II 

Calendar No. 889 

110TH CONGRESS 

2D SESSION S. 3288 

[Report No. 110–425] 

Making appropriations for the Department of State, foreign operations, and 

related programs for the fiscal year ending September 30, 2009, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 18 (legislative day, JULY 17), 2008 

Mr. LEAHY, from the Committee on Appropriations, reported under authority 

of the order of the Senate of January 4, 2007 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, 2009, 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, 2009, and for other pur6 poses, namely: 
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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 $5,290,000,000, of which $1,137,452,000 is for World11 wide Security Protection (to remain available until ex12 pended), to be allocated as follows: 

13 (1) HUMAN RESOURCES.—For necessary ex14 penses for training, human resources management, 

15 and salaries, including employment without regard 

16 to civil service and classification laws of persons on 

17 a temporary basis (not to exceed $700,000), as au18 thorized by section 801 of the United States Infor19 mation and Educational Exchange Act of 1948, 

20 $2,073,278,000 to remain available until September 

21 30, 2010. 

22 (2) OVERSEAS PROGRAMS.—For necessary ex23 penses for the regional bureaus of the Department 

24 of State and overseas activities as authorized by law, 

25 $1,515,683,000, to remain available until September 

26 30, 2010. 
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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, $572,562,000, to remain 

10 available until September 30, 2010. 

11 (4) SECURITY PROGRAMS.—For necessary ex12 penses for security activities, $1,128,477,000, to re13 main available until September 30, 2010. 

14 (5) FEES AND PAYMENTS COLLECTED.— 

15 (A) Not to exceed $1,605,150 shall be de16 rived from fees collected from other executive 

17 agencies for lease or use of facilities located at 

18 the International Center in accordance with sec19 tion 4 of the International Center Act, and, in 

20 addition, as authorized by section 5 of such 

21 Act, $490,000, to be derived from the reserve 

22 authorized by that section, to be used for the 

23 purposes set out in that section; 

24 (B) as authorized by section 810 of the 

25 United States Information and Educational Ex-
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1 change Act, not to exceed $6,000,000, to re2 main available until expended, may be credited 

3 to this appropriation from fees or other pay4 ments received from English teaching, library, 

5 motion pictures, and publication programs and 

6 from fees from educational advising and coun7 seling and exchange visitor programs; and 

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

9 derived from reimbursements, surcharges and 

10 fees for use of Blair House facilities. 

11 (6) TRANSFER AND REPROGRAMMING.— 

12 (A) Notwithstanding any provision of this 

13 Act, funds may be reprogrammed within and 

14 between subsections under this heading subject 

15 to section 714 of this Act. 

16 (B) Of the amount made available under 

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

18 transferred to, and merged with, funds appro19 priated by this Act under the heading ‘‘Emer20 gencies in the Diplomatic and Consular Serv21 ice’’, to be available only for emergency evacu22 ations and terrorism rewards. 

23 (C) Funds appropriated under this heading 

24 are available for acquisition by exchange or pur25 chase of passenger motor vehicles as authorized 
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1 by law and, pursuant to 31 U.S.C. 1108(g), for 

2 the field examination of programs and activities 

3 in the United States funded from any account 

4 contained in this title. 

5 CIVILIAN STABILIZATION INITIATIVE

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to establish, support, main8 tain, mobilize, and deploy a civilian response corps, and 

9 for related reconstruction and stabilization assistance to 

10 prevent or respond to conflict or civil strife in foreign 

11 countries or regions, or to enable transition from such 

12 strife, $115,000,000, to remain available until expended: 

13 Provided, That up to $23,014,000 may be made available 

14 to provide administrative expenses for the Office of the 

15 Coordinator for Reconstruction and Stabilization: Pro16 vided further, That after consultation with the Committees 

17 on Appropriations and subject to the regular notification 

18 procedures of the Committees on Appropriations, the Sec19 retary of State may transfer and merge up to $50,000,000 

20 of funds made available under any other heading in titles 

21 I, II, III and IV of this Act and prior Acts making appro22 priations for the Department of State, foreign operations, 

23 export financing, and related programs, with funds made 

24 available under this heading to support an actively de25 ployed civilian response corps: Provided further, That the 

26 administrative authorities of the Foreign Assistance Act 
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1 of 1961 may be utilized for assistance furnished with such 

2 funds: Provided further, That funds allocated or repro3 grammed for purposes of this section shall remain avail4 able until expended: Provided further, That none of the 

5 funds appropriated under this heading may be obligated 

6 or expended until the Secretary of State clarifies in writ7 ing to the Committees on Appropriations the relationship 

8 between existing international disaster response capabili9 ties of the United States Government and funding sources 

10 (including under the headings ‘‘International Disaster As11 sistance’’ and ‘‘Transition Initiatives’’ in this Act) and the 

12 Civilian Stabilization Initiative. 

13 CAPITAL INVESTMENT FUND

14 For necessary expenses of the Capital Investment 

15 Fund, $71,000,000, to remain available until expended, 

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

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

18 heading. 

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector 

21 General, $40,000,000, notwithstanding section 209(a)(1) 

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

23 as it relates to post inspections. 

24 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

25 For expenses of educational and cultural exchange 

26 programs, as authorized, $545,250,000, to remain avail-
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1 able until expended: Provided, That not to exceed 

2 $5,000,000, to remain available until expended, may be 

3 credited to this appropriation from fees or other payments 

4 received from or in connection with English teaching, edu5 cational advising and counseling programs, and exchange 

6 visitor programs as authorized. 

7 REPRESENTATION ALLOWANCES

8 For representation allowances as authorized, 

9 $8,175,000. 

10 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

11 For expenses, not otherwise provided, to enable the 

12 Secretary of State to provide for extraordinary protective 

13 services, as authorized, $12,000,000, to remain available 

14 until September 30, 2010. 

15 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

16 For necessary expenses for carrying out the Foreign 

17 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre18 serving, maintaining, repairing, and planning for buildings 

19 that are owned or directly leased by the Department of 

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

21 the Harry S Truman Building, and carrying out the Dip22 lomatic Security Construction Program as authorized, 

23 $800,000,000, to remain available until expended as au24 thorized, of which not to exceed $25,000 may be used for 

25 domestic and overseas representation as authorized: Pro26 vided, That none of the funds appropriated in this para-
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1 graph shall be available for acquisition of furniture, fur2 nishings, or generators for other departments and agen3 cies: Provided further, That funds made available by this 

4 paragraph may not be obligated until a plan is submitted 

5 to the Committees on Appropriations with the proposed 

6 allocation of funds made available by this Act and by pro7 ceeds of sales for all projects in fiscal year 2009. 

8 In addition, for the costs of worldwide security up9 grades, acquisition, and construction as authorized, 

10 $830,000,000, to remain available until expended: Pro11 vided, That the New Embassy Compound in London, 

12 United Kingdom shall be designed and built in a manner 

13 that is architecturally appropriate and consistent with the 

14 surrounding physical environment, and in a manner that 

15 does not compromise security requirements. 

16 In addition, for necessary expenses for overseas facil17 ity construction and related costs for the United States 

18 Agency for International Development, pursuant to sec19 tion 667 of the Foreign Assistance Act of 1961, 

20 $135,225,000, to remain available until expended. 

21 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

22 SERVICE

23 (INCLUDING TRANSFER OF FUNDS)

24 For expenses necessary to enable the Secretary of 

25 State to meet unforeseen emergencies arising in the Diplo26 matic and Consular Service, $9,000,000, to remain avail-
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1 able until expended as authorized, of which not to exceed 

2 $1,000,000 may be transferred to, and merged with, funds 

3 appropriated by this Act under the heading ‘‘Repatriation 

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

5 conditions. 

6 BUYING POWER MAINTENANCE ACCOUNT

7 To offset adverse fluctuations in foreign currency ex8 change rates and/or overseas wage and price changes, as 

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

10 Authorities Act of 1956 (22 U.S.C. 2696(b)), $5,000,000, 

11 to remain available until expended. 

12 REPATRIATION LOANS PROGRAM ACCOUNT

13 (INCLUDING TRANSFER OF FUNDS)

14 For the cost of direct loans, $678,000, as authorized: 

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

16 such loans, shall be as defined in section 502 of the Con17 gressional Budget Act of 1974. 

18 In addition, for administrative expenses necessary to 

19 carry out the direct loan program, $675,000, which may 

20 be transferred to, and merged with, funds appropriated 

21 by this Act under the heading ‘‘Diplomatic and Consular 

22 Programs’’. 

23 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

24 For necessary expenses to carry out the Taiwan Rela25 tions Act (Public Law 96–8), $16,840,000. 
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1 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

2 DISABILITY FUND

3 For payment to the Foreign Service Retirement and 

4 Disability Fund, as authorized by law, $157,100,000. 

5 INTERNATIONAL ORGANIZATIONS

6 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

7 For expenses, not otherwise provided for, necessary 

8 to meet annual obligations of membership in international 

9 multilateral organizations, pursuant to treaties ratified 

10 pursuant to the advice and consent of the Senate, conven11 tions or specific Acts of Congress, $1,529,400,000: Pro12 vided, That the Secretary of State shall, at the time of 

13 the submission of the President’s budget to Congress 

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

15 transmit to the Committees on Appropriations the most 

16 recent biennial budget prepared by the United Nations for 

17 the operations of the United Nations: Provided further, 

18 That the Secretary of State shall notify the Committees 

19 on Appropriations at least 15 days in advance (or in an 

20 emergency, as far in advance as is practicable) of any 

21 United Nations action to increase funding for any United 

22 Nations program without identifying an offsetting de23 crease elsewhere in the United Nations budget: Provided 

24 further, That any payment of arrearages under this title 

25 shall be directed toward activities that are mutually agreed 
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1 upon by the United States and the respective international 

2 organization: Provided further, That none of the funds ap3 propriated by this paragraph shall be available for a 

4 United States contribution to an international organiza5 tion for the United States share of interest costs made 

6 known to the United States Government by such organiza7 tion for loans incurred on or after October 1, 1984, 

8 through external borrowings. 

9 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

10 ACTIVITIES

11 For necessary expenses to pay assessed and other ex12 penses of international peacekeeping activities directed to 

13 the maintenance or restoration of international peace and 

14 security, $1,650,000,000, of which 15 percent shall re15 main available until September 30, 2010: Provided, That 

16 none of the funds appropriated by this Act shall be obli17 gated or expended for any new or expanded United Na18 tions peacekeeping mission unless, at least 15 days in ad19 vance of voting for a new or expanded mission in the 

20 United Nations Security Council (or in an emergency as 

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

22 Appropriations are notified of the estimated cost and 

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

24 served, and the planned exit strategy; (2) the Committees 

25 on Appropriations are notified that the United Nations 

26 has taken appropriate measures to prevent United Nations 
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1 employees, contractor personnel, and peacekeeping forces 

2 serving in any United Nations peacekeeping mission from 

3 trafficking in persons, exploiting victims of trafficking, or 

4 committing acts of illegal sexual exploitation, and to hold 

5 accountable individuals who engage in such acts while par6 ticipating in the peacekeeping mission, including the pros7 ecution in their home countries of such individuals in con8 nection with such acts; and (3) notification pursuant to 

9 section 714 of this Act is submitted, and the procedures 

10 therein followed, setting forth the source of funds that will 

11 be used to pay for the cost of the new or expanded mission: 

12 Provided further, That funds shall be available for peace13 keeping expenses only upon a certification by the Sec14 retary of State to the Committees on Appropriations that 

15 American manufacturers and suppliers are being given op16 portunities to provide equipment, services, and material 

17 for United Nations peacekeeping activities equal to those 

18 being given to foreign manufacturers and suppliers. 

19 INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided for, 

21 to meet obligations of the United States arising under 

22 treaties, or specific Acts of Congress, as follows: 
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1 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

2 UNITED STATES AND MEXICO

3 For necessary expenses for the United States Section 

4 of the International Boundary and Water Commission, 

5 United States and Mexico, and to comply with laws appli6 cable to the United States Section, including not to exceed 

7 $6,000 for representation; as follows: 

8 SALARIES AND EXPENSES

9 For salaries and expenses, not otherwise provided for, 

10 $32,256,000. 

11 CONSTRUCTION

12 For detailed plan preparation and construction of au13 thorized projects, $52,250,000, to remain available until 

14 expended, as authorized. 

15 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

16 For necessary expenses, not otherwise provided, 

17 $11,320,000, of which $6,870,000 is for the International 

18 Joint Commission and $2,250,000 is for the International 

19 Boundary Commission, United States and Canada, as au20 thorized by treaties between the United States and Can21 ada or Great Britain, and $2,200,000 is for the Border 

22 Environment Cooperation Commission as authorized by 

23 Public Law 103–182: Provided, That of the amount pro24 vided under this heading for the International Joint Com25 mission, $7,000 may be made available for representation 

26 expenses 45 days after submission to the Committees on 
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1 Appropriations of a report detailing obligations, expendi2 tures, and associated activities for fiscal years 2006, 2007, 

3 and 2008, including any unobligated funds which expired 

4 at the end of each fiscal year and the justification for why 

5 such funds were not obligated. 

6 INTERNATIONAL FISHERIES COMMISSIONS

7 For necessary expenses for international fisheries 

8 commissions, not otherwise provided for, as authorized by 

9 law, $30,025,000: Provided, That the United States share 

10 of such expenses may be advanced to the respective com11 missions pursuant to 31 U.S.C. 3324: Provided further, 

12 That funds appropriated under this heading shall be avail13 able for programs in the amounts contained in the table 

14 included in the committee report accompanying this Act 

15 and no proposal for deviation from those amounts shall 

16 be considered. 

17 RELATED AGENCY 

18 BROADCASTING BOARD OF GOVERNORS

19 INTERNATIONAL BROADCASTING OPERATIONS

20 For expenses necessary to enable the Broadcasting 

21 Board of Governors, as authorized, to carry out inter22 national communication activities, including the purchase, 

23 rent, construction, and improvement of facilities for radio 

24 and television transmission and reception and purchase, 

25 lease, and installation of necessary equipment for radio 

26 and television transmission and reception to Cuba, and to 
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1 make and supervise grants for radio and television broad2 casting to the Middle East, $682,064,000: Provided, That 

3 of the total amount in this heading, not to exceed $16,000 

4 may be used for official receptions within the United 

5 States as authorized, not to exceed $35,000 may be used 

6 for representation abroad as authorized, and not to exceed 

7 $39,000 may be used for official reception and representa8 tion expenses of Radio Free Europe/Radio Liberty; and 

9 in addition, notwithstanding any other provision of law, 

10 not to exceed $2,000,000 in receipts from advertising and 

11 revenue from business ventures, not to exceed $500,000 

12 in receipts from cooperating international organizations, 

13 and not to exceed $1,000,000 in receipts from privatiza14 tion efforts of the Voice of America and the International 

15 Broadcasting Bureau, to remain available until expended 

16 for carrying out authorized purposes: Provided further, 

17 That of the funds appropriated under this heading, not 

18 less than $8,000,000 shall be made available for broad19 casts into North Korea. 

20 BROADCASTING CAPITAL IMPROVEMENTS

21 For the purchase, rent, construction, and improve22 ment of facilities for radio and television transmission and 

23 reception, and purchase and installation of necessary 

24 equipment for radio and television transmission and recep25 tion as authorized, $11,296,000, to remain available until 

26 expended, as authorized. 
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1 RELATED PROGRAMS 

2 THE ASIA FOUNDATION

3 For a grant to the Asia Foundation, as authorized 

4 by the Asia Foundation Act (22 U.S.C. 4402), 

5 $16,000,000, to remain available until expended, as au6 thorized. 

7 UNITED STATES INSTITUTE OF PEACE

8 For necessary expenses of the United States Institute 

9 of Peace as authorized in the United States Institute of 

10 Peace Act, $31,000,000, to remain available until Sep11 tember 30, 2010. 

12 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

13 TRUST FUND

14 For necessary expenses of the Center for Middle 

15 Eastern-Western Dialogue Trust Fund, the total amount 

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

17 before September 30, 2009, to remain available until ex18 pended. 

19 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

20 For necessary expenses of Eisenhower Exchange Fel21 lowships, Incorporated, as authorized by sections 4 and 

22 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

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

24 the Eisenhower Exchange Fellowship Program Trust 

25 Fund on or before September 30, 2009, to remain avail-
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1 able until expended: Provided, That none of the funds ap2 propriated herein shall be used to pay any salary or other 

3 compensation, or to enter into any contract providing for 

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

5 5 U.S.C. 5376; or for purposes which are not in accord6 ance with OMB Circulars A–110 (Uniform Administrative 

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

8 Organizations), including the restrictions on compensation 

9 for personal services. 

10 ISRAELI ARAB SCHOLARSHIP PROGRAM

11 For necessary expenses of the Israeli Arab Scholar12 ship Program as authorized by section 214 of the Foreign 

13 Relations Authorization Act, Fiscal Years 1992 and 1993 

14 (22 U.S.C. 2452), all interest and earnings accruing to 

15 the Israeli Arab Scholarship Fund on or before September 

16 30, 2009, to remain available until expended. 

17 EAST-WEST CENTER

18 To enable the Secretary of State to provide for car19 rying out the provisions of the Center for Cultural and 

20 Technical Interchange Between East and West Act of 

21 1960, by grant to the Center for Cultural and Technical 

22 Interchange Between East and West in the State of Ha23 waii, $22,000,000: Provided, That none of the funds ap24 propriated herein shall be used to pay any salary, or enter 
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1 into any contract providing for the payment thereof, in 

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

3 NATIONAL ENDOWMENT FOR DEMOCRACY

4 For grants made by the Department of State to the 

5 National Endowment for Democracy, as authorized by the 

6 National Endowment for Democracy Act and notwith7 standing any other provision of law or regulation, 

8 $120,000,000, to remain available until expended. 

9 OTHER COMMISSIONS 

10 COMMISSION FOR THE PRESERVATION OF AMERICA’S

11 HERITAGE ABROAD

12 SALARIES AND EXPENSES

13 For necessary expenses for the Commission for the 

14 Preservation of America’s Heritage Abroad, $599,000, as 

15 authorized by section 1303 of Public Law 99–83. 

16 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

17 SALARIES AND EXPENSES

18 For necessary expenses for the United States Com19 mission on International Religious Freedom, as authorized 

20 by title II of the International Religious Freedom Act of 

21 1998 (Public Law 105–292), $4,000,000, to remain avail22 able until September 30, 2010. 
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1 COMMISSION ON SECURITY AND COOPERATION IN

2 EUROPE

3 SALARIES AND EXPENSES

4 For necessary expenses of the Commission on Secu5 rity and Cooperation in Europe, as authorized by Public 

6 Law 94–304, $2,610,000, to remain available until Sep7 tember 30, 2010. 

8 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

9 PEOPLE’S REPUBLIC OF CHINA

10 SALARIES AND EXPENSES

11 For necessary expenses of the Congressional-Execu12 tive Commission on the People’s Republic of China, as au13 thorized, $2,000,000, including not more than $3,000 for 

14 the purpose of official representation, to remain available 

15 until September 30, 2010. 

16 UNITED STATES-CHINA ECONOMIC AND SECURITY

17 REVIEW COMMISSION

18 SALARIES AND EXPENSES

19 For necessary expenses of the United States-China 

20 Economic and Security Review Commission, $1,000,000, 

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

22 representation, to remain available until September 30, 

23 2010: Provided, That none of the funds may be obligated 

24 until the Commission submits a spending plan to the Com25 mittees on Appropriations which effectively addresses the 
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1 recommendations of the Government Accountability Of2 fice’s audit of the Commission (GAO–07–1128): Provided 

3 further, That the Commission shall provide to the Commit4 tees on Appropriations an annual financial plan no later 

5 than 90 days after enactment of this Act, and a quarterly 

6 accounting of the cumulative balances of any unobligated 

7 funds that were received by the Commission during any 

8 previous fiscal year. 

9 UNITED STATES SENATE-CHINA INTERPARLIAMENTARY

10 GROUP

11 SALARIES AND EXPENSES

12 For necessary expenses of the United States Senate13 China Interparliamentary Group, as authorized under sec14 tion 153 of the Consolidated Appropriations Act, 2004 (22 

15 U.S.C. 276n; Public Law 108–99; 118 Stat. 448), 

16 $150,000, to remain available until September 30, 2010. 

17 GENERAL PROVISIONS—THIS TITLE 

18 ALLOWANCES AND DIFFERENTIALS

19 SEC. 101. Funds appropriated under title I of this 

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

21 allowances and differentials as authorized by subchapter 

22 59 of title 5, United States Code; for services as author23 ized by 5 U.S.C. 3109; and for hire of passenger transpor24 tation pursuant to 31 U.S.C. 1343(b). 
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1 UNOBLIGATED BALANCES REPORT

2 SEC. 102. The Department of State and the Broad3 casting Board of Governors shall provide to the Commit4 tees on Appropriations a quarterly accounting of the cu5 mulative balances of any unobligated funds that were re6 ceived by such agency during any previous fiscal year. 

7 EMBASSY CONSTRUCTION

8 SEC. 103. (a) Of funds provided under title I of this 

9 Act, except as provided in subsection (b), a project to con10 struct a diplomatic facility of the United States may not 

11 include office space or other accommodations for an em12 ployee of a Federal agency or department if the Secretary 

13 of State determines that such department or agency has 

14 not provided to the Department of State the full amount 

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

16 the Secure Embassy Construction and Counterterrorism 

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

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

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

20 629 of the Departments of Commerce, Justice, and State, 

21 the Judiciary, and Related Agencies Appropriations Act, 

22 2005. 

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

24 a project to construct a diplomatic facility of the United 

25 States may include office space or other accommodations 

26 for members of the Marine Corps. 
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1 PEACEKEEPING MISSIONS

2 SEC. 104. None of the funds made available under 

3 title I of this Act may be used for any United Nations 

4 undertaking when it is made known to the Federal official 

5 having authority to obligate or expend such funds that: 

6 (1) the United Nations undertaking is a peacekeeping mis7 sion; (2) such undertaking will involve United States 

8 Armed Forces under the command or operational control 

9 of a foreign national; and (3) the President’s military advi10 sors have not submitted to the President a recommenda11 tion that such involvement is in the national interests of 

12 the United States and the President has not submitted 

13 to the Congress such a recommendation. 

14 SENIOR POLICY OPERATING GROUP

15 SEC. 105. (a) The Senior Policy Operating Group on 

16 Trafficking in Persons, established under section 105(f) 

17 of the Victims of Trafficking and Violence Protection Act 

18 of 2000 (22 U.S.C. 7103(f)) to coordinate agency activi19 ties regarding policies (including grants and grant poli20 cies) involving the international trafficking in persons, 

21 shall coordinate all such policies related to the activities 

22 of traffickers and victims of severe forms of trafficking. 

23 (b) None of the funds provided under title I of this 

24 or any other Act making appropriations for Department 

25 of State and Related Agencies shall be expended to per-
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1 form functions that duplicate coordinating responsibilities 

2 of the Operating Group. 

3 (c) The Operating Group shall continue to report only 

4 to the authorities that appointed them pursuant to section 

5 105(f). 

6 UNITED STATES CITIZENS BORN IN JERUSALEM

7 SEC. 106. For the purposes of registration of birth, 

8 certification of nationality, or issuance of a passport of 

9 a United States citizen born in the city of Jerusalem, the 

10 Secretary of State shall, upon request of the citizen, 

11 record the place of birth as Israel. 

12 CONSULTING SERVICES

13 SEC. 107. The expenditure of any appropriation 

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

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

16 be limited to those contracts where such expenditures are 

17 a matter of public record and available for public inspec18 tion, except where otherwise provided under existing law, 

19 or under existing Executive order issued pursuant to exist20 ing law. 

21 BROADCASTING PROGRAMS

22 SEC. 108. Of the funds appropriated under the head23 ing ‘‘Diplomatic and Consular Programs’’ in this Act, 

24 $1,000,000 shall be made available to the Bureau of Inter25 national Information Programs to disseminate informa26 tion in Mandarin in the People’s Republic of China, in-
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1 cluding on issues of governance, transparency, corruption, 

2 rule of law, and the environment, and the findings of the 

3 report required by section 735(f)(2) of this Act, through 

4 the Internet, text messaging or other means, directed to 

5 economically depressed areas of the People’s Republic of 

6 China: Provided, That such funds are in addition to funds 

7 otherwise made available for such purposes: Provided fur8 ther, That the Department of State shall consult with the 

9 Committees on Appropriations prior to the initial obliga10 tion of funds appropriated by this section. 

11 STATE DEPARTMENT AUTHORITIES

12 SEC. 109. (a) Funds appropriated under title I of this 

13 Act for the Broadcasting Board of Governors and the De14 partment of State may be obligated and expended notwith15 standing section 15 of the State Department Basic Au16 thorities Act of 1956, section 313 of the Foreign Relations 

17 Authorization Act, Fiscal Years 1994 and 1995 (Public 

18 Law 103–236), and section 504(a)(1) of the National Se19 curity Act of 1947 (50 U.S.C. 414(a)(1)). 

20 (b) During fiscal year 2009, foreign service annu21 itants may be employed, notwithstanding section 316.401 

22 of title 5, Code of Federal Regulations, pursuant to waiv23 ers under section 824(g)(1)(C)(ii) of the Foreign Service 

24 Act of 1980 (22 U.S.C. 4064(g)(1)(C)(ii)). 
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1 PERSONNEL ACTIONS

2 SEC. 110. Any costs incurred by a department or 

3 agency funded under this Act resulting from personnel ac4 tions taken in response to funding reductions included in 

5 this Act shall be absorbed within the total budgetary re6 sources available to such department or agency: Provided, 

7 That the authority to transfer funds between appropria8 tions accounts as may be necessary to carry out this sec9 tion is provided in addition to authorities included else10 where in this Act: Provided further, That use of funds to 

11 carry out this section shall be treated as a reprogramming 

12 of funds under section 714 of title VII of this Act and 

13 shall not be available for obligation or expenditure except 

14 in compliance with the procedures set forth in that section. 

15 RESTRICTIONS ON UNITED NATIONS DELEGATIONS

16 SEC. 111. 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. 
26 

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1 PEACEKEEPING ASSESSMENT

2 SEC. 112. Section 404(b)(2)(B) of the Foreign Rela3 tions Authorization Act, Fiscal Years 1994 and 1995, (22 

4 U.S.C. 287e note) is amended by deleting subsection (v) 

5 and inserting in lieu thereof: 

6 ‘‘(v) For assessments made during each of the cal7 endar years 2005, 2006, 2007, 2008, and 2009, 27.1 per8 cent.’’. 

9 COMMISSION FINANCIAL MANAGEMENT

10 SEC. 113. (a) REQUIREMENT FOR PERFORMANCE

11 REVIEWS.—The United States-China Economic and Secu12 rity Review Commission shall comply with chapter 43 of 

13 title 5, United States Code, regarding the establishment 

14 and regular review of employee performance appraisals. 

15 (b) LIMITATION ON CASH AWARDS.—The United 

16 States-China Economic and Security Review Commission 

17 shall comply with section 4505a of title 5, United States 

18 Code, with respect to limitations on payment of perform19 ance-based cash awards. 

20 TRANSPARENCY IN BROADCASTING

21 SEC. 114. Funds appropriated under the heading 

22 ‘‘International Broadcasting Operations’’ in this Act for 

23 programs and activities supporting international broad24 casting to the Middle East and Iran in fiscal year 2009 

25 may be made available if the United States Department 

26 of State and the Broadcasting Board of Governors Inspec-
27 

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1 tor General reports to the Committees on Appropriations 

2 that such broadcasting meets the standards in the Office 

3 of Inspector General report ISP–IB–08–45, May 2008. 

4 CONSULAR AFFAIRS REFORM

5 SEC. 115. Of the funds made available in fiscal year 

6 2009 as revenue from fees for the Department of State 

7 Border Security Program, 20 percent are withheld until 

8 the Secretary of State certifies and reports to the Commit9 tees on Appropriations that the Department of State is 

10 implementing recommendations contained in the Office of 

11 Inspector General audit ‘‘Review of Controls and Notifica12 tion for Access to Passport Records in the Department 

13 of State’s Passport Information Electronic Records Sys14 tem (PIERS)’’ (AUD/IP–08–29), July 2008. 

15 TITLE II 

16 UNITED STATES AGENCY FOR INTERNATIONAL 

17 DEVELOPMENT 

18 ADMINISTRATION OF FOREIGN ASSISTANCE

19 FUNDS APPROPRIATED TO THE PRESIDENT

20 OPERATING EXPENSES OF THE UNITED STATES AGENCY

21 FOR INTERNATIONAL DEVELOPMENT

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out the provisions 

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

25 $817,184,000, of which up to $35,000,000 may remain 

26 available until September 30, 2010: Provided, That none 
28 

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1 of the funds appropriated under this heading and under 

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

3 be made available to finance the construction (including 

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

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

6 International Development (USAID), unless the USAID 

7 Administrator has identified such proposed construction 

8 (including architect and engineering services), purchase, 

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

10 Committees on Appropriations at least 15 days prior to 

11 the obligation of funds for such purposes: Provided fur12 ther, That the previous proviso shall not apply when the 

13 total cost of construction (including architect and engi14 neering services), purchase, or long-term lease of offices 

15 does not exceed $1,000,000: Provided further, That con16 tracts or agreements entered into with funds appropriated 

17 under this heading may entail commitments for the ex18 penditure of such funds through fiscal year 2010: Pro19 vided further, That any decision to open a new USAID 

20 overseas mission or office or, except where there is a sub21 stantial security risk to mission personnel, to close or sig22 nificantly reduce the number of personnel of any such mis23 sion or office, shall be subject to the regular notification 

24 procedures of the Committees on Appropriations: Provided 

25 further, That the authority of sections 610 and 109 of the 
29 

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1 Foreign Assistance Act of 1961 may be exercised by the 

2 Secretary of State to transfer funds appropriated to carry 

3 out chapter 1 of part I of such Act to ‘‘Operating Ex4 penses of the United States Agency for International De5 velopment’’ in accordance with the provisions of those sec6 tions: Provided further, That not later than 90 days after 

7 enactment of this Act, the USAID Administrator, after 

8 consulting with the Secretaries of Defense, Treasury, Ag9 riculture, Interior, Energy, and Health and Human Serv10 ices, the Director of the Centers for Disease Control and 

11 Prevention, the Administrator of the Environmental Pro12 tection Agency, and the heads of other relevant Federal 

13 departments and agencies, shall submit to the Committees 

14 on Appropriations a recruitment strategy for current and 

15 former employees from such departments and agencies 

16 who possess skills and/or overseas experience which would 

17 enhance USAID’s capacity to carry out its mission: Pro18 vided further, That notwithstanding any other provision of 

19 law, funds made available under this heading may be made 

20 available to implement the strategy described in the pre21 vious proviso, subject to the regular notification proce22 dures of the Committees on Appropriations: Provided fur23 ther, That notwithstanding section 307 of the Foreign 

24 Service Act of 1980, the USAID Administrator may hire 

25 up to 50 individuals per year under the Development 
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1 Leadership Initiative: Provided further, That the authority 

2 contained in the previous proviso shall expire on Sep3 tember 30, 2011. 

4 CAPITAL INVESTMENT FUND OF THE UNITED STATES

5 AGENCY FOR INTERNATIONAL DEVELOPMENT

6 For necessary expenses for overseas construction and 

7 related costs, and for the procurement and enhancement 

8 of information technology and related capital investments, 

9 pursuant to section 667 of the Foreign Assistance Act of 

10 1961, $35,775,000, to remain available until expended: 

11 Provided, That this amount is in addition to funds other12 wise available for such purposes: Provided further, That 

13 funds appropriated under this heading shall be available 

14 for obligation only pursuant to the regular notification 

15 procedures of the Committees on Appropriations. 

16 OPERATING EXPENSES OF THE UNITED STATES AGENCY

17 FOR INTERNATIONAL DEVELOPMENT OFFICE OF IN18 SPECTOR GENERAL

19 For necessary expenses to carry out the provisions 

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

21 $42,600,000, to remain available until September 30, 

22 2010, which sum shall be available for the Office of the 

23 Inspector General of the United States Agency for Inter24 national Development. 
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1 TITLE III 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 For expenses necessary to enable the President to 

5 carry out the provisions of the Foreign Assistance Act of 

6 1961, and for other purposes, to remain available until 

7 September 30, 2009, unless otherwise specified herein, as 

8 follows: 

9 GLOBAL HEALTH AND CHILD SURVIVAL

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the provisions 

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

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

14 funds otherwise available for such purposes, 

15 $1,961,000,000, to remain available until September 30, 

16 2010, and which shall be apportioned directly to the 

17 United States Agency for International Development: Pro18 vided, That none of the funds appropriated under this 

19 paragraph may be made available for nonproject assist20 ance, except that funds may be made available for such 

21 assistance for ongoing health activities: Provided further, 

22 That of the funds appropriated under this paragraph, not 

23 to exceed $400,000, in addition to funds otherwise avail24 able for such purposes, may be used to monitor and pro25 vide oversight of child survival, maternal and family plan26 ning/reproductive health, and infectious disease programs: 
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1 Provided further, That of the funds appropriated under 

2 this paragraph the following amounts should be allocated 

3 as follows: $500,000,000 for child survival and maternal 

4 health; $15,000,000 for vulnerable children; $350,000,000 

5 for HIV/AIDS, of which not less than $45,000,000 shall 

6 be made available to support the development of 

7 microbicides; $661,000,000 for other infectious diseases, 

8 including $385,000,000 for malaria control and 

9 $155,000,000 for tuberculosis control, of which 

10 $15,000,000 shall be used for the Global TB Drug Facil11 ity, and $26,000,000 for the control of neglected tropical 

12 diseases; and $435,000,000 for family planning/reproduc13 tive health, including in areas where population growth 

14 threatens biodiversity or endangered species: Provided fur15 ther, That of the funds appropriated under this paragraph, 

16 $75,000,000 should be made available for a United States 

17 contribution to The GAVI Fund, and up to $5,000,000 

18 may be transferred to and merged with funds appropriated 

19 by this Act under the heading ‘‘Operating Expenses of the 

20 United States Agency for International Development’’ for 

21 costs directly related to global health, but funds made 

22 available for such costs may not be derived from amounts 

23 made available for contributions under this and preceding 

24 provisos: Provided further, That none of the funds made 

25 available by this Act nor any unobligated balances from 
33 

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1 prior appropriations Acts may be made available to any 

2 organization or program which, as determined by the Sec3 retary of State, supports or participates in the manage4 ment of a program of coercive abortion or involuntary 

5 sterilization: Provided further, That any determination 

6 made under the previous proviso must be made no later 

7 than 6 months after the date of enactment of this Act, 

8 and must be accompanied by a comprehensive analysis as 

9 well as the evidence and criteria utilized to make the deter10 mination: Provided further, That none of the funds made 

11 available under this Act may be used to pay for the per12 formance of abortion as a method of family planning or 

13 to motivate or coerce any person to practice abortions: 

14 Provided further, That nothing in this paragraph shall be 

15 construed to alter any existing statutory prohibitions 

16 against abortion under section 104 of the Foreign Assist17 ance Act of 1961: Provided further, That none of the funds 

18 made available under this Act may be used to lobby for 

19 or against abortion: Provided further, That in order to re20 duce reliance on abortion in developing nations, funds 

21 shall be available only to voluntary family planning 

22 projects which offer, either directly or through referral to, 

23 or information about access to, a broad range of family 

24 planning methods and services, and that any such vol25 untary family planning project shall meet the following re-
34 

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1 quirements: (1) service providers or referral agents in the 

2 project shall not implement or be subject to quotas, or 

3 other numerical targets, of total number of births, number 

4 of family planning acceptors, or acceptors of a particular 

5 method of family planning (this provision shall not be con6 strued to include the use of quantitative estimates or indi7 cators for budgeting and planning purposes); (2) the 

8 project shall not include payment of incentives, bribes, 

9 gratuities, or financial reward to: (A) an individual in ex10 change for becoming a family planning acceptor; or (B) 

11 program personnel for achieving a numerical target or 

12 quota of total number of births, number of family planning 

13 acceptors, or acceptors of a particular method of family 

14 planning; (3) the project shall not deny any right or ben15 efit, including the right of access to participate in any pro16 gram of general welfare or the right of access to health 

17 care, as a consequence of any individual’s decision not to 

18 accept family planning services; (4) the project shall pro19 vide family planning acceptors comprehensible information 

20 on the health benefits and risks of the method chosen, in21 cluding those conditions that might render the use of the 

22 method inadvisable and those adverse side effects known 

23 to be consequent to the use of the method; and (5) the 

24 project shall ensure that experimental contraceptive drugs 

25 and devices and medical procedures are provided only in 
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1 the context of a scientific study in which participants are 

2 advised of potential risks and benefits; and, not less than 

3 60 days after the date on which the Administrator of the 

4 United States Agency for International Development de5 termines that there has been a violation of the require6 ments contained in paragraph (1), (2), (3), or (5) of this 

7 proviso, or a pattern or practice of violations of the re8 quirements contained in paragraph (4) of this proviso, the 

9 Administrator shall submit to the Committees on Appro10 priations a report containing a description of such viola11 tion and the corrective action taken by the Agency: Pro12 vided further, That in awarding grants for natural family 

13 planning under section 104 of the Foreign Assistance Act 

14 of 1961 no applicant shall be discriminated against be15 cause of such applicant’s religious or conscientious com16 mitment to offer only natural family planning; and, addi17 tionally, all such applicants shall comply with the require18 ments of the previous proviso: Provided further, That for 

19 purposes of this or any other Act authorizing or appro20 priating funds for the Department of State, foreign oper21 ations, and related programs, the term ‘‘motivate’’, as it 

22 relates to family planning assistance, shall not be con23 strued to prohibit the provision, consistent with local law, 

24 of information or counseling about all pregnancy options: 

25 Provided further, That information provided about the use 
36 

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1 of condoms as part of projects or activities that are funded 

2 from amounts appropriated by this Act shall be medically 

3 accurate and shall include the public health benefits and 

4 failure rates of such use. 

5 In addition, for necessary expenses to carry out the 

6 provisions of the Foreign Assistance Act of 1961 for the 

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

8 HIV/AIDS, $4,779,000,000, to remain available until ex9 pended, and which shall be apportioned directly to the De10 partment of State: Provided, That of the funds appro11 priated under this paragraph, not less than $600,000,000 

12 shall be made available, notwithstanding any other provi13 sion of law, except for the United States Leadership 

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

15 (Public Law 108–25) for a United States contribution to 

16 the Global Fund to Fight AIDS, Tuberculosis and Ma17 laria, and shall be expended at the minimum rate nec18 essary to make timely payment for projects and activities: 

19 Provided further, That up to 3 percent of the aggregate 

20 amount of funds made available to the Global Fund in 

21 fiscal year 2009 may be made available to the United 

22 States Agency for International Development for technical 

23 assistance related to the activities of the Global Fund: 

24 Provided further, That of the funds appropriated under 

25 this paragraph, up to $14,000,000 may be made available, 
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1 in addition to amounts otherwise available for such pur2 poses, for administrative expenses of the Office of the 

3 Global AIDS Coordinator: Provided further, That of the 

4 funds appropriated under this paragraph, not less than 

5 $40,000,000 shall be made available for a United States 

6 contribution to UNAIDS: Provided further, That funds 

7 made available under this heading shall be made available 

8 notwithstanding the second sentence of section 403(a) of 

9 Public Law 108–25. 

10 DEVELOPMENT ASSISTANCE

11 For necessary expenses to carry out the provisions 

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

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

14 of 1961, $1,850,000,000, to remain available until Sep15 tember 30, 2010: Provided, That of the funds appro16 priated under this heading that are made available for as17 sistance programs for displaced and orphaned children 

18 and victims of war, not to exceed $44,000, in addition to 

19 funds otherwise available for such purposes, may be used 

20 to monitor and provide oversight of such programs: Pro21 vided further, That of the funds appropriated by this Act, 

22 not less than $250,000,000 shall be made available for 

23 microenterprise and microfinance development programs 

24 for the poor, especially women: Provided further, That of 

25 the funds appropriated under this heading, not less than 

26 $29,000,000 shall be made available for Collaborative Re-
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1 search Support Programs: Provided further, That of the 

2 funds appropriated under this heading, not less than 

3 $22,500,000 shall be made available for the American 

4 Schools and Hospitals Abroad program: Provided further, 

5 That of the funds appropriated under this heading, 

6 $10,000,000 shall be made available for cooperative devel7 opment programs within the Office of Private and Vol8 untary Cooperation: Provided further, That of the funds 

9 appropriated in this Act, not less than $300,000,000 shall 

10 be made available for programs and activities to imple11 ment the Senator Paul Simon Water for the Poor Act of 

12 2005 (Public Law 109–121), including for monitoring of 

13 water quality, of which not less than $125,000,000 should 

14 be made available for such projects in Africa. 

15 INTERNATIONAL DISASTER ASSISTANCE

16 For necessary expenses to carry out the provisions 

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

18 international disaster relief, rehabilitation, and recon19 struction assistance, $450,000,000, to remain available 

20 until expended. 

21 GLOBAL FOOD SECURITY

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, to enhance global food security and for agri25 cultural development programs, notwithstanding any other 

26 provision of law and in addition to funds otherwise made 
39 

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1 available for such purposes, $150,000,000, to remain 

2 available until expended: Provided, That funds shall be 

3 made available for local or regional purchase and distribu4 tion of food: Provided further, That prior to the obligation 

5 of funds and after consultation with other relevant Fed6 eral departments and agencies, the Committees on Appro7 priations, and relevant nongovernmental organizations, 

8 the Administrator of the United States Agency for Inter9 national Development shall submit to the Committees on 

10 Appropriations a strategy for achieving the goals of this 

11 paragraph, specifying the intended country beneficiaries, 

12 amounts of funding, types of activities to be funded, and 

13 expected quantifiable results: Provided further, That of the 

14 funds appropriated under this heading, not less than 

15 $7,000,000 shall be made available for a United States 

16 contribution to the Global Crop Diversity Trust: Provided 

17 further, That notwithstanding any other provision of law, 

18 to include minimum funding requirements or funding di19 rectives, funds made available under the headings ‘‘Devel20 opment Assistance’’ and ‘‘Economic Support Fund’’ in 

21 prior Acts making appropriations for foreign operations, 

22 export financing, and related programs may be made 

23 available to address critical food shortages, subject to 

24 prior consultation with, and the regular notification proce25 dures of, the Committees on Appropriations. 
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1 TRANSITION INITIATIVES

2 For necessary expenses for international disaster re3 habilitation and reconstruction assistance pursuant to sec4 tion 491 of the Foreign Assistance Act of 1961, 

5 $50,000,000, to remain available until expended, to sup6 port transition to democracy and to long-term develop7 ment of countries in crisis: Provided, That such support 

8 may include assistance to develop, strengthen, or preserve 

9 democratic institutions and processes, revitalize basic in10 frastructure, and foster the peaceful resolution of conflict: 

11 Provided further, That the United States Agency for Inter12 national Development shall submit a report to the Com13 mittees on Appropriations at least 5 days prior to begin14 ning a new program of assistance: Provided further, That 

15 if the Secretary of State determines that it is important 

16 to the national interests of the United States to provide 

17 transition assistance in excess of the amount appropriated 

18 under this heading, up to $15,000,000 of the funds appro19 priated by this Act to carry out the provisions of part I 

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

21 purposes of this heading and under the authorities appli22 cable to funds appropriated under this heading: Provided 

23 further, That funds made available pursuant to the pre24 vious proviso shall be made available subject to prior con25 sultation with the Committees on Appropriations. 
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1 DEVELOPMENT CREDIT AUTHORITY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans and loan guarantees pro4 vided by the United States Agency for International De5 velopment, as authorized by sections 256 and 635 of the 

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

7 be derived by transfer from funds appropriated by this Act 

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

9 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro10 vided, That funds provided under this paragraph and 

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

12 Foreign Assistance Act of 1961 shall be made available 

13 only for micro and small enterprise programs, urban pro14 grams, and other programs which further the purposes of 

15 part I of such Act: Provided further, That such costs, in16 cluding the cost of modifying such direct and guaranteed 

17 loans, shall be as defined in section 502 of the Congres18 sional Budget Act of 1974, as amended: Provided further, 

19 That funds made available by this paragraph may be used 

20 for the cost of modifying any such guaranteed loans under 

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

22 be subject to the regular notification procedures of the 

23 Committees on Appropriations: Provided further, That the 

24 provisions of section 107A(d) (relating to general provi25 sions applicable to the Development Credit Authority) of 

26 the Foreign Assistance Act of 1961, as contained in sec-
42 

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1 tion 306 of H.R. 1486 as reported by the House Com2 mittee on International Relations on May 9, 1997, shall 

3 be applicable to direct loans and loan guarantees provided 

4 under this heading. 

5 In addition, for administrative expenses to carry out 

6 credit programs administered by the United States Agency 

7 for International Development, $9,000,000, which may be 

8 transferred to, and merged with, funds appropriated by 

9 this Act under the heading ‘‘Operating Expenses of the 

10 United States Agency for International Development’’: 

11 Provided, That funds made available under this heading 

12 shall remain available until September 30, 2011. 

13 ECONOMIC SUPPORT FUND

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses to carry out the provisions 

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

17 1961, $3,098,904,000, to remain available until Sep18 tember 30, 2010: Provided, That $11,000,000 of the 

19 funds appropriated under this heading should be made 

20 available for Cyprus to be used only for scholarships, ad21 ministrative support of the scholarship program, 

22 bicommunal projects, and measures aimed at reunification 

23 of the island and designed to reduce tensions and promote 

24 peace and cooperation between the two communities on 

25 Cyprus: Provided further, That funds appropriated under 

26 this heading that are made available for a Middle East 
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1 Financing Facility, Middle East Enterprise Fund, or any 

2 other similar entity in the Middle East shall be subject 

3 to the regular notification procedures of the Committees 

4 on Appropriations. 

5 DEMOCRACY FUND

6 (a) For necessary expenses to carry out the provisions 

7 of the Foreign Assistance Act of 1961 for the promotion 

8 of democracy globally, $117,500,000, to remain available 

9 until September 30, 2011, of which $85,000,000 shall be 

10 made available for the Human Rights and Democracy 

11 Fund of the Bureau of Democracy, Human Rights and 

12 Labor, Department of State. 

13 (b) Of the funds appropriated under this heading that 

14 are made available to the Bureau of Democracy, Human 

15 Rights and Labor, not less than $25,000,000 shall be 

16 made available for the promotion of democracy in the Peo17 ple’s Republic of China, Hong Kong, and Taiwan, and not 

18 less than $10,000,000 shall be made available for the pro19 motion of democracy in countries located outside the Mid20 dle East region with a significant Muslim population, and 

21 where such programs and activities would be important 

22 to respond to, deter, or prevent extremism: Provided, That 

23 assistance for Taiwan should be matched from sources 

24 other than the United States Government. 
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1 (c) Of the funds appropriated under this heading, 

2 $5,000,000 shall be made available for Internet activities 

3 to expand access and information in closed societies. 

4 (d) Of the funds appropriated under this heading, 

5 $2,500,000 shall be made available for the promotion of 

6 democracy in Syria, $2,500,000 shall be made available 

7 for such programs in Libya, and $2,500,000 shall be made 

8 available for such programs in North Korea. 

9 (e) Of the funds appropriated under this heading, up 

10 to $20,000,000 shall be made available for programs to 

11 promote democracy in Iran and to counter the political 

12 influence of the Government of Iran in Lebanon and the 

13 West Bank and Gaza: Provided, That none of such funds 

14 may be used for educational and cultural exchanges. 

15 (f) Funds appropriated by this Act that are made 

16 available for the promotion of democracy may be made 

17 available notwithstanding any other provision of law. 

18 Funds appropriated under this heading are in addition to 

19 funds otherwise made available for such purposes. 

20 (g) For the purposes of funds appropriated by this 

21 Act, the term ‘‘promotion of democracy’’ means programs 

22 that support good governance, human rights, independent 

23 media, and the rule of law, and otherwise strengthen the 

24 capacity of democratic political parties, governments, non25 governmental organizations and institutions, and citizens 
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1 to support the development of democratic states, institu2 tions, and practices that are responsive and accountable 

3 to citizens. 

4 (h) Any contract, grant, or cooperative agreement (or 

5 any amendment to any contract, grant, or cooperative 

6 agreement) in excess of $2,500,000 for the promotion of 

7 democracy under this Act, with the exception of programs 

8 and activities of the National Endowment for Democracy, 

9 shall be subject to the regular notification procedures of 

10 the Committees on Appropriations. 

11 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

12 For necessary expenses to carry out the provisions 

13 of the Foreign Assistance Act of 1961, the FREEDOM 

14 Support Act, and the Support for East European Democ15 racy (SEED) Act of 1989, $661,733,000, to remain avail16 able until September 30, 2010, which shall be available, 

17 notwithstanding any other provision of law, for assistance 

18 and for related programs for countries identified in section 

19 3 of the FREEDOM Support Act and section 3(c) of the 

20 SEED Act: Provided, That funds appropriated under this 

21 heading shall be considered to be economic assistance 

22 under the Foreign Assistance Act of 1961 for purposes 

23 of making available the administrative authorities con24 tained in that Act for the use of economic assistance: Pro25 vided further, That notwithstanding any provision of this 

26 or any other Act, funds appropriated in prior years under 
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1 the headings ‘‘Independent States of the Former Soviet 

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

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

4 currencies generated by or converted from such funds, 

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

6 are made available under this heading without regard to 

7 the geographic limitations of the heading under which 

8 such funds were originally appropriated: Provided further, 

9 That funds made available for the Southern Caucasus re10 gion may be used for confidence-building measures and 

11 other activities in furtherance of the peaceful resolution 

12 of conflicts: Provided further, That of the funds appro13 priated under this heading, not less than $9,000,000 shall 

14 be made available for humanitarian, conflict mitigation, 

15 human rights, civil society, and relief and recovery assist16 ance for the North Caucasus: Provided further, That of 

17 the funds appropriated under this heading that are avail18 able for assistance for Russia, not less than $500,000 

19 shall be made available to the United States Forest Serv20 ice for forest management and wildlife conservation pro21 grams in the Russian Far East: Provided further, That 

22 the terms and conditions of sections 617(c), (e), and (f) 

23 of the Department of State, Foreign Operations, and Re24 lated Programs Appropriations Act, 2008 (division J of 
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1 Public Law 110–161) shall apply to funds appropriated 

2 under this heading. 

3 INTERNATIONAL NARCOTICS CONTROL AND LAW

4 ENFORCEMENT

5 For necessary expenses to carry out section 481 of 

6 the Foreign Assistance Act of 1961, $925,000,000, to re7 main available until September 30, 2011: Provided, That 

8 during fiscal year 2009, the Department of State may also 

9 use the authority of section 608 of the Foreign Assistance 

10 Act of 1961, without regard to its restrictions, to receive 

11 excess property from an agency of the United States Gov12 ernment for the purpose of providing it to a foreign coun13 try or international organization under chapter 8 of part 

14 I of that Act subject to the regular notification procedures 

15 of the Committees on Appropriations: Provided further, 

16 That the Secretary of State shall provide to the Commit17 tees on Appropriations not later than 45 days after the 

18 date of the enactment of this Act and prior to the initial 

19 obligation of funds appropriated under this heading, a re20 port on the proposed uses of all funds under this heading 

21 on a country-by-country basis for each proposed program, 

22 project, or activity: Provided further, That of the funds 

23 appropriated under this heading, $5,000,000 should be 

24 made available to combat piracy of United States copy25 righted materials, consistent with the requirements of sec26 tion 688(a) and (b) of the Department of State, Foreign 
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1 Operations, and Related Programs Appropriations Act, 

2 2008 (division J of Public Law 110–161): Provided fur3 ther, That of the funds appropriated under this heading, 

4 not more than $44,000,000 may be available for adminis5 trative expenses. 

6 ANDEAN COUNTERDRUG PROGRAMS

7 For necessary expenses to carry out section 481 of 

8 the Foreign Assistance Act of 1961 to support 

9 counterdrug activities in the Andean region of South 

10 America, $315,000,000, to remain available until Sep11 tember 30, 2011: Provided, That the Secretary of State, 

12 in consultation with the Administrator of the United 

13 States Agency for International Development, shall pro14 vide to the Committees on Appropriations not later than 

15 45 days after the date of the enactment of this Act and 

16 prior to the initial obligation of funds appropriated under 

17 this heading, a report on the proposed uses of all funds 

18 under this heading on a country-by-country basis for each 

19 proposed program, project, or activity: Provided further, 

20 That section 482(b) of the Foreign Assistance Act of 1961 

21 shall not apply to funds appropriated under this heading: 

22 Provided further, That assistance provided with funds ap23 propriated under this heading that is made available not24 withstanding section 482(b) of the Foreign Assistance Act 

25 of 1961 shall be made available subject to the regular noti26 fication procedures of the Committees on Appropriations: 
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1 Provided further, That of the funds appropriated under 

2 this heading, not more than $16,000,000 may be available 

3 for administrative expenses of the Department of State, 

4 and not more than $8,000,000 may be available, in addi5 tion to amounts otherwise available for such purposes, for 

6 administrative expenses of the United States Agency for 

7 International Development. 

8 DEPARTMENT OF STATE

9 MIGRATION AND REFUGEE ASSISTANCE

10 For expenses, not otherwise provided for, necessary 

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

12 by law, a contribution to the International Committee of 

13 the Red Cross, assistance to refugees, including contribu14 tions to the International Organization for Migration and 

15 the United Nations High Commissioner for Refugees, and 

16 other activities to meet refugee and migration needs; sala17 ries and expenses of personnel and dependents as author18 ized by the Foreign Service Act of 1980; allowances as 

19 authorized by sections 5921 through 5925 of title 5, 

20 United States Code; purchase and hire of passenger motor 

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

22 5, United States Code, $1,100,000,000, to remain avail23 able until expended, of which not more than $24,000,000 

24 may be available for administrative expenses. 
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1 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

2 ASSISTANCE FUND

3 For necessary expenses to carry out the provisions 

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

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

6 $50,000,000, to remain available until expended. 

7 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

8 RELATED PROGRAMS

9 For necessary expenses for nonproliferation, anti-ter10 rorism, demining and related programs and activities, 

11 $564,000,000, to carry out the provisions of chapter 8 of 

12 part II of the Foreign Assistance Act of 1961 for anti13 terrorism assistance, chapter 9 of part II of the Foreign 

14 Assistance Act of 1961, section 504 of the FREEDOM 

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

16 or the Foreign Assistance Act of 1961 for demining activi17 ties, the clearance of unexploded ordnance, the destruction 

18 of small arms, and related activities, notwithstanding any 

19 other provision of law, including activities implemented 

20 through nongovernmental and international organizations, 

21 and section 301 of the Foreign Assistance Act of 1961 

22 for a voluntary contribution to the International Atomic 

23 Energy Agency (IAEA), and for a United States contribu24 tion to the Comprehensive Nuclear Test Ban Treaty Pre25 paratory Commission: Provided, That of this amount not 

26 to exceed $45,000,000, to remain available until expended, 
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1 may be made available for the Nonproliferation and Disar2 mament Fund, notwithstanding any other provision of 

3 law, to promote bilateral and multilateral activities relat4 ing to nonproliferation and disarmament, except that this 

5 limitation may be exceeded only through the regular notifi6 cation procedures of the Committees on Appropriations: 

7 Provided further, That such funds may also be used for 

8 such countries other than the Independent States of the 

9 former Soviet Union and international organizations when 

10 it is in the national security interest of the United States 

11 to do so: Provided further, That funds appropriated under 

12 this heading may be made available for the International 

13 Atomic Energy Agency only if the Secretary of State de14 termines (and so reports to the Congress) that Israel is 

15 not being denied its right to participate in the activities 

16 of that Agency: Provided further, That of the funds appro17 priated under this heading, not more than $750,000 may 

18 be made available for public-private partnerships for con19 ventional weapons and mine action by grant, cooperative 

20 agreement or contract: Provided further, That of the funds 

21 made available for demining and related activities, not to 

22 exceed $700,000, in addition to funds otherwise available 

23 for such purposes, may be used for administrative ex24 penses related to the operation and management of the 

25 demining program: Provided further, That funds appro-
52 

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1 priated under this heading that are available for ‘‘Anti2 terrorism Assistance’’ and ‘‘Export Control and Border 

3 Security’’ shall remain available until September 30, 

4 2010. 

5 INDEPENDENT AGENCIES

6 PEACE CORPS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses to carry out the provisions 

9 of the Peace Corps Act (75 Stat. 612), including the pur10 chase of not to exceed five passenger motor vehicles for 

11 administrative purposes for use outside of the United 

12 States, $337,000,000, to remain available until September 

13 30, 2010: Provided, That none of the funds appropriated 

14 under this heading shall be used to pay for abortions: Pro15 vided further, That the Director may transfer to the For16 eign Currency Fluctuations Account, as authorized by 22 

17 U.S.C. 2515, an amount not to exceed $3,000,000: Pro18 vided further, That funds transferred pursuant to the pre19 vious proviso may not be derived from amounts made 

20 available for Peace Corps overseas operations. 

21 MILLENNIUM CHALLENGE CORPORATION

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out the provisions 

24 of the Millennium Challenge Act of 2003, $254,000,000, 

25 to remain available until expended, of which up to 

26 $85,000,000 may be available for administrative expenses 
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1 of the Millennium Challenge Corporation: Provided, That 

2 none of the funds available to carry out section 616 of 

3 such Act may be made available until the Chief Executive 

4 Officer of the Millennium Challenge Corporation provides 

5 a report to the Committees on Appropriations listing the 

6 candidate countries that will be receiving assistance under 

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

8 for each such country, a description of the proposed pro9 grams, projects and activities, and the implementing agen10 cy or agencies of the United States Government: Provided 

11 further, That section 605(e)(4) of the Millennium Chal12 lenge Act of 2003 shall apply to funds appropriated under 

13 this heading. 

14 INTER-AMERICAN FOUNDATION

15 For necessary expenses to carry out the functions of 

16 the Inter-American Foundation in accordance with the 

17 provisions of section 401 of the Foreign Assistance Act 

18 of 1969, $25,000,000, to remain available until September 

19 30, 2010. 

20 AFRICAN DEVELOPMENT FOUNDATION

21 For necessary expenses to carry out title V of the 

22 International Security and Development Cooperation Act 

23 of 1980 (Public Law 96–533), $35,000,000, to remain 

24 available until September 30, 2010: Provided, That funds 

25 made available to grantees may be invested pending ex26 penditure for project purposes when authorized by the 
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1 Board of Directors of the Foundation: Provided further, 

2 That interest earned shall be used only for the purposes 

3 for which the grant was made: Provided further, That not4 withstanding section 505(a)(2) of the African Develop5 ment Foundation Act, in exceptional circumstances the 

6 Board of Directors of the Foundation may waive the 

7 $250,000 limitation contained in that section with respect 

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

9 up to $10,000 if the increase is due solely to foreign cur10 rency fluctuation: Provided further, That the Foundation 

11 shall provide a report to the Committees on Appropria12 tions after each time such waiver authority is exercised. 

13 DEPARTMENT OF THE TREASURY

14 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

15 For necessary expenses to carry out the provisions 

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

17 $29,000,000, to remain available until September 30, 

18 2011, which shall be available notwithstanding any other 

19 provision of law. 

20 DEBT RESTRUCTURING

21 For the cost, as defined in section 502 of the Con22 gressional Budget Act of 1974, of modifying loans and 

23 loan guarantees, as the President may determine, for 

24 which funds have been appropriated or otherwise made 

25 available for programs within the International Affairs 

26 Budget Function 150, including the cost of selling, reduc-
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1 ing, or canceling amounts owed to the United States as 

2 a result of concessional loans made to eligible countries, 

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

4 of 1961, of modifying concessional credit agreements with 

5 least developed countries, as authorized under section 411 

6 of the Agricultural Trade Development and Assistance Act 

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

8 and credit agreements, as authorized under section 572 

9 of the Foreign Operations, Export Financing, and Related 

10 Programs Appropriations Act, 1989 (Public Law 100– 

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

12 or guarantees made pursuant to the Export-Import Bank 

13 Act of 1945, by countries that are eligible for debt reduc14 tion pursuant to title V of H.R. 3425 as enacted into law 

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

16 $85,000,000, to remain available until September 30, 

17 2011: Provided, That not less than $20,000,000 of the 

18 funds appropriated under this heading shall be made avail19 able to carry out the provisions of part V of the Foreign 

20 Assistance Act of 1961: Provided further, That amounts 

21 paid to the HIPC Trust Fund may be used only to fund 

22 debt reduction under the enhanced HIPC initiative by— 

23 (1) the Inter-American Development Bank; 

24 (2) the African Development Fund; 

25 (3) the African Development Bank; and 
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1 (4) the Central American Bank for Economic 

2 Integration: 

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

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

5 of State has credible evidence that the government of such 

6 country is engaged in a consistent pattern of gross viola7 tions of internationally recognized human rights or in mili8 tary or civil conflict that undermines its ability to develop 

9 and implement measures to alleviate poverty and to devote 

10 adequate human and financial resources to that end: Pro11 vided further, That on the basis of final appropriations, 

12 the Secretary of the Treasury shall notify the Committees 

13 on Appropriations concerning which countries and inter14 national financial institutions are expected to benefit from 

15 a United States contribution to the HIPC Trust Fund 

16 during the fiscal year: Provided further, That the Sec17 retary of the Treasury shall notify the Committees on Ap18 propriations not less than 15 days in advance of the signa19 ture of an agreement by the United States to make pay20 ments to the HIPC Trust Fund of amounts for such coun21 tries and institutions: Provided further, That the Secretary 

22 of the Treasury may disburse funds designated for debt 

23 reduction through the HIPC Trust Fund only for the ben24 efit of countries that— 
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1 (1) have committed, for a period of 24 months, 

2 not to accept new market-rate loans from the inter3 national financial institution receiving debt repay4 ment as a result of such disbursement, other than 

5 loans made by such institutions to export-oriented 

6 commercial projects that generate foreign exchange 

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

8 and 

9 (2) have documented and demonstrated their 

10 commitment to redirect their budgetary resources 

11 from international debt repayments to programs to 

12 alleviate poverty and promote economic growth that 

13 are additional to or expand upon those previously 

14 available for such purposes: 

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

16 section 411 of the Agricultural Trade Development and 

17 Assistance Act of 1954 shall not apply to funds appro18 priated under this heading: Provided further, That none 

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

20 any other appropriations Act shall be made available for 

21 Sudan or Burma unless the Secretary of the Treasury de22 termines and notifies the Committees on Appropriations 

23 that a democratically elected government has taken office. 
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1 TITLE IV 

2 INTERNATIONAL SECURITY ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 PEACEKEEPING OPERATIONS

5 For necessary expenses to carry out the provisions 

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

7 $257,200,000: Provided, That of the funds made available 

8 under this heading, not less than $25,000,000 shall be 

9 made available for a United States contribution to the 

10 Multinational Force and Observers mission in the Sinai: 

11 Provided further, That none of the funds appropriated 

12 under this heading shall be obligated or expended except 

13 as provided through the regular notification procedures of 

14 the Committees on Appropriations. 

15 INTERNATIONAL MILITARY EDUCATION AND TRAINING

16 For necessary expenses to carry out the provisions 

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

18 $91,500,000, of which up to $3,000,000 may remain 

19 available until expended and may only be provided through 

20 the regular notification procedures of the Committees on 

21 Appropriations: Provided, That the civilian personnel for 

22 whom military education and training may be provided 

23 under this heading may include civilians who are not mem24 bers of a government whose participation would contribute 

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

26 military, or respect for human rights: Provided further, 
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1 That funds made available under this heading for assist2 ance for Haiti, Guatemala, the Democratic Republic of the 

3 Congo, Sri Lanka, Nepal, Ethiopia, Bangladesh, Libya, 

4 and Angola may only be provided through the regular noti5 fication procedures of the Committees on Appropriations 

6 and any such notification shall include a detailed descrip7 tion of proposed activities. 

8 FOREIGN MILITARY FINANCING PROGRAM

9 (INCLUDING TRANSFER OF FUNDS)

10 For expenses necessary for grants to enable the 

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

12 Arms Export Control Act, $4,479,000,000: Provided, 

13 That funds appropriated or otherwise made available by 

14 this paragraph shall be nonrepayable notwithstanding any 

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

16 Provided further, That funds made available under this 

17 paragraph shall be obligated upon apportionment in ac18 cordance with paragraph (5)(C) of title 31, United States 

19 Code, section 1501(a): Provided further, That $2,000,000 

20 of the funds appropriated under this heading shall be 

21 transferred to and merged with funds appropriated under 

22 the heading ‘‘Diplomatic and Consular Programs’’ in this 

23 Act to be made available to the Bureau of Democracy, 

24 Human Rights and Labor, Department of State, to ensure 

25 adequate monitoring of the uses of assistance made avail26 able under this heading, in addition to amounts otherwise 
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1 available for such purposes, subject to prior consultation 

2 with the Committees on Appropriations. 

3 None of the funds made available under this heading 

4 shall be available to finance the procurement of defense 

5 articles, defense services, or design and construction serv6 ices that are not sold by the United States Government 

7 under the Arms Export Control Act unless the foreign 

8 country proposing to make such procurements has first 

9 signed an agreement with the United States Government 

10 specifying the conditions under which such procurements 

11 may be financed with such funds, including that such de12 fense articles or services will be used only in accordance 

13 with international law: Provided, That all country and 

14 funding level increases in allocations shall be submitted 

15 through the regular notification procedures of section 714 

16 of this Act: Provided further, That none of the funds ap17 propriated under this heading may be made available for 

18 assistance for Haiti, Guatemala, Nepal, Sri Lanka, Ban19 gladesh, Philippines, Indonesia, Bosnia and Herzegovina, 

20 Ethiopia, and Democratic Republic of the Congo except 

21 pursuant to the regular notification procedures of the 

22 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, 
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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 $51,000,000 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: Provided further, That not more than 

20 $470,000,000 of funds realized pursuant to section 

21 21(e)(1)(A) of the Arms Export Control Act may be obli22 gated for expenses incurred by the Department of Defense 

23 during fiscal year 2009 pursuant to section 43(b) of the 

24 Arms Export Control Act, except that this limitation may 
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1 be exceeded only through the regular notification proce2 dures of the Committees on Appropriations. 

3 TITLE V 

4 MULTILATERAL ASSISTANCE 

5 FUNDS APPROPRIATED TO THE PRESIDENT

6 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

7 For necessary expenses to carry out the provisions 

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

9 of section 2 of the United Nations Environment Program 

10 Participation Act of 1973, $364,000,000. 

11 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

12 AGRICULTURAL DEVELOPMENT

13 For the United States contribution by the Secretary 

14 of the Treasury to increase the resources of the Inter15 national Fund for Agricultural Development, 

16 $18,000,000, to remain available until expended. 

17 INTERNATIONAL FINANCIAL INSTITUTIONS

18 GLOBAL ENVIRONMENT FACILITY

19 For the United States contribution for the Global En20 vironment Facility, $100,000,000 to the International 

21 Bank for Reconstruction and Development as trustee for 

22 the Global Environment Facility, by the Secretary of the 

23 Treasury, to remain available until expended: Provided, 

24 That of the funds appropriated under this heading, 

25 $20,000,000 shall be made available for a United States 
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1 contribution to the Least Developed Countries Fund to 

2 support grants for climate change adaptation programs 

3 and activities, including National Adaptation Programs of 

4 Action, if the Global Environment Facility makes publicly 

5 available on its website an annual report detailing: the cri6 teria used to determine which programs and activities re7 ceive funds; the manner in which specific programs and 

8 activities meet such criteria; the extent of local community 

9 involvement in such programs and activities; the amount 

10 of funds provided; and results achieved. 

11 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

12 ASSOCIATION

13 For payment to the International Development Asso14 ciation by the Secretary of the Treasury, $1,177,000,000, 

15 to remain available until expended. 

16 CLEAN ENERGY TECHNOLOGY

17 (INCLUDING TRANSFER OF FUNDS)

18 For contributions to an international clean energy 

19 technology fund established by the World Bank or by an20 other multilateral or bilateral entity, $200,000,000, to re21 main available until September 30, 2010: Provided, That 

22 funds appropriated under this heading may be made avail23 able if the Secretary of the Treasury certifies and reports 

24 to the Committees on Appropriations that: (1) the fund 

25 will operate in a manner consistent with the objectives of 

26 the United Nations Framework Convention on Climate 
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1 Change and will finance only zero-carbon renewable tech2 nologies and energy efficient end-use technologies that are 

3 commercially available, can be implemented on a large 

4 scale, and have clear potential to become cost-competitive 

5 for private investors or consumers, without subsidies, by 

6 2020; and (2) the World Bank, or such other entity, will 

7 implement carbon accounting for all of its relevant 

8 projects, that reflects the global economic, social and envi9 ronmental costs of a unit of carbon emissions: Provided 

10 further, That if the Secretary of the Treasury does not 

11 make the certification and report required under this 

12 heading by September 30, 2009, funds appropriated under 

13 this heading shall be transferred to, and merged with, 

14 funds appropriated by this Act under the headings ‘‘Devel15 opment Assistance’’ and ‘‘Economic Support Fund’’ and 

16 shall be made available to support programs or activities 

17 described under this heading: Provided further, That funds 

18 appropriated under this heading that are available for an 

19 international clean energy technology fund shall be 

20 matched by sources other than the United States Govern21 ment: Provided further, That funds appropriated under 

22 this heading shall be subject to the regular notification 

23 procedures of the Committees on Appropriations. 
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1 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

2 MULTILATERAL INVESTMENT FUND

3 For payment to the Enterprise for the Americas Mul4 tilateral Investment Fund by the Secretary of the Treas5 ury, for the United States contribution to the fund, 

6 $25,000,000, to remain available until expended. 

7 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

8 For the United States contribution by the Secretary 

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

10 Development Fund, as authorized by the Asian Develop11 ment Bank Act, as amended, $101,186,000, to remain 

12 available until expended. 

13 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

14 For the United States contribution by the Secretary 

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

16 Development Fund, $146,055,000, to remain available 

17 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, 2010. 
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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, 2009: 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 
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1 zero-carbon renewable energy and energy efficient end-use 

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 $41,000,000: 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, 2024, for the disbursement of direct 

12 loans, loan guarantees, insurance and tied-aid grants obli13 gated in fiscal years 2009, 2010, 2011, and 2012: Pro14 vided further, That none of the funds appropriated by this 

15 Act or any prior Act appropriating funds for foreign oper16 ations, export financing, and related programs for tied17 aid credits or grants may be used for any other purpose 

18 except through the regular notification procedures of the 

19 Committees on Appropriations: Provided further, That 

20 funds appropriated by this paragraph are made available 

21 notwithstanding section 2(b)(2) of the Export-Import 

22 Bank Act of 1945, in connection with the purchase or 

23 lease of any product by any Eastern European country, 

24 any Baltic State or any agency or national thereof. 

25 Of the funds appropriated under this heading that 

26 are available for tied-aid grants in prior Acts making ap-
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1 propriations for foreign operations, export financing, and 

2 related programs, $17,000,000 are rescinded. 

3 Of the unobligated balances available under this 

4 heading in Public Law 109–102, $25,000,000 are re5 scinded. 

6 ADMINISTRATIVE EXPENSES

7 For administrative expenses to carry out the direct 

8 and guaranteed loan and insurance programs, including 

9 hire of passenger motor vehicles and services as authorized 

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

11 reception and representation expenses for members of the 

12 Board of Directors, not to exceed $81,500,000: Provided, 

13 That the Export-Import Bank may accept, and use, pay14 ment or services provided by transaction participants for 

15 legal, financial, or technical services in connection with 

16 any transaction for which an application for a loan, guar17 antee or insurance commitment has been made: Provided 

18 further, That notwithstanding subsection (b) of section 

19 117 of the Export Enhancement Act of 1992, subsection 

20 (a) thereof shall remain in effect until October 1, 2009. 

21 RECEIPTS COLLECTED

22 Receipts collected pursuant to the Export-Import 

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

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

25 exceed the amount appropriated herein, shall be credited 

26 as offsetting collections to this account: Provided, That the 
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1 sums herein appropriated from the General Fund shall be 

2 reduced on a dollar-for-dollar basis by such offsetting col3 lections so as to result in a final fiscal year appropriation 

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

5 That amounts collected in fiscal year 2009 in excess of 

6 obligations, up to $50,000,000, shall become available 

7 September 29, 2009 and shall remain available until Sep8 tember 30, 2012. 

9 OVERSEAS PRIVATE INVESTMENT CORPORATION

10 NONCREDIT ACCOUNT

11 The Overseas Private Investment Corporation is au12 thorized to make, without regard to fiscal year limitations, 

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

14 commitments within the limits of funds available to it and 

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

16 That the amount available for administrative expenses to 

17 carry out the credit and insurance programs (including an 

18 amount for official reception and representation expenses 

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

20 $50,600,000: Provided further, That project-specific trans21 action costs, including direct and indirect costs incurred 

22 in claims settlements, and other direct costs associated 

23 with services provided to specific investors or potential in24 vestors pursuant to section 234 of the Foreign Assistance 
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1 Act of 1961, shall not be considered administrative ex2 penses for the purposes of this heading. 

3 PROGRAM ACCOUNT

4 For the cost of direct and guaranteed loans, 

5 $29,000,000, as authorized by section 234 of the Foreign 

6 Assistance Act of 1961, to be derived by transfer from 

7 the Overseas Private Investment Corporation Noncredit 

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

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

10 of the Congressional Budget Act of 1974: Provided fur11 ther, That such sums shall be available for direct loan obli12 gations and loan guaranty commitments incurred or made 

13 during fiscal years 2009, 2010, and 2011: Provided fur14 ther, That funds so obligated in fiscal year 2009 remain 

15 available for disbursement through 2017; funds obligated 

16 in fiscal year 2010 remain available for disbursement 

17 through 2018; and funds obligated in fiscal year 2011 re18 main available for disbursement through 2019: Provided 

19 further, That notwithstanding any other provision of law, 

20 the Overseas Private Investment Corporation is authorized 

21 to undertake any program authorized by title IV of the 

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

23 That funds made available pursuant to the authority of 

24 the previous proviso shall be subject to the regular notifi25 cation procedures of the Committees on Appropriations. 
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1 In addition, such sums as may be necessary for ad2 ministrative expenses to carry out the credit program may 

3 be derived from amounts available for administrative ex4 penses to carry out the credit and insurance programs in 

5 the Overseas Private Investment Corporation Noncredit 

6 Account and merged with said account. 

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 TRADE AND DEVELOPMENT AGENCY

9 For necessary expenses to carry out the provisions 

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

11 $50,800,000, to remain available until September 30, 

12 2010. 

13 TITLE VII 

14 GENERAL PROVISIONS 

15 COMPENSATION FOR UNITED STATES EXECUTIVE

16 DIRECTORS TO INTERNATIONAL FINANCIAL INSTITUTIONS

17 SEC. 701. (a) No funds appropriated in titles II 

18 through VI of this Act may be made as payment to any 

19 international financial institution while the United States 

20 Executive Director to such institution is compensated by 

21 the institution at a rate which, together with whatever 

22 compensation such Director receives from the United 

23 States, is in excess of the rate provided for an individual 

24 occupying a position at level IV of the Executive Schedule 

25 under section 5315 of title 5, United States Code, or while 
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1 any alternate United States Director to such institution 

2 is compensated by the institution at a rate in excess of 

3 the rate provided for an individual occupying a position 

4 at level V of the Executive Schedule under section 5316 

5 of title 5, United States Code. 

6 (b) For purposes of this section ‘‘international finan7 cial institutions’’ are: the International Bank for Recon8 struction and Development, the Inter-American Develop9 ment Bank, the Asian Development Bank, the Asian De10 velopment Fund, the African Development Bank, the Afri11 can Development Fund, the International Monetary Fund, 

12 the International Finance Corporation, the North Amer13 ican Development Bank, and the European Bank for Re14 construction and Development. 

15 LIMITATION ON RESIDENCE EXPENSES

16 SEC. 702. Of the funds appropriated or made avail17 able pursuant to titles II and III of this Act, not to exceed 

18 $100,500 shall be for official residence expenses of the 

19 United States Agency for International Development dur20 ing the current fiscal year: Provided, That appropriate 

21 steps shall be taken to assure that, to the maximum extent 

22 possible, United States-owned foreign currencies are uti23 lized in lieu of dollars. 

24 UNOBLIGATED BALANCES REPORT

25 SEC. 703. Any Department or Agency to which funds 

26 are appropriated or otherwise made available by this Act 
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1 shall provide to the Committees on Appropriations a quar2 terly accounting of cumulative balances by program, 

3 project, and activity of the funds received by such Depart4 ment or Agency in this fiscal year or any previous fiscal 

5 year that remain unobligated and unexpended. 

6 LIMITATION ON REPRESENTATIONAL ALLOWANCES

7 SEC. 704. Of the funds appropriated or made avail8 able pursuant to titles II through VI of this Act, not to 

9 exceed $250,000 shall be available for representation and 

10 entertainment allowances, of which not to exceed $5,000 

11 shall be available for entertainment allowances, for the 

12 United States Agency for International Development dur13 ing the current fiscal year: Provided, That no such enter14 tainment funds may be used for the purposes listed in sec15 tion 743 of this Act: Provided further, That appropriate 

16 steps shall be taken to assure that, to the maximum extent 

17 possible, United States-owned foreign currencies are uti18 lized in lieu of dollars: Provided further, That of the funds 

19 made available by this Act for general costs of admin20 istering military assistance and sales under the heading 

21 ‘‘Foreign Military Financing Program’’, not to exceed 

22 $4,000 shall be available for entertainment expenses and 

23 not to exceed $130,000 shall be available for representa24 tion allowances: Provided further, That of the funds made 

25 available by this Act under the heading ‘‘International 

26 Military Education and Training’’, not to exceed $55,000 
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1 shall be available for entertainment allowances: Provided 

2 further, That of the funds made available by this Act for 

3 the Inter-American Foundation, not to exceed $3,000 

4 shall be available for entertainment and representation al5 lowances: Provided further, That of the funds made avail6 able by this Act for the Peace Corps, not to exceed $4,000 

7 shall be available for entertainment expenses: Provided 

8 further, That of the funds made available by this Act 

9 under the heading ‘‘Trade and Development Agency’’, not 

10 to exceed $4,000 shall be available for representation and 

11 entertainment allowances: Provided further, That of the 

12 funds made available by this Act under the heading ‘‘Mil13 lennium Challenge Corporation’’, not to exceed $75,000 

14 shall be available for representation and entertainment al15 lowances. 

16 PROHIBITION ON TAXATION OF UNITED STATES

17 ASSISTANCE

18 SEC. 705. (a) PROHIBITION ON TAXATION.—None of 

19 the funds appropriated under titles II through VI of this 

20 Act may be made available to provide assistance for a for21 eign country under a new bilateral agreement governing 

22 the terms and conditions under which such assistance is 

23 to be provided unless such agreement includes a provision 

24 stating that assistance provided by the United States shall 

25 be exempt from taxation, or reimbursed, by the foreign 

26 government, and the Secretary of State shall expeditiously 
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1 seek to negotiate amendments to existing bilateral agree2 ments, as necessary, to conform with this requirement. 

3 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

4 amount equivalent to 200 percent of the total taxes as5 sessed during fiscal year 2008 on funds appropriated by 

6 this Act by a foreign government or entity against com7 modities financed under United States assistance pro8 grams for which funds are appropriated by this Act, either 

9 directly or through grantees, contractors and subcontrac10 tors shall be withheld from obligation from funds appro11 priated for assistance for fiscal year 2009 and allocated 

12 for the central government of such country and for the 

13 West Bank and Gaza program to the extent that the Sec14 retary of State certifies and reports in writing to the Com15 mittees on Appropriations that such taxes have not been 

16 reimbursed to the Government of the United States. 

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

18 minimis nature shall not be subject to the provisions of 

19 subsection (b). 

20 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

21 from obligation for each country or entity pursuant to sub22 section (b) shall be reprogrammed for assistance to coun23 tries which do not assess taxes on United States assistance 

24 or which have an effective arrangement that is providing 

25 substantial reimbursement of such taxes. 
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1 (e) DETERMINATIONS.— 

2 (1) The provisions of this section shall not 

3 apply to any country or entity the Secretary of State 

4 determines— 

5 (A) does not assess taxes on United States 

6 assistance or which has an effective arrange7 ment that is providing substantial reimburse8 ment of such taxes; or 

9 (B) the foreign policy interests of the 

10 United States outweigh the purpose of this sec11 tion to ensure that United States assistance is 

12 not subject to taxation. 

13 (2) The Secretary of State shall consult with 

14 the Committees on Appropriations at least 15 days 

15 prior to exercising the authority of this subsection 

16 with regard to any country or entity. 

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

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

19 to implement the prohibition against the taxation of assist20 ance contained in this section. 

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

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

23 value added taxes and customs duties imposed on 

24 commodities financed with United States assistance 
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1 for programs for which funds are appropriated by 

2 this Act; and 

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

4 framework bilateral agreement between the Govern5 ment of the United States and the government of 

6 the country receiving assistance that describes the 

7 privileges and immunities applicable to United 

8 States foreign assistance for such country generally, 

9 or an individual agreement between the Government 

10 of the United States and such government that de11 scribes, among other things, the treatment for tax 

12 purposes that will be accorded the United States as13 sistance provided under that agreement. 

14 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

15 COUNTRIES

16 SEC. 706. None of the funds appropriated or other17 wise made available pursuant to this Act shall be obligated 

18 or expended to finance directly any assistance or repara19 tions to Cuba, North Korea, Iran, or Syria, unless the 

20 President determines that assistance to such countries is 

21 important to the national interest of the United States 

22 and notifies the Committees on Appropriations in accord23 ance with the regular notification procedures: Provided, 

24 That for purposes of this section, the prohibition on obli25 gations or expenditures shall include direct loans, credits, 
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1 insurance and guarantees of the Export-Import Bank or 

2 its agents. 

3 MILITARY COUPS

4 SEC. 707. None of the funds appropriated or other5 wise made available pursuant to titles II through VI of 

6 this Act shall be obligated or expended to finance directly 

7 any assistance to the government of any country whose 

8 duly elected head of government is deposed by military 

9 coup or decree: Provided, That assistance may be resumed 

10 to such government if the President determines and cer11 tifies to the Committees on Appropriations that subse12 quent to the termination of assistance a democratically 

13 elected government has taken office: Provided further, 

14 That the provisions of this section shall not apply to as15 sistance to promote democratic elections or public partici16 pation in democratic processes: Provided further, That 

17 funds made available pursuant to the previous provisos 

18 shall be subject to the regular notification procedures of 

19 the Committees on Appropriations. 

20 TRANSFER AUTHORITY

21 SEC. 708. (a) DEPARTMENT OF STATE AND BROAD22 CASTING BOARD OF GOVERNORS.—Not to exceed 5 per23 cent of any appropriation made available for the current 

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

25 this Act may be transferred between such appropriations, 

26 but no such appropriation, except as otherwise specifically 
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1 provided, shall be increased by more than 10 percent by 

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

3 of any appropriation made available for the current fiscal 

4 year for the Broadcasting Board of Governors under title 

5 I of this Act may be transferred between such appropria6 tions, but no such appropriation, except as otherwise spe7 cifically provided, shall be increased by more than 10 per8 cent by any such transfers: Provided further, That any 

9 transfer pursuant to this section shall be treated as a re10 programming of funds under section 714(a) and (b) of 

11 this Act and shall not be available for obligation or ex12 penditure except in compliance with the procedures set 

13 forth in that section. 

14 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

15 Not to exceed 5 percent of any appropriation other than 

16 for administrative expenses made available for fiscal year 

17 2009, for programs under title VI of this Act may be 

18 transferred between such appropriations for use for any 

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

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

21 appropriation, except as otherwise specifically provided, 

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

23 transfer: Provided, That the exercise of such authority 

24 shall be subject to the regular notification procedures of 

25 the Committees on Appropriations. 
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1 (c)(1) LIMITATION ON TRANSFERS BETWEEN AGEN2 CIES.—None of the funds made available under titles II 

3 through VI of this Act may be transferred to any depart4 ment, agency, or instrumentality of the United States 

5 Government, except pursuant to a transfer made by, or 

6 transfer authority provided in, this Act or any other ap7 propriation Act. 

8 (2) Notwithstanding paragraph (1), in addition to 

9 transfers made by, or authorized elsewhere in, this Act, 

10 funds appropriated by this Act to carry out the purposes 

11 of the Foreign Assistance Act of 1961 may be allocated 

12 or transferred to agencies of the United States Govern13 ment pursuant to the provisions of sections 109, 610, and 

14 632 of the Foreign Assistance Act of 1961. 

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

16 funds made available under titles II through VI of this 

17 Act may be obligated under an appropriation account to 

18 which they were not appropriated, except for transfers 

19 specifically provided for in this Act, unless the President 

20 provides notification in accordance with the regular notifi21 cation procedures of the Committees on Appropriations. 

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

23 agreement for the transfer or allocation of funds appro24 priated by this Act, or prior Acts, entered into between 

25 the United States Agency for International Development 
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1 and another agency of the United States Government 

2 under the authority of section 632(a) of the Foreign As3 sistance Act of 1961 or any comparable provision of law, 

4 shall expressly provide that the Office of the Inspector 

5 General for the agency receiving the transfer or allocation 

6 of such funds shall perform periodic program and financial 

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

8 transferred under such authority may be made available 

9 for the cost of such audits. 

10 COMMERCIAL LEASING OF DEFENSE ARTICLES

11 SEC. 709. Notwithstanding any other provision of 

12 law, and subject to the regular notification procedures of 

13 the Committees on Appropriations, the authority of sec14 tion 23(a) of the Arms Export Control Act may be used 

15 to provide financing to Israel, Egypt and NATO and 

16 major non-NATO allies for the procurement by leasing 

17 (including leasing with an option to purchase) of defense 

18 articles from United States commercial suppliers, not in19 cluding Major Defense Equipment (other than helicopters 

20 and other types of aircraft having possible civilian applica21 tion), if the President determines that there are compel22 ling foreign policy or national security reasons for those 

23 defense articles being provided by commercial lease rather 

24 than by government-to-government sale under such Act. 
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1 AVAILABILITY OF FUNDS

2 SEC. 710. No part of any appropriation contained in 

3 this Act shall remain available for obligation after the ex4 piration of the current fiscal year unless expressly so pro5 vided in this Act: Provided, That funds appropriated for 

6 the purposes of chapters 1, 8, 11, and 12 of part I, section 

7 661, section 667, chapters 4, 5, 6, 8, and 9 of part II 

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

9 Arms Export Control Act, and funds provided under the 

10 headings ‘‘Assistance for Europe, Eurasia and Central 

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

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

13 the availability of such funds would otherwise have ex14 pired, if such funds are initially obligated before the expi15 ration of their respective periods of availability contained 

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

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

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

19 II of the Foreign Assistance Act of 1961 which are allo20 cated or obligated for cash disbursements in order to ad21 dress balance of payments or economic policy reform ob22 jectives, shall remain available until expended. 

23 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

24 SEC. 711. No part of any appropriation provided 

25 under titles II through VI in this Act shall be used to 

26 furnish assistance to the government of any country which 
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1 is in default during a period in excess of 1 calendar year 

2 in payment to the United States of principal or interest 

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

4 the United States pursuant to a program for which funds 

5 are appropriated under this Act unless the President de6 termines, following consultations with the Committees on 

7 Appropriations, that assistance to such country is in the 

8 national interest of the United States. 

9 COMMERCE AND TRADE

10 SEC. 712. (a) None of the funds appropriated or 

11 made available pursuant to titles II through VI of this 

12 Act for direct assistance and none of the funds otherwise 

13 made available to the Export-Import Bank and the Over14 seas Private Investment Corporation shall be obligated or 

15 expended to finance any loan, any assistance or any other 

16 financial commitments for establishing or expanding pro17 duction of any commodity for export by any country other 

18 than the United States, if the commodity is likely to be 

19 in surplus on world markets at the time the resulting pro20 ductive capacity is expected to become operative and if the 

21 assistance will cause substantial injury to United States 

22 producers of the same, similar, or competing commodity: 

23 Provided, That such prohibition shall not apply to the Ex24 port-Import Bank if in the judgment of its Board of Direc25 tors the benefits to industry and employment in the 

26 United States are likely to outweigh the injury to United 
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1 States producers of the same, similar, or competing com2 modity, and the Chairman of the Board so notifies the 

3 Committees on Appropriations. 

4 (b) None of the funds appropriated by this or any 

5 other Act to carry out chapter 1 of part I of the Foreign 

6 Assistance Act of 1961 shall be available for any testing 

7 or breeding feasibility study, variety improvement or intro8 duction, consultancy, publication, conference, or training 

9 in connection with the growth or production in a foreign 

10 country of an agricultural commodity for export which 

11 would compete with a similar commodity grown or pro12 duced in the United States: Provided, That this subsection 

13 shall not prohibit— 

14 (1) activities designed to increase food security 

15 in developing countries where such activities will not 

16 have a significant impact on the export of agricul17 tural commodities of the United States; or 

18 (2) research activities intended primarily to 

19 benefit American producers. 

20 SURPLUS COMMODITIES

21 SEC. 713. The Secretary of the Treasury shall in22 struct the United States Executive Directors to the Inter23 national Bank for Reconstruction and Development, the 

24 International Development Association, the International 

25 Finance Corporation, the Inter-American Development 

26 Bank, the International Monetary Fund, the Inter-Amer-
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1 ican Investment Corporation, the Asian Development 

2 Bank, the African Development Bank, the African Devel3 opment Fund, the North American Development Bank, 

4 and the European Bank for Reconstruction and Develop5 ment to use the voice and vote of the United States to 

6 oppose any assistance by these institutions, using funds 

7 appropriated or made available pursuant to titles II 

8 through VI of this Act, for the production or extraction 

9 of any commodity or mineral for export, if it is in surplus 

10 on world markets and if the assistance will cause substan11 tial injury to United States producers of the same, similar, 

12 or competing commodity. 

13 REPROGRAMMING NOTIFICATION REQUIREMENTS

14 SEC. 714. (a) None of the funds made available in 

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

16 agencies and departments funded by this Act that remain 

17 available for obligation or expenditure in fiscal year 2009, 

18 or provided from any accounts in the Treasury of the 

19 United States derived by the collection of fees or of cur20 rency reflows or other offsetting collections, or made avail21 able by transfer, to the agencies and departments funded 

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

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

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

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

26 project or activity for which funds have been denied or 
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1 restricted; (4) relocates an office or employees; (5) closes 

2 or opens a mission or post; (6) reorganizes or renames 

3 offices; (7) reorganizes programs or activities; or (8) con4 tracts out or privatizes any functions or activities pres5 ently performed by Federal employees; unless the Commit6 tees on Appropriations are notified 15 days in advance of 

7 such reprogramming of funds. 

8 (b) For the purposes of providing the executive 

9 branch with the necessary administrative flexibility, none 

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

11 under previous appropriations Acts to the agency or de12 partment funded under title I of this Act that remain 

13 available for obligation or expenditure in fiscal year 2009, 

14 or provided from any accounts in the Treasury of the 

15 United States derived by the collection of fees available 

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

17 shall be available for obligation or expenditure for activi18 ties, programs, or projects through a reprogramming of 

19 funds in excess of $750,000 or 10 percent, whichever is 

20 less, that: (1) augments existing programs, projects, or ac21 tivities; (2) reduces by 10 percent funding for any existing 

22 program, project, or activity, or numbers of personnel by 

23 10 percent as justified to Congress; or (3) results from 

24 any general savings, including savings from a reduction 

25 in personnel, which would result in a change in existing 
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1 programs, activities, or projects as justified to Congress; 

2 unless the Committees on Appropriations are notified 15 

3 days in advance of such reprogramming of funds. 

4 (c) For the purposes of providing the executive 

5 branch with the necessary administrative flexibility, none 

6 of the funds made available under titles II through IV of 

7 this Act for ‘‘Global Health and Child Survival’’, ‘‘Devel8 opment Assistance’’, ‘‘International Organizations and 

9 Programs’’, ‘‘Trade and Development Agency’’, ‘‘Inter10 national Narcotics Control and Law Enforcement’’, ‘‘An11 dean Counterdrug Programs’’, ‘‘Assistance for Europe, 

12 Eurasia and Central Asia’’, ‘‘Economic Support Fund’’, 

13 ‘‘Democracy Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital 

14 Investment Fund’’, ‘‘Operating Expenses of the United 

15 States Agency for International Development’’, ‘‘Oper16 ating Expenses of the United States Agency for Inter17 national Development Office of Inspector General’’, ‘‘Non18 proliferation, Anti-terrorism, Demining and Related Pro19 grams’’, ‘‘Millennium Challenge Corporation’’ (by country 

20 only), ‘‘Foreign Military Financing Program’’, ‘‘Inter21 national Military Education and Training’’, ‘‘Peace 

22 Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be 

23 available for obligation for activities, programs, projects, 

24 type of materiel assistance, countries, or other operations 

25 not justified or in excess of the amount justified to the 
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1 Committees on Appropriations for obligation under any of 

2 these specific headings unless the Committees on Appro3 priations are previously notified 15 days in advance: Pro4 vided, That the President shall not enter into any commit5 ment of funds appropriated for the purposes of section 23 

6 of the Arms Export Control Act for the provision of major 

7 defense equipment, other than conventional ammunition, 

8 or other major defense items defined to be aircraft, ships, 

9 missiles, or combat vehicles, not previously justified to 

10 Congress or 20 percent in excess of the quantities justified 

11 to Congress unless the Committees on Appropriations are 

12 notified 15 days in advance of such commitment: Provided 

13 further, That this subsection shall not apply to any re14 programming for an activity, program, or project for 

15 which funds are appropriated under titles II through IV 

16 of this Act of less than 10 percent of the amount pre17 viously justified to the Congress for obligation for such 

18 activity, program, or project for the current fiscal year. 

19 (d) Notwithstanding any other provision of law, funds 

20 transferred by the Department of Defense to the Depart21 ment of State and the United States Agency for Inter22 national Development shall be subject to the regular noti23 fication procedures of the Committees on Appropriations, 

24 and the agency receiving the transfer or allocation shall 

25 perform periodic program financial audits of the use of 
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1 such funds and such funds may be made available for the 

2 cost of such audits. 

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 LIMITATION ON AVAILABILITY OF FUNDS FOR

19 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

20 SEC. 715. Subject to the regular notification proce21 dures of the Committees on Appropriations, funds appro22 priated under titles II through VI of this Act or any pre23 viously enacted Act making appropriations for foreign op24 erations, export financing, and related programs, which 

25 are returned or not made available for organizations and 

26 programs because of the implementation of section 307(a) 
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1 of the Foreign Assistance Act of 1961, shall remain avail2 able for obligation until September 30, 2010. 

3 NEAR EAST SECURITY AND STABILITY

4 SEC. 716. (a) BAHRAIN.—Of the funds appropriated 

5 under the heading ‘‘Foreign Military Financing Program’’ 

6 in this Act, up to $19,500,000 may be made available for 

7 assistance for Bahrain. 

8 (b) EGYPT.— 

9 (1) Of the funds appropriated under the head10 ing ‘‘Economic Support Fund’’ in this Act, not less 

11 than $200,000,000 shall be made available for as12 sistance for Egypt, which sum shall be provided on 

13 a grant basis, and of which sum cash transfer assist14 ance shall be provided with the understanding that 

15 Egypt will undertake significant economic and demo16 cratic reforms which are additional to those which 

17 were undertaken in previous fiscal years: Provided, 

18 That not less than $10,000,000 of such funds shall 

19 be made available for scholarships for Egyptian stu20 dents with high financial needs. 

21 (2) Of the funds appropriated under the head22 ing ‘‘Foreign Military Financing Program’’ in this 

23 Act, not less than $1,300,000,000 shall be made 

24 available for grants only for Egypt, including for 

25 border security programs and activities in the Sinai: 

26 Provided, That foreign military financing program 
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1 funds estimated to be outlayed for Egypt during fis2 cal year 2009 shall be transferred to an interest 

3 bearing account for Egypt in the Federal Reserve 

4 Bank of New York within 30 days of enactment of 

5 this Act. 

6 (3) Of the funds appropriated by this Act and 

7 prior Acts making appropriations for foreign oper8 ations, export financing and related programs under 

9 the heading ‘‘Economic Support Fund’’, up to 

10 $200,000,000 may be made available for an endow11 ment to further economic and political reforms in 

12 Egypt: Provided, That the Secretary of State shall 

13 consult with the Committees on Appropriations on 

14 the establishment of such an endowment. 

15 (c) IRAQ.—Of the funds appropriated under the 

16 headings ‘‘Economic Support Fund’’ and ‘‘International 

17 Narcotics Control and Law Enforcement’’ in this Act, not 

18 more than $75,000,000 shall be made available for pro19 grams and activities in Iraq. 

20 (d) ISRAEL.— 

21 (1) Of the funds appropriated under the head22 ing ‘‘Foreign Military Financing Program’’ in this 

23 Act, not less than $2,380,000,000 shall be made 

24 available for grants only for Israel, which shall be 

25 disbursed within 30 days of enactment of this Act 
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1 or by October 31, 2008, whichever is later: Provided, 

2 That to the extent the Government of Israel requests 

3 that funds be used for such purposes, grants made 

4 available for Israel by this section shall, as agreed 

5 by Israel and the United States, be available for ad6 vanced weapons systems, of which not less than 

7 $670,650,000 shall be available for the procurement 

8 in Israel of defense articles and defense services, in9 cluding research and development. 

10 (2) Of the funds appropriated under the head11 ing ‘‘Migration and Refugee Assistance’’ in this Act, 

12 not less than $30,000,000 shall be made available 

13 for refugees resettling in Israel. 

14 (e) JORDAN.— 

15 (1) Of the funds appropriated under the head16 ing ‘‘Economic Support Fund’’ in this Act, not less 

17 than $263,547,000 shall be made available for as18 sistance for Jordan. 

19 (2) Of the funds appropriated under the head20 ing ‘‘Foreign Military Financing Program’’ in this 

21 Act, not less than $235,000,000 shall be made avail22 able for assistance for Jordan. 

23 (f) LEBANON.— 

24 (1) Of the funds appropriated under the head25 ing ‘‘Economic Support Fund’’ in this Act, up to 
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1 $67,500,000 may be made available for assistance 

2 for Lebanon, of which not less than $10,000,000 

3 shall be made available for scholarships in Lebanon, 

4 and of which not less than $500,000 shall be made 

5 available to the United States Forest Service for for6 est management and wildlife conservation programs 

7 in Lebanon and the region. 

8 (2) Of the funds appropriated under the head9 ing ‘‘Foreign Military Financing Program’’ in this 

10 Act, up to $62,200,000 may be made available for 

11 assistance for Lebanon. 

12 (g) LIBYA.—Notwithstanding any other provision of 

13 law, of the funds appropriated under the heading ‘‘Non14 proliferation, Anti-terrorism, Demining and Related Pro15 grams’’ in this Act, up to $750,000 shall be made avail16 able for assistance for Libya. 

17 (h) OMAN.—Of the funds appropriated under the 

18 heading ‘‘Foreign Military Financing Program’’ in this 

19 Act, up to $12,000,000 may be made available for assist20 ance for Oman. 

21 (i) TUNISIA.—Of the funds appropriated under the 

22 heading ‘‘Foreign Military Financing Program’’ in this 

23 Act, $8,360,000 shall be made available for assistance for 

24 Tunisia. 
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1 (j) TURKEY.—Of the funds appropriated under the 

2 heading ‘‘Economic Support Fund’’ in this Act, 

3 $15,000,000 shall be made available for economic develop4 ment programs along the border of Iraq. 

5 (k) WEST BANK AND GAZA.— 

6 (1) Of the funds appropriated under the head7 ing ‘‘Economic Support Fund’’ in this Act, 

8 $75,000,000 shall be made available for assistance 

9 for the West Bank and Gaza. 

10 (2) The terms and conditions of sections 635, 

11 644, 647, 650, 655, 656, 657 (except subsection 

12 (f)), and the eighth through twelfth provisos under 

13 the heading ‘‘Economic Support Fund’’ of the De14 partment of State, Foreign Operations, and Related 

15 Programs Appropriations Act, 2008 (division J of 

16 Public Law 110–161) shall apply to assistance for 

17 the West Bank and Gaza in this Act. 

18 PROHIBITION ON FUNDING FOR ABORTIONS AND

19 INVOLUNTARY STERILIZATION

20 SEC. 717. (a) None of the funds made available to 

21 carry out part I of the Foreign Assistance Act of 1961, 

22 as amended, may be used to pay for: the performance of 

23 abortions as a method of family planning or to motivate 

24 or coerce any person to practice abortions; the perform25 ance of involuntary sterilization as a method of family 

26 planning or to coerce or provide any financial incentive 
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1 to any person to undergo sterilizations; or any biomedical 

2 research which relates in whole or in part, to methods of, 

3 or the performance of, abortions or involuntary steriliza4 tion as a means of family planning. 

5 (b) None of the funds made available to carry out 

6 part I of the Foreign Assistance Act of 1961, as amended, 

7 may be obligated or expended for any country or organiza8 tion if the President certifies to the Committees on Appro9 priations that the use of these funds by any such country 

10 or organization would violate any of the restrictions con11 tained in subsection (a). 

12 ALLOCATIONS

13 SEC. 718. (a) Funds provided in this Act for the fol14 lowing accounts shall be made available for programs and 

15 countries in the amounts contained in the respective tables 

16 included in the Committee report accompanying this Act: 

17 ‘‘Diplomatic and Consular Programs’’. 

18 ‘‘Educational and Cultural Exchange Pro19 grams’’. 

20 ‘‘International Broadcasting Operations’’. 

21 ‘‘National Endowment for Democracy’’. 

22 ‘‘Global Health and Child Survival’’. 

23 ‘‘Development Assistance’’. 

24 ‘‘Economic Support Fund’’. 

25 ‘‘Democracy Fund’’. 
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1 ‘‘Assistance for Europe, Eurasia and Central 

2 Asia’’. 

3 ‘‘International Narcotics Control and Law En4 forcement’’. 

5 ‘‘Andean Counterdrug Programs’’. 

6 ‘‘Nonproliferation, Anti-Terrorism, Demining 

7 and Related Programs’’. 

8 ‘‘Millennium Challenge Corporation’’. 

9 ‘‘Foreign Military Financing Program’’. 

10 ‘‘International Organizations and Programs’’. 

11 (b) Any proposed increases or decreases to the 

12 amounts contained in such tables in the Committee Report 

13 shall be subject to the regular notification procedures of 

14 the Committees on Appropriations and section 634A of 

15 the Foreign Assistance Act of 1961. 

16 SPECIAL NOTIFICATION REQUIREMENTS

17 SEC. 719. None of the funds appropriated under ti18 tles II through VI of this Act shall be obligated or ex19 pended for assistance for Serbia, Sudan, Zimbabwe, Cuba, 

20 Iran, Haiti, Libya, Ethiopia, Mexico, or Cambodia except 

21 as provided through the regular notification procedures of 

22 the Committees on Appropriations. 

23 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

24 SEC. 720. For the purpose of titles II through VI 

25 of this Act ‘‘program, project, and activity’’ shall be de26 fined at the appropriations Act account level and shall in-
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1 clude all appropriations and authorizations Acts funding 

2 directives, ceilings, and limitations with the exception that 

3 for the following accounts: ‘‘Economic Support Fund’’ and 

4 ‘‘Foreign Military Financing Program’’, ‘‘program, 

5 project, and activity’’ shall also be considered to include 

6 country, regional, and central program level funding with7 in each such account; for the development assistance ac8 counts of the United States Agency for International De9 velopment ‘‘program, project, and activity’’ shall also be 

10 considered to include central, country, regional, and pro11 gram level funding, either as: (1) justified to the Congress; 

12 or (2) allocated by the executive branch in accordance with 

13 a report, to be provided to the Committees on Appropria14 tions within 30 days of the enactment of this Act, as re15 quired by section 653(a) of the Foreign Assistance Act 

16 of 1961. 

17 GLOBAL HEALTH AND CHILD SURVIVAL ACTIVITIES

18 SEC. 721. Up to $13,500,000 of the funds made 

19 available by this Act in title III for assistance under the 

20 heading ‘‘Global Health and Child Survival’’, may be used 

21 to reimburse United States Government agencies, agencies 

22 of State governments, institutions of higher learning, and 

23 private and voluntary organizations for the full cost of in24 dividuals (including for the personal services of such indi25 viduals) detailed or assigned to, or contracted by, as the 

26 case may be, the United States Agency for International 
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1 Development for the purpose of carrying out activities 

2 under that heading: Provided, That up to $3,500,000 of 

3 the funds made available by this Act for assistance under 

4 the heading ‘‘Development Assistance’’ may be used to re5 imburse such agencies, institutions, and organizations for 

6 such costs of such individuals carrying out other develop7 ment assistance activities: Provided further, That funds 

8 appropriated by titles III and IV of this Act that are made 

9 available for bilateral assistance for child survival activi10 ties or disease programs including activities relating to re11 search on, and the prevention, treatment and control of, 

12 HIV/AIDS may be made available notwithstanding any 

13 other provision of law except for the provisions under the 

14 heading ‘‘Global Health and Child Survival’’ and the 

15 United States Leadership Against HIV/AIDS, Tuber16 culosis, and Malaria Act of 2003 (117 Stat. 711; 22 

17 U.S.C. 7601 et seq.), as amended: Provided further, That 

18 of the funds appropriated under title III of this Act, not 

19 less than $475,000,000 shall be made available for family 

20 planning/reproductive health. 

21 AFGHANISTAN

22 SEC. 722. Of the funds appropriated under titles III 

23 and V of this Act, not less than $991,950,000 should be 

24 made available for assistance for Afghanistan: Provided, 

25 That of the funds allocated for assistance for Afghanistan 

26 from this Act not less than $100,000,000 shall be made 
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1 available to support programs that directly address the 

2 needs of Afghan women and girls, including for the Af3 ghan Independent Human Rights Commission, the Afghan 

4 Ministry of Women’s Affairs, and for women-led nonprofit 

5 organizations in Afghanistan: Provided further, That of 

6 the funds appropriated by this Act that are available for 

7 education programs in Afghanistan, not less than 50 per8 cent shall be made available to support higher education 

9 and vocational training programs in law, business, medi10 cine, engineering, public administration, and other fields 

11 necessary to rebuild the country, in which the participa12 tion of women is emphasized: Provided further, That of 

13 the funds appropriated by this Act that are available for 

14 Afghanistan, not less than $12,000,000 shall be made 

15 available for continued support of the United States Agen16 cy for International Development’s Afghan Civilian Assist17 ance Program. 

18 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

19 SEC. 723. Prior to providing excess Department of 

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

21 Foreign Assistance Act of 1961, the Department of De22 fense shall notify the Committees on Appropriations to the 

23 same extent and under the same conditions as are other 

24 committees pursuant to subsection (f) of that section: Pro25 vided, That before issuing a letter of offer to sell excess 

26 defense articles under the Arms Export Control Act, the 
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1 Department of Defense shall notify the Committees on 

2 Appropriations in accordance with the regular notification 

3 procedures of such Committees if such defense articles are 

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

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

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

7 notification is required elsewhere in this Act for the use 

8 of appropriated funds for specific countries that would re9 ceive such excess defense articles: Provided further, That 

10 such Committees shall also be informed of the original ac11 quisition cost of such defense articles. 

12 GLOBAL FUND MANAGEMENT

13 SEC. 724. (a) Notwithstanding any other provision 

14 of this Act, 10 percent of the funds that are appropriated 

15 by this Act for a contribution to support the Global Fund 

16 to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global 

17 Fund’’) shall be withheld from obligation to the Global 

18 Fund until the Secretary of State reports to the Commit19 tees on Appropriations that the Global Fund— 

20 (1) is releasing incremental disbursements only 

21 if grantees demonstrate progress against clearly de22 fined performance indicators; and 

23 (2) is continuing to make progress toward im24 plementing a reporting system that breaks down 

25 grantee budget allocations by programmatic activity. 
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1 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

2 COUNTRIES

3 SEC. 725. (a) Funds appropriated for bilateral assist4 ance under any heading of this Act and funds appro5 priated under any such heading in a provision of law en6 acted prior to the enactment of this Act, shall not be made 

7 available to any country which the President determines— 

8 (1) grants sanctuary from prosecution to any 

9 individual or group which has committed an act of 

10 international terrorism; or 

11 (2) otherwise supports international terrorism. 

12 (b) The President may waive the application of sub13 section (a) to a country if the President determines that 

14 national security or humanitarian reasons justify such 

15 waiver. The President shall publish each waiver in the 

16 Federal Register and, at least 15 days before the waiver 

17 takes effect, shall notify the Committees on Appropria18 tions of the waiver (including the justification for the waiv19 er) in accordance with the regular notification procedures 

20 of the Committees on Appropriations. 

21 DEBT-FOR-DEVELOPMENT

22 SEC. 726. In order to enhance the continued partici23 pation of nongovernmental organizations in debt-for-devel24 opment and debt-for-nature exchanges, a nongovern25 mental organization which is a grantee or contractor of 

26 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 SEPARATE ACCOUNTS

9 SEC. 727. (a) SEPARATE ACCOUNTS FOR LOCAL

10 CURRENCIES.— 

11 (1) If assistance is furnished to the government 

12 of a foreign country under chapters 1 and 10 of part 

13 I or chapter 4 of part II of the Foreign Assistance 

14 Act of 1961 under agreements which result in the 

15 generation of local currencies of that country, the 

16 Administrator of the United States Agency for 

17 International Development shall— 

18 (A) require that local currencies be depos19 ited in a separate account established by that 

20 government; 

21 (B) enter into an agreement with that gov22 ernment which sets forth— 

23 (i) the amount of the local currencies 

24 to be generated; and 
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1 (ii) the terms and conditions under 

2 which the currencies so deposited may be 

3 utilized, consistent with this section; and 

4 (C) establish by agreement with that gov5 ernment the responsibilities of the United 

6 States Agency for International Development 

7 and that government to monitor and account 

8 for deposits into and disbursements from the 

9 separate account. 

10 (2) USES OF LOCAL CURRENCIES.—As may be 

11 agreed upon with the foreign government, local cur12 rencies deposited in a separate account pursuant to 

13 subsection (a), or an equivalent amount of local cur14 rencies, shall be used only— 

15 (A) to carry out chapter 1 or 10 of part 

16 I or chapter 4 of part II (as the case may be), 

17 for such purposes as— 

18 (i) project and sector assistance activi19 ties; or 

20 (ii) debt and deficit financing; or 

21 (B) for the administrative requirements of 

22 the United States Government. 

23 (3) PROGRAMMING ACCOUNTABILITY.—The 

24 United States Agency for International Development 

25 shall take all necessary steps to ensure that the 
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1 equivalent of the local currencies disbursed pursuant 

2 to subsection (a)(2)(A) from the separate account 

3 established pursuant to subsection (a)(1) are used 

4 for the purposes agreed upon pursuant to subsection 

5 (a)(2). 

6 (4) TERMINATION OF ASSISTANCE PRO7 GRAMS.—Upon termination of assistance to a coun8 try under chapter 1 or 10 of part I or chapter 4 of 

9 part II (as the case may be), any unencumbered bal10 ances of funds which remain in a separate account 

11 established pursuant to subsection (a) shall be dis12 posed of for such purposes as may be agreed to by 

13 the government of that country and the United 

14 States Government. 

15 (5) REPORTING REQUIREMENT.—The Adminis16 trator of the United States Agency for International 

17 Development shall report on an annual basis as part 

18 of the justification documents submitted to the Com19 mittees on Appropriations on the use of local cur20 rencies for the administrative requirements of the 

21 United States Government as authorized in sub22 section (a)(2)(B), and such report shall include the 

23 amount of local currency (and United States dollar 

24 equivalent) used and/or to be used for such purpose 

25 in each applicable country. 
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1 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

2 (1) If assistance is made available to the gov3 ernment of a foreign country, under chapter 1 or 10 

4 of part I or chapter 4 of part II of the Foreign As5 sistance Act of 1961, as cash transfer assistance or 

6 as nonproject sector assistance, that country shall be 

7 required to maintain such funds in a separate ac8 count and not commingle them with any other 

9 funds. 

10 (2) APPLICABILITY OF OTHER PROVISIONS OF

11 LAW.—Such funds may be obligated and expended 

12 notwithstanding provisions of law which are incon13 sistent with the nature of this assistance including 

14 provisions which are referenced in the Joint Explan15 atory Statement of the Committee of Conference ac16 companying House Joint Resolution 648 (House Re17 port No. 98–1159). 

18 (3) NOTIFICATION.—At least 15 days prior to 

19 obligating any such cash transfer or nonproject sec20 tor assistance, the President shall submit a notifica21 tion through the regular notification procedures of 

22 the Committees on Appropriations, which shall in23 clude a detailed description of how the funds pro24 posed to be made available will be used, with a dis25 cussion of the United States interests that will be 
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1 served by the assistance (including, as appropriate, 

2 a description of the economic policy reforms that will 

3 be promoted by such assistance). 

4 (4) EXEMPTION.—Nonproject sector assistance 

5 funds may be exempt from the requirements of sub6 section (b)(1) only through the notification proce7 dures of the Committees on Appropriations. 

8 ENTERPRISE FUNDS

9 SEC. 728. (a) Prior to the distribution of any assets 

10 resulting from any liquidation, dissolution, or winding up 

11 of an Enterprise Fund, in whole or in part, the President 

12 shall submit to the Committees on Appropriations, in ac13 cordance with the regular notification procedures of the 

14 Committees on Appropriations, a plan for the distribution 

15 of the assets of the Enterprise Fund. 

16 (b) Funds made available under titles II through VI 

17 of this Act for Enterprise Funds shall be expended at the 

18 minimum rate necessary to make timely payment for 

19 projects and activities. 

20 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

21 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

22 SEC. 729. Unless expressly provided to the contrary, 

23 provisions of this or any other Act, including provisions 

24 contained in prior Acts authorizing or making appropria25 tions for foreign operations, export financing, and related 

26 programs, shall not be construed to prohibit activities au-
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1 thorized by or conducted under the Peace Corps Act, the 

2 Inter-American Foundation Act or the African Develop3 ment Foundation Act. The agency shall promptly report 

4 to the Committees on Appropriations whenever it is con5 ducting activities or is proposing to conduct activities in 

6 a country for which assistance is prohibited. 

7 IMPACT ON JOBS IN THE UNITED STATES

8 SEC. 730. None of the funds appropriated under ti9 tles II through VI of this Act may be obligated or ex10 pended to provide— 

11 (1) any financial incentive to a business enter12 prise currently located in the United States for the 

13 purpose of inducing such an enterprise to relocate 

14 outside the United States if such incentive or in15 ducement is likely to reduce the number of employ16 ees of such business enterprise in the United States 

17 because United States production is being replaced 

18 by such enterprise outside the United States; or 

19 (2) assistance for any program, project, or ac20 tivity that contributes to the violation of internation21 ally recognized workers rights, as defined in section 

22 507(4) of the Trade Act of 1974, of workers in the 

23 recipient country, including any designated zone or 

24 area in that country: Provided, That the application 

25 of section 507(4)(D) and (E) of such Act should be 

26 commensurate with the level of development of the 
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1 recipient country and sector, and shall not preclude 

2 assistance for the informal sector in such country, 

3 micro and small-scale enterprise, and smallholder 

4 agriculture. 

5 COMPREHENSIVE EXPENDITURES REPORT

6 SEC. 731. Not later than 180 days after the date of 

7 enactment of this Act, the Secretary of State shall submit 

8 a report to the Committees on Appropriations detailing 

9 the total amount of United States Government expendi10 tures in fiscal year 2008, by Federal agency, for programs 

11 and activities in each foreign country, identifying the line 

12 item as presented in the President’s Budget Appendix and 

13 the purpose for which the funds were provided: Provided, 

14 That if required, information may be submitted in classi15 fied form. 

16 SPECIAL AUTHORITIES

17 SEC. 732. (a) AFGHANISTAN, SUDAN, IRAQ, PAKI18 STAN, LEBANON, MONTENEGRO, VICTIMS OF WAR, DIS19 PLACED CHILDREN, AND DISPLACED BURMESE.—Funds 

20 appropriated under titles II through VI of this Act that 

21 are made available for assistance for Afghanistan may be 

22 made available notwithstanding section 711 of this Act or 

23 any similar provision of law and section 660 of the For24 eign Assistance Act of 1961, and funds appropriated in 

25 titles III and VI of this Act that are made available for 

26 Sudan, Iraq, Lebanon, Montenegro, Pakistan, and for vic-
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1 tims of war, displaced children, and displaced Burmese, 

2 and to assist victims of trafficking in persons and, subject 

3 to the regular notification procedures of the Committees 

4 on Appropriations, to combat such trafficking, may be 

5 made available notwithstanding any other provision of law. 

6 (b) TROPICAL FORESTRY AND BIODIVERSITY CON7 SERVATION ACTIVITIES.—Funds appropriated by this Act 

8 to carry out the provisions of sections 103 through 106, 

9 and chapter 4 of part II, of the Foreign Assistance Act 

10 of 1961 may be used, notwithstanding any other provision 

11 of law, for the purpose of supporting tropical forest and 

12 biodiversity conservation activities and renewable energy 

13 and energy end-use efficiency programs to reduce carbon 

14 emissions: Provided, That such assistance shall be subject 

15 to the regular notification procedures of the Committees 

16 on Appropriations. 

17 (c) PERSONAL SERVICES CONTRACTORS.—Funds ap18 propriated by this Act to carry out chapter 1 of part I, 

19 chapter 4 of part II, and section 667 of the Foreign As20 sistance Act of 1961, and title II of the Agricultural Trade 

21 Development and Assistance Act of 1954, may be used 

22 by the United States Agency for International Develop23 ment to employ up to 25 personal services contractors in 

24 the United States, notwithstanding any other provision of 

25 law, for the purpose of providing direct, interim support 
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1 for new or expanded overseas programs and activities 

2 managed by the agency until permanent direct hire per3 sonnel are hired and trained: Provided, That not more 

4 than 10 of such contractors shall be assigned to any bu5 reau or office: Provided further, That such funds appro6 priated to carry out title II of the Agricultural Trade De7 velopment and Assistance Act of 1954, may be made avail8 able only for personal services contractors assigned to the 

9 Office of Food for Peace. 

10 (d)(1) WAIVER.—The President may waive the provi11 sions of section 1003 of Public Law 100–204 if the Presi12 dent determines and certifies in writing to the Speaker 

13 of the House of Representatives and the President pro 

14 tempore of the Senate that it is important to the national 

15 security interests of the United States. 

16 (2) PERIOD OF APPLICATION OF WAIVER.—Any waiv17 er pursuant to paragraph (1) shall be effective for no more 

18 than a period of 6 months at a time and shall not apply 

19 beyond 12 months after the enactment of this Act. 

20 (e) SMALL BUSINESS.—In entering into multiple 

21 award indefinite-quantity contracts with funds appro22 priated by this Act, the United States Agency for Inter23 national Development may provide an exception to the fair 

24 opportunity process for placing task orders under such 
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1 contracts when the order is placed with any category of 

2 small or small disadvantaged business. 

3 (f) VIETNAMESE REFUGEES.—Section 594(a) of the 

4 Foreign Operations, Export Financing, and Related Pro5 grams Appropriations Act, 2005 (enacted as division D 

6 of Public Law 108–447; 118 Stat. 3038) is amended by 

7 striking ‘‘2009’’ and inserting ‘‘2010’’. 

8 (g) 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 (h) MILLENNIUM CHALLENGE CORPORATION.—The 

17 Millennium Challenge Corporation Act of 2003 (22 U.S.C. 

18 7701 et seq.) is amended in section 615 (22 U.S.C. 7714) 

19 by inserting the following new subsection at the end; 

20 ‘‘(c) REIMBURSEMENT.—The Corporation shall reim21 burse the United States Agency for International Develop22 ment for all expenses incurred by the Agency in assisting 

23 the Corporation in carrying out this title, including admin24 istrative costs for compact development, negotiation, and 

25 implementation.’’. 
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1 (i) AUTHORITY.—Funds appropriated or otherwise 

2 made available by title III of the Department of State, 

3 Foreign Operations, and Related Programs Appropria4 tions Act, 2008 (division J of Public Law 110–161) under 

5 the heading ‘‘Economic Support Fund’’ that are available 

6 for a competitively awarded grant for nuclear security ini7 tiatives relating to North Korea shall be made available 

8 notwithstanding any other provision of law. 

9 (j) EXTENSION OF AUTHORITY.—The Foreign Oper10 ations, Export Financing, and Related Programs Appro11 priations Act, 1990 (Public Law 101–167) is amended— 

12 (1) in section 599D (8 U.S.C. 1157 note)— 

13 (A) in subsection (b)(3), by striking ‘‘and 

14 2008’’ and inserting ‘‘2008, and 2009’’; and 

15 (B) in subsection (e), by striking ‘‘2008’’ 

16 each place it appears and inserting ‘‘2009’’; and 

17 (2) in section 599E (8 U.S.C. 1255 note) in 

18 subsection (b)(2), by striking ‘‘2008’’ and inserting 

19 ‘‘2009’’. 

20 (k) WORLD FOOD PROGRAM.—Of the funds managed 

21 by the Bureau for Democracy, Conflict, and Humanitarian 

22 Assistance of the United States Agency for International 

23 Development, from this or any other Act, not less than 

24 $10,000,000 shall be made available as a general contribu-
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1 tion to the World Food Program, notwithstanding any 

2 other provision of law. 

3 (l) DISARMAMENT, DEMOBILIZATION AND RE4 INTEGRATION.—Notwithstanding any other provision of 

5 law, regulation or Executive order, funds appropriated by 

6 this Act and prior Acts making appropriations for foreign 

7 operations, export financing, and related programs under 

8 the headings ‘‘Economic Support Fund’’, ‘‘Peacekeeping 

9 Operations’’, ‘‘International Disaster Assistance’’, and 

10 ‘‘Transition Initiatives’’ should be made available to sup11 port programs to disarm, demobilize, and reintegrate into 

12 civilian society former members of foreign terrorist organi13 zations: Provided, That the Secretary of State shall con14 sult with the Committees on Appropriations prior to the 

15 obligation of funds pursuant to this subsection: Provided 

16 further, That for the purposes of this subsection the term 

17 ‘‘foreign terrorist organization’’ means an organization 

18 designated as a terrorist organization under section 219 

19 of the Immigration and Nationality Act. 

20 (m) NONGOVERNMENTAL ORGANIZATIONS.—With 

21 respect to the provision of assistance for democracy, 

22 human rights and governance activities, the organizations 

23 implementing such assistance and the specific nature of 

24 that assistance shall not be subject to the prior approval 

25 by the government of any foreign country. 
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1 (n) BROADCASTING BOARD OF GOVERNORS AUTHOR2 ITY.—Section 504(c) of the Foreign Relations Authoriza3 tion Act, Fiscal Year 2003 (Public Law 107–228; 22 

4 U.S.C. 6206 note) is amended by striking ‘‘December 31, 

5 2008’’ and inserting ‘‘December 31, 2009’’. 

6 (o) SECTION 907.—Section 907 of the FREEDOM 

7 Support Act (Public Law 102–511) is amended by insert8 ing ‘‘(a)’’ at the beginning of the section and inserting 

9 after ‘‘Nagorno-Karabakh.’’ the following new subsection: 

10 ‘‘(b)(1) Subsection (a) shall not apply to— 

11 ‘‘(A) activities to support democracy or assist12 ance under title V of this Act and section 1424 of 

13 Public Law 104–201 or non-proliferation assistance; 

14 ‘‘(B) any assistance provided by the Trade and 

15 Development Agency under section 661 of the For16 eign Assistance Act of 1961 (22 U.S.C. 2421); 

17 ‘‘(C) any activity carried out by a member of 

18 the United States and Foreign Commercial Service 

19 while acting within his or her official capacity; 

20 ‘‘(D) any insurance, reinsurance, guarantee or 

21 other assistance provided by the Overseas Private 

22 Investment Corporation under title IV of chapter 2 

23 of part I of the Foreign Assistance Act of 1961 (22 

24 U.S.C. 2191 et seq.); 
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1 ‘‘(E) any financing provided under the Export2 Import Bank Act of 1945; or 

3 ‘‘(F) humanitarian assistance. 

4 ‘‘(2) The President may waive subsection (a) on an 

5 annual basis if he determines and certifies to the Commit6 tees on Appropriations that to do so— 

7 ‘‘(A) is necessary to support United States ef8 forts to counter international terrorism; or 

9 ‘‘(B) is necessary to support the operational 

10 readiness of United States Armed Forces or coali11 tion partners to counter international terrorism; or 

12 ‘‘(C) is important to Azerbaijan’s border secu13 rity; and 

14 ‘‘(D) will not undermine or hamper ongoing ef15 forts to negotiate a peaceful settlement between Ar16 menia and Azerbaijan or be used for offensive pur17 poses against Armenia.’’. 

18 (p) RESTRICTIONS ON ASSISTANCE.— 

19 (1) The terms and requirements of section 

20 620(h) of the Foreign Assistance Act of 1961 shall 

21 apply to foreign assistance projects or activities of 

22 the People’s Liberation Army (PLA) of the People’s 

23 Republic of China, to include such projects or activi24 ties by any entity that is owned or controlled by, or 

25 an affiliate of, the PLA. 
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1 (2) None of the funds appropriated or otherwise 

2 made available pursuant to this Act may be used to 

3 finance any grant, contract, or cooperative agree4 ment with the PLA, or any entity that is owned or 

5 controlled by, or an affiliate of, the PLA. 

6 ELIGIBILITY FOR ASSISTANCE

7 SEC. 733. (a) ASSISTANCE THROUGH NONGOVERN8 MENTAL ORGANIZATIONS.—Restrictions contained under 

9 titles II through VI of this or any other Act with respect 

10 to assistance for a country shall not be construed to re11 strict assistance in support of programs of nongovern12 mental organizations from funds appropriated by this Act 

13 to carry out the provisions of chapters 1, 10, 11, and 12 

14 of part I and chapter 4 of part II of the Foreign Assist15 ance Act of 1961, and from funds appropriated under the 

16 heading ‘‘Assistance for Europe, Eurasia and Central 

17 Asia’’: Provided, That before using the authority of this 

18 subsection to furnish assistance in support of programs 

19 of nongovernmental organizations, the President shall no20 tify the Committees on Appropriations under the regular 

21 notification procedures of those committees, including a 

22 description of the program, the assistance to be provided, 

23 and the reasons for furnishing such assistance: Provided 

24 further, That nothing in this subsection shall be construed 

25 to alter any existing statutory prohibitions against abor-
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1 tion or involuntary sterilizations contained in this or any 

2 other Act. 

3 (b) PUBLIC LAW 480.—During fiscal year 2009, 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. 

23 RESERVATIONS OF FUNDS

24 SEC. 734. (a) Funds appropriated under titles II 

25 through VI of this Act which are specifically designated 

26 may be reprogrammed for other programs within the same 
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1 account notwithstanding the designation if compliance 

2 with the designation is made impossible by operation of 

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

4 such reprogramming shall be subject to the regular notifi5 cation procedures of the Committees on Appropriations: 

6 Provided further, That assistance that is reprogrammed 

7 pursuant to this subsection shall be made available under 

8 the same terms and conditions as originally provided. 

9 (b) In addition to the authority contained in sub10 section (a), the original period of availability of funds ap11 propriated by this Act and administered by the United 

12 States Agency for International Development that are spe13 cifically designated for particular programs or activities by 

14 this or any other Act shall be extended for an additional 

15 fiscal year if the Administrator of such agency determines 

16 and reports promptly to the Committees on Appropria17 tions that the termination of assistance to a country or 

18 a significant change in circumstances makes it unlikely 

19 that such designated funds can be obligated during the 

20 original period of availability: Provided, That such des21 ignated funds that are continued available for an addi22 tional fiscal year shall be obligated only for the purpose 

23 of such designation. 

24 (c) Ceilings and specifically designated funding levels 

25 contained in this Act shall not be applicable to funds or 
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1 authorities appropriated or otherwise made available by 

2 any subsequent Act unless such Act specifically so directs. 

3 Specifically designated funding levels or minimum funding 

4 requirements contained in any other Act shall not be appli5 cable to funds appropriated by this Act. 

6 ASIA

7 SEC. 735. (a) BURMA.— 

8 (1) The Secretary of the Treasury shall instruct 

9 the United States executive director to each inter10 national financial institution in which the United 

11 States participates, to oppose and vote against the 

12 extension by such institution any loan or financial or 

13 technical assistance or any other utilization of funds 

14 to and for Burma. 

15 (2) Of the funds appropriated by this Act under 

16 the heading ‘‘Economic Support Fund’’, not less 

17 than $20,000,000 shall be made available to support 

18 democracy activities in Burma, along the Burma19 Thailand border, for activities of Burmese student 

20 groups and other organizations located outside 

21 Burma, and for the purpose of supporting the provi22 sion of humanitarian assistance to displaced Bur23 mese along Burma’s borders: Provided, That such 

24 funds may be made available notwithstanding any 

25 other provision of law: Provided further, That in ad26 dition to assistance for Burmese refugees provided 
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1 under the heading ‘‘Migration and Refugee Assist2 ance’’ in this Act, not less than $5,000,000 shall be 

3 made available for community-based organizations 

4 operating in Thailand to provide food, medical and 

5 other humanitarian assistance to internally displaced 

6 persons in eastern Burma: Provided further, That 

7 funds made available under this paragraph shall be 

8 subject to the regular notification procedures of the 

9 Committees on Appropriations. 

10 (b) CAMBODIA.— 

11 (1) Of the funds appropriated under the head12 ing ‘‘Economic Support Fund’’ in this Act, 

13 $20,000,000 shall be made available for assistance 

14 for Cambodia, of which a portion may be used for 

15 an endowment, and of which not less than 

16 $2,000,000 shall be made available through non17 governmental organizations for programs to 

18 strengthen the capacity of the Government of Cam19 bodia to combat human trafficking, notwithstanding 

20 any other provision of law. 

21 (2) Section 495H of chapter 9 of the Foreign 

22 Assistance Act of 1961, as amended, is hereby re23 pealed. 

24 (c) EAST ASIA AND PACIFIC ENVIRONMENTAL INI25 TIATIVES.—Of the funds appropriated under the heading 
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1 ‘‘Economic Support Fund’’ in this Act, $2,500,000 shall 

2 be made available for East Asia and Pacific Environ3 mental Initiatives. 

4 (d) INDONESIA.— 

5 (1) Of the funds appropriated under the head6 ing ‘‘Foreign Military Financing Program’’ in this 

7 Act, up to $15,700,000 shall be made available for 

8 assistance for Indonesia, of which not less than 

9 $2,700,000 shall be used for programs and activities 

10 that directly increase transparency and account11 ability within the Indonesian armed forces’ oper12 ations and financial management. 

13 (2) Of the funds appropriated under the head14 ing ‘‘Economic Support Fund’’ in this Act that are 

15 available for assistance for Indonesia, $250,000 

16 should be made available for grants for capacity 

17 building of Indonesian human rights organizations, 

18 including in Papua. 

19 (3) Not later than 90 days after enactment of 

20 this Act, the Secretary of State shall report in writ21 ing to the Committees on Appropriations detailing 

22 actions taken by the Government of Indonesia to— 

23 (A) prosecute and punish, in a manner 

24 proportional to the crime, current and former 

25 members of the armed forces who have been 
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1 credibly alleged to have violated human rights, 

2 and to require the armed forces to cooperate 

3 with civilian judicial authorities and with inter4 national efforts to resolve cases of violations of 

5 human rights; 

6 (B) implement reforms to increase the 

7 transparency and accountability of the armed 

8 forces’ operations and financial management; 

9 (C) allow public access to Papua; and 

10 (D) complete the investigation of the mur11 der of Munir Said Thalib. 

12 (e) NORTH KOREA.—Funds made available under the 

13 heading ‘‘Migration and Refugee Assistance’’ in this Act 

14 shall be made available for assistance for refugees from 

15 North Korea. 

16 (f) PEOPLE’S REPUBLIC OF CHINA.— 

17 (1) Notwithstanding any other provision of law 

18 and subject to the regular notification procedures of 

19 the Committees on Appropriations, of the funds ap20 propriated under the heading ‘‘Development Assist21 ance’’ in this Act, not less than $15,000,000 shall 

22 be made available to United States educational insti23 tutions and nongovernmental organizations for pro24 grams and activities in the People’s Republic of 
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1 China relating to the environment, governance and 

2 the rule of law. 

3 (2) Not later than 180 days after enactment of 

4 this Act, the Secretary of State shall submit a report 

5 to the Committees on Appropriations detailing, to 

6 the extent practicable, the amount of assistance pro7 vided by the People’s Republic of China to govern8 ments and entities in Latin America and Africa dur9 ing previous calendar year. This report shall be 

10 made publicly available in a timely manner on the 

11 website of the Department of State and the United 

12 States Agency for International Development in 

13 English and Mandarin. 

14 (g) TIBET.— 

15 (1) The Secretary of the Treasury should in16 struct the United States executive director to each 

17 international financial institution to use the voice 

18 and vote of the United States to support projects in 

19 Tibet if such projects do not provide incentives for 

20 the migration and settlement of non-Tibetans into 

21 Tibet or facilitate the transfer of ownership of Ti22 betan land and natural resources to non-Tibetans; 

23 are based on a thorough needs-assessment; foster 

24 self-sufficiency of the Tibetan people and respect Ti-
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1 betan culture and traditions; and are subject to ef2 fective monitoring. 

3 (2) Notwithstanding any other provision of law, 

4 not less than $6,000,000 of the funds appropriated 

5 by this Act under the heading ‘‘Economic Support 

6 Fund’’ should be made available to nongovernmental 

7 organizations to support activities which preserve 

8 cultural traditions and promote sustainable develop9 ment and environmental conservation in Tibetan 

10 communities in the Tibetan Autonomous Region and 

11 in other Tibetan communities in China: Provided, 

12 That the Office of the Special Coordinator for Ti13 betan Issues, Department of State, in consultation 

14 with the United States Agency for International De15 velopment, shall have responsibility for the use of 

16 such funds. 

17 (h) VIETNAM.—Notwithstanding any other provision 

18 of law, funds appropriated under the heading ‘‘Economic 

19 Support Fund’’ in this Act may be made available for pro20 grams and activities in the central highlands of Vietnam, 

21 and not less than $3,000,000 shall be made available for 

22 environmental remediation and related health activities in 

23 Vietnam. 

24 PROHIBITION ON PUBLICITY OR PROPAGANDA

25 SEC. 736. No part of any appropriation contained in 

26 this Act shall be used for publicity or propaganda purposes 
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1 within the United States not authorized before the date 

2 of the enactment of this Act by the Congress: Provided, 

3 That not to exceed $25,000 may be made available to 

4 carry out the provisions of section 316 of Public Law 96– 

5 533. 

6 PROHIBITION OF PAYMENTS TO UNITED NATIONS

7 MEMBERS

8 SEC. 737. None of the funds appropriated or made 

9 available pursuant to titles II through VI of this Act for 

10 carrying out the Foreign Assistance Act of 1961, may be 

11 used to pay in whole or in part any assessments, arrear12 ages, or dues of any member of the United Nations or, 

13 from funds appropriated by this Act to carry out chapter 

14 1 of part I of the Foreign Assistance Act of 1961, the 

15 costs for participation of another country’s delegation at 

16 international conferences held under the auspices of multi17 lateral or international organizations. 

18 REQUESTS FOR DOCUMENTS

19 SEC. 738. None of the funds appropriated or made 

20 available pursuant to titles II through VI of this Act shall 

21 be available to any government or nongovernmental orga22 nization, including any contractor, which fails to provide 

23 upon timely request any document, file, or record nec24 essary to the auditing requirements of the United States 

25 Agency for International Development. 
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1 RESTRICTION ON EXPORTS

2 SEC. 739. (a) None of the funds appropriated or oth3 erwise made available by titles II through VI of this Act 

4 may be available to any foreign government which provides 

5 lethal military equipment to a country the government of 

6 which the Secretary of State has determined is a govern7 ment that supports international terrorism for purposes 

8 of section 6(j) of the Export Administration Act of 1979. 

9 The prohibition under this section with respect to a for10 eign government shall terminate 12 months after that gov11 ernment ceases to provide such military equipment. This 

12 section applies with respect to lethal military equipment 

13 provided under a contract entered into after October 1, 

14 1997. 

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

16 other similar provision of law, may be furnished if the 

17 President determines that furnishing such assistance is 

18 important to the national interests of the United States. 

19 (c) Whenever the President makes a determination 

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

21 the appropriate congressional committees a report with re22 spect to the furnishing of such assistance. Any such report 

23 shall include a detailed explanation of the assistance to 

24 be provided, including the estimated dollar amount of such 
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1 assistance, and an explanation of how the assistance fur2 thers United States national interests. 

3 PARKING FINES AND REAL PROPERTY TAXES OWED BY

4 FOREIGN GOVERNMENTS

5 SEC. 740. (a) Subject to subsection (c), of the funds 

6 appropriated under titles II through VI by this Act that 

7 are made available for assistance for a foreign country, 

8 an amount equal to 110 percent of the total amount of 

9 the unpaid fully adjudicated parking fines and penalties 

10 and unpaid property taxes owed by the central government 

11 of such country shall be withheld from obligation for as12 sistance for the central government of such country until 

13 the Secretary of State submits a certification to the Com14 mittees on Appropriations stating that such parking fines 

15 and penalties and unpaid property taxes are fully paid. 

16 (b) Funds withheld from obligation pursuant to sub17 section (a) may be made available for other programs or 

18 activities funded by this Act, after consultation with and 

19 subject to the regular notification procedures of the Com20 mittees on Appropriations, provided that no such funds 

21 shall be made available for assistance for the central gov22 ernment of a foreign country that has not paid the total 

23 amount of the fully adjudicated parking fines and pen24 alties and unpaid property taxes owed by such country. 

25 (c) Subsection (a) shall not include amounts that 

26 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, 2007. 

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 WAR CRIMES TRIBUNALS DRAWDOWN

21 SEC. 741. If the President determines that doing so 

22 will contribute to a just resolution of charges regarding 

23 genocide or other violations of international humanitarian 

24 law, the President may direct a drawdown pursuant to sec25 tion 552(c) of the Foreign Assistance Act of 1961 of up 

26 to $30,000,000 of commodities and services for the United 
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1 Nations War Crimes Tribunal established with regard to 

2 the former Yugoslavia by the United Nations Security 

3 Council or such other tribunals or commissions as the 

4 Council may establish or authorize to deal with such viola5 tions, without regard to the ceiling limitation contained 

6 in paragraph (2) thereof: Provided, That the determina7 tion required under this section shall be in lieu of any de8 terminations otherwise required under section 552(c): Pro9 vided further, That funds made available for tribunals 

10 other than the International Criminal Tribunal for the 

11 former Yugoslavia, the International Criminal Tribunal 

12 for Rwanda, or the Special Court for Sierra Leone shall 

13 be made available subject to the regular notification proce14 dures of the Committees on Appropriations. 

15 LANDMINES AND CLUSTER MUNITIONS

16 SEC. 742. (a) LANDMINES.—Notwithstanding any 

17 other provision of law, demining equipment available to 

18 the United States Agency for International Development 

19 and the Department of State and used in support of the 

20 clearance of landmines and unexploded ordnance for hu21 manitarian purposes may be disposed of on a grant basis 

22 in foreign countries, subject to such terms and conditions 

23 as the President may prescribe. 

24 (b) CLUSTER MUNITIONS.—No military assistance 

25 shall be furnished for cluster munitions, no defense export 

26 license for cluster munitions may be issued, and no cluster 
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1 munitions or cluster munitions technology shall be sold or 

2 transferred, unless— 

3 (1) the submunitions of the cluster munitions 

4 have a 99 percent or higher functioning rate; and 

5 (2) the agreement applicable to the assistance, 

6 transfer, or sale of the cluster munitions or cluster 

7 munitions technology specifies that the cluster muni8 tions will only be used against clearly defined mili9 tary targets and will not be used where civilians are 

10 known to be present. 

11 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

12 SEC. 743. None of the funds appropriated or other13 wise made available under titles III or IV of this Act under 

14 the headings ‘‘International Military Education and 

15 Training’’ or ‘‘Foreign Military Financing Program’’ for 

16 Informational Program activities or under the headings 

17 ‘‘Global Health and Child Survival’’, ‘‘Development Assist18 ance’’, and ‘‘Economic Support Fund’’ may be obligated 

19 or expended to pay for— 

20 (1) alcoholic beverages; or 

21 (2) entertainment expenses for activities that 

22 are substantially of a recreational character, includ23 ing but not limited to entrance fees at sporting 

24 events, theatrical and musical productions, and 

25 amusement parks. 
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1 ANTI-KLEPTOCRACY

2 SEC. 744. (a) In furtherance of the National Strategy 

3 to Internationalize Efforts Against Kleptocracy and Presi4 dential Proclamation 7750, the Secretary of State shall 

5 compile and maintain a list of officials of foreign govern6 ments and their immediate family members who the Sec7 retary has credible evidence have been involved in corrup8 tion relating to the extraction of natural resources in their 

9 countries. 

10 (b) Any individual on the list compiled under sub11 section (a) shall be ineligible for admission to the United 

12 States. 

13 (c) No property or interest in property belonging to 

14 an individual on the list complied under subsection (a), 

15 or to a member of the immediate family of such individual 

16 if the property is effectively under the control of such indi17 vidual, may be transferred, paid, exported, withdrawn, or 

18 otherwise dealt with, if the property is within the United 

19 States or within the possession or control of a United 

20 States person, including the overseas branch of such per21 son, or after the date of the enactment of this Act comes 

22 within the control of such person. 

23 (d) The Secretary may waive the application of sub24 section (a) if the Secretary determines that admission to 

25 the United States is necessary to attend the United Na-
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1 tions or to further United States law enforcement objec2 tives, or that the circumstances which caused the indi3 vidual to be included on the list have changed sufficiently 

4 to justify the removal of the individual from the list. 

5 (e) Not later than 90 days after enactment of this 

6 Act and 180 days thereafter, the Secretary of State shall 

7 report in writing, in classified form if necessary, to the 

8 Committees on Appropriations describing the evidence of 

9 corruption in subsection (a). 

10 FOREIGN MILITARY TRAINING REPORT

11 SEC. 745. The annual foreign military training report 

12 required by section 656 of the Foreign Assistance Act of 

13 1961 shall be submitted by the Secretary of Defense and 

14 the Secretary of State to the Committees on Appropria15 tions by the date specified in that section. 

16 AUTHORIZATION REQUIREMENT

17 SEC. 746. Funds appropriated by this Act, except 

18 funds appropriated under the headings ‘‘Trade and Devel19 opment Agency’’ and ‘‘Overseas Private Investment Cor20 poration’’, may be obligated and expended notwith21 standing section 10 of Public Law 91–672 and section 15 

22 of the State Department Basic Authorities Act of 1956. 

23 LIBYA

24 SEC. 747. (a) None of the funds appropriated or oth25 erwise made available by this Act shall be obligated or ex-
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1 pended to finance directly any assistance for the Govern2 ment of Libya. 

3 (b) The prohibition of subsection (a) shall not apply 

4 if the Secretary of State certifies to the Committees on 

5 Appropriations that the Government of Libya has made 

6 the final settlement payments to the Pan Am 103 victims’ 

7 families, paid to the LaBelle Disco bombing victims the 

8 agreed upon settlement amounts, and is engaging in good 

9 faith settlement discussions regarding other relevant ter10 rorism cases. 

11 (c) Not later than 180 days after enactment of this 

12 Act, the Secretary shall submit a report to the Committees 

13 on Appropriations describing (1) actions taken by the De14 partment of State to facilitate a resolution of these cases; 

15 and (2) United States commercial activities in Libya’s en16 ergy sector. 

17 WAR CRIMINALS

18 SEC. 748. (a)(1) None of the funds appropriated or 

19 otherwise made available under titles II through VI of this 

20 Act may be made available for assistance, and the Sec21 retary of the Treasury shall instruct the United States Ex22 ecutive Director at each international financial institution 

23 to vote against any new project involving the extension by 

24 such institutions of any financial or technical assistance, 

25 to any country, entity, or municipality whose competent 

26 authorities have failed, as determined by the Secretary of 
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1 State, to take necessary and significant steps to imple2 ment its international legal obligations to apprehend and 

3 transfer to the International Criminal Tribunal for the 

4 former Yugoslavia (the ‘‘Tribunal’’) all persons in their 

5 territory who have been indicted by the Tribunal and to 

6 otherwise cooperate with the Tribunal. 

7 (2) The provisions of this subsection shall not apply 

8 to humanitarian assistance or assistance for democratiza9 tion. 

10 (b) The provisions of subsection (a) shall apply unless 

11 the Secretary of State determines and reports to the ap12 propriate congressional committees that the competent au13 thorities of such country, entity, or municipality are— 

14 (1) cooperating with the Tribunal, including ac15 cess for investigators to archives and witnesses, the 

16 provision of documents, and the surrender and 

17 transfer of indictees or assistance in their apprehen18 sion; and 

19 (2) are acting consistently with the Dayton Ac20 cords. 

21 (c) Not less than 10 days before any vote in an inter22 national financial institution regarding the extension of 

23 any new project involving financial or technical assistance 

24 or grants to any country or entity described in subsection 

25 (a), the Secretary of the Treasury, in consultation with 
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1 the Secretary of State, shall provide to the Committees 

2 on Appropriations a written justification for the proposed 

3 assistance, including an explanation of the United States 

4 position regarding any such vote, as well as a description 

5 of the location of the proposed assistance by municipality, 

6 its purpose, and its intended beneficiaries. 

7 (d) In carrying out this section, the Secretary of 

8 State, the Administrator of the United States Agency for 

9 International Development, and the Secretary of the 

10 Treasury shall consult with representatives of human 

11 rights organizations and all Government agencies with rel12 evant information to help prevent indicted war criminals 

13 from benefiting from any financial or technical assistance 

14 or grants provided to any country or entity described in 

15 subsection (a). 

16 (e) The Secretary of State may waive the application 

17 of subsection (a) with respect to projects within a country, 

18 entity, or municipality upon a written determination to the 

19 Committees on Appropriations that such assistance di20 rectly supports the implementation of the Dayton Accords. 

21 (f) DEFINITIONS.—As used in this section: 

22 (1) COUNTRY.—The term ‘‘country’’ means 

23 Bosnia and Herzegovina, Croatia and Serbia. 
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1 (2) ENTITY.—The term ‘‘entity’’ refers to the 

2 Federation of Bosnia and Herzegovina, Kosovo, 

3 Montenegro and the Republika Srpska. 

4 (3) MUNICIPALITY.—The term ‘‘municipality’’ 

5 means a city, town or other subdivision within a 

6 country or entity as defined herein. 

7 (4) DAYTON ACCORDS.—The term ‘‘Dayton Ac8 cords’’ means the General Framework Agreement 

9 for Peace in Bosnia and Herzegovina, together with 

10 annexes relating thereto, done at Dayton, November 

11 10 through 16, 1995. 

12 USER FEES

13 SEC. 749. The Secretary of the Treasury shall in14 struct the United States Executive Director at each inter15 national financial institution (as defined in section 

16 1701(c)(2) of the International Financial Institutions Act) 

17 and the International Monetary Fund to oppose any loan, 

18 grant, strategy or policy of these institutions that would 

19 require user fees or service charges on poor people for pri20 mary education or primary healthcare, including preven21 tion, care and treatment for HIV/AIDS, malaria, tuber22 culosis, and infant, child, and maternal well-being, in con23 nection with the institutions’ financing programs. 

24 UNITED NATIONS POPULATION FUND

25 SEC. 750. (a) CONTRIBUTION.—Notwithstanding the 

26 fifth proviso under the heading ‘‘Global Health and Child 
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1 Survival’’ in this Act, $45,000,000 of the funds appro2 priated under the heading ‘‘International Organizations 

3 and Programs’’ shall be made available to the United Na4 tions Population Fund (UNFPA) only for the following 

5 purposes— 

6 (1) provide and distribute equipment, medicine, 

7 and supplies, including safe delivery kits and hygiene 

8 kits, to ensure safe childbirth and emergency obstet9 ric care; 

10 (2) make available supplies of contraceptives for 

11 the prevention of unintended pregnancies and the 

12 spread of sexually transmitted infections, including 

13 HIV/AIDS; 

14 (3) prevent and treat cases of obstetric fistula; 

15 (4) reestablish maternal health services in areas 

16 where medical infrastructure and such services have 

17 been destroyed or limited by natural disasters, 

18 armed conflict, or other factors; 

19 (5) promote the abandonment of harmful tradi20 tional practices, including female genital mutilation 

21 and cutting and child marriage; and 

22 (6) promote access of unaccompanied women 

23 and children to vital services, including water, sani24 tation facilities, food and health care. 

25 (b) PROHIBITION ON USE OF FUNDS IN CHINA.— 
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1 (1) None of the funds appropriated by this Act 

2 may be used by UNFPA for a country program in 

3 the People’s Republic of China. 

4 (2) If UNFPA plans to expend funds for a 

5 country program in the People’s Republic of China 

6 in fiscal year 2009, such amount shall be deducted 

7 from the funds made available to UNFPA. 

8 COMMUNITY-BASED POLICE ASSISTANCE

9 SEC. 751. (a) AUTHORITY.—Funds made available 

10 by title IV of this Act to carry out the provisions of chap11 ter 1 of part I and chapters 4 and 6 of part II of the 

12 Foreign Assistance Act of 1961, may be used, notwith13 standing section 660 of that Act, to enhance the effective14 ness and accountability of civilian police authority through 

15 training and technical assistance in human rights, the rule 

16 of law, anti-corruption, strategic planning, and through 

17 assistance to foster civilian police roles that support demo18 cratic governance including assistance for programs to 

19 prevent conflict, respond to disasters, address gender20 based violence, and foster improved police relations with 

21 the communities they serve. 

22 (b) NOTIFICATION.—Assistance provided under sub23 section (a) shall be subject to prior consultation with, and 

24 the regular notification procedures of, the Committees on 

25 Appropriations. 
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1 SPECIAL DEBT RELIEF FOR THE POOREST

2 SEC. 752. (a) AUTHORITY TO REDUCE DEBT.—The 

3 President may reduce amounts owed to the United States 

4 (or any agency of the United States) by an eligible country 

5 as a result of— 

6 (1) guarantees issued under sections 221 and 

7 222 of the Foreign Assistance Act of 1961; 

8 (2) credits extended or guarantees issued under 

9 the Arms Export Control Act; or 

10 (3) any obligation or portion of such obligation, 

11 to pay for purchases of United States agricultural 

12 commodities guaranteed by the Commodity Credit 

13 Corporation under export credit guarantee programs 

14 authorized pursuant to section 5(f) of the Com15 modity Credit Corporation Charter Act of June 29, 

16 1948, as amended, section 4(b) of the Food for 

17 Peace Act of 1966, as amended (Public Law 89– 

18 808), or section 202 of the Agricultural Trade Act 

19 of 1978, as amended (Public Law 95–501). 

20 (b) LIMITATIONS.— 

21 (1) The authority provided by subsection (a) 

22 may be exercised only to implement multilateral offi23 cial debt relief and referendum agreements, com24 monly referred to as ‘‘Paris Club Agreed Minutes’’. 
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1 (2) The authority provided by subsection (a) 

2 may be exercised only in such amounts or to such 

3 extent as is provided in advance by appropriations 

4 Acts. 

5 (3) The authority provided by subsection (a) 

6 may be exercised only with respect to countries with 

7 heavy debt burdens that are eligible to borrow from 

8 the International Development Association, but not 

9 from the International Bank for Reconstruction and 

10 Development, commonly referred to as ‘‘IDA-only’’ 

11 countries. 

12 (c) CONDITIONS.—The authority provided by sub13 section (a) may be exercised only with respect to a country 

14 whose government— 

15 (1) does not have an excessive level of military 

16 expenditures; 

17 (2) has not repeatedly provided support for acts 

18 of international terrorism; 

19 (3) is not failing to cooperate on international 

20 narcotics control matters; 

21 (4) (including its military or other security 

22 forces) does not engage in a consistent pattern of 

23 gross violations of internationally recognized human 

24 rights; and 
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1 (5) is not ineligible for assistance because of the 

2 application of section 527 of the Foreign Relations 

3 Authorization Act, Fiscal Years 1994 and 1995. 

4 (d) AVAILABILITY OF FUNDS.—The authority pro5 vided by subsection (a) may be used only with regard to 

6 the funds appropriated by this Act under the heading 

7 ‘‘Debt Restructuring’’. 

8 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re9 duction of debt pursuant to subsection (a) shall not be 

10 considered assistance for the purposes of any provision of 

11 law limiting assistance to a country. The authority pro12 vided by subsection (a) may be exercised notwithstanding 

13 section 620(r) of the Foreign Assistance Act of 1961 or 

14 section 321 of the International Development and Food 

15 Assistance Act of 1975. 

16 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

17 SEC. 753. (a) LOANS ELIGIBLE FOR SALE, REDUC18 TION, OR CANCELLATION.— 

19 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

20 CERTAIN LOANS.—Notwithstanding any other provi21 sion of law, the President may, in accordance with 

22 this section, sell to any eligible purchaser any 

23 concessional loan or portion thereof made before 

24 January 1, 1995, pursuant to the Foreign Assist25 ance Act of 1961, to the government of any eligible 

26 country as defined in section 702(6) of that Act or 
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1 on receipt of payment from an eligible purchaser, re2 duce or cancel such loan or portion thereof, only for 

3 the purpose of facilitating— 

4 (A) debt-for-equity swaps, debt-for-develop5 ment swaps, or debt-for-nature swaps; or 

6 (B) a debt buyback by an eligible country 

7 of its own qualified debt, only if the eligible 

8 country uses an additional amount of the local 

9 currency of the eligible country, equal to not 

10 less than 40 percent of the price paid for such 

11 debt by such eligible country, or the difference 

12 between the price paid for such debt and the 

13 face value of such debt, to support activities 

14 that link conservation and sustainable use of 

15 natural resources with local community develop16 ment, and child survival and other child devel17 opment, in a manner consistent with sections 

18 707 through 710 of the Foreign Assistance Act 

19 of 1961, if the sale, reduction, or cancellation 

20 would not contravene any term or condition of 

21 any prior agreement relating to such loan. 

22 (2) TERMS AND CONDITIONS.—Notwithstanding 

23 any other provision of law, the President shall, in ac24 cordance with this section, establish the terms and 
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1 conditions under which loans may be sold, reduced, 

2 or canceled pursuant to this section. 

3 (3) ADMINISTRATION.—The Facility, as defined 

4 in section 702(8) of the Foreign Assistance Act of 

5 1961, shall notify the administrator of the agency 

6 primarily responsible for administering part I of the 

7 Foreign Assistance Act of 1961 of purchasers that 

8 the President has determined to be eligible, and 

9 shall direct such agency to carry out the sale, reduc10 tion, or cancellation of a loan pursuant to this sec11 tion. Such agency shall make adjustment in its ac12 counts to reflect the sale, reduction, or cancellation. 

13 (4) LIMITATION.—The authorities of this sub14 section shall be available only to the extent that ap15 propriations for the cost of the modification, as de16 fined in section 502 of the Congressional Budget Act 

17 of 1974, are made in advance. 

18 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

19 sale, reduction, or cancellation of any loan sold, reduced, 

20 or canceled pursuant to this section shall be deposited in 

21 the United States Government account or accounts estab22 lished for the repayment of such loan. 

23 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

24 pursuant to subsection (a)(1)(A) only to a purchaser who 

25 presents plans satisfactory to the President for using the 
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1 loan for the purpose of engaging in debt-for-equity swaps, 

2 debt-for-development swaps, or debt-for-nature swaps. 

3 (d) DEBTOR CONSULTATIONS.—Before the sale to 

4 any eligible purchaser, or any reduction or cancellation 

5 pursuant to this section, of any loan made to an eligible 

6 country, the President should consult with the country 

7 concerning the amount of loans to be sold, reduced, or 

8 canceled and their uses for debt-for-equity swaps, debt9 for-development swaps, or debt-for-nature swaps. 

10 (e) AVAILABILITY OF FUNDS.—The authority pro11 vided by subsection (a) may be used only with regard to 

12 funds appropriated by this Act under the heading ‘‘Debt 

13 Restructuring’’. 

14 RECONCILIATION PROGRAMS

15 SEC. 754. Of the funds appropriated under the head16 ing ‘‘Economic Support Fund’’ in this Act, $25,000,000 

17 shall be made available for reconciliation programs which 

18 bring together individuals of different ethnic, religious and 

19 political backgrounds from areas of civil conflict and war, 

20 of which not more than $7,000,000 shall be made avail21 able for such programs in the Middle East: Provided, That 

22 the Administrator of the United States Agency for Inter23 national Development shall consult with the Committees 

24 on Appropriations, prior to the initial obligation of funds, 

25 on the most effective uses of such funds. 
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1 AFRICA

2 SEC. 755. (a) ETHIOPIA.— 

3 (1) Of the funds appropriated under the head4 ing ‘‘Foreign Military Financing Program’’ in this 

5 Act, not more than $1,000,000 may be made avail6 able for assistance for Ethiopia. 

7 (2) Not later than 90 days after enactment of 

8 this Act, the Secretary of State shall report in writ9 ing to the Committees on Appropriations detailing 

10 actions taken by the Government of Ethiopia to in11 vestigate and prosecute members of Ethiopian mili12 tary forces who have been credibly alleged to have 

13 violated human rights. 

14 (b) EXPANDED INTERNATIONAL MILITARY EDU15 CATION AND TRAINING.— 

16 (1) Funds appropriated under the heading 

17 ‘‘International Military Education and Training’’ in 

18 this Act that are made available for assistance for 

19 Angola, Cameroon, Central African Republic, Chad, 

20 Cote D’Ivoire, and Guinea may be made available 

21 only for expanded international military education 

22 and training. 

23 (2) None of the funds appropriated under the 

24 heading ‘‘International Military Education and 
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1 Training’’ in this Act may be made available for as2 sistance for Equatorial Guinea. 

3 (c) HORN OF AFRICA AND PAN SAHEL.—Of the 

4 funds appropriated under the heading ‘‘Economic Support 

5 Fund’’ in this Act, $15,000,000 shall be made available 

6 for programs and activities to counter extremism in the 

7 Horn of Africa and the Pan Sahel region of Africa, to 

8 be administered by the United States Agency for Inter9 national Development: Provided, That such funds are in 

10 addition to funds otherwise made available for such pur11 poses. 

12 (d) KENYA.—Of the funds appropriated under the 

13 heading ‘‘Foreign Military Financing Program’’ in this 

14 Act, $2,000,000 may be made available for assistance for 

15 Kenya. 

16 (e) KIMBERLEY PROCESS.—Of the funds appro17 priated under the heading ‘‘Economic Support Fund’’ in 

18 this Act, not less than $3,000,000 shall be made available 

19 to support implementation of the Kimberley Process Cer20 tification Scheme with an emphasis on regional efforts to 

21 combat cross-border smuggling and monitoring by civil so22 ciety groups. 

23 (f) NAMIBIA.—Of the funds appropriated under the 

24 heading ‘‘Economic Support Fund’’ in this Act, not less 
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1 than $2,000,000 shall be made available for democracy 

2 and governance programs for Namibia. 

3 (g) SIERRA LEONE.—Of the funds appropriated 

4 under the heading ‘‘Economic Support Fund’’ in this Act, 

5 $9,000,000 shall be made available for a United States 

6 contribution to the Special Court for Sierra Leone. 

7 (h) SUDAN.— 

8 (1) The terms and conditions of section 666 

9 (excluding subsection (f)) of the Department of 

10 State, Foreign Operations, and Related Programs 

11 Appropriations Act, 2008 (division J of Public Law 

12 110–161) shall apply to assistance for Sudan in this 

13 Act. 

14 (2) None of the funds appropriated under the 

15 heading ‘‘Foreign Military Financing Program’’ in 

16 this Act may be made available for assistance for 

17 Sudan, except in accordance with paragraph (1) of 

18 this subsection. 

19 (i) ZIMBABWE.— 

20 (1) The Secretary of the Treasury shall instruct 

21 the United States executive director to each inter22 national financial institution to vote against any ex23 tension by the respective institution of any loans to 

24 the Government of Zimbabwe, except to meet basic 

25 human needs or to promote democracy, unless the 
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1 Secretary of State reports in writing to the Commit2 tees on Appropriations that the rule of law has been 

3 restored in Zimbabwe, including respect for owner4 ship and title to property, freedom of speech and as5 sociation, and free and fair elections have been held 

6 and the results honored. 

7 (2) Funds appropriated under the heading 

8 ‘‘Global Health and Child Survival’’ in this Act 

9 should be made available for assistance for 

10 Zimbabwe if a political transition in Zimbabwe oc11 curs that the Secretary of State determines is in the 

12 interests and welfare of the people of Zimbabwe. 

13 (3) Of the funds appropriated under the head14 ing ‘‘Millennium Challenge Corporation’’ in this Act 

15 and prior acts making appropriations for foreign op16 erations, export financing, and related programs, up 

17 to $50,000,000 may be made available for assistance 

18 for Zimbabwe if a political transition occurs that the 

19 Secretary of State determines is in the interests and 

20 welfare of the people of Zimbabwe, subject to the 

21 regular notification procedures of the Committees on 

22 Appropriations. 

23 TRANSPARENCY AND ACCOUNTABILITY

24 SEC. 756. (a) UNITED NATIONS DEVELOPMENT

25 PROGRAM.—Ten percent of the funds appropriated by this 

26 Act under the heading ‘‘International Organizations and 
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1 Programs’’ for a United States contribution to the United 

2 Nations Development Program (UNDP) shall be withheld 

3 from disbursement until the Secretary of State reports to 

4 the Committees on Appropriations that UNDP is— 

5 (1) giving adequate access to information to the 

6 Department of State regarding UNDP’s programs 

7 and activities as requested; 

8 (2) conducting oversight of UNDP programs 

9 and activities globally; and 

10 (3) implementing a whistleblower protection 

11 policy equivalent to that recommended by the United 

12 Nations Secretary General on December 3, 2008. 

13 (b) WORLD BANK.—Ten percent of the funds appro14 priated by this Act under the heading ‘‘International De15 velopment Association’’ shall be withheld from disburse16 ment until the Secretary of the Treasury reports to the 

17 Committees on Appropriations that— 

18 (1) the World Bank has made publicly avail19 able, in an appropriate manner, financial disclosure 

20 forms of World Bank personnel who earned a rate 

21 of pay equal to or in excess of $111,676 for a period 

22 equal to or in excess of 60 days; 

23 (2) the World Bank has established a plan and 

24 maintains a schedule for conducting regular, inde25 pendent audits of internal management controls and 
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1 procedures for meeting operational objectives, and is 

2 making reports describing the scope and findings of 

3 such audits available to the public; and 

4 (3) the World Bank is adequately staffing and 

5 sufficiently funding the Department of Institutional 

6 Integrity. 

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 make pub11 licly available on an annual basis its national budget, 

12 to include income and expenditures. 

13 (2) The Secretary of State may waive require14 ments of paragraph (1) on a country-by-country 

15 basis if the Secretary reports to the Committees on 

16 Appropriations that to do so is important to the na17 tional interest of the United States. 

18 EXCESS DEFENSE ARTICLES

19 SEC. 757. Notwithstanding section 516(e) of the For20 eign Assistance Act of 1961 (22 U.S.C. 2321j(e)), during 

21 fiscal year 2009, funds available to the Department of De22 fense may be expended for crating, packing, handling, and 

23 transportation of excess defense articles transferred under 

24 the authority of section 516 of such Act to Albania, Af25 ghanistan, Bulgaria, Croatia, Estonia, Macedonia, Geor26 gia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia, Lith-
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1 uania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 

2 Tajikistan, Turkmenistan, and Ukraine. 

3 WESTERN HEMISPHERE

4 SEC. 758. (a) COLOMBIA.— 

5 (1) FUNDING AMOUNT.—Of the funds appro6 priated under titles III and IV of this Act, not more 

7 than $542,500,000 shall be available for assistance 

8 for Colombia. 

9 (2) ASSISTANCE FOR THE COLOMBIAN ARMED

10 FORCES.—Funds appropriated by this Act that are 

11 available for assistance for the Colombian Armed 

12 Forces, may be made available as follows: 

13 (A) Up to 70 percent of such funds may 

14 be obligated prior to the certification and report 

15 by the Secretary of State pursuant to subpara16 graph (B). 

17 (B) Up to 15 percent of such funds may 

18 be obligated only after the Secretary of State 

19 consults with, and subsequently certifies and 

20 submits a written report to, the Committees on 

21 Appropriations that— 

22 (i) The Commander General of the 

23 Colombian Armed Forces is suspending or 

24 placing on administrative duty, if re25 quested by the prosecutor, members of the 

26 Armed Forces who, according to the Min-
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1 ister of Defense, the Fiscal General or the 

2 Procuraduria General, have been credibly 

3 alleged to have violated human rights or to 

4 have aided or abetted paramilitary organi5 zations or successor armed groups. 

6 (ii) The Government of Colombia is 

7 investigating and prosecuting, in the civil8 ian justice system, members of the Colom9 bian Armed Forces who have been credibly 

10 alleged to have violated human rights or to 

11 have aided or abetted paramilitary organi12 zations or successor armed groups. 

13 (iii) The Colombian Armed Forces are 

14 cooperating fully with civilian prosecutors 

15 and judicial authorities in such cases (in16 cluding providing requested information, 

17 such as the identity of persons suspended 

18 from the Armed Forces and the cause of 

19 the suspension, and access to witnesses, 

20 relevant military documents, and other re21 quested information). 

22 (iv) The Colombian Armed Forces 

23 have severed links (including denying ac24 cess to military intelligence, vehicles, and 

25 other equipment or supplies, and ceasing 
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1 other forms of active or tacit cooperation) 

2 with paramilitary organizations or suc3 cessor armed groups, especially in regions 

4 where such organizations have a significant 

5 presence. 

6 (v) The Government of Colombia is 

7 dismantling paramilitary leadership and fi8 nancial networks by arresting and pros9 ecuting in the civilian justice system indi10 viduals who have provided financial, plan11 ning, or logistical support, or have other12 wise aided or abetted paramilitary organi13 zations or successor armed groups; by 

14 identifying and seizing land and other as15 sets illegally acquired by such organiza16 tions or their associates and returning 

17 such land or assets to their rightful occu18 pants or owners; by revoking reduced sen19 tences for demobilized paramilitaries who 

20 engage in new criminal activity; and by ar21 resting and prosecuting under civilian 

22 criminal law, and when requested, extra23 diting to the United States members of 

24 successor armed groups. 
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1 (vi) The Government of Colombia is 

2 ensuring that the Colombian Armed Forces 

3 are respecting the rights of Colombia’s in4 digenous and Afro-Colombian communities, 

5 and that the Colombian Armed Forces are 

6 implementing procedures to distinguish be7 tween civilians, including displaced per8 sons, and combatants in their operations. 

9 (C) After July 31, 2009, the balance of 

10 such funds may be obligated if, before such ob11 ligation, the Secretary of State consults with, 

12 and subsequently certifies and submits a writ13 ten report to the Committees on Appropriations 

14 that the Colombian Armed Forces are con15 tinuing to meet the requirements described in 

16 paragraph (B) and are conducting vigorous op17 erations to restore civilian government authority 

18 and respect for human rights in areas under 

19 the effective control of paramilitary organiza20 tions or successor armed groups and guerrilla 

21 organizations. 

22 (3) CERTAIN FUNDS EXEMPTED.—The require23 ment to withhold funds from obligation shall not 

24 apply with respect to funds made available under the 

25 heading ‘‘Andean Counterdrug Programs’’ in this 
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1 Act for continued support for the Critical Flight 

2 Safety Program or for any alternative development 

3 programs in Colombia administered by the Bureau 

4 of International Narcotics and Law Enforcement Af5 fairs, Department of State. 

6 (4) REPORT.—At the time the Secretary of 

7 State submits certifications pursuant to paragraphs 

8 (2)(B) and (C) of this subsection, the Secretary 

9 shall also submit to the Committees on Appropria10 tions a report that contains, with respect to each 

11 such paragraph, a detailed description of the specific 

12 actions taken by both the Colombian Government 

13 and Colombian Armed Forces which support each 

14 requirement of the certification, and the cases or 

15 issues brought to the attention of the Secretary, in16 cluding through the Department of State’s annual 

17 Country Reports on Human Rights Practices, for 

18 which the actions taken by the Colombian Govern19 ment or Armed Forces have been determined by the 

20 Secretary of State to be inadequate. 

21 (5) CONSULTATIVE PROCESS.—Not later than 

22 60 days after the date of enactment of this Act, and 

23 every 180 days thereafter, the Secretary of State 

24 shall consult with Colombian and internationally rec25 ognized human rights organizations regarding 
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1 progress in meeting the requirements contained in 

2 paragraph (2). 

3 (6) Of the funds appropriated under the head4 ing ‘‘Economic Support Fund’’ in this Act, not less 

5 than $199,000,000 shall be apportioned directly to 

6 the United States Agency for International Develop7 ment (USAID) for alternative development/institu8 tion building and sustainable development programs 

9 in Colombia and may be transferred to, and merged 

10 with, funds appropriated by this Act under the head11 ing ‘‘Development Assistance’’ to continue programs 

12 administered by USAID, which funds may be made 

13 available notwithstanding section 660 of the Foreign 

14 Assistance Act of 1961, of which not less than 

15 $45,000,000 shall be for assistance for internally 

16 displaced persons, and of which not more than 

17 $16,700,000 may be made available for demobiliza18 tion and reintegration of former combatants: Pro19 vided, That with respect to funds apportioned to 

20 USAID under this paragraph, the responsibility for 

21 policy decisions for the use of such funds, including 

22 which activities will be funded and the amount of 

23 funds that will be provided for each of those activi24 ties, shall be the responsibility of the USAID Ad25 ministrator in consultation with the Assistant Sec-
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1 retary of State for International Narcotics and Law 

2 Enforcement Affairs. 

3 (7) Of the funds appropriated under the head4 ing ‘‘International Narcotics Control and Law En5 forcement’’ in this Act, not more than $45,000,000 

6 may be made available for assistance for Colombia, 

7 of which $9,500,000 shall be for judicial reform pro8 grams, $8,000,000 shall be made available to 

9 USAID for human rights activities, $15,000,000 

10 shall be for the Office of the Fiscal General includ11 ing not less than $5,000,000 for the human rights 

12 unit and not less than $5,000,000 for the Justice 

13 and Peace Unit, and for witness protection for vic14 tims of armed groups and investigations of mass 

15 graves, $5,000,000 shall be for the Office of the 

16 Procuraduria General, and $750,000 shall be for a 

17 United States contribution to the Office of the 

18 United Nations High Commissioner for Human 

19 Rights in Colombia to support monitoring and public 

20 reporting of human rights conditions in the field. 

21 (8) Of the funds appropriated under the head22 ing ‘‘Andean Counterdrug Programs’’ in this Act, 

23 not more than $241,000,000 may be made available 

24 for assistance for Colombia: Provided, That funds 

25 made available for assistance for the Government of 
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1 Colombia in this Act may be used to support a uni2 fied campaign against narcotics trafficking and or3 ganizations designated as Foreign Terrorist Organi4 zations and successor organizations, and to take ac5 tions to protect human health and welfare in emer6 gency circumstances, including undertaking rescue 

7 operations: Provided further, That assistance made 

8 available previously for the Government of Colombia 

9 to protect the Cano-Limon pipeline may also be used 

10 for purposes for which funds are made available 

11 under the heading ‘‘Andean Counterdrug Programs’’ 

12 and this paragraph: Provided further, That no 

13 United States Armed Forces personnel or United 

14 States civilian contractor employed by the United 

15 States shall participate in any combat operation in 

16 connection with assistance made available by this 

17 Act for Colombia: Provided further, That rotary and 

18 fixed wing aircraft supported with funds appro19 priated under the heading ‘‘Andean Counterdrug 

20 Programs’’ for assistance for Colombia may be used 

21 for aerial or manual drug eradication and interdic22 tion including to transport personnel and supplies 

23 and to provide security for such operations, and to 

24 provide transport in support of alternative develop25 ment programs and investigations of cases under the 
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1 jurisdiction of the Fiscal General, the Procuraduria 

2 General, and the Defensoria del Pueblo: Provided 

3 further, That of the funds available for the Colom4 bian national police for the procurement of chemi5 cals for aerial coca and poppy eradication programs, 

6 not more than 20 percent of such funds may be 

7 made available for such eradication programs unless 

8 the Secretary of State certifies to the Committees on 

9 Appropriations that: (1) the herbicide is being used 

10 in accordance with EPA label requirements for com11 parable use in the United States and with Colom12 bian laws; and (2) the herbicide, in the manner it is 

13 being used, does not pose unreasonable risks or ad14 verse effects to humans or the environment (includ15 ing deforestation resulting from migration caused by 

16 such eradication, and harm to endemic species): Pro17 vided further, That such funds may not be made 

18 available unless the Secretary of State certifies to 

19 the Committees on Appropriations that complaints 

20 of harm to health or licit crops caused by such aerial 

21 eradication are thoroughly evaluated and fair com22 pensation is being paid in a timely manner for meri23 torious claims: Provided further, That the Secretary 

24 shall submit a report to the Committees on Appro25 priations detailing all claims, evaluations, and com-
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1 pensation paid during the 12 month period prior to 

2 the date of enactment of this Act: Provided further, 

3 That such funds may not be made available for such 

4 purposes unless the Secretary of State certifies to 

5 the Committees on Appropriations that programs 

6 are being implemented by USAID, the Government 

7 of Colombia, or other organizations, in consultation 

8 and coordination with local communities, to provide 

9 alternative sources of income in areas where security 

10 permits for small-acreage growers and communities 

11 whose illicit crops are targeted for aerial eradication: 

12 Provided further, That none of the funds appro13 priated by this Act for assistance for Colombia shall 

14 be made available for the cultivation or processing of 

15 African oil palm, if doing so would contribute to sig16 nificant loss of native species, disrupt or contami17 nate natural water sources, reduce local food secu18 rity, or cause the forced displacement of local people: 

19 Provided further, That funds appropriated by this 

20 Act may be used for aerial eradication in Colombia’s 

21 national parks or reserves only if the Secretary of 

22 State certifies to the Committees on Appropriations 

23 on a case-by-case basis that there are no effective al24 ternatives and the eradication is conducted in ac25 cordance with Colombian laws. 
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1 (9) Of the funds appropriated under the head2 ing ‘‘Foreign Military Financing Program’’ in this 

3 Act, not more than $53,000,000 may be made avail4 able for assistance for Colombia. 

5 (10) The terms and conditions of section 649(e) 

6 and (f) of the Department of State, Foreign Oper7 ations, and Related Programs Appropriations Act, 

8 2008 (division J of Public Law 110–161) shall apply 

9 to assistance for Colombia in this Act. 

10 (b) MEXICO.—Of the funds appropriated by this Act 

11 under the headings ‘‘International Narcotics Control and 

12 Law Enforcement’’ and ‘‘Economic Support Fund’’, not 

13 more than $300,000,000 may be made available for assist14 ance for Mexico, only to combat drug trafficking and re15 lated violence and organized crime, and for judicial re16 form, institution building, anti-corruption, and rule of law 

17 activities, of which not less than $35,000,000 shall be for 

18 judicial reform, institution building, anti-corruption, and 

19 rule of law activities. 

20 (1) ALLOCATION OF FUNDS.—Fifteen percent 

21 of the funds made available under this section for 

22 assistance for Mexico, not including assistance for 

23 judicial reform, institution building, anti-corruption, 

24 and rule of law activities, may not be obligated until 

25 the Secretary of State reports in writing to the Com-
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1 mittees on Appropriations that the Government of 

2 Mexico— 

3 (A) is continuing to improve the trans4 parency and accountability of Federal police 

5 forces and to work with State and municipal 

6 authorities to improve the transparency and ac7 countability of State and municipal police forces 

8 through mechanisms including police complaints 

9 commissions with authority and independence 

10 to receive complaints and carry out effective in11 vestigations; 

12 (B) is conducting regular consultations 

13 with Mexican human rights organizations and 

14 other relevant Mexican civil society organiza15 tions on recommendations for the implementa16 tion of the Merida Initiative in accordance with 

17 Mexican and international law; 

18 (C) is continuing to ensure that civilian 

19 prosecutors and judicial authorities are inves20 tigating and prosecuting, in accordance with 

21 Mexican and international law, members of the 

22 Federal police and military forces who have 

23 been credibly alleged to have violated human 

24 rights, and the Federal police and military 
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1 forces are fully cooperating with the investiga2 tions; and 

3 (D) is continuing to enforce the prohibi4 tion, in accordance with Mexican and inter5 national law, on the use of testimony obtained 

6 through torture or other ill-treatment. 

7 (2) REPORT.—The report required in para8 graph (1) shall include a description of actions taken 

9 with respect to each requirement and the cases or 

10 issues brought to the attention of the Secretary of 

11 State for which the response or action taken has 

12 been inadequate. 

13 (3) NOTIFICATION.—Funds made available for 

14 Mexico under this section shall be subject to the reg15 ular notification procedures of the Committees on 

16 Appropriations and section 634A of the Foreign As17 sistance Act of 1961 (22 U.S.C. 2394–1). 

18 (4) SPENDING PLAN.—Not later than 45 days 

19 after the date of enactment of this Act, the Sec20 retary of State shall submit to the Committees on 

21 Appropriations a detailed spending plan, developed 

22 after consulting with relevant Mexican Government 

23 authorities, for funds made available for Mexico 

24 under this section, with concrete goals, programs 

25 and activities to be funded, and anticipated results. 
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1 (5) ANALYSIS OF ALTERNATIVES.—Not less 

2 than 90 days prior to the obligation of funds for the 

3 procurement or lease of aircraft, the Director of the 

4 Defense Security Cooperation Agency, in consulta5 tion with the Secretary of State, shall submit to the 

6 Committees on Appropriations an Analysis of Alter7 natives for the acquisition of all aircraft for the 

8 Merida Initiative. 

9 (c) CENTRAL AMERICA, HAITI AND THE DOMINICAN

10 REPUBLIC.—Of the funds appropriated by this Act under 

11 the headings ‘‘International Narcotics Control and Law 

12 Enforcement’’ and ‘‘Economic Support Fund’’, 

13 $100,000,000 may be made available for assistance for the 

14 countries of Central America, Haiti and the Dominican 

15 Republic only to combat drug trafficking and related vio16 lence and organized crime, and for judicial reform, institu17 tion building, anti-corruption, and rule of law activities, 

18 of which not less than $35,000,000 shall be made available 

19 for judicial reform, institution building, anti-corruption, 

20 and rule of law activities: Provided, That of the funds ap21 propriated under the heading ‘‘Economic Support Fund’’ 

22 in this Act, $25,000,000 shall be made available for con23 tinued support for an Economic and Social Development 

24 Fund for Central America, of which $20,000,000 shall be 

25 made available through the United States Agency for 
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1 International Development and $5,000,000 shall be made 

2 available through the Department of State for educational 

3 exchange programs for students with high financial need: 

4 Provided further, That of the funds appropriated under 

5 the heading ‘‘International Narcotics Control and Law 

6 Enforcement’’ in this Act, $2,500,000 shall be made avail7 able for assistance for Haiti, $2,500,000 shall be made 

8 available for assistance for the Dominican Republic, 

9 $3,000,000 shall be made available for a United States 

10 contribution to the International Commission Against Im11 punity in Guatemala (CICIG), $2,000,000 shall be made 

12 available to improve the capacity of the Government of 

13 Guatemala to conduct forensic investigations, and 

14 $1,000,000 shall be made available for witness protection 

15 programs in Guatemala. 

16 (1) ALLOCATION OF FUNDS.—Fifteen percent 

17 of the funds made available under this section for 

18 assistance for the countries of Central America, 

19 Haiti and the Dominican Republic, not including as20 sistance for judicial reform, institution building, 

21 anti-corruption, and rule of law activities, may not 

22 be obligated until the Secretary of State reports in 

23 writing to the Committees on Appropriations that 

24 the government of such country— 
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1 (A) has police complaints commissions with 

2 authority and independence to receive com3 plaints and carry out effective investigations; 

4 (B) is continuing to implement reforms to 

5 improve the capacity and ensure the independ6 ence of the judiciary; and 

7 (C) is continuing to investigate and pros8 ecute members of the Federal police and mili9 tary forces who have been credibly alleged to 

10 have violated human rights. 

11 (2) REPORT.—The report required in para12 graph (1) shall include a description of actions taken 

13 with respect to each requirement and the cases or 

14 issues brought to the attention of the Secretary of 

15 State for which the response or action taken has 

16 been inadequate. 

17 (3) NOTIFICATION.—Funds made available for 

18 the countries of Central America, Haiti and the Do19 minican Republic under this section shall be subject 

20 to the regular notification procedures of the Com21 mittees on Appropriations and section 634A of the 

22 Foreign Assistance Act of 1961 (22 U.S.C. 2394–1). 

23 (4) SPENDING PLAN.—Not later than 45 days 

24 after the date of enactment of this Act, the Sec25 retary of State shall submit to the Committees on 
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1 Appropriations a detailed spending plan, developed 

2 after consulting with relevant Central American, 

3 Haitian and Dominican Republic authorities, with 

4 concrete goals, programs and activities to be funded, 

5 and anticipated results. 

6 (5) DEFINITION.—For the purposes of this sec7 tion, the term ‘‘countries of Central America’’ means 

8 Belize, Costa Rica, El Salvador, Guatemala, Hon9 duras, Nicaragua, and Panama. 

10 (d) HAITI.—The Government of Haiti shall be eligi11 ble to purchase defense articles and services under the 

12 Arms Export Control Act (22 U.S.C. 2751 et seq.), for 

13 the Coast Guard. 

14 (e) DOMINICAN REPUBLIC.—Of the funds appro15 priated by this Act under the headings ‘‘Global Health and 

16 Child Survival’’ and ‘‘Development Assistance’’ that are 

17 available for assistance for the Dominican Republic, not 

18 less than $5,000,000 shall be made available for basic 

19 health care, nutrition, sanitation, education, and shelter 

20 for migrant workers and other residents of batey commu21 nities. 

22 (f) GUATEMALA.— 

23 (1) Funds appropriated by this Act under the 

24 heading ‘‘International Military Education and 

25 Training’’ (IMET) that are available for assistance 
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1 for Guatemala, other than for expanded IMET, may 

2 be made available only for the Guatemalan Air 

3 Force, Navy and Army Corps of Engineers: Pro4 vided, That assistance for the Guatemalan Army 

5 Corps of Engineers shall only be available for train6 ing to improve disaster response capabilities and to 

7 participate in international peacekeeping operations: 

8 Provided further, That such funds may be made 

9 available only if the Secretary of State certifies that 

10 the Guatemalan Armed Forces are respecting human 

11 rights and are cooperating with civilian judicial in12 vestigations and prosecutions of current and retired 

13 military personnel who have been credibly alleged to 

14 have committed violations of human rights, and with 

15 the CICIG by granting access to CICIG personnel, 

16 providing evidence to CICIG, and allowing witness 

17 testimony. 

18 (2) Of the funds appropriated by this Act under 

19 the heading ‘‘Foreign Military Financing Program’’, 

20 not more than $500,000 may be made available for 

21 the Guatemalan Air Force and Navy: Provided, That 

22 such funds may be made available only if the Sec23 retary of State certifies that the Guatemalan Armed 

24 Forces are respecting human rights and are cooper25 ating with civilian judicial investigations and pros-
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1 ecutions of current and retired military personnel 

2 who have been credibly alleged to have committed 

3 violations of human rights, including protecting and 

4 providing to the Attorney General’s office all mili5 tary archives pertaining to the internal armed con6 flict, and the Guatemalan Armed Forces are cooper7 ating with the CICIG by granting access to CICIG 

8 personnel, providing evidence to CICIG, and allow9 ing witness testimony. 

10 (g) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

11 The costs of operations and maintenance, including fuel, 

12 of aircraft funded by this Act that are made available pur13 suant to this section shall be borne by the recipient coun14 try. 

15 ENERGY AND ENVIRONMENT PROGRAMS

16 SEC. 759. (a) ENERGY.—Of the funds appropriated 

17 by this Act, $100,000,000 shall be made available to the 

18 United States Agency for International Development, in 

19 addition to funds otherwise made available for such pur20 poses, for programs and activities which directly support 

21 zero-carbon renewable technologies and energy efficient 

22 end-use technologies, including solar-thermal, wind, geo23 thermal, and small hydro, particularly in areas where ac24 cess to energy is limited. 

25 (b) BIODIVERSITY PROTECTION.—Of the funds ap26 propriated under the heading ‘‘Development Assistance’’ 
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1 in this Act, not less than $200,000,000 shall be made 

2 available for programs and activities which directly protect 

3 biodiversity, with an emphasis on protecting tropical for4 ests, in developing countries, of which not less than 

5 $25,000,000 shall be made available for the United States 

6 Agency for International Development’s Amazon Basin 

7 Conservation Initiative: Provided, That of the funds made 

8 available under this paragraph, not less than $17,500,000 

9 shall be made available for the Congo Basin Forest Part10 nership of which not less than $2,500,000 shall be made 

11 available to the United States Fish and Wildlife Service 

12 for conservation programs in Africa. 

13 (c)(1) EXTRACTION OF NATURAL RESOURCES.—The 

14 Secretary of the Treasury shall inform the managements 

15 of the international financial institutions and the public 

16 that it is the policy of the United States to oppose any 

17 assistance by such institutions (including but not limited 

18 to any loan, credit, grant, or guarantee) for the extraction 

19 and export of oil, gas, coal, timber, or other natural re20 source unless the government of the country has in place 

21 functioning systems for: (i) accurately accounting for pay22 ments for companies involved in the extraction and export 

23 of natural resources; (ii) the independent auditing of ac24 counts receiving such payments and the widespread public 

25 dissemination of the findings of such audits; and (iii) 
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1 verifying government receipts against company payments 

2 including widespread dissemination of such payment infor3 mation, and disclosing such documents as Host Govern4 ment Agreements, Concession Agreements, and bidding 

5 documents, allowing in any such dissemination or disclo6 sure for the redaction of, or exceptions for, information 

7 that is commercially proprietary or that would create com8 petitive disadvantage. 

9 (2) Not later than 180 days after the enactment of 

10 this Act, the Secretary of the Treasury shall submit a re11 port to the Committees on Appropriations describing, for 

12 each international financial institution, the amount and 

13 type of assistance provided, by country, for the extraction 

14 and export of oil, gas, coal, timber, or other natural re15 sources in the preceeding 12 months, and whether each 

16 institution considered, in its proposal for such assistance, 

17 the extent to which the country has functioning systems 

18 described in paragraph (1). 

19 (3) Of the funds appropriated under the heading 

20 ‘‘Economic Support Fund’’ in this Act, not less than 

21 $3,000,000 shall be made available for a United States 

22 contribution to the Extractive Industries Transparency 

23 Initiative Trust Fund. 

24 DEVELOPMENT GRANTS PROGRAM

25 SEC. 760. Of the funds appropriated by this Act to 

26 carry out chapter 1 of part I and chapter 4 of part II 
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1 of the Foreign Assistance Act of 1961, not less than 

2 $50,000,000 shall be made available for the Development 

3 Grants Program established pursuant to section 674 of 

4 the Department of State, Foreign Operations, and Related 

5 Programs Appropriations Act (division J of Public Law 

6 110–161): Provided, That not more than 50 percent of 

7 this amount shall be derived from funds appropriated to 

8 carry out chapter 1 of part I of such Act: Provided further, 

9 That funds made available under this section are in addi10 tion to other funds available for such purposes including 

11 funds designated by this Act by section 754. 

12 USAID MANAGEMENT

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 761. (a) AUTHORITY.—Up to $95,000,000 of 

15 the funds made available in title III of this Act to carry 

16 out the provisions of part I of the Foreign Assistance Act 

17 of 1961, including funds appropriated under the heading 

18 ‘‘Assistance for Europe, Eurasia and Central Asia’’, may 

19 be used by the United States Agency for International De20 velopment (USAID) to hire and employ individuals in the 

21 United States and overseas on a limited appointment basis 

22 pursuant to the authority of sections 308 and 309 of the 

23 Foreign Service Act of 1980. 

24 (b) RESTRICTIONS.— 
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1 (1) The number of individuals hired in any fis2 cal year pursuant to the authority contained in sub3 section (a) may not exceed 75. 

4 (2) The authority to hire individuals contained 

5 in subsection (a) shall expire on September 30, 

6 2010. 

7 (c) CONDITIONS.—The authority of subsection (a) 

8 may only be used to the extent that an equivalent number 

9 of positions that are filled by personal services contractors 

10 or other non-direct hire employees of USAID, who are 

11 compensated with funds appropriated to carry out part I 

12 of the Foreign Assistance Act of 1961, including funds 

13 appropriated under the heading ‘‘Assistance for Europe, 

14 Eurasia and Central Asia’’, are eliminated. 

15 (d) PRIORITY SECTORS.—In exercising the authority 

16 of this section, primary emphasis shall be placed on ena17 bling USAID to meet personnel positions in technical skill 

18 areas currently encumbered by contractor or other non19 direct hire personnel. 

20 (e) CONSULTATIONS.—The USAID Administrator 

21 shall consult with the Committees on Appropriations at 

22 least on a quarterly basis concerning the implementation 

23 of this section. 

24 (f) PROGRAM ACCOUNT CHARGED.—The account 

25 charged for the cost of an individual hired and employed 
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1 under the authority of this section shall be the account 

2 to which such individual’s responsibilities primarily relate. 

3 Funds made available to carry out this section may be 

4 transferred to, and merged with, funds appropriated by 

5 this Act under the heading ‘‘Operating Expenses of the 

6 United States Agency for International Development’’. 

7 (g) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi8 viduals hired and employed by USAID, with funds made 

9 available in this Act or prior Acts making appropriations 

10 for foreign operations, export financing, and related pro11 grams, pursuant to the authority of section 309 of the 

12 Foreign Service Act of 1980, may be extended for a period 

13 of up to 5 years notwithstanding the limitation set forth 

14 in such section. 

15 (h) JUNIOR OFFICER PLACEMENT AUTHORITY.—Of 

16 the funds made available in subsection (a), USAID may 

17 use, in addition to funds otherwise available for such pur18 poses, up to $15,000,000 to fund overseas support costs 

19 of members of the Foreign Service with a Foreign Service 

20 rank of four or below: Provided, That such authority is 

21 only used to reduce USAID’s reliance on overseas personal 

22 services contractors or other non-direct hire employees 

23 compensated with funds appropriated to carry out part I 

24 of the Foreign Assistance Act of 1961, including funds 
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1 appropriated under the heading ‘‘Assistance for Europe 

2 and Eurasia’’. 

3 (i) DISASTER SURGE CAPACITY.—Funds appro4 priated under title III of this Act to carry out part I of 

5 the Foreign Assistance Act of 1961, including funds ap6 propriated under the heading ‘‘Assistance for Europe, 

7 Eurasia, and Central Asia’’, may be used, in addition to 

8 funds otherwise available for such purposes, for the cost 

9 (including the support costs) of individuals detailed to or 

10 employed by USAID whose primary responsibility is to 

11 carry out programs in response to natural disasters. 

12 OPIC TRANSFER AUTHORITY

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 762. Whenever the President determines that 

15 it is in furtherance of the purposes of the Foreign Assist16 ance Act of 1961, up to a total of $20,000,000 of the 

17 funds appropriated under title III of this Act may be 

18 transferred to and merged with funds appropriated by this 

19 Act for the Overseas Private Investment Corporation Pro20 gram Account, to be subject to the terms and conditions 

21 of that account: Provided, That such funds shall not be 

22 available for administrative expenses of the Overseas Pri23 vate Investment Corporation: Provided further, That des24 ignated funding levels in this Act shall not be transferred 

25 pursuant to this section: Provided further, That the exer-
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1 cise of such authority shall be subject to the regular notifi2 cation procedures of the Committees on Appropriations. 

3 REPORTING REQUIREMENT

4 SEC. 763. The Secretary of State shall provide the 

5 Committees on Appropriations, not later than April 1, 

6 2009, and for each fiscal quarter, a report in writing on 

7 the uses of funds made available under the headings ‘‘For8 eign Military Financing Program’’, ‘‘International Mili9 tary Education and Training’’, and ‘‘Peacekeeping Oper10 ations’’: Provided, That such report shall include a de11 scription of the obligation and expenditure of funds, and 

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

13 of the assistance provided by such funds. 

14 INHUMANE INTERNATIONAL PRISON CONDITIONS

15 SEC. 764. (a) Funds appropriated by this Act to 

16 carry out the provisions of chapters 1 and 11 of part I 

17 and chapter 4 of part II of the Foreign Assistance Act 

18 of 1961, and the Support for East European Democracy 

19 (SEED) Act of 1989, shall be made available for assist20 ance to help eliminate inhumane prison conditions in coun21 tries whose governments do not comply with minimum 

22 standards for international prison conditions but are mak23 ing efforts to comply, notwithstanding any other provision 

24 of law and subject to the regular notification procedures 

25 of the Committees on Appropriations. 
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1 (b) Within 180 days after the date of enactment of 

2 this Act, the Secretary of State shall submit to the Com3 mittees on Appropriations a report describing the prison 

4 conditions of countries whose governments receive assist5 ance under this Act and prior Acts making appropriations 

6 for foreign operations, export financing and related pro7 gram, and identifying those governments which do not 

8 meet minimum standards for international prison condi9 tions but are making significant efforts to comply, and 

10 those governments that do not meet such standards and 

11 are not making significant efforts to comply, and the spe12 cific standards such governments are failing to meet: Pro13 vided, That such report shall be made available to the pub14 lic, including on the Department of State website. 

15 (c) For the purposes of this section, ‘‘minimum 

16 standards for international prison conditions’’ shall 

17 mean— 

18 (1) The number of prisoners held in a facility 

19 does not so exceed prison capacity such that per 

20 capita floor space is sufficient to allow for humane 

21 sleeping conditions and reasonable physical move22 ment. 

23 (2) Human waste facilities are located sepa24 rately from the prison population at large, and 
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1 human waste is disposed of regularly in a sanitary 

2 manner. 

3 (3) The lighting, ventilation, temperature and 

4 physical construction of prison facilities do not en5 danger the health and safety of the prisoners. 

6 (4) Prisoners have access to adequate food and 

7 drinking water. 

8 (5) Prisoners have access to basic and emer9 gency medical care. 

10 (6) Prisoners are allowed reasonable contact 

11 with family members and others and, to the max12 imum extent practicable, permitted religious observ13 ance. 

14 (7) The government permits prisoners to sub15 mit complaints to judicial authorities and inves16 tigates credible allegations of inhumane prison con17 ditions. 

18 (d) STAFFING.—Of the funds appropriated by this 

19 Act under the heading ‘‘Diplomatic and Consular Pro20 grams’’, funds shall be made available to the Bureau of 

21 Democracy, Human Rights and Labor for a Deputy As22 sistant Secretary level position which shall have primary 

23 responsibility for implementing this section. 

24 IRAQ

25 SEC. 765. (a) MATCHING REQUIREMENT.—The 

26 terms and conditions of section 1402(e)(1) and (2) of Pub-
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1 lic Law 110–252 shall apply to assistance for Iraq in this 

2 Act. 

3 (b) CERTIFICATION AND REPORTS.— 

4 (1) The Secretary of State shall certify to the 

5 Committees on Appropriations, prior to the initial 

6 obligation of funds made available for assistance for 

7 Iraq in this Act, that the Government of Iraq has 

8 committed to obligate matching funds on a dollar9 for-dollar basis. The Secretary shall submit a report 

10 to the Committees on Appropriations not later than 

11 September 30, 2009 and 180 days thereafter, detail12 ing the amounts of funds obligated and expended by 

13 the Government of Iraq to meet the requirements of 

14 this section. 

15 (2) Not later than 90 days after enactment of 

16 this Act and consistent with section 1402(e)(4) of 

17 Public Law 110–252, the Secretary of State shall 

18 submit a report to the Committees on Appropria19 tions detailing the amount of funds the Government 

20 of Iraq plans to provide in fiscal year 2009 to orga21 nizations and programs for the purpose of assisting 

22 Iraqi refugees, on a dollar-for-dollar matching basis 

23 with United States contributions. 

24 (3) Not later than 180 days after enactment of 

25 this Act, the Secretary of State, in consultation with 
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1 relevant United States Government agencies, shall 

2 submit to the Committees on Appropriations a re3 port, in classified form if necessary, that details the 

4 plans, costs and timelines associated with the transi5 tion of programs and activities funded under titles 

6 II through VI of this Act and prior Acts making ap7 propriations for the Department of State, foreign 

8 operations, and related programs to the Government 

9 of Iraq. 

10 UZBEKISTAN

11 SEC. 766. (a) Funds appropriated by this Act may 

12 be made available for assistance for the central Govern13 ment of Uzbekistan if the Secretary of State determines 

14 and reports to the Committees on Appropriations that the 

15 Government of Uzbekistan is making substantial and con16 tinuing progress— 

17 (1) in meeting its commitments under the 

18 ‘‘Declaration on the Strategic Partnership and Co19 operation Framework Between the Republic of 

20 Uzbekistan and the United States of America’’, in21 cluding respect for human rights, establishing a gen22 uine multi-party system, and ensuring free and fair 

23 elections, freedom of expression, and the independ24 ence of the media; and 
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1 (2) in investigating and prosecuting the individ2 uals responsible for the deliberate killings of civilians 

3 in Andijan in May 2005. 

4 (b) If the Secretary of State has credible evidence 

5 that any current or former official of the Government of 

6 Uzbekistan was responsible for the deliberate killings of 

7 civilians in Andijan in May 2005, or for other gross viola8 tions of human rights in Uzbekistan, not later than 6 

9 months after enactment of this Act any person identified 

10 by the Secretary pursuant to this subsection shall be ineli11 gible for admission to the United States. 

12 (c) The restriction in subsection (b) shall cease to 

13 apply if the Secretary determines and reports to the Com14 mittees on Appropriations that the Government of 

15 Uzbekistan has taken concrete and measurable steps to 

16 improve respect for human rights, including allowing 

17 peaceful political and religious expression, releasing im18 prisoned human rights defenders, and implementing rec19 ommendations made by the United Nations on torture. 

20 (d) The Secretary may waive the application of sub21 section (b) if the Secretary determines that admission to 

22 the United States is necessary to attend the United Na23 tions or to further United States law enforcement objec24 tives. 
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1 (e) For the purpose of this section ‘‘assistance’’ shall 

2 include excess defense articles. 

3 UNITED NATIONS HUMAN RIGHTS COUNCIL

4 SEC. 767. (a) None of the funds appropriated by this 

5 Act may be made available for a United States contribu6 tion to the United Nations Human Rights Council. 

7 (b) The prohibition under subsection (a) shall not 

8 apply if— 

9 (1) the Secretary of State certifies to the Com10 mittees on Appropriations that the provision of 

11 funds to support the United Nations Human Rights 

12 Council is in the national interest of the United 

13 States; or 

14 (2) the United States is a member of the 

15 Human Rights Council. 

16 ATTENDANCE AT INTERNATIONAL CONFERENCES

17 SEC. 768. None of the funds made available in this 

18 Act may be used to send or otherwise pay for the attend19 ance of more than 35 employees of agencies or depart20 ments of the United States Government who are stationed 

21 in the United States, at any single international con22 ference occurring outside the United States, unless the 

23 Secretary of State reports to the Committees on Appro24 priations that such attendance is in the national interest: 

25 Provided, That for purposes of this section the term 

26 ‘‘international conference’’ shall mean a conference at-
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1 tended by employees of the United States Government and 

2 employees of foreign governments, international organiza3 tions, or nongovernmental organizations. 

4 CENTRAL ASIA

5 SEC. 769. (a) Funds appropriated by this Act may 

6 be made available for assistance for the Government of 

7 Kazakhstan if the Secretary of State reports to the Com8 mittees on Appropriations that the Government of 

9 Kazakhstan has made significant improvements in the 

10 protection of human rights and civil liberties during the 

11 preceding 6 month period, including by fulfilling obliga12 tions recommended by the Organization for Security and 

13 Cooperation in Europe (OSCE) in the areas of election 

14 procedures, media freedom, freedom of religion, free as15 sembly and minority rights, and by meeting the commit16 ments it made in connection with its assumption of the 

17 Chairmanship of the OSCE in 2010. 

18 (b) The Secretary of State may waive subsection (a) 

19 if the Secretary determines and reports to the Committees 

20 on Appropriations that such a waiver is important to the 

21 national security of the United States. 

22 (c) Not later than October 1, 2009, the Secretary of 

23 State shall submit a report to the Committees on Appro24 priations and the Committee on Foreign Relations of the 

25 Senate and the Committee on Foreign Affairs of the 

26 House of Representatives describing the following: 
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1 (1) The defense articles, defense services, and 

2 financial assistance provided by the United States to 

3 the countries of Central Asia during the 12-month 

4 period ending 30 days prior to submission of such 

5 report. 

6 (2) The use during such period of defense arti7 cles, defense services, and financial assistance pro8 vided by the United States by units of the armed 

9 forces, border guards, or other security forces of 

10 such countries. 

11 (d) For purposes of this section, the term ‘‘countries 

12 of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz 

13 Republic, Tajikistan, and Turkmenistan. 

14 DISABILITY PROGRAMS

15 SEC. 770. (a) Of the funds appropriated by this Act 

16 under the heading ‘‘Economic Support Fund’’, not less 

17 than $4,000,000 shall be made available for programs and 

18 activities administered by the United States Agency for 

19 International Development (USAID) to address the needs 

20 and protect the rights of people with disabilities in devel21 oping countries, to be allocated as follows— 

22 (1) $1,500,000 shall be for programs to make 

23 publicly available information on independent living, 

24 advocacy, education, and transportation for people 

25 with disabilities and disability advocacy organiza-
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1 tions in developing countries, including for the cost 

2 of translation; and 

3 (2) $2,500,000 shall be made available for pro4 grams and activities administered by USAID to ad5 dress the needs and protect the rights of people with 

6 disabilities in developing countries. 

7 (b) Funds appropriated under the heading ‘‘Oper8 ating Expenses of the United States Agency for Inter9 national Development’’ in this Act shall be made available 

10 to develop and implement training for staff in overseas 

11 USAID missions to promote the full inclusion and equal 

12 participation of people with disabilities in developing coun13 tries. 

14 (c) The Secretary of State, the Secretary of the 

15 Treasury, and the USAID Administrator shall seek to en16 sure that, where appropriate, construction projects funded 

17 by this Act are accessible to people with disabilities and 

18 in compliance with the USAID Policy on Standards for 

19 Accessibility for the Disabled, or other similar accessibility 

20 standards. 

21 (d) Of the funds made available pursuant to sub22 section (a), not more than 7 percent may be for manage23 ment, oversight and technical support. 

24 ORPHANS, DISPLACED AND ABANDONED CHILDREN

25 SEC. 771. Of the funds appropriated under title III 

26 of this Act, $3,000,000 should be made available for ac-
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1 tivities to improve the capacity of foreign government 

2 agencies and nongovernmental organizations to prevent 

3 child abandonment, address the needs of orphans, dis4 placed and abandoned children and provide permanent 

5 homes through family reunification, guardianship and do6 mestic adoptions: Provided, That funds made available 

7 under title III of this Act should be made available, as 

8 appropriate, consistent with— 

9 (1) the goal of enabling children to remain in 

10 the care of their family of origin, but when not pos11 sible, placing children in permanent homes through 

12 adoption; 

13 (2) the principle that such placements should be 

14 based on informed consent which has not been in15 duced by payment or compensation; 

16 (3) the view that long-term foster care or insti17 tutionalization are not permanent options and 

18 should be used when no other suitable permanent 

19 options are available; and 

20 (4) the recognition that programs that protect 

21 and support families can reduce the abandonment 

22 and exploitation of children. 

23 CHILD SOLDIERS

24 SEC. 772. (a) None of the funds appropriated or oth25 erwise made available for foreign military financing, for26 eign military sales, direct commercial sales, or excess De-
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1 fense articles by this Act or any other Act making appro2 priations for foreign operations, export financing, and re3 lated programs may be obligated or otherwise made avail4 able to the government of a country that is identified by 

5 the Department of State in the Department of State’s 

6 most recent Country Reports on Human Rights Practices 

7 as having governmental armed forces or government sup8 ported armed groups, including paramilitaries, militias, or 

9 civil defense forces, that recruit or use child soldiers. 

10 (b) The Secretary of State may provide assistance or 

11 defense articles otherwise prohibited under subsection (a) 

12 to a country upon certifying to the Committees on Appro13 priations that the government of such country has imple14 mented effective measures to demobilize children from its 

15 forces or from government-supported armed groups and 

16 prohibit and prevent the future recruitment or use of child 

17 soldiers. 

18 (c) The Secretary of State may waive the application 

19 of the prohibition in subsection (a) on a country-by-coun20 try basis if the Secretary determines and reports to the 

21 Committees on Appropriations that such waiver is impor22 tant to the national interest of the United States. 

23 SERBIA

24 SEC. 773. (a) Funds appropriated by this Act may 

25 be made available for assistance for the central Govern26 ment of Serbia after May 31, 2009, if the President has 
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1 made the determination and certification contained in sub2 section (c). 

3 (b) After May 31, 2009, the Secretary of the Treas4 ury should instruct the United States executive directors 

5 to the international financial institutions to support loans 

6 and assistance to the Government of Serbia subject to the 

7 conditions in subsection (c). 

8 (c) The determination and certification referred to in 

9 subsection (a) is a determination and a certification by 

10 the President to the Committees on Appropriations that 

11 the Government of Serbia is— 

12 (1) cooperating with the International Criminal 

13 Tribunal for the former Yugoslavia including access 

14 for investigators, the provision of documents, timely 

15 information on the location, movement, and sources 

16 of financial support of indictees, and the surrender 

17 and transfer of indictees or assistance in their ap18 prehension, including Ratko Mladic and Radovan 

19 Karadzic; 

20 (2) taking steps that are consistent with the 

21 Dayton Accords to end Serbian financial, political, 

22 security and other support which has served to 

23 maintain separate Republika Srpska institutions; 

24 and 
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1 (3) taking steps to implement policies which re2 flect a respect for minority rights and the rule of 

3 law. 

4 (d) This section shall not apply to Kosovo, humani5 tarian assistance or assistance to promote democracy. 

6 PHILIPPINES

7 SEC. 774. Of the funds appropriated by this Act 

8 under the heading ‘‘Foreign Military Financing Pro9 gram’’, not to exceed $30,000,000 may be made available 

10 for assistance for the Philippines, of which $2,000,000 

11 may not be obligated until the Secretary of State reports 

12 in writing to the Committees on Appropriations that— 

13 (1) the Government of the Philippines is imple14 menting the recommendations of the United Nations 

15 Special Rapporteur on Extrajudicial, Summary or 

16 Arbitrary Executions; 

17 (2) the Government of the Philippines is imple18 menting a policy of promoting military personnel 

19 who demonstrate professionalism and respect for 

20 human rights, and is investigating and prosecuting 

21 military personnel and others who have been credibly 

22 alleged to have violated human rights; and 

23 (3) the Philippine Armed Forces is not engag24 ing in acts of intimidation or violence against mem25 bers of legal organizations who advocate for human 

26 rights. 
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1 PAKISTAN

2 SEC. 775. (a) Of the funds appropriated by this Act 

3 under the heading ‘‘Foreign Military Financing Pro4 gram’’, up to $300,000,000 may be made available for as5 sistance for Pakistan for counterterrorism and law en6 forcement activities directed against the Taliban and al 

7 Qaeda and associated terrorist groups, as follows— 

8 (b) Of the amount provided in subsection (a), 

9 $50,000,000 may not be obligated until the Secretary of 

10 State reports in writing to the Committees on Appropria11 tions that the Government of Pakistan— 

12 (1) is making concerted efforts to prevent the 

13 Taliban, al Qaeda and associated terrorist groups 

14 from operating in the territory of Pakistan, includ15 ing by eliminating terrorist training camps or facili16 ties, arresting Taliban leaders and members of al 

17 Qaeda and associated terrorist groups, stopping 

18 cross-border incursions, and countering recruitment 

19 efforts; and 

20 (2) has restored an independent judiciary. 

21 (c) Funds appropriated by this Act that are made 

22 available for assistance for Pakistan shall be subject to 

23 the regular notification procedures of the Committees on 

24 Appropriations. 
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1 SRI LANKA

2 SEC. 776. (a) None of the funds appropriated by this 

3 Act under the heading ‘‘Foreign Military Financing Pro4 gram’’ may be made available for assistance for Sri 

5 Lanka, no defense export license may be issued, and no 

6 military equipment or technology shall be sold or trans7 ferred to Sri Lanka pursuant to the authorities contained 

8 in this Act or any other Act, until the Secretary of State 

9 certifies to the Committee on Appropriations that— 

10 (1) the Sri Lankan military is suspending and 

11 the Government of Sri Lanka is bringing to justice 

12 members of the military who have been credibly al13 leged to have violated human rights or international 

14 humanitarian law, including complicity in the re15 cruitment of child soldiers; 

16 (2) the Government of Sri Lanka is providing 

17 access to humanitarian organizations and journalists 

18 throughout the country consistent with international 

19 humanitarian law; and 

20 (3) the Government of Sri Lanka has agreed to 

21 the establishment of a field presence of the Office of 

22 the United Nations High Commissioner for Human 

23 Rights in Sri Lanka with sufficient staff and man24 date to conduct full and unfettered monitoring 

25 throughout the country and to publicize its findings. 
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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 air surveillance. 

4 MILLENNIUM CHALLENGE CORPORATION

5 SEC. 777. (a) The Chief Executive Officer of the Mil6 lennium Challenge Corporation shall, not later than 30 

7 days following enactment of this Act, submit to the Com8 mittees on Appropriations a report on the proposed uses, 

9 on a country-by-country basis, of all funds appropriated 

10 under the heading ‘‘Millennium Challenge Corporation’’ in 

11 this Act or prior Acts making appropriations for foreign 

12 operations, export financing, and related programs pro13 jected to be obligated and expended in fiscal year 2009 

14 and subsequent fiscal years. 

15 (b) The report required in paragraph (a) shall in16 clude, at a minimum, a description of— 

17 (1) compacts in development, including the sta18 tus of negotiations and the approximate range of 

19 value of the proposed compact; 

20 (2) compacts in implementation, including the 

21 projected expenditure and disbursement of compact 

22 funds during fiscal year 2009 and subsequent fiscal 

23 years as determined by the country compact; 

24 (3) threshold country programs in development, 

25 including the approximate range of value of the 

26 threshold country agreement; 
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1 (4) threshold country programs in implementa2 tion; and 

3 (5) use of administrative funds. 

4 (c) The Chief Executive Officer of the Millennium 

5 Challenge Corporation shall notify the Committees on Ap6 propriations not later than 15 days prior to signing any 

7 new country compact or new threshold country program; 

8 terminating or suspending any country compact or thresh9 old country program; or commencing negotiations for any 

10 new compact or threshold country program. 

11 (d) The report required in paragraph (a) shall be up12 dated on a quarterly basis. 

13 (e) Funds appropriated by this Act under the heading 

14 ‘‘Millennium Challenge Corporation’’ may be transferred 

15 to, and merged with, funds made available under the head16 ings ‘‘Diplomatic and Consular Programs’’ and ‘‘Embassy 

17 Security, Construction, and Maintenance’’, to offset costs 

18 associated with the placement of personnel and the addi19 tional security requirements of such personnel as a result 

20 of the programs and activities of the Millennium Challenge 

21 Corporation at United States missions abroad, subject to 

22 the regular notification procedures of the Committees on 

23 Appropriations. 
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1 REMOVAL OF CERTAIN RESTRICTIVE ELIGIBILITY

2 REQUIREMENTS

3 SEC. 778. Notwithstanding any other provision of 

4 law, regulation, or policy, in determining eligibility for as5 sistance authorized under part I of the Foreign Assistance 

6 Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovern7 mental organizations shall not be ineligible for such assist8 ance solely on the basis of health or medical services, in9 cluding counseling and referral services, provided by such 

10 organizations with non-United States Government funds 

11 if such services do not violate the laws of the country in 

12 which they are being provided and would not violate 

13 United States Federal law if provided in the United 

14 States, and shall not be subject to requirements relating 

15 to the use of non-United States Government funds for ad16 vocacy and lobbying activities other than those that apply 

17 to United States nongovernmental organizations receiving 

18 assistance under part I of such Act. 

19 CUBA

20 SEC. 779. (a) Subject to subsection (b), of the funds 

21 appropriated by this Act under the heading ‘‘International 

22 Narcotics Control and Law Enforcement’’, $1,000,000 

23 shall be made available for preliminary work by the De24 partment of State, or such other entity as the Secretary 

25 of State may designate, to establish cooperation with ap26 propriate agencies of the Government of Cuba on counter- 
196 

S 3288 PCS 

1 narcotics matters, including matters relating to coopera2 tion, coordination, and mutual assistance in the interdic3 tion of illicit drugs being transported through Cuban air4 space or over Cuban waters. 

5 (b) The amount in subsection (a) shall not be avail6 able if the Secretary certifies to the Committees on Appro7 priations that— 

8 (1) Cuba does not have in place appropriate 

9 procedures to protect against the loss of innocent 

10 life in the air and on the ground in connection with 

11 the interdiction of illegal drugs; and 

12 (2) there is credible evidence of involvement of 

13 the Government of Cuba in drug trafficking during 

14 the preceeding 10 years. 

15 This Act may be cited as the ‘‘Department of State, 

16 Foreign Operations, and Related Programs Appropria17 tions Act, 2009’’. 

Calendar No. 889 

110TH CONGRESS 

2D SESSION S. 3288 

[Report No. 110–425] 

A BILL 

Making appropriations for the Department of 

and for other purposes. for the fiscal year ending September 30, 2009, State, foreign operations, and related programs 

JULY 18 (legislative day, JULY 17), 2008 

Read twice and placed on the calendar