements) and A–122 (Cost Principles for Non-profit 

11 Organizations), including the restrictions on compensation 

12 for personal services. 

13 ISRAELI ARAB SCHOLARSHIP PROGRAM

14 For necessary expenses of the Israeli Arab Scholar15 ship Program as authorized by section 214 of the Foreign 

16 Relations Authorization Act, Fiscal Years 1992 and 1993 

17 (22 U.S.C. 2452), all interest and earnings accruing to 

18 the Israeli Arab Scholarship Fund on or before September 

19 30, 2010, to remain available until expended. 

20 EAST-WEST CENTER

21 To enable the Secretary of State to provide for car22 rying out the provisions of the Center for Cultural and 

23 Technical Interchange Between East and West Act of 

24 1960, by grant to the Center for Cultural and Technical 

25 Interchange Between East and West in the State of Ha-
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1 waii, $24,000,000: Provided, That none of the funds ap2 propriated herein shall be used to pay any salary, or enter 

3 into any contract providing for the payment thereof, in 

4 excess of the rate authorized by 5 U.S.C. 5376. 

5 NATIONAL ENDOWMENT FOR DEMOCRACY

6 For grants made by the Department of State to the 

7 National Endowment for Democracy as authorized by the 

8 National Endowment for Democracy Act, $120,000,000, 

9 to remain available until expended, of which $100,000,000 

10 shall be allocated in the traditional and customary manner 

11 among the core institutes and $20,000,000 shall be for 

12 democracy, human rights, and rule of law programs: Pro13 vided, That the President of the National Endowment for 

14 Democracy shall provide to the Committees on Appropria15 tions not later than 45 days after the date of enactment 

16 of this Act a report on the proposed uses of funds under 

17 this heading on a regional and country basis. 

18 OTHER COMMISSIONS 

19 COMMISSION FOR THE PRESERVATION OF AMERICA’S

20 HERITAGE ABROAD

21 SALARIES AND EXPENSES

22 For necessary expenses for the Commission for the 

23 Preservation of America’s Heritage Abroad, $635,000, as 

24 authorized by section 1303 of Public Law 99–83. 
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1 UNITED STATES COMMISSION ON INTERNATIONAL

2 RELIGIOUS FREEDOM

3 SALARIES AND EXPENSES

4 For necessary expenses for the United States Com5 mission on International Religious Freedom, as authorized 

6 by title II of the International Religious Freedom Act of 

7 1998 (Public Law 105–292), $4,300,000, to remain avail8 able until September 30, 2011. 

9 COMMISSION ON SECURITY AND COOPERATION IN

10 EUROPE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Commission on Secu13 rity and Cooperation in Europe, as authorized by Public 

14 Law 94–304, $2,610,000, to remain available until Sep15 tember 30, 2011. 

16 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

17 PEOPLE’S REPUBLIC OF CHINA

18 SALARIES AND EXPENSES

19 For necessary expenses of the Congressional-Execu20 tive Commission on the People’s Republic of China, as au21 thorized, $2,000,000, including not more than $3,000 for 

22 the purpose of official representation, to remain available 

23 until September 30, 2011. 
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1 UNITED STATES-CHINA ECONOMIC AND SECURITY

2 REVIEW COMMISSION

3 SALARIES AND EXPENSES

4 For necessary expenses of the United States-China 

5 Economic and Security Review Commission, $3,500,000, 

6 including not more than $4,000 for the purpose of official 

7 representation, to remain available until September 30, 

8 2011: Provided, That the Commission shall provide to the 

9 Committees on Appropriations a quarterly accounting of 

10 the cumulative balances of any unobligated funds that 

11 were received by the Commission during any previous fis12 cal year: Provided further, That section 308(e) of the 

13 United States-China Relations Act of 2000 (22 U.S.C. 

14 6918(e)) (relating to the treatment of employees as Con15 gressional employees), and section 309 of such Act (22 

16 U.S.C. 6919) (relating to printing and binding costs), 

17 shall apply to the Commission in the same manner as such 

18 section applies to the Congressional-Executive Commis19 sion on the People’s Republic of China: Provided further, 

20 That the Commission shall comply with chapter 43 of title 

21 5, United States Code, regarding the establishment and 

22 regular review of employee performance appraisals: Pro23 vided further, That the Commission shall comply with sec24 tion 4505a of title 5, United States Code, with respect 

25 to limitations on payment of performance-based cash 
22 

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1 awards: Provided further, That compensation for the exec2 utive director of the Commission may not exceed the rate 

3 payable for level II of the Executive Schedule under sec4 tion 5313 of title 5, United States Code: Provided further, 

5 That travel by members and staff of the Commission shall 

6 be arranged and conducted under the rules and procedures 

7 applying to travel by members and staff of the House of 

8 Representatives. 

9 TITLE II 

10 UNITED STATES AGENCY FOR INTERNATIONAL 

11 DEVELOPMENT 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 OPERATING EXPENSES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses to carry out the provisions 

16 of section 667 of the Foreign Assistance Act of 1961, 

17 $1,388,800,000, of which up to $105,000,000 may remain 

18 available until September 30, 2011: Provided, That none 

19 of the funds appropriated under this heading and under 

20 the heading ‘‘Capital Investment Fund’’ in this Act may 

21 be made available to finance the construction (including 

22 architect and engineering services), purchase, or long-term 

23 lease of offices for use by the United States Agency for 

24 International Development (USAID), unless the USAID 

25 Administrator has identified such proposed construction 
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1 (including architect and engineering services), purchase, 

2 or long-term lease of offices in a report submitted to the 

3 Committees on Appropriations at least 15 days prior to 

4 the obligation of funds for such purposes: Provided fur5 ther, That the previous proviso shall not apply when the 

6 total cost of construction (including architect and engi7 neering services), purchase, or long-term lease of offices 

8 does not exceed $1,000,000: Provided further, That of the 

9 funds appropriated under this heading that are available 

10 for capital investments related to the Development Lead11 ership Initiative, up to $245,000,000 may remain avail12 able until September 30, 2014: Provided further, That 

13 none of the funds appropriated by this Act for the hiring 

14 of additional USAID personnel shall be made available for 

15 obligation until the USAID Administrator submits to the 

16 Committees on Appropriations a strategy, including fund17 ing requirements and justifications, for projected per18 sonnel requirements over the next three fiscal years: Pro19 vided further, That contracts or agreements entered into 

20 with funds appropriated under this heading may entail 

21 commitments for the expenditure of such funds through 

22 the following fiscal year: Provided further, That any deci23 sion to open a new USAID overseas mission or office or, 

24 except where there is a substantial security risk to mission 

25 personnel, to close or significantly reduce the number of 
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1 personnel of any such mission or office, shall be subject 

2 to the regular notification procedures of the Committees 

3 on Appropriations: Provided further, That the authority of 

4 sections 610 and 109 of the Foreign Assistance Act of 

5 1961 may be exercised by the Secretary of State to trans6 fer funds appropriated to carry out chapter 1 of part I 

7 of such Act to ‘‘Operating Expenses’’ in accordance with 

8 the provisions of those sections: Provided further, That of 

9 the funds appropriated or made available under this head10 ing, not to exceed $250,000 may be available for represen11 tation and entertainment allowances, of which not to ex12 ceed $5,000 may be available for entertainment allow13 ances, for USAID during the current fiscal year: Provided 

14 further, That no such entertainment funds may be used 

15 for the purposes listed in section 7020 of this Act: Pro16 vided further, That appropriate steps shall be taken to as17 sure that, to the maximum extent possible, United States18 owned foreign currencies are utilized in lieu of dollars. 

19 CAPITAL INVESTMENT FUND

20 For necessary expenses for overseas construction and 

21 related costs, and for the procurement and enhancement 

22 of information technology and related capital investments, 

23 pursuant to section 667 of the Foreign Assistance Act of 

24 1961, $213,000,000, to remain available until expended: 

25 Provided, That this amount is in addition to funds other-
25 

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1 wise available for such purposes: Provided further, That 

2 funds appropriated under this heading shall be available 

3 for obligation only pursuant to the regular notification 

4 procedures of the Committees on Appropriations. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses to carry out the provisions 

7 of section 667 of the Foreign Assistance Act of 1961, 

8 $46,500,000, to remain available until September 30, 

9 2011, which sum shall be available for the Office of the 

10 Inspector General of the United States Agency for Inter11 national Development. 

12 TITLE III 

13 BILATERAL ECONOMIC ASSISTANCE 

14 FUNDS APPROPRIATED TO THE PRESIDENT

15 For necessary expenses to enable the President to 

16 carry out the provisions of the Foreign Assistance Act of 

17 1961, and for other purposes, to remain available until 

18 September 30, 2010, unless otherwise specified herein, as 

19 follows: 

20 GLOBAL HEALTH AND CHILD SURVIVAL

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the provisions 

23 of chapters 1 and 10 of part I of the Foreign Assistance 

24 Act of 1961, for global health activities, in addition to 

25 funds otherwise available for such purposes, 
26 

•S 1434 PCS

1 $2,414,000,000, to remain available until September 30, 

2 2011, and which shall be apportioned directly to the 

3 United States Agency for International Development: Pro4 vided, That this amount shall be made available for such 

5 activities as: (1) child survival and maternal health pro6 grams; (2) immunization and oral rehydration programs; 

7 (3) other health, nutrition, water and sanitation programs 

8 which directly address the needs of mothers and children, 

9 and related education programs; (4) assistance for chil10 dren displaced or orphaned by causes other than AIDS; 

11 (5) programs for the prevention, treatment, control of, and 

12 research on HIV/AIDS, tuberculosis, polio, malaria, and 

13 other infectious diseases including neglected tropical dis14 eases, and for assistance to communities severely affected 

15 by HIV/AIDS, including children infected or affected by 

16 AIDS; and (6) family planning/reproductive health: Pro17 vided further, That none of the funds appropriated under 

18 this paragraph may be made available for nonproject as19 sistance, except that funds may be made available for such 

20 assistance for ongoing health activities: Provided further, 

21 That of the funds appropriated under this paragraph, not 

22 to exceed $400,000, in addition to funds otherwise avail23 able for such purposes, may be used to monitor and pro24 vide oversight of child survival, maternal and family plan25 ning/reproductive health, and infectious disease programs: 
27 

•S 1434 PCS

1 Provided further, That of the funds appropriated under 

2 this paragraph, $79,000,000 should be made available for 

3 a United States contribution to The GAVI Fund: Provided 

4 further, That none of the funds made available in this Act 

5 nor any unobligated balances from prior appropriations 

6 Acts may be made available to any organization or pro7 gram which, as determined by the President of the United 

8 States, supports or participates in the management of a 

9 program of coercive abortion or involuntary sterilization: 

10 Provided further, That any determination made under the 

11 previous proviso must be made no later than 6 months 

12 after the date of enactment of this Act, and must be ac13 companied by the evidence and criteria utilized to make 

14 the determination: Provided further, That none of the 

15 funds made available under this Act may be used to pay 

16 for the performance of abortion as a method of family 

17 planning or to motivate or coerce any person to practice 

18 abortions: Provided further, That nothing in this para19 graph shall be construed to alter any existing statutory 

20 prohibitions against abortion under section 104 of the 

21 Foreign Assistance Act of 1961: Provided further, That 

22 none of the funds made available under this Act may be 

23 used to lobby for or against abortion: Provided further, 

24 That in order to reduce reliance on abortion in developing 

25 nations, funds shall be available only to voluntary family 
28 

•S 1434 PCS

1 planning projects which offer, either directly or through 

2 referral to, or information about access to, a broad range 

3 of family planning methods and services, and that any 

4 such voluntary family planning project shall meet the fol5 lowing requirements: (1) service providers or referral 

6 agents in the project shall not implement or be subject 

7 to quotas, or other numerical targets, of total number of 

8 births, number of family planning acceptors, or acceptors 

9 of a particular method of family planning (this provision 

10 shall not be construed to include the use of quantitative 

11 estimates or indicators for budgeting and planning pur12 poses); (2) the project shall not include payment of incen13 tives, bribes, gratuities, or financial reward to: (A) an indi14 vidual in exchange for becoming a family planning accep15 tor; or (B) program personnel for achieving a numerical 

16 target or quota of total number of births, number of fam17 ily planning acceptors, or acceptors of a particular method 

18 of family planning; (3) the project shall not deny any right 

19 or benefit, including the right of access to participate in 

20 any program of general welfare or the right of access to 

21 health care, as a consequence of any individual’s decision 

22 not to accept family planning services; (4) the project shall 

23 provide family planning acceptors comprehensible infor24 mation on the health benefits and risks of the method cho25 sen, including those conditions that might render the use 
29 

•S 1434 PCS

1 of the method inadvisable and those adverse side effects 

2 known to be consequent to the use of the method; and 

3 (5) the project shall ensure that experimental contracep4 tive drugs and devices and medical procedures are pro5 vided only in the context of a scientific study in which 

6 participants are advised of potential risks and benefits; 

7 and, not less than 60 days after the date on which the 

8 Administrator of the United States Agency for Inter9 national Development determines that there has been a 

10 violation of the requirements contained in paragraph (1), 

11 (2), (3), or (5) of this proviso, or a pattern or practice 

12 of violations of the requirements contained in paragraph 

13 (4) of this proviso, the Administrator shall submit to the 

14 Committees on Appropriations a report containing a de15 scription of such violation and the corrective action taken 

16 by the Agency: Provided further, That in awarding grants 

17 for natural family planning under section 104 of the For18 eign Assistance Act of 1961 no applicant shall be discrimi19 nated against because of such applicant’s religious or con20 scientious commitment to offer only natural family plan21 ning; and, additionally, all such applicants shall comply 

22 with the requirements of the previous proviso: Provided 

23 further, That for purposes of this or any other Act author24 izing or appropriating funds for the Department of State, 

25 foreign operations, and related programs, the term ‘‘moti-
30 

•S 1434 PCS

1 vate’’, as it relates to family planning assistance, shall not 

2 be construed to prohibit the provision, consistent with 

3 local law, of information or counseling about all pregnancy 

4 options: Provided further, That information provided 

5 about the use of condoms as part of projects or activities 

6 that are funded from amounts appropriated by this Act 

7 shall be medically accurate and shall include the public 

8 health benefits and failure rates of such use. 

9 In addition, for necessary expenses to carry out the 

10 provisions of the Foreign Assistance Act of 1961 for the 

11 prevention, treatment, and control of, and research on, 

12 HIV/AIDS, $5,359,000,000, to remain available until ex13 pended, and which shall be apportioned directly to the De14 partment of State: Provided, That of the funds appro15 priated under this paragraph, not less than $700,000,000 

16 shall be made available, notwithstanding any other provi17 sion of law, except for the United States Leadership 

18 Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 

19 (Public Law 108–25), as amended, for a United States 

20 contribution to the Global Fund to Fight AIDS, Tuber21 culosis and Malaria, and shall be expended at the min22 imum rate necessary to make timely payment for projects 

23 and activities: Provided further, That up to 5 percent of 

24 the aggregate amount of funds made available to the Glob25 al Fund in fiscal year 2010 may be made available to the 
31 

•S 1434 PCS

1 United States Agency for International Development for 

2 technical assistance related to the activities of the Global 

3 Fund: Provided further, That of the funds appropriated 

4 under this paragraph, up to $14,000,000 may be made 

5 available, in addition to amounts otherwise available for 

6 such purposes, for administrative expenses of the Office 

7 of the Global AIDS Coordinator. 

8 DEVELOPMENT ASSISTANCE

9 For necessary expenses to carry out the provisions 

10 of sections 103, 105, 106, and sections 251 through 255, 

11 and chapter 10 of part I of the Foreign Assistance Act 

12 of 1961, $2,567,000,000, to remain available until Sep13 tember 30, 2011: Provided, That of the funds appro14 priated under this heading that are made available for as15 sistance programs for displaced and orphaned children 

16 and victims of war, not to exceed $45,000, in addition to 

17 funds otherwise available for such purposes, may be used 

18 to monitor and provide oversight of such programs: Pro19 vided further, That of the funds appropriated by this Act 

20 and prior Acts for fiscal year 2009, not less than 

21 $265,000,000 shall be made available for microenterprise 

22 and microfinance development programs for the poor, es23 pecially women: Provided further, That of the funds appro24 priated under this heading, not less than $23,000,000 

25 shall be made available for the American Schools and Hos-
32 

•S 1434 PCS

1 pitals Abroad program: Provided further, That of the 

2 funds appropriated under this heading, $10,000,000 shall 

3 be made available for cooperative development programs 

4 within the Office of Private and Voluntary Cooperation, 

5 United States Agency for International Development: Pro6 vided further, That of the funds appropriated by this Act 

7 and prior Acts for fiscal year 2009, not less than 

8 $315,000,000 shall be made available for water and sani9 tation supply projects pursuant to the Senator Paul Simon 

10 Water for the Poor Act of 2005 (Public Law 109–121): 

11 Provided further, That the relevant bureaus and offices of 

12 the United States Agency for International Development 

13 that support water-related programs shall coordinate such 

14 programs on a regular basis: Provided further, That of the 

15 funds appropriated by title III of this Act, not less than 

16 $1,500,000,000 should be made available for agriculture 

17 development and food security programs, including for 

18 local or regional purchase and distribution of food, in addi19 tion to funds otherwise made available for such purposes, 

20 and notwithstanding any other provision of law, of which 

21 not less than $31,000,000 shall be made available for Col22 laborative Research Support Programs: Provided further, 

23 That prior to the obligation of funds pursuant to the pre24 vious proviso and after consultation with other relevant 

25 Federal departments and agencies, the Committees on Ap-
33 

•S 1434 PCS

1 propriations, and relevant nongovernmental organizations, 

2 the Administrator of the United States Agency for Inter3 national Development shall submit to the Committees on 

4 Appropriations a strategy for achieving food security and 

5 agriculture development program goals: Provided further, 

6 That of the funds appropriated under this heading for ag7 riculture development programs, $10,000,000 shall be 

8 made available for a United States contribution to the en9 dowment of the Global Crop Diversity Trust pursuant to 

10 section 3202 of Public Law 110–246. 

11 INTERNATIONAL DISASTER ASSISTANCE

12 For necessary expenses to carry out the provisions 

13 of section 491 of the Foreign Assistance Act of 1961 for 

14 international disaster relief, rehabilitation, and recon15 struction assistance, $855,000,000, to remain available 

16 until expended. 

17 TRANSITION INITIATIVES

18 For necessary expenses for international disaster re19 habilitation and reconstruction assistance pursuant to sec20 tion 491 of the Foreign Assistance Act of 1961, 

21 $65,000,000, to remain available until expended, to sup22 port transition to democracy and to long-term develop23 ment of countries in crisis: Provided, That such support 

24 may include assistance to develop, strengthen, or preserve 

25 democratic institutions and processes, revitalize basic in-
34 

•S 1434 PCS

1 frastructure, and foster the peaceful resolution of conflict: 

2 Provided further, That the United States Agency for Inter3 national Development shall submit a report to the Com4 mittees on Appropriations at least 5 days prior to begin5 ning a new program of assistance: Provided further, That 

6 if the Secretary of State determines that it is important 

7 to the national interests of the United States to provide 

8 transition assistance in excess of the amount appropriated 

9 under this heading, up to $15,000,000 of the funds appro10 priated by this Act to carry out the provisions of part I 

11 of the Foreign Assistance Act of 1961 may be used for 

12 purposes of this heading and under the authorities appli13 cable to funds appropriated under this heading: Provided 

14 further, That funds made available pursuant to the pre15 vious proviso shall be made available subject to prior con16 sultation with the Committees on Appropriations. 

17 EMERGENCY CRISES FUND

18 For necessary expenses to enable the Secretary of 

19 State, in consultation with the Administrator of the 

20 United States Agency for International Development, to 

21 respond to unforeseen complex foreign crises, 

22 $100,000,000, to remain available until expended: Pro23 vided, That funds appropriated under this heading may 

24 be made available only pursuant to a determination by the 

25 Secretary of State that it is important to the national in-
35 

•S 1434 PCS

1 terest to furnish assistance on an emergency basis on such 

2 terms and conditions as the Secretary may determine, 

3 after consultation with Congress, for the purpose of re4 sponding to such crises, including support for peace5 keeping and humanitarian intervention operations: Pro6 vided further, That none of the funds appropriated under 

7 this heading shall be available to respond to natural disas8 ters: Provided further, That funds appropriated by this 

9 paragraph shall be made available notwithstanding section 

10 10 of Public Law 91–672 and section 15 of the State De11 partment Basic Authorities Act of 1956: Provided further, 

12 That the Secretary of State may furnish assistance under 

13 this heading notwithstanding any other provision of law, 

14 except sections 7007 and 7008 of this Act and section 

15 620J of the Foreign Assistance Act of 1961: Provided fur16 ther, That funds appropriated under this heading shall be 

17 subject to the regular notification procedures of the Com18 mittees on Appropriations, except that notification shall 

19 be transmitted at least 5 days in advance of the obligation 

20 of funds: Provided further, That the requirements of the 

21 previous proviso may be waived if failure to do so would 

22 pose a substantial risk to human health or welfare: Pro23 vided further, That in case of any such waiver, notification 

24 to the Committees on Appropriations shall be provided as 

25 early as practicable, but in no event later than 3 days after 
36 

•S 1434 PCS

1 taking the action to which such notification requirement 

2 was applicable, in the context of the circumstances neces3 sitating such waiver: Provided further, That any notifica4 tion provided pursuant to such waiver shall contain an ex5 planation of the emergency circumstances. 

6 DEVELOPMENT CREDIT AUTHORITY

7 (INCLUDING TRANSFER OF FUNDS)

8 For the cost of direct loans and loan guarantees pro9 vided by the United States Agency for International De10 velopment, as authorized by sections 256 and 635 of the 

11 Foreign Assistance Act of 1961, up to $25,000,000 may 

12 be derived by transfer from funds appropriated by this Act 

13 to carry out part I of such Act and under the heading 

14 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro15 vided, That funds provided under this paragraph and 

16 funds provided as a gift pursuant to section 635(d) of the 

17 Foreign Assistance Act of 1961 shall be made available 

18 only for micro and small enterprise programs, urban pro19 grams, and other programs which further the purposes of 

20 part I of such Act: Provided further, That such costs, in21 cluding the cost of modifying such direct and guaranteed 

22 loans, shall be as defined in section 502 of the Congres23 sional Budget Act of 1974, as amended: Provided further, 

24 That funds made available by this paragraph may be used 

25 for the cost of modifying any such guaranteed loans under 
37 

•S 1434 PCS

1 this Act or prior Acts, and funds used for such costs shall 

2 be subject to the regular notification procedures of the 

3 Committees on Appropriations: Provided further, That the 

4 provisions of section 107A(d) (relating to general provi5 sions applicable to the Development Credit Authority) of 

6 the Foreign Assistance Act of 1961, as contained in sec7 tion 306 of H.R. 1486 as reported by the House Com8 mittee on International Relations on May 9, 1997, shall 

9 be applicable to direct loans and loan guarantees provided 

10 under this heading: Provided further, That these funds are 

11 available to subsidize total loan principal, any portion of 

12 which is to be guaranteed, of up to $700,000,000. 

13 In addition, for administrative expenses to carry out 

14 credit programs administered by the United States Agency 

15 for International Development, $8,600,000, which may be 

16 transferred to, and merged with, funds made available 

17 under the heading ‘‘Operating Expenses’’ in title II of this 

18 Act: Provided, That funds made available under this head19 ing shall remain available until September 30, 2012. 

20 ECONOMIC SUPPORT FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the provisions 

23 of chapter 4 of part II of the Foreign Assistance Act of 

24 1961, $6,370,000,000, to remain available until Sep25 tember 30, 2011: Provided, That $11,000,000 of the 
38 

•S 1434 PCS

1 funds appropriated under this heading should be made 

2 available for Cyprus to be used only for scholarships, ad3 ministrative support of the scholarship program, 

4 bicommunal projects, and measures aimed at reunification 

5 of the island and designed to reduce tensions and promote 

6 peace and cooperation between the two communities on 

7 Cyprus: Provided further, That of the funds appropriated 

8 under this heading, $199,000,000 shall be apportioned di9 rectly to USAID for alternative development/institution 

10 building programs in Colombia: Provided further, That of 

11 the funds appropriated under this heading that are avail12 able for assistance for Colombia, not less than 

13 $10,000,000 shall be transferred to, and merged with, 

14 funds appropriated under the heading ‘‘Migration and 

15 Refugee Assistance’’ and shall be made available only for 

16 nongovernmental organizations that provide direct services 

17 to Colombian refugees and host communities in Ecuador 

18 and other neighboring countries: Provided further, That 

19 of the funds appropriated under this heading that are 

20 available for assistance for Afghanistan and Pakistan, as21 sistance may be provided notwithstanding any provision 

22 of law that restricts assistance to foreign countries for 

23 cross border stabilization and development programs be24 tween Afghanistan and Pakistan or between either country 

25 and the Central Asian Republics: Provided further, That 
39 

•S 1434 PCS

1 funds appropriated under this heading that are made 

2 available for assistance for infrastructure projects in Paki3 stan shall be implemented in a manner consistent with sec4 tion 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)): 

5 Provided further, That of the funds appropriated under 

6 this heading, not less than $182,650,000 shall be made 

7 available for programs and activities of the Bureau of 

8 Oceans and International Environment and Scientific Af9 fairs, Department of State: Provided further, That funds 

10 appropriated by this Act may be made available for bilat11 eral environmental programs, and Asian regional pro12 grams that may include countries ineligible for United 

13 States assistance, notwithstanding any other provision of 

14 law, and subject to the regular notification procedures of 

15 the Committees on Appropriations. 

16 DEMOCRACY FUND

17 For necessary expenses to carry out the provisions 

18 of the Foreign Assistance Act of 1961 for the promotion 

19 of democracy globally, $120,000,000, to remain available 

20 until September 30, 2011, of which not less than 

21 $79,000,000 shall be made available for the Human 

22 Rights and Democracy Fund of the Bureau of Democracy, 

23 Human Rights and Labor, Department of State, and not 

24 less than $41,000,000 shall be made available for the Of25 fice of Democracy and Governance of the Bureau for De-
40 

•S 1434 PCS

1 mocracy, Conflict, and Humanitarian Assistance, United 

2 States Agency for International Development: Provided, 

3 That of the funds appropriated under this heading that 

4 are made available to the Bureau of Democracy, Human 

5 Rights and Labor, not less than $19,000,000 shall be 

6 made available for the promotion of democracy in the Peo7 ple’s Republic of China, Hong Kong, and Taiwan, and not 

8 less than $6,500,000 shall be made available for the pro9 motion of democracy in countries located outside the Mid10 dle East region with a significant Muslim population, and 

11 where such programs and activities would be important 

12 to respond to, deter, or prevent extremism: Provided fur13 ther, That assistance for Taiwan should be matched from 

14 sources other than the United States Government. 

15 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

16 For necessary expenses to carry out the provisions 

17 of the Foreign Assistance Act of 1961, the FREEDOM 

18 Support Act, and the Support for East European Democ19 racy (SEED) Act of 1989, $745,000,000, to remain avail20 able until September 30, 2011, which shall be available, 

21 notwithstanding any other provision of law, for assistance 

22 and for related programs for countries identified in section 

23 3 of the FREEDOM Support Act and section 3(c) of the 

24 SEED Act: Provided, That funds appropriated under this 

25 heading shall be considered to be economic assistance 
41 

•S 1434 PCS

1 under the Foreign Assistance Act of 1961 for purposes 

2 of making available the administrative authorities con3 tained in that Act for the use of economic assistance: Pro4 vided further, That notwithstanding any provision of this 

5 or any other Act, funds appropriated in prior years under 

6 the headings ‘‘Independent States of the Former Soviet 

7 Union’’ and similar headings and ‘‘Assistance for Eastern 

8 Europe and the Baltic States’’ and similar headings, and 

9 currencies generated by or converted from such funds, 

10 shall be available for use in any country for which funds 

11 are made available under this heading without regard to 

12 the geographic limitations of the heading under which 

13 such funds were originally appropriated: Provided further, 

14 That funds made available for the Southern Caucasus re15 gion may be used for confidence-building measures and 

16 other activities in furtherance of the peaceful resolution 

17 of conflicts: Provided further, That of the funds appro18 priated under this heading, not less than $9,000,000 shall 

19 be made available for humanitarian, conflict mitigation, 

20 human rights, civil society, and relief and reconstruction 

21 assistance for the North Caucasus: Provided further, That 

22 of the funds appropriated under this heading that are 

23 available for assistance for Russia, not less than $500,000 

24 shall be made available to the United States Foreign Serv-
42 

•S 1434 PCS

1 ice for forest management and wildlife conservation pro2 grams in the Russia Far East and Ukraine. 

3 DEPARTMENT OF STATE

4 INTERNATIONAL NARCOTICS CONTROL AND LAW

5 ENFORCEMENT

6 For necessary expenses to carry out section 481 of 

7 the Foreign Assistance Act of 1961, $1,525,000,000, to 

8 remain available until September 30, 2011: Provided, 

9 That during fiscal year 2010, the Department of State 

10 may also use the authority of section 608 of the Foreign 

11 Assistance Act of 1961, without regard to its restrictions, 

12 to receive excess property from an agency of the United 

13 States Government for the purpose of providing it to a 

14 foreign country or international organization under chap15 ter 8 of part I of that Act subject to the regular notifica16 tion procedures of the Committees on Appropriations: Pro17 vided further, That the Secretary of State shall provide 

18 to the Committees on Appropriations not later than 45 

19 days after the date of the enactment of this Act and prior 

20 to the initial obligation of funds appropriated under this 

21 heading, a report on the proposed uses of all funds under 

22 this heading on a country-by-country basis for each pro23 posed program, project, or activity: Provided further, That 

24 section 482(b) of the Foreign Assistance Act of 1961 shall 

25 not apply to funds appropriated under this heading: Pro-
43 

•S 1434 PCS

1 vided further, That assistance provided with funds appro2 priated under this heading that is made available notwith3 standing section 482(b) of the Foreign Assistance Act of 

4 1961 shall be made available subject to the regular notifi5 cation procedures of the Committees on Appropriations: 

6 Provided further, That of the funds appropriated under 

7 this heading, $5,000,000 should be made available to com8 bat piracy of United States copyrighted materials, con9 sistent with the requirements of section 688(a) and (b) 

10 of the Department of State, Foreign Operations, and Re11 lated Programs Appropriations Act, 2008 (division J of 

12 Public Law 110–161): Provided further, That none of the 

13 funds appropriated under this heading for assistance for 

14 Colombia shall be made available for budget support or 

15 as cash payments. 

16 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

17 RELATED PROGRAMS

18 For necessary expenses for nonproliferation, anti-ter19 rorism, demining and related programs and activities, 

20 $761,165,000, to carry out the provisions of chapter 8 of 

21 part II of the Foreign Assistance Act of 1961 for anti22 terrorism assistance, chapter 9 of part II of the Foreign 

23 Assistance Act of 1961, section 504 of the FREEDOM 

24 Support Act, section 23 of the Arms Export Control Act 

25 or the Foreign Assistance Act of 1961 for demining activi-
44 

•S 1434 PCS

1 ties, the clearance of unexploded ordnance, the destruction 

2 of small arms, and related activities, notwithstanding any 

3 other provision of law, including activities implemented 

4 through nongovernmental and international organizations, 

5 and section 301 of the Foreign Assistance Act of 1961 

6 for a voluntary contribution to the International Atomic 

7 Energy Agency, and for a United States contribution to 

8 the Comprehensive Nuclear Test Ban Treaty Preparatory 

9 Commission: Provided, That of this amount not to exceed 

10 $75,000,000, to remain available until expended, may be 

11 made available for the Nonproliferation and Disarmament 

12 Fund, notwithstanding any other provision of law, to pro13 mote bilateral and multilateral activities relating to non14 proliferation and disarmament: Provided further, That 

15 such funds may also be used for such countries other than 

16 the Independent States of the former Soviet Union and 

17 international organizations when it is in the national secu18 rity interest of the United States to do so: Provided fur19 ther, That of the funds appropriated under this heading, 

20 not less than $37,000,000 shall be made available for the 

21 Biosecurity Engagement Program, of which not less than 

22 $6,000,000 shall be made available to continue biological 

23 threat reduction programs in Pakistan: Provided further, 

24 That funds appropriated under this heading may be made 

25 available for the International Atomic Energy Agency un-
45 

•S 1434 PCS

1 less the Secretary of State determines that Israel is being 

2 denied its right to participate in the activities of that 

3 Agency: Provided further, That of the funds appropriated 

4 under this heading, not more than $500,000 may be made 

5 available for public-private partnerships for conventional 

6 weapons and mine action by grant, cooperative agreement 

7 or contract: Provided further, That of the funds made 

8 available for demining and related activities, not to exceed 

9 $700,000, in addition to funds otherwise available for such 

10 purposes, may be used for administrative expenses related 

11 to the operation and management of the demining pro12 gram: Provided further, That funds appropriated under 

13 this heading that are available for ‘‘Anti-terrorism Assist14 ance’’ and ‘‘Export Control and Border Security’’ shall re15 main available until September 30, 2011. 

16 MIGRATION AND REFUGEE ASSISTANCE

17 For necessary expenses, not otherwise provided for, 

18 to enable the Secretary of State to provide, as authorized 

19 by law, a contribution to the International Committee of 

20 the Red Cross, assistance to refugees, including contribu21 tions to the International Organization for Migration and 

22 the United Nations High Commissioner for Refugees, and 

23 other activities to meet refugee and migration needs; sala24 ries and expenses of personnel and dependents as author25 ized by the Foreign Service Act of 1980; allowances as 
46 

•S 1434 PCS

1 authorized by sections 5921 through 5925 of title 5, 

2 United States Code; purchase and hire of passenger motor 

3 vehicles; and services as authorized by section 3109 of title 

4 5, United States Code, $1,677,800,000, to remain avail5 able until expended: Provided, That of the funds appro6 priated under this heading, $25,000,000 shall be made 

7 available for refugees resettling in Israel: Provided further, 

8 That none of the funds made available pursuant to the 

9 previous proviso may be made available for assistance for 

10 any refugee who resides in any Israeli settlement or out11 post in the West Bank. 

12 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

13 ASSISTANCE FUND

14 For necessary expenses to carry out the provisions 

15 of section 2(c) of the Migration and Refugee Assistance 

16 Act of 1962, as amended (22 U.S.C. 2601(c)), 

17 $75,000,000, to remain available until expended: Pro18 vided, That funds made available under this heading are 

19 appropriated notwithstanding the provisions contained in 

20 section 2(c)(2) of such Act which would limit the amount 

21 of funds which could be appropriated for this purpose. 
47 

•S 1434 PCS

1 INDEPENDENT AGENCIES

2 PEACE CORPS

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses to carry out the provisions 

5 of the Peace Corps Act (22 U.S.C. 2501–2523), 

6 $373,440,000, to remain available until September 30, 

7 2011: Provided, That none of the funds appropriated 

8 under this heading shall be used to pay for abortions: Pro9 vided further, That the Director of the Peace Corps may 

10 transfer to the Foreign Currency Fluctuations Account, 

11 as authorized by 22 U.S.C. 2515, an amount not to exceed 

12 $5,000,000: Provided further, That funds transferred pur13 suant to the previous proviso may not be derived from 

14 amounts made available for Peace Corps overseas oper15 ations: Provided further, That of the funds appropriated 

16 under this heading, not to exceed $4,000 may be made 

17 available for entertainment expenses: Provided further, 

18 That any decision to open a new domestic office or to 

19 close, or significantly reduce the number of personnel of, 

20 any office, shall be subject to prior consultation with the 

21 Committees on Appropriations: Provided further, That not 

22 later than 180 days after enactment of this Act, the Direc23 tor of the Peace Corps shall submit a report to the Com24 mittees on Appropriations and Foreign Relations of the 

25 Senate, and the Committees on Appropriations and For-
48 

•S 1434 PCS

1 eign Affairs of the House of Representatives, consistent 

2 with the requirements of section 3 of the Peace Corps Im3 provement and Expansion Act of 2009 (S. 1382), as intro4 duced in the Senate on June 25, 2009. 

5 MILLENNIUM CHALLENGE CORPORATION

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to carry out the provisions 

8 of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 

9 et seq.), $950,000,000 to remain available until expended: 

10 Provided, That of the funds appropriated under this head11 ing, up to $95,000,000 may be available for administrative 

12 expenses of the Millennium Challenge Corporation (the 

13 Corporation): Provided further, That up to 10 percent of 

14 the funds appropriated under this heading may be made 

15 available to carry out the purposes of section 616 of the 

16 Millennium Challenge Act of 2003 for fiscal year 2010: 

17 Provided further, That none of the funds available to carry 

18 out section 616 of such Act may be made available until 

19 the Chief Executive Officer of the Corporation provides 

20 a report to the Committees on Appropriations listing the 

21 candidate countries that will be receiving assistance under 

22 section 616 of such Act, the level of assistance proposed 

23 for each such country, a description of the proposed pro24 grams, projects and activities, and the implementing agen25 cy or agencies of the United States Government: Provided 
49 

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1 further, That section 605(e)(4) of such Act shall apply to 

2 funds appropriated under this heading: Provided further, 

3 That funds appropriated under this heading should be 

4 made available for a Millennium Challenge Compact en5 tered into pursuant to section 609 of such Act only if such 

6 Compact obligates, or contains a commitment to obligate 

7 subject to the availability of funds and the mutual agree8 ment of the parties to the Compact to proceed, the entire 

9 amount of the United States Government funding antici10 pated for the duration of the Compact: Provided further, 

11 That the Corporation should reimburse the United States 

12 Agency for International Development (USAID) for all ex13 penses incurred by USAID with funds appropriated under 

14 this heading in assisting the Corporation in carrying out 

15 such Act, including administrative costs for compact devel16 opment, negotiation, and implementation: Provided fur17 ther, That funds appropriated by this Act or any prior Act 

18 appropriating funds for the Department of State, foreign 

19 operations, and related programs that are made available 

20 for a Millennium Challenge Compact and that are sus21 pended or terminated by the Chief Executive Officer of 

22 the Corporation shall be subject to the regular notification 

23 procedures of the Committees on Appropriations prior to 

24 re-obligation: Provided further, That of the funds appro25 priated under this heading, not to exceed $100,000 shall 
50 

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1 be available for representation and entertainment allow2 ances, of which not to exceed $5,000 shall be available 

3 for entertainment allowances. 

4 INTER-AMERICAN FOUNDATION

5 For necessary expenses to carry out the functions of 

6 the Inter-American Foundation in accordance with the 

7 provisions of section 401 of the Foreign Assistance Act 

8 of 1961, $23,000,000, to remain available until September 

9 30, 2011: Provided, That of the funds appropriated under 

10 this heading, not to exceed $2,000 may be available for 

11 entertainment and representation allowances. 

12 AFRICAN DEVELOPMENT FOUNDATION

13 For necessary expenses to carry out title V of the 

14 International Security and Development Cooperation Act 

15 of 1980 (Public Law 96–533), $30,000,000, to remain 

16 available until September 30, 2011: Provided, That funds 

17 made available to grantees may be invested pending ex18 penditure for project purposes when authorized by the 

19 Board of Directors of the Foundation: Provided further, 

20 That interest earned shall be used only for the purposes 

21 for which the grant was made: Provided further, That not22 withstanding section 505(a)(2) of the African Develop23 ment Foundation Act, in exceptional circumstances the 

24 Board of Directors of the Foundation may waive the 

25 $250,000 limitation contained in that section with respect 
51 

•S 1434 PCS

1 to a project and a project may exceed the limitation by 

2 up to $10,000 if the increase is due solely to foreign cur3 rency fluctuation: Provided further, That the Foundation 

4 shall provide a report to the Committees on Appropria5 tions after each time such waiver authority is exercised. 

6 DEPARTMENT OF THE TREASURY

7 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

8 For necessary expenses to carry out the provisions 

9 of section 129 of the Foreign Assistance Act of 1961, 

10 $30,000,000, to remain available until September 30, 

11 2012, which shall be available notwithstanding any other 

12 provision of law. 

13 DEBT RESTRUCTURING

14 For the cost, as defined in section 502 of the Con15 gressional Budget Act of 1974, of modifying loans and 

16 loan guarantees, as the President may determine, for 

17 which funds have been appropriated or otherwise made 

18 available for programs within the International Affairs 

19 Budget Function 150, including the cost of selling, reduc20 ing, or canceling amounts owed to the United States as 

21 a result of concessional loans made to eligible countries, 

22 pursuant to parts IV and V of the Foreign Assistance Act 

23 of 1961, of modifying concessional credit agreements with 

24 least developed countries, as authorized under section 411 

25 of the Agricultural Trade Development and Assistance Act 
52 

•S 1434 PCS

1 of 1954, as amended, of concessional loans, guarantees 

2 and credit agreements, as authorized under section 572 

3 of the Foreign Operations, Export Financing, and Related 

4 Programs Appropriations Act, 1989 (Public Law 100– 

5 461), and of canceling amounts owed, as a result of loans 

6 or guarantees made pursuant to the Export-Import Bank 

7 Act of 1945, by countries that are eligible for debt reduc8 tion pursuant to title V of H.R. 3425 as enacted into law 

9 by section 1000(a)(5) of Public Law 106–113, 

10 $60,000,000, to remain available until September 30, 

11 2012: Provided, That not less than $20,000,000 of the 

12 funds appropriated under this heading shall be made avail13 able to carry out the provisions of part V of the Foreign 

14 Assistance Act of 1961: Provided further, That amounts 

15 paid to the Heavily Indebted Poor Countries (HIPC) 

16 Trust Fund may be used only to fund debt reduction 

17 under the enhanced HIPC initiative by— 

18 (1) the Inter-American Development Bank; 

19 (2) the African Development Fund; 

20 (3) the African Development Bank; and 

21 (4) the Central American Bank for Economic 

22 Integration: 

23 Provided further, That funds may not be paid to the HIPC 

24 Trust Fund for the benefit of any country if the Secretary 

25 of State has credible evidence that the central government 
53 

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1 of such country is engaged in a consistent pattern of gross 

2 violations of internationally recognized human rights or in 

3 military or civil conflict that undermines its ability to de4 velop and implement measures to alleviate poverty and to 

5 devote adequate human and financial resources to that 

6 end: Provided further, That on the basis of final appropria7 tions, the Secretary of the Treasury shall consult with the 

8 Committees on Appropriations concerning which countries 

9 and international financial institutions are expected to 

10 benefit from a United States contribution to the HIPC 

11 Trust Fund during the fiscal year: Provided further, That 

12 the Secretary of the Treasury shall notify the Committees 

13 on Appropriations not less than 15 days in advance of the 

14 signature of an agreement by the United States to make 

15 payments to the HIPC Trust Fund of amounts for such 

16 countries and institutions: Provided further, That the Sec17 retary of the Treasury may disburse funds designated for 

18 debt reduction through the HIPC Trust Fund only for the 

19 benefit of countries that— 

20 (1) have committed, for a period of 24 months, 

21 not to accept new market-rate loans from the inter22 national financial institution receiving debt repay23 ment as a result of such disbursement, other than 

24 loans made by such institutions to export-oriented 

25 commercial projects that generate foreign exchange 
54 

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1 which are generally referred to as ‘‘enclave’’ loans; 

2 and 

3 (2) have documented and demonstrated their 

4 commitment to redirect their budgetary resources 

5 from international debt repayments to programs to 

6 alleviate poverty and promote economic growth that 

7 are additional to or expand upon those previously 

8 available for such purposes: 

9 Provided further, That any limitation of subsection (e) of 

10 section 411 of the Agricultural Trade Development and 

11 Assistance Act of 1954 shall not apply to funds appro12 priated under this heading: Provided further, That none 

13 of the funds made available under this heading in this or 

14 any other appropriations Act shall be made available for 

15 Sudan or Burma unless the Secretary of the Treasury de16 termines and notifies the Committees on Appropriations 

17 that a democratically elected government has taken office. 

18 TITLE IV 

19 INTERNATIONAL SECURITY ASSISTANCE 

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 PEACEKEEPING OPERATIONS

22 For necessary expenses to carry out the provisions 

23 of section 551 of the Foreign Assistance Act of 1961, 

24 $331,500,000: Provided, That funds appropriated under 

25 this heading may be used, notwithstanding section 660 of 
55 

•S 1434 PCS

1 such Act, to provide assistance to enhance the capacity 

2 of foreign civilian security forces to participate in peace3 keeping operations: Provided further, That of the funds 

4 appropriated under this heading, up to $102,000,000 may 

5 be made available for assistance for Somalia, of which up 

6 to $55,000,000 may be used to pay assessed expenses of 

7 international peacekeeping activities in Somalia: Provided 

8 further, That of the funds appropriated under this head9 ing, not less than $26,000,000 shall be made available for 

10 a United States contribution to the Multinational Force 

11 and Observers mission in the Sinai: Provided further, That 

12 none of the funds appropriated under this heading shall 

13 be obligated or expended except as provided through the 

14 regular notification procedures of the Committees on Ap15 propriations. 

16 INTERNATIONAL MILITARY EDUCATION AND TRAINING

17 For necessary expenses to carry out the provisions 

18 of section 541 of the Foreign Assistance Act of 1961, 

19 $105,150,000, of which up to $4,000,000 may remain 

20 available until expended and may only be provided through 

21 the regular notification procedures of the Committees on 

22 Appropriations: Provided, That the civilian personnel for 

23 whom military education and training may be provided 

24 under this heading may include civilians who are not mem25 bers of a government whose participation would contribute 
56 

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1 to improved civil-military relations, civilian control of the 

2 military, or respect for human rights: Provided further, 

3 That funds made available under this heading for assist4 ance for Angola, Bangladesh, Cameroon, Central African 

5 Republic, Chad, Cote d’Ivoire, Democratic Republic of the 

6 Congo, Ethiopia, Guatemala, Guinea, Haiti, Kenya, Libya, 

7 Nepal, and Sri Lanka may only be provided through the 

8 regular notification procedures of the Committees on Ap9 propriations and any such notification shall include a de10 tailed description of proposed activities, and none of the 

11 funds appropriated under this heading may be made avail12 able for assistance for Equatorial Guinea: Provided fur13 ther, That of the funds appropriated under this heading, 

14 not to exceed $55,000 shall be available for entertainment 

15 allowances. 

16 FOREIGN MILITARY FINANCING PROGRAM

17 For necessary expenses for grants to enable the 

18 President to carry out the provisions of section 23 of the 

19 Arms Export Control Act, $3,989,000,000: Provided, 

20 That to expedite the provision of assistance to foreign 

21 countries and international organizations, the Secretary of 

22 State, following consultation with the Committees on Ap23 propriations and subject to the regular notification proce24 dures of such Committees, may use the funds appro25 priated under this heading to procure defense articles and 
57 

•S 1434 PCS

1 services to enhance the capacity of foreign security forces: 

2 Provided further, That funds appropriated under this 

3 heading for assistance for Pakistan may be made available 

4 only for border security, counter-terrorism and law en5 forcement activities directed against Al Qaeda, the 

6 Taliban and associated terrorist groups: Provided further, 

7 That none of the funds made available under this heading 

8 shall be made available to support or continue any pro9 gram initially funded under the authority of section 1206 

10 of the National Defense Authorization Act for Fiscal Year 

11 2006 (Public Law 109–163; 119 Stat. 3456) unless the 

12 Secretary of State has previously justified such program 

13 to the Committees on Appropriations: Provided further, 

14 That funds appropriated or otherwise made available by 

15 this paragraph shall be nonrepayable notwithstanding any 

16 requirement in section 23 of the Arms Export Control Act: 

17 Provided further, That funds made available under this 

18 paragraph shall be obligated upon apportionment in ac19 cordance with paragraph (5)(C) of title 31, United States 

20 Code, section 1501(a): Provided further, That not less 

21 than $2,000,000 of the funds appropriated under this 

22 heading shall be transferred to, and merged with, funds 

23 appropriated by this Act under the heading ‘‘Diplomatic 

24 and Consular Programs’’ to be made available to the Bu25 reau of Democracy, Human Rights and Labor, Depart-
58 

•S 1434 PCS

1 ment of State, to support monitoring of the uses of assist2 ance made available under this heading, in addition to 

3 amounts otherwise available for such purposes, subject to 

4 prior consultation with the Committees on Appropriations. 

5 None of the funds made available under this heading 

6 shall be available to finance the procurement of defense 

7 articles, defense services, or design and construction serv8 ices that are not sold by the United States Government 

9 under the Arms Export Control Act unless the foreign 

10 country proposing to make such procurements has first 

11 signed an agreement with the United States Government 

12 specifying the conditions under which such procurements 

13 may be financed with such funds: Provided, That all coun14 try and funding level increases in allocations shall be sub15 mitted through the regular notification procedures of sec16 tion 7015 of this Act: Provided further, That none of the 

17 funds appropriated under this heading may be made avail18 able for assistance for Bangladesh, Cambodia, Democratic 

19 Republic of the Congo, Ethiopia, Guatemala, Haiti, Indo20 nesia, Kenya, Nepal, Pakistan, Philippines, and Sri Lanka 

21 except pursuant to the regular notification procedures of 

22 the Committees on Appropriations: Provided further, That 

23 funds made available under this heading may be used, not24 withstanding any other provision of law, for demining, the 

25 clearance of unexploded ordnance, and related activities, 
59 

•S 1434 PCS

1 and may include activities implemented through non2 governmental and international organizations: Provided 

3 further, That only those countries for which assistance was 

4 justified for the ‘‘Foreign Military Sales Financing Pro5 gram’’ in the fiscal year 1989 congressional presentation 

6 for security assistance programs may utilize funds made 

7 available under this heading for procurement of defense 

8 articles, defense services or design and construction serv9 ices that are not sold by the United States Government 

10 under the Arms Export Control Act: Provided further, 

11 That funds appropriated under this heading shall be ex12 pended at the minimum rate necessary to make timely 

13 payment for defense articles and services: Provided fur14 ther, That not more than $52,464,000 of the funds appro15 priated under this heading may be obligated for necessary 

16 expenses, including the purchase of passenger motor vehi17 cles for replacement only for use outside of the United 

18 States, for the general costs of administering military as19 sistance and sales, except that this limitation may be ex20 ceeded only through the regular notification procedures of 

21 the Committees on Appropriations: Provided further, That 

22 of the funds appropriated under this heading for general 

23 costs of administering military assistance and sales, not 

24 to exceed $4,000 shall be available for entertainment ex25 penses and not to exceed $130,000 shall be available for 
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1 representation allowances: Provided further, That not 

2 more than $550,000,000 of funds realized pursuant to 

3 section 21(e)(1)(A) of the Arms Export Control Act may 

4 be obligated for expenses incurred by the Department of 

5 Defense during fiscal year 2010 pursuant to section 43(b) 

6 of such Act, except that this limitation may be exceeded 

7 only through the regular notification procedures of the 

8 Committees on Appropriations. 

9 TITLE V 

10 MULTILATERAL ASSISTANCE 

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

13 For necessary expenses to carry out the provisions 

14 of section 301 of the Foreign Assistance Act of 1961, and 

15 of section 2 of the United Nations Environment Program 

16 Participation Act of 1973, $393,000,000: Provided, That 

17 section 307(a) of the Foreign Assistance Act of 1961 shall 

18 not apply to contributions to the United Nations Democ19 racy Fund. 

20 INTERNATIONAL FINANCIAL INSTITUTIONS

21 GLOBAL ENVIRONMENT FACILITY

22 For the United States contribution for the Global En23 vironment Facility, $86,500,000, to the International 

24 Bank for Reconstruction and Development as trustee for 
61 

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1 the Global Environment Facility, by the Secretary of the 

2 Treasury, to remain available until expended. 

3 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

4 ASSOCIATION

5 For payment to the International Development Asso6 ciation by the Secretary of the Treasury, $1,320,000,000, 

7 to remain available until expended. 

8 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

9 For contributions to the multilateral Clean Tech10 nology Fund, $400,000,000, to remain available until ex11 pended. 

12 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

13 For contributions to the multilateral Strategic Cli14 mate Fund, $75,000,000, to remain available until ex15 pended. 

16 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

17 BANK

18 For payment to the Inter-American Investment Cor19 poration by the Secretary of the Treasury, $4,670,000, to 

20 remain available until expended. 

21 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

22 MULTILATERAL INVESTMENT FUND

23 For payment to the Enterprise for the Americas Mul24 tilateral Investment Fund by the Secretary of the Treas25 ury, $25,000,000, to remain available until expended. 
62 

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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

2 For the United States contribution by the Secretary 

3 of the Treasury to the increase in resources of the Asian 

4 Development Fund, as authorized by the Asian Develop5 ment Bank Act, as amended, $115,250,000, to remain 

6 available until expended. 

7 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

8 For the United States contribution by the Secretary 

9 of the Treasury to the increase in resources of the African 

10 Development Fund, $159,885,000, to remain available 

11 until expended. 

12 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

13 AGRICULTURAL DEVELOPMENT

14 For the United States contribution by the Secretary 

15 of the Treasury to increase the resources of the Inter16 national Fund for Agricultural Development, 

17 $30,000,000, to remain available until expended. 

18 TITLE VI 

19 EXPORT AND INVESTMENT ASSISTANCE 

20 EXPORT-IMPORT BANK OF THE UNITED STATES

21 INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

24 General Act of 1978, as amended, $2,500,000, to remain 

25 available until September 30, 2011. 
63 

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1 PROGRAM ACCOUNT

2 The Export-Import Bank of the United States is au3 thorized to make such expenditures within the limits of 

4 funds and borrowing authority available to such corpora5 tion, and in accordance with law, and to make such con6 tracts and commitments without regard to fiscal year limi7 tations, as provided by section 104 of the Government 

8 Corporation Control Act, as may be necessary in carrying 

9 out the program for the current fiscal year for such cor10 poration: Provided, That none of the funds available dur11 ing the current fiscal year may be used to make expendi12 tures, contracts, or commitments for the export of nuclear 

13 equipment, fuel, or technology to any country, other than 

14 a nuclear-weapon state as defined in Article IX of the 

15 Treaty on the Non-Proliferation of Nuclear Weapons eligi16 ble to receive economic or military assistance under this 

17 Act, that has detonated a nuclear explosive after the date 

18 of the enactment of this Act: Provided further, That not19 withstanding section 1(c) of Public Law 103–428, as 

20 amended, sections 1(a) and (b) of Public Law 103–428 

21 shall remain in effect through October 1, 2010: Provided 

22 further, That not less than 10 percent of the aggregate 

23 loan, guarantee, and insurance authority available to the 

24 Export-Import Bank under this Act should be used for 
64 

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1 renewable energy technologies or end-use energy efficiency 

2 technologies. 

3 SUBSIDY APPROPRIATION

4 For the cost of direct loans, loan guarantees, insur5 ance, and tied-aid grants as authorized by section 10 of 

6 the Export-Import Bank Act of 1945, as amended, not 

7 to exceed $58,000,000: Provided, That such costs, includ8 ing the cost of modifying such loans, shall be as defined 

9 in section 502 of the Congressional Budget Act of 1974: 

10 Provided further, That such funds shall remain available 

11 until September 30, 2025, for the disbursement of direct 

12 loans, loan guarantees, insurance and tied-aid grants obli13 gated in fiscal years 2010, 2011, 2012, and 2013: Pro14 vided further, That none of the funds appropriated by this 

15 Act or any prior Acts appropriating funds for the Depart16 ment of State, foreign operations, and related programs 

17 for tied-aid credits or grants may be used for any other 

18 purpose except through the regular notification procedures 

19 of the Committees on Appropriations: Provided further, 

20 That funds appropriated by this paragraph are made 

21 available notwithstanding section 2(b)(2) of the Export22 Import Bank Act of 1945, in connection with the purchase 

23 or lease of any product by any Eastern European country, 

24 any Baltic State or any agency or national thereof. 
65 

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1 ADMINISTRATIVE EXPENSES

2 For administrative expenses to carry out the direct 

3 and guaranteed loan and insurance programs, including 

4 hire of passenger motor vehicles and services as authorized 

5 by 5 U.S.C. 3109, and not to exceed $30,000 for official 

6 reception and representation expenses for members of the 

7 Board of Directors, not to exceed $83,880,000: Provided, 

8 That the Export-Import Bank may accept, and use, pay9 ment or services provided by transaction participants for 

10 legal, financial, or technical services in connection with 

11 any transaction for which an application for a loan, guar12 antee or insurance commitment has been made: Provided 

13 further, That notwithstanding subsection (b) of section 

14 117 of the Export Enhancement Act of 1992, subsection 

15 (a) thereof shall remain in effect until October 1, 2010. 

16 RECEIPTS COLLECTED

17 Receipts collected pursuant to the Export-Import 

18 Bank Act of 1945, as amended, and the Federal Credit 

19 Reform Act of 1990, as amended, in an amount not to 

20 exceed the amount appropriated herein, shall be credited 

21 as offsetting collections to this account: Provided, That the 

22 sums herein appropriated from the General Fund shall be 

23 reduced on a dollar-for-dollar basis by such offsetting col24 lections so as to result in a final fiscal year appropriation 

25 from the General Fund estimated at $0: Provided further, 
66 

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1 That amounts collected in fiscal year 2010 in excess of 

2 obligations shall become available on September 1, 2010 

3 and shall remain available until September 30, 2013. 

4 OVERSEAS PRIVATE INVESTMENT CORPORATION

5 NONCREDIT ACCOUNT

6 The Overseas Private Investment Corporation is au7 thorized to make, without regard to fiscal year limitations, 

8 as provided by 31 U.S.C. 9104, such expenditures and 

9 commitments within the limits of funds available to it and 

10 in accordance with law as may be necessary: Provided, 

11 That the amount available for administrative expenses to 

12 carry out the credit and insurance programs (including an 

13 amount for official reception and representation expenses 

14 which shall not exceed $35,000) shall not exceed 

15 $52,310,000: Provided further, That project-specific trans16 action costs, including direct and indirect costs incurred 

17 in claims settlements, and other direct costs associated 

18 with services provided to specific investors or potential in19 vestors pursuant to section 234 of the Foreign Assistance 

20 Act of 1961, shall not be considered administrative ex21 penses for the purposes of this heading. 

22 PROGRAM ACCOUNT

23 For the cost of direct and guaranteed loans, 

24 $29,000,000, as authorized by section 234 of the Foreign 

25 Assistance Act of 1961, to be derived by transfer from 
67 

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1 the Overseas Private Investment Corporation Noncredit 

2 Account: Provided, That such costs, including the cost of 

3 modifying such loans, shall be as defined in section 502 

4 of the Congressional Budget Act of 1974: Provided fur5 ther, That such sums shall be available for direct loan obli6 gations and loan guaranty commitments incurred or made 

7 during fiscal years 2010, 2011, and 2012: Provided fur8 ther, That funds so obligated in fiscal year 2010 remain 

9 available for disbursement through 2018; funds obligated 

10 in fiscal year 2011 remain available for disbursement 

11 through 2019; and funds obligated in fiscal year 2012 re12 main available for disbursement through 2020: Provided 

13 further, That notwithstanding any other provision of law, 

14 the Overseas Private Investment Corporation is authorized 

15 to undertake any program authorized by title IV of the 

16 Foreign Assistance Act of 1961 in Iraq: Provided further, 

17 That funds made available pursuant to the authority of 

18 the previous proviso shall be subject to the regular notifi19 cation procedures of the Committees on Appropriations. 

20 In addition, such sums as may be necessary for ad21 ministrative expenses to carry out the credit program may 

22 be derived from amounts available for administrative ex23 penses to carry out the credit and insurance programs in 

24 the Overseas Private Investment Corporation Noncredit 

25 Account and merged with said account. 
68 

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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 TRADE AND DEVELOPMENT AGENCY

3 For necessary expenses to carry out the provisions 

4 of section 661 of the Foreign Assistance Act of 1961, 

5 $55,200,000, to remain available until September 30, 

6 2011: Provided, That of the funds appropriated under this 

7 heading, not more than $4,000 may be available for rep8 resentation and entertainment allowances. 

9 TITLE VII 

10 GENERAL PROVISIONS 

11 ALLOWANCES AND DIFFERENTIALS

12 SEC. 7001. Funds appropriated under title I of this 

13 Act shall be available, except as otherwise provided, for 

14 allowances and differentials as authorized by subchapter 

15 59 of title 5, United States Code; for services as author16 ized by 5 U.S.C. 3109; and for hire of passenger transpor17 tation pursuant to 31 U.S.C. 1343(b). 

18 UNOBLIGATED BALANCES REPORT

19 SEC. 7002. Any department or agency of the United 

20 States Government to which funds are appropriated or 

21 otherwise made available by this Act shall provide to the 

22 Committees on Appropriations a quarterly accounting of 

23 cumulative balances by program, project, and activity of 

24 the funds received by such department or agency in this 
69 

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1 fiscal year or any previous fiscal year that remain unobli2 gated and unexpended. 

3 CONSULTING SERVICES

4 SEC. 7003. The expenditure of any appropriation 

5 under title I of this Act for any consulting service through 

6 procurement contract, pursuant to 5 U.S.C. 3109, shall 

7 be limited to those contracts where such expenditures are 

8 a matter of public record and available for public inspec9 tion, except where otherwise provided under existing law, 

10 or under existing Executive order issued pursuant to exist11 ing law. 

12 EMBASSY CONSTRUCTION

13 SEC. 7004. (a) Of funds provided under title I of this 

14 Act, except as provided in subsection (b), a project to con15 struct a diplomatic facility of the United States may not 

16 include office space or other accommodations for an em17 ployee of a Federal agency or department if the Secretary 

18 of State determines that such department or agency has 

19 not provided to the Department of State the full amount 

20 of funding required by subsection (e) of section 604 of 

21 the Secure Embassy Construction and Counterterrorism 

22 Act of 1999 (as enacted into law by section 1000(a)(7) 

23 of Public Law 106–113 and contained in appendix G of 

24 that Act; 113 Stat. 1501A–453), as amended by section 

25 629 of the Departments of Commerce, Justice, and State, 
70 

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1 the Judiciary, and Related Agencies Appropriations Act, 

2 2005. 

3 (b) Notwithstanding the prohibition in subsection (a), 

4 a project to construct a diplomatic facility of the United 

5 States may include office space or other accommodations 

6 for members of the United States Marine Corps. 

7 (c) None of the funds appropriated by this Act may 

8 be made available to pay for the acquisition of property 

9 for diplomatic facilities in Afghanistan. 

10 PERSONNEL ACTIONS

11 SEC. 7005. Any costs incurred by a department or 

12 agency funded under title I of this Act resulting from per13 sonnel actions taken in response to funding reductions in14 cluded in this Act shall be absorbed within the total budg15 etary resources available under title I to such department 

16 or agency: Provided, That the authority to transfer funds 

17 between appropriations accounts as may be necessary to 

18 carry out this section is provided in addition to authorities 

19 included elsewhere in this Act: Provided further, That use 

20 of funds to carry out this section shall be treated as a 

21 reprogramming of funds under section 7015 of this Act 

22 and shall not be available for obligation or expenditure ex23 cept in compliance with the procedures set forth in that 

24 section. 
71 

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1 PROHIBITION ON PUBLICITY OR PROPAGANDA

2 SEC. 7006. No part of any appropriation contained 

3 in this Act shall be used for publicity or propaganda pur4 poses within the United States not authorized before the 

5 date of the enactment of this Act by the Congress: Pro6 vided, That not to exceed $25,000 may be made available 

7 to carry out the provisions of section 316 of Public Law 

8 96–533. 

9 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

10 COUNTRIES

11 SEC. 7007. None of the funds appropriated or other12 wise made available pursuant to titles III through VI of 

13 this Act shall be obligated or expended to finance directly 

14 any assistance or reparations for the governments of 

15 Cuba, North Korea, Iran, or Syria: Provided, That for 

16 purposes of this section, the prohibition on obligations or 

17 expenditures shall include direct loans, credits, insurance 

18 and guarantees of the Export-Import Bank or its agents. 

19 MILITARY COUPS

20 SEC. 7008. None of the funds appropriated or other21 wise made available pursuant to titles III through VI of 

22 this Act shall be obligated or expended to finance directly 

23 any assistance to the government of any country whose 

24 duly elected head of government is deposed by military 

25 coup or decree: Provided, That assistance may be resumed 
72 

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1 to such government if the President certifies in writing 

2 to the Committees on Appropriations that subsequent to 

3 the termination of assistance a democratically elected gov4 ernment has taken office: Provided further, That the provi5 sions of this section shall not apply to assistance to pro6 mote democratic elections or public participation in demo7 cratic processes: Provided further, That funds made avail8 able pursuant to the previous provisos shall be subject to 

9 the regular notification procedures of the Committees on 

10 Appropriations. 

11 TRANSFER AUTHORITY

12 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD13 CASTING BOARD OF GOVERNORS.—Not to exceed 5 per14 cent of any appropriation made available for the current 

15 fiscal year for the Department of State under title I of 

16 this Act may be transferred between such appropriations, 

17 but no such appropriation, except as otherwise specifically 

18 provided, shall be increased by more than 10 percent by 

19 any such transfers: Provided, That not to exceed 5 percent 

20 of any appropriation made available for the current fiscal 

21 year for the Broadcasting Board of Governors under title 

22 I of this Act may be transferred between such appropria23 tions, but no such appropriation, except as otherwise spe24 cifically provided, shall be increased by more than 10 per25 cent by any such transfers: Provided further, That any 
73 

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1 transfer pursuant to this section shall be treated as a re2 programming of funds under section 7015(a) and (b) of 

3 this Act and shall not be available for obligation or ex4 penditure except in compliance with the procedures set 

5 forth in that section. 

6 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

7 Not to exceed 5 percent of any appropriation other than 

8 for administrative expenses made available for fiscal year 

9 2010, for programs under title VI of this Act may be 

10 transferred between such appropriations for use for any 

11 of the purposes, programs, and activities for which the 

12 funds in such receiving account may be used, but no such 

13 appropriation, except as otherwise specifically provided, 

14 shall be increased by more than 25 percent by any such 

15 transfer: Provided, That the exercise of such authority 

16 shall be subject to the regular notification procedures of 

17 the Committees on Appropriations. 

18 (c) LIMITATION ON TRANSFERS BETWEEN AGEN19 CIES.— 

20 (1) None of the funds made available under ti21 tles II through V of this Act may be transferred to 

22 any department, agency, or instrumentality of the 

23 United States Government, except pursuant to a 

24 transfer made by, or transfer authority provided in, 

25 this Act or any other appropriation Act. 
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1 (2) Notwithstanding paragraph (1), in addition 

2 to transfers made by, or authorized elsewhere in, 

3 this Act, funds appropriated by this Act to carry out 

4 the purposes of the Foreign Assistance Act of 1961 

5 may be allocated or transferred to agencies of the 

6 United States Government pursuant to the provi7 sions of sections 109, 610, and 632 of the Foreign 

8 Assistance Act of 1961. 

9 (d) TRANSFERS BETWEEN ACCOUNTS.—None of the 

10 funds made available under titles II through V of this Act 

11 may be obligated under an appropriation account to which 

12 they were not appropriated, except for transfers specifi13 cally provided for in this Act, unless the President, not 

14 less than 5 days prior to the exercise of any authority con15 tained in the Foreign Assistance Act of 1961 to transfer 

16 funds, consults with and provides a written policy jus17 tification to the Committees on Appropriations. 

18 (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any 

19 agreement for the transfer or allocation of funds appro20 priated by this Act, or prior Acts, entered into between 

21 the United States Agency for International Development 

22 and another agency of the United States Government 

23 under the authority of section 632(a) of the Foreign As24 sistance Act of 1961 or any comparable provision of law, 

25 shall expressly provide that the Office of the Inspector 
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1 General for the agency receiving the transfer or allocation 

2 of such funds shall perform periodic program and financial 

3 audits of the use of such funds: Provided, That funds 

4 transferred under such authority may be made available 

5 for the cost of such audits. 

6 REPORTING REQUIREMENT

7 SEC. 7010. The Secretary of State shall provide the 

8 Committees on Appropriations, not later than April 1, 

9 2010, and for each fiscal quarter, a report in writing on 

10 the uses of funds made available under the headings ‘‘For11 eign Military Financing Program’’, ‘‘International Mili12 tary Education and Training’’, and ‘‘Peacekeeping Oper13 ations’’: Provided, That such report shall include a de14 scription of the obligation and expenditure of funds, and 

15 the specific country in receipt of, and the use or purpose 

16 of the assistance provided by such funds. 

17 AVAILABILITY OF FUNDS

18 SEC. 7011. No part of any appropriation contained 

19 in this Act shall remain available for obligation after the 

20 expiration of the current fiscal year unless expressly so 

21 provided in this Act: Provided, That funds appropriated 

22 for the purposes of chapters 1, 8, 11, and 12 of part I, 

23 section 661, section 667, chapters 4, 5, 6, 8, and 9 of 

24 part II of the Foreign Assistance Act of 1961, section 23 

25 of the Arms Export Control Act, and funds provided under 
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1 the headings ‘‘Assistance for Europe, Eurasia and Central 

2 Asia’’ and ‘‘Development Credit Authority’’, shall remain 

3 available for an additional 4 years from the date on which 

4 the availability of such funds would otherwise have ex5 pired, if such funds are initially obligated before the expi6 ration of their respective periods of availability contained 

7 in this Act: Provided further, That, notwithstanding any 

8 other provision of this Act, any funds made available for 

9 the purposes of chapter 1 of part I and chapter 4 of part 

10 II of the Foreign Assistance Act of 1961 which are allo11 cated or obligated for cash disbursements in order to ad12 dress balance of payments or economic policy reform ob13 jectives, shall remain available until expended. 

14 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

15 SEC. 7012. No part of any appropriation provided 

16 under titles III through VI in this Act shall be used to 

17 furnish assistance to the government of any country which 

18 is in default during a period in excess of one calendar year 

19 in payment to the United States of principal or interest 

20 on any loan made to the government of such country by 

21 the United States pursuant to a program for which funds 

22 are appropriated under this Act unless the President de23 termines, following consultations with the Committees on 

24 Appropriations, that assistance for such country is in the 

25 national interest of the United States. 
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1 PROHIBITION ON TAXATION OF UNITED STATES

2 ASSISTANCE

3 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

4 of the funds appropriated under titles III through VI of 

5 this Act may be made available to provide assistance for 

6 a foreign country under a new bilateral agreement gov7 erning the terms and conditions under which such assist8 ance is to be provided unless such agreement includes a 

9 provision stating that assistance provided by the United 

10 States shall be exempt from taxation, or reimbursed, by 

11 the foreign government, and the Secretary of State shall 

12 expeditiously seek to negotiate amendments to existing bi13 lateral agreements, as necessary, to conform with this re14 quirement. 

15 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

16 amount equivalent to 200 percent of the total taxes as17 sessed during fiscal year 2010 on funds appropriated by 

18 this Act by a foreign government or entity against com19 modities financed under United States assistance pro20 grams for which funds are appropriated by this Act, either 

21 directly or through grantees, contractors and subcontrac22 tors shall be withheld from obligation from funds appro23 priated for assistance for fiscal year 2011 and allocated 

24 for the central government of such country and for the 

25 West Bank and Gaza program to the extent that the Sec-
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1 retary of State certifies and reports in writing to the Com2 mittees on Appropriations that such taxes have not been 

3 reimbursed to the Government of the United States. 

4 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

5 minimis nature shall not be subject to the provisions of 

6 subsection (b). 

7 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

8 from obligation for each country or entity pursuant to sub9 section (b) shall be reprogrammed for assistance to coun10 tries which do not assess taxes on United States assistance 

11 or which have an effective arrangement that is providing 

12 substantial reimbursement of such taxes. 

13 (e) DETERMINATIONS.— 

14 (1) The provisions of this section shall not 

15 apply to any country or entity the Secretary of State 

16 determines— 

17 (A) does not assess taxes on United States 

18 assistance or which has an effective arrange19 ment that is providing substantial reimburse20 ment of such taxes; or 

21 (B) the foreign policy interests of the 

22 United States outweigh the purpose of this sec23 tion to ensure that United States assistance is 

24 not subject to taxation. 
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1 (2) The Secretary of State shall consult with 

2 the Committees on Appropriations at least 15 days 

3 prior to exercising the authority of this subsection 

4 with regard to any country or entity. 

5 (f) IMPLEMENTATION.—The Secretary of State shall 

6 issue rules, regulations, or policy guidance, as appropriate, 

7 to implement the prohibition against the taxation of assist8 ance contained in this section. 

9 (g) DEFINITIONS.—As used in this section— 

10 (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to 

11 value added taxes and customs duties imposed on 

12 commodities financed with United States assistance 

13 for programs for which funds are appropriated by 

14 this Act; and 

15 (2) the term ‘‘bilateral agreement’’ refers to a 

16 framework bilateral agreement between the Govern17 ment of the United States and the government of 

18 the country receiving assistance that describes the 

19 privileges and immunities applicable to United 

20 States foreign assistance for such country generally, 

21 or an individual agreement between the Government 

22 of the United States and such government that de23 scribes, among other things, the treatment for tax 

24 purposes that will be accorded the United States as25 sistance provided under that agreement. 
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1 RESERVATIONS OF FUNDS

2 SEC. 7014. (a) Funds appropriated under titles II 

3 through VI of this Act which are specifically designated 

4 may be reprogrammed for other programs within the same 

5 account notwithstanding the designation if compliance 

6 with the designation is made impossible by operation of 

7 any provision of this or any other Act: Provided, That any 

8 such reprogramming shall be subject to the regular notifi9 cation procedures of the Committees on Appropriations: 

10 Provided further, That assistance that is reprogrammed 

11 pursuant to this subsection shall be made available under 

12 the same terms and conditions as originally provided. 

13 (b) In addition to the authority contained in sub14 section (a), the original period of availability of funds ap15 propriated by this Act and administered by the United 

16 States Agency for International Development (USAID) 

17 that are specifically designated for particular programs or 

18 activities by this or any other Act shall be extended for 

19 an additional fiscal year if the USAID Administrator de20 termines and reports promptly to the Committees on Ap21 propriations that the termination of assistance to a coun22 try or a significant change in circumstances makes it un23 likely that such designated funds can be obligated during 

24 the original period of availability: Provided, That such des25 ignated funds that continue to be available for an addi-
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1 tional fiscal year shall be obligated only for the purpose 

2 of such designation. 

3 (c) Ceilings and specifically designated funding levels 

4 contained in this Act shall not be applicable to funds or 

5 authorities appropriated or otherwise made available by 

6 any subsequent Act unless such Act specifically so directs: 

7 Provided, That specifically designated funding levels or 

8 minimum funding requirements contained in any other 

9 Act shall not be applicable to funds appropriated by this 

10 Act. 

11 REPROGRAMMING NOTIFICATION REQUIREMENTS

12 SEC. 7015. (a) None of the funds made available in 

13 title I of this Act, or in prior appropriations Acts to the 

14 agencies and departments funded by this Act that remain 

15 available for obligation or expenditure in fiscal year 2010, 

16 or provided from any accounts in the Treasury of the 

17 United States derived by the collection of fees or of cur18 rency reflows or other offsetting collections, or made avail19 able by transfer, to the agencies and departments funded 

20 by this Act, shall be available for obligation or expenditure 

21 through a reprogramming of funds that: (1) creates new 

22 programs; (2) eliminates a program, project, or activity; 

23 (3) increases funds or personnel by any means for any 

24 project or activity for which funds have been denied or 

25 restricted; (4) relocates an office or employees; (5) closes 
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1 or opens a mission or post; (6) reorganizes or renames 

2 offices; (7) reorganizes programs or activities; or (8) con3 tracts out or privatizes any functions or activities pres4 ently performed by Federal employees; unless the Commit5 tees on Appropriations are notified 15 days in advance of 

6 such reprogramming of funds. 

7 (b) For the purposes of providing the executive 

8 branch with the necessary administrative flexibility, none 

9 of the funds provided under title I of this Act, or provided 

10 under previous appropriations Acts to the agency or de11 partment funded under title I of this Act that remain 

12 available for obligation or expenditure in fiscal year 2010, 

13 or provided from any accounts in the Treasury of the 

14 United States derived by the collection of fees available 

15 to the agency or department funded by title I of this Act, 

16 shall be available for obligation or expenditure for activi17 ties, programs, or projects through a reprogramming of 

18 funds in excess of $1,000,000 or 10 percent, whichever 

19 is less, that: (1) augments existing programs, projects, or 

20 activities; (2) reduces by 10 percent funding for any exist21 ing program, project, or activity, or numbers of personnel 

22 by 10 percent as approved by Congress; or (3) results from 

23 any general savings, including savings from a reduction 

24 in personnel, which would result in a change in existing 

25 programs, activities, or projects as approved by Congress; 
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1 unless the Committees on Appropriations are notified 15 

2 days in advance of such reprogramming of funds. 

3 (c) For the purposes of providing the executive 

4 branch with the necessary administrative flexibility, none 

5 of the funds made available under titles II through V in 

6 this Act under the headings ‘‘Global Health and Child 

7 Survival’’, ‘‘Development Assistance’’, ‘‘International Or8 ganizations and Programs’’, ‘‘Trade and Development 

9 Agency’’, ‘‘International Narcotics Control and Law En10 forcement’’, ‘‘Assistance for Europe, Eurasia and Central 

11 Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, 

12 ‘‘Peacekeeping Operations’’, ‘‘Capital Investment Fund’’, 

13 ‘‘Operating Expenses’’, ‘‘Office of Inspector General’’, 

14 ‘‘Nonproliferation, Anti-terrorism, Demining and Related 

15 Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘For16 eign Military Financing Program’’, ‘‘International Mili17 tary Education and Training’’, ‘‘Peace Corps’’, and ‘‘Mi18 gration and Refugee Assistance’’, shall be available for ob19 ligation for activities, programs, projects, type of materiel 

20 assistance, countries, or other operations not justified or 

21 in excess of the amount justified to the Committees on 

22 Appropriations for obligation under any of these specific 

23 headings unless the Committees on Appropriations are no24 tified 15 days in advance: Provided, That the President 

25 shall not enter into any commitment of funds appropriated 
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1 for the purposes of section 23 of the Arms Export Control 

2 Act for the provision of major defense equipment, other 

3 than conventional ammunition, or other major defense 

4 items defined to be aircraft, ships, missiles, or combat ve5 hicles, not previously justified to Congress or 20 percent 

6 in excess of the quantities justified to Congress unless the 

7 Committees on Appropriations are notified 15 days in ad8 vance of such commitment: Provided further, That require9 ments of this subsection or any similar provision of any 

10 other Act shall not apply to any reprogramming for an 

11 activity, program, or project for which funds are appro12 priated under titles II through IV of this Act of less than 

13 10 percent of the amount previously justified to the Con14 gress for obligation for such activity, program, or project 

15 for the current fiscal year. 

16 (d) Notwithstanding any other provision of law, with 

17 the exception of funds transferred to, and merged with, 

18 funds appropriated under title I of this Act, funds trans19 ferred by the Department of Defense to the Department 

20 of State and the United States Agency for International 

21 Development for assistance for foreign countries and 

22 international organizations, and funds made available for 

23 programs authorized by section 1206 of the National De24 fense Authorization Act for Fiscal Year 2006 (Public Law 
85 

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1 109–163), shall be subject to the regular notification pro2 cedures of the Committees on Appropriations. 

3 (e) The requirements of this section or any similar 

4 provision of this Act or any other Act, including any prior 

5 Act requiring notification in accordance with the regular 

6 notification procedures of the Committees on Appropria7 tions, may be waived if failure to do so would pose a sub8 stantial risk to human health or welfare: Provided, That 

9 in case of any such waiver, notification to the Congress, 

10 or the appropriate congressional committees, shall be pro11 vided as early as practicable, but in no event later than 

12 3 days after taking the action to which such notification 

13 requirement was applicable, in the context of the cir14 cumstances necessitating such waiver: Provided further, 

15 That any notification provided pursuant to such a waiver 

16 shall contain an explanation of the emergency cir17 cumstances. 

18 (f) None of the funds appropriated under titles III 

19 through VI of this Act shall be obligated or expended for 

20 assistance for Serbia, Sudan, Zimbabwe, Pakistan, Sri 

21 Lanka, Somalia, Cuba, Iran, Haiti, Libya, Ethiopia, 

22 Nepal, Mexico, or Cambodia and countries listed in section 

23 7045(f)(4) of this Act except as provided through the reg24 ular notification procedures of the Committees on Appro25 priations. 
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1 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

2 SEC. 7016. Prior to providing excess Department of 

3 Defense articles in accordance with section 516(a) of the 

4 Foreign Assistance Act of 1961, the Department of De5 fense shall notify the Committees on Appropriations to the 

6 same extent and under the same conditions as other com7 mittees pursuant to subsection (f) of that section: Pro8 vided, That before issuing a letter of offer to sell excess 

9 defense articles under the Arms Export Control Act, the 

10 Department of Defense shall notify the Committees on 

11 Appropriations in accordance with the regular notification 

12 procedures of such Committees if such defense articles are 

13 significant military equipment (as defined in section 47(9) 

14 of the Arms Export Control Act) or are valued (in terms 

15 of original acquisition cost) at $7,000,000 or more, or if 

16 notification is required elsewhere in this Act for the use 

17 of appropriated funds for specific countries that would re18 ceive such excess defense articles: Provided further, That 

19 such Committees shall also be informed of the original ac20 quisition cost of such defense articles. 

21 LIMITATION ON AVAILABILITY OF FUNDS FOR

22 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

23 SEC. 7017. Subject to the regular notification proce24 dures of the Committees on Appropriations, funds appro25 priated under titles III through VI of this Act or any pre-
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1 viously enacted Act making appropriations for the Depart2 ment of State, foreign operations, and related programs, 

3 which are returned or not made available for organizations 

4 and programs because of the implementation of section 

5 307(a) of the Foreign Assistance Act of 1961, shall re6 main available for obligation until September 30, 2011. 

7 PROHIBITION ON FUNDING FOR ABORTIONS AND

8 INVOLUNTARY STERILIZATION

9 SEC. 7018. None of the funds made available to carry 

10 out part I of the Foreign Assistance Act of 1961, as 

11 amended, may be used to pay for the performance of abor12 tions as a method of family planning or to motivate or 

13 coerce any person to practice abortions. None of the funds 

14 made available to carry out part I of the Foreign Assist15 ance Act of 1961, as amended, may be used to pay for 

16 the performance of involuntary sterilization as a method 

17 of family planning or to coerce or provide any financial 

18 incentive to any person to undergo sterilizations. None of 

19 the funds made available to carry out part I of the Foreign 

20 Assistance Act of 1961, as amended, may be used to pay 

21 for any biomedical research which relates in whole or in 

22 part, to methods of, or the performance of, abortions or 

23 involuntary sterilization as a means of family planning. 

24 None of the funds made available to carry out part I of 

25 the Foreign Assistance Act of 1961, as amended, may be 
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1 obligated or expended for any country or organization if 

2 the President certifies that the use of these funds by any 

3 such country or organization would violate any of the 

4 above provisions related to abortions and involuntary steri5 lizations. 

6 ALLOCATIONS

7 SEC. 7019. (a) Funds provided in this Act for the 

8 following accounts shall be made available for programs 

9 and countries in the amounts contained in the respective 

10 tables included in the report accompanying this Act: 

11 ‘‘Civilian Stabilization Initiative’’. 

12 ‘‘Diplomatic and Consular Programs’’. 

13 ‘‘Educational and Cultural Exchange Pro14 grams’’. 

15 ‘‘International Fisheries Commissions’’. 

16 ‘‘International Broadcasting Operations’’. 

17 ‘‘Global Health and Child Survival’’. 

18 ‘‘Development Assistance’’. 

19 ‘‘Economic Support Fund’’. 

20 ‘‘Assistance for Europe, Eurasia and Central 

21 Asia’’. 

22 ‘‘International Narcotics Control and Law En23 forcement’’. 

24 ‘‘Nonproliferation, Anti-terrorism, Demining 

25 and Related Programs’’. 
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1 ‘‘Foreign Military Financing Program’’. 

2 ‘‘Peacekeeping Operations’’. 

3 ‘‘International Organizations and Programs’’. 

4 (b) For the purposes of implementing this section and 

5 only with respect to the tables included in the report ac6 companying this Act, the Secretary of State, the Adminis7 trator of the United States Agency for International De8 velopment and the Broadcasting Board of Governors, as 

9 appropriate, may propose deviations to the amounts ref10 erenced in subsection (a), subject to the regular notifica11 tion procedures of the Committees on Appropriations and 

12 section 634A of the Foreign Assistance Act of 1961. 

13 (c) The requirements contained in subsection (a) 

14 shall apply to the table under the headings ‘‘Bilateral Eco15 nomic Assistance’’ and ‘‘General Provisions’’ in such re16 port. 

17 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

18 SEC. 7020. None of the funds appropriated or other19 wise made available by this Act under the headings ‘‘Inter20 national Military Education and Training’’ or ‘‘Foreign 

21 Military Financing Program’’ for Informational Program 

22 activities or under the headings ‘‘Global Health and Child 

23 Survival’’, ‘‘Development Assistance’’, and ‘‘Economic 

24 Support Fund’’ may be obligated or expended to pay for— 

25 (1) alcoholic beverages; or 
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1 (2) entertainment expenses for activities that 

2 are substantially of a recreational character, includ3 ing but not limited to entrance fees at sporting 

4 events, theatrical and musical productions, and 

5 amusement parks. 

6 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN7 MENTS THAT EXPORT LETHAL MILITARY EQUIP8 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

9 TERRORISM

10 SEC. 7021. (a) None of the funds appropriated or 

11 otherwise made available by titles III through VI of this 

12 Act may be available to any foreign government which pro13 vides lethal military equipment to a country the govern14 ment of which the Secretary of State has determined is 

15 a government that supports international terrorism for 

16 purposes of section 6(j) of the Export Administration Act 

17 of 1979: Provided, That the prohibition under this section 

18 with respect to a foreign government shall terminate 12 

19 months after that government ceases to provide such mili20 tary equipment: Provided further, That this section applies 

21 with respect to lethal military equipment provided under 

22 a contract entered into after October 1, 1997. 

23 (b) Assistance restricted by subsection (a) or any 

24 other similar provision of law, may be furnished if the 
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1 President determines that to do so is important to the na2 tional interests of the United States. 

3 (c) Whenever the President makes a determination 

4 pursuant to subsection (b), the President shall submit to 

5 the Committees on Appropriations a report with respect 

6 to the furnishing of such assistance, including a detailed 

7 explanation of the assistance to be provided, the estimated 

8 dollar amount of such assistance, and an explanation of 

9 how the assistance furthers United States national inter10 ests. 

11 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

12 COUNTRIES

13 SEC. 7022. (a) Funds appropriated for bilateral as14 sistance under any heading in titles III through VI of this 

15 Act and funds appropriated under any such heading in 

16 a provision of law enacted prior to the enactment of this 

17 Act, shall not be made available to any government which 

18 the President determines— 

19 (1) grants sanctuary from prosecution to any 

20 individual or group which has committed an act of 

21 international terrorism; or 

22 (2) otherwise supports international terrorism. 

23 (b) The President may waive the application of sub24 section (a) to a country if the President determines that 

25 national security or humanitarian reasons justify such 
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1 waiver: Provided, That the President shall publish each 

2 such waiver in the Federal Register and, at least 15 days 

3 before the waiver takes effect, shall notify the Committees 

4 on Appropriations of the waiver (including the justifica5 tion for the waiver) in accordance with the regular notifi6 cation procedures of the Committees on Appropriations. 

7 AUTHORIZATION REQUIREMENTS

8 SEC. 7023. Funds appropriated by this Act, except 

9 funds appropriated under the heading ‘‘Trade and Devel10 opment Agency’’, may be obligated and expended notwith11 standing section 10 of Public Law 91–672, section 15 of 

12 the State Department Basic Authorities Act of 1956, sec13 tion 313 of the Foreign Relations Authorization Act, Fis14 cal Years 1994 and 1995 (Public Law 103–236), and sec15 tion 504(a)(1) of the National Security Act of 1947 (50 

16 U.S.C. 414(a)(1)). 

17 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

18 SEC. 7024. For the purpose of titles II through VI 

19 of this Act ‘‘program, project, and activity’’ shall be de20 fined at the appropriations Act account level and shall in21 clude all appropriations and authorizations Acts funding 

22 directives, ceilings, and limitations with the exception that 

23 for the following accounts: ‘‘Economic Support Fund’’ and 

24 ‘‘Foreign Military Financing Program’’, ‘‘program, 

25 project, and activity’’ shall also be considered to include 
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1 country, regional, and central program level funding with2 in each such account; for the development assistance ac3 counts of the United States Agency for International De4 velopment ‘‘program, project, and activity’’ shall also be 

5 considered to include central, country, regional, and pro6 gram level funding, either as: (1) justified to the Congress; 

7 or (2) allocated by the executive branch in accordance with 

8 a report, to be provided to the Committees on Appropria9 tions within 30 days of the enactment of this Act, as re10 quired by section 653(a) of the Foreign Assistance Act 

11 of 1961. 

12 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

13 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

14 SEC. 7025. Unless expressly provided to the contrary, 

15 provisions of this or any other Act, including provisions 

16 contained in prior Acts authorizing or making appropria17 tions for the Department of State, foreign operations, and 

18 related programs, shall not be construed to prohibit activi19 ties authorized by or conducted under the Peace Corps 

20 Act, the Inter-American Foundation Act or the African 

21 Development Foundation Act: Provided, That the agency 

22 shall promptly report to the Committees on Appropria23 tions whenever it is conducting activities or is proposing 

24 to conduct activities in a country for which assistance is 

25 prohibited. 
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1 COMMERCE, TRADE AND SURPLUS COMMODITIES

2 SEC. 7026. (a) None of the funds appropriated or 

3 made available pursuant to titles III through VI of this 

4 Act for direct assistance and none of the funds otherwise 

5 made available to the Export-Import Bank and the Over6 seas Private Investment Corporation shall be obligated or 

7 expended to finance any loan, any assistance or any other 

8 financial commitments for establishing or expanding pro9 duction of any commodity for export by any country other 

10 than the United States, if the commodity is likely to be 

11 in surplus on world markets at the time the resulting pro12 ductive capacity is expected to become operative and if the 

13 assistance will cause substantial injury to United States 

14 producers of the same, similar, or competing commodity: 

15 Provided, That such prohibition shall not apply to the Ex16 port-Import Bank if in the judgment of its Board of Direc17 tors the benefits to industry and employment in the 

18 United States are likely to outweigh the injury to United 

19 States producers of the same, similar, or competing com20 modity, and the Chairman of the Board so notifies the 

21 Committees on Appropriations. 

22 (b) None of the funds appropriated by this or any 

23 other Act to carry out chapter 1 of part I of the Foreign 

24 Assistance Act of 1961 shall be available for any testing 

25 or breeding feasibility study, variety improvement or intro-
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1 duction, consultancy, publication, conference, or training 

2 in connection with the growth or production in a foreign 

3 country of an agricultural commodity for export which 

4 would compete with a similar commodity grown or pro5 duced in the United States: Provided, That this subsection 

6 shall not prohibit— 

7 (1) activities designed to increase food security 

8 in developing countries where such activities will not 

9 have a significant impact on the export of agricul10 tural commodities of the United States; or 

11 (2) research activities intended primarily to 

12 benefit American producers. 

13 (c) The Secretary of the Treasury shall instruct the 

14 United States Executive Directors of the International 

15 Bank for Reconstruction and Development, the Inter16 national Development Association, the International Fi17 nance Corporation, the Inter-American Development 

18 Bank, the International Monetary Fund, the Asian Devel19 opment Bank, the Inter-American Investment Corpora20 tion, the North American Development Bank, the Euro21 pean Bank for Reconstruction and Development, the Afri22 can Development Bank, and the African Development 

23 Fund to use the voice and vote of the United States to 

24 oppose any assistance by these institutions, using funds 

25 appropriated or made available pursuant to titles III 
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1 through VI of this Act, for the production or extraction 

2 of any commodity or mineral for export, if it is in surplus 

3 on world markets and if the assistance will cause substan4 tial injury to United States producers of the same, similar, 

5 or competing commodity. 

6 SEPARATE ACCOUNTS

7 SEC. 7027. (a) SEPARATE ACCOUNTS FOR LOCAL

8 CURRENCIES.— 

9 (1) If assistance is furnished to the government 

10 of a foreign country under chapters 1 and 10 of part 

11 I or chapter 4 of part II of the Foreign Assistance 

12 Act of 1961 under agreements which result in the 

13 generation of local currencies of that country, the 

14 Administrator of the United States Agency for 

15 International Development shall— 

16 (A) require that local currencies be depos17 ited in a separate account established by that 

18 government; 

19 (B) enter into an agreement with that gov20 ernment which sets forth— 

21 (i) the amount of the local currencies 

22 to be generated; and 

23 (ii) the terms and conditions under 

24 which the currencies so deposited may be 

25 utilized, consistent with this section; and 
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1 (C) establish by agreement with that gov2 ernment the responsibilities of the United 

3 States Agency for International Development 

4 and that government to monitor and account 

5 for deposits into and disbursements from the 

6 separate account. 

7 (2) USES OF LOCAL CURRENCIES.—As may be 

8 agreed upon with the foreign government, local cur9 rencies deposited in a separate account pursuant to 

10 subsection (a), or an equivalent amount of local cur11 rencies, shall be used only— 

12 (A) to carry out chapter 1 or 10 of part 

13 I or chapter 4 of part II of the Foreign Assist14 ance Act of 1961 (as the case may be), for such 

15 purposes as— 

16 (i) project and sector assistance activi17 ties; or 

18 (ii) debt and deficit financing; or 

19 (B) for the administrative requirements of 

20 the United States Government. 

21 (3) PROGRAMMING ACCOUNTABILITY.—The 

22 United States Agency for International Development 

23 shall take all necessary steps to ensure that the 

24 equivalent of the local currencies disbursed pursuant 

25 to subsection (a)(2)(A) from the separate account 
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1 established pursuant to subsection (a)(1) are used 

2 for the purposes agreed upon pursuant to subsection 

3 (a)(2). 

4 (4) TERMINATION OF ASSISTANCE PRO5 GRAMS.—Upon termination of assistance to a coun6 try under chapter 1 or 10 of part I or chapter 4 of 

7 part II of the Foreign Assistance Act of 1961 (as 

8 the case may be), any unencumbered balances of 

9 funds which remain in a separate account estab10 lished pursuant to subsection (a) shall be disposed of 

11 for such purposes as may be agreed to by the gov12 ernment of that country and the United States Gov13 ernment. 

14 (5) REPORTING REQUIREMENT.—The Adminis15 trator of the United States Agency for International 

16 Development shall report on an annual basis as part 

17 of the justification documents submitted to the Com18 mittees on Appropriations on the use of local cur19 rencies for the administrative requirements of the 

20 United States Government as authorized in sub21 section (a)(2)(B), and such report shall include the 

22 amount of local currency (and United States dollar 

23 equivalent) used and/or to be used for such purpose 

24 in each applicable country. 

25 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 
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1 (1) If assistance is made available to the gov2 ernment of a foreign country, under chapter 1 or 10 

3 of part I or chapter 4 of part II of the Foreign As4 sistance Act of 1961, as cash transfer assistance or 

5 as nonproject sector assistance, that country shall be 

6 required to maintain such funds in a separate ac7 count and not commingle them with any other 

8 funds. 

9 (2) APPLICABILITY OF OTHER PROVISIONS OF

10 LAW.—Such funds may be obligated and expended 

11 notwithstanding provisions of law which are incon12 sistent with the nature of this assistance including 

13 provisions which are referenced in the Joint Explan14 atory Statement of the Committee of Conference ac15 companying House Joint Resolution 648 (House Re16 port No. 98–1159). 

17 (3) NOTIFICATION.—At least 15 days prior to 

18 obligating any such cash transfer or nonproject sec19 tor assistance, the President shall submit a notifica20 tion through the regular notification procedures of 

21 the Committees on Appropriations, which shall in22 clude a detailed description of how the funds pro23 posed to be made available will be used, with a dis24 cussion of the United States interests that will be 

25 served by the assistance (including, as appropriate, 
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1 a description of the economic policy reforms that will 

2 be promoted by such assistance). 

3 (4) EXEMPTION.—Nonproject sector assistance 

4 funds may be exempt from the requirements of sub5 section (b)(1) only through the notification proce6 dures of the Committees on Appropriations. 

7 ELIGIBILITY FOR ASSISTANCE

8 SEC. 7028. (a) ASSISTANCE THROUGH NONGOVERN9 MENTAL ORGANIZATIONS.—Restrictions contained in this 

10 or any other Act with respect to assistance for a country 

11 shall not be construed to restrict assistance in support of 

12 programs of nongovernmental organizations from funds 

13 appropriated by this Act to carry out the provisions of 

14 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

15 part II of the Foreign Assistance Act of 1961, and from 

16 funds appropriated under the heading ‘‘Assistance for Eu17 rope, Eurasia and Central Asia’’: Provided, That before 

18 using the authority of this subsection to furnish assistance 

19 in support of programs of nongovernmental organizations, 

20 the President shall notify the Committees on Appropria21 tions under the regular notification procedures of those 

22 committees, including a description of the program to be 

23 assisted, the assistance to be provided, and the reasons 

24 for furnishing such assistance: Provided further, That 

25 nothing in this subsection shall be construed to alter any 
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1 existing statutory prohibitions against abortion or involun2 tary sterilizations contained in this or any other Act. 

3 (b) PUBLIC LAW 480.—During fiscal year 2010, re4 strictions contained in this or any other Act with respect 

5 to assistance for a country shall not be construed to re6 strict assistance under the Agricultural Trade Develop7 ment and Assistance Act of 1954: Provided, That none 

8 of the funds appropriated to carry out title I of such Act 

9 and made available pursuant to this subsection may be 

10 obligated or expended except as provided through the reg11 ular notification procedures of the Committees on Appro12 priations. 

13 (c) EXCEPTION.—This section shall not apply— 

14 (1) with respect to section 620A of the Foreign 

15 Assistance Act of 1961 or any comparable provision 

16 of law prohibiting assistance to countries that sup17 port international terrorism; or 

18 (2) with respect to section 116 of the Foreign 

19 Assistance Act of 1961 or any comparable provision 

20 of law prohibiting assistance to the government of a 

21 country that violates internationally recognized 

22 human rights. 
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1 IMPACT ON JOBS IN THE UNITED STATES

2 SEC. 7029. None of the funds appropriated under ti3 tles III through VI of this Act may be obligated or ex4 pended to provide— 

5 (1) any financial incentive to a business enter6 prise currently located in the United States for the 

7 purpose of inducing such an enterprise to relocate 

8 outside the United States if such incentive or in9 ducement is likely to reduce the number of employ10 ees of such business enterprise in the United States 

11 because United States production is being replaced 

12 by such enterprise outside the United States; or 

13 (2) assistance for any program, project, or ac14 tivity that contributes to the violation of internation15 ally recognized workers rights, as defined in section 

16 507(4) of the Trade Act of 1974, of workers in the 

17 recipient country, including any designated zone or 

18 area in that country: Provided, That the application 

19 of section 507(4)(D) and (E) of such Act should be 

20 commensurate with the level of development of the 

21 recipient country and sector, and shall not preclude 

22 assistance for the informal sector in such country, 

23 micro and small-scale enterprise, and smallholder 

24 agriculture. 
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1 INTERNATIONAL FINANCIAL INSTITUTIONS

2 SEC. 7030. (a) None of the funds appropriated in 

3 title V of this Act may be made as payment to any inter4 national financial institution while the United States Ex5 ecutive Director to such institution is compensated by the 

6 institution at a rate which, together with whatever com7 pensation such Director receives from the United States, 

8 is in excess of the rate provided for an individual occu9 pying a position at level IV of the Executive Schedule 

10 under section 5315 of title 5, United States Code, or while 

11 any alternate United States Director to such institution 

12 is compensated by the institution at a rate in excess of 

13 the rate provided for an individual occupying a position 

14 at level V of the Executive Schedule under section 5316 

15 of title 5, United States Code. 

16 (b) The Secretary of the Treasury shall instruct the 

17 United States Executive Director at each international fi18 nancial institution to oppose any loan, grant, strategy or 

19 policy of such institution that would require user fees or 

20 service charges on poor people for primary education or 

21 primary healthcare, including prevention, care and treat22 ment for HIV/AIDS, malaria, tuberculosis, and infant, 

23 child, and maternal health, in connection with the institu24 tions’ financing programs. 
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1 (c) The Secretary of the Treasury shall instruct the 

2 United States Executive Director at the International 

3 Monetary Fund (the Fund) to use the voice and vote of 

4 the United States to oppose any loan, project, agreement, 

5 memorandum, instrument, or other program of the Fund 

6 that imposes budget caps or restraints that do not allow 

7 the maintenance of or an increase in government spending 

8 on health care or education; and to promote government 

9 spending on health care, education, food aid, or other crit10 ical safety net programs in all of the Fund’s activities with 

11 respect to Heavily Indebted Poor Countries. 

12 (d) For purposes of this section ‘‘international finan13 cial institutions’’ are the International Bank for Recon14 struction and Development, the Inter-American Develop15 ment Bank, the Asian Development Bank, the Asian De16 velopment Fund, the African Development Bank, the Afri17 can Development Fund, the International Monetary Fund, 

18 the North American Development Bank, and the Euro19 pean Bank for Reconstruction and Development. 

20 DEBT-FOR-DEVELOPMENT

21 SEC. 7031. In order to enhance the continued partici22 pation of nongovernmental organizations in debt-for-devel23 opment and debt-for-nature exchanges, a nongovern24 mental organization which is a grantee or contractor of 

25 the United States Agency for International Development 
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1 may place in interest bearing accounts local currencies 

2 which accrue to that organization as a result of economic 

3 assistance provided under title III of this Act and, subject 

4 to the regular notification procedures of the Committees 

5 on Appropriations, any interest earned on such investment 

6 shall be used for the purpose for which the assistance was 

7 provided to that organization. 

8 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

9 SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUC10 TION, OR CANCELLATION.— 

11 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

12 CERTAIN LOANS.—Notwithstanding any other provi13 sion of law, the President may, in accordance with 

14 this section, sell to any eligible purchaser any 

15 concessional loan or portion thereof made before 

16 January 1, 1995, pursuant to the Foreign Assist17 ance Act of 1961, to the government of any eligible 

18 country as defined in section 702(6) of that Act or 

19 on receipt of payment from an eligible purchaser, re20 duce or cancel such loan or portion thereof, only for 

21 the purpose of facilitating— 

22 (A) debt-for-equity swaps, debt-for-develop23 ment swaps, or debt-for-nature swaps; or 

24 (B) a debt buyback by an eligible country 

25 of its own qualified debt, only if the eligible 
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1 country uses an additional amount of the local 

2 currency of the eligible country, equal to not 

3 less than 40 percent of the price paid for such 

4 debt by such eligible country, or the difference 

5 between the price paid for such debt and the 

6 face value of such debt, to support activities 

7 that link conservation and sustainable use of 

8 natural resources with local community develop9 ment, and child survival and other child devel10 opment, in a manner consistent with sections 

11 707 through 710 of the Foreign Assistance Act 

12 of 1961, if the sale, reduction, or cancellation 

13 would not contravene any term or condition of 

14 any prior agreement relating to such loan. 

15 (2) TERMS AND CONDITIONS.—Notwithstanding 

16 any other provision of law, the President shall, in ac17 cordance with this section, establish the terms and 

18 conditions under which loans may be sold, reduced, 

19 or canceled pursuant to this section. 

20 (3) ADMINISTRATION.—The Facility, as defined 

21 in section 702(8) of the Foreign Assistance Act of 

22 1961, shall notify the administrator of the agency 

23 primarily responsible for administering part I of the 

24 Foreign Assistance Act of 1961 of purchasers that 

25 the President has determined to be eligible, and 
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1 shall direct such agency to carry out the sale, reduc2 tion, or cancellation of a loan pursuant to this sec3 tion: Provided, That such agency shall make adjust4 ment in its accounts to reflect the sale, reduction, or 

5 cancellation. 

6 (4) LIMITATION.—The authorities of this sub7 section shall be available only to the extent that ap8 propriations for the cost of the modification, as de9 fined in section 502 of the Congressional Budget Act 

10 of 1974, are made in advance. 

11 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

12 sale, reduction, or cancellation of any loan sold, reduced, 

13 or canceled pursuant to this section shall be deposited in 

14 the United States Government account or accounts estab15 lished for the repayment of such loan. 

16 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

17 pursuant to subsection (a)(1)(A) only to a purchaser who 

18 presents plans satisfactory to the President for using the 

19 loan for the purpose of engaging in debt-for-equity swaps, 

20 debt-for-development swaps, or debt-for-nature swaps. 

21 (d) DEBTOR CONSULTATIONS.—Before the sale to 

22 any eligible purchaser, or any reduction or cancellation 

23 pursuant to this section, of any loan made to an eligible 

24 country, the President should consult with the country 

25 concerning the amount of loans to be sold, reduced, or 
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1 canceled and their uses for debt-for-equity swaps, debt2 for-development swaps, or debt-for-nature swaps. 

3 (e) AVAILABILITY OF FUNDS.—The authority pro4 vided by subsection (a) may be used only with regard to 

5 funds appropriated by this Act under the heading ‘‘Debt 

6 Restructuring’’. 

7 SPECIAL DEBT RELIEF FOR THE POOREST

8 SEC. 7033. (a) AUTHORITY TO REDUCE DEBT.—The 

9 President may reduce amounts owed to the United States 

10 (or any agency of the United States) by an eligible country 

11 as a result of— 

12 (1) guarantees issued under sections 221 and 

13 222 of the Foreign Assistance Act of 1961; 

14 (2) credits extended or guarantees issued under 

15 the Arms Export Control Act; or 

16 (3) any obligation or portion of such obligation, 

17 to pay for purchases of United States agricultural 

18 commodities guaranteed by the Commodity Credit 

19 Corporation under export credit guarantee programs 

20 authorized pursuant to section 5(f) of the Com21 modity Credit Corporation Charter Act of June 29, 

22 1948, as amended, section 4(b) of the Food for 

23 Peace Act of 1966, as amended (Public Law 89– 

24 808), or section 202 of the Agricultural Trade Act 

25 of 1978, as amended (Public Law 95–501). 
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1 (b) LIMITATIONS.— 

2 (1) The authority provided by subsection (a) 

3 may be exercised only to implement multilateral offi4 cial debt relief and referendum agreements, com5 monly referred to as ‘‘Paris Club Agreed Minutes’’. 

6 (2) The authority provided by subsection (a) 

7 may be exercised only in such amounts or to such 

8 extent as is provided in advance by appropriations 

9 Acts. 

10 (3) The authority provided by subsection (a) 

11 may be exercised only with respect to countries with 

12 heavy debt burdens that are eligible to borrow from 

13 the International Development Association, but not 

14 from the International Bank for Reconstruction and 

15 Development, commonly referred to as ‘‘IDA-only’’ 

16 countries. 

17 (c) CONDITIONS.—The authority provided by sub18 section (a) may be exercised only with respect to a country 

19 whose government— 

20 (1) does not have an excessive level of military 

21 expenditures; 

22 (2) has not repeatedly provided support for acts 

23 of international terrorism; 

24 (3) is not failing to cooperate on international 

25 narcotics control matters; 
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1 (4) (including its military or other security 

2 forces) does not engage in a consistent pattern of 

3 gross violations of internationally recognized human 

4 rights; and 

5 (5) is not ineligible for assistance because of the 

6 application of section 527 of the Foreign Relations 

7 Authorization Act, Fiscal Years 1994 and 1995. 

8 (d) AVAILABILITY OF FUNDS.—The authority pro9 vided by subsection (a) may be used only with regard to 

10 the funds appropriated by this Act under the heading 

11 ‘‘Debt Restructuring’’. 

12 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re13 duction of debt pursuant to subsection (a) shall not be 

14 considered assistance for the purposes of any provision of 

15 law limiting assistance to a country: Provided, That the 

16 authority provided by subsection (a) may be exercised not17 withstanding section 620(r) of the Foreign Assistance Act 

18 of 1961 or section 321 of the International Development 

19 and Food Assistance Act of 1975. 

20 SPECIAL AUTHORITIES

21 SEC. 7034. (a) AFGHANISTAN, IRAQ, PAKISTAN, 

22 LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED

23 CHILDREN, AND DISPLACED BURMESE.—Funds appro24 priated under titles III through VI of this Act that are 

25 made available for assistance for Afghanistan may be 
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1 made available notwithstanding section 7012 of this Act 

2 or any similar provision of law and section 660 of the For3 eign Assistance Act of 1961, and funds appropriated in 

4 titles III and VI of this Act that are made available for 

5 Iraq, Lebanon, Montenegro, Pakistan, and for victims of 

6 war, displaced children, and displaced Burmese, and to as7 sist victims of trafficking in persons and, subject to the 

8 regular notification procedures of the Committees on Ap9 propriations, to combat such trafficking, may be made 

10 available notwithstanding any other provision of law. 

11 (b) WAIVER.— 

12 (1) The President may waive the provisions of 

13 section 1003 of Public Law 100–204 if the Presi14 dent determines and certifies in writing to the 

15 Speaker of the House of Representatives, the Presi16 dent pro tempore of the Senate, and the Committees 

17 on Appropriations that it is important to the na18 tional security interests of the United States. 

19 (2) PERIOD OF APPLICATION OF WAIVER.—Any 

20 waiver pursuant to paragraph (1) shall be effective 

21 for no more than a period of 6 months at a time and 

22 shall not apply beyond 12 months after the enact23 ment of this Act. 

24 (c) SMALL BUSINESS.—In entering into multiple 

25 award indefinite-quantity contracts with funds appro-
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1 priated by this Act, the United States Agency for Inter2 national Development may provide an exception to the fair 

3 opportunity process for placing task orders under such 

4 contracts when the order is placed with any category of 

5 small or small disadvantaged business. 

6 (d) AUTHORITY REPEALED.—Section 7034(d) of 

7 Public Law 111–8 is hereby repealed. 

8 (e) RECONSTITUTING CIVILIAN POLICE AUTHOR9 ITY.—In providing assistance with funds appropriated by 

10 this Act under section 660(b)(6) of the Foreign Assistance 

11 Act of 1961, support for a nation emerging from insta12 bility may be deemed to mean support for regional, dis13 trict, municipal, or other sub-national entity emerging 

14 from instability, as well as a nation emerging from insta15 bility. 

16 (f) EXTENSION OF AUTHORITY.—The Foreign Oper17 ations, Export Financing, and Related Programs Appro18 priations Act, 1990 (Public Law 101–167) is amended— 

19 (1) in section 599D (8 U.S.C. 1157 note)— 

20 (A) in subsection (b)(3), by striking ‘‘and 

21 2009’’ and inserting ‘‘2009, and 2010’’; and 

22 (B) in subsection (e), by striking ‘‘2009’’ 

23 each place it appears and inserting ‘‘2010’’; and 
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1 (2) in section 599E (8 U.S.C. 1255 note) in 

2 subsection (b)(2), by striking ‘‘2009’’ and inserting 

3 ‘‘2010’’. 

4 (g) WORLD FOOD PROGRAM.—Of the funds managed 

5 by the Bureau for Democracy, Conflict, and Humanitarian 

6 Assistance, United States Agency for International Devel7 opment, from this or any other Act, not less than 

8 $10,000,000 shall be made available as a general contribu9 tion to the World Food Program, notwithstanding any 

10 other provision of law. 

11 (h) DISARMAMENT, DEMOBILIZATION AND RE12 INTEGRATION.—Notwithstanding any other provision of 

13 law, regulation or Executive order, funds appropriated by 

14 this Act and prior Acts making appropriations for the De15 partment of State, foreign operations, and related pro16 grams under the headings ‘‘Economic Support Fund’’, 

17 ‘‘Peacekeeping Operations’’, ‘‘International Disaster As18 sistance’’, and ‘‘Transition Initiatives’’ should be made 

19 available to support programs to disarm, demobilize, and 

20 reintegrate into civilian society former members of foreign 

21 terrorist organizations: Provided, That the Secretary of 

22 State shall consult with the Committees on Appropriations 

23 prior to the obligation of funds pursuant to this sub24 section: Provided further, That for the purposes of this 

25 subsection the term ‘‘foreign terrorist organization’’ 
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1 means an organization designated as a terrorist organiza2 tion under section 219 of the Immigration and Nationality 

3 Act. 

4 (i) MIDDLE EAST FOUNDATION.—Funds appro5 priated by this Act and prior Acts for a Middle East Foun6 dation shall be subject to the regular notification proce7 dures of the Committees on Appropriations. 

8 (j) CONTINGENCIES.—During fiscal year 2010, the 

9 President may use up to $75,000,000 under the authority 

10 of section 451 of the Foreign Assistance Act of 1961, not11 withstanding any other provision of law. 

12 (k) DEMOCRACY PROMOTION.— 

13 (1) Funds made available by this Act that are 

14 made available for the promotion of democracy may 

15 be made available notwithstanding any other provi16 sion of law, and with regard to the National Endow17 ment for Democracy, any regulation. 

18 (2) For the purposes of funds appropriated by 

19 this Act, the term ‘‘promotion of democracy’’ means 

20 programs that support good governance, human 

21 rights, independent media, and the rule of law, and 

22 otherwise strengthen the capacity of democratic po23 litical parties, governments, nongovernmental organi24 zations and institutions, and citizens to support the 

25 development of democratic states, institutions, and 
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1 practices that are responsive and accountable to citi2 zens. 

3 (3) Any contract, grant, or cooperative agree4 ment (or any amendment to any contract, grant or 

5 cooperative agreement) in excess of $1,000,000 of 

6 funds under the heading ‘‘Democracy Fund’’, and in 

7 excess of $2,500,000 under other headings in this 

8 Act for the promotion of democracy, with the excep9 tion of programs and activities of the National En10 dowment for Democracy, shall be subject to the reg11 ular notification procedures of the Committees on 

12 Appropriations. 

13 (4) With respect to the provision of assistance 

14 for democracy, human rights and governance activi15 ties in this Act, the organizations implementing such 

16 assistance and the specific nature of that assistance 

17 shall not be subject to the prior approval by the gov18 ernment of any foreign country. 

19 (l) PERSONNEL.—The terms and conditions of sec20 tion 1113 of Public Law 111–32 shall apply to this Act. 

21 (m) PARTNER VETTING.—No further action to final22 ize or implement a Partner Vetting System (PVS) shall 

23 be taken by the Secretary of State or the Administrator 

24 of the United States Agency for International Develop25 ment (USAID) until a new USAID Administrator has 
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1 been confirmed and has undertaken a comprehensive re2 view of the scope, methodology and effect of PVS, includ3 ing consultation with affected organizations, the Commit4 tees on Appropriations and Foreign Relations of the Sen5 ate and the Committees on Appropriations and Foreign 

6 Affairs of the House of Representatives. 

7 (n) SPENDING PLANS.—The Secretary of State shall 

8 submit to the Committees on Appropriations not later 

9 than 45 days after enactment of this Act, and prior to 

10 the initial obligation of funds for assistance for Afghani11 stan, Pakistan, and Iraq, detailed spending plans for 

12 funds appropriated for such purposes. 

13 (o) CONGRESSIONAL BUDGET JUSTIFICATION DOCU14 MENTS.—None of the funds appropriated by this Act or 

15 any prior Acts making appropriations for the Department 

16 of State, foreign operations, and related programs may be 

17 obligated or expended by the Secretary of State or the Ad18 ministrator of the United States Agency for International 

19 Development (USAID) to compile, produce, or publish any 

20 congressional budget justification documents for fiscal 

21 year 2011 until the Secretary of State and the USAID 

22 Administrator have consulted with the Committees of Ap23 propriations regarding the purpose, format, and content 

24 of such documents. 

25 (p) TECHNICAL CORRECTION.— 
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1 (1) IN GENERAL.—Section 67 of the Bretton 

2 Woods Agreements Act, as added by section 1402 of 

3 the Supplemental Appropriations Act, 2009, is 

4 amended by striking ‘‘resolution numbered 54–4’’ 

5 and inserting ‘‘resolution numbered 52–4’’. 

6 (2) EFFECTIVE DATE.—The amendment made 

7 by subsection (a) shall take effect as if included in 

8 the enactment of section 1402 of Public Law 111– 

9 32. 

10 (q) CONSOLIDATION OF REPORTS.— 

11 (1) The Secretary of State may, notwith12 standing any other provision of law and following 

13 consultation with the Committees on Appropriations, 

14 consolidate or combine reports (including plans and 

15 strategies) that are called for by any provision of law 

16 to be submitted to the Congress and that are sub17 stantially duplicative of others called for by any 

18 other provision of law, and may submit a report into 

19 which two or more are consolidated by the last in 

20 time of the dates otherwise required for submission 

21 of the reports being consolidated, except that such 

22 date shall be no later than 60 days after the date 

23 that the earliest of the reports was due. 

24 (2) Reports are considered ‘‘substantially dupli25 cative’’ if they are required to address at least over 
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1 half of the same substantive factors, criteria and 

2 issues that are required to be addressed by any 

3 other report, and any such consolidated report must 

4 address all the substantive factors, criteria and 

5 issues required to be addressed in each of the indi6 vidual reports. 

7 (3) Reports affected by this section are those 

8 within the purview of or prepared primarily by the 

9 Department of State and the United States Agency 

10 for International Development and that relate to 

11 matters addressed under this Act, or any Act au12 thorizing or appropriating funds for use by, or ac13 tions of, the Department of State and the United 

14 States Agency for International Development. 

15 NEAR EAST

16 SEC. 7035. (a) BAHRAIN.—Of the funds appro17 priated by this Act under the heading ‘‘Foreign Military 

18 Financing Program’’, not less than $19,000,000 shall be 

19 made available for assistance for Bahrain. 

20 (b) EGYPT.— 

21 (1) Of the funds appropriated by this Act under 

22 the heading ‘‘Foreign Military Financing Program’’, 

23 not less than $1,040,000,000 shall be made available 

24 for grants only for Egypt, including for border secu25 rity programs and activities in the Sinai: Provided, 
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1 That the funds appropriated under this heading esti2 mated to be outlayed for Egypt during fiscal year 

3 2010 shall be transferred to an interest bearing ac4 count for Egypt in the Federal Reserve Bank of 

5 New York within 30 days of enactment of this Act. 

6 (2) Of the funds appropriated by this Act under 

7 the heading ‘‘Economic Support Fund’’, not less 

8 than $250,000,000 shall be made available for as9 sistance for Egypt, which sum shall be provided on 

10 a grant basis, and of which sum cash transfer assist11 ance shall be provided with the understanding that 

12 Egypt will undertake significant economic and demo13 cratic reforms which are additional to those which 

14 were undertaken in previous fiscal years: Provided, 

15 That not less than $25,000,000 of such funds shall 

16 be made available for democracy, human rights and 

17 governance programs, and not less than 

18 $35,000,000 shall be made available for education 

19 programs, of which not less than $10,000,000 is for 

20 scholarships for Egyptian students with high finan21 cial need. 

22 (3) Of the funds appropriated by this Act and 

23 prior Acts making appropriations for the Depart24 ment of State, foreign operations and related pro25 grams, up to $200,000,000 may be made available 
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1 for an endowment to further the shared interests of 

2 the United States and Egypt: Provided, That the 

3 Secretary of State shall consult with the Committees 

4 on Appropriations on the establishment of such an 

5 endowment. 

6 (c) IRAQ.— 

7 (1) Of the funds appropriated by this Act under 

8 the headings ‘‘Economic Support Fund’’ and ‘‘Inter9 national Narcotics Control and Law Enforcement’’, 

10 not less than $427,000,000 shall be made available 

11 for assistance for Iraq. 

12 (2) The terms and conditions of section 1106(a) 

13 and (b) of Public Law 111–32 shall apply to assist14 ance for Iraq in fiscal year 2010. 

15 (3) Funds appropriated by this Act under the 

16 heading ‘‘Foreign Military Financing Program’’ may 

17 be made available for countries in the Middle East 

18 region, in addition to amounts otherwise made avail19 able, to address urgent border security requirements 

20 arising from instability in Iraq if the Secretary cer21 tifies to the Committees on Appropriations that it is 

22 important to the national security of the United 

23 States to do so, and subject to the regular notifica24 tion procedures of the Committees on Appropria25 tions. 
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1 (d) ISRAEL.—Of the funds appropriated by this Act 

2 under the heading ‘‘Foreign Military Financing Pro3 gram’’, not less than $2,220,000,000 shall be available for 

4 grants only for Israel and shall be disbursed within 30 

5 days of the enactment of this Act: Provided, That to the 

6 extent that the Government of Israel requests that funds 

7 be used for such purposes, grants made available for Israel 

8 by this paragraph shall, as agreed by the United States 

9 and Israel, be available for advanced weapons systems, of 

10 which not less than $583,860,000 shall be available for 

11 the procurement in Israel of defense articles and defense 

12 services, including research and development. 

13 (e) JORDAN.— 

14 (1) Of the funds appropriated by this Act under 

15 the heading ‘‘Economic Support Fund’’, not less 

16 than $363,000,000 shall be made available for as17 sistance for Jordan. 

18 (2) Of the funds appropriated by this Act under 

19 the heading ‘‘Foreign Military Financing Program’’, 

20 not less than $150,000,000 shall be made available 

21 for assistance for Jordan. 

22 (f) LEBANON.— 

23 (1) Of the Funds appropriated by this Act 

24 under the heading ‘‘Economic Support Fund’’, not 

25 less than $109,000,000 shall be made available for 
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1 assistance for Lebanon, of which not less than 

2 $10,000,000 shall be made available for educational 

3 scholarships for students in Lebanon with high fi4 nancial need. 

5 (2) Of the funds appropriated by this Act under 

6 the heading ‘‘Foreign Military Financing Program’’, 

7 not less than $100,000,000 shall be made available 

8 for assistance for Lebanon. 

9 (g) MIDDLE EAST PEACE.—Funds appropriated by 

10 this Act should be made available in a manner to further 

11 peace in the Middle East between Israelis and Palestin12 ians. 

13 (h) NEAR EAST REGIONAL DEMOCRACY.—Of the 

14 funds appropriated by this Act that are made available 

15 for Near East Regional Democracy, not less than 

16 $30,000,000 shall be made available to expand access to 

17 information and communications through the Internet, 

18 and shall be used for scalable, field tested programs that 

19 provide unmonitored and uncensored access to the Inter20 net, including access to real time, inter-active modes of 

21 communication, for large numbers of users living in closed 

22 societies that have acutely hostile Internet environments. 

23 (i) WEST BANK AND GAZA.— 

24 (1) Of the funds appropriated by this Act under 

25 the heading ‘‘Economic Support Fund’’, not less 
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1 than $400,400,000 may be made available for assist2 ance for the West Bank and Gaza, of which not to 

3 exceed $2,000,000 may be made available for admin4 istrative expenses of the United States Agency for 

5 International Development, in addition to funds oth6 erwise made available for such purposes. 

7 (2) Of the funds appropriated by this Act under 

8 the heading ‘‘International Narcotics Control and 

9 Law Enforcement’’, not less than $100,000,000 

10 shall be made available for the West Bank. 

11 (3) The terms and conditions of sections 7035, 

12 7036, 7037, 7038, 7039, and 7040 of Public Law 

13 111–8, and section 1107 of Public Law 111–32, 

14 shall apply to assistance appropriated by this Act. 

15 WESTERN HEMISPHERE

16 SEC. 7045. (a) TRADE CAPACITY.—Of the funds ap17 propriated by this Act, not less than $300,149,000 should 

18 be made available for trade capacity building, of which not 

19 less than $25,000,000 shall be made available for labor 

20 and environmental capacity building activities relating to 

21 free trade agreements with countries in Latin America 

22 and the Caribbean. 

23 (b) ASSISTANCE FOR HAITI.— 

24 (1) The Government of Haiti shall be eligible to 

25 purchase defense articles and services under the 
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1 Arms Export Control Act (22 U.S.C. 2751 et seq.), 

2 for the Coast Guard. 

3 (2) Of the funds appropriated by this Act under 

4 titles III and IV, not less than $282,393,000 shall 

5 be made available for assistance for Haiti. 

6 (3) None of the funds made available by this 

7 Act under the heading ‘‘International Narcotics Con8 trol and Law Enforcement’’ may be used to transfer 

9 excess weapons, ammunition or other lethal property 

10 of an agency of the United States Government to 

11 the Government of Haiti for use by the Haitian Na12 tional Police until the Secretary of State reports to 

13 the Committees on Appropriations that any mem14 bers of the Haitian National Police who have been 

15 credibly alleged to have committed serious crimes, 

16 including drug trafficking and violations of inter17 nationally recognized human rights, have been sus18 pended. 

19 (c) ASSISTANCE FOR GUATEMALA.— 

20 (1) Of the funds appropriated by this Act under 

21 the heading ‘‘International Narcotics Control and 

22 Law Enforcement’’, not less than $5,000,000 shall 

23 be made available for a United States contribution 

24 to the International Commission Against Impunity 

25 in Guatemala (CICIG), and not less than 
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1 $2,000,000 shall be made available to support the 

2 Police Criminal Investigation Division’s Human 

3 Rights Unit and the Ministry of Interior’s Institute 

4 For Attacks Against Human Rights Defenders. 

5 (2) Funds appropriated by this Act under the 

6 heading ‘‘International Military Education and 

7 Training’’ (IMET) that are available for assistance 

8 for Guatemala, other than for expanded IMET, may 

9 be made available only for the Guatemalan Air 

10 Force, Navy and Army Corps of Engineers: Pro11 vided, That assistance for the Army Corps of Engi12 neers shall only be available for training to improve 

13 disaster response capabilities and to participate in 

14 international peacekeeping operations: Provided fur15 ther, That such funds may be made available only if 

16 the Secretary of State certifies that the Air Force, 

17 Navy and Army Corps of Engineers are respecting 

18 internationally recognized human rights and cooper19 ating with civilian judicial investigations and pros20 ecutions of current and retired military personnel 

21 who have been credibly alleged to have committed 

22 violations of such rights, and with the CICIG by 

23 granting access to CICIG personnel, providing evi24 dence to CICIG, and allowing witness testimony. 
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1 (3) Of the funds appropriated by this Act under 

2 the heading ‘‘Foreign Military Financing Program’’, 

3 not more than $850,000 may be made available for 

4 the Guatemalan Air Force, Navy and Army Corps of 

5 Engineers: Provided, That assistance for the Army 

6 Corps of Engineers shall only be available for train7 ing to improve disaster response capabilities and to 

8 participate in international peacekeeping operations: 

9 Provided further, That such funds may be made 

10 available only if the Secretary of State certifies that 

11 the Air Force, Navy and Army Corps of Engineers 

12 are respecting internationally recognized human 

13 rights and cooperating with civilian judicial inves14 tigations and prosecutions of current and retired 

15 military personnel who have been credibly alleged to 

16 have committed violations of such rights, including 

17 preserving and providing to the Attorney General’s 

18 office all military archives pertaining to the internal 

19 armed conflict, and cooperating with the CICIG by 

20 granting access to CICIG personnel, providing evi21 dence to CICIG, and allowing witness testimony. 

22 (d) ASSISTANCE FOR MEXICO.— 

23 (1) ASSISTANCE.—Of the funds appropriated by 

24 this Act under the headings ‘‘International Narcotics 

25 Control and Law Enforcement’’ and ‘‘Economic 
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1 Support Fund’’, not more than $115,000,000 may 

2 be made available for assistance for Mexico, only to 

3 combat drug trafficking and related violence and or4 ganized crime, and for judicial reform, institution 

5 building, anti-corruption, and rule of law activities, 

6 of which not less than $35,000,000 shall be used for 

7 judicial reform, institution building, anti-corruption, 

8 and rule of law activities: Provided, That none of the 

9 funds made available under this section shall be 

10 made available for budget support or as cash pay11 ments. 

12 (2) APPLICABILITY OF FISCAL YEAR 2009 PRO13 VISIONS.—The provisions of paragraphs (1) through 

14 (3) of section 7045(e) of the Department of State, 

15 Foreign Operations, and Related Programs Appro16 priations Act, 2009 (division H of Public Law 111– 

17 8) shall apply to funds appropriated or otherwise 

18 made available by this Act for assistance for Mexico 

19 to the same extent and in the same manner as such 

20 provisions of law applied to funds appropriated or 

21 otherwise made available by such other Act for as22 sistance for Mexico. 

23 (3) Funds appropriated under the heading 

24 ‘‘International Narcotics Control and Law Enforce25 ment’’ that are available for assistance for Mexico 
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1 may be made available for the procurement of law 

2 enforcement communications equipment if such 

3 equipment utilizes encryption technology, open 

4 standards and is compatible with and capable of op5 erating with radio communications systems and re6 lated equipment utilized by Federal law enforcement 

7 agencies in the United States to enhance border se8 curity and cooperation in law enforcement efforts be9 tween Mexico and the United States. 

10 (e) ASSISTANCE FOR THE COUNTRIES OF CENTRAL

11 AMERICA.— 

12 (1) ASSISTANCE.—Of the funds appropriated by 

13 this Act under the headings ‘‘International Narcotics 

14 Control and Law Enforcement’’ and ‘‘Foreign Mili15 tary Financing Program’’, not to exceed 

16 $75,000,000 may be made available for assistance 

17 for the countries of Central America only to combat 

18 drug trafficking and related violence and organized 

19 crime, and for judicial reform, institution building, 

20 anti-corruption, rule of law activities, and maritime 

21 security, of which not less than $25,000,000 shall be 

22 used for judicial reform, institution building, anti23 corruption, and rule of law activities: Provided, That 

24 of the funds appropriated under the heading ‘‘Eco25 nomic Support Fund’’, $15,000,000 shall be made 
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1 available through the United States Agency for 

2 International Development for continued support of 

3 an Economic and Social Development Fund for Cen4 tral America: Provided further, That none of the 

5 funds made available under this section shall be 

6 made available for budget support or as cash pay7 ments. 

8 (2) APPLICABILITY OF FISCAL YEAR 2009 PRO9 VISIONS.—The provisions of paragraphs (1) through 

10 (4) of section 7045(f) of the Department of State, 

11 Foreign Operations, and Related Programs Appro12 priations Act, 2009 (division H of Public Law 111– 

13 8) shall apply to funds appropriated or otherwise 

14 made available by this Act for assistance for the 

15 countries of Central America to the same extent and 

16 in the same manner as such provisions of law ap17 plied to funds appropriated or otherwise made avail18 able by such other Act for assistance for the coun19 tries of Central America. 

20 (3) DEFINITION.—For the purposes of this sec21 tion, ‘‘countries of Central America’’ means Belize, 

22 Costa Rica, El Salvador, Guatemala, Honduras, 

23 Nicaragua, and Panama. 

24 (f) AIRCRAFT OPERATIONS AND MAINTENANCE.—To 

25 the maximum extent practicable, the costs of operations 
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1 and maintenance, including fuel, of aircraft funded by this 

2 Act should be borne by the recipient country. 

3 (g) PILOT PROJECT.—Of the funds appropriated by 

4 this Act under the heading ‘‘Diplomatic and Consular Pro5 grams’’, up to $100,000 shall be made available for a pilot 

6 project to be conducted by the Department of State, in 

7 consultation with the Department of Homeland Security, 

8 to study the use of passport cards as proof of identify and 

9 citizenship for the purposes of international travel by na10 tionals of the United States at selected air ports of entry 

11 between the United States and Canada: Provided, That 

12 such pilot project shall begin no earlier than January 1, 

13 2010, and only following consultation with the Committees 

14 on Appropriations, and shall end no earlier than December 

15 31, 2010: Provided further, That not later than June 30, 

16 2011, the Secretary of State, in consultation with the Sec17 retary of Homeland Security, shall submit a report to the 

18 Committees on Appropriations on the result of such pilot 

19 project, including any security, infrastructure, cost, diplo20 matic, or other issues that may have arisen during the 

21 conduct of the project, and the feasibility of extending the 

22 project to other air ports of entry between the United 

23 States and Canada, and between the United States and 

24 Mexico. 
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1 COLOMBIA

2 SEC. 7046. (a) ASSISTANCE.—Of the funds appro3 priated under the headings ‘‘Economic Support Fund’’, 

4 ‘‘International Narcotics Control and Law Enforcement’’, 

5 ‘‘International Military Education and Training’’, and 

6 ‘‘Foreign Military Financing Program’’ in this Act, not 

7 more than $503,000,000 shall be made available for as8 sistance for Colombia. 

9 Funds appropriated by this Act and made available 

10 to the Department of State for assistance to the Govern11 ment of Colombia may be used to support a unified cam12 paign against narcotics trafficking and organizations des13 ignated as Foreign Terrorist Organizations and successor 

14 organizations, and to take actions to protect human health 

15 and welfare in emergency circumstances, including under16 taking rescue operations: Provided, That assistance made 

17 available in prior Acts for the Government of Colombia 

18 to protect the Cano-Limon pipeline may also be used for 

19 purposes for which funds are made available under the 

20 heading ‘‘International Narcotics Control and Law En21 forcement’’ in this Act: Provided further, That no United 

22 States Armed Forces personnel or United States civilian 

23 contractor employed by the United States will participate 

24 in any combat operation in connection with assistance 

25 made available by this Act for Colombia: Provided further, 
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1 That rotary and fixed wing aircraft supported with funds 

2 appropriated under the heading ‘‘International Narcotics 

3 Control and Law Enforcement’’ for assistance for Colom4 bia may be used for aerial or manual drug eradication and 

5 interdiction including to transport personnel and supplies 

6 and to provide security for such operations, and to provide 

7 transport in support of alternative development programs 

8 and investigations of cases under the jurisdiction of the 

9 Attorney General, the Procuraduria General de la Nacion, 

10 and the Defensoria del Pueblo: Provided further, That the 

11 President shall ensure that if any helicopter procured with 

12 funds in this Act or prior Acts making appropriations for 

13 the Department of State, foreign operations, and related 

14 programs, is used to aid or abet the operations of any ille15 gal self-defense group, paramilitary organization, illegal 

16 security cooperative or successor organizations in Colom17 bia, such helicopter shall be immediately returned to the 

18 United States: Provided further, That none of the funds 

19 appropriated by this Act or prior Acts making appropria20 tions for the Department of State, foreign operations, and 

21 related programs may be made available for assistance for 

22 the Departamento Administrativo de Seguridad (DAS) of 

23 Colombia if the Secretary of State has credible evidence 

24 that the DAS is engaging in illegal phone tapping, email 

25 interception, threats, or other illegal surveillance or ac-
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1 tions directed at members of civil society organizations, 

2 opposition political parties, judges, journalists, or other 

3 persons or organizations. 

4 Of the funds available under the heading ‘‘Inter5 national Narcotics Control and Law Enforcement’’ for the 

6 procurement of chemicals for aerial coca and poppy eradi7 cation programs, not more than 20 percent of such funds 

8 may be made available for such eradication programs un9 less the Secretary of State certifies to the Committees on 

10 Appropriations that: (1) the herbicide is being used in ac11 cordance with Environmental Protection Agency label re12 quirements for comparable use in the United States and 

13 with Colombian laws; and (2) the herbicide, in the manner 

14 it is being used, does not pose unreasonable risks or ad15 verse effects to humans or the environment, including en16 demic species: Provided, That such funds may not be made 

17 available unless the Secretary of State certifies to the 

18 Committees on Appropriations that any complaints of 

19 harm to health or licit crops caused by such aerial eradi20 cation are thoroughly investigated and fair compensation 

21 is being paid in a timely manner for meritorious claims: 

22 Provided further, That such funds may not be made avail23 able for such purposes unless programs are made available 

24 by the United States Agency for International Develop25 ment, the Government of Colombia, or other organiza-
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1 tions, in consultation and coordination with local commu2 nities, to provide alternative sources of income in areas 

3 where security permits for small-acreage growers and com4 munities whose illicit crops are targeted for aerial eradi5 cation: Provided further, That none of the funds appro6 priated by this Act for assistance for Colombia shall be 

7 made available for the cultivation or processing of African 

8 oil palm, if doing so would contribute to significant loss 

9 of native species, disrupt or contaminate natural water 

10 sources, reduce local food security, or cause the forced dis11 placement of local people: Provided further, That funds ap12 propriated by this Act may not be used for aerial eradi13 cation in Colombia’s national parks or reserves unless the 

14 Secretary of State certifies to the Committees on Appro15 priations on a case-by-case basis that there are no effective 

16 alternatives and the eradication is conducted in accord17 ance with Colombian laws. 

18 (b) APPLICABILITY OF FISCAL YEAR 2009 PROVI19 SIONS.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the provisions of subsections (b) through 

22 (f) of section 7046 of the Department of State, For23 eign Operations, and Related Programs Appropria24 tions Act, 2009 (division H of Public Law 111–8) 

25 shall apply to funds appropriated or otherwise made 
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1 available by this Act for assistance for Colombia to 

2 the same extent and in the same manner as such 

3 provisions of law applied to funds appropriated or 

4 otherwise made available by such other Act for as5 sistance for Colombia. 

6 (2) EXCEPTIONS.—The following provisions of 

7 section 7046 of the Department of State, Foreign 

8 Operations, and Related Programs Appropriations 

9 Act of 2009 are amended as follows and shall apply 

10 to funds appropriated or otherwise made available by 

11 this Act for assistance for Colombia as follows: 

12 (A) Subsection (b)(1)(B) is amended by 

13 striking clause (iv) and inserting the following: 

14 ‘‘(iv) That the Government of Colom15 bia is respecting the rights of human 

16 rights defenders, journalists, trade union17 ists, political opposition and religious lead18 ers, and indigenous and Afro-Colombian 

19 communities, and the Colombian Armed 

20 Forces are implementing strict procedures 

21 to distinguish between civilians, including 

22 displaced persons, and combatants in their 

23 operations.’’. 
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1 (B) Subsection (b)(2) is amended by strik2 ing ‘‘July 31, 2009’’ and inserting ‘‘July 31, 

3 2010’’. 

4 (C) Subsection (b)(3) is amended by strik5 ing ‘‘Andean Counterdrug Programs’’ and in6 serting ‘‘Intentional Narcotics Control and Law 

7 Enforcement’’. 

8 (D) Subsection (c) is amended by striking 

9 ‘‘September 30, 2009’’ and inserting ‘‘Sep10 tember 30, 2010’’. 

11 (E) Subsection (d)(1) is amended— 

12 (i) by striking ‘‘$16,760,000’’ and in13 serting ‘‘$18,606,000’’, and 

14 (ii) by striking ‘‘fiscal year 2009’’ and 

15 inserting ‘‘fiscal year 2010’’. 

16 COMMUNITY-BASED POLICE ASSISTANCE

17 SEC. 7047. (a) AUTHORITY.—Funds made available 

18 by titles III and IV of this Act to carry out the provisions 

19 of chapter 1 of part I and chapters 4 and 6 of part II 

20 of the Foreign Assistance Act of 1961, may be used, not21 withstanding section 660 of that Act, to enhance the effec22 tiveness and accountability of civilian police authority 

23 through training and technical assistance in human rights, 

24 the rule of law, anti-corruption, strategic planning, and 

25 through assistance to foster civilian police roles that sup-
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1 port democratic governance including assistance for pro2 grams to prevent conflict, respond to disasters, address 

3 gender-based violence, and foster improved police relations 

4 with the communities they serve. 

5 (b) NOTIFICATION.—Assistance provided under sub6 section (a) shall be subject to prior consultation with, and 

7 the regular notification procedures of, the Committees on 

8 Appropriations. 

9 PROHIBITION OF PAYMENTS TO UNITED NATIONS

10 MEMBERS

11 SEC. 7048. None of the funds appropriated or made 

12 available pursuant to titles III through VI of this Act for 

13 carrying out the Foreign Assistance Act of 1961, may be 

14 used to pay in whole or in part any assessments, arrear15 ages, or dues of any member of the United Nations or, 

16 from funds appropriated by this Act to carry out chapter 

17 1 of part I of the Foreign Assistance Act of 1961, the 

18 costs for participation of another country’s delegation at 

19 international conferences held under the auspices of multi20 lateral or international organizations. 

21 WAR CRIMES TRIBUNALS DRAWDOWN

22 SEC. 7049. If the President determines that doing so 

23 will contribute to a just resolution of charges regarding 

24 genocide or other violations of international humanitarian 

25 law, the President may direct a drawdown pursuant to sec-
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1 tion 552(c) of the Foreign Assistance Act of 1961 of up 

2 to $30,000,000 of commodities and services for the United 

3 Nations War Crimes Tribunal established with regard to 

4 the former Yugoslavia by the United Nations Security 

5 Council or such other tribunals or commissions as the 

6 Council may establish or authorize to deal with such viola7 tions, without regard to the ceiling limitation contained 

8 in paragraph (2) thereof: Provided, That the determina9 tion required under this section shall be in lieu of any de10 terminations otherwise required under section 552(c): Pro11 vided further, That funds made available pursuant to this 

12 section shall be made available subject to the regular noti13 fication procedures of the Committees on Appropriations. 

14 PEACEKEEPING MISSIONS

15 SEC. 7050. None of the funds made available under 

16 title I of this Act may be used for any United Nations 

17 activity when it is made known to the Federal official hav18 ing authority to obligate or expend such funds that: (1) 

19 the United Nations activity is a peacekeeping mission; (2) 

20 such activity will involve United States Armed Forces 

21 under the command or operational control of a foreign na22 tional; and (3) the President’s military advisors have not 

23 submitted to the President a recommendation that such 

24 involvement is in the national interests of the United 
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1 States and the President has not submitted to the Con2 gress such a recommendation. 

3 PEACEKEEPING ASSESSMENT

4 SEC. 7051. Section 404(b)(2)(B) of the Foreign Re5 lations Authorization Act, Fiscal Years 1994 and 1995 

6 (22 U.S.C. 287e note) is amended by adding the following: 

7 ‘‘(v) For assessments made during calendar years 

8 2010 and 2011, 27.1 percent.’’. 

9 AIRCRAFT MANAGEMENT AND OVERSIGHT

10 SEC. 7052. (a) MANAGEMENT AND OVERSIGHT.— 

11 Notwithstanding any other provision of law or regulation, 

12 the management and oversight of aircraft procured or 

13 leased by the Department of State shall be the responsi14 bility of the Under Secretary of State for Management, 

15 in consultation with the Assistant Secretary for Inter16 national Narcotics and Law Enforcement Affairs. 

17 (b) TRANSFER AUTHORITY.— 

18 (1) Notwithstanding any other provision of law 

19 or regulation, aircraft procured by funds appro20 priated by this Act and prior Acts making appro21 priations for the Department of State, foreign oper22 ations and related programs under the headings 

23 ‘‘Diplomatic and Consular Programs’’, ‘‘Inter24 national Narcotics Control and Law Enforcement’’, 

25 and ‘‘Foreign Military Financing Program’’ may be 
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1 used for any other program and in any region, in2 cluding for use under the Civilian Stabilization Ini3 tiative, regardless of the original purposes for which 

4 the aircraft was initially purchased or leased. 

5 (2) The transfer authority contained in sub6 section (b)(1) shall be subject to the regular notifica7 tion procedures of the Committees on Appropria8 tions. 

9 (c) CHIEF OF MISSION AUTHORITY.—The uses of 

10 aircraft purchased or leased by the Department of State 

11 and the United States Agency for International Develop12 ment (USAID) with funds provided in this Act or prior 

13 acts making appropriations for the Department of State, 

14 foreign operations and related programs shall be coordi15 nated under the authority of the appropriate Chief of Mis16 sion. 

17 (d) REPORTING REQUIREMENT.—Not later than Sep18 tember 30, 2010, the Secretary of State, in consultation 

19 with the USAID Administrator, shall submit a report to 

20 the Committees on Appropriations detailing the total in21 ventory of aircraft procured, leased, or contracted by the 

22 Department of State and USAID, the contractors oper23 ating such aircraft, and the annual cost of such contracts. 
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1 ATTENDANCE AT INTERNATIONAL CONFERENCES

2 SEC. 7053. None of the funds made available in this 

3 Act may be used to send or otherwise pay for the attend4 ance of more than 50 employees of agencies or depart5 ments of the United States Government who are stationed 

6 in the United States, at any single international con7 ference occurring outside the United States, unless the 

8 Secretary of State reports to the Committees on Appro9 priations that such attendance is in the national interest: 

10 Provided, That for purposes of this section the term 

11 ‘‘international conference’’ shall mean a conference at12 tended by representatives of the United States Govern13 ment and of foreign governments, international organiza14 tions, or nongovernmental organizations. 

15 RESTRICTIONS ON UNITED NATIONS DELEGATIONS

16 SEC. 7054. None of the funds made available under 

17 title I of this Act may be used to pay expenses for any 

18 United States delegation to any specialized agency, body, 

19 or commission of the United Nations if such commission 

20 is chaired or presided over by a country, the government 

21 of which the Secretary of State has determined, for pur22 poses of section 6(j)(1) of the Export Administration Act 

23 of 1979 (50 U.S.C. App. 2405(j)(1)), supports inter24 national terrorism. 
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1 PARKING FINES AND REAL PROPERTY TAXES OWED BY

2 FOREIGN GOVERNMENTS

3 SEC. 7055. (a) Subject to subsection (c), of the funds 

4 appropriated under titles III through VI by this Act that 

5 are made available for assistance for a foreign country, 

6 an amount equal to 110 percent of the total amount of 

7 the unpaid fully adjudicated parking fines and penalties 

8 and unpaid property taxes owed by the central government 

9 of such country shall be withheld from obligation for as10 sistance for the central government of such country until 

11 the Secretary of State submits a certification to the Com12 mittees on Appropriations stating that such parking fines 

13 and penalties and unpaid property taxes are fully paid. 

14 (b) Funds withheld from obligation pursuant to sub15 section (a) may be made available for other programs or 

16 activities funded by this Act, after consultation with and 

17 subject to the regular notification procedures of the Com18 mittees on Appropriations, provided that no such funds 

19 shall be made available for assistance for the central gov20 ernment of a foreign country that has not paid the total 

21 amount of the fully adjudicated parking fines and pen22 alties and unpaid property taxes owed by such country. 

23 (c) Subsection (a) shall not include amounts that 

24 have been withheld under any other provision of law. 
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1 (d)(1) The Secretary of State may waive the require2 ments set forth in subsection (a) with respect to parking 

3 fines and penalties no sooner than 60 days from the date 

4 of enactment of this Act, or at any time with respect to 

5 a particular country, if the Secretary determines that it 

6 is in the national interests of the United States to do so. 

7 (2) The Secretary of State may waive the require8 ments set forth in subsection (a) with respect to the un9 paid property taxes if the Secretary of State determines 

10 that it is in the national interests of the United States 

11 to do so. 

12 (e) Not later than 6 months after the initial exercise 

13 of the waiver authority in subsection (d), the Secretary 

14 of State, after consultations with the City of New York, 

15 shall submit a report to the Committees on Appropriations 

16 describing a strategy, including a timetable and steps cur17 rently being taken, to collect the parking fines and pen18 alties and unpaid property taxes and interest owed by na19 tions receiving foreign assistance under this Act. 

20 (f) In this section: 

21 (1) The term ‘‘fully adjudicated’’ includes cir22 cumstances in which the person to whom the vehicle 

23 is registered— 

24 (A)(i) has not responded to the parking 

25 violation summons; or 
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1 (ii) has not followed the appropriate adju2 dication procedure to challenge the summons; 

3 and 

4 (B) the period of time for payment of or 

5 challenge to the summons has lapsed. 

6 (2) The term ‘‘parking fines and penalties’’ 

7 means parking fines and penalties— 

8 (A) owed to— 

9 (i) the District of Columbia; or 

10 (ii) New York, New York; and 

11 (B) incurred during the period April 1, 

12 1997, through September 30, 2009. 

13 (3) The term ‘‘unpaid property taxes’’ means 

14 the amount of unpaid taxes and interest determined 

15 to be owed by a foreign country on real property in 

16 the District of Columbia or New York, New York in 

17 a court order or judgment entered against such 

18 country by a court of the United States or any State 

19 or subdivision thereof. 

20 LANDMINES AND CLUSTER MUNITIONS

21 SEC. 7056. (a) LANDMINES.—Notwithstanding any 

22 other provision of law, demining equipment available to 

23 the United States Agency for International Development 

24 and the Department of State and used in support of the 

25 clearance of landmines and unexploded ordnance for hu-
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1 manitarian purposes may be disposed of on a grant basis 

2 in foreign countries, subject to such terms and conditions 

3 as the President may prescribe. 

4 (b) CLUSTER MUNITIONS.—No military assistance 

5 shall be furnished for cluster munitions, no defense export 

6 license for cluster munitions may be issued, and no cluster 

7 munitions or cluster munitions technology shall be sold or 

8 transferred, unless— 

9 (1) the submunitions of the cluster munitions, 

10 after arming, do not result in more than 1 percent 

11 unexploded ordnance across the range of intended 

12 operational environments; and 

13 (2) the agreement applicable to the assistance, 

14 transfer, or sale of such cluster munitions or cluster 

15 munitions technology specifies that the cluster muni16 tions will only be used against clearly defined mili17 tary targets and will not be used where civilians are 

18 known to be present or in areas normally inhabited 

19 by civilians. 

20 MILLENNIUM CHALLENGE CORPORATION

21 SEC. 7057. (a) The Chief Executive Officer of the 

22 Millennium Challenge Corporation shall, not later than 45 

23 days after enactment of this Act, submit to the Committee 

24 on Appropriations a report on the proposed uses, on a 

25 country-by-country basis, of all funds appropriated under 
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1 the heading ‘‘Millennium Challenge Corporation’’ in this 

2 Act or prior Acts making appropriations for the Depart3 ment of State, foreign operations, and related programs 

4 projected to be obligated and expended in fiscal year 2010 

5 and subsequent fiscal years. 

6 (b) The report required in paragraph (a) shall be up7 dated on a semi-annual basis and shall include, at a min8 imum, a description of— 

9 (1) compacts in development, including the sta10 tus of negotiations and the approximate range of 

11 value of the proposed compact; 

12 (2) compacts in implementation, including the 

13 projected expenditure and disbursement of compact 

14 funds during fiscal year 2010 and subsequent fiscal 

15 years as determined by the country compact; 

16 (3) threshold country programs in development, 

17 including the approximate range of value of the 

18 threshold country agreement; 

19 (4) major programmatic changes to existing 

20 compacts funded by this Act or prior Acts making 

21 appropriations for the Department of State, foreign 

22 operations, and related programs; 

23 (5) threshold country programs in implementa24 tion; and 

25 (6) use of administrative funds. 
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1 (c) The Chief Executive Officer of the Millennium 

2 Challenge Corporation shall notify the Committees on Ap3 propriations not later than 15 days prior to signing any 

4 new country compact or new threshold country program; 

5 terminating or suspending any country compact or thresh6 old country program; or commencing negotiations for any 

7 new compact or threshold country program. 

8 (d) None of the funds appropriated by this Act and 

9 prior Acts making appropriations for the Department of 

10 State, foreign operations, and related programs under the 

11 heading ‘‘Millennium Challenge Corporation’’ may be used 

12 for military assistance or military training, including for 

13 assistance for military or paramilitary purposes and for 

14 assistance to military forces. 

15 (e) The terms and conditions of section 1105(c) of 

16 Public Law 111–32 shall apply to funds appropriated by 

17 this Act under the heading ‘‘Millennium Challenge Cor18 poration’’. 

19 LIMITATION ON RESIDENCE EXPENSES

20 SEC. 7058. Of the funds appropriated or made avail21 able pursuant to title II of this Act, not to exceed 

22 $100,500 shall be for official residence expenses of the 

23 United States Agency for International Development dur24 ing the current fiscal year: Provided, That appropriate 

25 steps shall be taken to assure that, to the maximum extent 
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1 possible, United States-owned foreign currencies are uti2 lized in lieu of dollars. 

3 UNITED STATES AGENCY FOR INTERNATIONAL

4 DEVELOPMENT MANAGEMENT

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 7059. (a) AUTHORITY.—Up to $81,000,000 of 

7 the funds made available in title III of this Act to carry 

8 out the provisions of part I of the Foreign Assistance Act 

9 of 1961, including funds appropriated under the heading 

10 ‘‘Assistance for Europe, Eurasia and Central Asia’’, may 

11 be used by the United States Agency for International De12 velopment (USAID) to hire and employ individuals in the 

13 United States and overseas on a limited appointment basis 

14 pursuant to the authority of sections 308 and 309 of the 

15 Foreign Service Act of 1980. 

16 (b) RESTRICTIONS.— 

17 (1) The number of individuals hired in any fis18 cal year pursuant to the authority contained in sub19 section (a) may not exceed 75. 

20 (2) The authority to hire individuals contained 

21 in subsection (a) shall expire on September 30, 

22 2011. 

23 (c) CONDITIONS.—The authority of subsection (a) 

24 may only be used to the extent that an equivalent number 

25 of positions that are filled by personal services contractors 
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1 or other non-direct hire employees of USAID, who are 

2 compensated with funds appropriated to carry out part I 

3 of the Foreign Assistance Act of 1961, including funds 

4 appropriated under the heading ‘‘Assistance for Europe, 

5 Eurasia and Central Asia’’, are eliminated. 

6 (d) PRIORITY SECTORS.—In exercising the authority 

7 of this section, primary emphasis shall be placed on ena8 bling USAID to meet personnel positions in technical skill 

9 areas currently encumbered by contractor or other non10 direct hire personnel. 

11 (e) CONSULTATIONS.—The USAID Administrator 

12 shall consult with the Committees on Appropriations on 

13 a quarterly basis concerning the implementation of this 

14 section. 

15 (f) PROGRAM ACCOUNT CHARGED.—The account 

16 charged for the cost of an individual hired and employed 

17 under the authority of this section shall be the account 

18 to which such individual’s responsibilities primarily relate: 

19 Provided, That funds made available to carry out this sec20 tion may be transferred to, and merged with, funds appro21 priated by this Act in title II under the heading ‘‘Oper22 ating Expenses’’. 

23 (g) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi24 viduals hired and employed by USAID, with funds made 

25 available in this Act or prior Acts making appropriations 
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1 for the Department of State, foreign operations, and re2 lated programs, pursuant to the authority of section 309 

3 of the Foreign Service Act of 1980, may be extended for 

4 a period of up to 4 years notwithstanding the limitation 

5 set forth in such section. 

6 (h) JUNIOR OFFICER PLACEMENT AUTHORITY.—Of 

7 the funds made available in subsection (a), USAID may 

8 use, in addition to funds otherwise available for such pur9 poses, up to $15,000,000 to fund overseas support costs 

10 of members of the Foreign Service with a Foreign Service 

11 rank of four or below: Provided, That such authority is 

12 only used to reduce USAID’s reliance on overseas personal 

13 services contractors or other non-direct hire employees 

14 compensated with funds appropriated to carry out part I 

15 of the Foreign Assistance Act of 1961, including funds 

16 appropriated under the heading ‘‘Assistance for Europe, 

17 Eurasia and Central Asia’’. 

18 (i) DISASTER SURGE CAPACITY.—Funds appro19 priated under title III of this Act to carry out part I of 

20 the Foreign Assistance Act of 1961, including funds ap21 propriated under the heading ‘‘Assistance for Europe, 

22 Eurasia and Central Asia’’, may be used, in addition to 

23 funds otherwise available for such purposes, for the cost 

24 (including the support costs) of individuals detailed to or 
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1 employed by USAID whose primary responsibility is to 

2 carry out programs in response to natural disasters. 

3 (j) TECHNICAL ADVISORS.—Up to $13,500,000 of 

4 the funds made available by this Act in title III for assist5 ance under the heading ‘‘Global Health and Child Sur6 vival’’, may be used to reimburse United States Govern7 ment agencies, agencies of State governments, institutions 

8 of higher learning, and private and voluntary organiza9 tions for the full cost of individuals (including for the per10 sonal services of such individuals) detailed or assigned to, 

11 or contracted by, as the case may be, USAID for the pur12 pose of carrying out activities under that heading: Pro13 vided, That up to $3,500,000 of the funds made available 

14 by this Act for assistance under the heading ‘‘Develop15 ment Assistance’’ may be used to reimburse such agencies, 

16 institutions, and organizations for such costs of such indi17 viduals carrying out other development assistance activi18 ties. 

19 (k) PERSONAL SERVICES CONTRACTORS.—Funds ap20 propriated by this Act to carry out chapter 1 of part I, 

21 chapter 4 of part II, and section 667 of the Foreign As22 sistance Act of 1961, and title II of the Agricultural Trade 

23 Development and Assistance Act of 1954, may be used 

24 by USAID to employ up to 25 personal services contrac25 tors in the United States, notwithstanding any other pro-
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1 vision of law, for the purpose of providing direct, interim 

2 support for new or expanded overseas programs and ac3 tivities managed by the agency until permanent direct hire 

4 personnel are hired and trained: Provided, That not more 

5 than 10 of such contractors shall be assigned to any bu6 reau or office, and not more than 15 percent of such con7 tractors shall be for USAID’s Afghanistan program: Pro8 vided further, That such funds appropriated to carry out 

9 title II of the Agricultural Trade Development and Assist10 ance Act of 1954, may be made available only for personal 

11 services contractors assigned to the Office of Food for 

12 Peace. 

13 (l) RECRUITMENT STRATEGY.—Funds made avail14 able under the heading ‘‘Operating Expenses’’ in title II 

15 of this Act may be made available to implement the strat16 egy described in section 7059(1) of Public Law 111–8, 

17 subject to the regular notification procedures of the Com18 mittees on Appropriations. 

19 (m) LOCALLY EMPLOYED STAFF.—Of the funds ap20 propriated under title II of this Act, up to $1,000,000, 

21 in addition to funds otherwise made available for such pur22 poses, may be made available for special compensation for 

23 overseas, locally employed staff: Provided, That not later 

24 than 90 days after enactment of this Act the USAID Ad25 ministrator shall consult with the Committees on Appro-
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1 priations on proposed guidelines for special compensation 

2 of overseas, locally employed staff, including for loss of 

3 life while on duty. 

4 GLOBAL HEALTH ACTIVITIES

5 SEC. 7060. Funds appropriated by titles III and IV 

6 of this Act that are made available for bilateral assistance 

7 for child survival activities or disease programs including 

8 activities relating to research on, and the prevention, 

9 treatment and control of, HIV/AIDS may be made avail10 able notwithstanding any other provision of law except for 

11 the provisions under the heading ‘‘Global Health and 

12 Child Survival’’ and the United States Leadership Against 

13 HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 

14 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided, 

15 That of the funds appropriated under title III of this Act, 

16 not less than $628,457,000 should be made available for 

17 family planning/reproductive health, including in areas 

18 where population growth threatens biodiversity or endan19 gered species or exacerbates human vulnerability to the 

20 effects of climate change. 

21 DEVELOPMENT GRANTS PROGRAM

22 SEC. 7061. Of the funds appropriated by this Act 

23 under the heading ‘‘Development Assistance’’, not less 

24 than $50,000,000 shall be made available for the Develop25 ment Grants Program established pursuant to section 674 
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1 of the Department of State, Foreign Operations, and Re2 lated Programs Appropriations Act, 2008 (division J of 

3 Public Law 110–161), to support grants of not more than 

4 $2,000,000 to small nongovernmental organizations: Pro5 vided, That funds made available under this section are 

6 in addition to other funds available for such purposes in7 cluding funds designated by this Act by section 7065. 

8 WOMEN IN DEVELOPMENT

9 SEC. 7062. (a) Programs funded under title III of 

10 this Act should include, where appropriate, gender consid11 erations in the planning, assessment, implementation, 

12 monitoring and evaluation of such programs. 

13 (b) Funds made available under title III of this Act 

14 should be made available to support programs to enhance 

15 economic opportunities for poor women in developing 

16 countries, including increasing the number and capacity 

17 of women-owned enterprises, improving property rights for 

18 women, increasing access to financial services, and im19 proving women’s ability to participate in the global econ20 omy. 

21 VIOLENCE AGAINST WOMEN AND GIRLS

22 SEC. 7063. Funds appropriated under the headings 

23 ‘‘Development Assistance’’ and ‘‘Economic Support 

24 Fund’’ in this Act shall be made available for programs 

25 to address sexual and other violence against women and 
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1 girls, and programs and activities funded under titles III 

2 and IV of this Act that provide training for foreign police, 

3 judicial, and military officials shall address, where appro4 priate, such violence. 

5 EDUCATION

6 SEC. 7064. (a) BASIC EDUCATION.—Of the funds ap7 propriated by title III of this Act, not less than 

8 $800,000,000 should be made available for assistance for 

9 basic education. 

10 (b) HIGHER EDUCATION.—Of the funds appropriated 

11 by title III of this Act, not less than $200,000,000 shall 

12 be made available for assistance for higher education, of 

13 which not less than $25,000,000 shall be made available 

14 for such assistance for Africa including not less than 

15 $15,000,000 to support partnerships between African and 

16 United States institutions of higher education. 

17 RECONCILIATION PROGRAMS

18 SEC. 7065. Of the funds appropriated under the 

19 headings ‘‘Development Assistance’’ and ‘‘Economic Sup20 port Fund’’ in this Act, $25,000,000 shall be made avail21 able for reconciliation programs which bring together and 

22 facilitate direct communication between individuals of dif23 ferent ethnic, religious and political backgrounds from 

24 areas of civil strife and war, of which $9,000,000 shall 

25 be made available for such programs in the Middle East: 
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1 Provided, That the Administrator of the United States 

2 Agency for International Development shall consult with 

3 the Committees on Appropriations, prior to the initial obli4 gation of funds, on the most effective uses of such funds. 

5 COMPREHENSIVE EXPENDITURES REPORT

6 SEC. 7066. Not later than 180 days after the date 

7 of enactment of this Act, the Secretary of State shall sub8 mit a report to the Committees on Appropriations detail9 ing the total amount of United States Government ex10 penditures in fiscal years 2008 and 2009, by Federal 

11 agency, for assistance programs and activities in each for12 eign country, identifying the line item as presented in the 

13 President’s Budget Appendix and the purpose for which 

14 the funds were provided: Provided, That if required, infor15 mation may be submitted in classified form. 

16 REQUESTS FOR DOCUMENTS

17 SEC. 7067. None of the funds appropriated or made 

18 available pursuant to titles III through VI of this Act shall 

19 be available to a nongovernmental organization, including 

20 any contractor, which fails to provide upon timely request 

21 any document, file, or record necessary to the auditing re22 quirements of the United States Agency for International 

23 Development. 
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1 SENIOR POLICY OPERATING GROUP

2 SEC. 7068. (a) The Senior Policy Operating Group 

3 on Trafficking in Persons, established under section 

4 105(f) of the Victims of Trafficking and Violence Protec5 tion Act of 2000 (22 U.S.C. 7103(f)) to coordinate agency 

6 activities regarding policies (including grants and grant 

7 policies) involving the international trafficking in persons, 

8 shall coordinate all such policies related to the activities 

9 of traffickers and victims of severe forms of trafficking. 

10 (b) None of the funds provided under title I of this 

11 or any other Act making appropriations for the Depart12 ment of State, foreign operations, and related programs 

13 shall be expended to perform functions that duplicate co14 ordinating responsibilities of the Operating Group. 

15 (c) The Operating Group shall continue to report only 

16 to the authorities that appointed them pursuant to section 

17 105(f). 

18 LOCALLY EMPLOYED STAFF

19 SEC. 7069. (a) SALARY AND COMPENSATION.—Not20 withstanding any other provision of law, of the funds ap21 propriated by this Act under the heading ‘‘Diplomatic and 

22 Consular Programs’’, not less than $695,000,000 should 

23 be made available for salary and compensation (including 

24 awards and special benefits) for overseas, locally employed 
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1 staff of the Department of State, to remain available until 

2 expended. 

3 (b) REVIEW.—Not later than 180 days after enact4 ment of this Act, the Secretary of State shall review salary 

5 and compensation guidelines for overseas, locally employed 

6 staff of the Department of State, and not less than every 

7 5 years thereafter, and shall establish a comprehensive 

8 database for salary and compensation information for 

9 such staff, as recommended in the Office of Inspector Gen10 eral Report Number ISP–I–09–44, April 2009. 

11 (c) GUIDELINES.—Not later than 90 days after en12 actment of this Act, the Secretary of State shall consult 

13 with the Committees on Appropriations on proposed 

14 guidelines for awards and compensation of overseas, lo15 cally employed staff of the Department of State, including 

16 for loss of life while on duty. 

17 (d) DEFINITION.—For the purposes of this section, 

18 locally employed staff shall mean employees compensated 

19 under local compensation plans established under section 

20 408 of the Foreign Service Act of 1980 (22 U.S.C. 3968). 

21 AFRICA

22 SEC. 7070. (a) COUNTERTERRORISM PROGRAMS.— 

23 Funds appropriated by this Act under the headings ‘‘De24 velopment Assistance’’, ‘‘Economic Support Fund’’, 

25 ‘‘International Narcotics Control and Law Enforcement’’, 
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1 ‘‘Nonproliferation, Anti-terrorism, Demining, and Related 

2 Programs’’, and ‘‘Peacekeeping Operations’’ shall be made 

3 available as follows: 

4 (1) Not less than $24,735,000 shall be made 

5 available for the East Africa Regional Strategic Ini6 tiative; 

7 (2) Not less than $3,600,000 shall be made 

8 available for Africa Conflict Stabilization and Border 

9 Security; 

10 (3) Not less than $85,000,000 shall be made 

11 available for Trans-Sahara Counterterrorism Part12 nership; 

13 (4) Not less than $10,000,000 shall be made 

14 available for a Horn of Africa and Pan Sahel Pro15 gram, in addition to funds otherwise made available 

16 for such purposes, to be administered by the United 

17 States Agency for International Development; and 

18 (5) Except as provided for by this subsection, 

19 funds made available pursuant to this subsection 

20 shall be made available notwithstanding any funding 

21 directives in this Act. 

22 (b) ETHIOPIA.—Funds appropriated by this Act 

23 under the heading ‘‘Foreign Military Financing Program’’ 

24 that are available for assistance for Ethiopia may be made 

25 available if the Secretary of State— 
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1 (1) submits a report to the Committees on Ap2 propriations detailing the nature of United States 

3 training and equipment provided to the Ethiopian 

4 army including steps being taken to ensure that 

5 such training and equipment is not provided to Ethi6 opian army units or personnel with records of viola7 tions of internationally recognized human rights; 

8 and 

9 (2) certifies that the Government of Ethiopia is 

10 making substantial progress in guaranteeing the 

11 rights of its citizens to peaceful expression, associa12 tion and assembly, and to document violations of 

13 internationally recognized human rights without har14 assment or criminal penalty. 

15 (c) RWANDA.—None of the funds appropriated by 

16 this Act under the heading ‘‘Foreign Military Financing 

17 Program’’ may be made available for assistance for Rwan18 da if the Secretary of State has credible evidence that the 

19 Government of Rwanda is providing political, military or 

20 financial support to armed groups in the Democratic Re21 public of the Congo that have committed violations of 

22 internationally recognized human rights, including rape, 

23 except that funds may be made available to improve bor24 der controls to prevent the importation of minerals into 

25 Rwanda by such groups. 
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1 (d) NATURAL RESOURCE TRANSPARENCY.—Funds 

2 appropriated by this Act that are available for assistance 

3 for Liberia, Sierra Leone, Nigeria, and Cote d’Ivoire shall 

4 be made available to promote and support transparency 

5 and accountability in relation to the extraction of timber, 

6 oil and gas, cocoa and other natural resources, including 

7 by strengthening implementation and monitoring of the 

8 Extractive Industries Transparency Initiative (EITI) and 

9 the Kimberley Process Certification Scheme, and none of 

10 the funds appropriated by this Act shall be used to sup11 port industrial-scale logging. 

12 (e) SUDAN LIMITATION ON ASSISTANCE.— 

13 (1) Subject to subsection (2): 

14 (A) Notwithstanding any other provision of 

15 law, none of the funds appropriated by this Act 

16 may be made available for assistance for the 

17 Government of Sudan. 

18 (B) None of the funds appropriated by this 

19 Act may be made available for the cost, as de20 fined in section 502, of the Congressional 

21 Budget Act of 1974, of modifying loans and 

22 loan guarantees held by the Government of 

23 Sudan, including the cost of selling, reducing, 

24 or canceling amounts owed to the United 
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1 States, and modifying concessional loans, guar2 antees, and credit agreements. 

3 (2) Subsection (e)(1) shall not apply if the Sec4 retary of State determines and certifies to the Com5 mittees on Appropriations that: 

6 (A) The Government of Sudan honors its 

7 pledges to cease attacks upon civilians and dis8 arms and demobilizes the Janjaweed and other 

9 government-supported militias; 

10 (B) The Government of Sudan and all gov11 ernment-supported militia groups are honoring 

12 their commitments made in all previous cease13 fire agreements; and 

14 (C) The Government of Sudan is allowing 

15 unimpeded access to Darfur to humanitarian 

16 aid organizations, the human rights investiga17 tion and humanitarian teams of the United Na18 tions, including protection officers, and an 

19 international monitoring team that is based in 

20 Darfur and has the support of the United 

21 States. 

22 (3) The provisions of subsection (e)(1) shall not 

23 apply to— 

24 (A) humanitarian assistance; 
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1 (B) assistance for the Darfur region, 

2 Southern Sudan, Southern Kordofan/Nuba 

3 Mountains State, Blue Nile State, and Abyei; 

4 and 

5 (C) assistance to support implementation 

6 of the Comprehensive Peace Agreement and the 

7 Darfur Peace Agreement or any other inter8 nationally-recognized viable peace agreement in 

9 Sudan. 

10 (4) For the purposes of this section, the term 

11 ‘‘Government of Sudan’’ shall not include the Gov12 ernment of Southern Sudan. 

13 (5) Notwithstanding any other law, assistance 

14 in this Act may be made available to the Govern15 ment of Southern Sudan to provide non-lethal mili16 tary assistance, military education and training, and 

17 defense services controlled under the International 

18 Traffic in Arms Regulations (22 CRF 120.1 et seq.) 

19 if the Secretary of State— 

20 (A) determines that the provision of such 

21 items is in the national interest of the United 

22 States; and 

23 (B) not later than 15 days before the pro24 vision of any such assistance, notifies the Com-
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1 mittees on Appropriations of such determina2 tion. 

3 (f) SOUTHERN SUDAN.—Of the funds appropriated 

4 by this Act that are available for assistance for the Gov5 ernment of Southern Sudan, not more than 50 percent 

6 may be obligated until the Secretary of State reports to 

7 the Committees on Appropriations that the government’s 

8 financial accounts have been independently audited and 

9 the results are publicly accessible, except that funds may 

10 be made available to promote and support transparency, 

11 accountability and anti-corruption efforts in relation to the 

12 management of revenues from oil and gas. 

13 (g) KIMBERLEY PROCESS.—Of the funds appro14 priated under the heading ‘‘Economic Support Fund’’ in 

15 this Act, not less than $3,000,000 shall be made available 

16 to support implementation of the Kimberley Process Cer17 tification Scheme, including to promote regional efforts to 

18 combat cross-border smuggling and to support monitoring 

19 by civil society organizations. 

20 (h) WAR CRIMES IN AFRICA.— 

21 (1) The Congress reaffirms its support for the 

22 efforts of the International Criminal Tribunal for 

23 Rwanda (ICTR) and the Special Court for Sierra 

24 Leone (SCSL) to bring to justice individuals respon-
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1 sible for war crimes and crimes against humanity in 

2 a timely manner. 

3 (2) Funds appropriated by this Act, including 

4 funds for debt restructuring, may be made available 

5 for assistance for the central government of a coun6 try in which individuals indicted by ICTR and SCSL 

7 are credibly alleged to be living, if the Secretary of 

8 State determines and reports to the Committees on 

9 Appropriations that such government is cooperating 

10 with ICTR and SCSL, including the surrender and 

11 transfer of indictees in a timely manner: Provided, 

12 That this subsection shall not apply to assistance 

13 provided under section 551 of the Foreign Assist14 ance Act of 1961 or to project assistance under title 

15 VI of this Act: Provided further, That the United 

16 States shall use its voice and vote in the United Na17 tions Security Council to fully support efforts by 

18 ICTR and SCSL to bring to justice individuals in19 dicted by such tribunals in a timely manner. 

20 (3) The prohibition in subsection (2) may be 

21 waived on a country-by-country basis if the Presi22 dent determines that doing so is in the national se23 curity interest of the United States: Provided, That 

24 prior to exercising such waiver authority, the Presi-
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1 dent shall submit a report to the Committees on Ap2 propriations, in classified form if necessary, on— 

3 (A) the steps being taken to obtain the co4 operation of the government in surrendering the 

5 indictee in question to the court of jurisdiction; 

6 (B) a strategy, including a timeline, for 

7 bringing the indictee before such court; and 

8 (C) the justification for exercising the 

9 waiver authority. 

10 (i) ZIMBABWE.— 

11 (1) The Secretary of the Treasury shall instruct 

12 the United States executive director to each inter13 national financial institution to vote against any ex14 tension by the respective institution of any loans to 

15 the Government of Zimbabwe, except to meet basic 

16 human needs or to promote democracy, unless the 

17 Secretary of State determines and reports in writing 

18 to the Committees on Appropriations that the rule 

19 of law has been restored in Zimbabwe, including re20 spect for ownership and title to property, freedom of 

21 speech and association. 

22 (2) None of the funds appropriated by this Act 

23 shall be made available for assistance for the central 

24 government of Zimbabwe, except for macroeconomic 

25 growth assistance, unless the Secretary of State 
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1 makes the determination pursuant to subsection 

2 (e)(1). 

3 ASIA

4 SEC. 7071. (a) TIBET.— 

5 (1) The Secretary of the Treasury should in6 struct the United States executive director to each 

7 international financial institution to use the voice 

8 and vote of the United States to support projects in 

9 Tibet if such projects do not provide incentives for 

10 the migration and settlement of non-Tibetans into 

11 Tibet or facilitate the transfer of ownership of Ti12 betan land and natural resources to non-Tibetans; 

13 are based on a thorough needs-assessment; foster 

14 self-sufficiency of the Tibetan people and respect Ti15 betan culture and traditions; and are subject to ef16 fective monitoring. 

17 (2) Notwithstanding any other provision of law, 

18 not less than $7,500,000 of the funds appropriated 

19 by this Act under the heading ‘‘Economic Support 

20 Fund’’ should be made available to nongovernmental 

21 organizations to support activities which preserve 

22 cultural traditions and promote sustainable develop23 ment and environmental conservation in Tibetan 

24 communities in the Tibetan Autonomous Region and 

25 in other Tibetan communities in China. 
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1 (b) BURMA.— 

2 (1) The Secretary of the Treasury shall instruct 

3 the United States executive director to each appro4 priate international financial institution in which the 

5 United States participates, to oppose and vote 

6 against the extension by such institution of any loan 

7 or financial or technical assistance or any other utili8 zation of funds of the respective bank to and for 

9 Burma. 

10 (2) Of the funds appropriated by this Act under 

11 the heading ‘‘Economic Support Fund’’, not less 

12 than $39,850,000 shall be made available for pro13 grams and activities in Burma, along the Burma14 Thailand border, of Burmese student groups and 

15 other organizations located outside Burma, and for 

16 humanitarian assistance for displaced Burmese 

17 along Burma’s borders: Provided, That such funds 

18 may be made available notwithstanding any other 

19 provision of law, except paragraph (3) of this sub20 section: Provided further, That in addition to assist21 ance for Burmese refugees provided under the head22 ing ‘‘Migration and Refugee Assistance’’ in this Act, 

23 not less than $4,000,000 shall be made available for 

24 community-based organizations operating in Thai25 land to provide food, medical and other humani-
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1 tarian assistance to internally displaced persons in 

2 eastern Burma: Provided further, That funds made 

3 available under this paragraph shall be subject to 

4 the regular notification procedures of the Commit5 tees on Appropriations. 

6 (3) Of the funds appropriated by this Act under 

7 the heading ‘‘Economic Support Fund’’ for assist8 ance for Burma, priority shall be given to bolstering 

9 ongoing activities, and to supporting other agri10 culture, health, education, microfinance and income11 generation activities: Provided, That the Assistant 

12 Secretary of State for East Asian and Pacific Af13 fairs shall consult with the Committees on Appro14 priations prior to the obligation of funds for any new 

15 program, project or activity in Burma, or along Bur16 ma’s borders with Thailand and India: Provided fur17 ther, That none of the funds appropriated by this 

18 Act may be used to support any activity that under19 mines the authority and standing of the National 

20 League for Democracy in Burma. 

21 (c) CAMBODIA.— 

22 (1) Of the funds appropriated by this Act under 

23 the headings ‘‘Development Assistance’’ and ‘‘Eco24 nomic Support Fund’’ for assistance for Cambodia, 

25 priority shall be given to democracy programs, pro-
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1 grams to support agriculture and public health, pro2 tect forests, and remove unexploded ordnance, and 

3 increasing assistance, including core support, for in4 digenous nongovernmental organizations involved in 

5 the promotion and protection of human rights, de6 mocracy and the rule of law: Provided, That prior to 

7 the obligation of funds appropriated by this Act, the 

8 Administrator of the United States Agency for 

9 International Development shall submit a report to 

10 the Committees on Appropriations detailing a fund11 ing strategy for ensuring the viability of civil society 

12 in Cambodia. 

13 (2) Funds made available in this Act for a 

14 United States contribution to a Khmer Rouge tri15 bunal may only be made available if the Secretary 

16 of State certifies to the Committees on Appropria17 tions that the United Nations and the Government 

18 of Cambodia are taking credible steps to address al19 legations of corruption and mismanagement within 

20 the tribunal. 

21 (d) INDONESIA.— 

22 (1) Of the funds appropriated by this Act under 

23 the heading ‘‘Foreign Military Financing Program’’, 

24 not to exceed $20,000,000 shall be made available 

25 for assistance for Indonesia, of which $2,000,000 is 
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1 withheld from obligation until the Secretary of State 

2 submits to the Committees on Appropriations the re3 port on Indonesia detailed under such heading in the 

4 report accompanying this Act. 

5 (2) Of the funds appropriated by this Act under 

6 the heading ‘‘Economic Support Fund’’ that are 

7 available for assistance for Indonesia, not less than 

8 $500,000 should be made available for grants for ca9 pacity building of Indonesian human rights organi10 zations, including in Papua. 

11 (e) MONGOLIA.—Funds appropriated by this Act 

12 under the heading ‘‘Economic Support Fund’’ for assist13 ance for Mongolia shall be made available notwithstanding 

14 any other provision of law for programs and activities that 

15 address mutual security interests in the region. 

16 (f) NEPAL.— 

17 (1) Funds appropriated by this Act under the 

18 heading ‘‘Foreign Military Financing Program’’ may 

19 be made available for assistance for Nepal if the 

20 Secretary of State certifies to the Committees on 

21 Appropriations that the Nepali Armed Forces 

22 (NAF) are— 

23 (A) cooperating fully with investigations 

24 and prosecutions by civilian judicial authorities 
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1 of violations of internationally recognized 

2 human rights; and 

3 (B) working constructively to redefine the 

4 NAF’s mission, implement reforms including 

5 establishment of a civilian ministry of defense 

6 to support budget transparency and account7 ability, and facilitate the assimilation of former 

8 rebel combatants into the NAF consistent with 

9 the goals of reconciliation, peace and stability. 

10 (2) The conditions in paragraph (1) shall not 

11 apply to assistance to support the deployment of 

12 members of the NAF in international peacekeeping 

13 and humanitarian relief and reconstruction oper14 ations. 

15 (g) NORTH KOREA.— 

16 (1) Funds appropriated under the heading ‘‘Mi17 gration and Refugee Assistance’’ in this Act shall be 

18 made available for assistance for refugees from 

19 North Korea. 

20 (2) Of the funds made available under the 

21 heading ‘‘International Broadcasting Operations’’ in 

22 title I of this Act, not less than $8,000,000 shall be 

23 made available for broadcasts into North Korea. 

24 (3) Of the funds appropriated by this Act under 

25 the heading ‘‘Economic Support Fund’’, $4,000,000 
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1 shall be made available for democracy, human 

2 rights, and governance programs for North Korea. 

3 (4) None of the funds made available under the 

4 heading ‘‘Economic Support Fund’’ may be made 

5 available for obligation for energy-related assistance 

6 for North Korea unless the Secretary of State deter7 mines and reports to the Committees on Appropria8 tions that North Korea is continuing to fulfill its 

9 commitments under the Six Party Talks agreements. 

10 (5) Funds appropriated in this Act and subse11 quent acts making appropriations for the Depart12 ment of State, foreign operations, and related pro13 grams for energy-related assistance for North Korea 

14 shall be reduced by an amount equivalent to the 

15 amount the Secretary of State determines the Gov16 ernment of North Korea owes the Government of the 

17 United States for the unsupervised distribution of 

18 food assistance provided by the United States: Pro19 vided, That the withholding required by this para20 graph shall continue to apply each fiscal year until 

21 the Secretary of State reports to the Committees on 

22 Appropriations that the Government of North Korea 

23 has verified that such food assistance was provided 

24 to eligible recipients as intended, or that North 
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1 Korea has fully reimbursed the Government of the 

2 United States for the costs of such food assistance. 

3 (h) PEOPLE’S REPUBLIC OF CHINA.— 

4 (1) None of the funds appropriated under the 

5 heading ‘‘Diplomatic and Consular Programs’’ in 

6 this Act may be obligated or expended for processing 

7 licenses for the export of satellites of United States 

8 origin (including commercial satellites and satellite 

9 components) to the People’s Republic of China un10 less, at least 15 days in advance, the Committees on 

11 Appropriations are notified of such proposed action. 

12 (2) The terms and requirements of section 

13 620(h) of the Foreign Assistance Act of 1961 shall 

14 apply to foreign assistance projects or activities of 

15 the People’s Liberation Army (PLA) of the People’s 

16 Republic of China, to include such projects or activi17 ties by any entity that is owned or controlled by, or 

18 an affiliate of, the PLA: Provided, That none of the 

19 funds appropriated or otherwise made available pur20 suant to this Act may be used to finance any grant, 

21 contract, or cooperative agreement with the PLA, or 

22 any entity that the Secretary of State has reason to 

23 believe is owned or controlled by, or an affiliate of, 

24 the PLA. 
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1 (3) Notwithstanding any other provision of law 

2 and subject to the regular notification procedures of 

3 the Committees on Appropriations, of the funds ap4 propriated by this Act under the heading ‘‘Develop5 ment Assistance’’, not less than $20,000,000 shall 

6 be made available to United States educational insti7 tutions and nongovernmental organizations for pro8 grams and activities in the People’s Republic of 

9 China relating to the environment, governance, the 

10 rule of law, and disaster preparedness, and may in11 clude regional exchange programs. 

12 (i) PHILIPPINES.— 

13 (1) Of the funds appropriated by this Act under 

14 the headings ‘‘Development Assistance’’ and ‘‘Eco15 nomic Support Fund’’, not less than $70,300,000 

16 shall be made available for assistance for the Phil17 ippines. 

18 (2) Of the funds appropriated by this Act under 

19 the heading ‘‘Foreign Military Financing Program’’, 

20 not to exceed $33,000,000 may be made available 

21 for assistance for the Philippines, of which 

22 $2,000,000 may not be obligated until the Secretary 

23 of State submits to the Committees on Appropria24 tions the report on the Philippines detailed under 

25 such heading in the report accompanying this Act. 
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1 (j) THAILAND.—Of the funds appropriated by this 

2 Act under the heading ‘‘Economic Support Fund’’, not 

3 less than $2,500,000 shall be made available for assist4 ance for development and conflict resolution programs in 

5 southern Thailand. 

6 (k) TIMOR LESTE.—Of the funds appropriated by 

7 this Act under the heading ‘‘Economic Support Fund’’, 

8 not less than $2,000,000, in addition to funds otherwise 

9 made available for such purposes, shall be made available 

10 for democracy programs and activities in Timor Leste, 

11 and not less than $1,500,000 shall be made available for 

12 higher education scholarships. 

13 (l) VIETNAM.—Notwithstanding any other provision 

14 of law, funds appropriated by this Act under the headings 

15 ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, 

16 and ‘‘Foreign Military Financing Program’’ may be made 

17 available for programs and activities in Vietnam, including 

18 for technical and other assistance to the Government of 

19 Vietnam for the purpose of locating and identifying Viet20 namese persons missing since 1975, and not less than 

21 $3,000,000 shall be made available for continued support 

22 for environmental remediation of dioxin contaminated 

23 sites and related health activities in Vietnam. 
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1 SERBIA

2 SEC. 7072. (a) Funds appropriated by this Act may 

3 be made available for assistance for the central Govern4 ment of Serbia after May 31, 2010, if the President has 

5 made the determination and certification contained in sub6 section (c). 

7 (b) After May 31, 2010, the Secretary of the Treas8 ury should instruct the United States executive directors 

9 to the international financial institutions to support loans 

10 and assistance to the Government of Serbia subject to the 

11 conditions in subsection (c). 

12 (c) The determination and certification referred to in 

13 subsection (a) is a determination and a certification by 

14 the President to the Committees on Appropriations that 

15 the Government of Serbia is— 

16 (1) cooperating with the International Criminal 

17 Tribunal for the former Yugoslavia including access 

18 for investigators, the provision of documents, timely 

19 information on the location, movement, and sources 

20 of financial support of indictees, and the surrender 

21 and transfer of indictees or assistance in their ap22 prehension, including Ratko Mladic; 

23 (2) taking steps that are consistent with the 

24 Dayton Accords to end Serbian financial, political, 

25 security and other support which has served to 
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1 maintain separate Republika Srpska institutions; 

2 and 

3 (3) taking steps to implement policies which re4 flect a respect for minority rights and the rule of 

5 law. 

6 (d) This section shall not apply to humanitarian as7 sistance or assistance to promote democracy. 

8 INDEPENDENT STATES OF THE FORMER SOVIET UNION

9 SEC. 7073. (a) None of the funds appropriated under 

10 the heading ‘‘Assistance for Europe, Eurasia and Central 

11 Asia’’ shall be made available for assistance for a govern12 ment of an Independent State of the former Soviet Union 

13 if that government directs any action in violation of the 

14 territorial integrity or national sovereignty of any other 

15 Independent State of the former Soviet Union, such as 

16 those violations included in the Helsinki Final Act: Pro17 vided, That such funds may be made available without re18 gard to the restriction in this subsection if the President 

19 determines that to do so is in the national security interest 

20 of the United States. 

21 (b) Funds appropriated under the heading ‘‘Assist22 ance for Europe, Eurasia and Central Asia’’ for the Rus23 sian Federation, Armenia, Kazakhstan, and Uzbekistan 

24 shall be subject to the regular notification procedures of 

25 the Committees on Appropriations. 
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1 (c)(1) Of the funds appropriated under the heading 

2 ‘‘Assistance for Europe, Eurasia and Central Asia’’ that 

3 are allocated for assistance for the Government of the 

4 Russian Federation, 60 percent shall be withheld from ob5 ligation until the President determines and certifies in 

6 writing to the Committees on Appropriations that the Gov7 ernment of the Russian Federation— 

8 (A) has terminated implementation of arrange9 ments to provide Iran with technical expertise, train10 ing, technology, or equipment necessary to develop a 

11 nuclear reactor, related nuclear research facilities or 

12 programs, or ballistic missile capability; and 

13 (B) is providing full access to international non14 government organizations providing humanitarian 

15 relief to refugees and internally displaced persons in 

16 Chechnya. 

17 (2) Paragraph (1) shall not apply to— 

18 (A) assistance to combat infectious diseases, 

19 child survival activities, or assistance for victims of 

20 trafficking in persons; and 

21 (B) activities authorized under title V (Non22 proliferation and Disarmament Programs and Ac23 tivities) of the FREEDOM Support Act. 

24 (d) Section 907 of the FREEDOM Support Act shall 

25 not apply to— 
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1 (1) activities to support democracy or assist2 ance under title V of the FREEDOM Support Act 

3 and section 1424 of Public Law 104–201 or non4 proliferation assistance; 

5 (2) any assistance provided by the Trade and 

6 Development Agency under section 661 of the For7 eign Assistance Act of 1961 (22 U.S.C. 2421); 

8 (3) any activity carried out by a member of the 

9 United States and Foreign Commercial Service while 

10 acting within his or her official capacity; 

11 (4) any insurance, reinsurance, guarantee or 

12 other assistance provided by the Overseas Private 

13 Investment Corporation under title IV of chapter 2 

14 of part I of the Foreign Assistance Act of 1961 (22 

15 U.S.C. 2191 et seq.); 

16 (5) any financing provided under the Export17 Import Bank Act of 1945; or 

18 (6) humanitarian assistance. 

19 REPRESSION IN THE RUSSIAN FEDERATION

20 SEC. 7074. (a) None of the funds appropriated under 

21 the heading ‘‘Assistance for Europe, Eurasia and Central 

22 Asia’’ in this Act may be made available for the Govern23 ment of the Russian Federation, after 180 days from the 

24 date of the enactment of this Act, unless the Secretary 
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1 of State certifies to the Committees on Appropriations 

2 that the Government of the Russian Federation: 

3 (1) has implemented no statute, Executive 

4 order, regulation or similar government action that 

5 would discriminate, or which has as its principal ef6 fect discrimination, against religious groups or reli7 gious communities in the Russian Federation in vio8 lation of accepted international agreements on 

9 human rights and religious freedoms to which the 

10 Russian Federation is a party; 

11 (2) is honoring its international obligations re12 garding freedom of expression, assembly, and press, 

13 as well as due process; 

14 (3) is investigating and prosecuting law enforce15 ment personnel credibly alleged to have committed 

16 human rights abuses against political leaders, activ17 ists and journalists; and 

18 (4) is immediately releasing political leaders, 

19 activists and journalists who remain in detention. 

20 (b) The Secretary of State may waive the require21 ments of subsection (a) if the Secretary determines that 

22 to do so is important to the national interests of the 

23 United States. 
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1 CENTRAL ASIA

2 SEC. 7075. (a) ASSISTANCE FOR KAZAKHSTAN.— 

3 Funds appropriated by this Act may be made available 

4 for assistance for the central Government of Kazakhstan 

5 only if the Secretary of State reports to the Committees 

6 on Appropriations that the Government of Kazakhstan 

7 has made significant improvements in the protection of 

8 human rights and civil liberties during the preceding 6 

9 month period, including by fulfilling obligations rec10 ommended by the Organization for Security and Coopera11 tion in Europe (OSCE) in the areas of election procedures, 

12 media freedom, freedom of religion, free assembly and mi13 nority rights, and by meeting the commitments it made 

14 in connection with its assumption of the Chairmanship of 

15 the OSCE in 2010. 

16 (b) WAIVER.—The Secretary of State may waive sub17 section (a) if the Secretary determines and reports to the 

18 Committees on Appropriations that such a waiver is im19 portant to the national security of the United States. 

20 (c) EXTRACTIVE INDUSTRIES.—Not later than 90 

21 days after enactment of this Act, the Secretary of State 

22 shall submit a report to the Committees on Appropriations 

23 detailing actions by the Government of Kazakhstan to im24 plement the Extractive Industries Transparency Initiative 
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1 and other actions to achieve transparency and account2 ability in managing revenues from oil, gas and mining. 

3 (d) REPORT.—Not later than October 1, 2010, the 

4 Secretary of State shall submit a report to the Committees 

5 on Appropriations describing the following: 

6 (1) the defense articles, defense services, and fi7 nancial assistance provided by the United States to 

8 the countries of Central Asia during the 12-month 

9 period ending 30 days prior to submission of such 

10 report; and 

11 (2) the use during such period of defense arti12 cles, defense services, and financial assistance pro13 vided by the United States by units of the armed 

14 forces, border guards, or other security forces of 

15 such countries. 

16 (e) ASSISTANCE FOR UZBEKISTAN.—Funds appro17 priated by this Act may be made available for assistance 

18 for the central Government of Uzbekistan if the Secretary 

19 of State determines and reports to the Committees on Ap20 propriations that the Government of Uzbekistan is making 

21 substantial and continuing progress— 

22 (1) in meeting its commitments under the 

23 ‘‘Declaration on the Strategic Partnership and Co24 operation Framework Between the Republic of Uz25 bekistan and the United States of America’’, includ-
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1 ing respect for internationally recognized human 

2 rights, establishing a genuine multi-party system, 

3 and ensuring free and fair elections, freedom of ex4 pression, and the independence of the media; and 

5 (2) in investigating and prosecuting the individ6 uals responsible for the deliberate killings of civilians 

7 in Andijan in May 2005. 

8 (f) RESTRICTION.—If the Secretary of State has 

9 credible evidence that any current or former official of the 

10 Government of Uzbekistan was responsible for the delib11 erate killings of civilians in Andijan in May 2005, or for 

12 other violations of internationally recognized human rights 

13 in Uzbekistan, not later than 6 months after enactment 

14 of this Act any person identified by the Secretary pursuant 

15 to this subsection shall be ineligible for admission to the 

16 United States. 

17 (g) LIMITATION ON RESTRICTION.—The restriction 

18 in subsection (f) shall cease to apply if the Secretary deter19 mines and reports to the Committees on Appropriations 

20 that the Government of Uzbekistan has taken concrete 

21 and measurable steps to improve respect for internation22 ally recognized human rights, including allowing peaceful 

23 political and religious expression, releasing imprisoned 

24 human rights defenders, and implementing recommenda25 tions made by the United Nations on torture. 
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1 (h) WAIVER.—The Secretary may waive the applica2 tion of subsection (f) if the Secretary determines that ad3 mission to the United States is necessary to attend the 

4 United Nations or to further United States diplomatic or 

5 law enforcement objectives. 

6 (i) ASSISTANCE DEFINED.—For the purpose of this 

7 section ‘‘assistance’’ shall include excess defense articles. 

8 (j) COUNTRIES DEFINED.—For purposes of this sec9 tion, the term ‘‘countries of Central Asia’’ means Uzbek10 istan, Kazakhstan, Kyrgyz Republic, Tajikistan, and 

11 Turkmenistan. 

12 AFGHANISTAN

13 SEC. 7076. (a) FUNDING.—Of the funds appro14 priated by this Act, not to exceed $2,761,500,000 should 

15 be made available for assistance for Afghanistan. 

16 (b) IN GENERAL.—Funds appropriated by this Act 

17 for assistance for Afghanistan shall be made available, to 

18 the maximum extent practicable, in a manner that utilizes 

19 Afghan entities and emphasizes the participation and lead20 ership of Afghan women. 

21 (c) ASSISTANCE FOR WOMEN AND GIRLS.— 

22 (1) The terms and conditions of section 

23 1102(b)(1) of Public Law 111–32 shall apply to as24 sistance for Afghanistan in fiscal year 2010. 
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1 (2) Of the funds appropriated by this Act for 

2 assistance for Afghanistan, not less than 

3 $150,000,000 shall be made available to support 

4 programs that directly address the needs and protect 

5 the rights of Afghan women and girls, including for 

6 the Afghan Independent Human Rights Commission, 

7 the Afghan Ministry of Women’s Affairs, and for 

8 women-led nongovernmental organizations, and of 

9 which not less than $10,000,000 shall be made 

10 available to train and support Afghan women inves11 tigators, police officers, prosecutors and judges with 

12 responsibility for investigating, prosecuting, and 

13 punishing crimes of violence against women and 

14 girls, not less than $5,000,000 shall be made avail15 able for capacity building for Afghan women-led 

16 nongovernmental organizations, and not less than 

17 $25,000,000 shall be made available to support pro18 grams and activities of such organizations, including 

19 to provide legal assistance and training for Afghan 

20 women and girls about their rights, and to promote 

21 women’s health (including mental health), education, 

22 and leadership. 

23 (d) PROCUREMENT OF AFGHAN PRODUCTS AND

24 SERVICES.—The terms and conditions of section 1102(c) 
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1 of Public Law 111–32 shall apply to assistance for Af2 ghanistan in fiscal year 2010. 

3 (e) ANTICORRUPTION.— 

4 (1) The terms and conditions of section 

5 1102(d) of Public Law 111–32 shall apply to assist6 ance for Afghanistan in fiscal year 2010. 

7 (2) Of the funds appropriated by this Act under 

8 the heading ‘‘International Narcotics Control and 

9 Law Enforcement’’ that are available for assistance 

10 for the Government of Afghanistan, $55,000,000 

11 may not be obligated for such assistance unless the 

12 Secretary of State certifies to the Committees on 

13 Appropriations that the Government of Afghanistan 

14 is cooperating fully with United States efforts 

15 against the Taliban and Al Qaeda and to reduce 

16 poppy cultivation and illicit drug trafficking: Pro17 vided, That the Secretary of State may waive the 

18 previous proviso if the Secretary reports to the Com19 mittees on Appropriations that to do so is vital to 

20 the national security interests of the United States. 

21 (f) RECONSTRUCTION ASSISTANCE.— 

22 (1) Of the funds appropriated by this Act under 

23 the heading ‘‘ ‘Economic Support Fund’ ’’ that are 

24 available for assistance for Afghanistan, not less 
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1 than $100,000,000 shall be made available for the 

2 National Solidarity Program. 

3 (2) The Secretary of State, in consultation with 

4 the Secretary of Defense and the Administrator of 

5 the United States Agency for International Develop6 ment, should enhance United States reconstruction 

7 efforts in Afghanistan by— 

8 (A) emphasizing capacity building and sup9 port of Afghan entities and institutions at the 

10 provincial and sub-provincial levels; 

11 (B) requiring civilian Provincial Recon12 struction Team (PRT) leaders to consult regu13 larly with appropriate local Afghan leaders in 

14 their respective provinces and ensuring that 

15 PRT reconstruction and development activities 

16 support local needs in a sustainable manner 

17 and in a manner that strengthens the authority 

18 and control of the Government of Afghanistan 

19 at the provincial and sub-provincial levels; and 

20 (C) directing the PRTs, as appropriate 

21 and with due regard to the safety of United 

22 States personnel and existing requirements for 

23 the reporting of waste, fraud and abuse, to pro24 vide a mechanism for local people to lodge com25 plaints regarding corruption or other mis-
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1 conduct by Afghan or foreign officials when 

2 such complaints cannot be safely and ade3 quately lodged with local law enforcement offi4 cials. 

5 (g) RULE OF LAW PROGRAMS.— 

6 (1) Of the funds appropriated by this Act under 

7 the heading ‘‘Economic Support Fund’’, not less 

8 than $5,000,000 shall be made available for rule of 

9 law and governance programs in Afghanistan, in ad10 dition to funds otherwise made available for such 

11 purposes, and the policy decisions and justification 

12 for the use of such funds shall be the responsibility 

13 of the Coordinator for Rule of Law at the United 

14 States Embassy in Kabul, Afghanistan. 

15 (2) Prior to the obligation of funds appro16 priated by this Act under the headings ‘‘Economic 

17 Support Fund’’ and ‘‘International Narcotics Con18 trol and Law Enforcement’’ for assistance for Af19 ghanistan, the Secretary of State shall submit to the 

20 Committees on Appropriations a spending plan for 

21 democracy, rule of law, and governance programs for 

22 Afghanistan, to include amounts, the purposes for 

23 which funds are made available, and intended re24 sults. 
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1 (3) Not later than 90 days after enactment of 

2 this Act, the Secretary of State shall submit a report 

3 to the Committees on Appropriations, Armed Serv4 ices and Judiciary of the Senate detailing the total 

5 funds provided for democracy, governance, and rule 

6 of law programs in Afghanistan by all United States 

7 Government agencies during the previous fiscal year, 

8 the mechanisms that exist to coordinate such pro9 grams and monitor the uses of such funds, and the 

10 metrics used for measuring progress in achieving re11 sults. 

12 (h) STRATEGIC COMMUNICATIONS.—Of the funds ap13 propriated by this Act under the heading ‘‘Economic Sup14 port Fund’’ that are available for assistance for Afghani15 stan, not less than $10,000,000 shall be for strategic com16 munications activities that counter extremist messaging. 

17 PROHIBITION ON USE OF TORTURE

18 SEC. 7077. None of the funds made available in this 

19 Act shall be used in any way whatsoever to support or 

20 justify the use of torture, cruel or inhumane treatment 

21 by any official or contract employee of the United States 

22 Government. 

23 ENTERPRISE FUNDS

24 SEC. 7078. (a) Prior to the distribution of any assets 

25 resulting from any liquidation, dissolution, or winding up 
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1 of an Enterprise Fund, in whole or in part, the President 

2 shall submit to the Committees on Appropriations, in ac3 cordance with the regular notification procedures of the 

4 Committees on Appropriations, a plan for the distribution 

5 of the assets of the Enterprise Fund. 

6 (b) Funds made available under titles III through VI 

7 of this Act for Enterprise Funds shall be expended at the 

8 minimum rate necessary to make timely payment for 

9 projects and activities and shall be subject to the regular 

10 notification procedures of the Committees on Appropria11 tions. 

12 UNITED NATIONS POPULATION FUND

13 SEC. 7079. (a) CONTRIBUTION.—Of the funds made 

14 available under the headings ‘‘International Organizations 

15 and Programs’’ in this Act for fiscal year 2010, 

16 $50,000,000 shall be made available for the United Na17 tions Population Fund (UNFPA). 

18 (b) PROHIBITION ON USE OF FUNDS IN CHINA.— 

19 None of the funds made available by this Act may be used 

20 by UNFPA for a country program in the People’s Repub21 lic of China. 

22 (c) CONDITIONS ON AVAILABILITY OF FUNDS.— 

23 Funds made available by this Act for UNFPA may not 

24 be made available unless— 
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1 (1) UNFPA maintains funds made available by 

2 this Act in an account separate from other accounts 

3 of UNFPA and does not commingle such funds with 

4 other sums; and 

5 (2) UNFPA does not fund abortions. 

6 OPIC

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 7080. (a) Whenever the President determines 

9 that it is in furtherance of the purposes of the Foreign 

10 Assistance Act of 1961, up to a total of $20,000,000 of 

11 the funds appropriated under title III of this Act may be 

12 transferred to, and merged with, funds appropriated by 

13 this Act for the Overseas Private Investment Corporation 

14 Program Account, to be subject to the terms and condi15 tions of that account: Provided, That such funds shall not 

16 be available for administrative expenses of the Overseas 

17 Private Investment Corporation: Provided further, That 

18 designated funding levels in this Act shall not be trans19 ferred pursuant to this section: Provided further, That the 

20 exercise of such authority shall be subject to the regular 

21 notification procedures of the Committees on Appropria22 tions. 

23 (b) The President of the Overseas Private Investment 

24 Corporation is hereby authorized and directed to issue, not 

25 later than 9 months after the date of enactment of this 
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1 Act, a comprehensive set of environmental, transparency 

2 and internationally recognized worker rights and human 

3 rights guidelines with requirements binding on the Cor4 poration and its investors that shall be consistently applied 

5 to all projects, funds and sub-projects supported by the 

6 Corporation: Provided, That these regulations shall be no 

7 less rigorous than the environmental and social guidelines 

8 that the Corporation has made publicly available as of 

9 June 3, 2009, and the environmental and social policies 

10 of the World Bank Group, and hereafter may be issued 

11 and further revised only following public notice and oppor12 tunity for comment: Provided further, That the Overseas 

13 Private Investment Corporation shall issue a report, not 

14 later than 180 days after enactment of this Act, high15 lighting its substantial commitment to invest in renewable 

16 and other clean energy technologies and plans to signifi17 cantly reduce greenhouse gas emissions from its portfolio: 

18 Provided further, That such commitment shall include im19 plementing a revised climate change mitigation plan to re20 duce greenhouse gas emissions associated with projects 

21 and sub-projects in the agency’s portfolio as of June 30, 

22 2008 by at least 30 percent over a 10-year period and 

23 by at least 50 percent over a 15-year period. 

24 (c) Notwithstanding section 235(a)(2) of the Foreign 

25 Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the au-
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1 thority of subsections (a) through (c) of section 234 of 

2 such Act shall remain in effect through September 30, 

3 2011. 

4 EXTRADITION

5 SEC. 7081. (a) None of the funds appropriated in this 

6 Act may be used to provide assistance (other than funds 

7 provided under the headings ‘‘International Narcotics 

8 Control and Law Enforcement’’, ‘‘Migration and Refugee 

9 Assistance’’, ‘‘Emergency Migration and Refugee Assist10 ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

11 and Related Assistance’’) for the central government of 

12 a country which has notified the Department of State of 

13 its refusal to extradite to the United States any individual 

14 indicted for a criminal offense for which the maximum 

15 penalty is life imprisonment without the possibility of pa16 role or for killing a law enforcement officer, as specified 

17 in a United States extradition request. 

18 (b) Subsection (a) shall only apply to the central gov19 ernment of a country with which the United States main20 tains diplomatic relations and with which the United 

21 States has an extradition treaty and the government of 

22 that country is in violation of the terms and conditions 

23 of the treaty. 

24 (c) The Secretary of State may waive the restriction 

25 in subsection (a) on a case-by-case basis if the Secretary 
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1 certifies to the Committees on Appropriations that such 

2 waiver is important to the national interests of the United 

3 States. 

4 CLIMATE CHANGE AND ENVIRONMENT PROGRAMS

5 SEC. 7082. (a) IN GENERAL.—Of the funds appro6 priated by this Act, up to $1,239,500,000 may be made 

7 available for programs and activities to— 

8 (1) reduce, mitigate, and sequester greenhouse 

9 gases that contribute to global climate change; 

10 (2) support climate change adaptation; and 

11 (3) protect biodiversity. 

12 (b) ENERGY PROGRAMS.—Funds appropriated by 

13 this Act under the headings ‘‘Clean Technology Fund’’ 

14 and ‘‘Strategic Climate Fund’’, and funds appropriated 

15 under the headings ‘‘Development Assistance’’, ‘‘Eco16 nomic Support Fund’’, and ‘‘Assistance for Europe, Eur17 asia and Central Asia’’, for energy programs and activi18 ties, may be made available only to promote the sustain19 able use of renewable energy technologies and energy effi20 cient end-use technologies, carbon sequestration, and car21 bon accounting, except that such funds may also be made 

22 available for technologies that utilize natural gas and al23 ternative fuels for transportation purposes. 

24 (c) ADAPTATION PROGRAMS.—Of the funds appro25 priated by this Act, not less than $50,000,000 shall be 
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1 made available for United States contributions to the 

2 Least Developed Countries Fund and the Special Climate 

3 Change Fund to support adaptation programs and activi4 ties, if the Global Environment Facility makes publicly 

5 available on its website the criteria used to determine 

6 which programs and activities receive funds, the manner 

7 in which such programs and activities meet such criteria, 

8 the extent of local involvement in such programs and ac9 tivities, the amount of funds provided, and the results 

10 achieved. 

11 (d) BIODIVERSITY PROGRAMS.—Of the funds appro12 priated by this Act, not less than $200,000,000 shall be 

13 made available for programs and activities which directly 

14 protect biodiversity, including tropical forests, wildlife, and 

15 water ecosystems, in developing countries, with a priority 

16 on strengthening the capacity of such countries to reduce 

17 emissions from deforestation and forest degradation: Pro18 vided, That of the funds made available under this para19 graph, not less than $25,000,000 shall be made available 

20 for the United States Agency for International Develop21 ment’s conservation programs in the Amazon Basin, in22 cluding $10,000,000 for such programs in Brazil: Pro23 vided further, That of the funds made available under this 

24 paragraph, not less than $18,500,000 shall be made avail25 able for the Congo Basin Forest Partnership and not less 
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1 than $10,000,000 shall be made available for the Coral 

2 Triangle Initiative: Provided further, That of the funds 

3 made available under this paragraph, not less than 

4 $3,000,000 shall be made available for international pro5 grams of the United States Fish and Wildlife Service in6 cluding in Central Africa, not less than $2,000,000 shall 

7 be made available for international programs of the 

8 United States Forest Service, and not less than 

9 $4,000,000 shall be made available to the Bureau of 

10 Oceans and International Environmental and Scientific 

11 Affairs, Department of State to support inter-agency out12 reach and capacity building programs and activities in de13 veloping countries related to implementation and enforce14 ment of section 8204 of Public Law 110–246: Provided 

15 further, That funds made available pursuant to this head16 ing may be made available as a contribution to the Gala17 pagos Invasive Species Fund. 

18 (e) CONSULTATION.—Funds made available pursuant 

19 to this section are subject to prior consultation with, and 

20 the regular notification procedures of, the Committees on 

21 Appropriations: Provided, That prior to the obligation of 

22 funds for a contribution to the Forest Carbon Partnership 

23 Facility, the Secretary of State and the Secretary of the 

24 Treasury, as appropriate, shall determine and report to 

25 the Committees on Appropriations that there have been 
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1 thorough consultations by the World Bank with interested 

2 civil society and indigenous organizations. 

3 (f) EXTRACTION OF NATURAL RESOURCES.— 

4 (1) The Secretary of the Treasury shall inform 

5 the managements of the international financial insti6 tutions and the public that it is the policy of the 

7 United States to oppose any assistance by such in8 stitutions (including but not limited to any loan, 

9 credit, grant, or guarantee) for the extraction and 

10 export of oil, gas, coal, timber, or other natural re11 source unless the government of the country has in 

12 place functioning systems for: 

13 (A) accurately accounting for payments for 

14 companies involved in the extraction and export 

15 of natural resources; 

16 (B) the independent auditing of accounts 

17 receiving such payments and the widespread 

18 public dissemination of the findings of such au19 dits; and 

20 (C) verifying government receipts against 

21 company payments including widespread dis22 semination of such payment information, and 

23 disclosing such documents as Host Government 

24 Agreements, Concession Agreements, and bid25 ding documents, allowing in any such dissemi-
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1 nation or disclosure for the redaction of, or ex2 ceptions for, information that is commercially 

3 proprietary or that would create competitive 

4 disadvantage. 

5 (2) Not later than 180 days after the enact6 ment of this Act, the Secretary of the Treasury shall 

7 submit a report to the Committees on Appropria8 tions describing, for each international financial in9 stitution, the amount and type of assistance pro10 vided, by country, for the extraction and export of 

11 oil, gas, coal, timber, or other natural resources in 

12 the preceding 12 months, and whether each institu13 tion considered, in its proposal for such assistance, 

14 the extent to which the country has functioning sys15 tems described in paragraph (1). 

16 (3) Of the funds appropriated under the head17 ing ‘‘Economic Support Fund’’ in this Act, not less 

18 than $5,000,000 shall be made available for a 

19 United States contribution to the Extractive Indus20 tries Transparency Initiative (EITI) Trust Fund, in21 cluding to improve the capacity of civil society orga22 nizations to participate in the EITI process. 

23 PROHIBITION ON PROMOTION OF TOBACCO

24 SEC. 7083. None of the funds provided by this Act 

25 shall be available to promote the sale or export of tobacco 
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1 or tobacco products, or to seek the reduction or removal 

2 by any foreign country of restrictions on the marketing 

3 of tobacco or tobacco products, except for restrictions 

4 which are not applied equally to all tobacco or tobacco 

5 products of the same type. 

6 COMMERCIAL LEASING OF DEFENSE ARTICLES

7 SEC. 7084. Notwithstanding any other provision of 

8 law, and subject to the regular notification procedures of 

9 the Committees on Appropriations, the authority of sec10 tion 23(a) of the Arms Export Control Act may be used 

11 to provide financing to Israel, Egypt and NATO and 

12 major non-NATO allies for the procurement by leasing 

13 (including leasing with an option to purchase) of defense 

14 articles from United States commercial suppliers, not in15 cluding Major Defense Equipment (other than helicopters 

16 and other types of aircraft having possible civilian applica17 tion), if the President determines that there are compel18 ling foreign policy or national security reasons for those 

19 defense articles being provided by commercial lease rather 

20 than by government-to-government sale under such Act. 

21 ANTI-KLEPTOCRACY

22 SEC. 7085. (a) In furtherance of the National Strat23 egy to Internationalize Efforts Against Kleptocracy and 

24 Presidential Proclamation 7750, the Secretary of State 

25 shall compile and maintain a list of officials of foreign gov-
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1 ernments and their immediate family members who the 

2 Secretary has credible evidence have been involved in cor3 ruption relating to the extraction of natural resources in 

4 their countries. 

5 (b) Any individual on the list compiled under sub6 section (a) shall be ineligible for admission to the United 

7 States. 

8 (c) The Secretary may waive the application of sub9 section (b) if the Secretary determines that admission to 

10 the United States is necessary to attend the United Na11 tions or to further United States law enforcement objec12 tives, or that the circumstances which caused the indi13 vidual to be included on the list have changed sufficiently 

14 to justify the removal of the individual from the list. 

15 (d) Not later than 90 days after enactment of this 

16 Act and 180 days thereafter, the Secretary of State shall 

17 report in writing, in classified form if necessary, to the 

18 Committees on Appropriations describing the evidence of 

19 corruption concerning individuals listed pursuant to sub20 section (a). 

21 (e) The Secretary of State should encourage other 

22 governments to take similar steps regarding officials of 

23 foreign governments and their family members who have 

24 been credibly alleged to be involved in corruption relating 

25 to the extraction of natural resources. 
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1 INTERNATIONAL PRISON CONDITIONS

2 SEC. 7086. (a) Not later than 180 days after enact3 ment of this Act, the Secretary of State shall submit to 

4 the Committees on Appropriations a report, which shall 

5 also be made publicly available including on the Depart6 ment of State’s website, describing the conditions in pris7 ons and other detention facilities in countries receiving 

8 United States assistance where the Assistant Secretary of 

9 State for Democracy, Human Rights and Labor has deter10 mined, based on the Department of State’s most recent 

11 Human Rights Report and any other relevant information, 

12 arbitrary detention and/or cruel, inhumane or degrading 

13 treatment of prisoners or detainees, or inhumane prison 

14 conditions, is common, and identifying those countries, if 

15 any, whose governments the Assistant Secretary deter16 mines are making significant efforts to eliminate inhu17 mane conditions and those countries whose governments 

18 the Assistant Secretary determines are not making such 

19 efforts. 

20 (b) For purposes of each determination made pursu21 ant to subsection (a), the Assistant Secretary shall con22 sider whether: 

23 (1) the number of prisoners or detainees does 

24 not so exceed prison capacity such that per capita 
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1 floor space is sufficient to allow for humane sleeping 

2 conditions and reasonable physical movement; 

3 (2) human waste facilities are available and are 

4 located separately from the prison population at 

5 large, and human waste is disposed of regularly and 

6 in a sanitary manner; 

7 (3) the lighting, ventilation, temperature and 

8 physical construction of prisons and other detention 

9 facilities do not seriously endanger health and safe10 ty; 

11 (4) prisoners and detainees have access to ade12 quate food and potable drinking water; 

13 (5) prisoners and detainees have access to basic 

14 and emergency medical care; 

15 (6) to the maximum extent practicable, pris16 oners and detainees are allowed reasonable contact 

17 with visitors and permitted religious observance; 

18 (7) the government permits prisoners and de19 tainees to submit complaints to judicial authorities 

20 without censorship, investigates credible allegations 

21 of inhumane conditions, and documents the results 

22 of such investigations in a manner that is publicly 

23 accessible; 

24 (8) the government is investigating and moni25 toring the conditions of prisons and other detention 
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1 facilities under its authority, including cooperation 

2 with international experts on eliminating inhumane 

3 conditions, and such information is available to the 

4 Secretary of State; 

5 (9) the government is appointing ombudsmen to 

6 serve on behalf of prisoners and detainees, consid7 ering alternatives to incarceration for nonviolent of8 fenders to alleviate inhumane overcrowding, making 

9 efforts to address the status and circumstances of 

10 confinement of juvenile offenders, making efforts to 

11 improve pre-trial detention, bail and recordkeeping 

12 procedures to reduce pre-trial detention periods and 

13 to ensure that prisoners do not serve beyond the 

14 maximum sentence for the charged offense; and 

15 (10) the government is increasing the amount 

16 of government resources to eliminate inhumane con17 ditions. 

18 (c) Funds appropriated by this Act to carry out the 

19 provisions of chapters 1 and 11 of part I and chapter 4 

20 of part II of the Foreign Assistance Act of 1961, and the 

21 Support for East European Democracy (SEED) Act of 

22 1989, shall be made available for assistance to help elimi23 nate inhumane conditions in prisons and other detention 

24 facilities administered by foreign governments that the 
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1 Secretary of State determines are making significant ef2 forts to eliminate such conditions. 

3 (d) The Secretary of State shall designate a Deputy 

4 Assistant Secretary of State in the Bureau of Democracy, 

5 Human Rights and labor to have primary responsibility 

6 for diplomatic efforts related to international prison condi7 tions. 

8 TRAINING AND EQUIPMENT REPORTS

9 SEC. 7087. (a) The annual foreign military training 

10 report required by section 656 of the Foreign Assistance 

11 Act of 1961 shall be submitted by the Secretary of De12 fense and the Secretary of State to the Committees on 

13 Appropriations by the date specified in that section. 

14 (b) Not later than 90 days after enactment of this 

15 Act, the Secretary of State, in consultation with other rel16 evant United States Government agencies, shall submit to 

17 the Committees on Appropriations a report detailing the 

18 equipment to be purchased with funds appropriated or 

19 otherwise made available under the headings ‘‘Inter20 national Narcotics Control and Law Enforcement’’ and 

21 ‘‘Foreign Military Financing Program’’ in this Act: Pro22 vided, That such report shall include a description of the 

23 anticipated costs associated with the operation and main24 tenance of such equipment in subsequent fiscal years: Pro25 vided further, That for the purposes of this subsection, 
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1 ‘‘equipment’’ shall be defined as any aircraft, vessel, boat 

2 or vehicle. 

3 (c) Section 656 of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2416) is amended by inserting the following 

5 new paragraph after paragraph (b)(3): 

6 ‘‘(4) For each country that received assistance 

7 under Chapter 5 of Part II of this Act during the 

8 reporting period, a calculation of the net savings to 

9 that country on training purchased at a reduced cost 

10 or incremental rate through the Foreign Military 

11 Sales program, as authorized by section 21(a)(1)(C) 

12 of the Arms Export Control Act, as amended by sec13 tion 108 of Public Law 99–83.’’. 

14 TRANSPARENCY AND ACCOUNTABILITY

15 SEC. 7088. (a) UNITED NATIONS.—Funds appro16 priated by this Act shall be made available to continue 

17 to support efforts to promote transparency and account18 ability at the United Nations, including access to audits 

19 and program information, as appropriate: Provided, That 

20 the Secretary of State, following consultation with the 

21 Committee on Appropriations, may withhold from obliga22 tion funds appropriated under the heading ‘‘International 

23 Organizations and Programs’’ for a United States con24 tribution to a United Nations organization or agency if 

25 the Secretary determines that such organization or agency 
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1 is not adequately implementing reforms to increase trans2 parency and accountability. 

3 (b) INTERNATIONAL MONETARY FUND.— 

4 (1) The Secretary of the Treasury shall instruct 

5 the United States Executive Director of the Inter6 national Monetary Fund to promote standard public 

7 disclosure of documents of the Fund presented to 

8 the Executive Board of the Fund and summaries of 

9 the minutes of meetings of the Board, as rec10 ommended by the Independent Evaluation Office of 

11 the Fund, not later than 2 years after the date of 

12 the meeting at which the document was presented or 

13 the minutes were taken (as the case may be), unless 

14 the Executive Board— 

15 (A) determines that it is appropriate to 

16 delay disclosure; and 

17 (B) posts the reason for the delay on the 

18 website of the Fund. 

19 (2) TRANSPARENCY AND ACCOUNTABILITY OF

20 LOANS, AGREEMENTS, AND OTHER PROGRAMS OF

21 THE INTERNATIONAL MONETARY FUND.—The Sec22 retary of the Treasury shall instruct the United 

23 States Executive Director of the International Mone24 tary Fund to promote— 
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1 (A) transparency and accountability in the 

2 policymaking and budgetary procedures of gov3 ernments of members of the Fund; 

4 (B) the participation of citizens and non5 governmental organizations in the economic pol6 icy choices of those governments; and 

7 (C) the adoption by those governments of 

8 loans, agreements, or other programs of the 

9 Fund through a parliamentary process or an10 other participatory and transparent process, as 

11 appropriate. 

12 (3) EFFORTS TO REDUCE THE WORST FORMS

13 OF CHILD LABOR.— 

14 (A) The Secretary of the Treasury shall in15 struct the United States Executive Director of 

16 the International Monetary Fund to promote 

17 policies and practices to reduce the worst forms 

18 of child labor (as defined in section 507(6) of 

19 the Trade Act of 1974 (19 U.S.C. 2467(6))) 

20 through education and other means, such as 

21 promoting the need for members of the Fund to 

22 develop and implement national action plans to 

23 combat the worst forms of child labor. 

24 (B) Not later than one year after the date 

25 of the enactment of this Act, the Secretary of 
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1 the Treasury shall submit to the Committees on 

2 Appropriations and Foreign Relations of the 

3 Senate and the Committees on Appropriations 

4 and Financial Services of the House of Rep5 resentatives a report describing efforts of the 

6 Fund to reduce the worst forms of child labor. 

7 (c) NATIONAL BUDGET TRANSPARENCY.— 

8 (1) None of the funds appropriated by this Act 

9 may be made available for assistance for the central 

10 government of any country that fails to publicly dis11 close on an annual basis its national budget, to in12 clude income and expenditures. 

13 (2) The Secretary of State may waive the re14 quirements of paragraph (1) for a country if the 

15 Secretary reports to the Committees on Appropria16 tions that to do so is important to the national inter17 est of the United States. 

18 (3) Of the funds appropriated by this Act under 

19 the heading ‘‘Economic Support Fund’’, up to 

20 $1,500,000 shall be made available for programs 

21 and activities to assist the central government of any 

22 country named in the reports required by paragraph 

23 (2) to improve national budget transparency: Pro24 vided, That such sums shall be in addition to funds 

25 otherwise made available for such purposes. 
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1 (d) ASSISTANCE TRANSPARENCY.—Funds appro2 priated by this Act under the heading ‘‘Economic Support 

3 Fund’’ for United States commitments to the 1987 South 

4 Pacific Tuna Treaty shall be provided with the under5 standing that the Department of State shall monitor the 

6 uses of funds provided to country recipients, and shall co7 ordinate such funds with other assistance provided to 

8 country recipients by the United States Government, as 

9 appropriate. 

10 DISABILITY PROGRAMS

11 SEC. 7089. (a) Of the funds appropriated by this Act 

12 under the heading ‘‘Economic Support Fund’’, not less 

13 than $5,000,000 shall be made available for programs and 

14 activities administered by the United States Agency for 

15 International Development (USAID) to address the needs 

16 and protect and promote the rights of people with disabil17 ities in developing countries, and for programs to dissemi18 nate information (including best practices and strategies) 

19 on independent living, advocacy, education, and transpor20 tation to people with disabilities and disability advocacy 

21 organizations in developing countries, including for the 

22 cost of translation: Provided, That of the funds made 

23 available pursuant to this section, $1,000,000 shall be 

24 available for projects to develop, support, and strengthen 
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1 sports programs in developing countries for children and 

2 adults with physical or intellectual disabilities. 

3 (b) Funds appropriated under the heading ‘‘Oper4 ating Expenses’’ in title II of this Act shall be made avail5 able to develop and implement training for staff in over6 seas USAID missions to promote the full inclusion and 

7 equal participation of people with disabilities in developing 

8 countries. 

9 (c) The Secretary of State, the Secretary of the 

10 Treasury, and the USAID Administrator shall seek to en11 sure that, where appropriate, construction projects funded 

12 by this Act are accessible to people with disabilities and 

13 in compliance with the USAID Policy on Standards for 

14 Accessibility for the Disabled, or other similar accessibility 

15 standards. 

16 (d) Of the funds made available pursuant to sub17 section (a), not more than 7 percent may be for manage18 ment, oversight, and technical support. 

19 ORPHANS, DISPLACED, AND ABANDONED CHILDREN

20 SEC. 7090. Of the funds appropriated under title III 

21 of this Act, $3,000,000 should be made available for ac22 tivities to improve the capacity of foreign government 

23 agencies and nongovernmental organizations to prevent 

24 child abandonment, address the needs of orphans, dis25 placed and abandoned children and provide permanent 
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1 homes through family reunification, guardianship and do2 mestic adoptions: Provided, That funds made available 

3 under title III of this Act should be made available, as 

4 appropriate, consistent with— 

5 (1) the goal of enabling children to remain in 

6 the care of their family of origin, but when not pos7 sible, placing children in permanent homes through 

8 adoption; 

9 (2) the principle that such placements should be 

10 based on informed consent which has not been in11 duced by payment or compensation; 

12 (3) the view that long-term foster care or insti13 tutionalization are not permanent options and 

14 should be used when no other suitable permanent 

15 options are available; and 

16 (4) the recognition that programs that protect 

17 and support families can reduce the abandonment 

18 and exploitation of children. 

19 SRI LANKA

20 SEC. 7091. (a) None of the funds appropriated by 

21 this Act under the heading ‘‘Foreign Military Financing 

22 Program’’ may be made available for assistance for Sri 

23 Lanka, no defense export license may be issued, and no 

24 military equipment or technology shall be sold or trans25 ferred to Sri Lanka pursuant to the authorities contained 
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1 in this Act or any other Act, until the Secretary of State 

2 certifies to the Committee on Appropriations that the Gov3 ernment of Sri Lanka— 

4 (1) is suspending and bringing to justice mem5 bers of the military who have been credibly alleged 

6 to have violated internationally recognized human 

7 rights or international humanitarian law; and 

8 (2) has agreed to the establishment of a field 

9 presence of the Office of the United Nations High 

10 Commissioner for Human Rights in Sri Lanka with 

11 sufficient staff and mandate to conduct full and 

12 unimpeded monitoring throughout the country and 

13 to publicize its findings; 

14 (3) is treating internally displaced persons in 

15 accordance with international standards, including 

16 by guaranteeing their freedom of movement, pro17 viding access to conflict-affected areas and popu18 lations by humanitarian organizations and journal19 ists, and accounting for persons detained in the con20 flict; and 

21 (4) is implementing policies to promote rec22 onciliation and justice including devolution of power 

23 to provincial councils in the north and east as pro24 vided for in the Constitution of Sri Lanka. 
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1 (b) Subsection (a) shall not apply to technology or 

2 equipment made available for the limited purposes of mar3 itime and aerial surveillance. 

4 (c) The Secretary of the Treasury shall instruct the 

5 United States Executive Directors of the international fi6 nancial institutions (as defined in section 1701(c)(2) of 

7 the International Financial Institutions Act (22 U.S.C. 

8 262r(c)(2))) to vote against any loan, agreement, or other 

9 financial support for Sri Lanka except to meet basic 

10 human needs, unless the Secretary of State certifies to the 

11 Committees on Appropriations that the Government of Sri 

12 Lanka is meeting the requirements in subsections (a)(3) 

13 and (4). 

14 CUBA

15 SEC. 7092. (a) Subject to subsection (b), of the funds 

16 appropriated by this Act under the heading ‘‘International 

17 Narcotics Control and Law Enforcement’’, $1,000,000 

18 shall be made available for preliminary work by the De19 partment of State, or such other entity as the Secretary 

20 of State may designate, to establish cooperation with ap21 propriate agencies of the Government of Cuba on counter22 narcotics matters, including matters relating to coopera23 tion, coordination, and mutual assistance in the interdic24 tion of illicit drugs being transported through Cuban air25 space or over Cuban waters. 
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1 (b) The amount in subsection (a) shall not be avail2 able if the Secretary certifies to the Committees on Appro3 priations that— 

4 (1) Cuba does not have in place appropriate 

5 procedures to protect against the loss of innocent 

6 life in the air and on the ground in connection with 

7 the interdiction of illegal drugs; and 

8 (2) There is credible evidence of involvement of 

9 the Government of Cuba in drug trafficking during 

10 the preceding 10 years. 

11 (c) Not later than 90 days after enactment of this 

12 Act, the Secretary of State, in consultation with the 

13 Broadcasting Board of Governors, the International 

14 Broadcasting Bureau, and other relevant agencies and or15 ganizations, shall submit to the Committees on Appropria16 tions a report detailing the following— 

17 (1) the estimated size of the audiences in Cuba 

18 for TV Marti and Radio Marti, and the sources and 

19 relative reliability of the data on which such esti20 mates are based; 

21 (2) the annual operating cost of AeroMarti and 

22 its effectiveness in increasing such audience size; 

23 (3) the annual operating cost (and total cost 

24 over the life of the contract) of the contract with TV 
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1 Azteca to broadcast TV Marti on DirecTV and its 

2 effectiveness in increasing such audience size; 

3 (4) the principal obstacles to increasing such 

4 audience size; 

5 (5) other options for disseminating news and 

6 information to Cuba which may be as, or more, cost 

7 effective, including DVDs, the Internet, and cell 

8 phones and other handheld electronic devices; 

9 (6) the basis (including supporting data, if any) 

10 for the decision to replace the two evening TV Marti 

11 news programs with five-minute updates every half 

12 hour; and 

13 (7) a formal, multi-year strategic plan for the 

14 Office of Cuba Broadcasting. 

15 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

16 ORGANIZATIONS

17 SEC. 7093. Part I of the Foreign Assistance Act of 

18 1961 (22 U.S.C. 2151 et seq.) is amended by inserting 

19 after section 104C, the following new section: 

20 ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. 

21 ‘‘Notwithstanding any other provision of law, regula22 tion, or policy, in determining eligibility for assistance au23 thorized under sections 104, 104A, 104B, and 104C— 

24 ‘‘(1) foreign nongovernmental organizations 

25 shall not be ineligible for such assistance solely on 

26 the basis of health or medical services, including 
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1 counseling and referral services, provided by such or2 ganization with non-United States Government 

3 funds if such services are permitted in the country 

4 in which they are being provided and would not vio5 late United States law if provided in the United 

6 States; and 

7 ‘‘(2) foreign nongovernmental organizations 

8 shall not be subject to requirements relating to the 

9 use of non-United States Government funds for ad10 vocacy and lobbying activities other than those that 

11 apply to United States nongovernmental organiza12 tions receiving assistance under this part.’’. 

13 This Act may be cited as the ‘‘Department of State, 

14 Foreign Operations, and Related Programs Appropria15 tions Act, 2010’’. 
Calendar No. 103 

111TH CONGRESS 

1ST SESSION S. 1434 

[Report No. 111–44] 

A BILL 

Making appropriations for the Department of 

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

JULY 9, 2009 

Read twice and placed on the calendar