164 
Government of Southern Sudan to provide non-lethal 
military assistance, military education and training, 
and defense services controlled under the Inter-
national 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 pro-
vision of any such assistance, notifies the Com-
mittees on Appropriations of such determina-
tion. 
(c) 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 respon-
sible 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 coun-
try in which individuals indicted by ICTR and SCSL 
are credibly alleged to be living, if the Secretary of 
State determines and reports to the Committees on 
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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 Assist-
ance 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 Na-
tions Security Council to fully support efforts by 
ICTR and SCSL to bring to justice individuals in-
dicted by such tribunals in a timely manner. 
(3) The prohibition in subsection (2) may be 
waived on a country-by-country basis if the Presi-
dent determines that doing so is in the national se-
curity interest of the United States: Provided, That 
prior to exercising such waiver authority, the Presi-
dent shall submit a report to the Committees on Ap-
propriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the co-
operation 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. 
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166 
(d) ZIMBABWE.— 
(1) The Secretary of the Treasury shall instruct 
the United States executive director to each inter-
national financial institution to vote against any ex-
tension by the respective institution of any loans to 
the Government of Zimbabwe, except to meet basic 
human needs or to promote democracy, unless the 
Secretary of State determines and reports in writing 
to the Committees on Appropriations that the rule 
of law has been restored in Zimbabwe, including re-
spect for ownership and title to property, freedom of 
speech and association, and a transition government 
has been established that reflects the will of the peo-
ple 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, except with respect to 
funds made available for macroeconomic growth as-
sistance, unless the Secretary of State makes the de-
termination pursuant to subsection (d)(1). 
ASIA 
SEC. 7070. (a) TIBET.— 
(1) The Secretary of the Treasury should in-
struct the United States executive director to each 
international financial institution to use the voice 
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167 
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 Ti-
betan land and natural resources to non-Tibetans; 
are based on a thorough needs-assessment; foster 
self-sufficiency of the Tibetan people and respect Ti-
betan culture and traditions; and are subject to ef-
fective 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 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 appro-
priate 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-
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168 
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’’, up to 
$12,000,000 may be made available for humani-
tarian assistance for individuals and communities 
impacted by Cyclone Nargis and to support democ-
racy activities in Burma, and not less than 
$20,000,000 shall be made available for assistance 
along the Burma-Thailand border, for activities of 
Burmese student groups and other organizations lo-
cated outside Burma, and for the purpose of sup-
porting the provision of humanitarian assistance to 
displaced Burmese along Burma’s borders: Provided, 
That such funds may be made available notwith-
standing any other provision of law: Provided fur-
ther, That in addition to assistance for Burmese ref-
ugees 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 persons in eastern Burma: Pro-
vided further, That funds made available under this 
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169 
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 $20,000,000 shall be made available 
for assistance for Indonesia, of which $2,000,000 
shall be made available only after the Secretary of 
State submits to the Committees on Appropriations 
the report on Indonesia detailed under such heading 
in the report accompanying this Act. 
(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 ca-
pacity building of Indonesian human rights organi-
zations, including in Papua. 
(d) NORTH KOREA.— 
(1) Funds made available under the heading 
‘‘Migration and Refugee Assistance’’ in this Act 
should be made available for assistance for refugees 
from North Korea. 
(2) Of the funds made available under the 
heading ‘‘International Broadcasting Operations’’ in 
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title I of this Act, not less than $7,800,000 shall be 
made available for broadcasts into North Korea. 
(3) None of the funds made available under the 
heading ‘‘Economic Support Fund’’ may be made 
available for assistance for the Government of North 
Korea unless the Secretary of State determines and 
reports to the Committees on Appropriations in writ-
ing that North Korea is fulfilling its commitments 
under the Six Party Talks agreements. 
(e) PEOPLE’S REPUBLIC OF CHINA.— 
(1) None of the funds appropriated under the 
heading ‘‘Diplomatic 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 un-
less, at least 15 days in advance, the Committees on 
Appropriations are notified of such proposed action. 
(2) 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 activi-
ties by any entity that is owned or controlled by, or 
an affiliate of, the PLA: Provided, That none of the 
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171 
funds appropriated or otherwise made available pur-
suant 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. 
(f) PHILIPPINES.—Of the funds appropriated by this 
Act under the heading ‘‘Foreign Military Financing Pro-
gram’’, not to exceed $30,000,000 may be made available 
for assistance for the Philippines, of which $2,000,000 
may not be obligated until the Secretary of State reports 
in writing to the Committees on Appropriations that— 
(1) the Government of the Philippines is taking 
effective steps to implement the recommendations of 
the 
United 
Nations 
Special 
Rapporteur 
on 
extrajudicial, summary or arbitrary executions, to 
include prosecutions and convictions for extrajudicial 
executions; sustaining the decline in the number of 
extrajudicial executions; addressing allegations of a 
death squad in Davao City; and strengthening gov-
ernment 
institutions 
working 
to 
eliminate 
extrajudicial executions; 
(2) the Government of the Philippines is imple-
menting a policy of promoting military personnel 
who demonstrate professionalism and respect for 
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172 
internationally recognized human rights, and is in-
vestigating and prosecuting military personnel and 
others who have been credibly alleged to have vio-
lated such rights; and 
(3) the Philippine Armed Forces do not have a 
policy of, and are not engaging in, acts of intimida-
tion or violence against members of legal organiza-
tions who advocate for human rights. 
(g) VIETNAM.—Notwithstanding any other provision 
of law, funds appropriated under the heading ‘‘Develop-
ment Assistance’’ in this Act may be made available for 
programs and activities in the central highlands of Viet-
nam, and shall be made available for environmental reme-
diation and related health activities in Vietnam. 
SERBIA 
SEC. 7071. (a) Funds appropriated by this Act may 
be made available for assistance for the central Govern-
ment of Serbia after May 31, 2010, if the President has 
made the determination and certification contained in sub-
section (c). 
(b) After May 31, 2010, the Secretary of the Treas-
ury should instruct the United States executive directors 
to the international financial institutions to support loans 
and assistance to the Government of Serbia subject to the 
conditions in subsection (c). 
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173 
(c) The determination and certification referred to in 
subsection (a) is a determination and a certification by 
the President to the Committees on Appropriations that 
the Government of Serbia is— 
(1) cooperating with the International Criminal 
Tribunal for the former Yugoslavia including access 
for investigators, the provision of documents, timely 
information on the location, movement, and sources 
of financial support of indictees, and the surrender 
and transfer of indictees or assistance in their ap-
prehension, including Ratko Mladic; 
(2) taking steps that are consistent with the 
Dayton Accords to end Serbian financial, political, 
security and other support which has served to 
maintain separate Republika Srpska institutions; 
and 
(3) taking steps to implement policies which re-
flect a respect for minority rights and the rule of 
law. 
(d) This section shall not apply to humanitarian as-
sistance or assistance to promote democracy. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 7072. (a) None of the funds appropriated under 
the heading ‘‘Assistance for Europe, Eurasia and Central 
Asia’’ shall be made available for assistance for a govern-
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174 
ment of an Independent State of the former Soviet Union 
if that government directs any action in violation of the 
territorial integrity or national sovereignty of any other 
Independent State of the former Soviet Union, such as 
those violations included in the Helsinki Final Act: Pro-
vided, That such funds may be made available without re-
gard to the restriction in this subsection if the President 
determines that to do so is in the national security interest 
of the United States. 
(b) Funds appropriated under the heading ‘‘Assist-
ance for Europe, Eurasia and Central Asia’’ for the Rus-
sian Federation, Armenia, Kazakhstan, and Uzbekistan 
shall be subject to the regular notification procedures of 
the Committees on Appropriations. 
(c)(1) Of the funds appropriated under the heading 
‘‘Assistance for Europe, Eurasia and Central Asia’’ that 
are allocated for assistance for the Government of the 
Russian Federation, 60 percent shall be withheld from ob-
ligation until the President determines and certifies in 
writing to the Committees on Appropriations that the Gov-
ernment of the Russian Federation— 
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
ing, technology, or equipment necessary to develop a 
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175 
nuclear reactor, related nuclear research facilities or 
programs, or ballistic missile capability; and 
(B) is providing full access to international non-
governmental organizations providing humanitarian 
relief to refugees and internally displaced persons in 
Chechnya. 
(2) Paragraph (1) shall not apply to— 
(A) assistance to combat infectious diseases, 
child survival activities, or assistance for victims of 
trafficking in persons; and 
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Ac-
tivities) of the FREEDOM Support Act. 
(d) Section 907 of the FREEDOM Support Act shall 
not apply to— 
(1) activities to support democracy or assist-
ance under title V of the FREEDOM Support Act 
and section 1424 of Public Law 104–201 or non- 
proliferation assistance; 
(2) any assistance provided by the Trade and 
Development Agency under section 661 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2421); 
(3) any activity carried out by a member of the 
United States and Foreign Commercial Service while 
acting within his or her official capacity; 
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176 
(4) any insurance, reinsurance, guarantee or 
other assistance provided by the Overseas Private 
Investment Corporation under title IV of chapter 2 
of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2191 et seq.); 
(5) any financing provided under the Export- 
Import Bank Act of 1945; or 
(6) humanitarian assistance. 
REPRESSION IN THE RUSSIAN FEDERATION 
SEC. 7073. (a) None of the funds appropriated under 
the heading ‘‘Assistance for Europe, Eurasia and Central 
Asia’’ in this Act may be made available for the Govern-
ment of the Russian Federation, after 180 days from the 
date of the enactment of this Act, unless the President 
determines and certifies in writing to the Committees on 
Appropriations that the Government of the Russian Fed-
eration: 
(1) has implemented no statute, Executive 
order, regulation or similar government action that 
would discriminate, or which has as its principal ef-
fect discrimination, against religious groups or reli-
gious communities in the Russian Federation in vio-
lation of accepted international agreements on 
human rights and religious freedoms to which the 
Russian Federation is a party; and 
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177 
(2) is— 
(A) honoring its international obligations 
regarding freedom of expression, assembly, and 
press, as well as due process; 
(B) is investigating and prosecuting law 
enforcement personnel credibly alleged to have 
committed human rights abuses against polit-
ical leaders, activists and journalists; and 
(C) is immediately releasing political lead-
ers, activists and journalists who remain in de-
tention. 
UZBEKISTAN 
SEC. 7074. (a) Funds appropriated by this Act may 
be made available for assistance for the central Govern-
ment of Uzbekistan only if the Secretary of State deter-
mines and reports to the Committees on Appropriations 
that the Government of Uzbekistan is making substantial 
and continuing progress— 
(1) in meeting its commitments under the 
‘‘Declaration on the Strategic Partnership and Co-
operation Framework Between the Republic of 
Uzbekistan and the United States of America’’, in-
cluding respect for internationally recognized human 
rights, establishing a genuine multi-party system, 
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178 
and ensuring free and fair elections, freedom of ex-
pression, and the independence of the media; and 
(2) in investigating and prosecuting the individ-
uals responsible for the deliberate killings of civilians 
in Andijan in May 2005. 
(b) If the Secretary of State has credible evidence 
that any current or former official of the Government of 
Uzbekistan was responsible for the deliberate killings of 
civilians in Andijan in May 2005, or for other violations 
of internationally recognized human rights in Uzbekistan, 
not later than 6 months after enactment of this Act any 
person identified by the Secretary pursuant to this sub-
section shall be ineligible for admission to the United 
States. 
(c) The restriction in subsection (b) shall cease to 
apply if the Secretary determines and reports to the Com-
mittees on Appropriations that the Government of 
Uzbekistan has taken concrete and measurable steps to 
improve respect for internationally recognized human 
rights, including allowing peaceful political and religious 
expression, releasing imprisoned human rights defenders, 
and implementing recommendations made by the United 
Nations on torture. 
(d) The Secretary may waive the application of sub-
section (b) if the Secretary determines that admission to 
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179 
the United States is necessary to attend the United Na-
tions or to further United States law enforcement objec-
tives. 
(e) For the purpose of this section ‘‘assistance’’ shall 
include excess defense articles. 
AFGHANISTAN 
SEC. 7075. (a) IN GENERAL.—Funds appropriated 
under the heading ‘‘Economic Support Fund’’ that are 
available for assistance for Afghanistan shall be made 
available, to the maximum extent practicable, in a manner 
that utilizes Afghan entities and emphasizes the participa-
tion of Afghan women and directly improves the security, 
economic and social well-being, and political status, of Af-
ghan women and girls. 
(b) ASSISTANCE FOR WOMEN AND GIRLS.— 
(1) Funds appropriated in title III of this Act 
for assistance for Afghanistan shall comply with sec-
tions 7061 and 7062 of this Act and shall be made 
available to support programs that increase partici-
pation by women in the political process, including 
at the national, provincial, and sub-provincial levels, 
and in efforts to improve security in Afghanistan. 
(2) Of the funds appropriated under the head-
ings ‘‘Economic Support Fund’’ and ‘‘International 
Narcotics Control and Law Enforcement’’, not less 
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180 
than $175,000,000 shall be made available to sup-
port programs that directly address the needs of Af-
ghan women and girls, including for the Afghan 
Independent Human Rights Commission, the Afghan 
Ministry of Women’s Affairs, and for women-led 
nongovernmental organizations. 
(c) NATIONAL SOLIDARITY PROGRAM.—Of the funds 
appropriated under the heading ‘‘Economic Support 
Fund’’ that are available for assistance for Afghanistan, 
not less than $175,000,000 shall be made available for 
the National Solidarity Program. 
(d) ANTICORRUPTION.—Ten percent of the funds ap-
propriated under the heading ‘‘International Narcotics 
Control and Law Enforcement’’ that are available for as-
sistance for the Government of Afghanistan shall be with-
held from obligation until the Secretary of State reports 
to the Committees on Appropriations that the Government 
of Afghanistan is implementing a policy to promptly re-
move from office any government official who is credibly 
alleged to have engaged in narcotics trafficking, gross vio-
lations of internationally recognized human rights, or 
other major crimes. 
(e) BASE RIGHTS.—None of the funds made available 
by this Act may be used by the United States Government 
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181 
to enter into a permanent basing rights agreement be-
tween the United States and Afghanistan. 
ENTERPRISE FUNDS 
SEC. 7076. (a) Prior to the distribution of any assets 
resulting from any liquidation, dissolution, or winding up 
of an Enterprise Fund, in whole or in part, the President 
shall submit to the Committees on Appropriations, in ac-
cordance with the regular notification procedures of the 
Committees on Appropriations, a plan for the distribution 
of the assets of the Enterprise Fund. 
(b) Funds made available under titles III through VI 
of this Act for Enterprise Funds shall be expended at the 
minimum rate necessary to make timely payment for 
projects and activities and shall be subject to the regular 
notification procedures of the Committees on Appropria-
tions. 
UNITED NATIONS POPULATION FUND 
SEC. 7077. (a) CONTRIBUTION.—Of the funds made 
available under the heading ‘‘International Organizations 
and Programs’’ in this Act for fiscal year 2010, 
$60,000,000 shall be made available for the United Na-
tions Population Fund (UNFPA). 
(b) AVAILABILITY OF FUNDS.—Funds appropriated 
by this Act for UNFPA, that are not made available for 
UNFPA because of the operation of any provision of law, 
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182 
shall be transferred to the ‘‘Global Health and Child Sur-
vival’’ account and shall be made available for family plan-
ning, maternal, and reproductive health activities, subject 
to the regular notification procedures of the Committees 
on Appropriations. 
(c) PROHIBITION ON USE OF FUNDS IN CHINA.— 
None of the funds made available by this Act may be used 
by UNFPA for a country program in the People’s Repub-
lic of China. 
(d) CONDITIONS
ON AVAILABILITY
OF FUNDS.— 
Funds made available by this Act for UNFPA may not 
be made available to UNFPA unless— 
(1) UNFPA maintains funds made available to 
UNFPA under this section in an account separate 
from other accounts of UNFPA; 
(2) UNFPA does not commingle amounts made 
available to UNFPA under this section with other 
sums; and 
(3) UNFPA does not fund abortions. 
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOL-
LAR WITHHOLDING OF FUNDS.— 
(1) Not later than 4 months after the date of 
enactment of this Act, the Secretary of State shall 
submit a report to the Committees on Appropria-
tions indicating the amount of funds that the 
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183 
UNFPA is budgeting for the year in which the re-
port is submitted for a country program in the Peo-
ple’s Republic of China. 
(2) If a report under paragraph (1) indicates 
that the UNFPA plans to spend funds for a country 
program in the People’s Republic of China in the 
year covered by the report, then the amount of such 
funds the UNFPA plans to spend in the People’s 
Republic of China shall be deducted from the funds 
made available to the UNFPA after March 1 for ob-
ligation for the remainder of the fiscal year in which 
the report is submitted. 
PROHIBITION ON PUBLICITY OR PROPAGANDA 
SEC. 7078. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses within the United States not authorized before the 
date of the enactment of this Act by the Congress: Pro-
vided, That not to exceed $25,000 may be made available 
to carry out the provisions of section 316 of Public Law 
96–533. 
OPIC 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7079. Whenever the President determines that 
it is in furtherance of the purposes of the Foreign Assist-
ance Act of 1961, up to a total of $20,000,000 of the 
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184 
funds appropriated under title III of this Act may be 
transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation 
Program Account, to be subject to the terms and condi-
tions of that account: Provided, That such funds shall not 
be available for administrative expenses of the Overseas 
Private Investment Corporation: Provided further, That 
designated funding levels in this Act shall not be trans-
ferred pursuant to this section: Provided further, That the 
exercise of such authority shall be subject to the regular 
notification procedures of the Committees on Appropria-
tions. 
EXTRADITION 
SEC. 7080. (a) None of the funds appropriated in this 
Act may be used to provide assistance (other than funds 
provided under the headings ‘‘International Narcotics 
Control and Law Enforcement’’, ‘‘Migration and Refugee 
Assistance,’’ ‘‘Emergency Migration and Refugee Assist-
ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 
and Related Assistance’’) for the central government of 
a country which has notified the Department of State of 
its refusal to extradite to the United States any individual 
indicted for a criminal offense for which the maximum 
penalty is life imprisonment without the possibility of pa-
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185 
role or for killing a law enforcement officer, as specified 
in a United States extradition request. 
(b) Subsection (a) shall only apply to the central gov-
ernment of a country with which the United States main-
tains diplomatic relations and with which the United 
States has an extradition treaty and the government of 
that country is in violation of the terms and conditions 
of the treaty. 
(c) The Secretary of State may waive the restriction 
in subsection (a) on a case-by-case basis if the Secretary 
certifies to the Committees on Appropriations that such 
waiver is important to the national interests of the United 
States. 
ENERGY AND ENVIRONMENT 
SEC. 7081. (a) CLEAN ENERGY.—Of the funds ap-
propriated by title III of this Act, not less than 
$180,000,000 shall be made available to the United States 
Agency for International Development (USAID), in addi-
tion to funds otherwise made available for such purposes, 
for programs and activities that reduce global warming by 
promoting the sustainable use of renewable energy tech-
nologies and energy efficient end-use technologies, carbon 
sequestration, and carbon accounting: Provided, That of 
the amount made available to USAID for clean energy 
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186 
programs, $10,000,000 shall be made available for the 
‘‘Solar Energy Microfinance Initiative’’. 
(b) CLIMATE CHANGE ADAPTATION.—Funds appro-
priated by this Act may be made available for a United 
States contribution to the Least Developed Countries 
Fund and to the Special Climate Change Fund to support 
grants for climate change adaptation programs and activi-
ties, if the Global Environment Facility makes publicly 
available on its website an annual report detailing the cri-
teria used to determine which programs and activities re-
ceive funds, the manner in which such programs and ac-
tivities meet such criteria, the extent of local involvement 
in such programs and activities, the amount of funds pro-
vided, and the results achieved. 
(c) BIODIVERSITY.—Of the funds appropriated by 
title III of this Act, not less than $200,000,000 shall be 
made available for programs and activities which directly 
protect biodiversity, including tropical forests and wildlife, 
in developing countries, of which not less than 
$25,000,000 shall be made available for USAID’s con-
servation programs in the Amazon Basin: Provided, That 
of the funds made available under this paragraph, not less 
than $17,500,000 shall be made available for the Congo 
Basin Forest Partnership: Provided further, That funds 
appropriated by this Act to carry out the provisions of sec-
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187 
tions 103 through 106, and chapter 4 of part II, of the 
Foreign Assistance Act of 1961 may be used, notwith-
standing any other provision of law, for the purpose of 
supporting tropical forestry and biodiversity conservation 
activities and energy programs aimed at reducing green-
house gas emissions: Provided further, That funds appro-
priated under the heading ‘‘Development Assistance’’ may 
be made available as a contribution to the Galapagos 
Invasive Species Fund. 
(d) EXTRACTION OF NATURAL RESOURCES.— 
(1) The Secretary of the Treasury shall inform 
the managements of the international financial insti-
tutions and the public that it is the policy of the 
United States to oppose any assistance by such in-
stitutions (including but not limited to any loan, 
credit, grant, or guarantee) for the extraction and 
export of oil, gas, coal, timber, or other natural re-
source unless the government of the country has in 
place functioning systems for: 
(A) accurately accounting for payments for 
companies involved in the extraction and export 
of natural resources; 
(B) the independent auditing of accounts 
receiving such payments and the widespread 
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188 
public dissemination of the findings of such au-
dits; and 
(C) verifying government receipts against 
company payments including widespread dis-
semination of such payment information, and 
disclosing such documents as Host Government 
Agreements, Concession Agreements, and bid-
ding documents, allowing in any such dissemi-
nation or disclosure for the redaction of, or ex-
ceptions for, information that is commercially 
proprietary or that would create competitive 
disadvantage. 
(2) Not later than 180 days after the enact-
ment of this Act, the Secretary of the Treasury shall 
submit a report to the Committees on Appropria-
tions describing, for each international financial in-
stitution, the amount and type of assistance pro-
vided, by country, for the extraction and export of 
oil, gas, coal, timber, or other natural resources in 
the preceding 12 months, and whether each institu-
tion considered, in its proposal for such assistance, 
the extent to which the country has functioning sys-
tems described in paragraph (1). 
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189 
PROHIBITION ON PROMOTION OF TOBACCO 
SEC. 7082. None of the funds provided by this Act 
shall be available to promote the sale or export of tobacco 
or tobacco products, or to seek the reduction or removal 
by any foreign country of restrictions on the marketing 
of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco 
products of the same type. 
COMMERCIAL LEASING OF DEFENSE ARTICLES 
SEC. 7083. Notwithstanding any other provision of 
law, and subject to the regular notification procedures of 
the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used 
to provide financing to Israel, Egypt and NATO and 
major non-NATO allies for the procurement by leasing 
(including leasing with an option to purchase) of defense 
articles from United States commercial suppliers, not in-
cluding Major Defense Equipment (other than helicopters 
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather 
than by government-to-government sale under such Act. 
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190 
TRANSPARENCY AND ACCOUNTABILITY 
SEC. 7084. (a) UNITED NATIONS.—Funds made 
available by this Act shall be made available to continue 
reform efforts at the United Nations: Provided, That not 
later than September 30, 2010, the Secretary of State 
shall submit a report to the Committees on Appropriations 
detailing actions taken by United Nations organizations 
under the headings ‘‘Contributions to International Orga-
nizations’’ and ‘‘International Organizations and Pro-
grams’’ to continue reform of United Nations financial 
management systems and program oversight. 
(b) NATIONAL BUDGET TRANSPARENCY.— 
(1) None of the funds appropriated by this Act 
may be made available for assistance for the central 
government of any country that fails to make pub-
licly available on an annual basis its national budget, 
to include income and expenditures. 
(2) The Secretary of State may waive the re-
quirements of paragraph (1) on a country-by-coun-
try basis if the Secretary reports to the Committees 
on Appropriations that to do so is important to the 
national interest of the United States. 
SRI LANKA 
SEC. 7085. (a) IN GENERAL.—Funds appropriated 
in title III of this Act that are available for assistance 
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191 
for Sri Lanka shall be made available to fund programs 
that promote reconciliation between the ethnic Sinhalese 
and Tamil communities, support post-conflict reconstruc-
tion, and establish a meaningful and inclusive role for 
Tamil and other minorities in national, political, and eco-
nomic life. 
(b) SECURITY ASSISTANCE.—Funds made available 
in title IV of this Act that are available for assistance for 
Sri Lanka should encourage programs that include the re-
cruitment and training of Tamils into the Sri Lankan Se-
curity Forces, Tamil language training for Sinhalese 
forces, and human rights training for all security forces. 
(c) DEMINING.—In addition to subsection (a), up to 
$1,000,000 of the funds appropriated under the heading 
‘‘Nonproliferation, Anti-terrorism, Demining and Related 
Programs’’ shall be provided for demining of conflict af-
fected areas. 
(d) REPORTING REQUIREMENT.—Not later than 60 
days after enactment of this Act, the Secretary of State 
shall report to the Committee on Appropriations on the 
extent to which the Government of Sri Lanka’s is: 
(1) providing unrestricted humanitarian access 
to the displaced within camps; 
(2) providing protection for internally displaced 
persons (IDPs) and humanitarian workers, including 
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192 
the International Committee of the Red Cross at all 
sites where the military and police conduct security 
screening; 
(3) permitting freedom of movement for IDPs 
once they have completed security screening, includ-
ing allowing the displaced to return home or move 
to other safe locations; 
(4) allowing civilian authorities to run without 
interference camps and hospitals that house the dis-
placed; and 
(5) allowing for the safe and timely return of 
IDPs to their homes. 
UNRWA ACCOUNTABILITY 
SEC. 7086. The Secretary of State shall prepare and 
submit to the Committees on Appropriations not later 
than 45 days after the date of enactment of this Act a 
report on whether UNRWA is: 
(1) continuing to utilize Operations Support Of-
ficers in the West Bank and Gaza to inspect 
UNRWA installations and report any inappropriate 
use; 
(2) dealing promptly with any staff or bene-
ficiary violations of its own policies (including the 
policies on neutrality and impartiality of employees) 
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193 
and the legal requirements under section 301(c) of 
the Foreign Assistance Act of 1961; 
(3) taking necessary and appropriate measures 
to ensure it is operating in compliance with the con-
ditions of section 301(c) of the Foreign Assistance 
Act of 1961; 
(4) continuing regular reporting to the Depart-
ment of State on actions it has taken to ensure con-
formance with the conditions of section 301(c) of the 
Foreign Assistance Act of 1961; 
(5) taking steps to improve the transparency of 
all educational materials currently in use in 
UNRWA-administered schools; 
(6) continuing to use curriculum materials in 
UNRWA-supported schools and summer camps de-
signed to promote tolerance, non-violent conflict res-
olution and human rights; 
(7) not engaging in operations with financial in-
stitutions or related entities in violation of relevant 
United States law and is enhancing its transparency 
and financial due diligence and working to diversify 
its banking operations in the region; and 
(8) in compliance with the United Nations 
Board of Auditors’ biennial audit requirements and 
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194 
is implementing in a timely fashion the Board’s rec-
ommendations. 
LIMITATION ON FUNDS RELATING TO TRANSFER OR RE-
LEASE OF INDIVIDUALS DETAINED AT NAVAL STA-
TION, GUANTANAMO BAY, CUBA 
SEC. 7087. None of the funds made available in this 
Act, or any other Act, may be obligated for any country, 
including a state with a compact of free association with 
the United States, that concludes an agreement with the 
United States to receive by transfer or release individuals 
detained at Naval Station, Guantanamo Bay, Cuba, un-
less, not later than 5 days after the conclusion of the 
agreement but prior to implementation of the agreement, 
the Secretary of State notifies the Committees on Appro-
priations in writing of the terms of the agreement. 
IMF PROVISIONS 
SEC. 7088. (a) OPPOSITION
TO IMF PROVIDING 
HARD CURRENCY FOR SDRS RECEIVED BY TERRORIST 
COUNTRIES.—The Secretary of the Treasury shall in-
struct the United States Executive Director at the Inter-
national Monetary Fund to use the voice, vote, and influ-
ence of the United States to oppose the provision by the 
Fund of United States dollars, euros, or Japanese yen to 
any country the government of which the Secretary of 
State has determined, for purposes of section 6(j) of the 
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195 
Export Administration Act of 1979, section 620A of the 
Foreign Assistance Act of 1961, or section 40 of the Arms 
Export Control Act, to be a government that has repeat-
edly provided support for acts of international terrorism, 
in exchange for any Special Drawing Rights received by 
the country pursuant to the amendments to the Articles 
of Agreement of the Fund as described in section 64 of 
the Bretton Woods Agreements Act. 
(b) SUNSET ON AUTHORITY TO MAKE LOANS TO 
FUND THE NEW ARRANGEMENTS TO BORROW.—Section 
17(a)(2) of the Bretton Woods Agreements Act (22 U.S.C. 
286e-2(a)(2)) is amended by inserting ‘‘: Provided further, 
That the authority to make loans under this section shall 
expire on the date that is 5 years after the date of the 
enactment of this proviso’’ before the period. 
(c) LIMITATION ON PERCENTAGE OF NEW ARRANGE-
MENTS TO BORROW TO BE FUNDED BY THE UNITED 
STATES.—At any time during fiscal years 2009 through 
2014, no United States contribution to the New Arrange-
ments to Borrow may cause the total amount of United 
States Government contributions to the New Arrange-
ments to Borrow to exceed 20 percent of the total amount 
of funds contributed to the New Arrangements to Borrow 
from all sources. 
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196 
(d) REPORTING REQUIREMENTS.—Not later than 
December 15, 2009, and semiannually thereafter, the Sec-
retary of the Treasury, in consultation with other appro-
priate Federal agencies, shall submit to the Committees 
on Appropriations a report on the loans made and pro-
grams carried out using financing provided by or through 
the New Arrangements to Borrow. Each such report shall 
include the following: 
(1) A description of the economies of countries 
requiring the assistance from the New Arrangements 
to Borrow, including the monetary, fiscal, and ex-
change rate policies of the countries. 
(2) A description of the degree to which the 
countries requiring the assistance have fully imple-
mented domestic reforms including— 
(A) the enactment and implementation of 
appropriate financial reform legislation; 
(B) strengthening the domestic financial 
system and improving transparency and super-
vision; 
(C) opening domestic capital markets; and 
(D) making nontransparent conglomerate 
practices more transparent through the applica-
tion of internationally accepted accounting 
practices, independent external audits, full dis-
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197 
closure, and provision of consolidated state-
ments. 
(3) A detailed description of the trade policies 
of the countries, including any unfair trade practices 
or adverse effects of the trade policies on the United 
States. 
(4) The amount, rate of interest, and disburse-
ment and repayment schedules of any funds dis-
bursed by the International Monetary Fund pursu-
ant to the New Arrangements to Borrow. 
INTELLECTUAL PROPERTY RIGHTS PROTECTIONS 
SEC. 7089. Prior to the obligation of the funds made 
available in this Act for ‘‘Contribution to the Clean Tech-
nology Fund’’ or ‘‘Strategic Climate Fund’’ of the World 
Bank, the Secretary of State shall certify in writing to 
the Committees on Appropriations that all actions taken 
during the negotiations of the United Nations Framework 
Convention on Climate Change ensure robust compliance 
with and enforcement of existing international legal re-
quirements as of the date of the enactment of this Act 
that respect intellectual property rights and effective intel-
lectual property rights protection and enforcement for en-
ergy and environment technology, including wind, solar, 
biomass, geothermal, hydro, landfill gas, natural gas, ma-
rine, trash combustion, fuel cell, hydrogen, microturbine, 
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nuclear, clean coal, electric battery, alternative fuel, alter-
native refueling infrastructure, advanced vehicle, electric 
grid, or energy efficiency-related technologies. 
This Act may be cited as the ‘‘Department of State, 
Foreign Operations, and Related Programs Appropria-
tions Act, 2010’’. 
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Union Calendar No. 100 
111TH CONGRESS 
1ST SESSION 
H. R. 3081 
[Report No. 111–187] 
A BILL 
Making appropriations for the Department of 
State, foreign operations, and related programs 
for the fiscal year ending September 30, 2010, 
and for other purposes. 
JUNE 26, 2009 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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