H. R. 1105—377 
provided: Provided, That if required, information may be submitted 
in classified form. 
REQUESTS FOR DOCUMENTS 
SEC. 7067. None of the funds appropriated or made available 
pursuant to titles III through VI of this Act shall be available 
to a nongovernmental organization, including any contractor, which 
fails to provide upon timely request any document, file, or record 
necessary to the auditing requirements of the United States Agency 
for International Development. 
SENIOR POLICY OPERATING GROUP 
SEC. 7068. (a) The Senior Policy Operating Group on Trafficking 
in Persons, established under section 105(f) of the Victims of Traf-
ficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) 
to coordinate agency activities regarding policies (including grants 
and grant policies) involving the international trafficking in persons, 
shall coordinate all such policies related to the activities of traf-
fickers and victims of severe forms of trafficking. 
(b) None of the funds provided under title I of this or any 
other Act making appropriations for the Department of State, for-
eign operations, and related programs shall be expended to perform 
functions that duplicate coordinating responsibilities of the Oper-
ating Group. 
(c) The Operating Group shall continue to report only to the 
authorities that appointed them pursuant to section 105(f). 
PROHIBITION ON USE OF TORTURE 
SEC. 7069. None of the funds made available in this Act shall 
be used in any way whatsoever to support or justify the use of 
torture, cruel or inhumane treatment by any official or contract 
employee of the United States Government. 
AFRICA 
SEC. 7070. (a) EXPANDED INTERNATIONAL MILITARY EDUCATION 
AND TRAINING.— 
(1) Funds appropriated under the heading ‘‘International 
Military Education and Training’’ in this Act that are made 
available for assistance for Angola, Cameroon, Central African 
Republic, Chad, Cote D’Ivoire, and Guinea may be made avail-
able only for expanded international military education and 
training. 
(2) None of the funds appropriated under the heading 
‘‘International Military Education and Training’’ in this Act 
may be made available for assistance for Equatorial Guinea. 
(b)(1) SUDAN LIMITATION ON ASSISTANCE.—Subject to subsection 
(2): 
(A) Notwithstanding any other provision of law, none of 
the funds appropriated by this Act may be made available 
for assistance for the Government of Sudan. 
(B) None of the funds appropriated by this Act may be 
made available for the cost, as defined in section 502, of the 
Congressional Budget Act of 1974, of modifying loans and loan 
guarantees held by the Government of Sudan, including the
H. R. 1105—378 
cost of selling, reducing, or canceling amounts owed to the 
United States, and modifying concessional loans, guarantees, 
and credit agreements. 
(2) Subsection (b)(1) shall not apply if the Secretary of State 
determines and certifies to the Committees on Appropriations that: 
(A) The Government of Sudan honors its pledges to cease 
attacks upon civilians and disarms and demobilizes the 
Janjaweed and other government-supported militias. 
(B) The Government of Sudan and all government-sup-
ported militia groups are honoring their commitments made 
in all previous cease-fire agreements. 
(C) The Government of Sudan is allowing unimpeded access 
to Darfur to humanitarian aid organizations, the human rights 
investigation and humanitarian teams of the United Nations, 
including protection officers, and an international monitoring 
team that is based in Darfur and has the support of the 
United States. 
(3) EXCEPTIONS.—The provisions of subsection (b)(1) shall not 
apply to— 
(A) humanitarian assistance; 
(B) assistance for the Darfur region, Southern Sudan, 
Southern Kordofan/Nuba Mountains State, Blue Nile State, 
and Abyei; and 
(C) assistance to support implementation of the Com-
prehensive Peace Agreement and the Darfur Peace Agreement 
or any other internationally-recognized viable peace agreement 
in Sudan. 
(4) DEFINITIONS.—For the purposes of this Act, the term 
‘‘Government of Sudan’’ shall not include the Government of 
Southern Sudan. 
(5) Notwithstanding any other law, assistance in this Act may 
be made available to the Government of Southern Sudan to provide 
non-lethal military assistance, military education and training, and 
defense services controlled under the International Traffic in Arms 
Regulations (22 CRF 120.1 et seq.) if the Secretary of State— 
(A) determines that the provision of such items is in the 
national interest of the United States; and 
(B) not later than 15 days before the provision of any 
such assistance, notifies the Committees on Appropriations of 
such determination. 
(c) HORN OF AFRICA AND PAN SAHEL PROGRAM.—Funds appro-
priated under the heading ‘‘Economic Support Fund’’ in this Act 
that are made available for programs and activities to counter 
extremism in the Horn of Africa and the Pan Sahel region of 
Africa, shall be administered by the United States Agency for 
International Development, and are in addition to funds otherwise 
made available for such purposes. 
(d) WAR CRIMES IN AFRICA.— 
(1) The Congress reaffirms its support for the efforts of 
the International Criminal Tribunal for Rwanda (ICTR) and 
the Special Court for Sierra Leone (SCSL) to bring to justice 
individuals responsible for war crimes and crimes against 
humanity in a timely manner. 
(2) Funds appropriated by this Act, including funds for 
debt restructuring, may be made available for assistance for 
the central government of a country in which individuals 
indicted by ICTR and SCSL are credibly alleged to be living,
H. R. 1105—379 
if the Secretary of State determines and reports to the Commit-
tees on Appropriations that such government is cooperating 
with ICTR and SCSL, including the surrender and transfer 
of indictees in a timely manner: Provided, That this subsection 
shall not apply to assistance provided under section 551 of 
the Foreign Assistance Act of 1961 or to project assistance 
under title VI of this Act: Provided further, That the United 
States shall use its voice and vote in the United Nations Secu-
rity Council to fully support efforts by ICTR and SCSL to 
bring to justice individuals indicted by such tribunals in a 
timely manner. 
(3) The prohibition in subsection (2) may be waived on 
a country-by-country basis if the President determines that 
doing so is in the national security interest of the United 
States: Provided, That prior to exercising such waiver authority, 
the President shall submit a report to the Committees on 
Appropriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the cooperation 
of the government in surrendering the indictee in question 
to the court of jurisdiction; 
(B) a strategy, including a timeline, for bringing the 
indictee before such court; and 
(C) the justification for exercising the waiver authority. 
(e) ZIMBABWE.— 
(1) The Secretary of the Treasury shall instruct the United 
States executive director to each international financial institu-
tion to vote against any extension by the respective institution 
of any loans to the Government of Zimbabwe, except to meet 
basic human needs or to promote democracy, unless the Sec-
retary of State determines and reports in writing to the 
Committees on Appropriations that the rule of law has been 
restored in Zimbabwe, including respect for ownership and 
title to property, freedom of speech and association, and a 
transition government has been established that reflects the 
will of the people as they voted in the March 2008 elections. 
(2) None of the funds appropriated by this Act shall be 
made available for assistance for the central government of 
Zimbabwe unless the Secretary of State makes the determina-
tion pursuant to subsection (e)(1). 
ASIA 
SEC. 7071. (a) TIBET.— 
(1) The Secretary of the Treasury should instruct the 
United States executive director to each international financial 
institution to use the voice and vote of the United States 
to support projects in Tibet if such projects do not provide 
incentives for the migration and settlement of non-Tibetans 
into Tibet or facilitate the transfer of ownership of Tibetan 
land and natural resources to non-Tibetans; are based on a 
thorough needs-assessment; foster self-sufficiency of the 
Tibetan people and respect Tibetan culture and traditions; and 
are subject to effective monitoring. 
(2) Notwithstanding any other provision of law, not less 
than $7,300,000 of the funds appropriated by this Act under 
the heading ‘‘Economic Support Fund’’ should be made available 
to nongovernmental organizations to support activities which
H. R. 1105—380 
preserve cultural traditions and promote sustainable develop-
ment and environmental conservation in Tibetan communities 
in the Tibetan Autonomous Region and in other Tibetan 
communities in China. 
(b) BURMA.— 
(1) The Secretary of the Treasury shall instruct the United 
States executive director to each appropriate international 
financial institution in which the United States participates, 
to oppose and vote against the extension by such institution 
any loan or financial or technical assistance or any other utiliza-
tion of funds of the respective bank to and for Burma. 
(2) Of the funds appropriated by this Act under the heading 
‘‘Economic Support Fund’’, not less than $15,000,000 shall be 
made available to support democracy activities in Burma, along 
the Burma-Thailand border, for activities of Burmese student 
groups and other organizations located outside Burma, and 
for the purpose of supporting the provision of humanitarian 
assistance to displaced Burmese along Burma’s borders: Pro-
vided, That such funds may be made available notwithstanding 
any other provision of law: Provided further, That in addition 
to assistance for Burmese refugees provided under the heading 
‘‘Migration and Refugee Assistance’’ in this Act, not less than 
$4,000,000 shall be made available for community-based 
organizations operating in Thailand to provide food, medical 
and other humanitarian assistance to internally displaced per-
sons in eastern Burma: Provided further, That funds made 
available under this paragraph shall be subject to the regular 
notification procedures of the Committees on Appropriations. 
(c) INDONESIA.— 
(1) Of the funds appropriated by this Act under the heading 
‘‘Foreign 
Military 
Financing 
Program’’, 
not 
to 
exceed 
$15,700,000 shall be made available for assistance for Indo-
nesia, of which $2,000,000 shall be made available only after 
the Secretary of State submits to the Committees on Appropria-
tions the report on Indonesia detailed in the explanatory state-
ment described in section 4 (in the matter preceding division 
A of this consolidated Act) under such heading. 
(2) Of the funds appropriated by this Act under the heading 
‘‘Economic Support Fund’’ that are available for assistance for 
Indonesia, not less than $300,000 should be made available 
for grants for capacity building of Indonesian human rights 
organizations, including in Papua. 
(d) CAMBODIA.—Funds appropriated under the heading ‘‘Eco-
nomic Support Fund’’ in this Act for assistance for Cambodia may 
be used for an endowment, and shall be made available to 
strengthen the capacity of the Government of Cambodia to combat 
human trafficking, notwithstanding any other provision of law. 
(e) NORTH KOREA.— 
(1) Funds made available under the heading ‘‘Migration 
and Refugee Assistance’’ in this Act shall be made available 
for assistance for refugees from North Korea. 
(2) Of the funds made available under the heading ‘‘Inter-
national Broadcasting Operations’’ in title I of this Act, not 
less than $8,000,000 shall be made available for broadcasts 
into North Korea. 
(3) None of the funds made available under the heading 
‘‘Economic Support Fund’’ in fiscal year 2009 may be made
H. R. 1105—381 
available for obligation for energy-related assistance for North 
Korea unless the Secretary of State determines and reports 
to the Committees on Appropriations that North Korea is con-
tinuing to fulfill its commitments under the Six Party Talks 
agreements. 
(f) PEOPLE’S REPUBLIC OF CHINA.— 
(1) Notwithstanding any other provision of law and subject 
to the regular notification procedures of the Committees on 
Appropriations, of the funds appropriated under the heading 
‘‘Development Assistance’’ in this Act, not less than $11,000,000 
shall be made available to United States educational institu-
tions and nongovernmental organizations for programs and 
activities in the People’s Republic of China relating to the 
environment, governance and the rule of law. 
(2) None of the funds appropriated under the heading ‘‘Dip-
lomatic and Consular Programs’’ in this Act may be obligated 
or expended for processing licenses for the export of satellites 
of United States origin (including commercial satellites and 
satellite components) to the People’s Republic of China unless, 
at least 15 days in advance, the Committees on Appropriations 
are notified of such proposed action. 
(3) Not later than 180 days after enactment of this Act, 
the Secretary of State shall submit a report to the Committees 
on Appropriations detailing, to the extent practicable, the 
amount of assistance provided by the People’s Republic of China 
to governments and entities in Latin America and Africa during 
the previous calendar year, and shall make such report publicly 
available in a timely manner on the website of the Department 
of State and the United States Agency for International 
Development in English and Mandarin. 
(4) Of the funds appropriated under the heading ‘‘Diplo-
matic and Consular Programs’’ in this Act, $1,000,000 shall 
be made available to the Bureau of International Information 
Programs to disseminate information, in Mandarin, in the Peo-
ple’s Republic of China: Provided, That such information shall 
include issues of governance, transparency, corruption, rule 
of law, and the environment, and the findings of the report 
required by paragraph (3) of this subsection, and shall be 
disseminated through the Internet, text messaging or other 
means, and directed to economically depressed areas of the 
People’s Republic of China: Provided further, That such funds 
are in addition to funds otherwise made available for such 
purposes: Provided further, That the Department of State shall 
consult with the Committees on Appropriations prior to the 
initial obligation of funds made available by this subsection. 
(5) The terms and requirements of section 620(h) of the 
Foreign Assistance Act of 1961 shall apply to foreign assistance 
projects or activities of the People’s Liberation Army (PLA) 
of the People’s Republic of China, to include such projects 
or activities by any entity that is owned or controlled by, 
or an affiliate of, the PLA: Provided, That none of the funds 
appropriated or otherwise made available pursuant to this Act 
may be used to finance any grant, contract, or cooperative 
agreement with the PLA, or any entity that the Secretary 
of State has reason to believe is owned or controlled by, or 
an affiliate of, the PLA.