IB 

Union Calendar No. 100 

111TH CONGRESS 

1ST SESSION H. R. 3081 

[Report No. 111–187] 

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

related programs for the fiscal year ending September 30, 2010, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 26, 2009 

Mrs. LOWEY, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL 

Making appropriations for the Department of State, foreign 

operations, and related programs for the fiscal year ending September 30, 2010, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

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


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1 TITLE I 

2 DEPARTMENT OF STATE AND RELATED 

3 AGENCY 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Department of State 

9 and the Foreign Service not otherwise provided for, 

10 $8,229,000,000, of which $1,577,427,000 is for World11 wide Security Protection (to remain available until ex12 pended): Provided, That the Secretary of State may trans13 fer up to $137,600,000 of the total funds made available 

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

18 carry out the provisions of the Foreign Assistance Act of 

19 1961: Provided further, That, consistent with existing law 

20 and regulation, the Secretary of State shall notify in writ21 ing the member of the House of Representatives rep22 resenting the district of a left-behind parent when the par23 ent reports an international child abduction to the Depart24 ment of State and the Secretary shall maintain a comput25 erized data tracking system to track and monitor such reVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 ported international child abduction cases: Provided fur2 ther, That the requirements of the previous proviso shall 

3 not apply to cases where the left-behind parent does not 

4 consent to the Secretary taking such actions: Provided fur5 ther, That funds made available under this heading shall 

6 be allocated as follows: 

7 (1) HUMAN RESOURCES.—For necessary ex8 penses for training, human resources management, 

9 and salaries, including employment without regard 

10 to civil service and classification laws of persons on 

11 a temporary basis (not to exceed $700,000), as au12 thorized by section 801 of the United States Infor13 mation and Educational Exchange Act of 1948, 

14 $2,667,130,000 to remain available until September 

15 30, 2011, of which not less than $138,075,000 shall 

16 be available only for public diplomacy American sal17 aries, and, $220,840,000 is for Worldwide Security 

18 Protection and shall remain available until expended. 

19 (2) OVERSEAS PROGRAMS.—For necessary ex20 penses for the regional bureaus of the Department 

21 of State and overseas activities as authorized by law, 

22 $2,497,158,000, to remain available until September 

23 30, 2011, of which not less than $381,800,000 shall 

24 be available only for public diplomacy international 

25 information programs. 


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1 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

2 necessary expenses for the functional bureaus of the 

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

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

7 specific Acts of Congress, general administration, 

8 and arms control, nonproliferation and disarmament 

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

10 available until September 30, 2011. 

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

14 $1,356,587,000 is for Worldwide Security Protection 

15 and shall remain available until expended. 

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

18 this heading— 

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

21 agencies for lease or use of facilities located at 

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

24 addition, as authorized by section 5 of such 

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


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1 authorized by that section, to be used for the 

2 purposes set out in that section; 

3 (B) as authorized by section 810 of the 

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

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

9 motion pictures, and publication programs and 

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

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

13 derived from reimbursements, surcharges and 

14 fees for use of Blair House facilities. 

15 (6) TRANSFER AND REPROGRAMMING.— 

16 (A) Notwithstanding any provision of this 

17 Act, funds may be reprogrammed within and 

18 between subsections under this heading subject 

19 to section 7015 of this Act. 

20 (B) Of the amount made available under 

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

22 transferred to, and merged with, funds made 

23 available by this Act under the heading ‘‘Emer24 gencies in the Diplomatic and Consular ServVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 ice’’, to be available only for emergency evacu2 ations and rewards, as authorized. 

3 (C) Funds appropriated under this heading 

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

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

7 the field examination of programs and activities 

8 in the United States funded from any account 

9 contained in this title. 

10 CIVILIAN STABILIZATION INITIATIVE

11 For necessary expenses to establish, support, main12 tain, mobilize, and deploy a civilian response corps in co13 ordination with the United States Agency for Inter14 national Development, and for related reconstruction and 

15 stabilization assistance to prevent or respond to conflict 

16 or civil strife in foreign countries or regions, or to enable 

17 transition from such strife, $125,000,000, to remain avail18 able until expended: Provided, That funds made available 

19 under this heading may be made available in fiscal year 

20 2010 to provide administrative expenses for the Office of 

21 the Coordinator for Reconstruction and Stabilization: Pro22 vided further, That notwithstanding any other provision 

23 of law and following consultation with the Committees on 

24 Appropriations, the President may exercise transfer au25 thorities contained in the Foreign Assistance Act of 1961 


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1 for reconstruction and stabilization assistance managed by 

2 the Office of the Coordinator for Reconstruction and Sta3 bilization, United States Department of State, only to sup4 port an actively deployed civilian response corps, subject 

5 to the regular notification procedures of the Committees 

6 on Appropriations: Provided further, That not later than 

7 45 days after enactment of this Act, the Secretary of State 

8 and the Administrator of the United States Agency for 

9 International Development shall submit a coordinated 

10 joint spending plan for funds made available under this 

11 heading and under the heading ‘‘Civilian Stabilization Ini12 tiative’’ in title II of this Act. 

13 CAPITAL INVESTMENT FUND

14 For necessary expenses of the Capital Investment 

15 Fund, $160,000,000, 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, $100,000,000, notwithstanding section 209(a)(1) 

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

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

24 shall be for the Special Inspector General for Iraq Recon25 struction for reconstruction oversight, and $23,000,000 


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1 shall be for the Special Inspector General for Afghanistan 

2 Reconstruction for reconstruction oversight. 

3 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

4 For expenses of educational and cultural exchange 

5 programs, as authorized, $600,000,000, to remain avail6 able until expended: Provided, That not to exceed 

7 $5,000,000, to remain available until expended, may be 

8 credited to this appropriation from fees or other payments 

9 received from or in connection with English teaching, edu10 cational advising and counseling programs, and exchange 

11 visitor programs as authorized. 

12 REPRESENTATION ALLOWANCES

13 For representation allowances as authorized, 

14 $8,175,000. 

15 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

16 For expenses, not otherwise provided, to enable the 

17 Secretary of State to provide for extraordinary protective 

18 services, as authorized, $28,500,000, to remain available 

19 until September 30, 2011. 

20 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

21 For necessary expenses for carrying out the Foreign 

22 Service Buildings Act of 1926 (22 U.S.C. 292-303), pre23 serving, maintaining, repairing, and planning for buildings 

24 that are owned or directly leased by the Department of 

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


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1 the Harry S Truman Building, and carrying out the Dip2 lomatic Security Construction Program as authorized, 

3 $876,850,000, to remain available until expended as au4 thorized, of which not to exceed $25,000 may be used for 

5 domestic and overseas representation as authorized: Pro6 vided, That none of the funds appropriated in this para7 graph shall be available for acquisition of furniture, fur8 nishings, or generators for other departments and agen9 cies. 

10 In addition, for the costs of worldwide security up11 grades, acquisition, and construction as authorized, 

12 $847,300,000, to remain available until expended. 

13 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

14 SERVICE

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses to enable the Secretary of 

17 State to meet unforeseen emergencies arising in the Diplo18 matic and Consular Service, $10,000,000, to remain avail19 able until expended as authorized, of which not to exceed 

20 $1,000,000 may be transferred to, and merged with, funds 

21 appropriated by this Act under the heading ‘‘Repatriation 

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

23 conditions. 


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1 BUYING POWER MAINTENANCE ACCOUNT

2 To offset adverse fluctuations in foreign currency ex3 change rates and/or overseas wage and price changes, as 

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

5 Authorities Act of 1956 (22 U.S.C. 2696(b)), $7,500,000, 

6 to remain available until expended. 

7 REPATRIATION LOANS PROGRAM ACCOUNT

8 (INCLUDING TRANSFER OF FUNDS)

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

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

11 such loans, shall be as defined in section 502 of the Con12 gressional Budget Act of 1974. 

13 In addition, for administrative expenses necessary to 

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

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

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

17 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

18 For necessary expenses to carry out the Taiwan Rela19 tions Act (Public Law 96-8), $21,174,000. 

20 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

21 DISABILITY FUND

22 For payment to the Foreign Service Retirement and 

23 Disability Fund, as authorized by law, $158,900,000. 


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1 INTERNATIONAL ORGANIZATIONS

2 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

3 For necessary expenses, not otherwise provided for, 

4 to meet annual obligations of membership in international 

5 multilateral organizations, pursuant to treaties ratified 

6 pursuant to the advice and consent of the Senate, conven7 tions or specific Acts of Congress, $1,697,000,000: Pro8 vided, That the Secretary of State shall, at the time of 

9 the submission of the President’s budget to Congress 

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

11 transmit to the Committees on Appropriations the most 

12 recent biennial budget prepared by the United Nations for 

13 the operations of the United Nations: Provided further, 

14 That the Secretary of State shall notify the Committees 

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

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

17 United Nations action to increase funding for any United 

18 Nations program without identifying an offsetting de19 crease elsewhere in the United Nations budget: Provided 

20 further, That any payment of arrearages under this title 

21 shall be directed toward activities that are mutually agreed 

22 upon by the United States and the respective international 

23 organization: Provided further, That none of the funds ap24 propriated in this paragraph shall be available for a 

25 United States contribution to an international organizaVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 tion for the United States share of interest costs made 

2 known to the United States Government by such organiza3 tion for loans incurred on or after October 1, 1984, 

4 through external borrowings. 

5 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

6 ACTIVITIES

7 For necessary expenses to pay assessed and other ex8 penses of international peacekeeping activities directed to 

9 the maintenance or restoration of international peace and 

10 security, $2,125,000,000, of which 15 percent shall re11 main available until September 30, 2011: Provided, That 

12 none of the funds made available by this Act shall be obli13 gated or expended for any new or expanded United Na14 tions peacekeeping mission unless, at least 15 days in ad15 vance of voting for the new or expanded mission in the 

16 United Nations Security Council (or in an emergency as 

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

18 Appropriations are notified of the estimated cost and 

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

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

21 on Appropriations are notified that the United Nations 

22 has taken appropriate measures to prevent United Nations 

23 employees, contractor personnel, and peacekeeping forces 

24 serving in any United Nations peacekeeping mission from 

25 trafficking in persons, exploiting victims of trafficking, or 


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1 committing acts of illegal sexual exploitation, and to hold 

2 accountable individuals who engage in such acts while par3 ticipating in the peacekeeping mission, including the pros4 ecution in their home countries of such individuals in con5 nection with such acts; and (3) notification pursuant to 

6 section 7015 of this Act is submitted, and the procedures 

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

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

9 Provided further, That funds shall be available for peace10 keeping expenses only upon a certification by the Sec11 retary of State to the Committees on Appropriations that 

12 American manufacturers and suppliers are being given op13 portunities to provide equipment, services, and material 

14 for United Nations peacekeeping activities equal to those 

15 being given to foreign manufacturers and suppliers. 

16 INTERNATIONAL COMMISSIONS

17 For necessary expenses, not otherwise provided for, 

18 to meet obligations of the United States arising under 

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

20 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

21 UNITED STATES AND MEXICO

22 For necessary expenses for the United States Section 

23 of the International Boundary and Water Commission, 

24 United States and Mexico, and to comply with laws appliVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 cable to the United States Section, including not to exceed 

2 $6,000 for representation; as follows: 

3 SALARIES AND EXPENSES

4 For salaries and expenses, not otherwise provided for, 

5 $33,000,000. 

6 CONSTRUCTION

7 For detailed plan preparation and construction of au8 thorized projects, $43,250,000, to remain available until 

9 expended, as authorized. 

10 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

11 For necessary expenses, not otherwise provided, for 

12 the International Joint Commission and the International 

13 Boundary Commission, United States and Canada, as au14 thorized by treaties between the United States and Can15 ada or Great Britain, and the Border Environment Co16 operation Commission as authorized by Public Law 103- 

17 182, $12,608,000: Provided, That of the amount provided 

18 under this heading for the International Joint Commis19 sion, $9,000 may be made available for representation ex20 penses. 

21 INTERNATIONAL FISHERIES COMMISSIONS

22 For necessary expenses for international fisheries 

23 commissions, not otherwise provided for, as authorized by 

24 law, $48,576,000: Provided, That the United States share 

25 of such expenses may be advanced to the respective comVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 missions pursuant to 31 U.S.C. 3324, Provided further, 

2 That, in addition to other funds available for such pur3 poses, funds available under this heading may be used to 

4 make payments necessary to fulfill the United States’ obli5 gations under the Pacific Salmon Treaty. 

6 RELATED AGENCY 

7 BROADCASTING BOARD OF GOVERNORS

8 INTERNATIONAL BROADCASTING OPERATIONS

9 For necessary expenses to enable the Broadcasting 

10 Board of Governors, as authorized, to carry out inter11 national communication activities, including the purchase, 

12 rent, construction, and improvement of facilities for radio 

13 and television transmission and reception and purchase, 

14 lease, and installation of necessary equipment for radio 

15 and television transmission and reception to Cuba, and to 

16 make and supervise grants for radio and television broad17 casting to the Middle East, $733,788,000: Provided, That 

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

19 may be used for official receptions within the United 

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

21 for representation abroad as authorized, and not to exceed 

22 $39,000 may be used for official reception and representa23 tion expenses of Radio Free Europe/Radio Liberty; and 

24 in addition, notwithstanding any other provision of law, 

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


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

2 in receipts from cooperating international organizations, 

3 and not to exceed $1,000,000 in receipts from privatiza4 tion efforts of the Voice of America and the International 

5 Broadcasting Bureau, to remain available until expended 

6 for carrying out authorized purposes. 

7 BROADCASTING CAPITAL IMPROVEMENTS

8 For the purchase, rent, construction, and improve9 ment of facilities for radio and television transmission and 

10 reception, and purchase and installation of necessary 

11 equipment for radio and television transmission and recep12 tion as authorized, $12,662,000, to remain available until 

13 expended, as authorized. 

14 RELATED PROGRAMS 

15 THE ASIA FOUNDATION

16 For a grant to the Asia Foundation, as authorized 

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

18 $19,000,000, to remain available until expended, as au19 thorized. 

20 UNITED STATES INSTITUTE OF PEACE

21 For necessary expenses of the United States Institute 

22 of Peace as authorized in the United States Institute of 

23 Peace Act, $49,220,000, to remain available until Sep24 tember 30, 2011. 


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1 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

2 TRUST FUND

3 For necessary expenses of the Center for Middle 

4 Eastern-Western Dialogue Trust Fund, the total amount 

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

6 before September 30, 2010, to remain available until ex7 pended. 

8 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

9 For necessary expenses of Eisenhower Exchange Fel10 lowships, Incorporated, as authorized by sections 4 and 

11 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

12 U.S.C. 5204-5205), all interest and earnings accruing to 

13 the Eisenhower Exchange Fellowship Program Trust 

14 Fund on or before September 30, 2010, to remain avail15 able until expended: Provided, That none of the funds ap16 propriated herein shall be used to pay any salary or other 

17 compensation, or to enter into any contract providing for 

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

19 5 U.S.C. 5376; or for purposes which are not in accord20 ance with OMB Circulars A-110 (Uniform Administrative 

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

22 Organizations), including the restrictions on compensation 

23 for personal services. 


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1 ISRAELI ARAB SCHOLARSHIP PROGRAM

2 For necessary expenses of the Israeli Arab Scholar3 ship Program as authorized by section 214 of the Foreign 

4 Relations Authorization Act, Fiscal Years 1992 and 1993 

5 (22 U.S.C. 2452), all interest and earnings accruing to 

6 the Israeli Arab Scholarship Fund on or before September 

7 30, 2010, to remain available until expended. 

8 NATIONAL ENDOWMENT FOR DEMOCRACY

9 For grants made by the Department of State to the 

10 National Endowment for Democracy, as authorized by the 

11 National Endowment for Democracy Act, $100,000,000, 

12 to remain available until expended, of which not less than 

13 $250,000 shall be for human rights and democracy pro14 grams relating to Tibet: Provided, That the President of 

15 the National Endowment for Democracy shall provide to 

16 the Committees on Appropriations not later than 45 days 

17 after the date of enactment of this Act a report on the 

18 proposed uses of funds under this heading on a regional 

19 and country basis: Provided further, That funds made 

20 available by this Act for the promotion of democracy may 

21 be made available for the National Endowment for Democ22 racy notwithstanding any other provision of law or regula23 tion. 


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1 OTHER COMMISSIONS 

2 COMMISSION FOR THE PRESERVATION OF AMERICA’S

3 HERITAGE ABROAD

4 SALARIES AND EXPENSES

5 For necessary expenses for the Commission for the 

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

7 authorized by section 1303 of Public Law 99-83. 

8 COMMISSION ON INTERNATIONAL RELIGIOUS FREEDOM

9 SALARIES AND EXPENSES

10 For necessary expenses for the United States Com11 mission on International Religious Freedom, as authorized 

12 by title II of the International Religious Freedom Act of 

13 1998 (Public Law 105-292), $4,300,000, to remain avail14 able until September 30, 2011. 

15 COMMISSION ON SECURITY AND COOPERATION IN

16 EUROPE

17 SALARIES AND EXPENSES

18 For necessary expenses of the Commission on Secu19 rity and Cooperation in Europe, as authorized by Public 

20 Law 94-304, $2,610,000, to remain available until Sep21 tember 30, 2011. 


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1 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

2 PEOPLE’S REPUBLIC OF CHINA

3 SALARIES AND EXPENSES

4 For necessary expenses of the Congressional-Execu5 tive Commission on the People’s Republic of China, as au6 thorized, $2,000,000, including not more than $3,000 for 

7 the purpose of official representation, to remain available 

8 until September 30, 2011. 

9 UNITED STATES-CHINA ECONOMIC AND SECURITY

10 REVIEW COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the United States-China 

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

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

15 representation, to remain available until September 30, 

16 2011: Provided, That the Commission shall provide to the 

17 Committees on Appropriations a quarterly accounting of 

18 the cumulative balances of any unobligated funds that 

19 were received by the Commission during any previous fis20 cal year: Provided further, That section 308(e) of the 

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

22 6918(e)) (relating to the treatment of employees as Con23 gressional employees), and section 309 of such Act (22 

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

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


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1 section applies to the Congressional-Executive Commis2 sion on the People’s Republic of China: Provided further, 

3 That the Commission shall comply with chapter 43 of title 

4 5, United States Code, regarding the establishment and 

5 regular review of employee performance appraisals: Pro6 vided further, That the Commission shall comply with sec7 tion 4505a of title 5, United States Code, with respect 

8 to limitations on payment of performance-based cash 

9 awards: Provided further, That compensation for the exec10 utive director of the Commission may not exceed the rate 

11 payable for level II of the Executive Schedule under sec12 tion 5313 of title 5, United States Code: Provided further, 

13 That travel by members of the Commission and its staff 

14 shall be arranged and conducted under the rules and pro15 cedures applying to travel by members of the House of 

16 Representatives and its staff. 

17 TITLE II 

18 UNITED STATES AGENCY FOR INTERNATIONAL 

19 DEVELOPMENT 

20 FUNDS APPROPRIATED TO THE PRESIDENT

21 OPERATING EXPENSES

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


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

2 of the funds appropriated under this heading and under 

3 the heading ‘‘Capital Investment Fund’’ in this title may 

4 be made available to finance the construction (including 

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

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

7 International Development (USAID), unless the USAID 

8 Administrator has identified such proposed construction 

9 (including architect and engineering services), purchase, 

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

11 Committees on Appropriations at least 15 days prior to 

12 the obligation of funds for such purposes: Provided fur13 ther, That the previous proviso shall not apply when the 

14 total cost of construction (including architect and engi15 neering services), purchase, or long-term lease of offices 

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

17 funds made available under this heading for capital invest18 ments related to the Development Leadership Initiative, 

19 up to $245,000,000 may remain available until September 

20 30, 2014: Provided further, That contracts or agreements 

21 entered into with funds appropriated under this heading 

22 may entail commitments for the expenditure of such funds 

23 through the following fiscal year: Provided further, That 

24 any decision to open a new USAID overseas mission or 

25 office or, except where there is a substantial security risk 


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1 to mission personnel, to close or significantly reduce the 

2 number of personnel of any such mission or office, shall 

3 be subject to the regular notification procedures of the 

4 Committees on Appropriations: Provided further, That the 

5 authority of sections 610 and 109 of the Foreign Assist6 ance Act of 1961 may be exercised by the Secretary of 

7 State to transfer funds appropriated to carry out chapter 

8 1 of part I of such Act to ‘‘Operating Expenses’’ in accord9 ance with the provisions of those sections: Provided fur10 ther, That of the funds appropriated or made available 

11 under this heading, not to exceed $250,000 may be avail12 able for representation and entertainment allowances, of 

13 which not to exceed $5,000 may be available for entertain14 ment allowances for USAID during the current fiscal year: 

15 Provided further, That no such entertainment funds may 

16 be used for the purposes listed in section 7020 of this Act: 

17 Provided further, That appropriate steps shall be taken to 

18 assure that, to the maximum extent possible, United 

19 States-owned foreign currencies are utilized in lieu of dol20 lars. 

21 CIVILIAN STABILIZATION INITIATIVE

22 For necessary expenses to carry out section 667 of 

23 the Foreign Assistance Act of 1961 for the United States 

24 Agency for International Development (USAID) to estab25 lish, support, maintain, mobilize, and deploy a civilian reVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 sponse corps in coordination with the Department of 

2 State, and for related reconstruction and stabilization as3 sistance to prevent or respond to conflict or civil strife in 

4 foreign countries or regions, or to enable transition from 

5 such strife, $30,000,000, to remain available until ex6 pended: Provided, That not later than 45 days after enact7 ment of this Act, the Secretary of State and the USAID 

8 Administrator shall submit a coordinated joint spending 

9 plan for funds made available under this heading and 

10 under the heading ‘‘Civilian Stabilization Initiative’’ in 

11 title I of this Act. 

12 CAPITAL INVESTMENT FUND

13 For necessary expenses for overseas construction and 

14 related costs, and for the procurement and enhancement 

15 of information technology and related capital investments, 

16 pursuant to section 667 of the Foreign Assistance Act of 

17 1961, $213,000,000, to remain available until expended: 

18 Provided, That this amount is in addition to funds other19 wise available for such purposes: Provided further, That 

20 funds appropriated under this heading shall be available 

21 for obligation only pursuant to the regular notification 

22 procedures of the Committees on Appropriations. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses to carry out the provisions 

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


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1 $46,500,000, to remain available until September 30, 

2 2011, which sum shall be available for the Office of the 

3 Inspector General of the United States Agency for Inter4 national Development. 

5 TITLE III 

6 BILATERAL ECONOMIC ASSISTANCE 

7 FUNDS APPROPRIATED TO THE PRESIDENT

8 For necessary expenses to enable the President to 

9 carry out the provisions of the Foreign Assistance Act of 

10 1961, and for other purposes, to remain available until 

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

12 follows: 

13 GLOBAL HEALTH AND CHILD SURVIVAL

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses to carry out the provisions 

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

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

18 funds otherwise available for such purposes, 

19 $2,375,000,000, to remain available until September 30, 

20 2011, and which shall be apportioned directly to the 

21 United States Agency for International Development: Pro22 vided, That this amount shall be made available for such 

23 activities as: (1) child survival and maternal health pro24 grams; (2) immunization and oral rehydration programs; 

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


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1 which directly address the needs of mothers and children, 

2 and related education programs; (4) assistance for chil3 dren displaced or orphaned by causes other than AIDS; 

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

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

6 other infectious diseases, and for assistance to commu7 nities severely affected by HIV/AIDS, including children 

8 infected or affected by AIDS; and (6) family planning/re9 productive health: Provided further, That none of the 

10 funds appropriated under this paragraph may be made 

11 available for nonproject assistance, except that funds may 

12 be made available for such assistance for ongoing health 

13 activities: Provided further, That of the funds appropriated 

14 under this paragraph, not to exceed $400,000, in addition 

15 to funds otherwise available for such purposes, may be 

16 used to monitor and provide oversight of child survival, 

17 maternal and family planning/reproductive health, and in18 fectious disease programs: Provided further, That of the 

19 funds appropriated under this paragraph, $77,000,000 

20 should be made available for a United States contribution 

21 to The GAVI Fund: Provided further, That none of the 

22 funds made available in this Act nor any unobligated bal23 ances from prior appropriations Acts may be made avail24 able to any organization or program which, as determined 

25 by the President of the United States, supports or particiVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 pates in the management of a program of coercive abor2 tion or involuntary sterilization: Provided further, That 

3 any determination made under the previous proviso must 

4 be made no later than six months after the date of enact5 ment of this Act, and must be accompanied by a com6 prehensive analysis as well as the complete evidence and 

7 criteria utilized to make the determination: Provided fur8 ther, That none of the funds made available under this 

9 Act may be used to pay for the performance of abortion 

10 as a method of family planning or to motivate or coerce 

11 any person to practice abortions: Provided further, That 

12 nothing in this paragraph shall be construed to alter any 

13 existing statutory prohibitions against abortion under sec14 tion 104 of the Foreign Assistance Act of 1961: Provided 

15 further, That none of the funds made available under this 

16 Act may be used to lobby for or against abortion: Provided 

17 further, That in order to reduce reliance on abortion in 

18 developing nations, funds shall be available only to vol19 untary family planning projects which offer, either directly 

20 or through referral to, or information about access to, a 

21 broad range of family planning methods and services, and 

22 that any such voluntary family planning project shall meet 

23 the following requirements: (1) service providers or refer24 ral agents in the project shall not implement or be subject 

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


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1 births, number of family planning acceptors, or acceptors 

2 of a particular method of family planning (this provision 

3 shall not be construed to include the use of quantitative 

4 estimates or indicators for budgeting and planning pur5 poses); (2) the project shall not include payment of incen6 tives, bribes, gratuities, or financial reward to: (A) an indi7 vidual in exchange for becoming a family planning accep8 tor; or (B) program personnel for achieving a numerical 

9 target or quota of total number of births, number of fam10 ily planning acceptors, or acceptors of a particular method 

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

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

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

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

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

16 provide family planning acceptors comprehensible infor17 mation on the health benefits and risks of the method cho18 sen, including those conditions that might render the use 

19 of the method inadvisable and those adverse side effects 

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

21 (5) the project shall ensure that experimental contracep22 tive drugs and devices and medical procedures are pro23 vided only in the context of a scientific study in which 

24 participants are advised of potential risks and benefits; 

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


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1 Administrator of the United States Agency for Inter2 national Development determines that there has been a 

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

4 (2), (3), or (5) of this proviso, or a pattern or practice 

5 of violations of the requirements contained in paragraph 

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

7 Committees on Appropriations a report containing a de8 scription of such violation and the corrective action taken 

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

10 for natural family planning under section 104 of the For11 eign Assistance Act of 1961 no applicant shall be discrimi12 nated against because of such applicant’s religious or con13 scientious commitment to offer only natural family plan14 ning; and, additionally, all such applicants shall comply 

15 with the requirements of the previous proviso: Provided 

16 further, That for purposes of this or any other Act author17 izing or appropriating funds for the Department of State, 

18 foreign operations, and related programs, the term ‘‘moti19 vate’’, as it relates to family planning assistance, shall not 

20 be construed to prohibit the provision, consistent with 

21 local law, of information or counseling about all pregnancy 

22 options: Provided further, That to the maximum extent 

23 feasible, taking into consideration cost, timely availability, 

24 and best health practices, funds appropriated in this Act 

25 or prior appropriations Acts that are made available for 


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1 condom procurement shall be made available only for the 

2 procurement of condoms manufactured in the United 

3 States: Provided further, That information provided about 

4 the use of condoms as part of projects or activities that 

5 are funded from amounts appropriated by this Act shall 

6 be medically accurate and shall include the public health 

7 benefits and failure rates of such use. 

8 In addition, for necessary expenses to carry out the 

9 provisions of the Foreign Assistance Act of 1961 for the 

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

11 HIV/AIDS, $5,409,000,000, to remain available until ex12 pended, and which shall be apportioned directly to the De13 partment of State: Provided, That of the funds appro14 priated under this paragraph, not less than $750,000,000 

15 shall be made available, notwithstanding any other provi16 sion of law, except for the United States Leadership 

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

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

19 contribution to the Global Fund to Fight AIDS, Tuber20 culosis and Malaria, and shall be expended at the min21 imum rate necessary to make timely payment for projects 

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

23 the aggregate amount of funds made available to the Glob24 al Fund in fiscal year 2010 may be made available to the 

25 United States Agency for International Development for 


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1 technical assistance related to the activities of the Global 

2 Fund: Provided further, That of the funds appropriated 

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

4 available, in addition to amounts otherwise available for 

5 such purposes, for administrative expenses of the Office 

6 of the Global AIDS Coordinator. 

7 DEVELOPMENT ASSISTANCE

8 For necessary expenses to carry out the provisions 

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

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

11 of 1961, $2,465,000,000, to remain available until Sep12 tember 30, 2011: Provided, That of the funds appro13 priated under this heading that are made available for as14 sistance programs for displaced and orphaned children 

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

16 funds otherwise available for such purposes, may be used 

17 to monitor and provide oversight of such programs: Pro18 vided further, That of the funds appropriated by this Act, 

19 not less than $265,000,000 shall be made available for 

20 microenterprise and microfinance development programs 

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

22 the funds appropriated under this heading, not less than 

23 $24,000,000 shall be made available for the American 

24 Schools and Hospitals Abroad program: Provided further, 

25 That of the funds appropriated by this Act, not less than 


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1 $310,000,000 shall be made available for water and sani2 tation supply projects pursuant to the Senator Paul Simon 

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

4 Provided further, That of the funds appropriated by title 

5 III of this Act, not less than $1,000,000,000 shall be made 

6 available for food security and agricultural development 

7 programs, of which $32,000,000 shall be made available 

8 for Collaborative Research Support Programs: Provided 

9 further, That prior to the obligation of funds pursuant to 

10 the previous proviso and after consultation with other rel11 evant Federal departments and agencies, the Committees 

12 on Appropriations, and relevant nongovernmental organi13 zations, the Administrator of the United States Agency 

14 for International Development shall submit to the Com15 mittees on Appropriations a strategy for achieving the 

16 food security and agricultural development program goals: 

17 Provided further, That of the funds appropriated under 

18 this heading for food security and agricultural develop19 ment programs, $10,000,000 shall be made available for 

20 a United States contribution to the endowment of the 

21 Global Crop Diversity Trust pursuant to section 3202 of 

22 Public Law 110–246: Provided further, That of the funds 

23 appropriated under this heading, not less than 

24 $20,000,000 shall be made available for programs to im25 prove women’s leadership capacity in recipient countries. 


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1 INTERNATIONAL DISASTER ASSISTANCE

2 For necessary expenses to carry out the provisions 

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

4 international disaster relief, rehabilitation, and recon5 struction assistance, $830,000,000, to remain available 

6 until expended. 

7 TRANSITION INITIATIVES

8 For necessary expenses for international disaster re9 habilitation and reconstruction assistance pursuant to sec10 tion 491 of the Foreign Assistance Act of 1961, 

11 $100,000,000, to remain available until expended, to sup12 port transition to democracy and to long-term develop13 ment of countries in crisis: Provided, That such support 

14 may include assistance to develop, strengthen, or preserve 

15 democratic institutions and processes, revitalize basic in16 frastructure, and foster the peaceful resolution of conflict: 

17 Provided further, That of the funds made available under 

18 this heading, up to $50,000,000 may be made available 

19 for a Rapid Response Fund: Provided further, That none 

20 of the funds made available for the Rapid Response Fund 

21 may be obligated until the Administrator of the United 

22 States Agency for International Development consults 

23 with the Committees on Appropriations on the country 

24 that will receive assistance, the level of assistance pro25 posed for such country, a description of the proposed proVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 grams, projects and activities, and the implementing agen2 cies or departments of the United States Government: 

3 Provided further, That the United States Agency for Inter4 national Development shall submit a report to the Com5 mittees on Appropriations at least 5 days prior to begin6 ning a new program of assistance. 

7 DEVELOPMENT CREDIT AUTHORITY

8 (INCLUDING TRANSFER OF FUNDS)

9 For the cost of direct loans and loan guarantees pro10 vided by the United States Agency for International De11 velopment, as authorized by sections 256 and 635 of the 

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

13 be derived by transfer from funds appropriated by this Act 

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

15 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro16 vided, That funds provided under this paragraph and 

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

18 Foreign Assistance Act of 1961 shall be made available 

19 only for micro and small enterprise programs, urban pro20 grams, and other programs which further the purposes of 

21 part I of such Act: Provided further, That such costs, in22 cluding the cost of modifying such direct and guaranteed 

23 loans, shall be as defined in section 502 of the Congres24 sional Budget Act of 1974, as amended: Provided further, 

25 That funds made available by this paragraph may be used 


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1 for the cost of modifying any such guaranteed loans under 

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

3 be subject to the regular notification procedures of the 

4 Committees on Appropriations: Provided further, That the 

5 provisions of section 107A(d) (relating to general provi6 sions applicable to the Development Credit Authority) of 

7 the Foreign Assistance Act of 1961, as contained in sec8 tion 306 of H.R. 1486 as reported by the House Com9 mittee on International Relations on May 9, 1997, shall 

10 be applicable to direct loans and loan guarantees provided 

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

12 available to subsidize total loan principal, any portion of 

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

14 In addition, for administrative expenses to carry out 

15 credit programs administered by the United States Agency 

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

17 transferred to, and merged with, funds made available 

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

19 Act: Provided, That funds made available under this head20 ing shall remain available until September 30, 2012. 

21 ECONOMIC SUPPORT FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses to carry out the provisions 

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

25 1961, $6,370,096,000, to remain available until SepVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 tember 30, 2011: Provided, That of the funds appro2 priated under this heading, $250,000,000 shall be avail3 able only for Egypt, which sum shall be provided on a 

4 grant basis, and of which sum cash transfer assistance 

5 shall be provided with the understanding that Egypt will 

6 undertake significant economic and democratic reforms 

7 which are additional to those which were undertaken in 

8 previous fiscal years: Provided further, That of the funds 

9 appropriated under this heading for assistance for Egypt, 

10 not less than $25,000,000 shall be made available for de11 mocracy, human rights and governance programs, and not 

12 less than $25,000,000 shall be made available for edu13 cation programs: Provided further, That $11,000,000 of 

14 the funds appropriated under this heading should be made 

15 available for Cyprus to be used only for scholarships, ad16 ministrative support of the scholarship program, 

17 bicommunal projects, and measures aimed at reunification 

18 of the island and designed to reduce tensions and promote 

19 peace and cooperation between the two communities on 

20 Cyprus: Provided further, That of the funds appropriated 

21 under this heading, not less than $363,000,000 shall be 

22 made available only for assistance for Jordan: Provided 

23 further, That of the funds appropriated under this heading 

24 not more than $400,400,000 may be made available for 

25 assistance for the West Bank and Gaza, of which not to 


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1 exceed $2,000,000 may be used for administrative ex2 penses of the United States Agency for International De3 velopment (USAID), in addition to funds otherwise avail4 able for such purposes, to carry out programs in the West 

5 Bank and Gaza: Provided further, That not more than 

6 $150,000,000 of the funds provided for the West Bank 

7 and Gaza shall be for cash transfer assistance: Provided 

8 further, That of the funds appropriated under this heading 

9 for assistance for Afghanistan and Pakistan, assistance 

10 may be provided notwithstanding any provision of law that 

11 restricts assistance to foreign countries for cross border 

12 stabilization and development programs between Afghani13 stan and Pakistan or between either country and the Cen14 tral Asian republics: Provided further, That $300,000,000 

15 of the funds made available for assistance for Afghanistan 

16 under this heading may be obligated for such assistance 

17 only after the Secretary of State certifies to the Commit18 tees on Appropriations that the Government of Afghani19 stan at both the national and provincial level is cooper20 ating fully with United States-funded poppy eradication 

21 and interdiction efforts in Afghanistan: Provided further, 

22 That the President may waive the previous proviso if the 

23 President determines and reports to the Committees on 

24 Appropriations that to do so is vital to the national secu25 rity interests of the United States: Provided further, That 


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1 of the funds appropriated under this heading, 

2 $200,660,000 shall be apportioned directly to USAID for 

3 alternative development/institution building programs in 

4 Colombia: Provided further, That of the funds appro5 priated under this heading that are available for Colombia, 

6 not less than $4,500,000 shall be transferred to, and 

7 merged with, funds appropriated under the heading ‘‘Mi8 gration and Refugee Assistance’’ and shall be made avail9 able only for assistance to nongovernmental organizations 

10 that provide emergency relief aid to Colombian refugees 

11 in neighboring countries. 

12 DEMOCRACY FUND

13 For necessary expenses to carry out the provisions 

14 of the Foreign Assistance Act of 1961 for the promotion 

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

16 until September 30, 2011, of which $70,000,000 shall be 

17 made available for the Human Rights and Democracy 

18 Fund of the Bureau of Democracy, Human Rights and 

19 Labor, Department of State, and $50,000,000 shall be 

20 made available for the Office of Democracy and Govern21 ance of the Bureau for Democracy, Conflict, and Humani22 tarian Assistance, United States Agency for International 

23 Development: Provided, That funds appropriated by this 

24 Act that are made available for the promotion of democ25 racy may be made available notwithstanding any other 


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1 provision of law, and with regard to the National Endow2 ment for Democracy, any regulation: Provided further, 

3 That with respect to the provision of assistance for democ4 racy, human rights and governance activities in this Act, 

5 the organizations implementing such assistance and the 

6 specific nature of that assistance shall not be subject to 

7 the prior approval by the government of any foreign coun8 try. 

9 INTERNATIONAL FUND FOR IRELAND

10 For necessary expenses to carry out the provisions 

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

12 1961, $18,000,000, which shall be available for the United 

13 States contribution to the International Fund for Ireland 

14 and shall be made available in accordance with the provi15 sions of the Anglo-Irish Agreement Support Act of 1986 

16 (Public Law 99–415): Provided, That such amount shall 

17 be expended at the minimum rate necessary to make time18 ly payment for projects and activities: Provided further, 

19 That funds made available under this heading shall re20 main available until September 30, 2011. 

21 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

22 For necessary expenses to carry out the provisions 

23 of the Foreign Assistance Act of 1961, the FREEDOM 

24 Support Act, and the Support for East European Democ25 racy (SEED) Act of 1989, $722,253,000, to remain availVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 able until September 30, 2011, which shall be available, 

2 notwithstanding any other provision of law, for assistance 

3 and for related programs for countries identified in section 

4 3 of the FREEDOM Support Act and section 3(c) of the 

5 SEED Act: Provided, That funds appropriated under this 

6 heading shall be considered to be economic assistance 

7 under the Foreign Assistance Act of 1961 for purposes 

8 of making available the administrative authorities con9 tained in that Act for the use of economic assistance: Pro10 vided further, That notwithstanding any provision of this 

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

12 the headings ‘‘Independent States of the Former Soviet 

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

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

15 currencies generated by or converted from such funds, 

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

17 are made available under this heading without regard to 

18 the geographic limitations of the heading under which 

19 such funds were originally appropriated: Provided further, 

20 That funds made available for the Southern Caucasus re21 gion may be used for confidence-building measures and 

22 other activities in furtherance of the peaceful resolution 

23 of conflicts, including in Nagorno-Karabagh. 


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1 DEPARTMENT OF STATE

2 INTERNATIONAL NARCOTICS CONTROL AND LAW

3 ENFORCEMENT

4 For necessary expenses to carry out section 481 of 

5 the Foreign Assistance Act of 1961, $1,630,000,000, to 

6 remain available until September 30, 2011: Provided, 

7 That during fiscal year 2010, the Department of State 

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

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

10 to receive excess property from an agency of the United 

11 States Government for the purpose of providing it to a 

12 foreign country or international organization under chap13 ter 8 of part I of that Act subject to the regular notifica14 tion procedures of the Committees on Appropriations: Pro15 vided further, That the Secretary of State shall provide 

16 to the Committees on Appropriations not later than 45 

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

18 to the initial obligation of funds appropriated under this 

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

20 this heading on a country-by-country basis for each pro21 posed program, project, or activity: Provided further, That 

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

23 not apply to funds appropriated under this heading: Pro24 vided further, That assistance provided with funds appro25 priated under this heading that is made available notwithVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 standing section 482(b) of the Foreign Assistance Act of 

2 1961 shall be made available subject to the regular notifi3 cation procedures of the Committees on Appropriations: 

4 Provided further, That none of the funds appropriated 

5 under this heading for assistance for Afghanistan may be 

6 made available for eradication programs through the aer7 ial spraying of herbicides unless the Secretary of State de8 termines and reports to the Committees on Appropriations 

9 that the President of Afghanistan has requested assistance 

10 for such aerial spraying programs for counternarcotics 

11 purposes: Provided further, That in the event the Sec12 retary of State makes a determination pursuant to the 

13 previous proviso, the Secretary shall consult with the Com14 mittees on Appropriations prior to the obligation of funds 

15 for such eradication programs: Provided further, That 

16 none of the funds appropriated under this heading for as17 sistance for Colombia shall be made available for budget 

18 support or as cash payments: Provided further, That funds 

19 appropriated under this heading that are made available 

20 for assistance for the Bolivian military and police may be 

21 made available for such purposes only if the Secretary of 

22 State certifies to the Committees on Appropriations that 

23 the Bolivian military and police are respecting internation24 ally recognized human rights and cooperating fully with 

25 investigations and prosecutions by civilian judicial authoriVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 ties of military and police personnel who have been 

2 credibly alleged to have violated such rights: Provided fur3 ther, That in order to enhance border security and co4 operation in law enforcement efforts between the United 

5 States and Mexico, funds appropriated under this heading 

6 for assistance for Mexico may be made available for the 

7 procurement of law enforcement communications equip8 ment only if such equipment utilizes open standards and 

9 is compatible with, and capable of operating with, radio 

10 communications systems and related equipment utilized by 

11 Federal law enforcement agencies in the United States to 

12 enhance border security and cooperation in law enforce13 ment efforts between Mexico and the United States. 

14 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

15 RELATED PROGRAMS

16 For necessary expenses for nonproliferation, anti-ter17 rorism, demining and related programs and activities, 

18 $717,430,000, to carry out the provisions of chapter 8 of 

19 part II of the Foreign Assistance Act of 1961 for anti20 terrorism assistance, chapter 9 of part II of the Foreign 

21 Assistance Act of 1961, section 504 of the FREEDOM 

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

23 or the Foreign Assistance Act of 1961 for demining activi24 ties, the clearance of unexploded ordnance, the destruction 

25 of small arms, and related activities, notwithstanding any 


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1 other provision of law, including activities implemented 

2 through nongovernmental and international organizations, 

3 and section 301 of the Foreign Assistance Act of 1961 

4 for a voluntary contribution to the International Atomic 

5 Energy Agency (IAEA), and for a United States contribu6 tion to the Comprehensive Nuclear Test Ban Treaty Pre7 paratory Commission: Provided, That of this amount not 

8 to exceed $75,000,000, to remain available until expended, 

9 may be made available for the Nonproliferation and Disar10 mament Fund, notwithstanding any other provision of 

11 law, to promote bilateral and multilateral activities relat12 ing to nonproliferation, disarmament and weapons de13 struction: Provided further, That such funds may also be 

14 used for such countries other than the Independent States 

15 of the former Soviet Union and international organiza16 tions when it is in the national security interest of the 

17 United States to do so: Provided further, That funds made 

18 available for the Nonproliferation and Disarmament Fund 

19 shall be subject to prior consultation with, and the regular 

20 notification procedures of, the Committees on Appropria21 tions: Provided further, That funds appropriated under 

22 this heading may be made available for IAEA only if the 

23 Secretary of State determines (and so reports to the Con24 gress) that Israel is not being denied its right to partici25 pate in the activities of that Agency: Provided further, 


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1 That of the funds appropriated under this heading, not 

2 more than $500,000 may be made available for public3 private partnerships for conventional weapons and mine 

4 action by grant, cooperative agreement or contract: Pro5 vided further, That of the funds made available for 

6 demining and related activities, not to exceed $700,000, 

7 in addition to funds otherwise available for such purposes, 

8 may be used for administrative expenses related to the op9 eration and management of the demining program: Pro10 vided further, That funds appropriated under this heading 

11 that are available for ‘‘Anti-terrorism Assistance’’ and 

12 ‘‘Export Control and Border Security’’ shall remain avail13 able until September 30, 2011. 

14 MIGRATION AND REFUGEE ASSISTANCE

15 For necessary expenses, not otherwise provided for, 

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

17 by law, a contribution to the International Committee of 

18 the Red Cross, assistance to refugees, including contribu19 tions to the International Organization for Migration and 

20 the United Nations High Commissioner for Refugees, and 

21 other activities to meet refugee and migration needs; sala22 ries and expenses of personnel and dependents as author23 ized by the Foreign Service Act of 1980; allowances as 

24 authorized by sections 5921 through 5925 of title 5, 

25 United States Code; purchase and hire of passenger motor 


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

2 5, United States Code, $1,480,444,000, to remain avail3 able until expended, of which not less than $25,000,000 

4 shall be made available for refugees resettling in Israel. 

5 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

6 ASSISTANCE FUND

7 For necessary expenses to carry out the provisions 

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

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

10 $75,000,000, to remain available until expended. 

11 INDEPENDENT AGENCIES

12 PEACE CORPS

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses to carry out the provisions 

15 of the Peace Corps Act (22 U.S.C. 2501-2523), including 

16 the purchase of not to exceed five passenger motor vehicles 

17 for administrative purposes for use outside of the United 

18 States, $450,000,000 to remain available until September 

19 30, 2011: Provided, That none of the funds appropriated 

20 under this heading shall be used to pay for abortions: Pro21 vided further, That the Director of the Peace Corps may 

22 transfer to the Foreign Currency Fluctuations Account, 

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

24 $5,000,000: Provided further, That funds transferred pur25 suant to the previous proviso may not be derived from 


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1 amounts made available for Peace Corps overseas oper2 ations: Provided further, That of the funds appropriated 

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

4 available for entertainment expenses: Provided further, 

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

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

7 any office, shall be subject to the regular notification pro8 cedures of the Committees on Appropriations. 

9 MILLENNIUM CHALLENGE CORPORATION

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the provisions 

12 of the Millennium Challenge Act of 2003, $1,400,000,000 

13 to remain available until expended: Provided, That of the 

14 funds appropriated under this heading, up to $95,000,000 

15 may be available for administrative expenses of the Millen16 nium Challenge Corporation (the Corporation): Provided 

17 further, That up to 10 percent of the funds appropriated 

18 under this heading may be made available to carry out 

19 the purposes of section 616 of the Millennium Challenge 

20 Act of 2003 for fiscal year 2010: Provided further, That 

21 section 605(e)(4) of the Millennium Challenge Act of 2003 

22 shall apply to funds appropriated under this heading: Pro23 vided further, That funds appropriated under this heading 

24 may be made available for a Millennium Challenge Com25 pact entered into pursuant to section 609 of the MillenVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 nium Challenge Act of 2003 only if such Compact obli2 gates, or contains a commitment to obligate subject to the 

3 availability of funds and the mutual agreement of the par4 ties to the Compact to proceed, the entire amount of the 

5 United States Government funding anticipated for the du6 ration of the Compact: Provided further, That the Cor7 poration should reimburse the United States Agency for 

8 International Development (USAID) for all expenses in9 curred by USAID with funds appropriated under this 

10 heading in assisting the Corporation in carrying out the 

11 Millennium Challenge Act of 2003 (22 U.S.C. 7701 et 

12 seq.), including administrative costs for compact develop13 ment, negotiation, and implementation: Provided further, 

14 That the Chief Executive Officer of the Millennium Chal15 lenge Corporation shall notify the Committees on Appro16 priations not later than 15 days prior to signing any new 

17 country compact or new threshold country program; termi18 nating or suspending any country compact or threshold 

19 country program; or commencing negotiations for any new 

20 compact or threshold country program: Provided further, 

21 That of the funds appropriated under this heading, not 

22 to exceed $100,000 may be available for representation 

23 and entertainment allowances, of which not to exceed 

24 $5,000 may be available for entertainment allowances. 


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1 INTER-AMERICAN FOUNDATION

2 For necessary expenses to carry out the functions of 

3 the Inter-American Foundation in accordance with the 

4 provisions of section 401 of the Foreign Assistance Act 

5 of 1969, $22,760,000, to remain available until September 

6 30, 2011: Provided, That of the funds appropriated under 

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

8 entertainment and representation allowances. 

9 AFRICAN DEVELOPMENT FOUNDATION

10 For necessary expenses to carry out title V of the 

11 International Security and Development Cooperation Act 

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

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

14 made available to grantees may be invested pending ex15 penditure for project purposes when authorized by the 

16 Board of Directors of the Foundation: Provided further, 

17 That interest earned shall be used only for the purposes 

18 for which the grant was made: Provided further, That not19 withstanding section 505(a)(2) of the African Develop20 ment Foundation Act, in exceptional circumstances the 

21 Board of Directors of the Foundation may waive the 

22 $250,000 limitation contained in that section with respect 

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

24 up to $10,000 if the increase is due solely to foreign cur25 rency fluctuation: Provided further, That the Foundation 


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1 shall provide a report to the Committees on Appropria2 tions after each time such waiver authority is exercised. 

3 DEPARTMENT OF THE TREASURY

4 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

5 For necessary expenses to carry out the provisions 

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

7 $25,000,000, to remain available until September 30, 

8 2012, which shall be available notwithstanding any other 

9 provision of law. 

10 DEBT RESTRUCTURING

11 For the cost, as defined in section 502 of the Con12 gressional Budget Act of 1974, of modifying loans and 

13 loan guarantees, as the President may determine, for 

14 which funds have been appropriated or otherwise made 

15 available for programs within the International Affairs 

16 Budget Function 150, including the cost of selling, reduc17 ing, or canceling amounts owed to the United States as 

18 a result of concessional loans made to eligible countries, 

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

20 of 1961, of modifying concessional credit agreements with 

21 least developed countries, as authorized under section 411 

22 of the Agricultural Trade Development and Assistance Act 

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

24 and credit agreements, as authorized under section 572 

25 of the Foreign Operations, Export Financing, and Related 


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1 Programs Appropriations Act, 1989 (Public Law 100– 

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

3 or guarantees made pursuant to the Export-Import Bank 

4 Act of 1945, by countries that are eligible for debt reduc5 tion pursuant to title V of H.R. 3425 as enacted into law 

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

7 $60,000,000, to remain available until September 30, 

8 2012: Provided, That not less than $20,000,000 of the 

9 funds appropriated under this heading shall be made avail10 able to carry out the provisions of part V of the Foreign 

11 Assistance Act of 1961: Provided further, That amounts 

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

13 debt reduction under the enhanced HIPC initiative by— 

14 (1) the Inter-American Development Bank; 

15 (2) the African Development Fund; 

16 (3) the African Development Bank; and 

17 (4) the Central American Bank for Economic 

18 Integration: 

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

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

21 of State has credible evidence that the government of such 

22 country is engaged in a consistent pattern of gross viola23 tions of internationally recognized human rights or in mili24 tary or civil conflict that undermines its ability to develop 

25 and implement measures to alleviate poverty and to devote 


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1 adequate human and financial resources to that end: Pro2 vided further, That on the basis of final appropriations, 

3 the Secretary of the Treasury shall consult with the Com4 mittees on Appropriations concerning which countries and 

5 international financial institutions are expected to benefit 

6 from a United States contribution to the HIPC Trust 

7 Fund during the fiscal year: Provided further, That the 

8 Secretary of the Treasury shall notify the Committees on 

9 Appropriations not less than 15 days in advance of the 

10 signature of an agreement by the United States to make 

11 payments to the HIPC Trust Fund of amounts for such 

12 countries and institutions: Provided further, That the Sec13 retary of the Treasury may disburse funds designated for 

14 debt reduction through the HIPC Trust Fund only for the 

15 benefit of countries that— 

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

17 not to accept new market-rate loans from the inter18 national financial institution receiving debt repay19 ment as a result of such disbursement, other than 

20 loans made by such institutions to export-oriented 

21 commercial projects that generate foreign exchange 

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

23 and 

24 (2) have documented and demonstrated their 

25 commitment to redirect their budgetary resources 


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•HR 3081 RH

1 from international debt repayments to programs to 

2 alleviate poverty and promote economic growth that 

3 are additional to or expand upon those previously 

4 available for such purposes: 

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

6 section 411 of the Agricultural Trade Development and 

7 Assistance Act of 1954 shall not apply to funds appro8 priated under this heading: Provided further, That none 

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

10 any other appropriations Act shall be made available for 

11 Sudan or Burma unless the Secretary of the Treasury de12 termines and notifies the Committees on Appropriations 

13 that a democratically elected government has taken office. 

14 TITLE IV 

15 INTERNATIONAL SECURITY ASSISTANCE 

16 FUNDS APPROPRIATED TO THE PRESIDENT

17 PEACEKEEPING OPERATIONS

18 For necessary expenses to carry out the provisions 

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

20 $331,500,000: Provided, That funds appropriated under 

21 this heading may be used, notwithstanding section 660 of 

22 the Foreign Assistance Act, to provide assistance to en23 hance the capacity of foreign security forces, including 

24 gendarmes, to participate in peacekeeping operations: Pro25 vided further, That of the funds made available under this 


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1 heading, not less than $26,000,000 shall be made avail2 able for a United States contribution to the Multinational 

3 Force and Observers mission in the Sinai: Provided fur4 ther, That up to $102,000,000 may be made available for 

5 assistance for Somalia, of which up to $55,000,000 may 

6 be used to pay assessed expenses of international peace7 keeping activities in Somalia: Provided further, That none 

8 of the funds appropriated under this heading shall be obli9 gated or expended except as provided through the regular 

10 notification procedures of the Committees on Appropria11 tions. 

12 INTERNATIONAL MILITARY EDUCATION AND TRAINING

13 For necessary expenses to carry out the provisions 

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

15 $110,283,000, of which up to $4,000,000 may remain 

16 available until expended and may only be provided through 

17 the regular notification procedures of the Committees on 

18 Appropriations: Provided, That the civilian personnel for 

19 whom military education and training may be provided 

20 under this heading may include civilians who are not mem21 bers of a government whose participation would contribute 

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

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

24 That funds made available under this heading for assist25 ance for Haiti, Guatemala, the Democratic Republic of the 


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1 Congo, Nigeria, Sri Lanka, Nepal, Ethiopia, Bangladesh, 

2 Libya, and Angola may only be provided through the reg3 ular notification procedures of the Committees on Appro4 priations and any such notification shall include a detailed 

5 description of proposed activities: Provided further, That 

6 of the funds appropriated under this heading, not to ex7 ceed $55,000 may be available for entertainment allow8 ances. 

9 FOREIGN MILITARY FINANCING PROGRAM

10 For necessary expenses for grants to enable the 

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

12 Arms Export Control Act, $4,260,000,000: Provided, 

13 That to expedite the provision of assistance to foreign 

14 countries and international organizations, the Secretary of 

15 State may use the funds appropriated under this heading 

16 to procure defense articles and services to enhance the ca17 pacity of foreign security forces: Provided further, That 

18 the Department of State shall consult with the Commit19 tees on Appropriations prior to exercising the authority 

20 contained in the previous proviso: Provided further, That 

21 of the funds appropriated under this heading, not less 

22 than $2,220,000,000 shall be available for grants only for 

23 Israel, and not less than $1,040,000,000 shall be made 

24 available for grants only for Egypt, including for border 

25 security programs and activities in the Sinai: Provided furVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 ther, That the funds appropriated by this paragraph for 

2 Israel shall be disbursed within 30 days of the enactment 

3 of this Act: Provided further, That to the extent that the 

4 Government of Israel requests that funds be used for such 

5 purposes, grants made available for Israel by this para6 graph shall, as agreed by the United States and Israel, 

7 be available for advanced weapons systems, of which not 

8 less than $583,860,000 shall be available for the procure9 ment in Israel of defense articles and defense services, in10 cluding research and development: Provided further, That 

11 funds appropriated under this heading estimated to be 

12 outlayed for Egypt during fiscal year 2010 shall be trans13 ferred to an interest bearing account for Egypt in the Fed14 eral Reserve Bank of New York within 30 days of enact15 ment of this Act: Provided further, That of the funds ap16 propriated by this paragraph, $150,000,000 shall be made 

17 available for assistance for Jordan: Provided further, That 

18 of the funds appropriated under this heading, not more 

19 than $60,000,000 shall be available for Colombia, of which 

20 $12,500,000 is available to support maritime interdiction 

21 and riverine operations: Provided further, That funds ap22 propriated under this heading for assistance for Pakistan 

23 may be made available only for border security, counter24 terrorism and law enforcement activities directed against 

25 Al Qaeda, the Taliban and associated terrorist groups: 


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1 Provided further, That none of the funds made available 

2 under this heading shall be made available to support or 

3 continue any program initially funded under the authority 

4 of section 1206 of the National Defense Authorization Act 

5 for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 

6 3456) unless the Department of State, in coordination 

7 with the Department of Defense, has justified such pro8 gram to the Committees on Appropriations: Provided fur9 ther, That funds appropriated or otherwise made available 

10 by this paragraph shall be nonrepayable notwithstanding 

11 any requirement in section 23 of the Arms Export Control 

12 Act: Provided further, That funds made available under 

13 this paragraph shall be obligated upon apportionment in 

14 accordance with paragraph (5)(C) of title 31, United 

15 States Code, section 1501(a). 

16 None of the funds made available under this heading 

17 shall be available to finance the procurement of defense 

18 articles, defense services, or design and construction serv19 ices that are not sold by the United States Government 

20 under the Arms Export Control Act unless the foreign 

21 country proposing to make such procurements has first 

22 signed an agreement with the United States Government 

23 specifying the conditions under which such procurements 

24 may be financed with such funds: Provided, That all coun25 try and funding level increases in allocations shall be subVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 mitted through the regular notification procedures of sec2 tion 7015 of this Act: Provided further, That none of the 

3 funds appropriated under this heading may be made avail4 able for assistance for Nepal, Sri Lanka, Pakistan, Ban5 gladesh, Philippines, Indonesia, Bosnia and Herzegovina, 

6 Haiti, Guatemala, Ethiopia, and the Democratic Republic 

7 of the Congo except pursuant to the regular notification 

8 procedures of the Committees on Appropriations: Provided 

9 further, That funds made available under this heading 

10 may be used, notwithstanding any other provision of law, 

11 for demining, the clearance of unexploded ordnance, and 

12 related activities, and may include activities implemented 

13 through nongovernmental and international organizations: 

14 Provided further, That only those countries for which as15 sistance was justified for the ‘‘Foreign Military Sales Fi16 nancing Program’’ in the fiscal year 1989 congressional 

17 presentation for security assistance programs may utilize 

18 funds made available under this heading for procurement 

19 of defense articles, defense services or design and con20 struction services that are not sold by the United States 

21 Government under the Arms Export Control Act: Provided 

22 further, That funds appropriated under this heading shall 

23 be expended at the minimum rate necessary to make time24 ly payment for defense articles and services: Provided fur25 ther, That not more than $54,464,000 of the funds approVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 priated under this heading may be obligated for necessary 

2 expenses, including the purchase of passenger motor vehi3 cles for replacement only for use outside of the United 

4 States, for the general costs of administering military as5 sistance and sales, except that this limitation may be ex6 ceeded only through the regular notification procedures of 

7 the Committees on Appropriations: Provided further, That 

8 of the funds appropriated under this heading for general 

9 costs of administering military assistance and sales, not 

10 to exceed $4,000 may be available for entertainment ex11 penses and not to exceed $130,000 may be available for 

12 representation allowances: Provided further, That not 

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

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

15 be obligated for expenses incurred by the Department of 

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

17 of the Arms Export Control Act, except that this limita18 tion may be exceeded only through the regular notification 

19 procedures of the Committees on Appropriations. 

20 TITLE V 

21 MULTILATERAL ASSISTANCE 

22 FUNDS APPROPRIATED TO THE PRESIDENT

23 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

24 For necessary expenses to carry out the provisions 

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


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1 of section 2 of the United Nations Environment Program 

2 Participation Act of 1973, $395,091,000: Provided, That 

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

4 not apply to contributions to the United Nations Democ5 racy Fund. 

6 INTERNATIONAL FINANCIAL INSTITUTIONS

7 GLOBAL ENVIRONMENT FACILITY

8 For the United States contribution for the Global En9 vironment Facility, $86,500,000, to the International 

10 Bank for Reconstruction and Development as trustee for 

11 the Global Environment Facility, by the Secretary of the 

12 Treasury, to remain available until expended. 

13 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

14 ASSOCIATION

15 For payment to the International Development Asso16 ciation by the Secretary of the Treasury, $1,235,000,000, 

17 to remain available until expended. 

18 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

19 For contributions to the multilateral Clean Tech20 nology Fund, $225,000,000, to remain available until ex21 pended: Provided, That none of the funds made available 

22 under this heading may be obligated without specific au23 thorization in a subsequent Act of Congress. 


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1 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

2 For contributions to the multilateral Strategic Cli3 mate Fund, $75,000,000, to remain available until ex4 pended: Provided, That none of the funds made available 

5 under this heading may be obligated without specific au6 thorization in a subsequent Act of Congress: Provided fur7 ther, That the Secretary of the Treasury shall consult with 

8 the Committees on Appropriations on the proposed uses 

9 of these funds prior to making a contribution to the Stra10 tegic Climate Fund. 

11 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

12 BANK

13 For payment to the Inter-American Investment Cor14 poration by the Secretary of the Treasury, $4,670,000, to 

15 remain available until expended. 

16 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

17 MULTILATERAL INVESTMENT FUND

18 For payment to the Enterprise for the Americas Mul19 tilateral Investment Fund by the Secretary of the Treas20 ury, for the United States contribution to the fund, 

21 $25,000,000, to remain available until expended. 

22 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

23 For the United States contribution by the Secretary 

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

25 Development Fund, as authorized by the Asian DevelopVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 ment Bank Act, as amended, $115,250,000, to remain 

2 available until expended. 

3 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

4 For the United States contribution by the Secretary 

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

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

7 until expended. 

8 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

9 AGRICULTURAL DEVELOPMENT

10 For the United States contribution by the Secretary 

11 of the Treasury to increase the resources of the Inter12 national Fund for Agricultural Development, 

13 $30,000,000, to remain available until expended. 

14 TITLE VI 

15 EXPORT AND INVESTMENT ASSISTANCE 

16 EXPORT-IMPORT BANK OF THE UNITED STATES

17 INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

19 General in carrying out the provisions of the Inspector 

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

21 available until September 30, 2011. 

22 PROGRAM ACCOUNT

23 The Export-Import Bank of the United States is au24 thorized to make such expenditures within the limits of 

25 funds and borrowing authority available to such corporaVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 tion, and in accordance with law, and to make such con2 tracts and commitments without regard to fiscal year limi3 tations, as provided by section 104 of the Government 

4 Corporation Control Act, as may be necessary in carrying 

5 out the program for the current fiscal year for such cor6 poration: Provided, That none of the funds available dur7 ing the current fiscal year may be used to make expendi8 tures, contracts, or commitments for the export of nuclear 

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

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

11 Treaty on the Non-Proliferation of Nuclear Weapons eligi12 ble to receive economic or military assistance under this 

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

14 of the enactment of this Act: Provided further, That not15 withstanding section 1(c) of Public Law 103–428, as 

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

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

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

19 loan, guarantee, and insurance authority available to the 

20 Export-Import Bank under this Act should be used for 

21 renewable energy technologies or energy efficient end-use 

22 technologies. 

23 SUBSIDY APPROPRIATION

24 For the cost of direct loans, loan guarantees, insur25 ance, and tied-aid grants as authorized by section 10 of 


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

2 to exceed $58,000,000: Provided, That such costs, includ3 ing the cost of modifying such loans, shall be as defined 

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

5 Provided further, That such funds shall remain available 

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

7 loans, loan guarantees, insurance and tied-aid grants obli8 gated in fiscal years 2010, 2011, 2012 and 2013: Provided 

9 further, That none of the funds appropriated by this Act 

10 or any prior Acts appropriating funds for the Department 

11 of State, foreign operations, and related programs for tied12 aid credits or grants may be used for any other purpose 

13 except through the regular notification procedures of the 

14 Committees on Appropriations: Provided further, That 

15 funds appropriated by this paragraph are made available 

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

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

18 lease of any product by any Eastern European country, 

19 any Baltic State or any agency or national thereof. 

20 ADMINISTRATIVE EXPENSES

21 For administrative expenses to carry out the direct 

22 and guaranteed loan and insurance programs, including 

23 hire of passenger motor vehicles and services as authorized 

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

25 reception and representation expenses for members of the 


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

2 That the Export-Import Bank may accept, and use, pay3 ment or services provided by transaction participants for 

4 legal, financial, or technical services in connection with 

5 any transaction for which an application for a loan, guar6 antee or insurance commitment has been made: Provided 

7 further, That notwithstanding subsection (b) of section 

8 117 of the Export Enhancement Act of 1992, subsection 

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

10 RECEIPTS COLLECTED

11 Receipts collected pursuant to the Export-Import 

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

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

14 exceed the amount appropriated herein, shall be credited 

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

16 sums herein appropriated from the General Fund shall be 

17 reduced on a dollar-for-dollar basis by such offsetting col18 lections so as to result in a final fiscal year appropriation 

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

20 That of amounts collected in fiscal year 2010 in excess 

21 of obligations, up to $50,000,000, shall become available 

22 on September 1, 2010 and shall remain available until 

23 September 30, 2013. 


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1 OVERSEAS PRIVATE INVESTMENT CORPORATION

2 NONCREDIT ACCOUNT

3 The Overseas Private Investment Corporation is au4 thorized to make, without regard to fiscal year limitations, 

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

6 commitments within the limits of funds available to it and 

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

8 That the amount available for administrative expenses to 

9 carry out the credit and insurance programs (including an 

10 amount for official reception and representation expenses 

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

12 $52,310,000: Provided further, That project-specific trans13 action costs, including direct and indirect costs incurred 

14 in claims settlements, and other direct costs associated 

15 with services provided to specific investors or potential in16 vestors pursuant to section 234 of the Foreign Assistance 

17 Act of 1961, shall not be considered administrative ex18 penses for the purposes of this heading. 

19 PROGRAM ACCOUNT

20 For the cost of direct and guaranteed loans, 

21 $29,000,000, as authorized by section 234 of the Foreign 

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

23 the Overseas Private Investment Corporation Noncredit 

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

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


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1 of the Congressional Budget Act of 1974: Provided fur2 ther, That such sums shall be available for direct loan obli3 gations and loan guaranty commitments incurred or made 

4 during fiscal years 2010, 2011, and 2012: Provided fur5 ther, That funds so obligated in fiscal year 2010 remain 

6 available for disbursement through 2018; funds obligated 

7 in fiscal year 2011 remain available for disbursement 

8 through 2019; and funds obligated in fiscal year 2012 re9 main available for disbursement through 2020: Provided 

10 further, That notwithstanding any other provision of law, 

11 the Overseas Private Investment Corporation is authorized 

12 to undertake any program authorized by title IV of the 

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

14 That funds made available pursuant to the authority of 

15 the previous proviso shall be subject to the regular notifi16 cation procedures of the Committees on Appropriations. 

17 In addition, such sums as may be necessary for ad18 ministrative expenses to carry out the credit program may 

19 be derived from amounts available for administrative ex20 penses to carry out the credit and insurance programs in 

21 the Overseas Private Investment Corporation Noncredit 

22 Account and merged with said account. 


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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 TRADE AND DEVELOPMENT AGENCY

3 For necessary expenses to carry out the provisions 

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

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

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

7 heading, not to exceed $4,000 may be made available for 

8 representation and entertainment allowances. 

9 TITLE VII 

10 GENERAL PROVISIONS 

11 ALLOWANCES AND DIFFERENTIALS

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

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

14 allowances and differentials as authorized by subchapter 

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

18 UNOBLIGATED BALANCES REPORT

19 SEC. 7002. Any Department or Agency to which 

20 funds are appropriated or otherwise made available by this 

21 Act shall provide to the Committees on Appropriations a 

22 quarterly accounting of cumulative balances by program, 

23 project, and activity of the funds received by such Depart24 ment or Agency in this fiscal year or any previous fiscal 

25 year that remain unobligated and unexpended. 


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1 CONSULTING SERVICES

2 SEC. 7003. The expenditure of any appropriation 

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

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

5 be limited to those contracts where such expenditures are 

6 a matter of public record and available for public inspec7 tion, except where otherwise provided under existing law, 

8 or under existing Executive order issued pursuant to exist9 ing law. 

10 EMBASSY CONSTRUCTION

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

12 Act, except as provided in subsection (b), a project to con13 struct a diplomatic facility of the United States may not 

14 include office space or other accommodations for an em15 ployee of a Federal agency or department if the Secretary 

16 of State determines that such department or agency has 

17 not provided to the Department of State the full amount 

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

19 the Secure Embassy Construction and Counterterrorism 

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

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

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

23 629 of the Departments of Commerce, Justice, and State, 

24 the Judiciary, and Related Agencies Appropriations Act, 

25 2005. 


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

2 a project to construct a diplomatic facility of the United 

3 States may include office space or other accommodations 

4 for members of the United States Marine Corps. 

5 PERSONNEL ACTIONS

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

7 agency funded under title I of this Act resulting from per8 sonnel actions taken in response to funding reductions in9 cluded in this Act shall be absorbed within the total budg10 etary resources available under title I to such department 

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

12 between appropriations accounts as may be necessary to 

13 carry out this section is provided in addition to authorities 

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

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

16 reprogramming of funds under section 7015 of this Act 

17 and shall not be available for obligation or expenditure ex18 cept in compliance with the procedures set forth in that 

19 section. 

20 INTERNATIONAL BROADCASTING

21 SEC. 7006. (a) Of the funds appropriated in this Act 

22 under the heading ‘‘International Broadcasting Oper23 ations’’ for programming to the Middle East, Afghanistan, 

24 and Pakistan, 10 percent of the funds shall not be avail25 able for obligation until the Broadcasting Board of GovVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 ernors reports to the Committees on Appropriations that 

2 each relevant language service or grantee is abiding by the 

3 standards and principles set forth in the United States 

4 International Broadcasting Act of 1994 (22 U.S.C. 

5 6202(a) and (b)), is in compliance with the relevant Jour6 nalistic Code of Ethics, and have a policy, including appro7 priate management controls, of not providing an open 

8 platform for terrorists or those who support terrorists. 

9 (b) The Broadcasting Board of Governors shall notify 

10 the Committees on Appropriations within 15 days of any 

11 determination by the Board that any of its broadcast enti12 ties, including its grantee organizations, was found to be 

13 in violation of the principles, standards, or journalistic 

14 code of ethics referenced in subsection (a). 

15 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

16 COUNTRIES

17 SEC. 7007. None of the funds appropriated or other18 wise made available pursuant to titles III through VI of 

19 this Act shall be obligated or expended to finance directly 

20 any assistance or reparations for the governments of 

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

22 purposes of this section, the prohibition on obligations or 

23 expenditures shall include direct loans, credits, insurance 

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


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1 MILITARY COUPS

2 SEC. 7008. None of the funds appropriated or other3 wise made available pursuant to titles III through VI of 

4 this Act shall be obligated or expended to finance directly 

5 any assistance to the government of any country whose 

6 duly elected head of government is deposed by military 

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

8 to such government if the President determines and cer9 tifies to the Committees on Appropriations that subse10 quent to the termination of assistance a democratically 

11 elected government has taken office: Provided further, 

12 That the provisions of this section shall not apply to as13 sistance to promote democratic elections or public partici14 pation in democratic processes: Provided further, That 

15 funds made available pursuant to the previous provisos 

16 shall be subject to the regular notification procedures of 

17 the Committees on Appropriations. 

18 TRANSFER AUTHORITY

19 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD20 CASTING BOARD OF GOVERNORS.—Not to exceed 5 per21 cent of any appropriation made available for the current 

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

23 this Act may be transferred between such appropriations, 

24 but no such appropriation, except as otherwise specifically 

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


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

2 of any appropriation made available for the current fiscal 

3 year for the Broadcasting Board of Governors under title 

4 I of this Act may be transferred between such appropria5 tions, but no such appropriation, except as otherwise spe6 cifically provided, shall be increased by more than 10 per7 cent by any such transfers: Provided further, That any 

8 transfer pursuant to this section shall be treated as a re9 programming of funds under section 7015(a) and (b) of 

10 this Act and shall not be available for obligation or ex11 penditure except in compliance with the procedures set 

12 forth in that section. 

13 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

14 Not to exceed 5 percent of any appropriation other than 

15 for administrative expenses made available for fiscal year 

16 2010, for programs under title VI of this Act may be 

17 transferred between such appropriations for use for any 

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

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

20 appropriation, except as otherwise specifically provided, 

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

22 transfer: Provided, That the exercise of such authority 

23 shall be subject to the regular notification procedures of 

24 the Committees on Appropriations. 


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1 (c) LIMITATION ON TRANSFERS BETWEEN AGEN2 CIES.— 

3 (1) None of the funds made available under ti4 tles II through V of this Act may be transferred to 

5 any department, agency, or instrumentality of the 

6 United States Government, except pursuant to a 

7 transfer made by, or transfer authority provided in, 

8 this Act or any other appropriation Act. 

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

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

11 funds appropriated by this Act to carry out the purposes 

12 of the Foreign Assistance Act of 1961 may be allocated 

13 or transferred to agencies of the United States Govern14 ment pursuant to the provisions of sections 109, 610, and 

15 632 of the Foreign Assistance Act of 1961. 

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

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

18 may be obligated under an appropriation account to which 

19 they were not appropriated, except for transfers specifi20 cally provided for in this Act, unless the President, not 

21 less than 5 days prior to the exercise of any authority con22 tained in the Foreign Assistance Act of 1961 to transfer 

23 funds, consults with and provides a written policy jus24 tification to the Committees on Appropriations. 


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

2 agreement for the transfer or allocation of funds appro3 priated by this Act, or prior Acts, entered into between 

4 the United States Agency for International Development 

5 and another agency of the United States Government 

6 under the authority of section 632(a) of the Foreign As7 sistance Act of 1961 or any comparable provision of law, 

8 shall expressly provide that the Office of the Inspector 

9 General for the agency receiving the transfer or allocation 

10 of such funds shall perform periodic program and financial 

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

12 transferred under such authority may be made available 

13 for the cost of such audits. 

14 REPORTING REQUIREMENT

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

16 Committees on Appropriations, not later than April 1, 

17 2010, and for each fiscal quarter, a report in writing on 

18 the uses of funds made available under the headings ‘‘For19 eign Military Financing Program’’, ‘‘International Mili20 tary Education and Training’’, and ‘‘Peacekeeping Oper21 ations’’: Provided, That such report shall include a de22 scription of the obligation and expenditure of funds, and 

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

24 of the assistance provided by such funds. 


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1 AVAILABILITY OF FUNDS

2 SEC. 7011. No part of any appropriation contained 

3 in this Act shall remain available for obligation after the 

4 expiration of the current fiscal year unless expressly so 

5 provided in this Act: Provided, That funds appropriated 

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

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

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

9 of the Arms Export Control Act, and funds provided under 

10 the 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. 7012. No part of any appropriation provided 

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


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1 furnish assistance to the government of any country which 

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

3 in payment to the United States of principal or interest 

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

5 the United States pursuant to a program for which funds 

6 are appropriated under this Act unless the President de7 termines, following consultations with the Committees on 

8 Appropriations, that assistance to such country is in the 

9 national interest of the United States. 

10 PROHIBITION ON TAXATION OF UNITED STATES

11 ASSISTANCE

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

13 of the funds appropriated under titles III through VI of 

14 this Act may be made available to provide assistance for 

15 a foreign country under a new bilateral agreement gov16 erning the terms and conditions under which such assist17 ance is to be provided unless such agreement includes a 

18 provision stating that assistance provided by the United 

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

20 the foreign government, and the Secretary of State shall 

21 expeditiously seek to negotiate amendments to existing bi22 lateral agreements, as necessary, to conform with this re23 quirement. 

24 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

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1 sessed during fiscal year 2010 on funds appropriated by 

2 this Act by a foreign government or entity against com3 modities financed under United States assistance pro4 grams for which funds are appropriated by this Act, either 

5 directly or through grantees, contractors and subcontrac6 tors shall be withheld from obligation from funds appro7 priated for assistance for fiscal year 2011 and allocated 

8 for the central government of such country and for the 

9 West Bank and Gaza program to the extent that the Sec10 retary of State certifies and reports in writing to the Com11 mittees on Appropriations that such taxes have not been 

12 reimbursed to the Government of the United States. 

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

14 minimis nature shall not be subject to the provisions of 

15 subsection (b). 

16 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

17 from obligation for each country or entity pursuant to sub18 section (b) shall be reprogrammed for assistance to coun19 tries which do not assess taxes on United States assistance 

20 or which have an effective arrangement that is providing 

21 substantial reimbursement of such taxes. 

22 (e) DETERMINATIONS.— 

23 (1) The provisions of this section shall not 

24 apply to any country or entity the Secretary of State 

25 determines— 


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1 (A) does not assess taxes on United States 

2 assistance or which has an effective arrange3 ment that is providing substantial reimburse4 ment of such taxes; or 

5 (B) the foreign policy interests of the 

6 United States outweigh the purpose of this sec7 tion to ensure that United States assistance is 

8 not subject to taxation. 

9 (2) The Secretary of State shall consult with 

10 the Committees on Appropriations at least 15 days 

11 prior to exercising the authority of this subsection 

12 with regard to any country or entity. 

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

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

15 to implement the prohibition against the taxation of assist16 ance contained in this section. 

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

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

19 value added taxes and customs duties imposed on 

20 commodities financed with United States assistance 

21 for programs for which funds are appropriated by 

22 this Act; and 

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

24 framework bilateral agreement between the Govern25 ment of the United States and the government of 


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1 the country receiving assistance that describes the 

2 privileges and immunities applicable to United 

3 States foreign assistance for such country generally, 

4 or an individual agreement between the Government 

5 of the United States and such government that de6 scribes, among other things, the treatment for tax 

7 purposes that will be accorded the United States as8 sistance provided under that agreement. 

9 RESERVATIONS OF FUNDS

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

11 through VI of this Act which are specifically designated 

12 may be reprogrammed for other programs within the same 

13 account notwithstanding the designation if compliance 

14 with the designation is made impossible by operation of 

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

16 such reprogramming shall be subject to the regular notifi17 cation procedures of the Committees on Appropriations: 

18 Provided further, That assistance that is reprogrammed 

19 pursuant to this subsection shall be made available under 

20 the same terms and conditions as originally provided. 

21 (b) In addition to the authority contained in sub22 section (a), the original period of availability of funds ap23 propriated by this Act and administered by the United 

24 States Agency for International Development that are spe25 cifically designated for particular programs or activities by 


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1 this or any other Act shall be extended for an additional 

2 fiscal year if the Administrator of such agency determines 

3 and reports promptly to the Committees on Appropria4 tions that the termination of assistance to a country or 

5 a significant change in circumstances makes it unlikely 

6 that such designated funds can be obligated during the 

7 original period of availability: Provided, That such des8 ignated funds that continue to be available for an addi9 tional fiscal year shall be obligated only for the purpose 

10 of such designation. 

11 (c) Ceilings and specifically designated funding levels 

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

13 authorities appropriated or otherwise made available by 

14 any subsequent Act unless such Act specifically so directs: 

15 Provided, That specifically designated funding levels or 

16 minimum funding requirements contained in any other 

17 Act shall not be applicable to funds appropriated by this 

18 Act. 

19 REPROGRAMMING NOTIFICATION REQUIREMENTS

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

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

22 agencies and departments funded by this Act that remain 

23 available for obligation or expenditure in fiscal year 2010, 

24 or provided from any accounts in the Treasury of the 

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1 rency reflows or other offsetting collections, or made avail2 able by transfer, to the agencies and departments funded 

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

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

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

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

7 project or activity for which funds have been denied or 

8 restricted; (4) relocates an office or employees; (5) closes 

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

10 offices; (7) reorganizes programs or activities; or (8) con11 tracts out or privatizes any functions or activities pres12 ently performed by Federal employees; unless the Commit13 tees on Appropriations are notified 15 days in advance of 

14 such reprogramming of funds. 

15 (b) For the purposes of providing the executive 

16 branch with the necessary administrative flexibility, none 

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

18 under previous appropriations Acts to the agency or de19 partment funded under title I of this Act that remain 

20 available for obligation or expenditure in fiscal year 2010, 

21 or provided from any accounts in the Treasury of the 

22 United States derived by the collection of fees available 

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

24 shall be available for obligation or expenditure for activi25 ties, programs, or projects through a reprogramming of 


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

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

3 activities; (2) reduces by 10 percent funding for any exist4 ing program, project, or activity, or numbers of personnel 

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

6 any general savings, including savings from a reduction 

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

8 programs, activities, or projects as approved by Congress; 

9 unless the Committees on Appropriations are notified 15 

10 days in advance of such reprogramming of funds. 

11 (c) For the purposes of providing the executive 

12 branch with the necessary administrative flexibility, none 

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

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

15 Survival’’, ‘‘Development Assistance’’, ‘‘International Or16 ganizations and Programs’’, ‘‘Trade and Development 

17 Agency’’, ‘‘International Narcotics Control and Law En18 forcement’’, ‘‘Assistance for Europe, Eurasia and Central 

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

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

21 ‘‘Operating Expenses’’, ‘‘Civilian Stabilization Initiative’’, 

22 ‘‘Office of Inspector General’’, ‘‘Nonproliferation, Anti23 terrorism, Demining and Related Programs’’, ‘‘Millen24 nium Challenge Corporation’’, ‘‘Foreign Military Financ25 ing Program’’, ‘‘International Military Education and 


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1 Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Refugee 

2 Assistance’’, shall be available for obligation for activities, 

3 programs, projects, type of materiel assistance, countries, 

4 or other operations not justified or in excess of the amount 

5 justified to the Committees on Appropriations for obliga6 tion under any of these specific headings unless the Com7 mittees on Appropriations are previously notified 15 days 

8 in advance: Provided, That the President shall not enter 

9 into any commitment of funds appropriated for the pur10 poses of section 23 of the Arms Export Control Act for 

11 the provision of major defense equipment, other than con12 ventional ammunition, or other major defense items de13 fined to be aircraft, ships, missiles, or combat vehicles, not 

14 previously justified to Congress or 20 percent in excess 

15 of the quantities justified to Congress unless the Commit16 tees on Appropriations are notified 15 days in advance of 

17 such commitment: Provided further, That this subsection 

18 shall not apply to any reprogramming for an activity, pro19 gram, or project for which funds are appropriated under 

20 titles II through IV of this Act of less than 10 percent 

21 of the amount previously justified to the Congress for obli22 gation for such activity, program, or project for the cur23 rent fiscal year. 

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

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1 ment of State and the United States Agency for Inter2 national Development, and funds made available for pro3 grams authorized by section 1206 of the National Defense 

4 Authorization Act for Fiscal Year 2006 (Public Law 109– 

5 163), shall be subject to the regular notification proce6 dures of the Committees on Appropriations. 

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

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

9 Act requiring notification in accordance with the regular 

10 notification procedures of the Committees on Appropria11 tions, may be waived if failure to do so would pose a sub12 stantial risk to human health or welfare: Provided, That 

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

14 or the appropriate congressional committees, shall be pro15 vided as early as practicable, but in no event later than 

16 3 days after taking the action to which such notification 

17 requirement was applicable, in the context of the cir18 cumstances necessitating such waiver: Provided further, 

19 That any notification provided pursuant to such a waiver 

20 shall contain an explanation of the emergency cir21 cumstances. 

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

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

24 assistance for Serbia, Sudan, Zimbabwe, Pakistan, Do25 minican Republic, Cuba, Iran, Haiti, Libya, Ethiopia, 


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1 Nepal, Colombia, Mexico, Kazakhstan, or Cambodia and 

2 countries listed in section 7045(c)(2) and (f)(2) of this 

3 Act except as provided through the regular notification 

4 procedures of the Committees on Appropriations. 

5 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

6 SEC. 7016. Prior to providing excess Department of 

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

8 Foreign Assistance Act of 1961, the Department of De9 fense shall notify the Committees on Appropriations to the 

10 same extent and under the same conditions as other com11 mittees pursuant to subsection (f) of that section: Pro12 vided, That before issuing a letter of offer to sell excess 

13 defense articles under the Arms Export Control Act, the 

14 Department of Defense shall notify the Committees on 

15 Appropriations in accordance with the regular notification 

16 procedures of such Committees if such defense articles are 

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

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

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

20 notification is required elsewhere in this Act for the use 

21 of appropriated funds for specific countries that would re22 ceive such excess defense articles: Provided further, That 

23 such Committees shall also be informed of the original ac24 quisition cost of such defense articles. 


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1 LIMITATION ON AVAILABILITY OF FUNDS FOR

2 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

3 SEC. 7017. Subject to the regular notification proce4 dures of the Committees on Appropriations, funds appro5 priated under titles III through VI of this Act or any pre6 viously enacted Act making appropriations for the Depart7 ment of State, foreign operations, and related programs, 

8 which are returned or not made available for organizations 

9 and programs because of the implementation of section 

10 307(a) of the Foreign Assistance Act of 1961, shall re11 main available for obligation until September 30, 2011. 

12 PROHIBITION ON FUNDING FOR ABORTIONS AND

13 INVOLUNTARY STERILIZATION

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

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

16 amended, may be used to pay for the performance of abor17 tions as a method of family planning or to motivate or 

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

19 made available to carry out part I of the Foreign Assist20 ance Act of 1961, as amended, may be used to pay for 

21 the performance of involuntary sterilization as a method 

22 of family planning or to coerce or provide any financial 

23 incentive to any person to undergo sterilizations. None of 

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

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


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1 for any biomedical research which relates in whole or in 

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

3 involuntary sterilization as a means of family planning. 

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

5 the Foreign Assistance Act of 1961, as amended, may be 

6 obligated or expended for any country or organization if 

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

8 such country or organization would violate any of the 

9 above provisions related to abortions and involuntary steri10 lizations. 

11 ALLOCATIONS

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

13 following accounts shall be made available for programs 

14 and countries in the amounts contained in the respective 

15 tables included in the report accompanying this Act: 

16 ‘‘Civilian Stabilization Initiative’’. 

17 ‘‘Educational and Cultural Exchange Pro18 grams’’. 

19 ‘‘International Fisheries Commissions’’. 

20 ‘‘International Broadcasting Operations’’. 

21 ‘‘Global Health and Child Survival’’. 

22 ‘‘Economic Support Fund’’. 

23 ‘‘Assistance for Europe, Eurasia and Central 

24 Asia’’. 


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1 ‘‘International Narcotics Control and Law En2 forcement’’. 

3 ‘‘Nonproliferation, Anti-terrorism, Demining 

4 and Related Programs’’. 

5 ‘‘Foreign Military Financing Program’’. 

6 ‘‘Peacekeeping Operations’’. 

7 ‘‘International Organizations and Programs’’. 

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

9 only with respect to the tables included in the report ac10 companying this Act, the Secretary of State, the Adminis11 trator of the United States Agency for International De12 velopment and the Broadcasting Board of Governors, as 

13 appropriate, may propose deviations to the amounts ref14 erenced in subsection (a), subject to the regular notifica15 tion procedures of the Committees on Appropriations and 

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

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

18 shall apply to the table under the heading ‘‘Bilateral Eco19 nomic Assistance’’ in such report. 

20 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

21 SEC. 7020. None of the funds appropriated or other22 wise made available by this Act under the headings ‘‘Inter23 national Military Education and Training’’ or ‘‘Foreign 

24 Military Financing Program’’ for Informational Program 

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


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

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

3 (1) alcoholic beverages; or 

4 (2) entertainment expenses for activities that 

5 are substantially of a recreational character, includ6 ing but not limited to entrance fees at sporting 

7 events, theatrical and musical productions, and 

8 amusement parks. 

9 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN10 MENTS THAT EXPORT LETHAL MILITARY EQUIP11 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

12 TERRORISM

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

14 otherwise made available by titles III through VI of this 

15 Act may be available to any foreign government which pro16 vides lethal military equipment to a country the govern17 ment of which the Secretary of State has determined is 

18 a government that supports international terrorism for 

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

20 of 1979. The prohibition under this section with respect 

21 to a foreign government shall terminate 12 months after 

22 that government ceases to provide such military equip23 ment. This section applies with respect to lethal military 

24 equipment provided under a contract entered into after 

25 October 1, 1997. 


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

2 other similar provision of law, may be furnished if the 

3 President determines that furnishing such assistance is 

4 important to the national interests of the United States. 

5 (c) Whenever the President makes a determination 

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

7 the appropriate congressional committees a report with re8 spect to the furnishing of such assistance. Any such report 

9 shall include a detailed explanation of the assistance to 

10 be provided, including the estimated dollar amount of such 

11 assistance, and an explanation of how the assistance fur12 thers United States national interests. 

13 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

14 COUNTRIES

15 SEC. 7022. (a) Funds appropriated for bilateral as16 sistance under any heading in titles III through VI of this 

17 Act and funds appropriated under any such heading in 

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

19 Act, shall not be made available to any country which the 

20 President determines— 

21 (1) grants sanctuary from prosecution to any 

22 individual or group which has committed an act of 

23 international terrorism; or 

24 (2) otherwise supports international terrorism. 


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1 (b) The President may waive the application of sub2 section (a) to a country if the President determines that 

3 national security or humanitarian reasons justify such 

4 waiver. The President shall publish each waiver in the 

5 Federal Register and, at least 15 days before the waiver 

6 takes effect, shall notify the Committees on Appropria7 tions of the waiver (including the justification for the waiv8 er) in accordance with the regular notification procedures 

9 of the Committees on Appropriations. 

10 AUTHORIZATION REQUIREMENTS

11 SEC. 7023. Funds appropriated by this Act, except 

12 funds appropriated under the heading ‘‘Trade and Devel13 opment Agency’’, may be obligated and expended notwith14 standing section 10 of Public Law 91–672, section 15 of 

15 the State Department Basic Authorities Act of 1956, sec16 tion 313 of the Foreign Relations Authorization Act, Fis17 cal Years 1994 and 1995 (Public Law 103–236), and sec18 tion 504(a)(1) of the National Security Act of 1947 (50 

19 U.S.C. 414(a)(1)). 

20 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

21 SEC. 7024. For the purpose of titles II through VI 

22 of this Act ‘‘program, project, and activity’’ shall be de23 fined at the appropriations Act account level and shall in24 clude all appropriations and authorizations Acts funding 

25 directives, ceilings, and limitations with the exception that 


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1 for the following accounts: ‘‘Economic Support Fund’’ and 

2 ‘‘Foreign Military Financing Program’’, ‘‘program, 

3 project, and activity’’ shall also be considered to include 

4 country, regional, and central program level funding with5 in each such account; for the development assistance ac6 counts of the United States Agency for International De7 velopment ‘‘program, project, and activity’’ shall also be 

8 considered to include central, country, regional, and pro9 gram level funding, either as: (1) justified to the Congress; 

10 or (2) allocated by the executive branch in accordance with 

11 a report, to be provided to the Committees on Appropria12 tions within 30 days of the enactment of this Act, as re13 quired by section 653(a) of the Foreign Assistance Act 

14 of 1961. 

15 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

16 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

17 SEC. 7025. Unless expressly provided to the contrary, 

18 provisions of this or any other Act, including provisions 

19 contained in prior Acts authorizing or making appropria20 tions for the Department of State, foreign operations, and 

21 related programs, shall not be construed to prohibit activi22 ties authorized by or conducted under the Peace Corps 

23 Act, the Inter-American Foundation Act or the African 

24 Development Foundation Act. The agency shall promptly 

25 report to the Committees on Appropriations whenever it 


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1 is conducting activities or is proposing to conduct activi2 ties in a country for which assistance is prohibited. 

3 COMMERCE, TRADE AND SURPLUS COMMODITIES

4 SEC. 7026. (a) None of the funds appropriated or 

5 made available pursuant to titles III through VI of this 

6 Act for direct assistance and none of the funds otherwise 

7 made available to the Export-Import Bank and the Over8 seas Private Investment Corporation shall be obligated or 

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

10 financial commitments for establishing or expanding pro11 duction of any commodity for export by any country other 

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

13 in surplus on world markets at the time the resulting pro14 ductive capacity is expected to become operative and if the 

15 assistance will cause substantial injury to United States 

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

17 Provided, That such prohibition shall not apply to the Ex18 port-Import Bank if in the judgment of its Board of Direc19 tors the benefits to industry and employment in the 

20 United States are likely to outweigh the injury to United 

21 States producers of the same, similar, or competing com22 modity, and the Chairman of the Board so notifies the 

23 Committees on Appropriations. 

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

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


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1 Assistance Act of 1961 shall be available for any testing 

2 or breeding feasibility study, variety improvement or intro3 duction, consultancy, publication, conference, or training 

4 in connection with the growth or production in a foreign 

5 country of an agricultural commodity for export which 

6 would compete with a similar commodity grown or pro7 duced in the United States: Provided, That this subsection 

8 shall not prohibit— 

9 (1) activities designed to increase food security 

10 in developing countries where such activities will not 

11 have a significant impact on the export of agricul12 tural commodities of the United States; or 

13 (2) research activities intended primarily to 

14 benefit American producers. 

15 (c) The Secretary of the Treasury shall instruct the 

16 United States Executive Directors of the International 

17 Bank for Reconstruction and Development, the Inter18 national Development Association, the International Fi19 nance Corporation, the Inter-American Development 

20 Bank, the International Monetary Fund, the Asian Devel21 opment Bank, the Inter-American Investment Corpora22 tion, the North American Development Bank, the Euro23 pean Bank for Reconstruction and Development, the Afri24 can Development Bank, and the African Development 

25 Fund to use the voice and vote of the United States to 


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1 oppose any assistance by these institutions, using funds 

2 appropriated or made available pursuant to titles III 

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

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

5 on world markets and if the assistance will cause substan6 tial injury to United States producers of the same, similar, 

7 or competing commodity. 

8 SEPARATE ACCOUNTS

9 SEC. 7027. (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 regular notification 

7 procedures of the Committees on Appropriations. 

8 ELIGIBILITY FOR ASSISTANCE

9 SEC. 7028. (a) ASSISTANCE THROUGH NONGOVERN10 MENTAL ORGANIZATIONS.—Restrictions contained in this 

11 or any other Act with respect to assistance for a country 

12 shall not be construed to restrict assistance in support of 

13 programs of nongovernmental organizations from funds 

14 appropriated by this Act to carry out the provisions of 

15 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

16 part II of the Foreign Assistance Act of 1961, and from 

17 funds appropriated under the heading ‘‘Assistance for Eu18 rope, Eurasia and Central Asia’’: Provided, That before 

19 using the authority of this subsection to furnish assistance 

20 in support of programs of nongovernmental organizations, 

21 the President shall notify the Committees on Appropria22 tions under the regular notification procedures of those 

23 committees, including a description of the program to be 

24 assisted, the assistance to be provided, and the reasons 

25 for furnishing such assistance: Provided further, That 


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1 nothing in this subsection shall be construed to alter any 

2 existing statutory prohibitions against abortion or involun3 tary sterilizations contained in this or any other Act. 

4 (b) PUBLIC LAW 480.—During fiscal year 2010, re5 strictions contained in this or any other Act with respect 

6 to assistance for a country shall not be construed to re7 strict assistance under the Agricultural Trade Develop8 ment and Assistance Act of 1954: Provided, That none 

9 of the funds appropriated to carry out title I of such Act 

10 and made available pursuant to this subsection may be 

11 obligated or expended except as provided through the reg12 ular notification procedures of the Committees on Appro13 priations. 

14 (c) EXCEPTION.—This section shall not apply— 

15 (1) with respect to section 620A of the Foreign 

16 Assistance Act of 1961 or any comparable provision 

17 of law prohibiting assistance to countries that sup18 port international terrorism; or 

19 (2) with respect to section 116 of the Foreign 

20 Assistance Act of 1961 or any comparable provision 

21 of law prohibiting assistance to the government of a 

22 country that violates internationally recognized 

23 human rights. 


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1 IMPACT ON JOBS IN THE UNITED STATES

2 SEC. 7029. None of the funds appropriated under ti3 tles III through VI of this Act may be obligated or ex4 pended to provide— 

5 (1) any financial incentive to a business enter6 prise currently located in the United States for the 

7 purpose of inducing such an enterprise to relocate 

8 outside the United States if such incentive or in9 ducement is likely to reduce the number of employ10 ees of such business enterprise in the United States 

11 because United States production is being replaced 

12 by such enterprise outside the United States; or 

13 (2) assistance for any program, project, or ac14 tivity that contributes to the violation of internation15 ally recognized workers rights, as defined in section 

16 507(4) of the Trade Act of 1974, of workers in the 

17 recipient country, including any designated zone or 

18 area in that country: Provided, That the application 

19 of section 507(4)(D) and (E) of such Act should be 

20 commensurate with the level of development of the 

21 recipient country and sector, and shall not preclude 

22 assistance for the informal sector in such country, 

23 micro and small-scale enterprise, and smallholder 

24 agriculture. 


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1 INTERNATIONAL FINANCIAL INSTITUTIONS

2 SEC. 7030. (a) None of the funds appropriated in 

3 title V of this Act may be made as payment to any inter4 national financial institution while the United States Ex5 ecutive Director to such institution is compensated by the 

6 institution at a rate which, together with whatever com7 pensation such Director receives from the United States, 

8 is in excess of the rate provided for an individual occu9 pying a position at level IV of the Executive Schedule 

10 under section 5315 of title 5, United States Code, or while 

11 any alternate United States Director to such institution 

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

13 the rate provided for an individual occupying a position 

14 at level V of the Executive Schedule under section 5316 

15 of title 5, United States Code. 

16 (b) The Secretary of the Treasury shall instruct the 

17 United States Executive Director at each international fi18 nancial institution to oppose any loan, grant, strategy or 

19 policy of these institutions that would require user fees 

20 or service charges on poor people for primary education 

21 or primary healthcare, including prevention, care and 

22 treatment for HIV/AIDS, malaria, tuberculosis, and in23 fant, child, and maternal well-being, in connection with the 

24 institutions’ financing programs. 


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1 (c) The Secretary of the Treasury shall instruct the 

2 United States Executive Director of the International 

3 Monetary Fund to use the voice and vote of the United 

4 States to oppose any loan, project, agreement, memo5 randum, instrument, plan, or other program of the Fund 

6 to a Heavily Indebted Poor Country that imposes budget 

7 caps or restraints that do not allow the maintenance of 

8 or an increase in governmental spending on health care 

9 or education; and to promote government spending on 

10 health care, education, food aid, or other critical safety 

11 net programs in all of the Fund’s activities with respect 

12 to Heavily Indebted Poor Countries. 

13 (d) For purposes of this section ‘‘international finan14 cial institutions’’ are the International Bank for Recon15 struction and Development, the Inter-American Develop16 ment Bank, the Asian Development Bank, the Asian De17 velopment Fund, the African Development Bank, the Afri18 can Development Fund, the International Monetary Fund, 

19 the North American Development Bank, and the Euro20 pean Bank for Reconstruction and Development. 

21 DEBT-FOR-DEVELOPMENT

22 SEC. 7031. 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 


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1 the United States Agency for International Development 

2 may place in interest bearing accounts local currencies 

3 which accrue to that organization as a result of economic 

4 assistance provided under title III of this Act and, subject 

5 to the regular notification procedures of the Committees 

6 on Appropriations, any interest earned on such investment 

7 shall be used for the purpose for which the assistance was 

8 provided to that organization. 

9 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

10 SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUC11 TION, OR CANCELLATION.— 

12 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

13 CERTAIN LOANS.—Notwithstanding any other provi14 sion of law, the President may, in accordance with 

15 this section, sell to any eligible purchaser any 

16 concessional loan or portion thereof made before 

17 January 1, 1995, pursuant to the Foreign Assist18 ance Act of 1961, to the government of any eligible 

19 country as defined in section 702(6) of that Act or 

20 on receipt of payment from an eligible purchaser, re21 duce or cancel such loan or portion thereof, only for 

22 the purpose of facilitating— 

23 (A) debt-for-equity swaps, debt-for-develop24 ment swaps, or debt-for-nature swaps; or 


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1 (B) a debt buyback by an eligible country 

2 of its own qualified debt, only if the eligible 

3 country uses an additional amount of the local 

4 currency of the eligible country, equal to not 

5 less than 40 percent of the price paid for such 

6 debt by such eligible country, or the difference 

7 between the price paid for such debt and the 

8 face value of such debt, to support activities 

9 that link conservation and sustainable use of 

10 natural resources with local community develop11 ment, and child survival and other child devel12 opment, in a manner consistent with sections 

13 707 through 710 of the Foreign Assistance Act 

14 of 1961, if the sale, reduction, or cancellation 

15 would not contravene any term or condition of 

16 any prior agreement relating to such loan. 

17 (2) TERMS AND CONDITIONS.—Notwithstanding 

18 any other provision of law, the President shall, in ac19 cordance with this section, establish the terms and 

20 conditions under which loans may be sold, reduced, 

21 or canceled pursuant to this section. 

22 (3) ADMINISTRATION.—The Facility, as defined 

23 in section 702(8) of the Foreign Assistance Act of 

24 1961, shall notify the administrator of the agency 

25 primarily responsible for administering part I of the 


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1 Foreign Assistance Act of 1961 of purchasers that 

2 the President has determined to be eligible, and 

3 shall direct such agency to carry out the sale, reduc4 tion, or cancellation of a loan pursuant to this sec5 tion. Such agency shall make adjustment in its ac6 counts to reflect the sale, reduction, or cancellation. 

7 (4) LIMITATION.—The authorities of this sub8 section shall be available only to the extent that ap9 propriations for the cost of the modification, as de10 fined in section 502 of the Congressional Budget Act 

11 of 1974, are made in advance. 

12 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

13 sale, reduction, or cancellation of any loan sold, reduced, 

14 or canceled pursuant to this section shall be deposited in 

15 the United States Government account or accounts estab16 lished for the repayment of such loan. 

17 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

18 pursuant to subsection (a)(1)(A) only to a purchaser who 

19 presents plans satisfactory to the President for using the 

20 loan for the purpose of engaging in debt-for-equity swaps, 

21 debt-for-development swaps, or debt-for-nature swaps. 

22 (d) DEBTOR CONSULTATIONS.—Before the sale to 

23 any eligible purchaser, or any reduction or cancellation 

24 pursuant to this section, of any loan made to an eligible 

25 country, the President should consult with the country 


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1 concerning the amount of loans to be sold, reduced, or 

2 canceled and their uses for debt-for-equity swaps, debt3 for-development swaps, or debt-for-nature swaps. 

4 (e) AVAILABILITY OF FUNDS.—The authority pro5 vided by subsection (a) may be used only with regard to 

6 funds appropriated by this Act under the heading ‘‘Debt 

7 Restructuring’’. 

8 SPECIAL DEBT RELIEF FOR THE POOREST

9 SEC. 7033. (a) AUTHORITY TO REDUCE DEBT.—The 

10 President may reduce amounts owed to the United States 

11 (or any agency of the United States) by an eligible country 

12 as a result of— 

13 (1) guarantees issued under sections 221 and 

14 222 of the Foreign Assistance Act of 1961; 

15 (2) credits extended or guarantees issued under 

16 the Arms Export Control Act; or 

17 (3) any obligation or portion of such obligation, 

18 to pay for purchases of United States agricultural 

19 commodities guaranteed by the Commodity Credit 

20 Corporation under export credit guarantee programs 

21 authorized pursuant to section 5(f) of the Com22 modity Credit Corporation Charter Act of June 29, 

23 1948, as amended, section 4(b) of the Food for 

24 Peace Act of 1966, as amended (Public Law 89– 


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1 808), or section 202 of the Agricultural Trade Act 

2 of 1978, as amended (Public Law 95–501). 

3 (b) LIMITATIONS.— 

4 (1) The authority provided by subsection (a) 

5 may be exercised only to implement multilateral offi6 cial debt relief and referendum agreements, com7 monly referred to as ‘‘Paris Club Agreed Minutes’’. 

8 (2) The authority provided by subsection (a) 

9 may be exercised only in such amounts or to such 

10 extent as is provided in advance by appropriations 

11 Acts. 

12 (3) The authority provided by subsection (a) 

13 may be exercised only with respect to countries with 

14 heavy debt burdens that are eligible to borrow from 

15 the International Development Association, but not 

16 from the International Bank for Reconstruction and 

17 Development, commonly referred to as ‘‘IDA-only’’ 

18 countries. 

19 (c) CONDITIONS.—The authority provided by sub20 section (a) may be exercised only with respect to a country 

21 whose government— 

22 (1) does not have an excessive level of military 

23 expenditures; 

24 (2) has not repeatedly provided support for acts 

25 of international terrorism; 


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1 (3) is not failing to cooperate on international 

2 narcotics control matters; 

3 (4) (including its military or other security 

4 forces) does not engage in a consistent pattern of 

5 gross violations of internationally recognized human 

6 rights; and 

7 (5) is not ineligible for assistance because of the 

8 application of section 527 of the Foreign Relations 

9 Authorization Act, Fiscal Years 1994 and 1995. 

10 (d) AVAILABILITY OF FUNDS.—The authority pro11 vided by subsection (a) may be used only with regard to 

12 the funds appropriated by this Act under the heading 

13 ‘‘Debt Restructuring’’. 

14 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re15 duction of debt pursuant to subsection (a) shall not be 

16 considered assistance for the purposes of any provision of 

17 law limiting assistance to a country. The authority pro18 vided by subsection (a) may be exercised notwithstanding 

19 section 620(r) of the Foreign Assistance Act of 1961 or 

20 section 321 of the International Development and Food 

21 Assistance Act of 1975. 

22 SPECIAL AUTHORITIES

23 SEC. 7034. (a) AFGHANISTAN, IRAQ, PAKISTAN, 

24 LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED

25 CHILDREN, AND DISPLACED BURMESE.—Funds approVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 priated under titles III through VI of this Act that are 

2 made available for assistance for Afghanistan may be 

3 made available notwithstanding section 7012 of this Act 

4 or any similar provision of law and section 660 of the For5 eign Assistance Act of 1961, and funds appropriated in 

6 titles III and VI of this Act that are made available for 

7 Iraq, Lebanon, Montenegro, Pakistan, and for victims of 

8 war, displaced children, and displaced Burmese, and to as9 sist victims of trafficking in persons and, subject to the 

10 regular notification procedures of the Committees on Ap11 propriations, to combat such trafficking, may be made 

12 available notwithstanding any other provision of law. 

13 (b)(1) WAIVER.—The President may waive the provi14 sions of section 1003 of Public Law 100–204 if the Presi15 dent determines and certifies in writing to the Speaker 

16 of the House of Representatives and the President pro 

17 tempore of the Senate that it is important to the national 

18 security interests of the United States. 

19 (2) PERIOD OF APPLICATION OF WAIVER.—Any 

20 waiver pursuant to paragraph (1) shall be effective for no 

21 more than a period of 6 months at a time and shall not 

22 apply beyond 12 months after the enactment of this Act. 

23 (c) SMALL BUSINESS.—In entering into multiple 

24 award indefinite-quantity contracts with funds appro25 priated by this Act, the United States Agency for InterVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 national Development may provide an exception to the fair 

2 opportunity process for placing task orders under such 

3 contracts when the order is placed with any category of 

4 small or small disadvantaged business. 

5 (d) VIETNAMESE REFUGEES.—Section 594(a) of the 

6 Foreign Operations, Export Financing, and Related Pro7 grams Appropriations Act, 2005 (enacted as division D 

8 of Public Law 108–447; 118 Stat. 3038) is amended by 

9 striking ‘‘2010’’ and inserting ‘‘2011’’. 

10 (e) RECONSTITUTING CIVILIAN POLICE AUTHOR11 ITY.—In providing assistance with funds appropriated by 

12 this Act under section 660(b)(6) of the Foreign Assistance 

13 Act of 1961, support for a nation emerging from insta14 bility may be deemed to mean support for regional, dis15 trict, municipal, or other sub-national entity emerging 

16 from instability, as well as a nation emerging from insta17 bility. 

18 (f) INTERNATIONAL PRISON CONDITIONS.—Funds 

19 appropriated by this Act to carry out the provisions of 

20 chapters 1 and 11 of part I and chapter 4 of part II of 

21 the Foreign Assistance Act of 1961, and the Support for 

22 East European Democracy (SEED) Act of 1989, shall be 

23 made available notwithstanding section 660 of the Foreign 

24 Assistance Act of 1961 for assistance to address inhumane 

25 conditions in prisons and other detention facilities adminVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 istered by foreign governments that the Secretary of State 

2 determines are making efforts to address, among other 

3 things, prisoners’ health, sanitation, nutrition and other 

4 basic needs. 

5 (g) EXTENSION OF AUTHORITY.—The Foreign Oper6 ations, Export Financing, and Related Programs Appro7 priations Act, 1990 (Public Law 101–167) is amended— 

8 (1) in section 599D (8 U.S.C. 1157 note)— 

9 (A) in subsection (b)(3), by striking ‘‘and 

10 2009’’ and inserting ‘‘2009, and 2010’’; and 

11 (B) in subsection (e), by striking ‘‘2009’’ 

12 each place it appears and inserting ‘‘2010’’; and 

13 (2) in section 599E (8 U.S.C. 1255 note) in 

14 subsection (b)(2), by striking ‘‘2009’’ and inserting 

15 ‘‘2010’’. 

16 (h) WORLD FOOD PROGRAM.—Of the funds managed 

17 by the Bureau for Democracy, Conflict, and Humanitarian 

18 Assistance of the United States Agency for International 

19 Development, from this or any other Act, not less than 

20 $10,000,000 shall be made available as a general contribu21 tion to the World Food Program, notwithstanding any 

22 other provision of law. 

23 (i) DISARMAMENT, DEMOBILIZATION AND RE24 INTEGRATION.—Notwithstanding any other provision of 

25 law, regulation or Executive order, funds appropriated by 


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1 this Act and prior Acts making appropriations for the De2 partment of State, foreign operations, and related pro3 grams under the headings ‘‘Economic Support Fund’’, 

4 ‘‘Peacekeeping Operations’’, ‘‘International Disaster As5 sistance’’, and ‘‘Transition Initiatives’’ should be made 

6 available to support programs to disarm, demobilize, and 

7 reintegrate into civilian society former members of foreign 

8 terrorist organizations: Provided, That the Secretary of 

9 State shall consult with the Committees on Appropriations 

10 prior to the obligation of funds pursuant to this sub11 section: Provided further, That for the purposes of this 

12 subsection the term ‘‘foreign terrorist organization’’ 

13 means an organization designated as a terrorist organiza14 tion under section 219 of the Immigration and Nationality 

15 Act. 

16 (j) PROGRAM FOR RESEARCH AND TRAINING ON

17 EASTERN EUROPE AND THE INDEPENDENT STATES OF

18 THE FORMER SOVIET UNION.—Of the funds appropriated 

19 by this Act under the heading, ‘‘Economic Support Fund’’, 

20 not less than $5,000,000 shall be made available to carry 

21 out the Program for Research and Training on Eastern 

22 Europe and the Independent States of the Former Soviet 

23 Union (title VIII) as authorized by the Soviet-Eastern Eu24 ropean Research and Training Act of 1983 (22 U.S.C. 

25 4501–4508, as amended). 


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1 (k) MIDDLE EAST FOUNDATION.—Funds appro2 priated by this Act and prior Acts for a Middle East Foun3 dation shall be subject to the regular notification proce4 dures of the Committees on Appropriations. 

5 (l) INTERPARLIAMENTARY EXCHANGES.—Of the un6 obligated funds in the ‘‘Educational and Cultural Ex7 change Programs’’ appropriation account, $411,687 shall 

8 be transferred to the permanent appropriation for delega9 tion expenses provided under Section 303 of the Depart10 ments of Commerce, Justice, and State, the Judiciary, and 

11 Related Agencies Appropriations Act, 1988, as enacted 

12 into law by section 101(a) of Public Law 100-202 (22 

13 USC 276e Note), for the purpose of conducting Inter14 parliamentary Exchanges and shall remain available until 

15 expended. 

16 ARAB LEAGUE BOYCOTT OF ISRAEL

17 SEC. 7035. It is the sense of the Congress that— 

18 (1) the Arab League boycott of Israel, and the 

19 secondary boycott of American firms that have com20 mercial ties with Israel, is an impediment to peace 

21 in the region and to United States investment and 

22 trade in the Middle East and North Africa; 

23 (2) the Arab League boycott, which was regret24 tably reinstated in 1997, should be immediately and 


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1 publicly terminated, and the Central Office for the 

2 Boycott of Israel immediately disbanded; 

3 (3) all Arab League states should normalize re4 lations with their neighbor Israel; 

5 (4) the President and the Secretary of State 

6 should continue to vigorously oppose the Arab 

7 League boycott of Israel and find concrete steps to 

8 demonstrate that opposition by, for example, taking 

9 into consideration the participation of any recipient 

10 country in the boycott when determining to sell 

11 weapons to said country; and 

12 (5) the President should report to Congress an13 nually on specific steps being taken by the United 

14 States to encourage Arab League states to normalize 

15 their relations with Israel to bring about the termi16 nation of the Arab League boycott of Israel, includ17 ing those to encourage allies and trading partners of 

18 the United States to enact laws prohibiting busi19 nesses from complying with the boycott and penal20 izing businesses that do comply. 

21 PALESTINIAN STATEHOOD

22 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

23 of the funds appropriated under titles III through VI of 

24 this Act may be provided to support a Palestinian state 


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1 unless the Secretary of State determines and certifies to 

2 the appropriate congressional committees that— 

3 (1) the governing entity of a new Palestinian 

4 state— 

5 (A) has demonstrated a firm commitment 

6 to peaceful co-existence with the State of Israel; 

7 (B) is taking appropriate measures to 

8 counter terrorism and terrorist financing in the 

9 West Bank and Gaza, including the dismantling 

10 of terrorist infrastructures, and is cooperating 

11 with appropriate Israeli and other appropriate 

12 security organizations; and 

13 (2) the Palestinian Authority (or the governing 

14 entity of a new Palestinian state) is working with 

15 other countries in the region to vigorously pursue ef16 forts to establish a just, lasting, and comprehensive 

17 peace in the Middle East that will enable Israel and 

18 an independent Palestinian state to exist within the 

19 context of full and normal relationships, which 

20 should include— 

21 (A) termination of all claims or states of 

22 belligerency; 

23 (B) respect for and acknowledgment of the 

24 sovereignty, territorial integrity, and political 

25 independence of every state in the area through 


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1 measures including the establishment of demili2 tarized zones; 

3 (C) their right to live in peace within se4 cure and recognized boundaries free from 

5 threats or acts of force; 

6 (D) freedom of navigation through inter7 national waterways in the area; and 

8 (E) a framework for achieving a just set9 tlement of the refugee problem. 

10 (b) SENSE OF CONGRESS.—It is the sense of Con11 gress that the governing entity should enact a constitution 

12 assuring the rule of law, an independent judiciary, and 

13 respect for human rights for its citizens, and should enact 

14 other laws and regulations assuring transparent and ac15 countable governance. 

16 (c) WAIVER.—The President may waive subsection 

17 (a) if he determines that it is important to the national 

18 security interests of the United States to do so. 

19 (d) EXEMPTION.—The restriction in subsection (a) 

20 shall not apply to assistance intended to help reform the 

21 Palestinian Authority and affiliated institutions, or the 

22 governing entity, in order to help meet the requirements 

23 of subsection (a), consistent with the provisions of section 

24 7040 of this Act (‘‘Limitation on Assistance to the Pales25 tinian Authority’’). 


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1 RESTRICTIONS CONCERNING THE PALESTINIAN

2 AUTHORITY

3 SEC. 7037. None of the funds appropriated under ti4 tles II through VI of this Act may be obligated or ex5 pended to create in any part of Jerusalem a new office 

6 of any department or agency of the United States Govern7 ment for the purpose of conducting official United States 

8 Government business with the Palestinian Authority over 

9 Gaza and Jericho or any successor Palestinian governing 

10 entity provided for in the Israel-PLO Declaration of Prin11 ciples: Provided, That this restriction shall not apply to 

12 the acquisition of additional space for the existing Con13 sulate General in Jerusalem: Provided further, That meet14 ings between officers and employees of the United States 

15 and officials of the Palestinian Authority, or any successor 

16 Palestinian governing entity provided for in the Israel17 PLO Declaration of Principles, for the purpose of con18 ducting official United States Government business with 

19 such authority should continue to take place in locations 

20 other than Jerusalem. As has been true in the past, offi21 cers and employees of the United States Government may 

22 continue to meet in Jerusalem on other subjects with Pal23 estinians (including those who now occupy positions in the 

24 Palestinian Authority), have social contacts, and have inci25 dental discussions. 


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1 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

2 BROADCASTING CORPORATION

3 SEC. 7038. None of the funds appropriated or other4 wise made available by this Act may be used to provide 

5 equipment, technical support, consulting services, or any 

6 other form of assistance to the Palestinian Broadcasting 

7 Corporation. 

8 ASSISTANCE FOR THE WEST BANK AND GAZA

9 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2010, 

10 30 days prior to the initial obligation of funds for the bi11 lateral West Bank and Gaza Program, the Secretary of 

12 State shall certify to the Committees on Appropriations 

13 that procedures have been established to assure the Comp14 troller General of the United States will have access to 

15 appropriate United States financial information in order 

16 to review the uses of United States assistance for the Pro17 gram funded under the heading ‘‘Economic Support 

18 Fund’’ for the West Bank and Gaza. 

19 (b) VETTING.—Prior to the obligation of funds ap20 propriated by this Act under the heading ‘‘Economic Sup21 port Fund’’ for assistance for the West Bank and Gaza, 

22 the Secretary of State shall take all appropriate steps to 

23 ensure that such assistance is not provided to or through 

24 any individual, private or government entity, or edu25 cational institution that the Secretary knows or has reason 


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1 to believe advocates, plans, sponsors, engages in, or has 

2 engaged in, terrorist activity nor, with respect to private 

3 entities or educational institutions, those that have as a 

4 principal officer of the entity’s governing board or gov5 erning board of trustees any individual that has been de6 termined to be involved in, or advocating terrorist activity 

7 or determined to be a member of a designated foreign ter8 rorist organization. The Secretary of State shall, as appro9 priate, establish procedures specifying the steps to be 

10 taken in carrying out this subsection and shall terminate 

11 assistance to any individual, entity, or educational institu12 tion which the Secretary has determined to be involved 

13 in or advocating terrorist activity. 

14 (c) PROHIBITION.— 

15 (1) None of the funds appropriated under titles 

16 III through VI of this Act for assistance under the 

17 West Bank and Gaza Program may be made avail18 able for the purpose of recognizing or otherwise hon19 oring individuals who commit, or have committed 

20 acts of terrorism. 

21 (2) Notwithstanding any other provision of law, 

22 none of the funds made available by this or prior ap23 propriations act, including funds made available by 

24 transfer, may be made available for obligation for se25 curity assistance for the West Bank and Gaza until 


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1 the Secretary of State reports to the Committees on 

2 Appropriations on the benchmarks that have been 

3 established for security assistance for the West 

4 Bank and Gaza and reports on the extent of Pales5 tinian compliance with such benchmarks. 

6 (d) AUDITS.— 

7 (1) The Administrator of the United States 

8 Agency for International Development shall ensure 

9 that Federal or non-Federal audits of all contractors 

10 and grantees, and significant subcontractors and 

11 sub-grantees, under the West Bank and Gaza Pro12 gram, are conducted at least on an annual basis to 

13 ensure, among other things, compliance with this 

14 section. 

15 (2) Of the funds appropriated by this Act up to 

16 $500,000 may be used by the Office of the Inspector 

17 General of the United States Agency for Inter18 national Development for audits, inspections, and 

19 other activities in furtherance of the requirements of 

20 this subsection. Such funds are in addition to funds 

21 otherwise available for such purposes. 

22 (e) Subsequent to the certification specified in sub23 section (a), the Comptroller General of the United States 

24 shall conduct an audit and an investigation of the treat25 ment, handling, and uses of all funds for the bilateral 


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1 West Bank and Gaza Program, including all funds pro2 vided as cash transfer assistance, in fiscal year 2010 

3 under the heading ‘‘Economic Support Fund’’. The audit 

4 shall address— 

5 (1) the extent to which such Program complies 

6 with the requirements of subsections (b) and (c), 

7 and 

8 (2) an examination of all programs, projects, 

9 and activities carried out under such Program, in10 cluding both obligations and expenditures. 

11 (f) Funds made available in this Act for West Bank 

12 and Gaza shall be subject to the regular notification proce13 dures of the Committees on Appropriations. 

14 (g) Not later than 180 days after enactment of this 

15 Act, the Secretary of State shall submit a report to the 

16 Committees on Appropriations updating the report con17 tained in section 2106 of chapter 2 of title II of Public 

18 Law 109–13. 

19 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

20 AUTHORITY

21 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

22 the funds appropriated by this Act to carry out the provi23 sions of chapter 4 of part II of the Foreign Assistance 

24 Act of 1961 may be obligated or expended with respect 

25 to providing funds to the Palestinian Authority. 


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1 (b) WAIVER.—The prohibition included in subsection 

2 (a) shall not apply if the President certifies in writing to 

3 the Speaker of the House of Representatives, the Presi4 dent pro tempore of the Senate, and the Committees on 

5 Appropriations that waiving such prohibition is important 

6 to the national security interests of the United States. 

7 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

8 waiver pursuant to subsection (b) shall be effective for no 

9 more than a period of 6 months at a time and shall not 

10 apply beyond 12 months after the enactment of this Act. 

11 (d) REPORT.—Whenever the waiver authority pursu12 ant to subsection (b) is exercised, the President shall sub13 mit a report to the Committees on Appropriations detail14 ing the justification for the waiver, the purposes for which 

15 the funds will be spent, and the accounting procedures in 

16 place to ensure that the funds are properly disbursed. The 

17 report shall also detail the steps the Palestinian Authority 

18 has taken to arrest terrorists, confiscate weapons and dis19 mantle the terrorist infrastructure. 

20 (e) CERTIFICATION.—If the President exercises the 

21 waiver authority under subsection (b), the Secretary of 

22 State must certify and report to the Committees on Ap23 propriations prior to the obligation of funds that the Pal24 estinian Authority has established a single treasury ac25 count for all Palestinian Authority financing and all fiVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 nancing mechanisms flow through this account, no parallel 

2 financing mechanisms exist outside of the Palestinian Au3 thority treasury account, and there is a single comprehen4 sive civil service roster and payroll. 

5 (f) PROHIBITION TO HAMAS AND THE PALESTINE

6 LIBERATION ORGANIZATION.— 

7 (1) None of the funds appropriated in titles III 

8 through VI of this Act may be obligated for salaries 

9 of personnel of the Palestinian Authority located in 

10 Gaza or may be obligated or expended for assistance 

11 to Hamas or any entity effectively controlled by 

12 Hamas or any power-sharing government of which 

13 Hamas is a member. 

14 (2) Notwithstanding the limitation of subsection 

15 (1), assistance may be provided to a power-sharing 

16 government only if the President certifies and re17 ports to the Committees on Appropriations that such 

18 government, including all of its ministers or such 

19 equivalent, has publicly accepted and is complying 

20 with the principles contained in section 

21 620K(b)(1)(A) and (B) of the Foreign Assistance 

22 Act of 1961, as amended. 

23 (3) The President may exercise the authority in 

24 section 620K(e) of the Foreign Assistance Act as 

25 added by the Palestinian Anti-Terrorism Act of 


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1 2006 (Public Law 109-446) with respect to this sub2 section. 

3 (4) Whenever the certification pursuant to 

4 paragraph (2) is exercised, the Secretary of State 

5 shall submit a report to the Committees on Appro6 priations within 120 days of the certification and 

7 every quarter thereafter on whether such govern8 ment, including all of its ministers or such equiva9 lent are continuing to comply with the principles 

10 contained in section 620K(b)(l) (A) and (B) of the 

11 Foreign Assistance Act of 1961, as amended. The 

12 report shall also detail the amount, purposes and de13 livery mechanisms for any assistance provided pur14 suant to the abovementioned certification and a full 

15 accounting of any direct support of such govern16 ment. 

17 (5) None of the funds appropriated under titles 

18 III through VI of this Act may be obligated for as19 sistance for the Palestine Liberation Organization. 

20 SAUDI ARABIA

21 SEC. 7041. None of the funds made available in this 

22 Act may be obligated or expended to finance any assist23 ance to Saudi Arabia unless the President certifies that 

24 Saudi Arabia is fully cooperating with efforts to combat 


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1 international terrorism and such assistance will facilitate 

2 these efforts. 

3 IRAQ

4 SEC. 7042. (a) MATCHING REQUIREMENT.—Funds 

5 appropriated in this Act for assistance for Iraq shall be 

6 made available in accordance with the Department of 

7 State’s April 9, 2009, ‘‘Guidelines for Government of Iraq 

8 Financial Participation in United States Government9 Funded Civilian Foreign Assistance Programs and 

10 Projects’’. 

11 (b) BASE RIGHTS.—None of the funds made avail12 able in this Act may be used by the Government of the 

13 United States to enter into a permanent basing rights 

14 agreement between the United States and Iraq. 

15 IRAN

16 SEC. 7043. (a) DIPLOMACY WITH IRAN.—Not later 

17 than 90 days after the enactment of this Act and every 

18 90 days thereafter, the Secretary of State shall report to 

19 the Committees on Appropriations, in classified form if 

20 necessary, on the status and progress of diplomatic efforts 

21 aimed at curtailing the pursuit by Iran of nuclear weapons 

22 technology. 

23 (b) LIMITATION ON THE USE OF FUNDS BY THE EX24 PORT-IMPORT BANK RELATED TO IRAN.—None of the 

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1 gram Account’’ and ‘‘Subsidy Appropriation’’ may be used 

2 by the Export-Import Bank of the United States to guar3 antee, insure, or extend credit for any project controlled 

4 by an energy producer or refiner that provides the Islamic 

5 Republic of Iran with significant refined petroleum re6 sources, that materially contributes to Iran’s capability to 

7 import refined petroleum resources, or that allows Iran to 

8 maintain or expand, in any material respect, its domestic 

9 production of refined petroleum resources, including any 

10 assistance in refinery construction, modernization, or re11 pair. 

12 (c) SANCTIONS REPORT.—Not later than 90 days 

13 after enactment of this Act, the Secretary of State shall 

14 submit a report to the Committees on Appropriations on 

15 the status of multilateral and bilateral United States sanc16 tions against Iran and actions taken by the United States 

17 and the international community to enforce sanctions 

18 against Iran. The report, which may be submitted in clas19 sified form if necessary, shall include the following: 

20 (1) A list of all current United States bilateral 

21 and multilateral sanctions against Iran; 

22 (2) A list of all United States and foreign reg23 istered entities which the Secretary of State has rea24 son to believe may be in violation of existing United 

25 States bilateral and multilateral sanctions; 


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1 (3) A detailed description of United States ef2 forts to enforce sanctions, including a list of all in3 vestigations initiated in the 12 months preceding the 

4 enactment of this Act that have resulted in a deter5 mination that a sanctions violation has occurred and 

6 United States government actions taken pursuant to 

7 the determination; 

8 (4) In the instances when sanctions were 

9 waived or otherwise not imposed against entities 

10 that were determined to have violated United States 

11 bilateral or multilateral sanctions, the reason in each 

12 instance of why action was not taken to sanction the 

13 entity; and 

14 (5) A description of United States diplomatic 

15 efforts to expand bilateral and multilateral sanctions 

16 against Iran and strengthen international efforts to 

17 enforce existing sanctions. 

18 LEBANON

19 SEC. 7044. (a) Funds appropriated under the head20 ing ‘‘Foreign Military Financing Program’’ in this Act for 

21 assistance for Lebanon shall be made available only to pro22 fessionalize the Lebanese Armed Forces and to strengthen 

23 border security and combat terrorism, including training 

24 and equipping the Lebanese Armed Forces to secure Leb25 anon’s borders, interdicting arms shipments, preventing 


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1 the use of Lebanon as a safe haven for terrorist groups 

2 and implementing United Nations Security Council Reso3 lution 1701. 

4 (b) None of the funds in subsection (a) may be made 

5 available for obligation until after the Secretary of State 

6 provides the Committees on Appropriations a detailed 

7 spending plan, which shall include a strategy for profes8 sionalizing the Lebanese Armed Forces, strengthening 

9 border security and combating terrorism in Lebanon. 

10 WESTERN HEMISPHERE

11 SEC. 7045. (a) FREE TRADE AGREEMENTS.—Of the 

12 funds appropriated by this Act not less than $10,000,000 

13 from ‘‘Development Assistance’’ and not less than 

14 $10,000,000 from ‘‘Economic Support Fund’’ shall be 

15 made available for labor and environmental capacity build16 ing activities relating to the free trade agreements with 

17 countries of Central America, Peru and the Dominican 

18 Republic. 

19 (b) ASSISTANCE FOR HAITI.— 

20 (1) The Government of Haiti shall be eligible to 

21 purchase defense articles and services under the 

22 Arms Export Control Act (22 U.S.C. 2751 et seq.), 

23 for the Coast Guard. 


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1 (2) Of the funds appropriated by this Act under 

2 titles III and IV, not less than $300,000,000 shall 

3 be made available for assistance for Haiti. 

4 (3) None of the funds made available by this 

5 Act under the heading ‘‘International Narcotics Con6 trol and Law Enforcement’’ may be used to transfer 

7 excess weapons, ammunition or other lethal property 

8 of an agency of the United States Government to 

9 the Government of Haiti for use by the Haitian Na10 tional Police until the Secretary of State reports to 

11 the Committees on Appropriations that any mem12 bers of the Haitian National Police who have been 

13 credibly alleged to have committed serious crimes, 

14 including drug trafficking and violations of inter15 nationally recognized human rights, have been sus16 pended. 

17 (c) CARIBBEAN BASIN SECURITY INITIATIVE.—Of 

18 the funds appropriated under the headings ‘‘Development 

19 Assistance’’, ‘‘Economic Support Fund’’, ‘‘International 

20 Narcotics Control and Law Enforcement’’, and ‘‘Foreign 

21 Military Financing Program’’ in this Act, up to 

22 $37,000,000 may be made available to provide equipment 

23 and training for counternarcotics forces to combat drug 

24 trafficking and related violence and organized crime, and 

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1 corruption, rule of law activities, and maritime security, 

2 of which not less than $21,100,000 shall be made available 

3 for social justice and education programs to include voca4 tional training, workforce development and juvenile justice 

5 activities: Provided, That none of the funds made available 

6 under this subsection shall be made available for budget 

7 support or as cash payments.— 

8 (1) SPENDING PLAN.—Not later than 45 days 

9 after the date of the enactment of this Act, the Sec10 retary of State shall submit to the Committees on 

11 Appropriations a detailed spending plan for funds 

12 appropriated or otherwise made available for the 

13 countries of the Caribbean Basin by this Act, with 

14 concrete goals, actions to be taken, budget pro15 posals, and anticipated results. 

16 (2) DEFINITION.—For the purposes of this sub17 section, the term ‘‘countries of the Caribbean Basin’’ 

18 means Antigua and Barbuda, The Bahamas, Bar19 bados, Belize, Dominica, Dominican Republic, Gre20 nada, Guyana, Haiti, Jamaica, St. Kitts and Nevis, 

21 Saint Lucia, St. Vincent and the Grenadines, 

22 Suriname, and Trinidad and Tobago. 

23 (d) ASSISTANCE FOR GUATEMALA.— 

24 (1) Of the funds appropriated by this Act under 

25 the heading ‘‘International Narcotics Control and 


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1 Law Enforcement’’ not less than $3,000,000 shall 

2 be made available for a United States contribution 

3 to the International Commission Against Impunity 

4 in Guatemala (CICIG). 

5 (2) Funds appropriated by this Act under the 

6 heading ‘‘International Military Education and 

7 Training’’ (IMET) that are available for assistance 

8 for Guatemala, other than for expanded IMET, may 

9 be made available only for the Guatemalan Air 

10 Force, Navy and Army Corps of Engineers: Pro11 vided, That assistance for the Army Corps of Engi12 neers shall only be available for training to improve 

13 disaster response capabilities and to participate in 

14 international peacekeeping operations: Provided fur15 ther, That such funds may be made available only if 

16 the Secretary of State certifies that the Air Force, 

17 Navy and Army Corps of Engineers are respecting 

18 internationally recognized human rights and cooper19 ating with civilian judicial investigations and pros20 ecutions of current and retired military personnel 

21 who have been credibly alleged to have committed 

22 violations of such rights, and with the CICIG by 

23 granting access to CICIG personnel, providing evi24 dence to CICIG, and allowing witness testimony. 


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1 (3) Of the funds appropriated by this Act under 

2 the heading ‘‘Foreign Military Financing Program’’, 

3 not more than $1,000,000 may be made available 

4 for the Guatemalan Air Force, Navy and Army 

5 Corps of Engineers: Provided, That assistance for 

6 the Army Corps of Engineers shall only be available 

7 for training to improve disaster response capabilities 

8 and to participate in international peacekeeping op9 erations: Provided further, That such funds may be 

10 made available only if the Secretary of State certifies 

11 that the Air Force, Navy and Army Corps of Engi12 neers are respecting internationally recognized 

13 human rights and cooperating with civilian judicial 

14 investigations and prosecutions of current and re15 tired military personnel who have been credibly al16 leged to have committed violations of such rights, in17 cluding protecting and providing to the Attorney 

18 General’s office all military archives pertaining to 

19 the internal armed conflict, and cooperating with the 

20 CICIG by granting access to CICIG personnel, pro21 viding evidence to CICIG, and allowing witness testi22 mony. 

23 (e) ASSISTANCE FOR MEXICO.— 

24 (1) ASSISTANCE.—Of the funds appropriated 

25 under the headings ‘‘International Narcotics Control 


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1 and Law Enforcement’’, ‘‘Foreign Military Financ2 ing Program’’, and ‘‘Economic Support Fund’’ in 

3 this Act, not more than $235,825,000 may be made 

4 available for assistance for Mexico, only to combat 

5 drug trafficking and related violence and organized 

6 crime, and for judicial reform, institution building, 

7 anti-corruption, and rule of law activities: Provided, 

8 That none of the funds made available under this 

9 subsection shall be made available for budget sup10 port or as cash payments. 

11 (2) APPLICABILITY OF FISCAL YEAR 2009 PRO12 VISIONS.—The provisions of paragraphs (1) through 

13 (3) of section 7045(e) of the Department of State, 

14 Foreign Operations, and Related Programs Appro15 priations Act, 2009 (division H of Public Law 111- 

16 8) shall apply to funds appropriated or otherwise 

17 made available by this Act for assistance for Mexico 

18 to the same extent and in the same manner as such 

19 provisions of law applied to funds appropriated or 

20 otherwise made available by such other Act for as21 sistance for Mexico. 

22 (f) ASSISTANCE FOR THE COUNTRIES OF CENTRAL

23 AMERICA.—Of the funds appropriated under the headings 

24 ‘‘International Narcotics Control and Law Enforcement’’, 

25 and ‘‘Foreign Military Financing Program’’, $83,000,000 


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1 may be made available for assistance for the countries of 

2 Central America only to combat drug trafficking and re3 lated violence and organized crime, and for judicial re4 form, institution building, anti-corruption, rule of law ac5 tivities, and maritime security: Provided, That none of the 

6 funds made available under this subsection shall be made 

7 available for budget support or as cash payments. 

8 (1) APPLICABILITY OF FISCAL YEAR 2009 PRO9 VISIONS.—The provisions of paragraphs (1) through 

10 (4) of section 7045(f) of the Department of State, 

11 Foreign Operations, and Related Programs Appro12 priations Act, 2009 (division H of Public Law 111- 

13 8) shall apply to funds appropriated or otherwise 

14 made available by this Act for assistance for coun15 tries of Central America to the same extent and in 

16 the same manner as such provisions of law applied 

17 to funds appropriated or otherwise made available by 

18 such other Act for assistance for the countries of 

19 Central America. 

20 (2) DEFINITION.—For the purposes of this sub21 section, the term ‘‘countries of Central America’’ 

22 means Belize, Costa Rica, El Salvador, Guatemala, 

23 Honduras, Nicaragua, and Panama. 

24 (g) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

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1 ations and maintenance, including fuel, of aircraft funded 

2 by this Act should be borne by the recipient country. 

3 COLOMBIA

4 SEC. 7046. (a) ASSISTANCE FOR COLOMBIA.—Of the 

5 funds appropriated under the headings ‘‘Economic Sup6 port Fund’’, ‘‘International Narcotics Control and Law 

7 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 

8 Demining and Related Programs’’, ‘‘International Military 

9 Education and Training’’, and ‘‘Foreign Military Financ10 ing Program’’ in this Act, not more than $520,000,000 

11 shall be available for assistance for Colombia. 

12 (b) FUNDING.— 

13 (1) Funds appropriated by this Act and made 

14 available to the Department of State for assistance 

15 to the Government of Colombia may be used to sup16 port a unified campaign against narcotics trafficking 

17 and organizations designated as Foreign Terrorist 

18 Organizations and successor organizations, and to 

19 take actions to protect human health and welfare in 

20 emergency circumstances, including undertaking res21 cue operations: Provided, That assistance made 

22 available in prior Acts for the Government of Colom23 bia to protect the Cano-Limon pipeline may also be 

24 used for purposes for which funds are made avail25 able under the heading ‘‘International Narcotics 


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1 Control and Law Enforcement’’: Provided further, 

2 That no United States Armed Forces personnel or 

3 United States civilian contractor employed by the 

4 United States will participate in any combat oper5 ation in connection with assistance made available 

6 by this Act for Colombia: Provided further, That ro7 tary and fixed wing aircraft supported with funds 

8 appropriated under the heading ‘‘International Nar9 cotics Control and Law Enforcement’’ for assistance 

10 for Colombia may be used for aerial or manual drug 

11 eradication and interdiction including to transport 

12 personnel and supplies and to provide security for 

13 such operations, and to provide transport in support 

14 of alternative development programs and investiga15 tions of cases under the jurisdiction of the Attorney 

16 General, the Procuraduria General de la Nacion, and 

17 the Defensoria del Pueblo: Provided further, That 

18 the President shall ensure that if any helicopter pro19 cured with funds in this Act or prior Acts making 

20 appropriations for the Department of State, foreign 

21 operations, and related programs, is used to aid or 

22 abet the operations of any illegal self-defense group, 

23 paramilitary organization, illegal security cooperative 

24 or successor organizations in Colombia, such heliVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00138 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 copter shall be immediately returned to the United 

2 States. 

3 (2) Of the funds available under the heading 

4 ‘‘International Narcotics Control and Law Enforce5 ment’’ in this Act for the Colombian national police 

6 for the procurement of chemicals for aerial coca and 

7 poppy eradication programs, not more than 20 per8 cent of such funds may be made available for such 

9 eradication programs unless the Secretary of State 

10 certifies to the Committees on Appropriations that: 

11 (1) the herbicide is being used in accordance with 

12 EPA label requirements for comparable use in the 

13 United States and with Colombian laws; and (2) the 

14 herbicide, in the manner it is being used, does not 

15 pose unreasonable risks or adverse effects to humans 

16 or the environment, including endemic species: Pro17 vided, That such funds may not be made available 

18 unless the Secretary of State certifies to the Com19 mittees on Appropriations that complaints of harm 

20 to health or licit crops caused by such aerial eradi21 cation are thoroughly evaluated and fair compensa22 tion is being paid in a timely manner for meritorious 

23 claims: Provided further, That such funds may not 

24 be made available for such purposes unless programs 

25 are being implemented by the United States Agency 


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1 for International Development, the Government of 

2 Colombia, or other organizations, in consultation 

3 and coordination with local communities, to provide 

4 alternative sources of income in areas where security 

5 permits for small-acreage growers and communities 

6 whose illicit crops are targeted for aerial eradication: 

7 Provided further, That none of the funds appro8 priated by this Act for assistance for Colombia shall 

9 be made available for the cultivation or processing of 

10 African oil palm, if doing so would contribute to sig11 nificant loss of native species, disrupt or contami12 nate natural water sources, reduce local food secu13 rity, or cause the forced displacement of local people: 

14 Provided further, That funds appropriated by this 

15 Act may be used for aerial eradication in Colombia’s 

16 national parks or reserves only if the Secretary of 

17 State certifies to the Committees on Appropriations 

18 on a case-by-case basis that there are no effective al19 ternatives and the eradication is conducted in ac20 cordance with Colombian laws. 

21 (c) APPLICABILITY OF FISCAL YEAR 2009 PROVI22 SIONS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the provisions of subsections (b) through 

25 (f) of section 7046 of the Department of State, ForVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 eign Operations, and Related Programs Appropria2 tions Act, 2009 (division H of Public Law 111-8) 

3 shall apply to funds appropriated or otherwise made 

4 available by this Act for assistance for Colombia to 

5 the same extent and in the same manner as such 

6 provisions of law applied to funds appropriated or 

7 otherwise made available by such other Act for as8 sistance for Colombia. 

9 (2) EXCEPTIONS.—The following provisions of 

10 section 7046 of division H of Public Law 111-8 shall 

11 apply to funds appropriated or otherwise made avail12 able by this Act for assistance for Colombia as fol13 lows: 

14 (A) Subsection (b)(1)(B) is amended by 

15 striking clause (iv) and inserting the following: 

16 ‘‘(iv) That the Government of Colom17 bia is respecting the rights of human 

18 rights defenders, journalists, trade union19 ists, political opposition and religious lead20 ers, and indigenous and Afro-Colombian 

21 communities, and the Colombian Armed 

22 Forces are implementing procedures to dis23 tinguish between civilians, including dis24 placed persons, and combatants in their 

25 operations.’’. 


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1 (B) Subsection (b)(2) is amended by strik2 ing ‘‘July 31, 2009’’ and inserting ‘‘July 31, 

3 2010’’. 

4 (C) Subsection (b)(3) is amended by strik5 ing ‘‘Andean Counterdrug Programs’’ and in6 serting ‘‘International Narcotics Control and 

7 Law Enforcement’’. 

8 (D) Subsection (c) is amended by striking 

9 ‘‘September 30, 2009’’ and inserting ‘‘Sep10 tember 30, 2010’’. 

11 (E) Subsection (d)(1) is amended— 

12 (i) by striking ‘‘$16,769,000’’ and in13 serting ‘‘$18,606,000’’; and 

14 (ii) by striking ‘‘fiscal year 2009’’ and 

15 inserting ‘‘fiscal year 2010’’. 

16 COMMUNITY-BASED POLICE ASSISTANCE

17 SEC. 7047. (a) AUTHORITY.—Funds made available 

18 by titles III and IV of this Act to carry out the provisions 

19 of chapter 1 of part I and chapters 4 and 6 of part II 

20 of the Foreign Assistance Act of 1961, may be used, not21 withstanding section 660 of that Act, to enhance the effec22 tiveness and accountability of civilian police authority 

23 through training and technical assistance in human rights, 

24 the rule of law, anti-corruption, strategic planning, and 

25 through assistance to foster civilian police roles that supVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 port democratic governance including assistance for pro2 grams to prevent conflict, respond to disasters, address 

3 gender-based violence, and foster improved police relations 

4 with the communities they serve. 

5 (b) NOTIFICATION.—Assistance provided under sub6 section (a) shall be subject to prior consultation with, and 

7 the regular notification procedures of, the Committees on 

8 Appropriations. 

9 PROHIBITION OF PAYMENTS TO UNITED NATIONS

10 MEMBERS

11 SEC. 7048. None of the funds appropriated or made 

12 available pursuant to titles III through VI of this Act for 

13 carrying out the Foreign Assistance Act of 1961, may be 

14 used to pay in whole or in part any assessments, arrear15 ages, or dues of any member of the United Nations or, 

16 from funds appropriated by this Act to carry out chapter 

17 1 of part I of the Foreign Assistance Act of 1961, the 

18 costs for participation of another country’s delegation at 

19 international conferences held under the auspices of multi20 lateral or international organizations. 

21 WAR CRIMES TRIBUNALS DRAWDOWN

22 SEC. 7049. If the President determines that doing so 

23 will contribute to a just resolution of charges regarding 

24 genocide or other violations of international humanitarian 

25 law, the President may direct a drawdown pursuant to secVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 tion 552(c) of the Foreign Assistance Act of 1961 of up 

2 to $30,000,000 of commodities and services for the United 

3 Nations War Crimes Tribunal established with regard to 

4 the former Yugoslavia by the United Nations Security 

5 Council or such other tribunals or commissions as the 

6 Council may establish or authorize to deal with such viola7 tions, without regard to the ceiling limitation contained 

8 in paragraph (2) thereof: Provided, That the determina9 tion required under this section shall be in lieu of any de10 terminations otherwise required under section 552(c): Pro11 vided further, That funds shall be made available subject 

12 to the regular notification procedures of the Committees 

13 on Appropriations. 

14 PEACEKEEPING MISSIONS

15 SEC. 7050. None of the funds made available under 

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

17 undertaking when it is made known to the Federal official 

18 having authority to obligate or expend such funds that: 

19 (1) the United Nations undertaking is a peacekeeping mis20 sion; (2) such undertaking will involve United States 

21 Armed Forces under the command or operational control 

22 of a foreign national; and (3) the President’s military advi23 sors have not submitted to the President a recommenda24 tion that such involvement is in the national interests of 


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1 the United States and the President has not submitted 

2 to the Congress such a recommendation. 

3 PEACEKEEPING ASSESSMENT

4 SEC. 7051. Section 404(b)(2)(B) of the Foreign Re5 lations Authorization Act, Fiscal Years 1994 and 1995, 

6 (22 U.S.C. 287e note) is amended by striking clause (v) 

7 and inserting in lieu thereof: 

8 ‘‘(v) For assessments made during 

9 each of the calendar years 2005, 2006, 

10 2007, 2008, 2009, and 2010, 27.1 per11 cent.’’. 

12 UNITED NATIONS HUMAN RIGHTS COUNCIL

13 SEC. 7052. The Secretary of State shall report to the 

14 Committees on Appropriations not later than 30 days 

15 after the date of enactment of this Act, and every 90 days 

16 thereafter until September 30, 2010, on the resolutions 

17 proposed and adopted in the United Nations Human 

18 Rights Council: Provided, That the report shall include a 

19 summary of each proposed and adopted resolution; the 

20 sponsor and a record of how member nations voted. 

21 ATTENDANCE AT INTERNATIONAL CONFERENCES

22 SEC. 7053. None of the funds made available in this 

23 Act may be used to send or otherwise pay for the attend24 ance of more than 50 employees of agencies or depart25 ments of the United States Government who are stationed 


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1 in the United States, at any single international con2 ference occurring outside the United States, unless the 

3 Secretary of State reports to the Committees on Appro4 priations that such attendance is in the national interest: 

5 Provided, That for purposes of this section the term 

6 ‘‘international conference’’ shall mean a conference at7 tended by representatives of the United States Govern8 ment and of foreign governments, international organiza9 tions, or nongovernmental organizations. 

10 RESTRICTIONS ON UNITED NATIONS DELEGATIONS

11 SEC. 7054. None of the funds made available under 

12 title I of this Act may be used to pay expenses for any 

13 United States delegation to any specialized agency, body, 

14 or commission of the United Nations if such commission 

15 is chaired or presided over by a country, the government 

16 of which the Secretary of State has determined, for pur17 poses of section 6(j)(1) of the Export Administration Act 

18 of 1979 (50 U.S.C. App. 2405(j)(1)), supports inter19 national terrorism. 

20 PARKING FINES AND REAL PROPERTY TAXES OWED BY

21 FOREIGN GOVERNMENTS

22 SEC. 7055. (a) Subject to subsection (c), of the funds 

23 appropriated under titles III through VI by this Act that 

24 are made available for assistance for a foreign country, 

25 an amount equal to 110 percent of the total amount of 


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1 the unpaid fully adjudicated parking fines and penalties 

2 and unpaid property taxes owed by the central government 

3 of such country shall be withheld from obligation for as4 sistance for the central government of such country until 

5 the Secretary of State submits a certification to the Com6 mittees on Appropriations stating that such parking fines 

7 and penalties and unpaid property taxes are fully paid. 

8 (b) Funds withheld from obligation pursuant to sub9 section (a) may be made available for other programs or 

10 activities funded by this Act, after consultation with and 

11 subject to the regular notification procedures of the Com12 mittees on Appropriations, provided that no such funds 

13 shall be made available for assistance for the central gov14 ernment of a foreign country that has not paid the total 

15 amount of the fully adjudicated parking fines and pen16 alties and unpaid property taxes owed by such country. 

17 (c) Subsection (a) shall not include amounts that 

18 have been withheld under any other provision of law. 

19 (d)(1) The Secretary of State may waive the require20 ments set forth in subsection (a) with respect to parking 

21 fines and penalties no sooner than 60 days from the date 

22 of enactment of this Act, or at any time with respect to 

23 a particular country, if the Secretary determines that it 

24 is in the national interests of the United States to do so. 


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1 (2) The Secretary of State may waive the require2 ments set forth in subsection (a) with respect to the un3 paid property taxes if the Secretary of State determines 

4 that it is in the national interests of the United States 

5 to do so. 

6 (e) Not later than 6 months after the initial exercise 

7 of the waiver authority in subsection (d), the Secretary 

8 of State, after consultations with the City of New York, 

9 shall submit a report to the Committees on Appropriations 

10 describing a strategy, including a timetable and steps cur11 rently being taken, to collect the parking fines and pen12 alties and unpaid property taxes and interest owed by na13 tions receiving foreign assistance under this Act. 

14 (f) In this section: 

15 (1) The term ‘‘fully adjudicated’’ includes cir16 cumstances in which the person to whom the vehicle 

17 is registered— 

18 (A)(i) has not responded to the parking 

19 violation summons; or 

20 (ii) has not followed the appropriate adju21 dication procedure to challenge the summons; 

22 and 

23 (B) the period of time for payment of or 

24 challenge to the summons has lapsed. 


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1 (2) The term ‘‘parking fines and penalties’’ 

2 means parking fines and penalties— 

3 (A) owed to— 

4 (i) the District of Columbia; or 

5 (ii) New York, New York; and 

6 (B) incurred during the period April 1, 

7 1997, through September 30, 2009. 

8 (3) The term ‘‘unpaid property taxes’’ means 

9 the amount of unpaid taxes and interest determined 

10 to be owed by a foreign country on real property in 

11 the District of Columbia or New York, New York in 

12 a court order or judgment entered against such 

13 country by a court of the United States or any State 

14 or subdivision thereof. 

15 LANDMINES AND CLUSTER MUNITIONS

16 SEC. 7056. (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 


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1 license for cluster munitions may be issued, and no cluster 

2 munitions or cluster munitions technology shall be sold or 

3 transferred, unless— 

4 (1) the submunitions of the cluster munitions 

5 have a 99 percent or higher functioning rate; and 

6 (2) the agreement applicable to the assistance, 

7 transfer, or sale of the cluster munitions or cluster 

8 munitions technology specifies that the cluster muni9 tions will only be used against clearly defined mili10 tary targets and will not be used where civilians are 

11 known to be present. 

12 LIMITATION ON RESIDENCE EXPENSES

13 SEC. 7057. Of the funds appropriated or made avail14 able pursuant to title II of this Act, not to exceed 

15 $100,500 shall be for official residence expenses of the 

16 United States Agency for International Development dur17 ing the current fiscal year: Provided, That appropriate 

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

19 possible, United States-owned foreign currencies are uti20 lized in lieu of dollars. 

21 UNITED STATES AGENCY FOR INTERNATIONAL

22 DEVELOPMENT MANAGEMENT

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 7058. (a) AUTHORITY.—Up to $93,000,000 of 

25 the funds made available in title III of this Act to carry 


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1 out the provisions of part I of the Foreign Assistance Act 

2 of 1961, including funds appropriated under the heading 

3 ‘‘Assistance for Europe, Eurasia and Central Asia’’, may 

4 be used by the United States Agency for International De5 velopment (USAID) to hire and employ individuals in the 

6 United States and overseas on a limited appointment basis 

7 pursuant to the authority of sections 308 and 309 of the 

8 Foreign Service Act of 1980. 

9 (b) RESTRICTIONS.— 

10 (1) The number of individuals hired in any fis11 cal year pursuant to the authority contained in sub12 section (a) may not exceed 175. 

13 (2) The authority to hire individuals contained 

14 in subsection (a) shall expire on September 30, 

15 2011. 

16 (c) CONDITIONS.—The authority of subsection (a) 

17 may only be used to the extent that an equivalent number 

18 of positions that are filled by personal services contractors 

19 or other non-direct hire employees of USAID, who are 

20 compensated with funds appropriated to carry out part I 

21 of the Foreign Assistance Act of 1961, including funds 

22 appropriated under the heading ‘‘Assistance for Europe, 

23 Eurasia and Central Asia’’, are eliminated. 

24 (d) PRIORITY SECTORS.—In exercising the authority 

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1 bling USAID to meet personnel positions in technical skill 

2 areas currently encumbered by contractor or other non3 direct hire personnel. 

4 (e) CONSULTATIONS.—The USAID Administrator 

5 shall consult with the Committees on Appropriations at 

6 least on a quarterly basis concerning the implementation 

7 of this section. 

8 (f) PROGRAM ACCOUNT CHARGED.—The account 

9 charged for the cost of an individual hired and employed 

10 under the authority of this section shall be the account 

11 to which such individual’s responsibilities primarily relate. 

12 Funds made available to carry out this section may be 

13 transferred to, and merged with, funds appropriated by 

14 this Act in title II under the heading ‘‘Operating Ex15 penses’’. 

16 (g) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi17 viduals hired and employed by USAID, with funds made 

18 available in this Act or prior Acts making appropriations 

19 for the Department of State, foreign operations, and re20 lated programs, pursuant to the authority of section 309 

21 of the Foreign Service Act of 1980, may be extended for 

22 a period of up to 4 years notwithstanding the limitation 

23 set forth in such section. 

24 (h) JUNIOR OFFICER PLACEMENT AUTHORITY.—Of 

25 the funds made available in subsection (a), USAID may 


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1 use, in addition to funds otherwise available for such pur2 poses, up to $15,000,000 to fund overseas support costs 

3 of members of the Foreign Service with a Foreign Service 

4 rank of four or below: Provided, That such authority is 

5 only used to reduce USAID’s reliance on overseas personal 

6 services contractors or other non-direct hire employees 

7 compensated with funds appropriated to carry out part I 

8 of the Foreign Assistance Act of 1961, including funds 

9 appropriated under the heading ‘‘Assistance for Europe, 

10 Eurasia and Central Asia’’. 

11 (i) DISASTER SURGE CAPACITY.—Funds appro12 priated under title III of this Act to carry out part I of 

13 the Foreign Assistance Act of 1961, including funds ap14 propriated under the heading ‘‘Assistance for Europe, 

15 Eurasia and Central Asia’’, may be used, in addition to 

16 funds otherwise available for such purposes, for the cost 

17 (including the support costs) of individuals detailed to or 

18 employed by USAID whose primary responsibility is to 

19 carry out programs in response to natural disasters. 

20 (j) TECHNICAL ADVISORS.—Up to $13,500,000 of 

21 the funds made available by this Act in title III for assist22 ance under the heading ‘‘Global Health and Child Sur23 vival’’, may be used to reimburse United States Govern24 ment agencies, agencies of State governments, institutions 

25 of higher learning, and private and voluntary organizaVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 tions for the full cost of individuals (including for the per2 sonal services of such individuals) detailed or assigned to, 

3 or contracted by, as the case may be, USAID for the pur4 pose of carrying out activities under that heading: Pro5 vided, That up to $3,500,000 of the funds made available 

6 by this Act for assistance under the heading ‘‘Develop7 ment Assistance’’ may be used to reimburse such agencies, 

8 institutions, and organizations for such costs of such indi9 viduals carrying out other development assistance activi10 ties. 

11 (k) PERSONAL SERVICES CONTRACTORS.—Funds ap12 propriated by this Act to carry out chapter 1 of part I, 

13 chapter 4 of part II, and section 667 of the Foreign As14 sistance Act of 1961, and title II of the Agricultural Trade 

15 Development and Assistance Act of 1954, may be used 

16 by USAID to employ up to 40 personal services contrac17 tors in the United States, notwithstanding any other pro18 vision of law, for the purpose of providing direct, interim 

19 support for new or expanded overseas programs and ac20 tivities managed by the agency until permanent direct hire 

21 personnel are hired and trained: Provided, That not more 

22 than 10 of such contractors shall be assigned to any bu23 reau or office: Provided further, That not more than 15 

24 of such contractors shall be for activities related to 

25 USAID’s Afghanistan program: Provided further, That 


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1 such funds appropriated to carry out title II of the Agri2 cultural Trade Development and Assistance Act of 1954, 

3 may be made available only for personal services contrac4 tors assigned to the Office of Food for Peace. 

5 (l) HIRING AUTHORITY.—Notwithstanding section 

6 307 of the Foreign Service Act of 1980, the USAID Ad7 ministrator may hire up to 30 individuals under the Devel8 opment Leadership Initiative: Provided, That the author9 ity contained in this subsection shall expire on September 

10 30, 2011. 

11 GLOBAL HEALTH ACTIVITIES

12 SEC. 7059. Funds appropriated by titles III and IV 

13 of this Act that are made available for bilateral assistance 

14 for child survival activities or disease programs including 

15 activities relating to research on, and the prevention, 

16 treatment and control of, HIV/AIDS may be made avail17 able notwithstanding any other provision of law except for 

18 the provisions under the heading ‘‘Global Health and 

19 Child Survival’’ and the United States Leadership Against 

20 HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 

21 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided, 

22 That of the funds appropriated under title III of this Act, 

23 not less than $648,457,000 should be made available for 

24 family planning/reproductive health, including in areas 


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1 where population growth threatens biodiversity or endan2 gered species. 

3 DEVELOPMENT GRANTS PROGRAM

4 SEC. 7060. Of the funds appropriated in title III of 

5 this Act, not less than $40,000,000 shall be made avail6 able for the Development Grants Program established pur7 suant to section 674 of the Department of State, Foreign 

8 Operations, and Related Programs Appropriations Act, 

9 2008 (division J of Public Law 110-161) and of which, 

10 $15,000,000 shall be for grants for organizations focused 

11 on building women’s leadership capacity, addressing wom12 en’s unique development needs, or directly benefitting 

13 women and girls: Provided, That funds made available 

14 under this section are in addition to other funds available 

15 for such purposes including funds designated by this Act 

16 by section 7064. 

17 WOMEN IN DEVELOPMENT

18 SEC. 7061. (a) Programs funded under title III of 

19 this Act shall include, where appropriate, gender consider20 ations in the planning, assessment, implementation, moni21 toring and evaluation of such programs. 

22 (b) Funds made available under title III of this Act 

23 shall be made available to support programs to enhance 

24 economic opportunities for poor women in developing 

25 countries, including increasing the number and capacity 


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1 of women-owned enterprises, improving property rights for 

2 women, increasing access to financial services, and im3 proving women’s ability to participate in the global econ4 omy, including expanding their access to markets. 

5 (c) Funds made available under title III of this Act 

6 for food security and agricultural development shall take 

7 into consideration the unique needs of women in agri8 culture development and technical assistance for women 

9 farmers should be a priority. 

10 GENDER-BASED VIOLENCE

11 SEC. 7062. (a) Funds appropriated under the head12 ings ‘‘Development Assistance’’ and ‘‘Economic Support 

13 Fund’’ in this Act shall be made available for programs 

14 to address sexual and gender-based violence. 

15 (b) Programs and activities funded under titles III 

16 and IV of this Act that provide training for foreign police, 

17 judicial, and military officials shall address, where appro18 priate, gender-based violence. 

19 EDUCATION

20 SEC. 7063. (a) BASIC EDUCATION.— 

21 (1) Of the funds appropriated by title III of 

22 this Act, not less than $1,000,000,000 should be 

23 made available for assistance for basic education, of 

24 which not less than $365,000,000 shall be made 


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1 available under the heading ‘‘Development Assist2 ance’’. 

3 (2) There shall continue to be a Coordinator of 

4 United States government basic education assistance 

5 in developing countries as established in section 664 

6 of division J of Public Law 110-161. 

7 (3) The United States Agency for International 

8 Development (USAID) shall ensure that programs 

9 supported by funding appropriated for basic edu10 cation in this Act, and prior Acts, are fully inte11 grated with other health, agriculture and economic 

12 development funding. Programs should provide ac13 cess to a quality education and funding from other 

14 accounts should be integrated into the economic and 

15 social needs of the broader community. Schools sup16 ported by funding in this Act and in prior Acts 

17 should serve as ‘‘Communities of Learning’’ and 

18 should be the focal point for health, education and 

19 development activities. 

20 (4) USAID shall ensure that pilot programs im21 plemented pursuant to section 664 of division J of 

22 Public Law 110-161 include ‘‘Communities of 

23 Learning’’ in the five-year strategic plans. 

24 (b) HIGHER EDUCATION.—Of the funds appropriated 

25 by title III of this Act, not less than $200,000,000 should 


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1 be made available for assistance for higher education, of 

2 which not less than $20,000,000 shall be made available 

3 to expand higher education activities in Africa. 

4 RECONCILIATION PROGRAMS

5 SEC. 7064. Of the funds appropriated by title III of 

6 this Act under the headings ‘‘Economic Support Fund’’ 

7 and ‘‘Development Assistance’’, $27,000,000 shall be 

8 made available to support people to people reconciliation 

9 programs which bring together individuals of different eth10 nic, religious and political backgrounds from areas of civil 

11 conflict and war, of which $11,000,000 shall be made 

12 available to support programs in the Middle East: Pro13 vided, That the Administrator of the United States Agen14 cy for International Development shall consult with the 

15 Committees on Appropriations, prior to the initial obliga16 tion of funds, on the most effective uses of such funds. 

17 COMPREHENSIVE EXPENDITURES REPORT

18 SEC. 7065. Not later than 180 days after the date 

19 of enactment of this Act, the Secretary of State shall sub20 mit a report to the Committees on Appropriations detail21 ing the total amount of United States Government ex22 penditures in fiscal years 2008 and 2009, by Federal 

23 agency, for assistance programs and activities in each for24 eign country, identifying the line item as presented in the 

25 President’s Budget Appendix and the purpose for which 


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1 the funds were provided: Provided, That if required, infor2 mation may be submitted in classified form. 

3 REQUESTS FOR DOCUMENTS

4 SEC. 7066. None of the funds appropriated or made 

5 available pursuant to titles III through VI of this Act shall 

6 be available to a nongovernmental organization, including 

7 any contractor, which fails to provide upon timely request 

8 any document, file, or record necessary to the auditing re9 quirements of the United States Agency for International 

10 Development. 

11 SENIOR POLICY OPERATING GROUP

12 SEC. 7067. (a) The Senior Policy Operating Group 

13 on Trafficking in Persons, established under section 

14 105(f) of the Victims of Trafficking and Violence Protec15 tion Act of 2000 (22 U.S.C. 7103(f)) to coordinate agency 

16 activities regarding policies (including grants and grant 

17 policies) involving the international trafficking in persons, 

18 shall coordinate all such policies related to the activities 

19 of traffickers and victims of severe forms of trafficking. 

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

21 or any other Act making appropriations for the Depart22 ment of State, foreign operations, and related programs 

23 shall be expended to perform functions that duplicate co24 ordinating responsibilities of the Operating Group. 


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

2 to the authorities that appointed them pursuant to section 

3 105(f). 

4 PROHIBITION ON USE OF TORTURE

5 SEC. 7068. None of the funds made available in this 

6 Act shall be used in any way whatsoever to support or 

7 justify the use of torture, cruel or inhumane treatment 

8 by any official or contract employee of the United States 

9 Government. 

10 AFRICA

11 SEC. 7069. (a) EXPANDED INTERNATIONAL MILI12 TARY EDUCATION AND TRAINING.— 

13 (1) Funds appropriated under the heading 

14 ‘‘International Military Education and Training’’ in 

15 this Act that are made available for assistance for 

16 Angola, Cameroon, Central African Republic, Chad, 

17 Cote D’Ivoire, Guinea and Zimbabwe may be made 

18 available only for expanded international military 

19 education and training. 

20 (2) None of the funds appropriated under the 

21 heading ‘‘International Military Education and 

22 Training’’ in this Act may be made available for as23 sistance for Equatorial Guinea or Somalia. 

24 (b) SUDAN LIMITATION ON ASSISTANCE.— 

25 (1) Subject to subsection (2): 


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1 (A) Notwithstanding any other provision of 

2 law, none of the funds appropriated by this Act 

3 may be made available for assistance for the 

4 Government of Sudan. 

5 (B) None of the funds appropriated by this 

6 Act may be made available for the cost, as de7 fined in section 502, of the Congressional 

8 Budget Act of 1974, of modifying loans and 

9 loan guarantees held by the Government of 

10 Sudan, including the cost of selling, reducing, 

11 or canceling amounts owed to the United 

12 States, and modifying concessional loans, guar13 antees, and credit agreements. 

14 (2) Subsection (b)(1) shall not apply if the Sec15 retary of State determines and certifies to the Com16 mittees on Appropriations that: 

17 (A) The Government of Sudan honors its 

18 pledges to cease attacks upon civilians and dis19 arms and demobilizes the Janjaweed and other 

20 government-supported militias. 

21 (B) The Government of Sudan and all gov22 ernment-supported militia groups are honoring 

23 their commitments made in all previous cease24 fire agreements. 


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1 (C) The Government of Sudan is allowing 

2 unimpeded access to Darfur to humanitarian 

3 aid organizations, the human rights investiga4 tion and humanitarian teams of the United Na5 tions, including protection officers, and an 

6 international monitoring team that is based in 

7 Darfur and has the support of the United 

8 States. 

9 (3) EXCEPTIONS.—The provisions of subsection 

10 (b)(1) shall not apply to— 

11 (A) humanitarian assistance; 

12 (B) assistance for the Darfur region, 

13 Southern Sudan, Southern Kordofan/Nuba 

14 Mountains State, Blue Nile State, and Abyei; 

15 and 

16 (C) assistance to support implementation 

17 of the Comprehensive Peace Agreement and the 

18 Darfur Peace Agreement or any other inter19 nationally-recognized viable peace agreement in 

20 Sudan. 

21 (4) DEFINITIONS.—For the purposes of this 

22 Act, the term ‘‘Government of Sudan’’ shall not in23 clude the Government of Southern Sudan. 

24 (5) Notwithstanding any other provision of law, 

25 assistance in this Act may be made available to the 


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1 Government of Southern Sudan to provide non-lethal 

2 military assistance, military education and training, 

3 and defense services controlled under the Inter4 national Traffic in Arms Regulations (22 CRF 

5 120.1 et seq.) if the Secretary of State— 

6 (A) determines that the provision of such 

7 items is in the national interest of the United 

8 States; and 

9 (B) not later than 15 days before the pro10 vision of any such assistance, notifies the Com11 mittees on Appropriations of such determina12 tion. 

13 (c) WAR CRIMES IN AFRICA.— 

14 (1) The Congress reaffirms its support for the 

15 efforts of the International Criminal Tribunal for 

16 Rwanda (ICTR) and the Special Court for Sierra 

17 Leone (SCSL) to bring to justice individuals respon18 sible for war crimes and crimes against humanity in 

19 a timely manner. 

20 (2) Funds appropriated by this Act, including 

21 funds for debt restructuring, may be made available 

22 for assistance for the central government of a coun23 try in which individuals indicted by ICTR and SCSL 

24 are credibly alleged to be living, if the Secretary of 

25 State determines and reports to the Committees on 


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1 Appropriations that such government is cooperating 

2 with ICTR and SCSL, including the surrender and 

3 transfer of indictees in a timely manner: Provided, 

4 That this subsection shall not apply to assistance 

5 provided under section 551 of the Foreign Assist6 ance Act of 1961 or to project assistance under title 

7 VI of this Act: Provided further, That the United 

8 States shall use its voice and vote in the United Na9 tions Security Council to fully support efforts by 

10 ICTR and SCSL to bring to justice individuals in11 dicted by such tribunals in a timely manner. 

12 (3) The prohibition in subsection (2) may be 

13 waived on a country-by-country basis if the Presi14 dent determines that doing so is in the national se15 curity interest of the United States: Provided, That 

16 prior to exercising such waiver authority, the Presi17 dent shall submit a report to the Committees on Ap18 propriations, in classified form if necessary, on— 

19 (A) the steps being taken to obtain the co20 operation of the government in surrendering the 

21 indictee in question to the court of jurisdiction; 

22 (B) a strategy, including a timeline, for 

23 bringing the indictee before such court; and 

24 (C) the justification for exercising the 

25 waiver authority. 


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1 (d) ZIMBABWE.— 

2 (1) The Secretary of the Treasury shall instruct 

3 the United States executive director to each inter4 national financial institution to vote against any ex5 tension by the respective institution of any loans to 

6 the Government of Zimbabwe, except to meet basic 

7 human needs or to promote democracy, unless the 

8 Secretary of State determines and reports in writing 

9 to the Committees on Appropriations that the rule 

10 of law has been restored in Zimbabwe, including re11 spect for ownership and title to property, freedom of 

12 speech and association, and a transition government 

13 has been established that reflects the will of the peo14 ple as they voted in the March 2008 elections. 

15 (2) None of the funds appropriated by this Act 

16 shall be made available for assistance for the central 

17 government of Zimbabwe, except with respect to 

18 funds made available for macroeconomic growth as19 sistance, unless the Secretary of State makes the de20 termination pursuant to subsection (d)(1). 

21 ASIA

22 SEC. 7070. (a) TIBET.— 

23 (1) The Secretary of the Treasury should in24 struct the United States executive director to each 

25 international financial institution to use the voice 


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1 and vote of the United States to support projects in 

2 Tibet if such projects do not provide incentives for 

3 the migration and settlement of non-Tibetans into 

4 Tibet or facilitate the transfer of ownership of Ti5 betan land and natural resources to non-Tibetans; 

6 are based on a thorough needs-assessment; foster 

7 self-sufficiency of the Tibetan people and respect Ti8 betan culture and traditions; and are subject to ef9 fective monitoring. 

10 (2) Notwithstanding any other provision of law, 

11 not less than $7,300,000 of the funds appropriated 

12 by this Act under the heading ‘‘Economic Support 

13 Fund’’ should be made available to nongovernmental 

14 organizations to support activities which preserve 

15 cultural traditions and promote sustainable develop16 ment and environmental conservation in Tibetan 

17 communities in the Tibetan Autonomous Region and 

18 in other Tibetan communities in China. 

19 (b) BURMA.— 

20 (1) The Secretary of the Treasury shall instruct 

21 the United States executive director to each appro22 priate international financial institution in which the 

23 United States participates, to oppose and vote 

24 against the extension by such institution any loan or 

25 financial or technical assistance or any other utilizaVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00167 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 tion of funds of the respective bank to and for 

2 Burma. 

3 (2) Of the funds appropriated by this Act under 

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

5 $12,000,000 may be made available for humani6 tarian assistance for individuals and communities 

7 impacted by Cyclone Nargis and to support democ8 racy activities in Burma, and not less than 

9 $20,000,000 shall be made available for assistance 

10 along the Burma-Thailand border, for activities of 

11 Burmese student groups and other organizations lo12 cated outside Burma, and for the purpose of sup13 porting the provision of humanitarian assistance to 

14 displaced Burmese along Burma’s borders: Provided, 

15 That such funds may be made available notwith16 standing any other provision of law: Provided fur17 ther, That in addition to assistance for Burmese ref18 ugees provided under the heading ‘‘Migration and 

19 Refugee Assistance’’ in this Act, not less than 

20 $4,000,000 shall be made available for community21 based organizations operating in Thailand to provide 

22 food, medical and other humanitarian assistance to 

23 internally displaced persons in eastern Burma: Pro24 vided further, That funds made available under this 


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1 paragraph shall be subject to the regular notification 

2 procedures of the Committees on Appropriations. 

3 (c) INDONESIA.— 

4 (1) Of the funds appropriated by this Act under 

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

6 not to exceed $20,000,000 shall be made available 

7 for assistance for Indonesia, of which $2,000,000 

8 shall be made available only after the Secretary of 

9 State submits to the Committees on Appropriations 

10 the report on Indonesia detailed under such heading 

11 in the report accompanying this Act. 

12 (2) Of the funds appropriated by this Act under 

13 the heading ‘‘Economic Support Fund’’ that are 

14 available for assistance for Indonesia, not less than 

15 $300,000 should be made available for grants for ca16 pacity building of Indonesian human rights organi17 zations, including in Papua. 

18 (d) NORTH KOREA.— 

19 (1) Funds made available under the heading 

20 ‘‘Migration and Refugee Assistance’’ in this Act 

21 should be made available for assistance for refugees 

22 from North Korea. 

23 (2) Of the funds made available under the 

24 heading ‘‘International Broadcasting Operations’’ in 


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1 title I of this Act, not less than $7,800,000 shall be 

2 made available for broadcasts into North Korea. 

3 (3) None of the funds made available under the 

4 heading ‘‘Economic Support Fund’’ may be made 

5 available for assistance for the Government of North 

6 Korea unless the Secretary of State determines and 

7 reports to the Committees on Appropriations in writ8 ing that North Korea is fulfilling its commitments 

9 under the Six Party Talks agreements. 

10 (e) PEOPLE’S REPUBLIC OF CHINA.— 

11 (1) None of the funds appropriated under the 

12 heading ‘‘Diplomatic and Consular Programs’’ in 

13 this Act may be obligated or expended for processing 

14 licenses for the export of satellites of United States 

15 origin (including commercial satellites and satellite 

16 components) to the People’s Republic of China un17 less, at least 15 days in advance, the Committees on 

18 Appropriations are notified of such proposed action. 

19 (2) 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: Provided, That none of the 


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1 funds appropriated or otherwise made available pur2 suant to this Act may be used to finance any grant, 

3 contract, or cooperative agreement with the PLA, or 

4 any entity that the Secretary of State has reason to 

5 believe is owned or controlled by, or an affiliate of, 

6 the PLA. 

7 (f) PHILIPPINES.—Of the funds appropriated by this 

8 Act 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 taking 

14 effective steps to implement the recommendations of 

15 the United Nations Special Rapporteur on 

16 extrajudicial, summary or arbitrary executions, to 

17 include prosecutions and convictions for extrajudicial 

18 executions; sustaining the decline in the number of 

19 extrajudicial executions; addressing allegations of a 

20 death squad in Davao City; and strengthening gov21 ernment institutions working to eliminate 

22 extrajudicial executions; 

23 (2) the Government of the Philippines is imple24 menting a policy of promoting military personnel 

25 who demonstrate professionalism and respect for 


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1 internationally recognized human rights, and is in2 vestigating and prosecuting military personnel and 

3 others who have been credibly alleged to have vio4 lated such rights; and 

5 (3) the Philippine Armed Forces do not have a 

6 policy of, and are not engaging in, acts of intimida7 tion or violence against members of legal organiza8 tions who advocate for human rights. 

9 (g) VIETNAM.—Notwithstanding any other provision 

10 of law, funds appropriated under the heading ‘‘Develop11 ment Assistance’’ in this Act may be made available for 

12 programs and activities in the central highlands of Viet13 nam, and shall be made available for environmental reme14 diation and related health activities in Vietnam. 

15 SERBIA

16 SEC. 7071. (a) Funds appropriated by this Act may 

17 be made available for assistance for the central Govern18 ment of Serbia after May 31, 2010, if the President has 

19 made the determination and certification contained in sub20 section (c). 

21 (b) After May 31, 2010, the Secretary of the Treas22 ury should instruct the United States executive directors 

23 to the international financial institutions to support loans 

24 and assistance to the Government of Serbia subject to the 

25 conditions in subsection (c). 


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1 (c) The determination and certification referred to in 

2 subsection (a) is a determination and a certification by 

3 the President to the Committees on Appropriations that 

4 the Government of Serbia is— 

5 (1) cooperating with the International Criminal 

6 Tribunal for the former Yugoslavia including access 

7 for investigators, the provision of documents, timely 

8 information on the location, movement, and sources 

9 of financial support of indictees, and the surrender 

10 and transfer of indictees or assistance in their ap11 prehension, including Ratko Mladic; 

12 (2) taking steps that are consistent with the 

13 Dayton Accords to end Serbian financial, political, 

14 security and other support which has served to 

15 maintain separate Republika Srpska institutions; 

16 and 

17 (3) taking steps to implement policies which re18 flect a respect for minority rights and the rule of 

19 law. 

20 (d) This section shall not apply to humanitarian as21 sistance or assistance to promote democracy. 

22 INDEPENDENT STATES OF THE FORMER SOVIET UNION

23 SEC. 7072. (a) None of the funds appropriated under 

24 the heading ‘‘Assistance for Europe, Eurasia and Central 

25 Asia’’ shall be made available for assistance for a governVerDate Nov 24 2008 00:42 Jun 27, 2009 Jkt 079200 PO 00000 Frm 00173 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.RH H3081

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1 ment of an Independent State of the former Soviet Union 

2 if that government directs any action in violation of the 

3 territorial integrity or national sovereignty of any other 

4 Independent State of the former Soviet Union, such as 

5 those violations included in the Helsinki Final Act: Pro6 vided, That such funds may be made available without re7 gard to the restriction in this subsection if the President 

8 determines that to do so is in the national security interest 

9 of the United States. 

10 (b) Funds appropriated under the heading ‘‘Assist11 ance for Europe, Eurasia and Central Asia’’ for the Rus12 sian Federation, Armenia, Kazakhstan, and Uzbekistan 

13 shall be subject to the regular notification procedures of 

14 the Committees on Appropriations. 

15 (c)(1) Of the funds appropriated under the heading 

16 ‘‘Assistance for Europe, Eurasia and Central Asia’’ that 

17 are allocated for assistance for the Government of the 

18 Russian Federation, 60 percent shall be withheld from ob19 ligation until the President determines and certifies in 

20 writing to the Committees on Appropriations that the Gov21 ernment of the Russian Federation— 

22 (A) has terminated implementation of arrange23 ments to provide Iran with technical expertise, train24 ing, technology, or equipment necessary to develop a 


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1 nuclear reactor, related nuclear research facilities or 

2 programs, or ballistic missile capability; and 

3 (B) is providing full access to international non4 governmental organizations providing humanitarian 

5 relief to refugees and internally displaced persons in 

6 Chechnya. 

7 (2) Paragraph (1) shall not apply to— 

8 (A) assistance to combat infectious diseases, 

9 child survival activities, or assistance for victims of 

10 trafficking in persons; and 

11 (B) activities authorized under title V (Non12 proliferation and Disarmament Programs and Ac13 tivities) of the FREEDOM Support Act. 

14 (d) Section 907 of the FREEDOM Support Act shall 

15 not apply to— 

16 (1) activities to support democracy or assist17 ance under title V of the FREEDOM Support Act 

18 and section 1424 of Public Law 104–201 or non19 proliferation assistance; 

20 (2) any assistance provided by the Trade and 

21 Development Agency under section 661 of the For22 eign Assistance Act of 1961 (22 U.S.C. 2421); 

23 (3) any activity carried out by a member of the 

24 United States and Foreign Commercial Service while 

25 acting within his or her official capacity; 


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1 (4) any insurance, reinsurance, guarantee or 

2 other assistance provided by the Overseas Private 

3 Investment Corporation under title IV of chapter 2 

4 of part I of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2191 et seq.); 

6 (5) any financing provided under the Export7 Import Bank Act of 1945; or 

8 (6) humanitarian assistance. 

9 REPRESSION IN THE RUSSIAN FEDERATION

10 SEC. 7073. (a) None of the funds appropriated under 

11 the heading ‘‘Assistance for Europe, Eurasia and Central 

12 Asia’’ in this Act may be made available for the Govern13 ment of the Russian Federation, after 180 days from the 

14 date of the enactment of this Act, unless the President 

15 determines and certifies in writing to the Committees on 

16 Appropriations that the Government of the Russian Fed17 eration: 

18 (1) has implemented no statute, Executive 

19 order, regulation or similar government action that 

20 would discriminate, or which has as its principal ef21 fect discrimination, against religious groups or reli22 gious communities in the Russian Federation in vio23 lation of accepted international agreements on 

24 human rights and religious freedoms to which the 

25 Russian Federation is a party; and 


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1 (2) is— 

2 (A) honoring its international obligations 

3 regarding freedom of expression, assembly, and 

4 press, as well as due process; 

5 (B) is investigating and prosecuting law 

6 enforcement personnel credibly alleged to have 

7 committed human rights abuses against polit8 ical leaders, activists and journalists; and 

9 (C) is immediately releasing political lead10 ers, activists and journalists who remain in de11 tention. 

12 UZBEKISTAN

13 SEC. 7074. (a) Funds appropriated by this Act may 

14 be made available for assistance for the central Govern15 ment of Uzbekistan only if the Secretary of State deter16 mines and reports to the Committees on Appropriations 

17 that the Government of Uzbekistan is making substantial 

18 and continuing progress— 

19 (1) in meeting its commitments under the 

20 ‘‘Declaration on the Strategic Partnership and Co21 operation Framework Between the Republic of 

22 Uzbekistan and the United States of America’’, in23 cluding respect for internationally recognized human 

24 rights, establishing a genuine multi-party system, 


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1 and ensuring free and fair elections, freedom of ex2 pression, and the independence of the media; and 

3 (2) in investigating and prosecuting the individ4 uals responsible for the deliberate killings of civilians 

5 in Andijan in May 2005. 

6 (b) If the Secretary of State has credible evidence 

7 that any current or former official of the Government of 

8 Uzbekistan was responsible for the deliberate killings of 

9 civilians in Andijan in May 2005, or for other violations 

10 of internationally recognized human rights in Uzbekistan, 

11 not later than 6 months after enactment of this Act any 

12 person identified by the Secretary pursuant to this sub13 section shall be ineligible for admission to the United 

14 States. 

15 (c) The restriction in subsection (b) shall cease to 

16 apply if the Secretary determines and reports to the Com17 mittees on Appropriations that the Government of 

18 Uzbekistan has taken concrete and measurable steps to 

19 improve respect for internationally recognized human 

20 rights, including allowing peaceful political and religious 

21 expression, releasing imprisoned human rights defenders, 

22 and implementing recommendations made by the United 

23 Nations on torture. 

24 (d) The Secretary may waive the application of sub25 section (b) if the Secretary determines that admission to 


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1 the United States is necessary to attend the United Na2 tions or to further United States law enforcement objec3 tives. 

4 (e) For the purpose of this section ‘‘assistance’’ shall 

5 include excess defense articles. 

6 AFGHANISTAN

7 SEC. 7075. (a) IN GENERAL.—Funds appropriated 

8 under the heading ‘‘Economic Support Fund’’ that are 

9 available for assistance for Afghanistan shall be made 

10 available, to the maximum extent practicable, in a manner 

11 that utilizes Afghan entities and emphasizes the participa12 tion of Afghan women and directly improves the security, 

13 economic and social well-being, and political status, of Af14 ghan women and girls. 

15 (b) ASSISTANCE FOR WOMEN AND GIRLS.— 

16 (1) Funds appropriated in title III of this Act 

17 for assistance for Afghanistan shall comply with sec18 tions 7061 and 7062 of this Act and shall be made 

19 available to support programs that increase partici20 pation by women in the political process, including 

21 at the national, provincial, and sub-provincial levels, 

22 and in efforts to improve security in Afghanistan. 

23 (2) Of the funds appropriated under the head24 ings ‘‘Economic Support Fund’’ and ‘‘International 

25 Narcotics Control and Law Enforcement’’, not less 


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1 than $175,000,000 shall be made available to sup2 port programs that directly address the needs of Af3 ghan women and girls, including for the Afghan 

4 Independent Human Rights Commission, the Afghan 

5 Ministry of Women’s Affairs, and for women-led 

6 nongovernmental organizations. 

7 (c) NATIONAL SOLIDARITY PROGRAM.—Of the funds 

8 appropriated under the heading ‘‘Economic Support 

9 Fund’’ that are available for assistance for Afghanistan, 

10 not less than $175,000,000 shall be made available for 

11 the National Solidarity Program. 

12 (d) ANTICORRUPTION.—Ten percent of the funds ap13 propriated under the heading ‘‘International Narcotics 

14 Control and Law Enforcement’’ that are available for as15 sistance for the Government of Afghanistan shall be with16 held from obligation until the Secretary of State reports 

17 to the Committees on Appropriations that the Government 

18 of Afghanistan is implementing a policy to promptly re19 move from office any government official who is credibly 

20 alleged to have engaged in narcotics trafficking, gross vio21 lations of internationally recognized human rights, or 

22 other major crimes. 

23 (e) BASE RIGHTS.—None of the funds made available 

24 by this Act may be used by the United States Government 


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1 to enter into a permanent basing rights agreement be2 tween the United States and Afghanistan. 

3 ENTERPRISE FUNDS

4 SEC. 7076. (a) Prior to the distribution of any assets 

5 resulting from any liquidation, dissolution, or winding up 

6 of an Enterprise Fund, in whole or in part, the President 

7 shall submit to the Committees on Appropriations, in ac8 cordance with the regular notification procedures of the 

9 Committees on Appropriations, a plan for the distribution 

10 of the assets of the Enterprise Fund. 

11 (b) Funds made available under titles III through VI 

12 of this Act for Enterprise Funds shall be expended at the 

13 minimum rate necessary to make timely payment for 

14 projects and activities and shall be subject to the regular 

15 notification procedures of the Committees on Appropria16 tions. 

17 UNITED NATIONS POPULATION FUND

18 SEC. 7077. (a) CONTRIBUTION.—Of the funds made 

19 available under the heading ‘‘International Organizations 

20 and Programs’’ in this Act for fiscal year 2010, 

21 $60,000,000 shall be made available for the United Na22 tions Population Fund (UNFPA). 

23 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

24 by this Act for UNFPA, that are not made available for 

25 UNFPA because of the operation of any provision of law, 


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1 shall be transferred to the ‘‘Global Health and Child Sur2 vival’’ account and shall be made available for family plan3 ning, maternal, and reproductive health activities, subject 

4 to the regular notification procedures of the Committees 

5 on Appropriations. 

6 (c) PROHIBITION ON USE OF FUNDS IN CHINA.— 

7 None of the funds made available by this Act may be used 

8 by UNFPA for a country program in the People’s Repub9 lic of China. 

10 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— 

11 Funds made available by this Act for UNFPA may not 

12 be made available to UNFPA unless— 

13 (1) UNFPA maintains funds made available to 

14 UNFPA under this section in an account separate 

15 from other accounts of UNFPA; 

16 (2) UNFPA does not commingle amounts made 

17 available to UNFPA under this section with other 

18 sums; and 

19 (3) UNFPA does not fund abortions. 

20 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL21 LAR WITHHOLDING OF FUNDS.— 

22 (1) Not later than 4 months after the date of 

23 enactment of this Act, the Secretary of State shall 

24 submit a report to the Committees on Appropria25 tions indicating the amount of funds that the 


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1 UNFPA is budgeting for the year in which the re2 port is submitted for a country program in the Peo3 ple’s Republic of China. 

4 (2) If a report under paragraph (1) indicates 

5 that the UNFPA plans to spend funds for a country 

6 program in the People’s Republic of China in the 

7 year covered by the report, then the amount of such 

8 funds the UNFPA plans to spend in the People’s 

9 Republic of China shall be deducted from the funds 

10 made available to the UNFPA after March 1 for ob11 ligation for the remainder of the fiscal year in which 

12 the report is submitted. 

13 PROHIBITION ON PUBLICITY OR PROPAGANDA

14 SEC. 7078. No part of any appropriation contained 

15 in this Act shall be used for publicity or propaganda pur16 poses within the United States not authorized before the 

17 date of the enactment of this Act by the Congress: Pro18 vided, That not to exceed $25,000 may be made available 

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

20 96–533. 

21 OPIC

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 7079. Whenever the President determines that 

24 it is in furtherance of the purposes of the Foreign Assist25 ance Act of 1961, up to a total of $20,000,000 of the 


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1 funds appropriated under title III of this Act may be 

2 transferred to, and merged with, funds appropriated by 

3 this Act for the Overseas Private Investment Corporation 

4 Program Account, to be subject to the terms and condi5 tions of that account: Provided, That such funds shall not 

6 be available for administrative expenses of the Overseas 

7 Private Investment Corporation: Provided further, That 

8 designated funding levels in this Act shall not be trans9 ferred pursuant to this section: Provided further, That the 

10 exercise of such authority shall be subject to the regular 

11 notification procedures of the Committees on Appropria12 tions. 

13 EXTRADITION

14 SEC. 7080. (a) None of the funds appropriated in this 

15 Act may be used to provide assistance (other than funds 

16 provided under the headings ‘‘International Narcotics 

17 Control and Law Enforcement’’, ‘‘Migration and Refugee 

18 Assistance,’’ ‘‘Emergency Migration and Refugee Assist19 ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

20 and Related Assistance’’) for the central government of 

21 a country which has notified the Department of State of 

22 its refusal to extradite to the United States any individual 

23 indicted for a criminal offense for which the maximum 

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1 role or for killing a law enforcement officer, as specified 

2 in a United States extradition request. 

3 (b) Subsection (a) shall only apply to the central gov4 ernment of a country with which the United States main5 tains diplomatic relations and with which the United 

6 States has an extradition treaty and the government of 

7 that country is in violation of the terms and conditions 

8 of the treaty. 

9 (c) The Secretary of State may waive the restriction 

10 in subsection (a) on a case-by-case basis if the Secretary 

11 certifies to the Committees on Appropriations that such 

12 waiver is important to the national interests of the United 

13 States. 

14 ENERGY AND ENVIRONMENT

15 SEC. 7081. (a) CLEAN ENERGY.—Of the funds ap16 propriated by title III of this Act, not less than 

17 $180,000,000 shall be made available to the United States 

18 Agency for International Development (USAID), in addi19 tion to funds otherwise made available for such purposes, 

20 for programs and activities that reduce global warming by 

21 promoting the sustainable use of renewable energy tech22 nologies and energy efficient end-use technologies, carbon 

23 sequestration, and carbon accounting: Provided, That of 

24 the amount made available to USAID for clean energy 


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1 programs, $10,000,000 shall be made available for the 

2 ‘‘Solar Energy Microfinance Initiative’’. 

3 (b) CLIMATE CHANGE ADAPTATION.—Funds appro4 priated by this Act may be made available for a United 

5 States contribution to the Least Developed Countries 

6 Fund and to the Special Climate Change Fund to support 

7 grants for climate change adaptation programs and activi8 ties, if the Global Environment Facility makes publicly 

9 available on its website an annual report detailing the cri10 teria used to determine which programs and activities re11 ceive funds, the manner in which such programs and ac12 tivities meet such criteria, the extent of local involvement 

13 in such programs and activities, the amount of funds pro14 vided, and the results achieved. 

15 (c) BIODIVERSITY.—Of the funds appropriated by 

16 title III of this Act, not less than $200,000,000 shall be 

17 made available for programs and activities which directly 

18 protect biodiversity, including tropical forests and wildlife, 

19 in developing countries, of which not less than 

20 $25,000,000 shall be made available for USAID’s con21 servation programs in the Amazon Basin: Provided, That 

22 of the funds made available under this paragraph, not less 

23 than $17,500,000 shall be made available for the Congo 

24 Basin Forest Partnership: Provided further, That funds 

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1 tions 103 through 106, and chapter 4 of part II, of the 

2 Foreign Assistance Act of 1961 may be used, notwith3 standing any other provision of law, for the purpose of 

4 supporting tropical forestry and biodiversity conservation 

5 activities and energy programs aimed at reducing green6 house gas emissions: Provided further, That funds appro7 priated under the heading ‘‘Development Assistance’’ may 

8 be made available as a contribution to the Galapagos 

9 Invasive Species Fund. 

10 (d) EXTRACTION OF NATURAL RESOURCES.— 

11 (1) The Secretary of the Treasury shall inform 

12 the managements of the international financial insti13 tutions and the public that it is the policy of the 

14 United States to oppose any assistance by such in15 stitutions (including but not limited to any loan, 

16 credit, grant, or guarantee) for the extraction and 

17 export of oil, gas, coal, timber, or other natural re18 source unless the government of the country has in 

19 place functioning systems for: 

20 (A) accurately accounting for payments for 

21 companies involved in the extraction and export 

22 of natural resources; 

23 (B) the independent auditing of accounts 

24 receiving such payments and the widespread 


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1 public dissemination of the findings of such au2 dits; and 

3 (C) verifying government receipts against 

4 company payments including widespread dis5 semination of such payment information, and 

6 disclosing such documents as Host Government 

7 Agreements, Concession Agreements, and bid8 ding documents, allowing in any such dissemi9 nation or disclosure for the redaction of, or ex10 ceptions for, information that is commercially 

11 proprietary or that would create competitive 

12 disadvantage. 

13 (2) Not later than 180 days after the enact14 ment of this Act, the Secretary of the Treasury shall 

15 submit a report to the Committees on Appropria16 tions describing, for each international financial in17 stitution, the amount and type of assistance pro18 vided, by country, for the extraction and export of 

19 oil, gas, coal, timber, or other natural resources in 

20 the preceding 12 months, and whether each institu21 tion considered, in its proposal for such assistance, 

22 the extent to which the country has functioning sys23 tems described in paragraph (1). 


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1 PROHIBITION ON PROMOTION OF TOBACCO

2 SEC. 7082. None of the funds provided by this Act 

3 shall be available to promote the sale or export of tobacco 

4 or tobacco products, or to seek the reduction or removal 

5 by any foreign country of restrictions on the marketing 

6 of tobacco or tobacco products, except for restrictions 

7 which are not applied equally to all tobacco or tobacco 

8 products of the same type. 

9 COMMERCIAL LEASING OF DEFENSE ARTICLES

10 SEC. 7083. Notwithstanding any other provision of 

11 law, and subject to the regular notification procedures of 

12 the Committees on Appropriations, the authority of sec13 tion 23(a) of the Arms Export Control Act may be used 

14 to provide financing to Israel, Egypt and NATO and 

15 major non-NATO allies for the procurement by leasing 

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

17 articles from United States commercial suppliers, not in18 cluding Major Defense Equipment (other than helicopters 

19 and other types of aircraft having possible civilian applica20 tion), if the President determines that there are compel21 ling foreign policy or national security reasons for those 

22 defense articles being provided by commercial lease rather 

23 than by government-to-government sale under such Act. 


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1 TRANSPARENCY AND ACCOUNTABILITY

2 SEC. 7084. (a) UNITED NATIONS.—Funds made 

3 available by this Act shall be made available to continue 

4 reform efforts at the United Nations: Provided, That not 

5 later than September 30, 2010, the Secretary of State 

6 shall submit a report to the Committees on Appropriations 

7 detailing actions taken by United Nations organizations 

8 under the headings ‘‘Contributions to International Orga9 nizations’’ and ‘‘International Organizations and Pro10 grams’’ to continue reform of United Nations financial 

11 management systems and program oversight. 

12 (b) NATIONAL BUDGET TRANSPARENCY.— 

13 (1) None of the funds appropriated by this Act 

14 may be made available for assistance for the central 

15 government of any country that fails to make pub16 licly available on an annual basis its national budget, 

17 to include income and expenditures. 

18 (2) The Secretary of State may waive the re19 quirements of paragraph (1) on a country-by-coun20 try basis if the Secretary reports to the Committees 

21 on Appropriations that to do so is important to the 

22 national interest of the United States. 

23 SRI LANKA

24 SEC. 7085. (a) IN GENERAL.—Funds appropriated 

25 in title III of this Act that are available for assistance 


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1 for Sri Lanka shall be made available to fund programs 

2 that promote reconciliation between the ethnic Sinhalese 

3 and Tamil communities, support post-conflict reconstruc4 tion, and establish a meaningful and inclusive role for 

5 Tamil and other minorities in national, political, and eco6 nomic life. 

7 (b) SECURITY ASSISTANCE.—Funds made available 

8 in title IV of this Act that are available for assistance for 

9 Sri Lanka should encourage programs that include the re10 cruitment and training of Tamils into the Sri Lankan Se11 curity Forces, Tamil language training for Sinhalese 

12 forces, and human rights training for all security forces. 

13 (c) DEMINING.—In addition to subsection (a), up to 

14 $1,000,000 of the funds appropriated under the heading 

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

16 Programs’’ shall be provided for demining of conflict af17 fected areas. 

18 (d) REPORTING REQUIREMENT.—Not later than 60 

19 days after enactment of this Act, the Secretary of State 

20 shall report to the Committee on Appropriations on the 

21 extent to which the Government of Sri Lanka’s is: 

22 (1) providing unrestricted humanitarian access 

23 to the displaced within camps; 

24 (2) providing protection for internally displaced 

25 persons (IDPs) and humanitarian workers, including 


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1 the International Committee of the Red Cross at all 

2 sites where the military and police conduct security 

3 screening; 

4 (3) permitting freedom of movement for IDPs 

5 once they have completed security screening, includ6 ing allowing the displaced to return home or move 

7 to other safe locations; 

8 (4) allowing civilian authorities to run without 

9 interference camps and hospitals that house the dis10 placed; and 

11 (5) allowing for the safe and timely return of 

12 IDPs to their homes. 

13 UNRWA ACCOUNTABILITY

14 SEC. 7086. The Secretary of State shall prepare and 

15 submit to the Committees on Appropriations not later 

16 than 45 days after the date of enactment of this Act a 

17 report on whether UNRWA is: 

18 (1) continuing to utilize Operations Support Of19 ficers in the West Bank and Gaza to inspect 

20 UNRWA installations and report any inappropriate 

21 use; 

22 (2) dealing promptly with any staff or bene23 ficiary violations of its own policies (including the 

24 policies on neutrality and impartiality of employees) 


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1 and the legal requirements under section 301(c) of 

2 the Foreign Assistance Act of 1961; 

3 (3) taking necessary and appropriate measures 

4 to ensure it is operating in compliance with the con5 ditions of section 301(c) of the Foreign Assistance 

6 Act of 1961; 

7 (4) continuing regular reporting to the Depart8 ment of State on actions it has taken to ensure con9 formance with the conditions of section 301(c) of the 

10 Foreign Assistance Act of 1961; 

11 (5) taking steps to improve the transparency of 

12 all educational materials currently in use in 

13 UNRWA-administered schools; 

14 (6) continuing to use curriculum materials in 

15 UNRWA-supported schools and summer camps de16 signed to promote tolerance, non-violent conflict res17 olution and human rights; 

18 (7) not engaging in operations with financial in19 stitutions or related entities in violation of relevant 

20 United States law and is enhancing its transparency 

21 and financial due diligence and working to diversify 

22 its banking operations in the region; and 

23 (8) in compliance with the United Nations 

24 Board of Auditors’ biennial audit requirements and 


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1 is implementing in a timely fashion the Board’s rec2 ommendations. 

3 LIMITATION ON FUNDS RELATING TO TRANSFER OR RE4 LEASE OF INDIVIDUALS DETAINED AT NAVAL STA5 TION, GUANTANAMO BAY, CUBA

6 SEC. 7087. None of the funds made available in this 

7 Act, or any other Act, may be obligated for any country, 

8 including a state with a compact of free association with 

9 the United States, that concludes an agreement with the 

10 United States to receive by transfer or release individuals 

11 detained at Naval Station, Guantanamo Bay, Cuba, un12 less, not later than 5 days after the conclusion of the 

13 agreement but prior to implementation of the agreement, 

14 the Secretary of State notifies the Committees on Appro15 priations in writing of the terms of the agreement. 

16 IMF PROVISIONS

17 SEC. 7088. (a) OPPOSITION TO IMF PROVIDING

18 HARD CURRENCY FOR SDRS RECEIVED BY TERRORIST

19 COUNTRIES.—The Secretary of the Treasury shall in20 struct the United States Executive Director at the Inter21 national Monetary Fund to use the voice, vote, and influ22 ence of the United States to oppose the provision by the 

23 Fund of United States dollars, euros, or Japanese yen to 

24 any country the government of which the Secretary of 

25 State has determined, for purposes of section 6(j) of the 


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1 Export Administration Act of 1979, section 620A of the 

2 Foreign Assistance Act of 1961, or section 40 of the Arms 

3 Export Control Act, to be a government that has repeat4 edly provided support for acts of international terrorism, 

5 in exchange for any Special Drawing Rights received by 

6 the country pursuant to the amendments to the Articles 

7 of Agreement of the Fund as described in section 64 of 

8 the Bretton Woods Agreements Act. 

9 (b) SUNSET ON AUTHORITY TO MAKE LOANS TO

10 FUND THE NEW ARRANGEMENTS TO BORROW.—Section 

11 17(a)(2) of the Bretton Woods Agreements Act (22 U.S.C. 

12 286e-2(a)(2)) is amended by inserting ‘‘: Provided further, 

13 That the authority to make loans under this section shall 

14 expire on the date that is 5 years after the date of the 

15 enactment of this proviso’’ before the period. 

16 (c) LIMITATION ON PERCENTAGE OF NEW ARRANGE17 MENTS TO BORROW TO BE FUNDED BY THE UNITED

18 STATES.—At any time during fiscal years 2009 through 

19 2014, no United States contribution to the New Arrange20 ments to Borrow may cause the total amount of United 

21 States Government contributions to the New Arrange22 ments to Borrow to exceed 20 percent of the total amount 

23 of funds contributed to the New Arrangements to Borrow 

24 from all sources. 


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1 (d) REPORTING REQUIREMENTS.—Not later than 

2 December 15, 2009, and semiannually thereafter, the Sec3 retary of the Treasury, in consultation with other appro4 priate Federal agencies, shall submit to the Committees 

5 on Appropriations a report on the loans made and pro6 grams carried out using financing provided by or through 

7 the New Arrangements to Borrow. Each such report shall 

8 include the following: 

9 (1) A description of the economies of countries 

10 requiring the assistance from the New Arrangements 

11 to Borrow, including the monetary, fiscal, and ex12 change rate policies of the countries. 

13 (2) A description of the degree to which the 

14 countries requiring the assistance have fully imple15 mented domestic reforms including— 

16 (A) the enactment and implementation of 

17 appropriate financial reform legislation; 

18 (B) strengthening the domestic financial 

19 system and improving transparency and super20 vision; 

21 (C) opening domestic capital markets; and 

22 (D) making nontransparent conglomerate 

23 practices more transparent through the applica24 tion of internationally accepted accounting 

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1 closure, and provision of consolidated state2 ments. 

3 (3) A detailed description of the trade policies 

4 of the countries, including any unfair trade practices 

5 or adverse effects of the trade policies on the United 

6 States. 

7 (4) The amount, rate of interest, and disburse8 ment and repayment schedules of any funds dis9 bursed by the International Monetary Fund pursu10 ant to the New Arrangements to Borrow. 

11 INTELLECTUAL PROPERTY RIGHTS PROTECTIONS

12 SEC. 7089. Prior to the obligation of the funds made 

13 available in this Act for ‘‘Contribution to the Clean Tech14 nology Fund’’ or ‘‘Strategic Climate Fund’’ of the World 

15 Bank, the Secretary of State shall certify in writing to 

16 the Committees on Appropriations that all actions taken 

17 during the negotiations of the United Nations Framework 

18 Convention on Climate Change ensure robust compliance 

19 with and enforcement of existing international legal re20 quirements as of the date of the enactment of this Act 

21 that respect intellectual property rights and effective intel22 lectual property rights protection and enforcement for en23 ergy and environment technology, including wind, solar, 

24 biomass, geothermal, hydro, landfill gas, natural gas, ma25 rine, trash combustion, fuel cell, hydrogen, microturbine, 


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1 nuclear, clean coal, electric battery, alternative fuel, alter2 native refueling infrastructure, advanced vehicle, electric 

3 grid, or energy efficiency-related technologies. 

4 This Act may be cited as the ‘‘Department of State, 

5 Foreign Operations, and Related Programs Appropria6 tions Act, 2010’’. 


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Union Calendar No. 100 

111TH CONGRESS 

1ST SESSION H. R. 3081 

[Report No. 111–187] 

A BILL 

Making appropriations for the Department of 

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

JUNE 26, 2009 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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