II 

Calendar No. 107 

111TH CONGRESS 

1ST SESSION H. R. 3081 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2009 

Received; read twice and placed on the calendar 

AN ACT 

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 (increased by $300,000), of which 

11 $1,577,427,000 is for Worldwide Security Protection (to 

12 remain available until expended): Provided, That the Sec13 retary of State may transfer up to $137,600,000 of the 

14 total funds made available under this heading to any other 

15 appropriation of any department or agency of the United 

16 States, upon the concurrence of the head of such depart17 ment or agency, to support operations in and assistance 

18 for Afghanistan and to carry out the provisions of the For19 eign Assistance Act of 1961: Provided further, That, con20 sistent with existing law and regulation, the Secretary of 

21 State shall notify in writing the member of the House of 

22 Representatives representing the district of a left-behind 

23 parent when the parent reports an international child ab24 duction to the Department of State and the Secretary 

25 shall maintain a computerized data tracking system to 


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1 track and monitor such reported international child abduc2 tion cases: Provided further, That the requirements of the 

3 previous proviso shall not apply to cases where the left4 behind parent does not consent to the Secretary taking 

5 such actions: Provided further, That funds made available 

6 under this heading shall 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 (increased by $300,000), to remain 

23 available until September 30, 2011, of which not less 

24 than $381,800,000 shall be available only for public 

25 diplomacy international 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 

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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 (decreased by $25,300,000), to re16 main available until expended, as authorized: Provided, 

17 That section 135(e) of Public Law 103–236 shall not 

18 apply to funds available under this heading. 

19 OFFICE OF INSPECTOR GENERAL

20 For necessary expenses of the Office of Inspector 

21 General, $100,000,000 (increased by $8,000,000), not22 withstanding section 209(a)(1) of the Foreign Service Act 

23 of 1980 (Public Law 96–465), as it relates to post inspec24 tions, of which $23,000,000 (increased by $2,000,000) 

25 shall be for the Special Inspector General for Iraq ReconVerDate Nov 24 2008 23:12 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.PCS H3081

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1 struction for reconstruction oversight, and $23,000,000 

2 (increased by $2,000,000) shall be for the Special Inspec3 tor General for Afghanistan Reconstruction for recon4 struction oversight. 

5 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

6 For expenses of educational and cultural exchange 

7 programs, as authorized, $600,000,000, to remain avail8 able until expended: Provided, That not to exceed 

9 $5,000,000, to remain available until expended, may be 

10 credited to this appropriation from fees or other payments 

11 received from or in connection with English teaching, edu12 cational advising and counseling programs, and exchange 

13 visitor programs as authorized. 

14 REPRESENTATION ALLOWANCES

15 For representation allowances as authorized, 

16 $8,175,000. 

17 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

18 For expenses, not otherwise provided, to enable the 

19 Secretary of State to provide for extraordinary protective 

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

21 until September 30, 2011. 

22 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

23 For necessary expenses for carrying out the Foreign 

24 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre25 serving, maintaining, repairing, and planning for buildings 


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1 that are owned or directly leased by the Department of 

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

3 the Harry S Truman Building, and carrying out the Dip4 lomatic Security Construction Program as authorized, 

5 $876,850,000, to remain available until expended as au6 thorized, of which not to exceed $25,000 may be used for 

7 domestic and overseas representation as authorized: Pro8 vided, That none of the funds appropriated in this para9 graph shall be available for acquisition of furniture, fur10 nishings, or generators for other departments and agen11 cies. 

12 In addition, for the costs of worldwide security up13 grades, acquisition, and construction as authorized, 

14 $847,300,000, to remain available until expended. 

15 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

16 SERVICE

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses to enable the Secretary of 

19 State to meet unforeseen emergencies arising in the Diplo20 matic and Consular Service, $10,000,000, to remain avail21 able until expended as authorized, of which not to exceed 

22 $1,000,000 may be transferred to, and merged with, funds 

23 appropriated by this Act under the heading ‘‘Repatriation 

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

25 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 23:12 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.PCS 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, 

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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 

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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 23:12 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.PCS 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 (decreased by $28,000,000), to re18 main available until expended: Provided, That this amount 

19 is in addition to funds otherwise available for such pur20 poses: Provided further, That funds appropriated under 

21 this heading shall be available for obligation only pursuant 

22 to the regular notification procedures of the Committees 

23 on Appropriations. 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses to carry out the provisions 

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

4 $46,500,000, to remain available until September 30, 

5 2011, which sum shall be available for the Office of the 

6 Inspector General of the United States Agency for Inter7 national Development. 

8 TITLE III 

9 BILATERAL ECONOMIC ASSISTANCE 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 For necessary expenses to enable the President to 

12 carry out the provisions of the Foreign Assistance Act of 

13 1961, and for other purposes, to remain available until 

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

15 follows: 

16 GLOBAL HEALTH AND CHILD SURVIVAL

17 (INCLUDING TRANSFER OF FUNDS)

18 For necessary expenses to carry out the provisions 

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

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

21 funds otherwise available for such purposes, 

22 $2,375,000,000 (increased by $10,000,000), to remain 

23 available until September 30, 2011, and which shall be 

24 apportioned directly to the United States Agency for 

25 International Development: Provided, That this amount 


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1 shall be made available for such activities as: (1) child sur2 vival and maternal health programs; (2) immunization and 

3 oral rehydration programs; (3) other health, nutrition, 

4 water and sanitation programs which directly address the 

5 needs of mothers and children, and related education pro6 grams; (4) assistance for children displaced or orphaned 

7 by causes other than AIDS; (5) programs for the preven8 tion, treatment, control of, and research on HIV/AIDS, 

9 tuberculosis, polio, malaria, and other infectious diseases, 

10 and for assistance to communities severely affected by 

11 HIV/AIDS, including children infected or affected by 

12 AIDS; and (6) family planning/reproductive health: Pro13 vided further, That none of the funds appropriated under 

14 this paragraph may be made available for nonproject as15 sistance, except that funds may be made available for such 

16 assistance for ongoing health activities: Provided further, 

17 That of the funds appropriated under this paragraph, not 

18 to exceed $400,000, in addition to funds otherwise avail19 able for such purposes, may be used to monitor and pro20 vide oversight of child survival, maternal and family plan21 ning/reproductive health, and infectious disease programs: 

22 Provided further, That of the funds appropriated under 

23 this paragraph, $77,000,000 should be made available for 

24 a United States contribution to The GAVI Fund: Provided 

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


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1 nor any unobligated balances from prior appropriations 

2 Acts may be made available to any organization or pro3 gram which, as determined by the President of the United 

4 States, supports or participates in the management of a 

5 program of coercive abortion or involuntary sterilization: 

6 Provided further, That any determination made under the 

7 previous proviso must be made no later than 6 months 

8 after the date of enactment of this Act, and must be ac9 companied by a comprehensive analysis as well as the com10 plete evidence and criteria utilized to make the determina11 tion: Provided further, That none of the funds made avail12 able under this Act may be used to pay for the perform13 ance of abortion as a method of family planning or to mo14 tivate or coerce any person to practice abortions: Provided 

15 further, That nothing in this paragraph shall be construed 

16 to alter any existing statutory prohibitions against abor17 tion under section 104 of the Foreign Assistance Act of 

18 1961: Provided further, That none of the funds made 

19 available under this Act may be used to lobby for or 

20 against abortion: Provided further, That in order to reduce 

21 reliance on abortion in developing nations, funds shall be 

22 available only to voluntary family planning projects which 

23 offer, either directly or through referral to, or information 

24 about access to, a broad range of family planning methods 

25 and services, and that any such voluntary family planning 


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1 project shall meet the following requirements: (1) service 

2 providers or referral agents in the project shall not imple3 ment or be subject to quotas, or other numerical targets, 

4 of total number of births, number of family planning ac5 ceptors, or acceptors of a particular method of family 

6 planning (this provision shall not be construed to include 

7 the use of quantitative estimates or indicators for budg8 eting and planning purposes); (2) the project shall not in9 clude payment of incentives, bribes, gratuities, or financial 

10 reward to: (A) an individual in exchange for becoming a 

11 family planning acceptor; or (B) program personnel for 

12 achieving a numerical target or quota of total number of 

13 births, number of family planning acceptors, or acceptors 

14 of a particular method of family planning; (3) the project 

15 shall not deny any right or benefit, including the right of 

16 access to participate in any program of general welfare 

17 or the right of access to health care, as a consequence 

18 of any individual’s decision not to accept family planning 

19 services; (4) the project shall provide family planning ac20 ceptors comprehensible information on the health benefits 

21 and risks of the method chosen, including those conditions 

22 that might render the use of the method inadvisable and 

23 those adverse side effects known to be consequent to the 

24 use of the method; and (5) the project shall ensure that 

25 experimental contraceptive drugs and devices and medical 


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1 procedures are provided only in the context of a scientific 

2 study in which participants are advised of potential risks 

3 and benefits; and, not less than 60 days after the date 

4 on which the Administrator of the United States Agency 

5 for International Development determines that there has 

6 been a violation of the requirements contained in para7 graph (1), (2), (3), or (5) of this proviso, or a pattern 

8 or practice of violations of the requirements contained in 

9 paragraph (4) of this proviso, the Administrator shall sub10 mit to the Committees on Appropriations a report con11 taining a description of such violation and the corrective 

12 action taken by the Agency: Provided further, That in 

13 awarding grants for natural family planning under section 

14 104 of the Foreign Assistance Act of 1961 no applicant 

15 shall be discriminated against because of such applicant’s 

16 religious or conscientious commitment to offer only nat17 ural family planning; and, additionally, all such applicants 

18 shall comply with the requirements of the previous proviso: 

19 Provided further, That for purposes of this or any other 

20 Act authorizing or appropriating funds for the Depart21 ment of State, foreign operations, and related programs, 

22 the term ‘‘motivate’’, as it relates to family planning as23 sistance, shall not be construed to prohibit the provision, 

24 consistent with local law, of information or counseling 

25 about all pregnancy options: Provided further, That to the 


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1 maximum extent feasible, taking into consideration cost, 

2 timely availability, and best health practices, funds appro3 priated in this Act or prior appropriations Acts that are 

4 made available for condom procurement shall be made 

5 available only for the procurement of condoms manufac6 tured in the United States: Provided further, That infor7 mation provided about the use of condoms as part of 

8 projects or activities that are funded from amounts appro9 priated by this Act shall be medically accurate and shall 

10 include the public health benefits and failure rates of such 

11 use. 

12 In addition, for necessary expenses to carry out the 

13 provisions of the Foreign Assistance Act of 1961 for the 

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

15 HIV/AIDS, $5,409,000,000, to remain available until ex16 pended, and which shall be apportioned directly to the De17 partment of State: Provided, That of the funds appro18 priated under this paragraph, not less than $750,000,000 

19 shall be made available, notwithstanding any other provi20 sion of law, except for the United States Leadership 

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

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

23 contribution to the Global Fund to Fight AIDS, Tuber24 culosis and Malaria, and shall be expended at the min25 imum rate necessary to make timely payment for projects 


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

2 the aggregate amount of funds made available to the Glob3 al Fund in fiscal year 2010 may be made available to the 

4 United States Agency for International Development for 

5 technical assistance related to the activities of the Global 

6 Fund: Provided further, That of the funds appropriated 

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

8 available, in addition to amounts otherwise available for 

9 such purposes, for administrative expenses of the Office 

10 of the Global AIDS Coordinator. 

11 DEVELOPMENT ASSISTANCE

12 For necessary expenses to carry out the provisions 

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

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

15 of 1961, $2,465,000,000 (increased by $25,000,000), to 

16 remain available until September 30, 2011: Provided, 

17 That of the funds appropriated under this heading that 

18 are made available for assistance programs for displaced 

19 and orphaned children and victims of war, not to exceed 

20 $44,000, in addition to funds otherwise available for such 

21 purposes, may be used to monitor and provide oversight 

22 of such programs: Provided further, That of the funds ap23 propriated by this Act, not less than $265,000,000 shall 

24 be made available for microenterprise and microfinance 

25 development programs for the poor, especially women: 


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1 Provided further, That of the funds appropriated under 

2 this heading, not less than $24,000,000 shall be made 

3 available for the American Schools and Hospitals Abroad 

4 program: Provided further, That of the funds appropriated 

5 by this Act, not less than $310,000,000 (increased by 

6 $25,000,000) shall be made available for water and sani7 tation supply projects pursuant to the Senator Paul Simon 

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

9 Provided further, That of the funds appropriated by title 

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

11 available for food security and agricultural development 

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

13 for Collaborative Research Support Programs: Provided 

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

15 the previous proviso and after consultation with other rel16 evant Federal departments and agencies, the Committees 

17 on Appropriations, and relevant nongovernmental organi18 zations, the Administrator of the United States Agency 

19 for International Development shall submit to the Com20 mittees on Appropriations a strategy for achieving the 

21 food security and agricultural development program goals: 

22 Provided further, That of the funds appropriated under 

23 this heading for food security and agricultural develop24 ment programs, $10,000,000 shall be made available for 

25 a United States contribution to the endowment of the 


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1 Global Crop Diversity Trust pursuant to section 3202 of 

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

3 appropriated under this heading, not less than 

4 $20,000,000 shall be made available for programs to im5 prove women’s leadership capacity in recipient countries. 

6 INTERNATIONAL DISASTER ASSISTANCE

7 For necessary expenses to carry out the provisions 

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

9 international disaster relief, rehabilitation, and recon10 struction assistance, $830,000,000, to remain available 

11 until expended. 

12 TRANSITION INITIATIVES

13 For necessary expenses for international disaster re14 habilitation and reconstruction assistance pursuant to sec15 tion 491 of the Foreign Assistance Act of 1961, 

16 $100,000,000, to remain available until expended, to sup17 port transition to democracy and to long-term develop18 ment of countries in crisis: Provided, That such support 

19 may include assistance to develop, strengthen, or preserve 

20 democratic institutions and processes, revitalize basic in21 frastructure, and foster the peaceful resolution of conflict: 

22 Provided further, That of the funds made available under 

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

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

25 of the funds made available for the Rapid Response Fund 


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1 may be obligated until the Administrator of the United 

2 States Agency for International Development consults 

3 with the Committees on Appropriations on the country 

4 that will receive assistance, the level of assistance pro5 posed for such country, a description of the proposed pro6 grams, projects and activities, and the implementing agen7 cies or departments of the United States Government: 

8 Provided further, That the United States Agency for Inter9 national Development shall submit a report to the Com10 mittees on Appropriations at least 5 days prior to begin11 ning a new program of assistance. 

12 DEVELOPMENT CREDIT AUTHORITY

13 (INCLUDING TRANSFER OF FUNDS)

14 For the cost of direct loans and loan guarantees pro15 vided by the United States Agency for International De16 velopment, as authorized by sections 256 and 635 of the 

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

18 be derived by transfer from funds appropriated by this Act 

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

20 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro21 vided, That funds provided under this paragraph and 

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

23 Foreign Assistance Act of 1961 shall be made available 

24 only for micro and small enterprise programs, urban pro25 grams, and other programs which further the purposes of 


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1 part I of such Act: Provided further, That such costs, in2 cluding the cost of modifying such direct and guaranteed 

3 loans, shall be as defined in section 502 of the Congres4 sional Budget Act of 1974, as amended: Provided further, 

5 That funds made available by this paragraph may be used 

6 for the cost of modifying any such guaranteed loans under 

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

8 be subject to the regular notification procedures of the 

9 Committees on Appropriations: Provided further, That the 

10 provisions of section 107A(d) (relating to general provi11 sions applicable to the Development Credit Authority) of 

12 the Foreign Assistance Act of 1961, as contained in sec13 tion 306 of H.R. 1486 as reported by the House Com14 mittee on International Relations on May 9, 1997, shall 

15 be applicable to direct loans and loan guarantees provided 

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

17 available to subsidize total loan principal, any portion of 

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

19 In addition, for administrative expenses to carry out 

20 credit programs administered by the United States Agency 

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

22 transferred to, and merged with, funds made available 

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

24 Act: Provided, That funds made available under this head25 ing shall remain available until September 30, 2012. 


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1 ECONOMIC SUPPORT FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For necessary expenses to carry out the provisions 

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

5 1961, $6,370,096,000, to remain available until Sep6 tember 30, 2011: Provided, That of the funds appro7 priated under this heading, $250,000,000 shall be avail8 able only for Egypt, which sum shall be provided on a 

9 grant basis, and of which sum cash transfer assistance 

10 shall be provided with the understanding that Egypt will 

11 undertake significant economic and democratic reforms 

12 which are additional to those which were undertaken in 

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

14 appropriated under this heading for assistance for Egypt, 

15 not less than $25,000,000 shall be made available for de16 mocracy, human rights and governance programs, and not 

17 less than $25,000,000 shall be made available for edu18 cation programs: Provided further, That $11,000,000 of 

19 the funds appropriated under this heading should be made 

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

22 bicommunal projects, and measures aimed at reunification 

23 of the island and designed to reduce tensions and promote 

24 peace and cooperation between the two communities on 

25 Cyprus: Provided further, That of the funds appropriated 


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

2 made available only for assistance for Jordan: Provided 

3 further, That of the funds appropriated under this heading 

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

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

6 exceed $2,000,000 may be used for administrative ex7 penses of the United States Agency for International De8 velopment (USAID), in addition to funds otherwise avail9 able for such purposes, to carry out programs in the West 

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

11 $150,000,000 of the funds provided for the West Bank 

12 and Gaza shall be for cash transfer assistance: Provided 

13 further, That of the funds appropriated under this heading 

14 for assistance for Afghanistan and Pakistan, assistance 

15 may be provided notwithstanding any provision of law that 

16 restricts assistance to foreign countries for cross border 

17 stabilization and development programs between Afghani18 stan and Pakistan or between either country and the Cen19 tral Asian republics: Provided further, That $300,000,000 

20 of the funds made available for assistance for Afghanistan 

21 under this heading may be obligated for such assistance 

22 only after the Secretary of State certifies to the Commit23 tees on Appropriations that the Government of Afghani24 stan at both the national and provincial level is cooper25 ating fully with United States-funded poppy eradication 


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1 and interdiction efforts in Afghanistan: Provided further, 

2 That the President may waive the previous proviso if the 

3 President determines and reports to the Committees on 

4 Appropriations that to do so is vital to the national secu5 rity interests of the United States: Provided further, That 

6 of the funds appropriated under this heading, 

7 $200,660,000 shall be apportioned directly to USAID for 

8 alternative development/institution building programs in 

9 Colombia: Provided further, That of the funds appro10 priated under this heading that are available for Colombia, 

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

12 merged with, funds appropriated under the heading ‘‘Mi13 gration and Refugee Assistance’’ and shall be made avail14 able only for assistance to nongovernmental organizations 

15 that provide emergency relief aid to Colombian refugees 

16 in neighboring countries. 

17 DEMOCRACY FUND

18 For necessary expenses to carry out the provisions 

19 of the Foreign Assistance Act of 1961 for the promotion 

20 of democracy globally, $120,000,000 (increased by 

21 $10,000,000), to remain available until September 30, 

22 2011, of which $70,000,000 shall be made available for 

23 the Human Rights and Democracy Fund of the Bureau 

24 of Democracy, Human Rights and Labor, Department of 

25 State, and $50,000,000 shall be made available for the 


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1 Office of Democracy and Governance of the Bureau for 

2 Democracy, Conflict, and Humanitarian Assistance, 

3 United States Agency for International Development: Pro4 vided, That funds appropriated by this Act that are made 

5 available for the promotion of democracy may be made 

6 available notwithstanding any other provision of law, and 

7 with regard to the National Endowment for Democracy, 

8 any regulation: Provided further, That with respect to the 

9 provision of assistance for democracy, human rights and 

10 governance activities in this Act, the organizations imple11 menting such assistance and the specific nature of that 

12 assistance shall not be subject to the prior approval by 

13 the government of any foreign country. 

14 INTERNATIONAL FUND FOR IRELAND

15 For necessary expenses to carry out the provisions 

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

17 1961, $18,000,000, which shall be available for the United 

18 States contribution to the International Fund for Ireland 

19 and shall be made available in accordance with the provi20 sions of the Anglo-Irish Agreement Support Act of 1986 

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

22 be expended at the minimum rate necessary to make time23 ly payment for projects and activities: Provided further, 

24 That funds made available under this heading shall re25 main available until September 30, 2011. 


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1 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

2 For necessary expenses to carry out the provisions 

3 of the Foreign Assistance Act of 1961, the FREEDOM 

4 Support Act, and the Support for East European Democ5 racy (SEED) Act of 1989, $722,253,000, to remain avail6 able until September 30, 2011, which shall be available, 

7 notwithstanding any other provision of law, for assistance 

8 and for related programs for countries identified in section 

9 3 of the FREEDOM Support Act and section 3(c) of the 

10 SEED Act: Provided, That funds appropriated under this 

11 heading shall be considered to be economic assistance 

12 under the Foreign Assistance Act of 1961 for purposes 

13 of making available the administrative authorities con14 tained in that Act for the use of economic assistance: Pro15 vided further, That notwithstanding any provision of this 

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

17 the headings ‘‘Independent States of the Former Soviet 

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

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

20 currencies generated by or converted from such funds, 

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

22 are made available under this heading without regard to 

23 the geographic limitations of the heading under which 

24 such funds were originally appropriated: Provided further, 

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1 gion may be used for confidence-building measures and 

2 other activities in furtherance of the peaceful resolution 

3 of conflicts, including in Nagorno-Karabagh. 

4 DEPARTMENT OF STATE

5 INTERNATIONAL NARCOTICS CONTROL AND LAW

6 ENFORCEMENT

7 For necessary expenses to carry out section 481 of 

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

9 remain available until September 30, 2011: Provided, 

10 That during fiscal year 2010, the Department of State 

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

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

13 to receive excess property from an agency of the United 

14 States Government for the purpose of providing it to a 

15 foreign country or international organization under chap16 ter 8 of part I of that Act subject to the regular notifica17 tion procedures of the Committees on Appropriations: Pro18 vided further, That the Secretary of State shall provide 

19 to the Committees on Appropriations not later than 45 

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

21 to the initial obligation of funds appropriated under this 

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

23 this heading on a country-by-country basis for each pro24 posed program, project, or activity: Provided further, That 

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


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1 not apply to funds appropriated under this heading: Pro2 vided further, That assistance provided with funds appro3 priated under this heading that is made available notwith4 standing section 482(b) of the Foreign Assistance Act of 

5 1961 shall be made available subject to the regular notifi6 cation procedures of the Committees on Appropriations: 

7 Provided further, That none of the funds appropriated 

8 under this heading for assistance for Afghanistan may be 

9 made available for eradication programs through the aer10 ial spraying of herbicides unless the Secretary of State de11 termines and reports to the Committees on Appropriations 

12 that the President of Afghanistan has requested assistance 

13 for such aerial spraying programs for counternarcotics 

14 purposes: Provided further, That in the event the Sec15 retary of State makes a determination pursuant to the 

16 previous proviso, the Secretary shall consult with the Com17 mittees on Appropriations prior to the obligation of funds 

18 for such eradication programs: Provided further, That 

19 none of the funds appropriated under this heading for as20 sistance for Colombia shall be made available for budget 

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

22 appropriated under this heading that are made available 

23 for assistance for the Bolivian military and police may be 

24 made available for such purposes only if the Secretary of 

25 State certifies to the Committees on Appropriations that 


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1 the Bolivian military and police are respecting internation2 ally recognized human rights and cooperating fully with 

3 investigations and prosecutions by civilian judicial authori4 ties of military and police personnel who have been 

5 credibly alleged to have violated such rights: Provided fur6 ther, That in order to enhance border security and co7 operation in law enforcement efforts between the United 

8 States and Mexico, funds appropriated under this heading 

9 for assistance for Mexico may be made available for the 

10 procurement of law enforcement communications equip11 ment only if such equipment utilizes open standards and 

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

13 communications systems and related equipment utilized by 

14 Federal law enforcement agencies in the United States to 

15 enhance border security and cooperation in law enforce16 ment efforts between Mexico and the United States. 

17 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

18 RELATED PROGRAMS

19 For necessary expenses for nonproliferation, anti-ter20 rorism, demining and related programs and activities, 

21 $717,430,000, to carry out the provisions of chapter 8 of 

22 part II of the Foreign Assistance Act of 1961 for anti23 terrorism assistance, chapter 9 of part II of the Foreign 

24 Assistance Act of 1961, section 504 of the FREEDOM 

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


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1 or the Foreign Assistance Act of 1961 for demining activi2 ties, the clearance of unexploded ordnance, the destruction 

3 of small arms, and related activities, notwithstanding any 

4 other provision of law, including activities implemented 

5 through nongovernmental and international organizations, 

6 and section 301 of the Foreign Assistance Act of 1961 

7 for a voluntary contribution to the International Atomic 

8 Energy Agency (IAEA), and for a United States contribu9 tion to the Comprehensive Nuclear Test Ban Treaty Pre10 paratory Commission: Provided, That of this amount not 

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

12 may be made available for the Nonproliferation and Disar13 mament Fund, notwithstanding any other provision of 

14 law, to promote bilateral and multilateral activities relat15 ing to nonproliferation, disarmament and weapons de16 struction: Provided further, That such funds may also be 

17 used for such countries other than the Independent States 

18 of the former Soviet Union and international organiza19 tions when it is in the national security interest of the 

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

21 available for the Nonproliferation and Disarmament Fund 

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

23 notification procedures of, the Committees on Appropria24 tions: Provided further, That funds appropriated under 

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


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1 Secretary of State determines (and so reports to the Con2 gress) that Israel is not being denied its right to partici3 pate in the activities of that Agency: Provided further, 

4 That of the funds appropriated under this heading, not 

5 more than $500,000 may be made available for public6 private partnerships for conventional weapons and mine 

7 action by grant, cooperative agreement or contract: Pro8 vided further, That of the funds made available for 

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

10 in addition to funds otherwise available for such purposes, 

11 may be used for administrative expenses related to the op12 eration and management of the demining program: Pro13 vided further, That funds appropriated under this heading 

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

15 ‘‘Export Control and Border Security’’ shall remain avail16 able until September 30, 2011. 

17 MIGRATION AND REFUGEE ASSISTANCE

18 For necessary expenses, not otherwise provided for, 

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

20 by law, a contribution to the International Committee of 

21 the Red Cross, assistance to refugees, including contribu22 tions to the International Organization for Migration and 

23 the United Nations High Commissioner for Refugees, and 

24 other activities to meet refugee and migration needs; sala25 ries and expenses of personnel and dependents as authorVerDate Nov 24 2008 23:12 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.PCS H3081

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1 ized by the Foreign Service Act of 1980; allowances as 

2 authorized by sections 5921 through 5925 of title 5, 

3 United States Code; purchase and hire of passenger motor 

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

5 5, United States Code, $1,480,444,000, to remain avail6 able until expended, of which not less than $25,000,000 

7 shall be made available for refugees resettling in Israel. 

8 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

9 ASSISTANCE FUND

10 For necessary expenses to carry out the provisions 

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

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

13 $75,000,000, to remain available until expended. 

14 INDEPENDENT AGENCIES

15 PEACE CORPS

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses to carry out the provisions 

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

19 the purchase of not to exceed five passenger motor vehicles 

20 for administrative purposes for use outside of the United 

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

22 30, 2011: Provided, That none of the funds appropriated 

23 under this heading shall be used to pay for abortions: Pro24 vided further, That the Director of the Peace Corps may 

25 transfer to the Foreign Currency Fluctuations Account, 


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

2 $5,000,000: Provided further, That funds transferred pur3 suant to the previous proviso may not be derived from 

4 amounts made available for Peace Corps overseas oper5 ations: Provided further, That of the funds appropriated 

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

7 available for entertainment expenses: Provided further, 

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

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

10 any office, shall be subject to the regular notification pro11 cedures of the Committees on Appropriations. 

12 MILLENNIUM CHALLENGE CORPORATION

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses to carry out the provisions 

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

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

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

18 may be available for administrative expenses of the Millen19 nium Challenge Corporation (the Corporation): Provided 

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

21 under this heading may be made available to carry out 

22 the purposes of section 616 of the Millennium Challenge 

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

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

25 shall apply to funds appropriated under this heading: ProVerDate Nov 24 2008 23:12 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.PCS H3081

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1 vided further, That funds appropriated under this heading 

2 may be made available for a Millennium Challenge Com3 pact entered into pursuant to section 609 of the Millen4 nium Challenge Act of 2003 only if such Compact obli5 gates, or contains a commitment to obligate subject to the 

6 availability of funds and the mutual agreement of the par7 ties to the Compact to proceed, the entire amount of the 

8 United States Government funding anticipated for the du9 ration of the Compact: Provided further, That the Cor10 poration should reimburse the United States Agency for 

11 International Development (USAID) for all expenses in12 curred by USAID with funds appropriated under this 

13 heading in assisting the Corporation in carrying out the 

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

15 seq.), including administrative costs for compact develop16 ment, negotiation, and implementation: Provided further, 

17 That the Chief Executive Officer of the Millennium Chal18 lenge Corporation shall notify the Committees on Appro19 priations not later than 15 days prior to signing any new 

20 country compact or new threshold country program; termi21 nating or suspending any country compact or threshold 

22 country program; or commencing negotiations for any new 

23 compact or threshold country program: Provided further, 

24 That of the funds appropriated under this heading, not 

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


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1 and entertainment allowances, of which not to exceed 

2 $5,000 may be available for entertainment allowances. 

3 INTER-AMERICAN FOUNDATION

4 For necessary expenses to carry out the functions of 

5 the Inter-American Foundation in accordance with the 

6 provisions of section 401 of the Foreign Assistance Act 

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

8 30, 2011: Provided, That of the funds appropriated under 

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

10 entertainment and representation allowances. 

11 AFRICAN DEVELOPMENT FOUNDATION

12 For necessary expenses to carry out title V of the 

13 International Security and Development Cooperation Act 

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

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

16 made available to grantees may be invested pending ex17 penditure for project purposes when authorized by the 

18 Board of Directors of the Foundation: Provided further, 

19 That interest earned shall be used only for the purposes 

20 for which the grant was made: Provided further, That not21 withstanding section 505(a)(2) of the African Develop22 ment Foundation Act, in exceptional circumstances the 

23 Board of Directors of the Foundation may waive the 

24 $250,000 limitation contained in that section with respect 

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


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1 up to $10,000 if the increase is due solely to foreign cur2 rency fluctuation: Provided further, That the Foundation 

3 shall provide a report to the Committees on Appropria4 tions after each time such waiver authority is exercised. 

5 DEPARTMENT OF THE TREASURY

6 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

7 For necessary expenses to carry out the provisions 

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

9 $25,000,000, to remain available until September 30, 

10 2012, which shall be available notwithstanding any other 

11 provision of law. 

12 DEBT RESTRUCTURING

13 For the cost, as defined in section 502 of the Con14 gressional Budget Act of 1974, of modifying loans and 

15 loan guarantees, as the President may determine, for 

16 which funds have been appropriated or otherwise made 

17 available for programs within the International Affairs 

18 Budget Function 150, including the cost of selling, reduc19 ing, or canceling amounts owed to the United States as 

20 a result of concessional loans made to eligible countries, 

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

22 of 1961, of modifying concessional credit agreements with 

23 least developed countries, as authorized under section 411 

24 of the Agricultural Trade Development and Assistance Act 

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


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1 and credit agreements, as authorized under section 572 

2 of the Foreign Operations, Export Financing, and Related 

3 Programs Appropriations Act, 1989 (Public Law 100– 

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

5 or guarantees made pursuant to the Export-Import Bank 

6 Act of 1945, by countries that are eligible for debt reduc7 tion pursuant to title V of H.R. 3425 as enacted into law 

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

9 $60,000,000, to remain available until September 30, 

10 2012: Provided, That not less than $20,000,000 of the 

11 funds appropriated under this heading shall be made avail12 able to carry out the provisions of part V of the Foreign 

13 Assistance Act of 1961: Provided further, That amounts 

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

15 debt reduction under the enhanced HIPC initiative by— 

16 (1) the Inter-American Development Bank; 

17 (2) the African Development Fund; 

18 (3) the African Development Bank; and 

19 (4) the Central American Bank for Economic 

20 Integration: 

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

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

23 of State has credible evidence that the government of such 

24 country is engaged in a consistent pattern of gross viola25 tions of internationally recognized human rights or in miliVerDate Nov 24 2008 23:12 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.PCS H3081

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1 tary or civil conflict that undermines its ability to develop 

2 and implement measures to alleviate poverty and to devote 

3 adequate human and financial resources to that end: Pro4 vided further, That on the basis of final appropriations, 

5 the Secretary of the Treasury shall consult with the Com6 mittees on Appropriations concerning which countries and 

7 international financial institutions are expected to benefit 

8 from a United States contribution to the HIPC Trust 

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

10 Secretary of the Treasury shall notify the Committees on 

11 Appropriations not less than 15 days in advance of the 

12 signature of an agreement by the United States to make 

13 payments to the HIPC Trust Fund of amounts for such 

14 countries and institutions: Provided further, That the Sec15 retary of the Treasury may disburse funds designated for 

16 debt reduction through the HIPC Trust Fund only for the 

17 benefit of countries that— 

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

19 not to accept new market-rate loans from the inter20 national financial institution receiving debt repay21 ment as a result of such disbursement, other than 

22 loans made by such institutions to export-oriented 

23 commercial projects that generate foreign exchange 

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

25 and 


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1 (2) have documented and demonstrated their 

2 commitment to redirect their budgetary resources 

3 from international debt repayments to programs to 

4 alleviate poverty and promote economic growth that 

5 are additional to or expand upon those previously 

6 available for such purposes: 

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

8 section 411 of the Agricultural Trade Development and 

9 Assistance Act of 1954 shall not apply to funds appro10 priated under this heading: Provided further, That none 

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

12 any other appropriations Act shall be made available for 

13 Sudan or Burma unless the Secretary of the Treasury de14 termines and notifies the Committees on Appropriations 

15 that a democratically elected government has taken office. 

16 TITLE IV 

17 INTERNATIONAL SECURITY ASSISTANCE 

18 FUNDS APPROPRIATED TO THE PRESIDENT

19 PEACEKEEPING OPERATIONS

20 For necessary expenses to carry out the provisions 

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

22 $331,500,000: Provided, That funds appropriated under 

23 this heading may be used, notwithstanding section 660 of 

24 the Foreign Assistance Act, to provide assistance to en25 hance the capacity of foreign security forces, including 


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1 gendarmes, to participate in peacekeeping operations: Pro2 vided further, That of the funds made available under this 

3 heading, not less than $26,000,000 shall be made avail4 able for a United States contribution to the Multinational 

5 Force and Observers mission in the Sinai: Provided fur6 ther, That up to $102,000,000 may be made available for 

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

8 be used to pay assessed expenses of international peace9 keeping activities in Somalia: Provided further, That none 

10 of the funds appropriated under this heading shall be obli11 gated or expended except as provided through the regular 

12 notification procedures of the Committees on Appropria13 tions. 

14 INTERNATIONAL MILITARY EDUCATION AND TRAINING

15 For necessary expenses to carry out the provisions 

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

17 $110,283,000, of which up to $4,000,000 may remain 

18 available until expended and may only be provided through 

19 the regular notification procedures of the Committees on 

20 Appropriations: Provided, That the civilian personnel for 

21 whom military education and training may be provided 

22 under this heading may include civilians who are not mem23 bers of a government whose participation would contribute 

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

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


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1 That funds made available under this heading for assist2 ance for Haiti, Guatemala, the Democratic Republic of the 

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

4 Libya, and Angola may only be provided through the reg5 ular notification procedures of the Committees on Appro6 priations and any such notification shall include a detailed 

7 description of proposed activities: Provided further, That 

8 of the funds appropriated under this heading, not to ex9 ceed $55,000 may be available for entertainment allow10 ances. 

11 FOREIGN MILITARY FINANCING PROGRAM

12 For necessary expenses for grants to enable the 

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

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

15 That to expedite the provision of assistance to foreign 

16 countries and international organizations, the Secretary of 

17 State may use the funds appropriated under this heading 

18 to procure defense articles and services to enhance the ca19 pacity of foreign security forces: Provided further, That 

20 the Department of State shall consult with the Commit21 tees on Appropriations prior to exercising the authority 

22 contained in the previous proviso: Provided further, That 

23 of the funds appropriated under this heading, not less 

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

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


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1 available for grants only for Egypt, including for border 

2 security programs and activities in the Sinai: Provided fur3 ther, That the funds appropriated by this paragraph for 

4 Israel shall be disbursed within 30 days of the enactment 

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

6 Government of Israel requests that funds be used for such 

7 purposes, grants made available for Israel by this para8 graph shall, as agreed by the United States and Israel, 

9 be available for advanced weapons systems, of which not 

10 less than $583,860,000 shall be available for the procure11 ment in Israel of defense articles and defense services, in12 cluding research and development: Provided further, That 

13 funds appropriated under this heading estimated to be 

14 outlayed for Egypt during fiscal year 2010 shall be trans15 ferred to an interest bearing account for Egypt in the Fed16 eral Reserve Bank of New York within 30 days of enact17 ment of this Act: Provided further, That of the funds ap18 propriated by this paragraph, $150,000,000 shall be made 

19 available for assistance for Jordan: Provided further, That 

20 of the funds appropriated under this heading, not more 

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

22 $12,500,000 is available to support maritime interdiction 

23 and riverine operations: Provided further, That funds ap24 propriated under this heading for assistance for Pakistan 

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1 terrorism and law enforcement activities directed against 

2 Al Qaeda, the Taliban and associated terrorist groups: 

3 Provided further, That none of the funds made available 

4 under this heading shall be made available to support or 

5 continue any program initially funded under the authority 

6 of section 1206 of the National Defense Authorization Act 

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

8 3456) unless the Department of State, in coordination 

9 with the Department of Defense, has justified such pro10 gram to the Committees on Appropriations: Provided fur11 ther, That funds appropriated or otherwise made available 

12 by this paragraph shall be nonrepayable notwithstanding 

13 any requirement in section 23 of the Arms Export Control 

14 Act: Provided further, That funds made available under 

15 this paragraph shall be obligated upon apportionment in 

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

17 States Code, section 1501(a). 

18 None of the funds made available under this heading 

19 shall be available to finance the procurement of defense 

20 articles, defense services, or design and construction serv21 ices that are not sold by the United States Government 

22 under the Arms Export Control Act unless the foreign 

23 country proposing to make such procurements has first 

24 signed an agreement with the United States Government 

25 specifying the conditions under which such procurements 


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1 may be financed with such funds: Provided, That all coun2 try and funding level increases in allocations shall be sub3 mitted through the regular notification procedures of sec4 tion 7015 of this Act: Provided further, That none of the 

5 funds appropriated under this heading may be made avail6 able for assistance for Nepal, Sri Lanka, Pakistan, Ban7 gladesh, Philippines, Indonesia, Bosnia and Herzegovina, 

8 Haiti, Guatemala, Ethiopia, and the Democratic Republic 

9 of the Congo except pursuant to the regular notification 

10 procedures of the Committees on Appropriations: Provided 

11 further, That funds made available under this heading 

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

13 for demining, the clearance of unexploded ordnance, and 

14 related activities, and may include activities implemented 

15 through nongovernmental and international organizations: 

16 Provided further, That only those countries for which as17 sistance was justified for the ‘‘Foreign Military Sales Fi18 nancing Program’’ in the fiscal year 1989 congressional 

19 presentation for security assistance programs may utilize 

20 funds made available under this heading for procurement 

21 of defense articles, defense services or design and con22 struction services that are not sold by the United States 

23 Government under the Arms Export Control Act: Provided 

24 further, That funds appropriated under this heading shall 

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1 ly payment for defense articles and services: Provided fur2 ther, That not more than $54,464,000 of the funds appro3 priated under this heading may be obligated for necessary 

4 expenses, including the purchase of passenger motor vehi5 cles for replacement only for use outside of the United 

6 States, for the general costs of administering military as7 sistance and sales, except that this limitation may be ex8 ceeded only through the regular notification procedures of 

9 the Committees on Appropriations: Provided further, That 

10 of the funds appropriated under this heading for general 

11 costs of administering military assistance and sales, not 

12 to exceed $4,000 may be available for entertainment ex13 penses and not to exceed $130,000 may be available for 

14 representation allowances: Provided further, That not 

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

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

17 be obligated for expenses incurred by the Department of 

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

19 of the Arms Export Control Act, except that this limita20 tion may be exceeded only through the regular notification 

21 procedures of the Committees on Appropriations. 


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1 TITLE V 

2 MULTILATERAL ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 For necessary expenses to carry out the provisions 

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

7 of section 2 of the United Nations Environment Program 

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

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

10 not apply to contributions to the United Nations Democ11 racy Fund. 

12 INTERNATIONAL FINANCIAL INSTITUTIONS

13 GLOBAL ENVIRONMENT FACILITY

14 For the United States contribution for the Global En15 vironment Facility, $86,500,000, to the International 

16 Bank for Reconstruction and Development as trustee for 

17 the Global Environment Facility, by the Secretary of the 

18 Treasury, to remain available until expended. 

19 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

20 ASSOCIATION

21 For payment to the International Development Asso22 ciation by the Secretary of the Treasury, $1,235,000,000, 

23 to remain available until expended. 


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1 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

2 For contributions to the multilateral Clean Tech3 nology Fund, $225,000,000, 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. 

7 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

8 For contributions to the multilateral Strategic Cli9 mate Fund, $75,000,000, to remain available until ex10 pended: Provided, That none of the funds made available 

11 under this heading may be obligated without specific au12 thorization in a subsequent Act of Congress: Provided fur13 ther, That the Secretary of the Treasury shall consult with 

14 the Committees on Appropriations on the proposed uses 

15 of these funds prior to making a contribution to the Stra16 tegic Climate Fund. 

17 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

18 BANK

19 For payment to the Inter-American Investment Cor20 poration by the Secretary of the Treasury, $4,670,000, to 

21 remain available until expended. 

22 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

23 MULTILATERAL INVESTMENT FUND

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1 ury, for the United States contribution to the fund, 

2 $25,000,000, to remain available until expended. 

3 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

4 For the United States contribution by the Secretary 

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

6 Development Fund, as authorized by the Asian Develop7 ment Bank Act, as amended, $115,250,000, to remain 

8 available until expended. 

9 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

10 For the United States contribution by the Secretary 

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

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

13 until expended. 

14 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

15 AGRICULTURAL DEVELOPMENT

16 For the United States contribution by the Secretary 

17 of the Treasury to increase the resources of the Inter18 national Fund for Agricultural Development, 

19 $30,000,000, to remain available until expended. 

20 TITLE VI 

21 EXPORT AND INVESTMENT ASSISTANCE 

22 EXPORT-IMPORT BANK OF THE UNITED STATES

23 INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector 

25 General in carrying out the provisions of the Inspector 


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

2 available until September 30, 2011. 

3 PROGRAM ACCOUNT

4 The Export-Import Bank of the United States is au5 thorized to make such expenditures within the limits of 

6 funds and borrowing authority available to such corpora7 tion, and in accordance with law, and to make such con8 tracts and commitments without regard to fiscal year limi9 tations, as provided by section 104 of the Government 

10 Corporation Control Act, as may be necessary in carrying 

11 out the program for the current fiscal year for such cor12 poration: Provided, That none of the funds available dur13 ing the current fiscal year may be used to make expendi14 tures, contracts, or commitments for the export of nuclear 

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

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

17 Treaty on the Non-Proliferation of Nuclear Weapons eligi18 ble to receive economic or military assistance under this 

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

20 of the enactment of this Act: Provided further, That not21 withstanding section 1(c) of Public Law 103–428, as 

22 amended, section 1(a) and (b) of Public Law 103–428 

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

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

25 loan, guarantee, and insurance authority available to the 


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

2 renewable energy technologies or energy efficient end-use 

3 technologies. 

4 SUBSIDY APPROPRIATION

5 For the cost of direct loans, loan guarantees, insur6 ance, and tied-aid grants as authorized by section 10 of 

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

8 to exceed $58,000,000: Provided, That such costs, includ9 ing the cost of modifying such loans, shall be as defined 

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

11 Provided further, That such funds shall remain available 

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

13 loans, loan guarantees, insurance and tied-aid grants obli14 gated in fiscal years 2010, 2011, 2012, and 2013: Pro15 vided further, That none of the funds appropriated by this 

16 Act or any prior Acts appropriating funds for the Depart17 ment of State, foreign operations, and related programs 

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

19 purpose except through the regular notification procedures 

20 of the Committees on Appropriations: Provided further, 

21 That funds appropriated by this paragraph are made 

22 available notwithstanding section 2(b)(2) of the Export23 Import Bank Act of 1945, in connection with the purchase 

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

25 any Baltic State or any agency or national thereof. 


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1 ADMINISTRATIVE EXPENSES

2 For administrative expenses to carry out the direct 

3 and guaranteed loan and insurance programs, including 

4 hire of passenger motor vehicles and services as authorized 

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

6 reception and representation expenses for members of the 

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

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

10 legal, financial, or technical services in connection with 

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

13 further, That notwithstanding subsection (b) of section 

14 117 of the Export Enhancement Act of 1992, subsection 

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

16 RECEIPTS COLLECTED

17 Receipts collected pursuant to the Export-Import 

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

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

20 exceed the amount appropriated herein, shall be credited 

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

22 sums herein appropriated from the General Fund shall be 

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

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


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1 That of amounts collected in fiscal year 2010 in excess 

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

3 on September 1, 2010, and shall remain available until 

4 September 30, 2013. 

5 OVERSEAS PRIVATE INVESTMENT CORPORATION

6 NONCREDIT ACCOUNT

7 The Overseas Private Investment Corporation is au8 thorized to make, without regard to fiscal year limitations, 

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

10 commitments within the limits of funds available to it and 

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

12 That the amount available for administrative expenses to 

13 carry out the credit and insurance programs (including an 

14 amount for official reception and representation expenses 

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

16 $52,310,000: Provided further, That project-specific trans17 action costs, including direct and indirect costs incurred 

18 in claims settlements, and other direct costs associated 

19 with services provided to specific investors or potential in20 vestors pursuant to section 234 of the Foreign Assistance 

21 Act of 1961, shall not be considered administrative ex22 penses for the purposes of this heading. 

23 PROGRAM ACCOUNT

24 For the cost of direct and guaranteed loans, 

25 $29,000,000, as authorized by section 234 of the Foreign 


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

2 the Overseas Private Investment Corporation Noncredit 

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

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

5 of the Congressional Budget Act of 1974: Provided fur6 ther, That such sums shall be available for direct loan obli7 gations and loan guaranty commitments incurred or made 

8 during fiscal years 2010, 2011, and 2012: Provided fur9 ther, That funds so obligated in fiscal year 2010 remain 

10 available for disbursement through 2018; funds obligated 

11 in fiscal year 2011 remain available for disbursement 

12 through 2019; and funds obligated in fiscal year 2012 re13 main available for disbursement through 2020: Provided 

14 further, That notwithstanding any other provision of law, 

15 the Overseas Private Investment Corporation is authorized 

16 to undertake any program authorized by title IV of the 

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

18 That funds made available pursuant to the authority of 

19 the previous proviso shall be subject to the regular notifi20 cation procedures of the Committees on Appropriations. 

21 In addition, such sums as may be necessary for ad22 ministrative expenses to carry out the credit program may 

23 be derived from amounts available for administrative ex24 penses to carry out the credit and insurance programs in 


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1 the Overseas Private Investment Corporation Noncredit 

2 Account and merged with said account. 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 TRADE AND DEVELOPMENT AGENCY

5 For necessary expenses to carry out the provisions 

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

7 $55,200,000, to remain available until September 30, 

8 2011: Provided, That of the funds appropriated under this 

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

10 representation and entertainment allowances. 

11 TITLE VII 

12 GENERAL PROVISIONS 

13 ALLOWANCES AND DIFFERENTIALS

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

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

16 allowances and differentials as authorized by subchapter 

17 59 of title 5, United States Code; for services as author18 ized by 5 U.S.C. 3109; and for hire of passenger transpor19 tation pursuant to 31 U.S.C. 1343(b). 

20 UNOBLIGATED BALANCES REPORT

21 SEC. 7002. Any department or agency to which funds 

22 are appropriated or otherwise made available by this Act 

23 shall provide to the Committees on Appropriations a quar24 terly accounting of cumulative balances by program, 

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1 ment or agency in this fiscal year or any previous fiscal 

2 year that remain unobligated and unexpended. 

3 CONSULTING SERVICES

4 SEC. 7003. The expenditure of any appropriation 

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

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

7 be limited to those contracts where such expenditures are 

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

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

12 EMBASSY CONSTRUCTION

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

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

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

18 of State determines that such department or agency has 

19 not provided to the Department of State the full amount 

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

21 the Secure Embassy Construction and Counterterrorism 

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

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

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

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


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1 the Judiciary, and Related Agencies Appropriations Act, 

2 2005. 

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

4 a project to construct a diplomatic facility of the United 

5 States may include office space or other accommodations 

6 for members of the United States Marine Corps. 

7 PERSONNEL ACTIONS

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

9 agency funded under title I of this Act resulting from per10 sonnel actions taken in response to funding reductions in11 cluded in this Act shall be absorbed within the total budg12 etary resources available under title I to such department 

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

14 between appropriations accounts as may be necessary to 

15 carry out this section is provided in addition to authorities 

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

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

18 reprogramming of funds under section 7015 of this Act 

19 and shall not be available for obligation or expenditure ex20 cept in compliance with the procedures set forth in that 

21 section. 

22 INTERNATIONAL BROADCASTING

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

24 under the heading ‘‘International Broadcasting Oper25 ations’’ for programming to the Middle East, Afghanistan, 


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1 and Pakistan, 10 percent of the funds shall not be avail2 able for obligation until the Broadcasting Board of Gov3 ernors reports to the Committees on Appropriations that 

4 each relevant language service or grantee is abiding by the 

5 standards and principles set forth in the United States 

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

7 6202(a) and (b)), is in compliance with the relevant Jour8 nalistic Code of Ethics, and have a policy, including appro9 priate management controls, of not providing an open 

10 platform for terrorists or those who support terrorists. 

11 (b) The Broadcasting Board of Governors shall notify 

12 the Committees on Appropriations within 15 days of any 

13 determination by the Board that any of its broadcast enti14 ties, including its grantee organizations, was found to be 

15 in violation of the principles, standards, or journalistic 

16 code of ethics referenced in subsection (a). 

17 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

18 COUNTRIES

19 SEC. 7007. None of the funds appropriated or other20 wise made available pursuant to titles III through VI of 

21 this Act shall be obligated or expended to finance directly 

22 any assistance or reparations for the government of Cuba, 

23 North Korea, Iran, or Syria: Provided, That for purposes 

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1 tures shall include direct loans, credits, insurance, and 

2 guarantees of the Export-Import Bank or its agents. 

3 MILITARY COUPS

4 SEC. 7008. None of the funds appropriated or other5 wise made available pursuant to titles III through VI of 

6 this Act shall be obligated or expended to finance directly 

7 any assistance to the government of any country whose 

8 duly elected head of government is deposed by military 

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

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

13 elected government has taken office: Provided further, 

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

17 funds made available pursuant to the previous provisos 

18 shall be subject to the regular notification procedures of 

19 the Committees on Appropriations. 

20 TRANSFER AUTHORITY

21 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD22 CASTING BOARD OF GOVERNORS.—Not to exceed 5 per23 cent of any appropriation made available for the current 

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

25 this Act may be transferred between such appropriations, 


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1 but no such appropriation, except as otherwise specifically 

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

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

4 of any appropriation made available for the current fiscal 

5 year for the Broadcasting Board of Governors under title 

6 I of this Act may be transferred between such appropria7 tions, but no such appropriation, except as otherwise spe8 cifically provided, shall be increased by more than 10 per9 cent by any such transfers: Provided further, That any 

10 transfer pursuant to this section shall be treated as a re11 programming of funds under section 7015(a) and (b) of 

12 this Act and shall not be available for obligation or ex13 penditure except in compliance with the procedures set 

14 forth in that section. 

15 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

16 Not to exceed 5 percent of any appropriation other than 

17 for administrative expenses made available for fiscal year 

18 2010, for programs under title VI of this Act may be 

19 transferred between such appropriations for use for any 

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

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

22 appropriation, except as otherwise specifically provided, 

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

24 transfer: Provided, That the exercise of such authority 


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1 shall be subject to the regular notification procedures of 

2 the Committees on Appropriations. 

3 (c) LIMITATION ON TRANSFERS BETWEEN AGEN4 CIES.— 

5 (1) None of the funds made available under ti6 tles II through V of this Act may be transferred to 

7 any department, agency, or instrumentality of the 

8 United States Government, except pursuant to a 

9 transfer made by, or transfer authority provided in, 

10 this Act or any other appropriation Act. 

11 (2) Notwithstanding paragraph (1), in addition 

12 to transfers made by, or authorized elsewhere in, 

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

14 the purposes of the Foreign Assistance Act of 1961 

15 may be allocated or transferred to agencies of the 

16 United States Government pursuant to the provi17 sions of sections 109, 610, and 632 of the Foreign 

18 Assistance Act of 1961. 

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

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

21 may be obligated under an appropriation account to which 

22 they were not appropriated, except for transfers specifi23 cally provided for in this Act, unless the President, not 

24 less than 5 days prior to the exercise of any authority con25 tained in the Foreign Assistance Act of 1961 to transfer 


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1 funds, consults with and provides a written policy jus2 tification to the Committees on Appropriations. 

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

4 agreement for the transfer or allocation of funds appro5 priated by this Act, or prior Acts, entered into between 

6 the United States Agency for International Development 

7 and another agency of the United States Government 

8 under the authority of section 632(a) of the Foreign As9 sistance Act of 1961 or any comparable provision of law, 

10 shall expressly provide that the Office of the Inspector 

11 General for the agency receiving the transfer or allocation 

12 of such funds shall perform periodic program and financial 

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

14 transferred under such authority may be made available 

15 for the cost of such audits. 

16 REPORTING REQUIREMENT

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

18 Committees on Appropriations, not later than April 1, 

19 2010, and for each fiscal quarter, a report in writing on 

20 the uses of funds made available under the headings ‘‘For21 eign Military Financing Program’’, ‘‘International Mili22 tary Education and Training’’, and ‘‘Peacekeeping Oper23 ations’’: Provided, That such report shall include a de24 scription of the obligation and expenditure of funds, and 


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

2 of the assistance provided by such funds. 

3 AVAILABILITY OF FUNDS

4 SEC. 7011. No part of any appropriation contained 

5 in this Act shall remain available for obligation after the 

6 expiration of the current fiscal year unless expressly so 

7 provided in this Act: Provided, That funds appropriated 

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

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

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

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

12 the headings ‘‘Assistance for Europe, Eurasia and Central 

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

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

15 the availability of such funds would otherwise have ex16 pired, if such funds are initially obligated before the expi17 ration of their respective periods of availability contained 

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

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

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

21 II of the Foreign Assistance Act of 1961 which are allo22 cated or obligated for cash disbursements in order to ad23 dress balance of payments or economic policy reform ob24 jectives, shall remain available until expended. 


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1 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

2 SEC. 7012. No part of any appropriation provided 

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

4 furnish assistance to the government of any country which 

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

6 in payment to the United States of principal or interest 

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

8 the United States pursuant to a program for which funds 

9 are appropriated under this Act unless the President de10 termines, following consultations with the Committees on 

11 Appropriations, that assistance to such country is in the 

12 national interest of the United States. 

13 PROHIBITION ON TAXATION OF UNITED STATES

14 ASSISTANCE

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

16 of the funds appropriated under titles III through VI of 

17 this Act may be made available to provide assistance for 

18 a foreign country under a new bilateral agreement gov19 erning the terms and conditions under which such assist20 ance is to be provided unless such agreement includes a 

21 provision stating that assistance provided by the United 

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

23 the foreign government, and the Secretary of State shall 

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1 lateral agreements, as necessary, to conform with this re2 quirement. 

3 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

4 amount equivalent to 200 percent of the total taxes as5 sessed during fiscal year 2010 on funds appropriated by 

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

9 directly or through grantees, contractors and subcontrac10 tors shall be withheld from obligation from funds appro11 priated for assistance for fiscal year 2011 and allocated 

12 for the central government of such country and for the 

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

16 reimbursed to the Government of the United States. 

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

18 minimis nature shall not be subject to the provisions of 

19 subsection (b). 

20 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

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

24 or which have an effective arrangement that is providing 

25 substantial reimbursement of such taxes. 


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1 (e) DETERMINATIONS.— 

2 (1) The provisions of this section shall not 

3 apply to any country or entity the Secretary of State 

4 determines— 

5 (A) does not assess taxes on United States 

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

9 (B) the foreign policy interests of the 

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

12 not subject to taxation. 

13 (2) The Secretary of State shall consult with 

14 the Committees on Appropriations at least 15 days 

15 prior to exercising the authority of this subsection 

16 with regard to any country or entity. 

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

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

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

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

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

23 value added taxes and customs duties imposed on 

24 commodities financed with United States assistance 


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1 for programs for which funds are appropriated by 

2 this Act; and 

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

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

6 the country receiving assistance that describes the 

7 privileges and immunities applicable to United 

8 States foreign assistance for such country generally, 

9 or an individual agreement between the Government 

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

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

14 RESERVATIONS OF FUNDS

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

16 through VI of this Act which are specifically designated 

17 may be reprogrammed for other programs within the same 

18 account notwithstanding the designation if compliance 

19 with the designation is made impossible by operation of 

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

21 such reprogramming shall be subject to the regular notifi22 cation procedures of the Committees on Appropriations: 

23 Provided further, That assistance that is reprogrammed 

24 pursuant to this subsection shall be made available under 

25 the same terms and conditions as originally provided. 


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1 (b) In addition to the authority contained in sub2 section (a), the original period of availability of funds ap3 propriated by this Act and administered by the United 

4 States Agency for International Development that are spe5 cifically designated for particular programs or activities by 

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

7 fiscal year if the Administrator of such agency determines 

8 and reports promptly to the Committees on Appropria9 tions that the termination of assistance to a country or 

10 a significant change in circumstances makes it unlikely 

11 that such designated funds can be obligated during the 

12 original period of availability: Provided, That such des13 ignated funds that continue to be available for an addi14 tional fiscal year shall be obligated only for the purpose 

15 of such designation. 

16 (c) Ceilings and specifically designated funding levels 

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

18 authorities appropriated or otherwise made available by 

19 any subsequent Act unless such Act specifically so directs: 

20 Provided, That specifically designated funding levels or 

21 minimum funding requirements contained in any other 

22 Act shall not be applicable to funds appropriated by this 

23 Act. 


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1 REPROGRAMMING NOTIFICATION REQUIREMENTS

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

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

4 agencies and departments funded by this Act that remain 

5 available for obligation or expenditure in fiscal year 2010, 

6 or provided from any accounts in the Treasury of the 

7 United States derived by the collection of fees or of cur8 rency reflows or other offsetting collections, or made avail9 able by transfer, to the agencies and departments funded 

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

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

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

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

14 project or activity for which funds have been denied or 

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

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

17 offices; (7) reorganizes programs or activities; or (8) con18 tracts out or privatizes any functions or activities pres19 ently performed by Federal employees; unless the Commit20 tees on Appropriations are notified 15 days in advance of 

21 such reprogramming of funds. 

22 (b) For the purposes of providing the executive 

23 branch with the necessary administrative flexibility, none 

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

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1 partment funded under title I of this Act that remain 

2 available for obligation or expenditure in fiscal year 2010, 

3 or provided from any accounts in the Treasury of the 

4 United States derived by the collection of fees available 

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

6 shall be available for obligation or expenditure for activi7 ties, programs, or projects through a reprogramming of 

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

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

10 activities; (2) reduces by 10 percent funding for any exist11 ing program, project, or activity, or numbers of personnel 

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

13 any general savings, including savings from a reduction 

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

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

16 unless the Committees on Appropriations are notified 15 

17 days in advance of such reprogramming of funds. 

18 (c) For the purposes of providing the executive 

19 branch with the necessary administrative flexibility, none 

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

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

22 Survival’’, ‘‘Development Assistance’’, ‘‘International Or23 ganizations and Programs’’, ‘‘Trade and Development 

24 Agency’’, ‘‘International Narcotics Control and Law En25 forcement’’, ‘‘Assistance for Europe, Eurasia and Central 


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

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

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

4 ‘‘Office of Inspector General’’, ‘‘Nonproliferation, Anti5 terrorism, Demining and Related Programs’’, ‘‘Millen6 nium Challenge Corporation’’, ‘‘Foreign Military Financ7 ing Program’’, ‘‘International Military Education and 

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

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

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

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

12 justified to the Committees on Appropriations for obliga13 tion under any of these specific headings unless the Com14 mittees on Appropriations are previously notified 15 days 

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

16 into any commitment of funds appropriated for the pur17 poses of section 23 of the Arms Export Control Act for 

18 the provision of major defense equipment, other than con19 ventional ammunition, or other major defense items de20 fined to be aircraft, ships, missiles, or combat vehicles, not 

21 previously justified to Congress or 20 percent in excess 

22 of the quantities justified to Congress unless the Commit23 tees on Appropriations are notified 15 days in advance of 

24 such commitment: Provided further, That this subsection 

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1 gram, or project for which funds are appropriated under 

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

3 of the amount previously justified to the Congress for obli4 gation for such activity, program, or project for the cur5 rent fiscal year. 

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

7 transferred by the Department of Defense to the Depart8 ment of State and the United States Agency for Inter9 national Development, and funds made available for pro10 grams authorized by section 1206 of the National Defense 

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

12 163), shall be subject to the regular notification proce13 dures of the Committees on Appropriations. 

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

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

16 Act requiring notification in accordance with the regular 

17 notification procedures of the Committees on Appropria18 tions, may be waived if failure to do so would pose a sub19 stantial risk to human health or welfare: Provided, That 

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

21 or the appropriate congressional committees, shall be pro22 vided as early as practicable, but in no event later than 

23 3 days after taking the action to which such notification 

24 requirement was applicable, in the context of the cir25 cumstances necessitating such waiver: Provided further, 


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1 That any notification provided pursuant to such a waiver 

2 shall contain an explanation of the emergency cir3 cumstances. 

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

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

6 assistance for Serbia, Sudan, Zimbabwe, Pakistan, Do7 minican Republic, Cuba, Iran, Haiti, Libya, Ethiopia, 

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

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

10 Act except as provided through the regular notification 

11 procedures of the Committees on Appropriations. 

12 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

13 SEC. 7016. Prior to providing excess Department of 

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

15 Foreign Assistance Act of 1961, the Department of De16 fense shall notify the Committees on Appropriations to the 

17 same extent and under the same conditions as other com18 mittees pursuant to subsection (f) of that section: Pro19 vided, That before issuing a letter of offer to sell excess 

20 defense articles under the Arms Export Control Act, the 

21 Department of Defense shall notify the Committees on 

22 Appropriations in accordance with the regular notification 

23 procedures of such Committees if such defense articles are 

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

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


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

2 notification is required elsewhere in this Act for the use 

3 of appropriated funds for specific countries that would re4 ceive such excess defense articles: Provided further, That 

5 such Committees shall also be informed of the original ac6 quisition cost of such defense articles. 

7 LIMITATION ON AVAILABILITY OF FUNDS FOR

8 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

9 SEC. 7017. Subject to the regular notification proce10 dures of the Committees on Appropriations, funds appro11 priated under titles III through VI of this Act or any pre12 viously enacted Act making appropriations for the Depart13 ment of State, foreign operations, and related programs, 

14 which are returned or not made available for organizations 

15 and programs because of the implementation of section 

16 307(a) of the Foreign Assistance Act of 1961, shall re17 main available for obligation until September 30, 2011. 

18 PROHIBITION ON FUNDING FOR ABORTIONS AND

19 INVOLUNTARY STERILIZATION

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

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

22 amended, may be used to pay for the performance of abor23 tions as a method of family planning or to motivate or 

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

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1 ance Act of 1961, as amended, may be used to pay for 

2 the performance of involuntary sterilization as a method 

3 of family planning or to coerce or provide any financial 

4 incentive to any person to undergo sterilizations. None of 

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

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

7 for any biomedical research which relates in whole or in 

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

9 involuntary sterilization as a means of family planning. 

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

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

12 obligated or expended for any country or organization if 

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

14 such country or organization would violate any of the 

15 above provisions related to abortions and involuntary steri16 lizations. 

17 ALLOCATIONS

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

19 following accounts shall be made available for programs 

20 and countries in the amounts contained in the respective 

21 tables included in the report accompanying this Act: 

22 ‘‘Civilian Stabilization Initiative’’. 

23 ‘‘Educational and Cultural Exchange Pro24 grams’’. 

25 ‘‘International Fisheries Commissions’’. 


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1 ‘‘International Broadcasting Operations’’. 

2 ‘‘Global Health and Child Survival’’. 

3 ‘‘Economic Support Fund’’. 

4 ‘‘Assistance for Europe, Eurasia and Central 

5 Asia’’. 

6 ‘‘International Narcotics Control and Law En7 forcement’’. 

8 ‘‘Nonproliferation, Anti-terrorism, Demining 

9 and Related Programs’’. 

10 ‘‘Foreign Military Financing Program’’. 

11 ‘‘Peacekeeping Operations’’. 

12 ‘‘International Organizations and Programs’’. 

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

14 only with respect to the tables included in the report ac15 companying this Act, the Secretary of State, the Adminis16 trator of the United States Agency for International De17 velopment and the Broadcasting Board of Governors, as 

18 appropriate, may propose deviations to the amounts ref19 erenced in subsection (a), subject to the regular notifica20 tion procedures of the Committees on Appropriations and 

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

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

23 shall apply to the table under the heading ‘‘Bilateral Eco24 nomic Assistance’’ in such report. 


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1 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

2 SEC. 7020. None of the funds appropriated or other3 wise made available by this Act under the headings ‘‘Inter4 national Military Education and Training’’ or ‘‘Foreign 

5 Military Financing Program’’ for Informational Program 

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

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

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

9 (1) alcoholic beverages; or 

10 (2) entertainment expenses for activities that 

11 are substantially of a recreational character, includ12 ing but not limited to entrance fees at sporting 

13 events, theatrical and musical productions, and 

14 amusement parks. 

15 PROHIBITION ON ASSISTANCE TO FOREIGN GOVERN16 MENTS THAT EXPORT LETHAL MILITARY EQUIP17 MENT TO COUNTRIES SUPPORTING INTERNATIONAL

18 TERRORISM

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

20 otherwise made available by titles III through VI of this 

21 Act may be available to any foreign government which pro22 vides lethal military equipment to a country the govern23 ment of which the Secretary of State has determined is 

24 a government that supports international terrorism for 

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


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1 of 1979. The prohibition under this section with respect 

2 to a foreign government shall terminate 12 months after 

3 that government ceases to provide such military equip4 ment. This section applies with respect to lethal military 

5 equipment provided under a contract entered into after 

6 October 1, 1997. 

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

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

9 President determines that furnishing such assistance is 

10 important to the national interests of the United States. 

11 (c) Whenever the President makes a determination 

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

13 the appropriate congressional committees a report with re14 spect to the furnishing of such assistance. Any such report 

15 shall include a detailed explanation of the assistance to 

16 be provided, including the estimated dollar amount of such 

17 assistance, and an explanation of how the assistance fur18 thers United States national interests. 

19 PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST

20 COUNTRIES

21 SEC. 7022. (a) Funds appropriated for bilateral as22 sistance under any heading in titles III through VI of this 

23 Act and funds appropriated under any such heading in 

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


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

2 President determines— 

3 (1) grants sanctuary from prosecution to any 

4 individual or group which has committed an act of 

5 international terrorism; or 

6 (2) otherwise supports international terrorism. 

7 (b) The President may waive the application of sub8 section (a) to a country if the President determines that 

9 national security or humanitarian reasons justify such 

10 waiver. The President shall publish each waiver in the 

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

12 takes effect, shall notify the Committees on Appropria13 tions of the waiver (including the justification for the waiv14 er) in accordance with the regular notification procedures 

15 of the Committees on Appropriations. 

16 AUTHORIZATION REQUIREMENTS

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

18 funds appropriated under the heading ‘‘Trade and Devel19 opment Agency’’, may be obligated and expended notwith20 standing section 10 of Public Law 91–672, section 15 of 

21 the State Department Basic Authorities Act of 1956, sec22 tion 313 of the Foreign Relations Authorization Act, Fis23 cal Years 1994 and 1995 (Public Law 103–236), and sec24 tion 504(a)(1) of the National Security Act of 1947 (50 

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


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1 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

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

3 of this Act ‘‘program, project, and activity’’ shall be de4 fined at the appropriations Act account level and shall in5 clude all appropriations and authorizations Acts funding 

6 directives, ceilings, and limitations with the exception that 

7 for the following accounts: ‘‘Economic Support Fund’’ and 

8 ‘‘Foreign Military Financing Program’’, ‘‘program, 

9 project, and activity’’ shall also be considered to include 

10 country, regional, and central program level funding with11 in each such account; for the development assistance ac12 counts of the United States Agency for International De13 velopment ‘‘program, project, and activity’’ shall also be 

14 considered to include central, country, regional, and pro15 gram level funding, either as: (1) justified to the Congress; 

16 or (2) allocated by the executive branch in accordance with 

17 a report, to be provided to the Committees on Appropria18 tions within 30 days of the enactment of this Act, as re19 quired by section 653(a) of the Foreign Assistance Act 

20 of 1961. 

21 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

22 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

23 SEC. 7025. Unless expressly provided to the contrary, 

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1 tions for the Department of State, foreign operations, and 

2 related programs, shall not be construed to prohibit activi3 ties authorized by or conducted under the Peace Corps 

4 Act, the Inter-American Foundation Act or the African 

5 Development Foundation Act. The agency shall promptly 

6 report to the Committees on Appropriations whenever it 

7 is conducting activities or is proposing to conduct activi8 ties in a country for which assistance is prohibited. 

9 COMMERCE, TRADE AND SURPLUS COMMODITIES

10 SEC. 7026. (a) None of the funds appropriated or 

11 made available pursuant to titles III through VI of this 

12 Act for direct assistance and none of the funds otherwise 

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

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

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

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

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

21 assistance will cause substantial injury to United States 

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

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


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1 United States are likely to outweigh the injury to United 

2 States producers of the same, similar, or competing com3 modity, and the Chairman of the Board so notifies the 

4 Committees on Appropriations. 

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

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

7 Assistance Act of 1961 shall be available for any testing 

8 or breeding feasibility study, variety improvement or intro9 duction, consultancy, publication, conference, or training 

10 in connection with the growth or production in a foreign 

11 country of an agricultural commodity for export which 

12 would compete with a similar commodity grown or pro13 duced in the United States: Provided, That this subsection 

14 shall not prohibit— 

15 (1) activities designed to increase food security 

16 in developing countries where such activities will not 

17 have a significant impact on the export of agricul18 tural commodities of the United States; or 

19 (2) research activities intended primarily to 

20 benefit American producers. 

21 (c) The Secretary of the Treasury shall instruct the 

22 United States Executive Directors of the International 

23 Bank for Reconstruction and Development, the Inter24 national Development Association, the International Fi25 nance Corporation, the Inter-American Development 


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1 Bank, the International Monetary Fund, the Asian Devel2 opment Bank, the Inter-American Investment Corpora3 tion, the North American Development Bank, the Euro4 pean Bank for Reconstruction and Development, the Afri5 can Development Bank, and the African Development 

6 Fund to use the voice and vote of the United States to 

7 oppose any assistance by these institutions, using funds 

8 appropriated or made available pursuant to titles III 

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

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

11 on world markets and if the assistance will cause substan12 tial injury to United States producers of the same, similar, 

13 or competing commodity. 

14 SEPARATE ACCOUNTS

15 SEC. 7027. (a) SEPARATE ACCOUNTS FOR LOCAL

16 CURRENCIES.— 

17 (1) If assistance is furnished to the government 

18 of a foreign country under chapters 1 and 10 of part 

19 I or chapter 4 of part II of the Foreign Assistance 

20 Act of 1961 under agreements which result in the 

21 generation of local currencies of that country, the 

22 Administrator of the United States Agency for 

23 International Development shall— 


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1 (A) require that local currencies be depos2 ited in a separate account established by that 

3 government; 

4 (B) enter into an agreement with that gov5 ernment which sets forth— 

6 (i) the amount of the local currencies 

7 to be generated; and 

8 (ii) the terms and conditions under 

9 which the currencies so deposited may be 

10 utilized, consistent with this section; and 

11 (C) establish by agreement with that gov12 ernment the responsibilities of the United 

13 States Agency for International Development 

14 and that government to monitor and account 

15 for deposits into and disbursements from the 

16 separate account. 

17 (2) USES OF LOCAL CURRENCIES.—As may be 

18 agreed upon with the foreign government, local cur19 rencies deposited in a separate account pursuant to 

20 subsection (a), or an equivalent amount of local cur21 rencies, shall be used only— 

22 (A) to carry out chapter 1 or 10 of part 

23 I or chapter 4 of part II (as the case may be), 

24 for such purposes as— 


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1 (i) project and sector assistance activi2 ties; or 

3 (ii) debt and deficit financing; or 

4 (B) for the administrative requirements of 

5 the United States Government. 

6 (3) PROGRAMMING ACCOUNTABILITY.—The 

7 United States Agency for International Development 

8 shall take all necessary steps to ensure that the 

9 equivalent of the local currencies disbursed pursuant 

10 to subsection (a)(2)(A) from the separate account 

11 established pursuant to subsection (a)(1) are used 

12 for the purposes agreed upon pursuant to subsection 

13 (a)(2). 

14 (4) TERMINATION OF ASSISTANCE PRO15 GRAMS.—Upon termination of assistance to a coun16 try under chapter 1 or 10 of part I or chapter 4 of 

17 part II (as the case may be), any unencumbered bal18 ances of funds which remain in a separate account 

19 established pursuant to subsection (a) shall be dis20 posed of for such purposes as may be agreed to by 

21 the government of that country and the United 

22 States Government. 

23 (5) REPORTING REQUIREMENT.—The Adminis24 trator of the United States Agency for International 

25 Development shall report on an annual basis as part 


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1 of the justification documents submitted to the Com2 mittees on Appropriations on the use of local cur3 rencies for the administrative requirements of the 

4 United States Government as authorized in sub5 section (a)(2)(B), and such report shall include the 

6 amount of local currency (and United States dollar 

7 equivalent) used and/or to be used for such purpose 

8 in each applicable country. 

9 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

10 (1) If assistance is made available to the gov11 ernment of a foreign country, under chapter 1 or 10 

12 of part I or chapter 4 of part II of the Foreign As13 sistance Act of 1961, as cash transfer assistance or 

14 as nonproject sector assistance, that country shall be 

15 required to maintain such funds in a separate ac16 count and not commingle them with any other 

17 funds. 

18 (2) APPLICABILITY OF OTHER PROVISIONS OF

19 LAW.—Such funds may be obligated and expended 

20 notwithstanding provisions of law which are incon21 sistent with the nature of this assistance including 

22 provisions which are referenced in the Joint Explan23 atory Statement of the Committee of Conference ac24 companying House Joint Resolution 648 (House Re25 port No. 98–1159). 


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1 (3) NOTIFICATION.—At least 15 days prior to 

2 obligating any such cash transfer or nonproject sec3 tor assistance, the President shall submit a notifica4 tion through the regular notification procedures of 

5 the Committees on Appropriations, which shall in6 clude a detailed description of how the funds pro7 posed to be made available will be used, with a dis8 cussion of the United States interests that will be 

9 served by the assistance (including, as appropriate, 

10 a description of the economic policy reforms that will 

11 be promoted by such assistance). 

12 (4) EXEMPTION.—Nonproject sector assistance 

13 funds may be exempt from the requirements of sub14 section (b)(1) only through the regular notification 

15 procedures of the Committees on Appropriations. 

16 ELIGIBILITY FOR ASSISTANCE

17 SEC. 7028. (a) ASSISTANCE THROUGH NONGOVERN18 MENTAL ORGANIZATIONS.—Restrictions contained in this 

19 or any other Act with respect to assistance for a country 

20 shall not be construed to restrict assistance in support of 

21 programs of nongovernmental organizations from funds 

22 appropriated by this Act to carry out the provisions of 

23 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

24 part II of the Foreign Assistance Act of 1961, and from 

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1 rope, Eurasia and Central Asia’’: Provided, That before 

2 using the authority of this subsection to furnish assistance 

3 in support of programs of nongovernmental organizations, 

4 the President shall notify the Committees on Appropria5 tions under the regular notification procedures of those 

6 committees, including a description of the program to be 

7 assisted, the assistance to be provided, and the reasons 

8 for furnishing such assistance: Provided further, That 

9 nothing in this subsection shall be construed to alter any 

10 existing statutory prohibitions against abortion or involun11 tary sterilizations contained in this or any other Act. 

12 (b) PUBLIC LAW 480.—During fiscal year 2010, re13 strictions contained in this or any other Act with respect 

14 to assistance for a country shall not be construed to re15 strict assistance under the Agricultural Trade Develop16 ment and Assistance Act of 1954: Provided, That none 

17 of the funds appropriated to carry out title I of such Act 

18 and made available pursuant to this subsection may be 

19 obligated or expended except as provided through the reg20 ular notification procedures of the Committees on Appro21 priations. 

22 (c) EXCEPTION.—This section shall not apply— 

23 (1) with respect to section 620A of the Foreign 

24 Assistance Act of 1961 or any comparable provision 


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1 of law prohibiting assistance to countries that sup2 port international terrorism; or 

3 (2) with respect to section 116 of the Foreign 

4 Assistance Act of 1961 or any comparable provision 

5 of law prohibiting assistance to the government of a 

6 country that violates internationally recognized 

7 human rights. 

8 IMPACT ON JOBS IN THE UNITED STATES

9 SEC. 7029. None of the funds appropriated under ti10 tles III through VI of this Act may be obligated or ex11 pended to provide— 

12 (1) any financial incentive to a business enter13 prise currently located in the United States for the 

14 purpose of inducing such an enterprise to relocate 

15 outside the United States if such incentive or in16 ducement is likely to reduce the number of employ17 ees of such business enterprise in the United States 

18 because United States production is being replaced 

19 by such enterprise outside the United States; or 

20 (2) assistance for any program, project, or ac21 tivity that contributes to the violation of internation22 ally recognized workers rights, as defined in section 

23 507(4) of the Trade Act of 1974, of workers in the 

24 recipient country, including any designated zone or 

25 area in that country: Provided, That the application 


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1 of section 507(4)(D) and (E) of such Act should be 

2 commensurate with the level of development of the 

3 recipient country and sector, and shall not preclude 

4 assistance for the informal sector in such country, 

5 micro and small-scale enterprise, and smallholder 

6 agriculture. 

7 INTERNATIONAL FINANCIAL INSTITUTIONS

8 SEC. 7030. (a) None of the funds appropriated in 

9 title V of this Act may be made as payment to any inter10 national financial institution while the United States Ex11 ecutive Director to such institution is compensated by the 

12 institution at a rate which, together with whatever com13 pensation such Director receives from the United States, 

14 is in excess of the rate provided for an individual occu15 pying a position at level IV of the Executive Schedule 

16 under section 5315 of title 5, United States Code, or while 

17 any alternate United States Director to such institution 

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

19 the rate provided for an individual occupying a position 

20 at level V of the Executive Schedule under section 5316 

21 of title 5, United States Code. 

22 (b) The Secretary of the Treasury shall instruct the 

23 United States Executive Director at each international fi24 nancial institution to oppose any loan, grant, strategy or 

25 policy of these institutions that would require user fees 


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1 or service charges on poor people for primary education 

2 or primary healthcare, including prevention, care and 

3 treatment for HIV/AIDS, malaria, tuberculosis, and in4 fant, child, and maternal well-being, in connection with the 

5 institutions’ financing programs. 

6 (c) The Secretary of the Treasury shall instruct the 

7 United States Executive Director of the International 

8 Monetary Fund to use the voice and vote of the United 

9 States to oppose any loan, project, agreement, memo10 randum, instrument, plan, or other program of the Fund 

11 to a Heavily Indebted Poor Country that imposes budget 

12 caps or restraints that do not allow the maintenance of 

13 or an increase in governmental spending on health care 

14 or education; and to promote government spending on 

15 health care, education, food aid, or other critical safety 

16 net programs in all of the Fund’s activities with respect 

17 to Heavily Indebted Poor Countries. 

18 (d) For purposes of this section ‘‘international finan19 cial institutions’’ are the International Bank for Recon20 struction and Development, the Inter-American Develop21 ment Bank, the Asian Development Bank, the Asian De22 velopment Fund, the African Development Bank, the Afri23 can Development Fund, the International Monetary Fund, 

24 the North American Development Bank, and the Euro25 pean Bank for Reconstruction and Development. 


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1 DEBT-FOR-DEVELOPMENT

2 SEC. 7031. In order to enhance the continued partici3 pation of nongovernmental organizations in debt-for-devel4 opment and debt-for-nature exchanges, a nongovern5 mental organization which is a grantee or contractor of 

6 the United States Agency for International Development 

7 may place in interest bearing accounts local currencies 

8 which accrue to that organization as a result of economic 

9 assistance provided under title III of this Act and, subject 

10 to the regular notification procedures of the Committees 

11 on Appropriations, any interest earned on such investment 

12 shall be used for the purpose for which the assistance was 

13 provided to that organization. 

14 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

15 SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUC16 TION, OR CANCELLATION.— 

17 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

18 CERTAIN LOANS.—Notwithstanding any other provi19 sion of law, the President may, in accordance with 

20 this section, sell to any eligible purchaser any 

21 concessional loan or portion thereof made before 

22 January 1, 1995, pursuant to the Foreign Assist23 ance Act of 1961, to the government of any eligible 

24 country as defined in section 702(6) of that Act or 

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1 duce or cancel such loan or portion thereof, only for 

2 the purpose of facilitating— 

3 (A) debt-for-equity swaps, debt-for-develop4 ment swaps, or debt-for-nature swaps; or 

5 (B) a debt buyback by an eligible country 

6 of its own qualified debt, only if the eligible 

7 country uses an additional amount of the local 

8 currency of the eligible country, equal to not 

9 less than 40 percent of the price paid for such 

10 debt by such eligible country, or the difference 

11 between the price paid for such debt and the 

12 face value of such debt, to support activities 

13 that link conservation and sustainable use of 

14 natural resources with local community develop15 ment, and child survival and other child devel16 opment, in a manner consistent with sections 

17 707 through 710 of the Foreign Assistance Act 

18 of 1961, if the sale, reduction, or cancellation 

19 would not contravene any term or condition of 

20 any prior agreement relating to such loan. 

21 (2) TERMS AND CONDITIONS.—Notwithstanding 

22 any other provision of law, the President shall, in ac23 cordance with this section, establish the terms and 

24 conditions under which loans may be sold, reduced, 

25 or canceled pursuant to this section. 


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1 (3) ADMINISTRATION.—The Facility, as defined 

2 in section 702(8) of the Foreign Assistance Act of 

3 1961, shall notify the administrator of the agency 

4 primarily responsible for administering part I of the 

5 Foreign Assistance Act of 1961 of purchasers that 

6 the President has determined to be eligible, and 

7 shall direct such agency to carry out the sale, reduc8 tion, or cancellation of a loan pursuant to this sec9 tion. Such agency shall make adjustment in its ac10 counts to reflect the sale, reduction, or cancellation. 

11 (4) LIMITATION.—The authorities of this sub12 section shall be available only to the extent that ap13 propriations for the cost of the modification, as de14 fined in section 502 of the Congressional Budget Act 

15 of 1974, are made in advance. 

16 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

17 sale, reduction, or cancellation of any loan sold, reduced, 

18 or canceled pursuant to this section shall be deposited in 

19 the United States Government account or accounts estab20 lished for the repayment of such loan. 

21 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

22 pursuant to subsection (a)(1)(A) only to a purchaser who 

23 presents plans satisfactory to the President for using the 

24 loan for the purpose of engaging in debt-for-equity swaps, 

25 debt-for-development swaps, or debt-for-nature swaps. 


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1 (d) DEBTOR CONSULTATIONS.—Before the sale to 

2 any eligible purchaser, or any reduction or cancellation 

3 pursuant to this section, of any loan made to an eligible 

4 country, the President should consult with the country 

5 concerning the amount of loans to be sold, reduced, or 

6 canceled and their uses for debt-for-equity swaps, debt7 for-development swaps, or debt-for-nature swaps. 

8 (e) AVAILABILITY OF FUNDS.—The authority pro9 vided by subsection (a) may be used only with regard to 

10 funds appropriated by this Act under the heading ‘‘Debt 

11 Restructuring’’. 

12 SPECIAL DEBT RELIEF FOR THE POOREST

13 SEC. 7033. (a) AUTHORITY TO REDUCE DEBT.—The 

14 President may reduce amounts owed to the United States 

15 (or any agency of the United States) by an eligible country 

16 as a result of— 

17 (1) guarantees issued under sections 221 and 

18 222 of the Foreign Assistance Act of 1961; 

19 (2) credits extended or guarantees issued under 

20 the Arms Export Control Act; or 

21 (3) any obligation or portion of such obligation, 

22 to pay for purchases of United States agricultural 

23 commodities guaranteed by the Commodity Credit 

24 Corporation under export credit guarantee programs 

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1 modity Credit Corporation Charter Act of June 29, 

2 1948, as amended, section 4(b) of the Food for 

3 Peace Act of 1966, as amended (Public Law 89– 

4 808), or section 202 of the Agricultural Trade Act 

5 of 1978, as amended (Public Law 95–501). 

6 (b) LIMITATIONS.— 

7 (1) The authority provided by subsection (a) 

8 may be exercised only to implement multilateral offi9 cial debt relief and referendum agreements, com10 monly referred to as ‘‘Paris Club Agreed Minutes’’. 

11 (2) The authority provided by subsection (a) 

12 may be exercised only in such amounts or to such 

13 extent as is provided in advance by appropriations 

14 Acts. 

15 (3) The authority provided by subsection (a) 

16 may be exercised only with respect to countries with 

17 heavy debt burdens that are eligible to borrow from 

18 the International Development Association, but not 

19 from the International Bank for Reconstruction and 

20 Development, commonly referred to as ‘‘IDA-only’’ 

21 countries. 

22 (c) CONDITIONS.—The authority provided by sub23 section (a) may be exercised only with respect to a country 

24 whose government— 


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1 (1) does not have an excessive level of military 

2 expenditures; 

3 (2) has not repeatedly provided support for acts 

4 of international terrorism; 

5 (3) is not failing to cooperate on international 

6 narcotics control matters; 

7 (4) (including its military or other security 

8 forces) does not engage in a consistent pattern of 

9 gross violations of internationally recognized human 

10 rights; and 

11 (5) is not ineligible for assistance because of the 

12 application of section 527 of the Foreign Relations 

13 Authorization Act, Fiscal Years 1994 and 1995. 

14 (d) AVAILABILITY OF FUNDS.—The authority pro15 vided by subsection (a) may be used only with regard to 

16 the funds appropriated by this Act under the heading 

17 ‘‘Debt Restructuring’’. 

18 (e) CERTAIN PROHIBITIONS INAPPLICABLE.—A re19 duction of debt pursuant to subsection (a) shall not be 

20 considered assistance for the purposes of any provision of 

21 law limiting assistance to a country. The authority pro22 vided by subsection (a) may be exercised notwithstanding 

23 section 620(r) of the Foreign Assistance Act of 1961 or 

24 section 321 of the International Development and Food 

25 Assistance Act of 1975. 


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1 SPECIAL AUTHORITIES

2 SEC. 7034. (a) AFGHANISTAN, IRAQ, PAKISTAN, 

3 LEBANON, MONTENEGRO, VICTIMS OF WAR, DISPLACED

4 CHILDREN, AND DISPLACED BURMESE.—Funds appro5 priated under titles III through VI of this Act that are 

6 made available for assistance for Afghanistan may be 

7 made available notwithstanding section 7012 of this Act 

8 or any similar provision of law and section 660 of the For9 eign Assistance Act of 1961, and funds appropriated in 

10 titles III and VI of this Act that are made available for 

11 Iraq, Lebanon, Montenegro, Pakistan, and for victims of 

12 war, displaced children, and displaced Burmese, and to as13 sist victims of trafficking in persons and, subject to the 

14 regular notification procedures of the Committees on Ap15 propriations, to combat such trafficking, may be made 

16 available notwithstanding any other provision of law. 

17 (b)(1) WAIVER.—The President may waive the provi18 sions of section 1003 of Public Law 100–204 if the Presi19 dent determines and certifies in writing to the Speaker 

20 of the House of Representatives and the President pro 

21 tempore of the Senate that it is important to the national 

22 security interests of the United States. 

23 (2) PERIOD OF APPLICATION OF WAIVER.—Any 

24 waiver pursuant to paragraph (1) shall be effective for no 


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1 more than a period of 6 months at a time and shall not 

2 apply beyond 12 months after the enactment of this Act. 

3 (c) SMALL BUSINESS.—In entering into multiple 

4 award indefinite-quantity contracts with funds appro5 priated by this Act, the United States Agency for Inter6 national Development may provide an exception to the fair 

7 opportunity process for placing task orders under such 

8 contracts when the order is placed with any category of 

9 small or small disadvantaged business. 

10 (d) VIETNAMESE REFUGEES.—Section 594(a) of the 

11 Foreign Operations, Export Financing, and Related Pro12 grams Appropriations Act, 2005 (enacted as division D 

13 of Public Law 108–447; 118 Stat. 3038) is amended by 

14 striking ‘‘2010’’ and inserting ‘‘2011’’. 

15 (e) RECONSTITUTING CIVILIAN POLICE AUTHOR16 ITY.—In providing assistance with funds appropriated by 

17 this Act under section 660(b)(6) of the Foreign Assistance 

18 Act of 1961, support for a nation emerging from insta19 bility may be deemed to mean support for regional, dis20 trict, municipal, or other sub-national entity emerging 

21 from instability, as well as a nation emerging from insta22 bility. 

23 (f) INTERNATIONAL PRISON CONDITIONS.—Funds 

24 appropriated by this Act to carry out the provisions of 

25 chapters 1 and 11 of part I and chapter 4 of part II of 


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1 the Foreign Assistance Act of 1961, and the Support for 

2 East European Democracy (SEED) Act of 1989, shall be 

3 made available notwithstanding section 660 of the Foreign 

4 Assistance Act of 1961 for assistance to address inhumane 

5 conditions in prisons and other detention facilities admin6 istered by foreign governments that the Secretary of State 

7 determines are making efforts to address, among other 

8 things, prisoners’ health, sanitation, nutrition and other 

9 basic needs. 

10 (g) EXTENSION OF AUTHORITY.—The Foreign Oper11 ations, Export Financing, and Related Programs Appro12 priations Act, 1990 (Public Law 101–167) is amended— 

13 (1) in section 599D (8 U.S.C. 1157 note)— 

14 (A) in subsection (b)(3), by striking ‘‘and 

15 2009’’ and inserting ‘‘2009, and 2010’’; and 

16 (B) in subsection (e), by striking ‘‘2009’’ 

17 each place it appears and inserting ‘‘2010’’; and 

18 (2) in section 599E (8 U.S.C. 1255 note) in 

19 subsection (b)(2), by striking ‘‘2009’’ and inserting 

20 ‘‘2010’’. 

21 (h) WORLD FOOD PROGRAM.—Of the funds managed 

22 by the Bureau for Democracy, Conflict, and Humanitarian 

23 Assistance of the United States Agency for International 

24 Development, from this or any other Act, not less than 

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1 tion to the World Food Program, notwithstanding any 

2 other provision of law. 

3 (i) DISARMAMENT, DEMOBILIZATION AND RE4 INTEGRATION.—Notwithstanding any other provision of 

5 law, regulation or Executive order, funds appropriated by 

6 this Act and prior Acts making appropriations for the De7 partment of State, foreign operations, and related pro8 grams under the headings ‘‘Economic Support Fund’’, 

9 ‘‘Peacekeeping Operations’’, ‘‘International Disaster As10 sistance’’, and ‘‘Transition Initiatives’’ should be made 

11 available to support programs to disarm, demobilize, and 

12 reintegrate into civilian society former members of foreign 

13 terrorist organizations: Provided, That the Secretary of 

14 State shall consult with the Committees on Appropriations 

15 prior to the obligation of funds pursuant to this sub16 section: Provided further, That for the purposes of this 

17 subsection the term ‘‘foreign terrorist organization’’ 

18 means an organization designated as a terrorist organiza19 tion under section 219 of the Immigration and Nationality 

20 Act. 

21 (j) PROGRAM FOR RESEARCH AND TRAINING ON

22 EASTERN EUROPE AND THE INDEPENDENT STATES OF

23 THE FORMER SOVIET UNION.—Of the funds appropriated 

24 by this Act under the heading, ‘‘Economic Support Fund’’, 

25 not less than $5,000,000 shall be made available to carry 


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1 out the Program for Research and Training on Eastern 

2 Europe and the Independent States of the Former Soviet 

3 Union (title VIII) as authorized by the Soviet-Eastern Eu4 ropean Research and Training Act of 1983 (22 U.S.C. 

5 4501–4508, as amended). 

6 (k) MIDDLE EAST FOUNDATION.—Funds appro7 priated by this Act and prior Acts for a Middle East Foun8 dation shall be subject to the regular notification proce9 dures of the Committees on Appropriations. 

10 (l) INTERPARLIAMENTARY EXCHANGES.—Of the un11 obligated funds in the ‘‘Educational and Cultural Ex12 change Programs’’ appropriation account, $411,687 shall 

13 be transferred to the permanent appropriation for delega14 tion expenses provided under Section 303 of the Depart15 ments of Commerce, Justice, and State, the Judiciary, and 

16 Related Agencies Appropriations Act, 1988, as enacted 

17 into law by section 101(a) of Public Law 100–202 (22 

18 USC 276e note), for the purpose of conducting Inter19 parliamentary Exchanges and shall remain available until 

20 expended. 

21 ARAB LEAGUE BOYCOTT OF ISRAEL

22 SEC. 7035. It is the sense of the Congress that— 

23 (1) the Arab League boycott of Israel, and the 

24 secondary boycott of American firms that have com25 mercial ties with Israel, is an impediment to peace 


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1 in the region and to United States investment and 

2 trade in the Middle East and North Africa; 

3 (2) the Arab League boycott, which was regret4 tably reinstated in 1997, should be immediately and 

5 publicly terminated, and the Central Office for the 

6 Boycott of Israel immediately disbanded; 

7 (3) all Arab League states should normalize re8 lations with their neighbor Israel; 

9 (4) the President and the Secretary of State 

10 should continue to vigorously oppose the Arab 

11 League boycott of Israel and find concrete steps to 

12 demonstrate that opposition by, for example, taking 

13 into consideration the participation of any recipient 

14 country in the boycott when determining to sell 

15 weapons to said country; and 

16 (5) the President should report to Congress an17 nually on specific steps being taken by the United 

18 States to encourage Arab League states to normalize 

19 their relations with Israel to bring about the termi20 nation of the Arab League boycott of Israel, includ21 ing those to encourage allies and trading partners of 

22 the United States to enact laws prohibiting busi23 nesses from complying with the boycott and penal24 izing businesses that do comply. 


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1 PALESTINIAN STATEHOOD

2 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

3 of the funds appropriated under titles III through VI of 

4 this Act may be provided to support a Palestinian state 

5 unless the Secretary of State determines and certifies to 

6 the appropriate congressional committees that— 

7 (1) the governing entity of a new Palestinian 

8 state— 

9 (A) has demonstrated a firm commitment 

10 to peaceful co-existence with the State of Israel; 

11 (B) is taking appropriate measures to 

12 counter terrorism and terrorist financing in the 

13 West Bank and Gaza, including the dismantling 

14 of terrorist infrastructures, and is cooperating 

15 with appropriate Israeli and other appropriate 

16 security organizations; and 

17 (2) the Palestinian Authority (or the governing 

18 entity of a new Palestinian state) is working with 

19 other countries in the region to vigorously pursue ef20 forts to establish a just, lasting, and comprehensive 

21 peace in the Middle East that will enable Israel and 

22 an independent Palestinian state to exist within the 

23 context of full and normal relationships, which 

24 should include— 


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1 (A) termination of all claims or states of 

2 belligerency; 

3 (B) respect for and acknowledgment of the 

4 sovereignty, territorial integrity, and political 

5 independence of every state in the area through 

6 measures including the establishment of demili7 tarized zones; 

8 (C) their right to live in peace within se9 cure and recognized boundaries free from 

10 threats or acts of force; 

11 (D) freedom of navigation through inter12 national waterways in the area; and 

13 (E) a framework for achieving a just set14 tlement of the refugee problem. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that the governing entity should enact a constitution 

17 assuring the rule of law, an independent judiciary, and 

18 respect for human rights for its citizens, and should enact 

19 other laws and regulations assuring transparent and ac20 countable governance. 

21 (c) WAIVER.—The President may waive subsection 

22 (a) if he determines that it is important to the national 

23 security interests of the United States to do so. 

24 (d) EXEMPTION.—The restriction in subsection (a) 

25 shall not apply to assistance intended to help reform the 


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1 Palestinian Authority and affiliated institutions, or the 

2 governing entity, in order to help meet the requirements 

3 of subsection (a), consistent with the provisions of section 

4 7040 of this Act (‘‘Limitation on Assistance to the Pales5 tinian Authority’’). 

6 RESTRICTIONS CONCERNING THE PALESTINIAN

7 AUTHORITY

8 SEC. 7037. None of the funds appropriated under ti9 tles II through VI of this Act may be obligated or ex10 pended to create in any part of Jerusalem a new office 

11 of any department or agency of the United States Govern12 ment for the purpose of conducting official United States 

13 Government business with the Palestinian Authority over 

14 Gaza and Jericho or any successor Palestinian governing 

15 entity provided for in the Israel-PLO Declaration of Prin16 ciples: Provided, That this restriction shall not apply to 

17 the acquisition of additional space for the existing Con18 sulate General in Jerusalem: Provided further, That meet19 ings between officers and employees of the United States 

20 and officials of the Palestinian Authority, or any successor 

21 Palestinian governing entity provided for in the Israel22 PLO Declaration of Principles, for the purpose of con23 ducting official United States Government business with 

24 such authority should continue to take place in locations 

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1 cers and employees of the United States Government may 

2 continue to meet in Jerusalem on other subjects with Pal3 estinians (including those who now occupy positions in the 

4 Palestinian Authority), have social contacts, and have inci5 dental discussions. 

6 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

7 BROADCASTING CORPORATION

8 SEC. 7038. None of the funds appropriated or other9 wise made available by this Act may be used to provide 

10 equipment, technical support, consulting services, or any 

11 other form of assistance to the Palestinian Broadcasting 

12 Corporation. 

13 ASSISTANCE FOR THE WEST BANK AND GAZA

14 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2010, 

15 30 days prior to the initial obligation of funds for the bi16 lateral West Bank and Gaza Program, the Secretary of 

17 State shall certify to the Committees on Appropriations 

18 that procedures have been established to assure the Comp19 troller General of the United States will have access to 

20 appropriate United States financial information in order 

21 to review the uses of United States assistance for the Pro22 gram funded under the heading ‘‘Economic Support 

23 Fund’’ for the West Bank and Gaza. 

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1 port Fund’’ for assistance for the West Bank and Gaza, 

2 the Secretary of State shall take all appropriate steps to 

3 ensure that such assistance is not provided to or through 

4 any individual, private or government entity, or edu5 cational institution that the Secretary knows or has reason 

6 to believe advocates, plans, sponsors, engages in, or has 

7 engaged in, terrorist activity nor, with respect to private 

8 entities or educational institutions, those that have as a 

9 principal officer of the entity’s governing board or gov10 erning board of trustees any individual that has been de11 termined to be involved in, or advocating terrorist activity 

12 or determined to be a member of a designated foreign ter13 rorist organization. The Secretary of State shall, as appro14 priate, establish procedures specifying the steps to be 

15 taken in carrying out this subsection and shall terminate 

16 assistance to any individual, entity, or educational institu17 tion which the Secretary has determined to be involved 

18 in or advocating terrorist activity. 

19 (c) PROHIBITION.— 

20 (1) None of the funds appropriated under titles 

21 III through VI of this Act for assistance under the 

22 West Bank and Gaza Program may be made avail23 able for the purpose of recognizing or otherwise hon24 oring individuals who commit, or have committed 

25 acts of terrorism. 


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1 (2) Notwithstanding any other provision of law, 

2 none of the funds made available by this or prior ap3 propriations Acts, including funds made available by 

4 transfer, may be made available for obligation for se5 curity assistance for the West Bank and Gaza until 

6 the Secretary of State reports to the Committees on 

7 Appropriations on the benchmarks that have been 

8 established for security assistance for the West 

9 Bank and Gaza and reports on the extent of Pales10 tinian compliance with such benchmarks. 

11 (d) AUDITS.— 

12 (1) The Administrator of the United States 

13 Agency for International Development shall ensure 

14 that Federal or non-Federal audits of all contractors 

15 and grantees, and significant subcontractors and 

16 sub-grantees, under the West Bank and Gaza Pro17 gram, are conducted at least on an annual basis to 

18 ensure, among other things, compliance with this 

19 section. 

20 (2) Of the funds appropriated by this Act up to 

21 $500,000 may be used by the Office of the Inspector 

22 General of the United States Agency for Inter23 national Development for audits, inspections, and 

24 other activities in furtherance of the requirements of 


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1 this subsection. Such funds are in addition to funds 

2 otherwise available for such purposes. 

3 (e) Subsequent to the certification specified in sub4 section (a), the Comptroller General of the United States 

5 shall conduct an audit and an investigation of the treat6 ment, handling, and uses of all funds for the bilateral 

7 West Bank and Gaza Program, including all funds pro8 vided as cash transfer assistance, in fiscal year 2010 

9 under the heading ‘‘Economic Support Fund’’. The audit 

10 shall address— 

11 (1) the extent to which such Program complies 

12 with the requirements of subsections (b) and (c); 

13 and 

14 (2) an examination of all programs, projects, 

15 and activities carried out under such Program, in16 cluding both obligations and expenditures. 

17 (f) Funds made available in this Act for West Bank 

18 and Gaza shall be subject to the regular notification proce19 dures of the Committees on Appropriations. 

20 (g) Not later than 180 days after enactment of this 

21 Act, the Secretary of State shall submit a report to the 

22 Committees on Appropriations updating the report con23 tained in section 2106 of chapter 2 of title II of Public 

24 Law 109–13. 


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1 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

2 AUTHORITY

3 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

4 the funds appropriated by this Act to carry out the provi5 sions of chapter 4 of part II of the Foreign Assistance 

6 Act of 1961 may be obligated or expended with respect 

7 to providing funds to the Palestinian Authority. 

8 (b) WAIVER.—The prohibition included in subsection 

9 (a) shall not apply if the President certifies in writing to 

10 the Speaker of the House of Representatives, the Presi11 dent pro tempore of the Senate, and the Committees on 

12 Appropriations that waiving such prohibition is important 

13 to the national security interests of the United States. 

14 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

15 waiver pursuant to subsection (b) shall be effective for no 

16 more than a period of 6 months at a time and shall not 

17 apply beyond 12 months after the enactment of this Act. 

18 (d) REPORT.—Whenever the waiver authority pursu19 ant to subsection (b) is exercised, the President shall sub20 mit a report to the Committees on Appropriations detail21 ing the justification for the waiver, the purposes for which 

22 the funds will be spent, and the accounting procedures in 

23 place to ensure that the funds are properly disbursed. The 

24 report shall also detail the steps the Palestinian Authority 


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1 has taken to arrest terrorists, confiscate weapons and dis2 mantle the terrorist infrastructure. 

3 (e) CERTIFICATION.—If the President exercises the 

4 waiver authority under subsection (b), the Secretary of 

5 State must certify and report to the Committees on Ap6 propriations prior to the obligation of funds that the Pal7 estinian Authority has established a single treasury ac8 count for all Palestinian Authority financing and all fi9 nancing mechanisms flow through this account, no parallel 

10 financing mechanisms exist outside of the Palestinian Au11 thority treasury account, and there is a single comprehen12 sive civil service roster and payroll. 

13 (f) PROHIBITION TO HAMAS AND THE PALESTINE

14 LIBERATION ORGANIZATION.— 

15 (1) None of the funds appropriated in titles III 

16 through VI of this Act may be obligated for salaries 

17 of personnel of the Palestinian Authority located in 

18 Gaza or may be obligated or expended for assistance 

19 to Hamas or any entity effectively controlled by 

20 Hamas or any power-sharing government of which 

21 Hamas is a member. 

22 (2) Notwithstanding the limitation of subsection 

23 (1), assistance may be provided to a power-sharing 

24 government only if the President certifies and re25 ports to the Committees on Appropriations that such 


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1 government, including all of its ministers or such 

2 equivalent, has publicly accepted and is complying 

3 with the principles contained in section 

4 620K(b)(1)(A) and (B) of the Foreign Assistance 

5 Act of 1961, as amended. 

6 (3) The President may exercise the authority in 

7 section 620K(e) of the Foreign Assistance Act as 

8 added by the Palestinian Anti-Terrorism Act of 

9 2006 (Public Law 109–446) with respect to this 

10 subsection. 

11 (4) Whenever the certification pursuant to 

12 paragraph (2) is exercised, the Secretary of State 

13 shall submit a report to the Committees on Appro14 priations within 120 days of the certification and 

15 every quarter thereafter on whether such govern16 ment, including all of its ministers or such equiva17 lent are continuing to comply with the principles 

18 contained in section 620K(b)(l)(A) and (B) of the 

19 Foreign Assistance Act of 1961, as amended. The 

20 report shall also detail the amount, purposes and de21 livery mechanisms for any assistance provided pur22 suant to the abovementioned certification and a full 

23 accounting of any direct support of such govern24 ment. 


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1 (5) None of the funds appropriated under titles 

2 III through VI of this Act may be obligated for as3 sistance for the Palestine Liberation Organization. 

4 SAUDI ARABIA

5 SEC. 7041. None of the funds made available in this 

6 Act may be obligated or expended to finance any assist7 ance to Saudi Arabia. 

8 IRAQ

9 SEC. 7042. (a) MATCHING REQUIREMENT.—Funds 

10 appropriated in this Act for assistance for Iraq shall be 

11 made available in accordance with the Department of 

12 State’s April 9, 2009, ‘‘Guidelines for Government of Iraq 

13 Financial Participation in United States Government14 Funded Civilian Foreign Assistance Programs and 

15 Projects’’. 

16 (b) BASE RIGHTS.—None of the funds made avail17 able in this Act may be used by the Government of the 

18 United States to enter into a permanent basing rights 

19 agreement between the United States and Iraq. 

20 IRAN

21 SEC. 7043. (a) DIPLOMACY WITH IRAN.—Not later 

22 than 90 days after the enactment of this Act and every 

23 90 days thereafter, the Secretary of State shall report to 

24 the Committees on Appropriations, in classified form if 

25 necessary, on the status and progress of diplomatic efforts 


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1 aimed at curtailing the pursuit by Iran of nuclear weapons 

2 technology. 

3 (b) LIMITATION ON THE USE OF FUNDS BY THE EX4 PORT-IMPORT BANK RELATED TO IRAN.—None of the 

5 funds made available in title VI under the headings ‘‘Pro6 gram Account’’ and ‘‘Subsidy Appropriation’’ may be used 

7 by the Export-Import Bank of the United States to guar8 antee, insure, or extend credit for any project controlled 

9 by an energy producer or refiner that provides the Islamic 

10 Republic of Iran with significant refined petroleum re11 sources, that materially contributes to Iran’s capability to 

12 import refined petroleum resources, or that allows Iran to 

13 maintain or expand, in any material respect, its domestic 

14 production of refined petroleum resources, including any 

15 assistance in refinery construction, modernization, or re16 pair. 

17 (c) SANCTIONS REPORT.—Not later than 90 days 

18 after enactment of this Act, the Secretary of State shall 

19 submit a report to the Committees on Appropriations on 

20 the status of multilateral and bilateral United States sanc21 tions against Iran and actions taken by the United States 

22 and the international community to enforce sanctions 

23 against Iran. The report, which may be submitted in clas24 sified form if necessary, shall include the following: 


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1 (1) A list of all current United States bilateral 

2 and multilateral sanctions against Iran. 

3 (2) A list of all United States and foreign reg4 istered entities which the Secretary of State has rea5 son to believe may be in violation of existing United 

6 States bilateral and multilateral sanctions. 

7 (3) A detailed description of United States ef8 forts to enforce sanctions, including a list of all in9 vestigations initiated in the 12 months preceding the 

10 enactment of this Act that have resulted in a deter11 mination that a sanctions violation has occurred and 

12 United States government actions taken pursuant to 

13 the determination. 

14 (4) In the instances when sanctions were 

15 waived or otherwise not imposed against entities 

16 that were determined to have violated United States 

17 bilateral or multilateral sanctions, the reason in each 

18 instance of why action was not taken to sanction the 

19 entity. 

20 (5) A description of United States diplomatic 

21 efforts to expand bilateral and multilateral sanctions 

22 against Iran and strengthen international efforts to 

23 enforce existing sanctions. 


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1 LEBANON

2 SEC. 7044. (a) Funds appropriated under the head3 ing ‘‘Foreign Military Financing Program’’ in this Act for 

4 assistance for Lebanon shall be made available only to pro5 fessionalize the Lebanese Armed Forces and to strengthen 

6 border security and combat terrorism, including training 

7 and equipping the Lebanese Armed Forces to secure Leb8 anon’s borders, interdicting arms shipments, preventing 

9 the use of Lebanon as a safe haven for terrorist groups 

10 and implementing United Nations Security Council Reso11 lution 1701. 

12 (b) None of the funds in subsection (a) may be made 

13 available for obligation until after the Secretary of State 

14 provides the Committees on Appropriations a detailed 

15 spending plan, which shall include a strategy for profes16 sionalizing the Lebanese Armed Forces, strengthening 

17 border security and combating terrorism in Lebanon. 

18 WESTERN HEMISPHERE

19 SEC. 7045. (a) FREE TRADE AGREEMENTS.—Of the 

20 funds appropriated by this Act not less than $10,000,000 

21 from ‘‘Development Assistance’’ and not less than 

22 $10,000,000 from ‘‘Economic Support Fund’’ shall be 

23 made available for labor and environmental capacity build24 ing activities relating to the free trade agreements with 


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1 countries of Central America, Peru and the Dominican 

2 Republic. 

3 (b) ASSISTANCE FOR HAITI.— 

4 (1) The Government of Haiti shall be eligible to 

5 purchase defense articles and services under the 

6 Arms Export Control Act (22 U.S.C. 2751 et seq.), 

7 for the Coast Guard. 

8 (2) Of the funds appropriated by this Act under 

9 titles III and IV, not less than $300,000,000 shall 

10 be made available for assistance for Haiti. 

11 (3) None of the funds made available by this 

12 Act under the heading ‘‘International Narcotics Con13 trol and Law Enforcement’’ may be used to transfer 

14 excess weapons, ammunition or other lethal property 

15 of an agency of the United States Government to 

16 the Government of Haiti for use by the Haitian Na17 tional Police until the Secretary of State reports to 

18 the Committees on Appropriations that any mem19 bers of the Haitian National Police who have been 

20 credibly alleged to have committed serious crimes, 

21 including drug trafficking and violations of inter22 nationally recognized human rights, have been sus23 pended. 

24 (c) CARIBBEAN BASIN SECURITY INITIATIVE.—Of 

25 the funds appropriated under the headings ‘‘Development 


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1 Assistance’’, ‘‘Economic Support Fund’’, ‘‘International 

2 Narcotics Control and Law Enforcement’’, and ‘‘Foreign 

3 Military Financing Program’’ in this Act, up to 

4 $37,000,000 may be made available to provide equipment 

5 and training for counternarcotics forces to combat drug 

6 trafficking and related violence and organized crime, and 

7 for judicial reform, institution building, education, anti8 corruption, rule of law activities, and maritime security, 

9 of which not less than $21,100,000 shall be made available 

10 for social justice and education programs to include voca11 tional training, workforce development and juvenile justice 

12 activities: Provided, That none of the funds made available 

13 under this subsection shall be made available for budget 

14 support or as cash payments. 

15 (1) SPENDING PLAN.—Not later than 45 days 

16 after the date of the enactment of this Act, the Sec17 retary of State shall submit to the Committees on 

18 Appropriations a detailed spending plan for funds 

19 appropriated or otherwise made available for the 

20 countries of the Caribbean Basin by this Act, with 

21 concrete goals, actions to be taken, budget pro22 posals, and anticipated results. 

23 (2) DEFINITION.—For the purposes of this sub24 section, the term ‘‘countries of the Caribbean Basin’’ 

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1 bados, Belize, Dominica, Dominican Republic, Gre2 nada, Guyana, Haiti, Jamaica, St. Kitts and Nevis, 

3 Saint Lucia, St. Vincent and the Grenadines, 

4 Suriname, and Trinidad and Tobago. 

5 (d) ASSISTANCE FOR GUATEMALA.— 

6 (1) Of the funds appropriated by this Act under 

7 the heading ‘‘International Narcotics Control and 

8 Law Enforcement’’ not less than $3,000,000 shall 

9 be made available for a United States contribution 

10 to the International Commission Against Impunity 

11 in Guatemala (CICIG). 

12 (2) Funds appropriated by this Act under the 

13 heading ‘‘International Military Education and 

14 Training’’ (IMET) that are available for assistance 

15 for Guatemala, other than for expanded IMET, may 

16 be made available only for the Guatemalan Air 

17 Force, Navy and Army Corps of Engineers: Pro18 vided, That assistance for the Army Corps of Engi19 neers shall only be available for training to improve 

20 disaster response capabilities and to participate in 

21 international peacekeeping operations: Provided fur22 ther, That such funds may be made available only if 

23 the Secretary of State certifies that the Air Force, 

24 Navy and Army Corps of Engineers are respecting 

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1 ating with civilian judicial investigations and pros2 ecutions of current and retired military personnel 

3 who have been credibly alleged to have committed 

4 violations of such rights, and with the CICIG by 

5 granting access to CICIG personnel, providing evi6 dence to CICIG, and allowing witness testimony. 

7 (3) Of the funds appropriated by this Act under 

8 the heading ‘‘Foreign Military Financing Program’’, 

9 not more than $1,000,000 may be made available 

10 for the Guatemalan Air Force, Navy and Army 

11 Corps of Engineers: Provided, That assistance for 

12 the Army Corps of Engineers shall only be available 

13 for training to improve disaster response capabilities 

14 and to participate in international peacekeeping op15 erations: Provided further, That such funds may be 

16 made available only if the Secretary of State certifies 

17 that the Air Force, Navy and Army Corps of Engi18 neers are respecting internationally recognized 

19 human rights and cooperating with civilian judicial 

20 investigations and prosecutions of current and re21 tired military personnel who have been credibly al22 leged to have committed violations of such rights, in23 cluding protecting and providing to the Attorney 

24 General’s office all military archives pertaining to 

25 the internal armed conflict, and cooperating with the 


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1 CICIG by granting access to CICIG personnel, pro2 viding evidence to CICIG, and allowing witness testi3 mony. 

4 (e) ASSISTANCE FOR MEXICO.— 

5 (1) ASSISTANCE.—Of the funds appropriated 

6 under the headings ‘‘International Narcotics Control 

7 and Law Enforcement’’, ‘‘Foreign Military Financ8 ing Program’’, and ‘‘Economic Support Fund’’ in 

9 this Act, not more than $235,825,000 may be made 

10 available for assistance for Mexico, only to combat 

11 drug trafficking and related violence and organized 

12 crime, and for judicial reform, institution building, 

13 anti-corruption, and rule of law activities: Provided, 

14 That none of the funds made available under this 

15 subsection shall be made available for budget sup16 port or as cash payments. 

17 (2) APPLICABILITY OF FISCAL YEAR 2009 PRO18 VISIONS.—The provisions of paragraphs (1) through 

19 (3) of section 7045(e) of the Department of State, 

20 Foreign Operations, and Related Programs Appro21 priations Act, 2009 (division H of Public Law 111– 

22 8) shall apply to funds appropriated or otherwise 

23 made available by this Act for assistance for Mexico 

24 to the same extent and in the same manner as such 

25 provisions of law applied to funds appropriated or 


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1 otherwise made available by such other Act for as2 sistance for Mexico. 

3 (f) ASSISTANCE FOR THE COUNTRIES OF CENTRAL

4 AMERICA.—Of the funds appropriated under the headings 

5 ‘‘International Narcotics Control and Law Enforcement’’, 

6 and ‘‘Foreign Military Financing Program’’, $83,000,000 

7 may be made available for assistance for the countries of 

8 Central America only to combat drug trafficking and re9 lated violence and organized crime, and for judicial re10 form, institution building, anti-corruption, rule of law ac11 tivities, and maritime security: Provided, That none of the 

12 funds made available under this subsection shall be made 

13 available for budget support or as cash payments. 

14 (1) APPLICABILITY OF FISCAL YEAR 2009 PRO15 VISIONS.—The provisions of paragraphs (1) through 

16 (4) of section 7045(f) of the Department of State, 

17 Foreign Operations, and Related Programs Appro18 priations Act, 2009 (division H of Public Law 111– 

19 8) shall apply to funds appropriated or otherwise 

20 made available by this Act for assistance for coun21 tries of Central America to the same extent and in 

22 the same manner as such provisions of law applied 

23 to funds appropriated or otherwise made available by 

24 such other Act for assistance for the countries of 

25 Central America. 


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1 (2) DEFINITION.—For the purposes of this sub2 section, the term ‘‘countries of Central America’’ 

3 means Belize, Costa Rica, El Salvador, Guatemala, 

4 Honduras, Nicaragua, and Panama. 

5 (g) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

6 To the maximum extent practicable, the costs of oper7 ations and maintenance, including fuel, of aircraft funded 

8 by this Act should be borne by the recipient country. 

9 COLOMBIA

10 SEC. 7046. (a) ASSISTANCE FOR COLOMBIA.—Of the 

11 funds appropriated under the headings ‘‘Economic Sup12 port Fund’’, ‘‘International Narcotics Control and Law 

13 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 

14 Demining and Related Programs’’, ‘‘International Military 

15 Education and Training’’, and ‘‘Foreign Military Financ16 ing Program’’ in this Act, not more than $520,000,000 

17 shall be available for assistance for Colombia. 

18 (b) FUNDING.— 

19 (1) Funds appropriated by this Act and made 

20 available to the Department of State for assistance 

21 to the Government of Colombia may be used to sup22 port a unified campaign against narcotics trafficking 

23 and organizations designated as Foreign Terrorist 

24 Organizations and successor organizations, and to 

25 take actions to protect human health and welfare in 


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1 emergency circumstances, including undertaking res2 cue operations: Provided, That assistance made 

3 available in prior Acts for the Government of Colom4 bia to protect the Cano-Limon pipeline may also be 

5 used for purposes for which funds are made avail6 able under the heading ‘‘International Narcotics 

7 Control and Law Enforcement’’: Provided further, 

8 That no United States Armed Forces personnel or 

9 United States civilian contractor employed by the 

10 United States will participate in any combat oper11 ation in connection with assistance made available 

12 by this Act for Colombia: Provided further, That ro13 tary and fixed wing aircraft supported with funds 

14 appropriated under the heading ‘‘International Nar15 cotics Control and Law Enforcement’’ for assistance 

16 for Colombia may be used for aerial or manual drug 

17 eradication and interdiction including to transport 

18 personnel and supplies and to provide security for 

19 such operations, and to provide transport in support 

20 of alternative development programs and investiga21 tions of cases under the jurisdiction of the Attorney 

22 General, the Procuraduria General de la Nacion, and 

23 the Defensoria del Pueblo: Provided further, That 

24 the President shall ensure that if any helicopter pro25 cured with funds in this Act or prior Acts making 


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1 appropriations for the Department of State, foreign 

2 operations, and related programs, is used to aid or 

3 abet the operations of any illegal self-defense group, 

4 paramilitary organization, illegal security cooperative 

5 or successor organizations in Colombia, such heli6 copter shall be immediately returned to the United 

7 States. 

8 (2) Of the funds available under the heading 

9 ‘‘International Narcotics Control and Law Enforce10 ment’’ in this Act for the Colombian national police 

11 for the procurement of chemicals for aerial coca and 

12 poppy eradication programs, not more than 20 per13 cent of such funds may be made available for such 

14 eradication programs unless the Secretary of State 

15 certifies to the Committees on Appropriations that: 

16 (1) the herbicide is being used in accordance with 

17 EPA label requirements for comparable use in the 

18 United States and with Colombian laws; and (2) the 

19 herbicide, in the manner it is being used, does not 

20 pose unreasonable risks or adverse effects to humans 

21 or the environment, including endemic species: Pro22 vided, That such funds may not be made available 

23 unless the Secretary of State certifies to the Com24 mittees on Appropriations that complaints of harm 

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1 cation are thoroughly evaluated and fair compensa2 tion is being paid in a timely manner for meritorious 

3 claims: Provided further, That such funds may not 

4 be made available for such purposes unless programs 

5 are being implemented by the United States Agency 

6 for International Development, the Government of 

7 Colombia, or other organizations, in consultation 

8 and coordination with local communities, to provide 

9 alternative sources of income in areas where security 

10 permits for small-acreage growers and communities 

11 whose illicit crops are targeted for aerial eradication: 

12 Provided further, That none of the funds appro13 priated by this Act for assistance for Colombia shall 

14 be made available for the cultivation or processing of 

15 African oil palm, if doing so would contribute to sig16 nificant loss of native species, disrupt or contami17 nate natural water sources, reduce local food secu18 rity, or cause the forced displacement of local people: 

19 Provided further, That funds appropriated by this 

20 Act may be used for aerial eradication in Colombia’s 

21 national parks or reserves only if the Secretary of 

22 State certifies to the Committees on Appropriations 

23 on a case-by-case basis that there are no effective al24 ternatives and the eradication is conducted in ac25 cordance with Colombian laws. 


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1 (c) APPLICABILITY OF FISCAL YEAR 2009 PROVI2 SIONS.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), the provisions of subsections (b) through 

5 (f) of section 7046 of the Department of State, For6 eign Operations, and Related Programs Appropria7 tions Act, 2009 (division H of Public Law 111–8) 

8 shall apply to funds appropriated or otherwise made 

9 available by this Act for assistance for Colombia to 

10 the same extent and in the same manner as such 

11 provisions of law applied to funds appropriated or 

12 otherwise made available by such other Act for as13 sistance for Colombia. 

14 (2) EXCEPTIONS.—The following provisions of 

15 section 7046 of division H of Public Law 111–8 

16 shall apply to funds appropriated or otherwise made 

17 available by this Act for assistance for Colombia as 

18 follows: 

19 (A) Subsection (b)(1)(B) is amended by 

20 striking clause (iv) and inserting the following: 

21 ‘‘(iv) That the Government of Colom22 bia is respecting the rights of human 

23 rights defenders, journalists, trade union24 ists, political opposition and religious lead25 ers, and indigenous and Afro-Colombian 


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1 communities, and the Colombian Armed 

2 Forces are implementing procedures to dis3 tinguish between civilians, including dis4 placed persons, and combatants in their 

5 operations.’’. 

6 (B) Subsection (b)(2) is amended by strik7 ing ‘‘July 31, 2009’’ and inserting ‘‘July 31, 

8 2010’’. 

9 (C) Subsection (b)(3) is amended by strik10 ing ‘‘Andean Counterdrug Programs’’ and in11 serting ‘‘International Narcotics Control and 

12 Law Enforcement’’. 

13 (D) Subsection (c) is amended by striking 

14 ‘‘September 30, 2009’’ and inserting ‘‘Sep15 tember 30, 2010’’. 

16 (E) Subsection (d)(1) is amended— 

17 (i) by striking ‘‘$16,769,000’’ and in18 serting ‘‘$18,606,000’’; and 

19 (ii) by striking ‘‘fiscal year 2009’’ and 

20 inserting ‘‘fiscal year 2010’’. 

21 COMMUNITY-BASED POLICE ASSISTANCE

22 SEC. 7047. (a) AUTHORITY.—Funds made available 

23 by titles III and IV of this Act to carry out the provisions 

24 of chapter 1 of part I and chapters 4 and 6 of part II 

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1 withstanding section 660 of that Act, to enhance the effec2 tiveness and accountability of civilian police authority 

3 through training and technical assistance in human rights, 

4 the rule of law, anti-corruption, strategic planning, and 

5 through assistance to foster civilian police roles that sup6 port democratic governance including assistance for pro7 grams to prevent conflict, respond to disasters, address 

8 gender-based violence, and foster improved police relations 

9 with the communities they serve. 

10 (b) NOTIFICATION.—Assistance provided under sub11 section (a) shall be subject to prior consultation with, and 

12 the regular notification procedures of, the Committees on 

13 Appropriations. 

14 PROHIBITION OF PAYMENTS TO UNITED NATIONS

15 MEMBERS

16 SEC. 7048. None of the funds appropriated or made 

17 available pursuant to titles III through VI of this Act for 

18 carrying out the Foreign Assistance Act of 1961, may be 

19 used to pay in whole or in part any assessments, arrear20 ages, or dues of any member of the United Nations or, 

21 from funds appropriated by this Act to carry out chapter 

22 1 of part I of the Foreign Assistance Act of 1961, the 

23 costs for participation of another country’s delegation at 

24 international conferences held under the auspices of multi25 lateral or international organizations. 


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1 WAR CRIMES TRIBUNALS DRAWDOWN

2 SEC. 7049. If the President determines that doing so 

3 will contribute to a just resolution of charges regarding 

4 genocide or other violations of international humanitarian 

5 law, the President may direct a drawdown pursuant to sec6 tion 552(c) of the Foreign Assistance Act of 1961 of up 

7 to $30,000,000 of commodities and services for the United 

8 Nations War Crimes Tribunal established with regard to 

9 the former Yugoslavia by the United Nations Security 

10 Council or such other tribunals or commissions as the 

11 Council may establish or authorize to deal with such viola12 tions, without regard to the ceiling limitation contained 

13 in paragraph (2) thereof: Provided, That the determina14 tion required under this section shall be in lieu of any de15 terminations otherwise required under section 552(c): Pro16 vided further, That funds shall be made available subject 

17 to the regular notification procedures of the Committees 

18 on Appropriations. 

19 PEACEKEEPING MISSIONS

20 SEC. 7050. None of the funds made available under 

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

22 undertaking when it is made known to the Federal official 

23 having authority to obligate or expend such funds that: 

24 (1) the United Nations undertaking is a peacekeeping mis25 sion; (2) such undertaking will involve United States 


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1 Armed Forces under the command or operational control 

2 of a foreign national; and (3) the President’s military advi3 sors have not submitted to the President a recommenda4 tion that such involvement is in the national interests of 

5 the United States and the President has not submitted 

6 to the Congress such a recommendation. 

7 PEACEKEEPING ASSESSMENT

8 SEC. 7051. Section 404(b)(2)(B) of the Foreign Re9 lations Authorization Act, Fiscal Years 1994 and 1995, 

10 (22 U.S.C. 287e note) is amended by striking clause (v) 

11 and inserting in lieu thereof: 

12 ‘‘(v) For assessments made during 

13 each of the calendar years 2005, 2006, 

14 2007, 2008, 2009, and 2010, 27.1 per15 cent.’’. 

16 UNITED NATIONS HUMAN RIGHTS COUNCIL

17 SEC. 7052. The Secretary of State shall report to the 

18 Committees on Appropriations not later than 30 days 

19 after the date of enactment of this Act, and every 90 days 

20 thereafter until September 30, 2010, on the resolutions 

21 proposed and adopted in the United Nations Human 

22 Rights Council: Provided, That the report shall include a 

23 summary of each proposed and adopted resolution; the 

24 sponsor and a record of how member nations voted. 


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1 ATTENDANCE AT INTERNATIONAL CONFERENCES

2 SEC. 7053. None of the funds made available in this 

3 Act may be used to send or otherwise pay for the attend4 ance of more than 50 employees of agencies or depart5 ments of the United States Government who are stationed 

6 in the United States, at any single international con7 ference occurring outside the United States, unless the 

8 Secretary of State reports to the Committees on Appro9 priations that such attendance is in the national interest: 

10 Provided, That for purposes of this section the term 

11 ‘‘international conference’’ shall mean a conference at12 tended by representatives of the United States Govern13 ment and of foreign governments, international organiza14 tions, or nongovernmental organizations. 

15 RESTRICTIONS ON UNITED NATIONS DELEGATIONS

16 SEC. 7054. None of the funds made available under 

17 title I of this Act may be used to pay expenses for any 

18 United States delegation to any specialized agency, body, 

19 or commission of the United Nations if such commission 

20 is chaired or presided over by a country, the government 

21 of which the Secretary of State has determined, for pur22 poses of section 6(j)(1) of the Export Administration Act 

23 of 1979 (50 U.S.C. App. 2405(j)(1)), supports inter24 national terrorism. 


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1 PARKING FINES AND REAL PROPERTY TAXES OWED BY

2 FOREIGN GOVERNMENTS

3 SEC. 7055. (a) Subject to subsection (c), of the funds 

4 appropriated under titles III through VI by this Act that 

5 are made available for assistance for a foreign country, 

6 an amount equal to 110 percent of the total amount of 

7 the unpaid fully adjudicated parking fines and penalties 

8 and unpaid property taxes owed by the central government 

9 of such country shall be withheld from obligation for as10 sistance for the central government of such country until 

11 the Secretary of State submits a certification to the Com12 mittees on Appropriations stating that such parking fines 

13 and penalties and unpaid property taxes are fully paid. 

14 (b) Funds withheld from obligation pursuant to sub15 section (a) may be made available for other programs or 

16 activities funded by this Act, after consultation with and 

17 subject to the regular notification procedures of the Com18 mittees on Appropriations, provided that no such funds 

19 shall be made available for assistance for the central gov20 ernment of a foreign country that has not paid the total 

21 amount of the fully adjudicated parking fines and pen22 alties and unpaid property taxes owed by such country. 

23 (c) Subsection (a) shall not include amounts that 

24 have been withheld under any other provision of law. 


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1 (d)(1) The Secretary of State may waive the require2 ments set forth in subsection (a) with respect to parking 

3 fines and penalties no sooner than 60 days from the date 

4 of enactment of this Act, or at any time with respect to 

5 a particular country, if the Secretary determines that it 

6 is in the national interests of the United States to do so. 

7 (2) The Secretary of State may waive the require8 ments set forth in subsection (a) with respect to the un9 paid property taxes if the Secretary of State determines 

10 that it is in the national interests of the United States 

11 to do so. 

12 (e) Not later than 6 months after the initial exercise 

13 of the waiver authority in subsection (d), the Secretary 

14 of State, after consultations with the City of New York, 

15 shall submit a report to the Committees on Appropriations 

16 describing a strategy, including a timetable and steps cur17 rently being taken, to collect the parking fines and pen18 alties and unpaid property taxes and interest owed by na19 tions receiving foreign assistance under this Act. 

20 (f) In this section: 

21 (1) The term ‘‘fully adjudicated’’ includes cir22 cumstances in which the person to whom the vehicle 

23 is registered— 

24 (A)(i) has not responded to the parking 

25 violation summons; or 


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1 (ii) has not followed the appropriate adju2 dication procedure to challenge the summons; 

3 and 

4 (B) the period of time for payment of or 

5 challenge to the summons has lapsed. 

6 (2) The term ‘‘parking fines and penalties’’ 

7 means parking fines and penalties— 

8 (A) owed to— 

9 (i) the District of Columbia; or 

10 (ii) New York, New York; and 

11 (B) incurred during the period April 1, 

12 1997, through September 30, 2009. 

13 (3) The term ‘‘unpaid property taxes’’ means 

14 the amount of unpaid taxes and interest determined 

15 to be owed by a foreign country on real property in 

16 the District of Columbia or New York, New York, 

17 in a court order or judgment entered against such 

18 country by a court of the United States or any State 

19 or subdivision thereof. 

20 LANDMINES AND CLUSTER MUNITIONS

21 SEC. 7056. (a) LANDMINES.—Notwithstanding any 

22 other provision of law, demining equipment available to 

23 the United States Agency for International Development 

24 and the Department of State and used in support of the 

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1 manitarian purposes may be disposed of on a grant basis 

2 in foreign countries, subject to such terms and conditions 

3 as the President may prescribe. 

4 (b) CLUSTER MUNITIONS.—No military assistance 

5 shall be furnished for cluster munitions, no defense export 

6 license for cluster munitions may be issued, and no cluster 

7 munitions or cluster munitions technology shall be sold or 

8 transferred, unless— 

9 (1) the submunitions of the cluster munitions 

10 have a 99 percent or higher functioning rate; and 

11 (2) the agreement applicable to the assistance, 

12 transfer, or sale of the cluster munitions or cluster 

13 munitions technology specifies that the cluster muni14 tions will only be used against clearly defined mili15 tary targets and will not be used where civilians are 

16 known to be present. 

17 LIMITATION ON RESIDENCE EXPENSES

18 SEC. 7057. Of the funds appropriated or made avail19 able pursuant to title II of this Act, not to exceed 

20 $100,500 shall be for official residence expenses of the 

21 United States Agency for International Development dur22 ing the current fiscal year: Provided, That appropriate 

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

24 possible, United States-owned foreign currencies are uti25 lized in lieu of dollars. 


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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENT MANAGEMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 7058. (a) AUTHORITY.—Up to $93,000,000 of 

5 the funds made available in title III of this Act to carry 

6 out the provisions of part I of the Foreign Assistance Act 

7 of 1961, including funds appropriated under the heading 

8 ‘‘Assistance for Europe, Eurasia and Central Asia’’, may 

9 be used by the United States Agency for International De10 velopment (USAID) to hire and employ individuals in the 

11 United States and overseas on a limited appointment basis 

12 pursuant to the authority of sections 308 and 309 of the 

13 Foreign Service Act of 1980. 

14 (b) RESTRICTIONS.— 

15 (1) The number of individuals hired in any fis16 cal year pursuant to the authority contained in sub17 section (a) may not exceed 175. 

18 (2) The authority to hire individuals contained 

19 in subsection (a) shall expire on September 30, 

20 2011. 

21 (c) CONDITIONS.—The authority of subsection (a) 

22 may only be used to the extent that an equivalent number 

23 of positions that are filled by personal services contractors 

24 or other non-direct hire employees of USAID, who are 

25 compensated with funds appropriated to carry out part I 


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1 of the Foreign Assistance Act of 1961, including funds 

2 appropriated under the heading ‘‘Assistance for Europe, 

3 Eurasia and Central Asia’’, are eliminated. 

4 (d) PRIORITY SECTORS.—In exercising the authority 

5 of this section, primary emphasis shall be placed on ena6 bling USAID to meet personnel positions in technical skill 

7 areas currently encumbered by contractor or other non8 direct hire personnel. 

9 (e) CONSULTATIONS.—The USAID Administrator 

10 shall consult with the Committees on Appropriations at 

11 least on a quarterly basis concerning the implementation 

12 of this section. 

13 (f) PROGRAM ACCOUNT CHARGED.—The account 

14 charged for the cost of an individual hired and employed 

15 under the authority of this section shall be the account 

16 to which such individual’s responsibilities primarily relate. 

17 Funds made available to carry out this section may be 

18 transferred to, and merged with, funds appropriated by 

19 this Act in title II under the heading ‘‘Operating Ex20 penses’’. 

21 (g) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi22 viduals hired and employed by USAID, with funds made 

23 available in this Act or prior Acts making appropriations 

24 for the Department of State, foreign operations, and re25 lated programs, pursuant to the authority of section 309 


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1 of the Foreign Service Act of 1980, may be extended for 

2 a period of up to 4 years notwithstanding the limitation 

3 set forth in such section. 

4 (h) JUNIOR OFFICER PLACEMENT AUTHORITY.—Of 

5 the funds made available in subsection (a), USAID may 

6 use, in addition to funds otherwise available for such pur7 poses, up to $15,000,000 to fund overseas support costs 

8 of members of the Foreign Service with a Foreign Service 

9 rank of four or below: Provided, That such authority is 

10 only used to reduce USAID’s reliance on overseas personal 

11 services contractors or other non-direct hire employees 

12 compensated with funds appropriated to carry out part I 

13 of the Foreign Assistance Act of 1961, including funds 

14 appropriated under the heading ‘‘Assistance for Europe, 

15 Eurasia and Central Asia’’. 

16 (i) DISASTER SURGE CAPACITY.—Funds appro17 priated under title III of this Act to carry out part I of 

18 the Foreign Assistance Act of 1961, including funds ap19 propriated under the heading ‘‘Assistance for Europe, 

20 Eurasia and Central Asia’’, may be used, in addition to 

21 funds otherwise available for such purposes, for the cost 

22 (including the support costs) of individuals detailed to or 

23 employed by USAID whose primary responsibility is to 

24 carry out programs in response to natural disasters. 


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1 (j) TECHNICAL ADVISORS.—Up to $13,500,000 of 

2 the funds made available by this Act in title III for assist3 ance under the heading ‘‘Global Health and Child Sur4 vival’’, may be used to reimburse United States Govern5 ment agencies, agencies of State governments, institutions 

6 of higher learning, and private and voluntary organiza7 tions for the full cost of individuals (including for the per8 sonal services of such individuals) detailed or assigned to, 

9 or contracted by, as the case may be, USAID for the pur10 pose of carrying out activities under that heading: Pro11 vided, That up to $3,500,000 of the funds made available 

12 by this Act for assistance under the heading ‘‘Develop13 ment Assistance’’ may be used to reimburse such agencies, 

14 institutions, and organizations for such costs of such indi15 viduals carrying out other development assistance activi16 ties. 

17 (k) PERSONAL SERVICES CONTRACTORS.—Funds ap18 propriated by this Act to carry out chapter 1 of part I, 

19 chapter 4 of part II, and section 667 of the Foreign As20 sistance Act of 1961, and title II of the Agricultural Trade 

21 Development and Assistance Act of 1954, may be used 

22 by USAID to employ up to 40 personal services contrac23 tors in the United States, notwithstanding any other pro24 vision of law, for the purpose of providing direct, interim 

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1 tivities managed by the agency until permanent direct hire 

2 personnel are hired and trained: Provided, That not more 

3 than 10 of such contractors shall be assigned to any bu4 reau or office: Provided further, That not more than 15 

5 of such contractors shall be for activities related to 

6 USAID’s Afghanistan program: Provided further, That 

7 such funds appropriated to carry out title II of the Agri8 cultural Trade Development and Assistance Act of 1954, 

9 may be made available only for personal services contrac10 tors assigned to the Office of Food for Peace. 

11 (l) HIRING AUTHORITY.—Notwithstanding section 

12 307 of the Foreign Service Act of 1980, the USAID Ad13 ministrator may hire up to 30 individuals under the Devel14 opment Leadership Initiative: Provided, That the author15 ity contained in this subsection shall expire on September 

16 30, 2011. 

17 GLOBAL HEALTH ACTIVITIES

18 SEC. 7059. Funds appropriated by titles III and IV 

19 of this Act that are made available for bilateral assistance 

20 for child survival activities or disease programs including 

21 activities relating to research on, and the prevention, 

22 treatment and control of, HIV/AIDS may be made avail23 able notwithstanding any other provision of law except for 

24 the provisions under the heading ‘‘Global Health and 

25 Child Survival’’ and the United States Leadership Against 


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1 HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 

2 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided, 

3 That of the funds appropriated under title III of this Act, 

4 not less than $648,457,000 should be made available for 

5 family planning/reproductive health, including in areas 

6 where population growth threatens biodiversity or endan7 gered species. 

8 DEVELOPMENT GRANTS PROGRAM

9 SEC. 7060. Of the funds appropriated in title III of 

10 this Act, not less than $40,000,000 shall be made avail11 able for the Development Grants Program established pur12 suant to section 674 of the Department of State, Foreign 

13 Operations, and Related Programs Appropriations Act, 

14 2008 (division J of Public Law 110–161) and of which, 

15 $15,000,000 shall be for grants for organizations focused 

16 on building women’s leadership capacity, addressing wom17 en’s unique development needs, or directly benefitting 

18 women and girls: Provided, That funds made available 

19 under this section are in addition to other funds available 

20 for such purposes including funds designated by this Act 

21 by section 7064. 

22 WOMEN IN DEVELOPMENT

23 SEC. 7061. (a) Programs funded under title III of 

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1 ations in the planning, assessment, implementation, moni2 toring and evaluation of such programs. 

3 (b) Funds made available under title III of this Act 

4 shall be made available to support programs to enhance 

5 economic opportunities for poor women in developing 

6 countries, including increasing the number and capacity 

7 of women-owned enterprises, improving property rights for 

8 women, increasing access to financial services, and im9 proving women’s ability to participate in the global econ10 omy, including expanding their access to markets. 

11 (c) Funds made available under title III of this Act 

12 for food security and agricultural development shall take 

13 into consideration the unique needs of women in agri14 culture development and technical assistance for women 

15 farmers should be a priority. 

16 GENDER-BASED VIOLENCE

17 SEC. 7062. (a) Funds appropriated under the head18 ings ‘‘Development Assistance’’ and ‘‘Economic Support 

19 Fund’’ in this Act shall be made available for programs 

20 to address sexual and gender-based violence. 

21 (b) Programs and activities funded under titles III 

22 and IV of this Act that provide training for foreign police, 

23 judicial, and military officials shall address, where appro24 priate, gender-based violence. 


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1 EDUCATION

2 SEC. 7063. (a) BASIC EDUCATION.— 

3 (1) Of the funds appropriated by title III of 

4 this Act, not less than $1,000,000,000 should be 

5 made available for assistance for basic education, of 

6 which not less than $365,000,000 shall be made 

7 available under the heading ‘‘Development Assist8 ance’’. 

9 (2) There shall continue to be a Coordinator of 

10 United States Government basic education assist11 ance in developing countries as established in section 

12 664 of division J of Public Law 110–161. 

13 (3) The United States Agency for International 

14 Development (USAID) shall ensure that programs 

15 supported by funding appropriated for basic edu16 cation in this Act, and prior Acts, are fully inte17 grated with other health, agriculture and economic 

18 development funding. Programs should provide ac19 cess to a quality education and funding from other 

20 accounts should be integrated into the economic and 

21 social needs of the broader community. Schools sup22 ported by funding in this Act and in prior Acts 

23 should serve as ‘‘Communities of Learning’’ and 

24 should be the focal point for health, education and 

25 development activities. 


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1 (4) USAID shall ensure that pilot programs im2 plemented pursuant to section 664 of division J of 

3 Public Law 110–161 include ‘‘Communities of 

4 Learning’’ in the 5-year strategic plans. 

5 (b) HIGHER EDUCATION.—Of the funds appropriated 

6 by title III of this Act, not less than $200,000,000 should 

7 be made available for assistance for higher education, of 

8 which not less than $20,000,000 shall be made available 

9 to expand higher education activities in Africa. 

10 RECONCILIATION PROGRAMS

11 SEC. 7064. Of the funds appropriated by title III of 

12 this Act under the headings ‘‘Economic Support Fund’’ 

13 and ‘‘Development Assistance’’, $27,000,000 shall be 

14 made available to support people to people reconciliation 

15 programs which bring together individuals of different eth16 nic, religious and political backgrounds from areas of civil 

17 conflict and war, of which $11,000,000 shall be made 

18 available to support programs in the Middle East: Pro19 vided, That the Administrator of the United States Agen20 cy for International Development shall consult with the 

21 Committees on Appropriations, prior to the initial obliga22 tion of funds, on the most effective uses of such funds. 

23 COMPREHENSIVE EXPENDITURES REPORT

24 SEC. 7065. Not later than 180 days after the date 

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1 mit a report to the Committees on Appropriations detail2 ing the total amount of United States Government ex3 penditures in fiscal years 2008 and 2009, by Federal 

4 agency, for assistance programs and activities in each for5 eign country, identifying the line item as presented in the 

6 President’s Budget Appendix and the purpose for which 

7 the funds were provided: Provided, That if required, infor8 mation may be submitted in classified form. 

9 REQUESTS FOR DOCUMENTS

10 SEC. 7066. None of the funds appropriated or made 

11 available pursuant to titles III through VI of this Act shall 

12 be available to a nongovernmental organization, including 

13 any contractor, which fails to provide upon timely request 

14 any document, file, or record necessary to the auditing re15 quirements of the United States Agency for International 

16 Development. 

17 SENIOR POLICY OPERATING GROUP

18 SEC. 7067. (a) The Senior Policy Operating Group 

19 on Trafficking in Persons, established under section 

20 105(f) of the Victims of Trafficking and Violence Protec21 tion Act of 2000 (22 U.S.C. 7103(f)) to coordinate agency 

22 activities regarding policies (including grants and grant 

23 policies) involving the international trafficking in persons, 

24 shall coordinate all such policies related to the activities 

25 of traffickers and victims of severe forms of trafficking. 


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

2 or any other Act making appropriations for the Depart3 ment of State, foreign operations, and related programs 

4 shall be expended to perform functions that duplicate co5 ordinating responsibilities of the Operating Group. 

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

7 to the authorities that appointed them pursuant to section 

8 105(f). 

9 PROHIBITION ON USE OF TORTURE

10 SEC. 7068. None of the funds made available in this 

11 Act shall be used in any way whatsoever to support or 

12 justify the use of torture, cruel or inhumane treatment 

13 by any official or contract employee of the United States 

14 Government. 

15 AFRICA

16 SEC. 7069. (a) EXPANDED INTERNATIONAL MILI17 TARY EDUCATION AND TRAINING.— 

18 (1) Funds appropriated under the heading 

19 ‘‘International Military Education and Training’’ in 

20 this Act that are made available for assistance for 

21 Angola, Cameroon, Central African Republic, Chad, 

22 Cote D’Ivoire, Guinea and Zimbabwe may be made 

23 available only for expanded international military 

24 education and training. 


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1 (2) None of the funds appropriated under the 

2 heading ‘‘International Military Education and 

3 Training’’ in this Act may be made available for as4 sistance for Equatorial Guinea or Somalia. 

5 (b) SUDAN LIMITATION ON ASSISTANCE.— 

6 (1) Subject to subsection (2): 

7 (A) Notwithstanding any other provision of 

8 law, none of the funds appropriated by this Act 

9 may be made available for assistance for the 

10 Government of Sudan. 

11 (B) None of the funds appropriated by this 

12 Act may be made available for the cost, as de13 fined in section 502, of the Congressional 

14 Budget Act of 1974, of modifying loans and 

15 loan guarantees held by the Government of 

16 Sudan, including the cost of selling, reducing, 

17 or canceling amounts owed to the United 

18 States, and modifying concessional loans, guar19 antees, and credit agreements. 

20 (2) Subsection (b)(1) shall not apply if the Sec21 retary of State determines and certifies to the Com22 mittees on Appropriations that: 

23 (A) The Government of Sudan honors its 

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1 arms and demobilizes the Janjaweed and other 

2 government-supported militias. 

3 (B) The Government of Sudan and all gov4 ernment-supported militia groups are honoring 

5 their commitments made in all previous cease6 fire agreements. 

7 (C) The Government of Sudan is allowing 

8 unimpeded access to Darfur to humanitarian 

9 aid organizations, the human rights investiga10 tion and humanitarian teams of the United Na11 tions, including protection officers, and an 

12 international monitoring team that is based in 

13 Darfur and has the support of the United 

14 States. 

15 (3) EXCEPTIONS.—The provisions of subsection 

16 (b)(1) shall not apply to— 

17 (A) humanitarian assistance; 

18 (B) assistance for the Darfur region, 

19 Southern Sudan, Southern Kordofan/Nuba 

20 Mountains State, Blue Nile State, and Abyei; 

21 and 

22 (C) assistance to support implementation 

23 of the Comprehensive Peace Agreement and the 

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1 nationally-recognized viable peace agreement in 

2 Sudan. 

3 (4) DEFINITIONS.—For the purposes of this 

4 Act, the term ‘‘Government of Sudan’’ shall not in5 clude the Government of Southern Sudan. 

6 (5) Notwithstanding any other provision of law, 

7 assistance in this Act may be made available to the 

8 Government of Southern Sudan to provide non-lethal 

9 military assistance, military education and training, 

10 and defense services controlled under the Inter11 national Traffic in Arms Regulations (22 CFR 

12 120.1 et seq.) if the Secretary of State— 

13 (A) determines that the provision of such 

14 items is in the national interest of the United 

15 States; and 

16 (B) not later than 15 days before the pro17 vision of any such assistance, notifies the Com18 mittees on Appropriations of such determina19 tion. 

20 (c) WAR CRIMES IN AFRICA.— 

21 (1) The Congress reaffirms its support for the 

22 efforts of the International Criminal Tribunal for 

23 Rwanda (ICTR) and the Special Court for Sierra 

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1 sible for war crimes and crimes against humanity in 

2 a timely manner. 

3 (2) Funds appropriated by this Act, including 

4 funds for debt restructuring, may be made available 

5 for assistance for the central government of a coun6 try in which individuals indicted by ICTR and SCSL 

7 are credibly alleged to be living, if the Secretary of 

8 State determines and reports to the Committees on 

9 Appropriations that such government is cooperating 

10 with ICTR and SCSL, including the surrender and 

11 transfer of indictees in a timely manner: Provided, 

12 That this subsection shall not apply to assistance 

13 provided under section 551 of the Foreign Assist14 ance Act of 1961 or to project assistance under title 

15 VI of this Act: Provided further, That the United 

16 States shall use its voice and vote in the United Na17 tions Security Council to fully support efforts by 

18 ICTR and SCSL to bring to justice individuals in19 dicted by such tribunals in a timely manner. 

20 (3) The prohibition in subsection (2) may be 

21 waived on a country-by-country basis if the Presi22 dent determines that doing so is in the national se23 curity interest of the United States: Provided, That 

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1 dent shall submit a report to the Committees on Ap2 propriations, in classified form if necessary, on— 

3 (A) the steps being taken to obtain the co4 operation of the government in surrendering the 

5 indictee in question to the court of jurisdiction; 

6 (B) a strategy, including a timeline, for 

7 bringing the indictee before such court; and 

8 (C) the justification for exercising the 

9 waiver authority. 

10 (d) ZIMBABWE.— 

11 (1) The Secretary of the Treasury shall instruct 

12 the United States executive director to each inter13 national financial institution to vote against any ex14 tension by the respective institution of any loans to 

15 the Government of Zimbabwe, except to meet basic 

16 human needs or to promote democracy, unless the 

17 Secretary of State determines and reports in writing 

18 to the Committees on Appropriations that the rule 

19 of law has been restored in Zimbabwe, including re20 spect for ownership and title to property, freedom of 

21 speech and association, and a transition government 

22 has been established that reflects the will of the peo23 ple as they voted in the March 2008 elections. 

24 (2) None of the funds appropriated by this Act 

25 shall be made available for assistance for the central 


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1 government of Zimbabwe, except with respect to 

2 funds made available for macroeconomic growth as3 sistance, unless the Secretary of State makes the de4 termination pursuant to subsection (d)(1). 

5 ASIA

6 SEC. 7070. (a) TIBET.— 

7 (1) The Secretary of the Treasury should in8 struct the United States executive director to each 

9 international financial institution to use the voice 

10 and vote of the United States to support projects in 

11 Tibet if such projects do not provide incentives for 

12 the migration and settlement of non-Tibetans into 

13 Tibet or facilitate the transfer of ownership of Ti14 betan land and natural resources to non-Tibetans; 

15 are based on a thorough needs-assessment; foster 

16 self-sufficiency of the Tibetan people and respect Ti17 betan culture and traditions; and are subject to ef18 fective monitoring. 

19 (2) Notwithstanding any other provision of law, 

20 not less than $7,300,000 of the funds appropriated 

21 by this Act under the heading ‘‘Economic Support 

22 Fund’’ should be made available to nongovernmental 

23 organizations to support activities which preserve 

24 cultural traditions and promote sustainable develop25 ment and environmental conservation in Tibetan 


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1 communities in the Tibetan Autonomous Region and 

2 in other Tibetan communities in China. 

3 (b) BURMA.— 

4 (1) The Secretary of the Treasury shall instruct 

5 the United States executive director to each appro6 priate international financial institution in which the 

7 United States participates, to oppose and vote 

8 against the extension by such institution any loan or 

9 financial or technical assistance or any other utiliza10 tion of funds of the respective bank to and for 

11 Burma. 

12 (2) Of the funds appropriated by this Act under 

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

14 $12,000,000 may be made available for humani15 tarian assistance for individuals and communities 

16 impacted by Cyclone Nargis and to support democ17 racy activities in Burma, and not less than 

18 $20,000,000 shall be made available for assistance 

19 along the Burma-Thailand border, for activities of 

20 Burmese student groups and other organizations lo21 cated outside Burma, and for the purpose of sup22 porting the provision of humanitarian assistance to 

23 displaced Burmese along Burma’s borders: Provided, 

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1 ther, That in addition to assistance for Burmese ref2 ugees provided under the heading ‘‘Migration and 

3 Refugee Assistance’’ in this Act, not less than 

4 $4,000,000 shall be made available for community5 based organizations operating in Thailand to provide 

6 food, medical and other humanitarian assistance to 

7 internally displaced persons in eastern Burma: Pro8 vided further, That funds made available under this 

9 paragraph shall be subject to the regular notification 

10 procedures of the Committees on Appropriations. 

11 (c) INDONESIA.— 

12 (1) Of the funds appropriated by this Act under 

13 the heading ‘‘Foreign Military Financing Program’’, 

14 not to exceed $20,000,000 shall be made available 

15 for assistance for Indonesia, of which $2,000,000 

16 shall be made available only after the Secretary of 

17 State submits to the Committees on Appropriations 

18 the report on Indonesia detailed under such heading 

19 in the report accompanying this Act. 

20 (2) Of the funds appropriated by this Act under 

21 the heading ‘‘Economic Support Fund’’ that are 

22 available for assistance for Indonesia, not less than 

23 $300,000 should be made available for grants for ca24 pacity building of Indonesian human rights organi25 zations, including in Papua. 


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1 (d) NORTH KOREA.— 

2 (1) Funds made available under the heading 

3 ‘‘Migration and Refugee Assistance’’ in this Act 

4 should be made available for assistance for refugees 

5 from North Korea. 

6 (2) Of the funds made available under the 

7 heading ‘‘International Broadcasting Operations’’ in 

8 title I of this Act, not less than $7,800,000 shall be 

9 made available for broadcasts into North Korea. 

10 (3) None of the funds made available under the 

11 heading ‘‘Economic Support Fund’’ may be made 

12 available for assistance for the Government of North 

13 Korea unless the Secretary of State determines and 

14 reports to the Committees on Appropriations in writ15 ing that North Korea is fulfilling its commitments 

16 under the Six Party Talks agreements. 

17 (e) PEOPLE’S REPUBLIC OF CHINA.— 

18 (1) None of the funds appropriated under the 

19 heading ‘‘Diplomatic and Consular Programs’’ in 

20 this Act may be obligated or expended for processing 

21 licenses for the export of satellites of United States 

22 origin (including commercial satellites and satellite 

23 components) to the People’s Republic of China un24 less, at least 15 days in advance, the Committees on 

25 Appropriations are notified of such proposed action. 


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1 (2) The terms and requirements of section 

2 620(h) of the Foreign Assistance Act of 1961 shall 

3 apply to foreign assistance projects or activities of 

4 the People’s Liberation Army (PLA) of the People’s 

5 Republic of China, to include such projects or activi6 ties by any entity that is owned or controlled by, or 

7 an affiliate of, the PLA: Provided, That none of the 

8 funds appropriated or otherwise made available pur9 suant to this Act may be used to finance any grant, 

10 contract, or cooperative agreement with the PLA, or 

11 any entity that the Secretary of State has reason to 

12 believe is owned or controlled by, or an affiliate of, 

13 the PLA. 

14 (f) PHILIPPINES.—Of the funds appropriated by this 

15 Act under the heading ‘‘Foreign Military Financing Pro16 gram’’, not to exceed $30,000,000 may be made available 

17 for assistance for the Philippines, of which $2,000,000 

18 may not be obligated until the Secretary of State reports 

19 in writing to the Committees on Appropriations that— 

20 (1) the Government of the Philippines is taking 

21 effective steps to implement the recommendations of 

22 the United Nations Special Rapporteur on 

23 extrajudicial, summary or arbitrary executions, to 

24 include prosecutions and convictions for extrajudicial 

25 executions; sustaining the decline in the number of 


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1 extrajudicial executions; addressing allegations of a 

2 death squad in Davao City; and strengthening gov3 ernment institutions working to eliminate 

4 extrajudicial executions; 

5 (2) the Government of the Philippines is imple6 menting a policy of promoting military personnel 

7 who demonstrate professionalism and respect for 

8 internationally recognized human rights, and is in9 vestigating and prosecuting military personnel and 

10 others who have been credibly alleged to have vio11 lated such rights; and 

12 (3) the Philippine Armed Forces do not have a 

13 policy of, and are not engaging in, acts of intimida14 tion or violence against members of legal organiza15 tions who advocate for human rights. 

16 (g) VIETNAM.—Notwithstanding any other provision 

17 of law, funds appropriated under the heading ‘‘Develop18 ment Assistance’’ in this Act may be made available for 

19 programs and activities in the central highlands of Viet20 nam, and shall be made available for environmental reme21 diation and related health activities in Vietnam. 

22 SERBIA

23 SEC. 7071. (a) Funds appropriated by this Act may 

24 be made available for assistance for the central Govern25 ment of Serbia after May 31, 2010, if the President has 


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1 made the determination and certification contained in sub2 section (c). 

3 (b) After May 31, 2010, the Secretary of the Treas4 ury should instruct the United States executive directors 

5 to the international financial institutions to support loans 

6 and assistance to the Government of Serbia subject to the 

7 conditions in subsection (c). 

8 (c) The determination and certification referred to in 

9 subsection (a) is a determination and a certification by 

10 the President to the Committees on Appropriations that 

11 the Government of Serbia is— 

12 (1) cooperating with the International Criminal 

13 Tribunal for the former Yugoslavia including access 

14 for investigators, the provision of documents, timely 

15 information on the location, movement, and sources 

16 of financial support of indictees, and the surrender 

17 and transfer of indictees or assistance in their ap18 prehension, including Ratko Mladic; 

19 (2) taking steps that are consistent with the 

20 Dayton Accords to end Serbian financial, political, 

21 security and other support which has served to 

22 maintain separate Republika Srpska institutions; 

23 and 


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1 (3) taking steps to implement policies which re2 flect a respect for minority rights and the rule of 

3 law. 

4 (d) This section shall not apply to humanitarian as5 sistance or assistance to promote democracy. 

6 INDEPENDENT STATES OF THE FORMER SOVIET UNION

7 SEC. 7072. (a) None of the funds appropriated under 

8 the heading ‘‘Assistance for Europe, Eurasia and Central 

9 Asia’’ shall be made available for assistance for a govern10 ment of an Independent State of the former Soviet Union 

11 if that government directs any action in violation of the 

12 territorial integrity or national sovereignty of any other 

13 Independent State of the former Soviet Union, such as 

14 those violations included in the Helsinki Final Act: Pro15 vided, That such funds may be made available without re16 gard to the restriction in this subsection if the President 

17 determines that to do so is in the national security interest 

18 of the United States. 

19 (b) Funds appropriated under the heading ‘‘Assist20 ance for Europe, Eurasia and Central Asia’’ for the Rus21 sian Federation, Armenia, Kazakhstan, and Uzbekistan 

22 shall be subject to the regular notification procedures of 

23 the Committees on Appropriations. 

24 (c)(1) Of the funds appropriated under the heading 

25 ‘‘Assistance for Europe, Eurasia and Central Asia’’ that 


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1 are allocated for assistance for the Government of the 

2 Russian Federation, 60 percent shall be withheld from ob3 ligation until the President determines and certifies in 

4 writing to the Committees on Appropriations that the Gov5 ernment of the Russian Federation— 

6 (A) has terminated implementation of arrange7 ments to provide Iran with technical expertise, train8 ing, technology, or equipment necessary to develop a 

9 nuclear reactor, related nuclear research facilities or 

10 programs, or ballistic missile capability; and 

11 (B) is providing full access to international non12 governmental organizations providing humanitarian 

13 relief to refugees and internally displaced persons in 

14 Chechnya. 

15 (2) Paragraph (1) shall not apply to— 

16 (A) assistance to combat infectious diseases, 

17 child survival activities, or assistance for victims of 

18 trafficking in persons; and 

19 (B) activities authorized under title V (Non20 proliferation and Disarmament Programs and Ac21 tivities) of the FREEDOM Support Act. 

22 (d) Section 907 of the FREEDOM Support Act shall 

23 not apply to— 

24 (1) activities to support democracy or assist25 ance under title V of the FREEDOM Support Act 


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1 and section 1424 of Public Law 104–201 or non2 proliferation assistance; 

3 (2) any assistance provided by the Trade and 

4 Development Agency under section 661 of the For5 eign Assistance Act of 1961 (22 U.S.C. 2421); 

6 (3) any activity carried out by a member of the 

7 United States and Foreign Commercial Service while 

8 acting within his or her official capacity; 

9 (4) any insurance, reinsurance, guarantee or 

10 other assistance provided by the Overseas Private 

11 Investment Corporation under title IV of chapter 2 

12 of part I of the Foreign Assistance Act of 1961 (22 

13 U.S.C. 2191 et seq.); 

14 (5) any financing provided under the Export15 Import Bank Act of 1945; or 

16 (6) humanitarian assistance. 

17 REPRESSION IN THE RUSSIAN FEDERATION

18 SEC. 7073. (a) None of the funds appropriated under 

19 the heading ‘‘Assistance for Europe, Eurasia and Central 

20 Asia’’ in this Act may be made available for the Govern21 ment of the Russian Federation, after 180 days from the 

22 date of the enactment of this Act, unless the President 

23 determines and certifies in writing to the Committees on 

24 Appropriations that the Government of the Russian Fed25 eration: 


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1 (1) has implemented no statute, Executive 

2 order, regulation or similar government action that 

3 would discriminate, or which has as its principal ef4 fect discrimination, against religious groups or reli5 gious communities in the Russian Federation in vio6 lation of accepted international agreements on 

7 human rights and religious freedoms to which the 

8 Russian Federation is a party; and 

9 (2) is— 

10 (A) honoring its international obligations 

11 regarding freedom of expression, assembly, and 

12 press, as well as due process; 

13 (B) is investigating and prosecuting law 

14 enforcement personnel credibly alleged to have 

15 committed human rights abuses against polit16 ical leaders, activists and journalists; and 

17 (C) is immediately releasing political lead18 ers, activists and journalists who remain in de19 tention. 

20 UZBEKISTAN

21 SEC. 7074. (a) Funds appropriated by this Act may 

22 be made available for assistance for the central Govern23 ment of Uzbekistan only if the Secretary of State deter24 mines and reports to the Committees on Appropriations 


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1 that the Government of Uzbekistan is making substantial 

2 and continuing progress— 

3 (1) in meeting its commitments under the 

4 ‘‘Declaration on the Strategic Partnership and Co5 operation Framework Between the Republic of 

6 Uzbekistan and the United States of America’’, in7 cluding respect for internationally recognized human 

8 rights, establishing a genuine multi-party system, 

9 and ensuring free and fair elections, freedom of ex10 pression, and the independence of the media; and 

11 (2) in investigating and prosecuting the individ12 uals responsible for the deliberate killings of civilians 

13 in Andijan in May 2005. 

14 (b) If the Secretary of State has credible evidence 

15 that any current or former official of the Government of 

16 Uzbekistan was responsible for the deliberate killings of 

17 civilians in Andijan in May 2005, or for other violations 

18 of internationally recognized human rights in Uzbekistan, 

19 not later than 6 months after enactment of this Act any 

20 person identified by the Secretary pursuant to this sub21 section shall be ineligible for admission to the United 

22 States. 

23 (c) The restriction in subsection (b) shall cease to 

24 apply if the Secretary determines and reports to the Com25 mittees on Appropriations that the Government of 


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1 Uzbekistan has taken concrete and measurable steps to 

2 improve respect for internationally recognized human 

3 rights, including allowing peaceful political and religious 

4 expression, releasing imprisoned human rights defenders, 

5 and implementing recommendations made by the United 

6 Nations on torture. 

7 (d) The Secretary may waive the application of sub8 section (b) if the Secretary determines that admission to 

9 the United States is necessary to attend the United Na10 tions or to further United States law enforcement objec11 tives. 

12 (e) For the purpose of this section ‘‘assistance’’ shall 

13 include excess defense articles. 

14 AFGHANISTAN

15 SEC. 7075. (a) IN GENERAL.—Funds appropriated 

16 under the heading ‘‘Economic Support Fund’’ that are 

17 available for assistance for Afghanistan shall be made 

18 available, to the maximum extent practicable, in a manner 

19 that utilizes Afghan entities and emphasizes the participa20 tion of Afghan women and directly improves the security, 

21 economic and social well-being, and political status, of Af22 ghan women and girls. 

23 (b) ASSISTANCE FOR WOMEN AND GIRLS.— 

24 (1) Funds appropriated in title III of this Act 

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1 tions 7061 and 7062 of this Act and shall be made 

2 available to support programs that increase partici3 pation by women in the political process, including 

4 at the national, provincial, and sub-provincial levels, 

5 and in efforts to improve security in Afghanistan. 

6 (2) Of the funds appropriated under the head7 ings ‘‘Economic Support Fund’’ and ‘‘International 

8 Narcotics Control and Law Enforcement’’, not less 

9 than $175,000,000 shall be made available to sup10 port programs that directly address the needs of Af11 ghan women and girls, including for the Afghan 

12 Independent Human Rights Commission, the Afghan 

13 Ministry of Women’s Affairs, and for women-led 

14 nongovernmental organizations. 

15 (c) NATIONAL SOLIDARITY PROGRAM.—Of the funds 

16 appropriated under the heading ‘‘Economic Support 

17 Fund’’ that are available for assistance for Afghanistan, 

18 not less than $175,000,000 shall be made available for 

19 the National Solidarity Program. 

20 (d) ANTICORRUPTION.—Ten percent of the funds ap21 propriated under the heading ‘‘International Narcotics 

22 Control and Law Enforcement’’ that are available for as23 sistance for the Government of Afghanistan shall be with24 held from obligation until the Secretary of State reports 

25 to the Committees on Appropriations that the Government 


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1 of Afghanistan is implementing a policy to promptly re2 move from office any government official who is credibly 

3 alleged to have engaged in narcotics trafficking, gross vio4 lations of internationally recognized human rights, or 

5 other major crimes. 

6 (e) BASE RIGHTS.—None of the funds made available 

7 by this Act may be used by the United States Government 

8 to enter into a permanent basing rights agreement be9 tween the United States and Afghanistan. 

10 ENTERPRISE FUNDS

11 SEC. 7076. (a) Prior to the distribution of any assets 

12 resulting from any liquidation, dissolution, or winding up 

13 of an Enterprise Fund, in whole or in part, the President 

14 shall submit to the Committees on Appropriations, in ac15 cordance with the regular notification procedures of the 

16 Committees on Appropriations, a plan for the distribution 

17 of the assets of the Enterprise Fund. 

18 (b) Funds made available under titles III through VI 

19 of this Act for Enterprise Funds shall be expended at the 

20 minimum rate necessary to make timely payment for 

21 projects and activities and shall be subject to the regular 

22 notification procedures of the Committees on Appropria23 tions. 


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1 UNITED NATIONS POPULATION FUND

2 SEC. 7077. (a) CONTRIBUTION.—Of the funds made 

3 available under the heading ‘‘International Organizations 

4 and Programs’’ in this Act for fiscal year 2010, 

5 $60,000,000 shall be made available for the United Na6 tions Population Fund (UNFPA). 

7 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

8 by this Act for UNFPA, that are not made available for 

9 UNFPA because of the operation of any provision of law, 

10 shall be transferred to the ‘‘Global Health and Child Sur11 vival’’ account and shall be made available for family plan12 ning, maternal, and reproductive health activities, subject 

13 to the regular notification procedures of the Committees 

14 on Appropriations. 

15 (c) PROHIBITION ON USE OF FUNDS IN CHINA.— 

16 None of the funds made available by this Act may be used 

17 by UNFPA for a country program in the People’s Repub18 lic of China. 

19 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— 

20 Funds made available by this Act for UNFPA may not 

21 be made available to UNFPA unless— 

22 (1) UNFPA maintains funds made available to 

23 UNFPA under this section in an account separate 

24 from other accounts of UNFPA; 


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1 (2) UNFPA does not commingle amounts made 

2 available to UNFPA under this section with other 

3 sums; and 

4 (3) UNFPA does not fund abortions. 

5 (e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL6 LAR WITHHOLDING OF FUNDS.— 

7 (1) Not later than 4 months after the date of 

8 enactment of this Act, the Secretary of State shall 

9 submit a report to the Committees on Appropria10 tions indicating the amount of funds that the 

11 UNFPA is budgeting for the year in which the re12 port is submitted for a country program in the Peo13 ple’s Republic of China. 

14 (2) If a report under paragraph (1) indicates 

15 that the UNFPA plans to spend funds for a country 

16 program in the People’s Republic of China in the 

17 year covered by the report, then the amount of such 

18 funds the UNFPA plans to spend in the People’s 

19 Republic of China shall be deducted from the funds 

20 made available to the UNFPA after March 1 for ob21 ligation for the remainder of the fiscal year in which 

22 the report is submitted. 

23 PROHIBITION ON PUBLICITY OR PROPAGANDA

24 SEC. 7078. No part of any appropriation contained 

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1 poses within the United States not authorized before the 

2 date of the enactment of this Act by the Congress: Pro3 vided, That not to exceed $25,000 may be made available 

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

5 96–533. 

6 OPIC

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 7079. Whenever the President determines that 

9 it is in furtherance of the purposes of the Foreign Assist10 ance Act of 1961, up to a total of $20,000,000 of the 

11 funds appropriated under title III of this Act may be 

12 transferred to, and merged with, funds appropriated by 

13 this Act for the Overseas Private Investment Corporation 

14 Program Account, to be subject to the terms and condi15 tions of that account: Provided, That such funds shall not 

16 be available for administrative expenses of the Overseas 

17 Private Investment Corporation: Provided further, That 

18 designated funding levels in this Act shall not be trans19 ferred pursuant to this section: Provided further, That the 

20 exercise of such authority shall be subject to the regular 

21 notification procedures of the Committees on Appropria22 tions. 

23 EXTRADITION

24 SEC. 7080. (a) None of the funds appropriated in this 

25 Act may be used to provide assistance (other than funds 


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1 provided under the headings ‘‘International Narcotics 

2 Control and Law Enforcement’’, ‘‘Migration and Refugee 

3 Assistance’’, ‘‘Emergency Migration and Refugee Assist4 ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

5 and Related Assistance’’) for the central government of 

6 a country which has notified the Department of State of 

7 its refusal to extradite to the United States any individual 

8 indicted for a criminal offense for which the maximum 

9 penalty is life imprisonment without the possibility of pa10 role or for killing a law enforcement officer, as specified 

11 in a United States extradition request. 

12 (b) Subsection (a) shall only apply to the central gov13 ernment of a country with which the United States main14 tains diplomatic relations and with which the United 

15 States has an extradition treaty and the government of 

16 that country is in violation of the terms and conditions 

17 of the treaty. 

18 (c) The Secretary of State may waive the restriction 

19 in subsection (a) on a case-by-case basis if the Secretary 

20 certifies to the Committees on Appropriations that such 

21 waiver is important to the national interests of the United 

22 States. 

23 ENERGY AND ENVIRONMENT

24 SEC. 7081. (a) CLEAN ENERGY.—Of the funds ap25 propriated by title III of this Act, not less than 


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1 $180,000,000 shall be made available to the United States 

2 Agency for International Development (USAID), in addi3 tion to funds otherwise made available for such purposes, 

4 for programs and activities that reduce global warming by 

5 promoting the sustainable use of renewable energy tech6 nologies and energy efficient end-use technologies, carbon 

7 sequestration, and carbon accounting: Provided, That of 

8 the amount made available to USAID for clean energy 

9 programs, $10,000,000 shall be made available for the 

10 ‘‘Solar Energy Microfinance Initiative’’. 

11 (b) CLIMATE CHANGE ADAPTATION.—Funds appro12 priated by this Act may be made available for a United 

13 States contribution to the Least Developed Countries 

14 Fund and to the Special Climate Change Fund to support 

15 grants for climate change adaptation programs and activi16 ties, if the Global Environment Facility makes publicly 

17 available on its website an annual report detailing the cri18 teria used to determine which programs and activities re19 ceive funds, the manner in which such programs and ac20 tivities meet such criteria, the extent of local involvement 

21 in such programs and activities, the amount of funds pro22 vided, and the results achieved. 

23 (c) BIODIVERSITY.—Of the funds appropriated by 

24 title III of this Act, not less than $200,000,000 shall be 

25 made available for programs and activities which directly 


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1 protect biodiversity, including tropical forests and wildlife, 

2 in developing countries, of which not less than 

3 $25,000,000 shall be made available for USAID’s con4 servation programs in the Amazon Basin: Provided, That 

5 of the funds made available under this paragraph, not less 

6 than $17,500,000 shall be made available for the Congo 

7 Basin Forest Partnership: Provided further, That funds 

8 appropriated by this Act to carry out the provisions of sec9 tions 103 through 106, and chapter 4 of part II, of the 

10 Foreign Assistance Act of 1961 may be used, notwith11 standing any other provision of law, for the purpose of 

12 supporting tropical forestry and biodiversity conservation 

13 activities and energy programs aimed at reducing green14 house gas emissions: Provided further, That funds appro15 priated under the heading ‘‘Development Assistance’’ may 

16 be made available as a contribution to the Galapagos 

17 Invasive Species Fund. 

18 (d) EXTRACTION OF NATURAL RESOURCES.— 

19 (1) The Secretary of the Treasury shall inform 

20 the managements of the international financial insti21 tutions and the public that it is the policy of the 

22 United States to oppose any assistance by such in23 stitutions (including but not limited to any loan, 

24 credit, grant, or guarantee) for the extraction and 

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1 source unless the government of the country has in 

2 place functioning systems for: 

3 (A) accurately accounting for payments for 

4 companies involved in the extraction and export 

5 of natural resources; 

6 (B) the independent auditing of accounts 

7 receiving such payments and the widespread 

8 public dissemination of the findings of such au9 dits; and 

10 (C) verifying government receipts against 

11 company payments including widespread dis12 semination of such payment information, and 

13 disclosing such documents as Host Government 

14 Agreements, Concession Agreements, and bid15 ding documents, allowing in any such dissemi16 nation or disclosure for the redaction of, or ex17 ceptions for, information that is commercially 

18 proprietary or that would create competitive 

19 disadvantage. 

20 (2) Not later than 180 days after the enact21 ment of this Act, the Secretary of the Treasury shall 

22 submit a report to the Committees on Appropria23 tions describing, for each international financial in24 stitution, the amount and type of assistance pro25 vided, by country, for the extraction and export of 


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1 oil, gas, coal, timber, or other natural resources in 

2 the preceding 12 months, and whether each institu3 tion considered, in its proposal for such assistance, 

4 the extent to which the country has functioning sys5 tems described in paragraph (1). 

6 PROHIBITION ON PROMOTION OF TOBACCO

7 SEC. 7082. None of the funds provided by this Act 

8 shall be available to promote the sale or export of tobacco 

9 or tobacco products, or to seek the reduction or removal 

10 by any foreign country of restrictions on the marketing 

11 of tobacco or tobacco products, except for restrictions 

12 which are not applied equally to all tobacco or tobacco 

13 products of the same type. 

14 COMMERCIAL LEASING OF DEFENSE ARTICLES

15 SEC. 7083. Notwithstanding any other provision of 

16 law, and subject to the regular notification procedures of 

17 the Committees on Appropriations, the authority of sec18 tion 23(a) of the Arms Export Control Act may be used 

19 to provide financing to Israel, Egypt and NATO and 

20 major non-NATO allies for the procurement by leasing 

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

22 articles from United States commercial suppliers, not in23 cluding Major Defense Equipment (other than helicopters 

24 and other types of aircraft having possible civilian applica25 tion), if the President determines that there are compelVerDate Nov 24 2008 23:12 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00189 Fmt 6652 Sfmt 6201 E:\BILLS\H3081.PCS H3081

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1 ling foreign policy or national security reasons for those 

2 defense articles being provided by commercial lease rather 

3 than by government-to-government sale under such Act. 

4 TRANSPARENCY AND ACCOUNTABILITY

5 SEC. 7084. (a) UNITED NATIONS.—Funds made 

6 available by this Act shall be made available to continue 

7 reform efforts at the United Nations: Provided, That not 

8 later than September 30, 2010, the Secretary of State 

9 shall submit a report to the Committees on Appropriations 

10 detailing actions taken by United Nations organizations 

11 under the headings ‘‘Contributions to International Orga12 nizations’’ and ‘‘International Organizations and Pro13 grams’’ to continue reform of United Nations financial 

14 management systems and program oversight. 

15 (b) NATIONAL BUDGET TRANSPARENCY.— 

16 (1) None of the funds appropriated by this Act 

17 may be made available for assistance for the central 

18 government of any country that fails to make pub19 licly available on an annual basis its national budget, 

20 to include income and expenditures. 

21 (2) The Secretary of State may waive the re22 quirements of paragraph (1) on a country-by-coun23 try basis if the Secretary reports to the Committees 

24 on Appropriations that to do so is important to the 

25 national interest of the United States. 


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1 SRI LANKA

2 SEC. 7085. (a) IN GENERAL.—Funds appropriated 

3 in title III of this Act that are available for assistance 

4 for Sri Lanka shall be made available to fund programs 

5 that promote reconciliation between the ethnic Sinhalese 

6 and Tamil communities, support post-conflict reconstruc7 tion, and establish a meaningful and inclusive role for 

8 Tamil and other minorities in national, political, and eco9 nomic life. 

10 (b) SECURITY ASSISTANCE.—Funds made available 

11 in title IV of this Act that are available for assistance for 

12 Sri Lanka should encourage programs that include the re13 cruitment and training of Tamils into the Sri Lankan Se14 curity Forces, Tamil language training for Sinhalese 

15 forces, and human rights training for all security forces. 

16 (c) DEMINING.—In addition to subsection (a), up to 

17 $1,000,000 of the funds appropriated under the heading 

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

19 Programs’’ shall be provided for demining of conflict af20 fected areas. 

21 (d) REPORTING REQUIREMENT.—Not later than 60 

22 days after enactment of this Act, the Secretary of State 

23 shall report to the Committee on Appropriations on the 

24 extent to which the Government of Sri Lanka’s is: 


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1 (1) providing unrestricted humanitarian access 

2 to the displaced within camps; 

3 (2) providing protection for internally displaced 

4 persons (IDPs) and humanitarian workers, including 

5 the International Committee of the Red Cross at all 

6 sites where the military and police conduct security 

7 screening; 

8 (3) permitting freedom of movement for IDPs 

9 once they have completed security screening, includ10 ing allowing the displaced to return home or move 

11 to other safe locations; 

12 (4) allowing civilian authorities to run without 

13 interference camps and hospitals that house the dis14 placed; and 

15 (5) allowing for the safe and timely return of 

16 IDPs to their homes. 

17 UNRWA ACCOUNTABILITY

18 SEC. 7086. The Secretary of State shall prepare and 

19 submit to the Committees on Appropriations not later 

20 than 45 days after the date of enactment of this Act a 

21 report on whether UNRWA is: 

22 (1) continuing to utilize Operations Support Of23 ficers in the West Bank and Gaza to inspect 

24 UNRWA installations and report any inappropriate 

25 use; 


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1 (2) dealing promptly with any staff or bene2 ficiary violations of its own policies (including the 

3 policies on neutrality and impartiality of employees) 

4 and the legal requirements under section 301(c) of 

5 the Foreign Assistance Act of 1961; 

6 (3) taking necessary and appropriate measures 

7 to ensure it is operating in compliance with the con8 ditions of section 301(c) of the Foreign Assistance 

9 Act of 1961; 

10 (4) continuing regular reporting to the Depart11 ment of State on actions it has taken to ensure con12 formance with the conditions of section 301(c) of the 

13 Foreign Assistance Act of 1961; 

14 (5) taking steps to improve the transparency of 

15 all educational materials currently in use in 

16 UNRWA-administered schools; 

17 (6) continuing to use curriculum materials in 

18 UNRWA-supported schools and summer camps de19 signed to promote tolerance, non-violent conflict res20 olution and human rights; 

21 (7) not engaging in operations with financial in22 stitutions or related entities in violation of relevant 

23 United States law and is enhancing its transparency 

24 and financial due diligence and working to diversify 

25 its banking operations in the region; and 


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1 (8) in compliance with the United Nations 

2 Board of Auditors’ biennial audit requirements and 

3 is implementing in a timely fashion the Board’s rec4 ommendations. 

5 LIMITATION ON FUNDS RELATING TO TRANSFER OR RE6 LEASE OF INDIVIDUALS DETAINED AT NAVAL STA7 TION, GUANTANAMO BAY, CUBA

8 SEC. 7087. None of the funds made available in this 

9 Act, or any other Act, may be obligated for any country, 

10 including a state with a compact of free association with 

11 the United States, that concludes an agreement with the 

12 United States to receive by transfer or release individuals 

13 detained at Naval Station, Guantanamo Bay, Cuba, un14 less, not later than 5 days after the conclusion of the 

15 agreement but prior to implementation of the agreement, 

16 the Secretary of State notifies the Committees on Appro17 priations in writing of the terms of the agreement. 

18 IMF PROVISIONS

19 SEC. 7088. (a) OPPOSITION TO IMF PROVIDING

20 HARD CURRENCY FOR SDRS RECEIVED BY TERRORIST

21 COUNTRIES.—The Secretary of the Treasury shall in22 struct the United States Executive Director at the Inter23 national Monetary Fund to use the voice, vote, and influ24 ence of the United States to oppose the provision by the 

25 Fund of United States dollars, euros, or Japanese yen to 


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1 any country the government of which the Secretary of 

2 State has determined, for purposes of section 6(j) of the 

3 Export Administration Act of 1979, section 620A of the 

4 Foreign Assistance Act of 1961, or section 40 of the Arms 

5 Export Control Act, to be a government that has repeat6 edly provided support for acts of international terrorism, 

7 in exchange for any Special Drawing Rights received by 

8 the country pursuant to the amendments to the Articles 

9 of Agreement of the Fund as described in section 64 of 

10 the Bretton Woods Agreements Act. 

11 (b) SUNSET ON AUTHORITY TO MAKE LOANS TO

12 FUND THE NEW ARRANGEMENTS TO BORROW.—Section 

13 17(a)(2) of the Bretton Woods Agreements Act (22 U.S.C. 

14 286e–2(a)(2)) is amended by inserting ‘‘: Provided further, 

15 That the authority to make loans under this section shall 

16 expire on the date that is 5 years after the date of the 

17 enactment of this proviso’’ before the period. 

18 (c) LIMITATION ON PERCENTAGE OF NEW ARRANGE19 MENTS TO BORROW TO BE FUNDED BY THE UNITED

20 STATES.—At any time during fiscal years 2009 through 

21 2014, no United States contribution to the New Arrange22 ments to Borrow may cause the total amount of United 

23 States Government contributions to the New Arrange24 ments to Borrow to exceed 20 percent of the total amount 


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1 of funds contributed to the New Arrangements to Borrow 

2 from all sources. 

3 (d) REPORTING REQUIREMENTS.—Not later than 

4 December 15, 2009, and semiannually thereafter, the Sec5 retary of the Treasury, in consultation with other appro6 priate Federal agencies, shall submit to the Committees 

7 on Appropriations a report on the loans made and pro8 grams carried out using financing provided by or through 

9 the New Arrangements to Borrow. Each such report shall 

10 include the following: 

11 (1) A description of the economies of countries 

12 requiring the assistance from the New Arrangements 

13 to Borrow, including the monetary, fiscal, and ex14 change rate policies of the countries. 

15 (2) A description of the degree to which the 

16 countries requiring the assistance have fully imple17 mented domestic reforms including— 

18 (A) the enactment and implementation of 

19 appropriate financial reform legislation; 

20 (B) strengthening the domestic financial 

21 system and improving transparency and super22 vision; 

23 (C) opening domestic capital markets; and 

24 (D) making nontransparent conglomerate 

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1 tion of internationally accepted accounting 

2 practices, independent external audits, full dis3 closure, and provision of consolidated state4 ments. 

5 (3) A detailed description of the trade policies 

6 of the countries, including any unfair trade practices 

7 or adverse effects of the trade policies on the United 

8 States. 

9 (4) The amount, rate of interest, and disburse10 ment and repayment schedules of any funds dis11 bursed by the International Monetary Fund pursu12 ant to the New Arrangements to Borrow. 

13 INTELLECTUAL PROPERTY RIGHTS PROTECTIONS

14 SEC. 7089. Prior to the obligation of the funds made 

15 available in this Act for ‘‘Contribution to the Clean Tech16 nology Fund’’ or ‘‘Strategic Climate Fund’’ of the World 

17 Bank, the Secretary of State shall certify in writing to 

18 the Committees on Appropriations that all actions taken 

19 during the negotiations of the United Nations Framework 

20 Convention on Climate Change ensure robust compliance 

21 with and enforcement of existing international legal re22 quirements as of the date of the enactment of this Act 

23 that respect intellectual property rights and effective intel24 lectual property rights protection and enforcement for en25 ergy and environment technology, including wind, solar, 


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1 biomass, geothermal, hydro, landfill gas, natural gas, ma2 rine, trash combustion, fuel cell, hydrogen, microturbine, 

3 nuclear, clean coal, electric battery, alternative fuel, alter4 native refueling infrastructure, advanced vehicle, electric 

5 grid, or energy efficiency-related technologies. 

6 LIMITATION ON ASSISTANCE TO SRI LANKA

7 SEC. 7090. None of the funds made available in this 

8 Act under the heading ‘‘Foreign Military Financing Pro9 gram’’ may be available for assistance for the Government 

10 of Sri Lanka. 

11 PROHIBITION ON CERTAIN FIRST-CLASS TRAVEL

12 SEC. 7091. None of the funds made available in this 

13 Act may be used for first-class travel by employees of 

14 agencies funded by this Act in contravention of sections 

15 301–10.122 through 301–10.124 of title 41, Code of Fed16 eral Regulations. 

17 LIMITATION ON USE OF FUNDS TO NEGOTIATE

18 AGREEMENT IN CONTRAVENTION OF CERTAIN LAWS

19 SEC. 7092. None of the funds made available in this 

20 Act may be used by the Secretary of the Treasury to nego21 tiate an agreement in contravention of section 1626 or 

22 1627 of the International Financial Institutions Act, sec23 tion 1112 or 1403 of the Supplemental Appropriations 

24 Act, 2009 (Public Law 111–32), or the provision added 

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1 tutions Act by section 1404 of the Supplemental Appro2 priations Act, 2009 (Public Law 111–32). 

3 This Act may be cited as the ‘‘Department of State, 

4 Foreign Operations, and Related Programs Appropria5 tions Act, 2010’’. 

Passed the House of Representatives July 9, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 107 

111TH CONGRESS 

1ST SESSION H. R. 3081 

AN ACT 

Making appropriations for the Department of 

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

JULY 13, 2009 

Received; read twice and placed on the calendar 


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