875 
States will participate in any combat operation in connec-
tion with assistance made available by this Act for Colom-
bia: Provided further, That rotary and fixed wing aircraft 
supported with funds appropriated under the heading 
‘‘Andean Counterdrug Programs’’ for assistance for Co-
lombia may be used for aerial or manual drug eradication 
and interdiction including to transport personnel and sup-
plies and to provide security for such operations, and to 
provide transport in support of alternative development 
programs and investigations of cases under the jurisdic-
tion of the Attorney General, the Procuraduria General 
de la Nacion, and the Defensoria del Pueblo: Provided fur-
ther, That the President shall ensure that if any helicopter 
procured with funds in this Act or prior Acts making ap-
propriations for the Department of State, foreign oper-
ations, and related programs, is used to aid or abet the 
operations of any illegal self-defense group, paramilitary 
organization, illegal security cooperative or successor orga-
nizations in Colombia, such helicopter shall be imme-
diately returned to the United States. 
Of the funds available under the heading ‘‘Andean 
Counterdrug Programs’’ in this Act for the Colombian na-
tional police for the procurement of chemicals for aerial 
coca and poppy eradication programs, not more than 20 
percent of such funds may be made available for such
876 
eradication programs unless the Secretary of State cer-
tifies to the Committees on Appropriations that: (1) the 
herbicide is being used in accordance with EPA label re-
quirements for comparable use in the United States and 
with Colombian laws; and (2) the herbicide, in the manner 
it is being used, does not pose unreasonable risks or ad-
verse effects to humans or the environment, including en-
demic species: Provided, That such funds may not be made 
available unless the Secretary of State certifies to the 
Committees on Appropriations that complaints of harm to 
health or licit crops caused by such aerial eradication are 
thoroughly evaluated and fair compensation is being paid 
in a timely manner for meritorious claims: Provided fur-
ther, That such funds may not be made available for such 
purposes unless programs are being implemented by the 
United States Agency for International Development, the 
Government of Colombia, or other organizations, in con-
sultation and coordination with local communities, to pro-
vide alternative sources of income in areas where security 
permits for small-acreage growers and communities whose 
illicit crops are targeted for aerial eradication: Provided 
further, That none of the funds appropriated by this Act 
for assistance for Colombia shall be made available for the 
cultivation or processing of African oil palm, if doing so 
would contribute to significant loss of native species, dis-
877 
rupt or contaminate natural water sources, reduce local 
food security, or cause the forced displacement of local 
people: Provided further, That funds appropriated by this 
Act may be used for aerial eradication in Colombia’s na-
tional parks or reserves only if the Secretary of State cer-
tifies to the Committees on Appropriations on a case-by- 
case basis that there are no effective alternatives and the 
eradication is conducted in accordance with Colombian 
laws. 
(b) ASSISTANCE FOR THE ARMED FORCES.— 
(1) FUNDING.—Funds appropriated by this Act 
that are available for assistance for the Colombian 
Armed Forces, may be made available as follows: 
(A) Up to 70 percent of such funds may 
be obligated prior to the certification and report 
by the Secretary of State pursuant to subpara-
graph (B). 
(B) Up to 15 percent of such funds may 
be obligated only after the Secretary of State 
consults with, and subsequently certifies and 
submits a written report to, the Committees on 
Appropriations that— 
(i) The Government of Colombia is 
suspending, and investigating and pros-
ecuting in the civilian justice system, those
878 
members of the Colombian Armed Forces, 
of whatever rank, who have been credibly 
alleged to have committed violations of 
internationally recognized human rights, 
including extra-judicial killings, or to have 
aided, abetted or benefitted from para-
military organizations or successor armed 
groups, and the Colombian Armed Forces 
are cooperating fully with civilian prosecu-
tors and judicial authorities in such cases. 
(ii) The Government of Colombia has 
taken all necessary steps to sever links 
with paramilitary organizations or suc-
cessor armed groups. 
(iii) The Government of Colombia is 
dismantling paramilitary networks, includ-
ing by arresting and prosecuting under ci-
vilian criminal law individuals who have 
provided financial, planning, or logistical 
support, or have otherwise aided, abetted 
or benefitted from paramilitary organiza-
tions or successor armed groups, and by 
returning land and other assets illegally 
acquired by such organizations or their as-
879 
sociates to their rightful occupants or own-
ers. 
(iv) The Government of Colombia is 
respecting the rights of Colombia’s indige-
nous and Afro-Colombian communities, 
and the Colombian Armed Forces are im-
plementing procedures to distinguish be-
tween civilians, including displaced per-
sons, and combatants in their operations. 
(2) The balance of such funds may be obligated 
after July 31, 2009, if, prior to such obligation, the 
Secretary of State consults with, and submits a writ-
ten certification to, the Committees on Appropria-
tions that the Government of Colombia is continuing 
to meet the requirements described in paragraph (1) 
and is conducting vigorous operations to strengthen 
civilian institutions and respect for internationally 
recognized human rights in areas under the influ-
ence of paramilitary organizations or successor 
armed groups and guerrilla organizations. 
(3) CERTAIN FUNDS EXEMPTED.—The require-
ment to withhold funds from obligation shall not 
apply with respect to funds made available under the 
heading ‘‘Andean Counterdrug Programs’’ in this 
Act for continued support for the Critical Flight
880 
Safety Program or for any alternative development 
programs in Colombia administered by the Bureau 
of International Narcotics and Law Enforcement Af-
fairs of the Department of State. 
(4) REPORT.—At the time the Secretary of 
State submits certifications pursuant to paragraphs 
(1)(B) and (2) of this subsection, the Secretary shall 
also submit to the Committees on Appropriations a 
report that contains, with respect to each such para-
graph, a detailed description of the specific actions 
taken by the Government and Armed Forces of Co-
lombia which support each requirement of the cer-
tification, and the cases or issues brought to the at-
tention of the Secretary, including through the De-
partment of State’s annual Country Reports on 
Human Rights Practices, for which the actions 
taken by the Colombian Government or Armed 
Forces have been determined by the Secretary of 
State to be inadequate. 
(c) CONSULTATIVE PROCESS.—Not later than 60 
days after the date of enactment of this Act, and every 
180 days thereafter until September 30, 2009, the Sec-
retary of State shall consult with Colombian and inter-
nationally recognized human rights organizations regard-
881 
ing progress in meeting the requirements contained in 
subsection (b)(1). 
(d) ASSISTANCE FOR REINTEGRATION OF FORMER 
COMBATANTS.— 
(1) AVAILABILITY
OF
FUNDS.—Of the funds 
appropriated in this Act under the heading ‘‘Eco-
nomic Support Fund’’, up to $16,769,000 may be 
made available in fiscal year 2009 for assistance for 
the reintegration of former members of foreign ter-
rorist organizations (FTOs) or other illegal armed 
groups in Colombia, if the Secretary of State 
consults with and makes a certification described in 
paragraph (2) to the Committees on Appropriations 
prior to the initial obligation of amounts for such as-
sistance for the fiscal year involved. 
(2) CERTIFICATION.—A certification described 
in this subsection is a certification that— 
(A) assistance for the fiscal year will be 
provided only for individuals who have: (i) 
verifiably renounced and terminated any affili-
ation or involvement with FTOs or other illegal 
armed groups; (ii) are meeting all the require-
ments of the Colombia demobilization program, 
including having disclosed their involvement in 
past crimes and their knowledge of the FTO’s
882 
structure, financing sources, illegal assets, and 
the location of kidnapping victims and bodies of 
the disappeared; and (iii) are not involved in 
criminal activity; 
(B) the Government of Colombia is pro-
viding full cooperation to the Government of the 
United States to prosecute the extradited lead-
ers and members of FTOs who have been in-
dicted in the United States for murder, torture, 
kidnapping, narcotics trafficking, or other viola-
tions of United States law; 
(C) the Government of Colombia is not 
knowingly taking any steps to legalize the titles 
of land or other assets illegally obtained and 
held by FTOs, their associates, or successors, 
has established effective procedures to identify 
such land and other assets, and is seizing and 
returning such land and other assets to their 
rightful occupants or owners; 
(D) the Government of Colombia is dis-
mantling the organizational structures of FTOs 
and successor armed groups; and 
(E) funds shall not be made available as 
cash payments to individuals and are available 
only for activities under the following cat-
883 
egories: verification, reintegration (including 
training and education), vetting, recovery of as-
sets for reparations for victims, and investiga-
tions and prosecutions. 
(e) ILLEGAL ARMED GROUPS.— 
(1) DENIAL OF VISAS.—Subject to paragraph 
(2), the Secretary of State shall not issue a visa to 
any alien who the Secretary determines, based on 
credible evidence— 
(A) has willfully provided any support to 
or benefitted from the Revolutionary Armed 
Forces of Colombia (FARC), the National Lib-
eration Army (ELN), the United Self-Defense 
Forces of Colombia (AUC), or successor armed 
groups, including taking actions or failing to 
take actions which allow, facilitate, or otherwise 
foster the activities of such groups; or 
(B) has committed, ordered, incited, as-
sisted, or otherwise participated in the commis-
sion of a violation of internationally recognized 
human rights, including extra-judicial killings, 
in Colombia. 
(2) WAIVER.—Paragraph (1) shall not apply if 
the Secretary of State certifies to the Committees on 
Appropriations, on a case-by-case basis, that the
884 
issuance of a visa to the alien is necessary to sup-
port the peace process in Colombia or for urgent hu-
manitarian reasons. 
(f) DEFINITIONS.—In this section: 
(1) AIDED OR ABETTED.—The term ‘‘aided or 
abetted’’ means to provide any support to para-
military or successor armed groups, including taking 
actions which allow, facilitate, or otherwise foster 
the activities of such groups. 
(2) PARAMILITARY GROUPS.—The term ‘‘para-
military groups’’ means illegal self-defense groups 
and illegal security cooperatives, including those 
groups and cooperatives that have formerly demobi-
lized but continue illegal operations, as well as parts 
thereof. 
(3) FOREIGN TERRORIST ORGANIZATION.—The 
term ‘‘foreign terrorist organization’’ means an or-
ganization designated as a terrorist organization 
under section 219 of the Immigration and Nation-
ality Act. 
COMMUNITY-BASED POLICE ASSISTANCE 
SEC. 7047. (a) AUTHORITY.—Funds made available 
by titles III and IV of this Act to carry out the provisions 
of chapter 1 of part I and chapters 4 and 6 of part II 
of the Foreign Assistance Act of 1961, may be used, not-
withstanding section 660 of that Act, to enhance the effec-
885 
tiveness and accountability of civilian police authority 
through training and technical assistance in human rights, 
the rule of law, anti-corruption, strategic planning, and 
through assistance to foster civilian police roles that sup-
port democratic governance including assistance for pro-
grams to prevent conflict, respond to disasters, address 
gender-based violence, and foster improved police relations 
with the communities they serve. 
(b) NOTIFICATION.—Assistance provided under sub-
section (a) shall be subject to prior consultation with, and 
the regular notification procedures of, the Committees on 
Appropriations. 
PROHIBITION OF PAYMENTS TO UNITED NATIONS 
MEMBERS 
SEC. 7048. None of the funds appropriated or made 
available pursuant to titles III through VI of this Act for 
carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrear-
ages, or dues of any member of the United Nations or, 
from funds appropriated by this Act to carry out chapter 
1 of part I of the Foreign Assistance Act of 1961, the 
costs for participation of another country’s delegation at 
international conferences held under the auspices of multi-
lateral or international organizations.
886 
WAR CRIMES TRIBUNALS DRAWDOWN 
SEC. 7049. If the President determines that doing so 
will contribute to a just resolution of charges regarding 
genocide or other violations of international humanitarian 
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961 of up 
to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to 
the former Yugoslavia by the United Nations Security 
Council or such other tribunals or commissions as the 
Council may establish or authorize to deal with such viola-
tions, without regard to the ceiling limitation contained 
in paragraph (2) thereof: Provided, That the determina-
tion required under this section shall be in lieu of any de-
terminations otherwise required under section 552(c): Pro-
vided further, That funds made available for tribunals 
other than the International Criminal Tribunal for the 
former Yugoslavia, the International Criminal Tribunal 
for Rwanda, or the Special Court for Sierra Leone shall 
be made available subject to the regular notification proce-
dures of the Committees on Appropriations. 
PEACEKEEPING MISSIONS 
SEC. 7050. None of the funds made available under 
title I of this Act may be used for any United Nations 
undertaking when it is made known to the Federal official 
having authority to obligate or expend such funds that:
887 
(1) the United Nations undertaking is a peacekeeping mis-
sion; (2) such undertaking will involve United States 
Armed Forces under the command or operational control 
of a foreign national; and (3) the President’s military advi-
sors have not submitted to the President a recommenda-
tion that such involvement is in the national interests of 
the United States and the President has not submitted 
to the Congress such a recommendation. 
PEACEKEEPING ASSESSMENT 
SEC. 7051. Section 404(b)(2)(B) of the Foreign Re-
lations Authorization Act, Fiscal Years 1994 and 1995, 
(22 U.S.C. 287e note) is amended by deleting subsection 
(v) and inserting in lieu thereof: 
‘‘(v) For assessments made during each of the cal-
endar years 2005, 2006, 2007, 2008, and 2009, 27.1 per-
cent.’’. 
UNITED NATIONS HUMAN RIGHTS COUNCIL 
SEC. 7052. (a) None of the funds appropriated by 
this Act may be made available for a United States con-
tribution to the United Nations Human Rights Council. 
(b) The prohibition under subsection (a) shall not 
apply if— 
(1) the Secretary of State certifies to the Com-
mittees on Appropriations that the provision of 
funds to support the United Nations Human Rights
888 
Council is in the national interest of the United 
States; or 
(2) the United States is a member of the 
Human Rights Council. 
ATTENDANCE AT INTERNATIONAL CONFERENCES 
SEC. 7053. None of the funds made available in this 
Act may be used to send or otherwise pay for the attend-
ance of more than 50 employees of agencies or depart-
ments of the United States Government who are stationed 
in the United States, at any single international con-
ference occurring outside the United States, unless the 
Secretary of State reports to the Committees on Appro-
priations that such attendance is in the national interest: 
Provided, That for purposes of this section the term 
‘‘international conference’’ shall mean a conference at-
tended by representatives of the United States Govern-
ment and of foreign governments, international organiza-
tions, or nongovernmental organizations. 
RESTRICTIONS ON UNITED NATIONS DELEGATIONS 
SEC. 7054. None of the funds made available under 
title I of this Act may be used to pay expenses for any 
United States delegation to any specialized agency, body, 
or commission of the United Nations if such commission 
is chaired or presided over by a country, the government 
of which the Secretary of State has determined, for pur-
poses of section 6(j)(1) of the Export Administration Act
889 
of 1979 (50 U.S.C. App. 2405(j)(1)), supports inter-
national terrorism. 
PARKING FINES AND REAL PROPERTY TAXES OWED BY 
FOREIGN GOVERNMENTS 
SEC. 7055. (a) Subject to subsection (c), of the funds 
appropriated under titles III through VI by this Act that 
are made available for assistance for a foreign country, 
an amount equal to 110 percent of the total amount of 
the unpaid fully adjudicated parking fines and penalties 
and unpaid property taxes owed by the central government 
of such country shall be withheld from obligation for as-
sistance for the central government of such country until 
the Secretary of State submits a certification to the Com-
mittees on Appropriations stating that such parking fines 
and penalties and unpaid property taxes are fully paid. 
(b) Funds withheld from obligation pursuant to sub-
section (a) may be made available for other programs or 
activities funded by this Act, after consultation with and 
subject to the regular notification procedures of the Com-
mittees on Appropriations, provided that no such funds 
shall be made available for assistance for the central gov-
ernment of a foreign country that has not paid the total 
amount of the fully adjudicated parking fines and pen-
alties and unpaid property taxes owed by such country. 
(c) Subsection (a) shall not include amounts that 
have been withheld under any other provision of law.
890 
(d)(1) The Secretary of State may waive the require-
ments set forth in subsection (a) with respect to parking 
fines and penalties no sooner than 60 days from the date 
of enactment of this Act, or at any time with respect to 
a particular country, if the Secretary determines that it 
is in the national interests of the United States to do so. 
(2) The Secretary of State may waive the require-
ments set forth in subsection (a) with respect to the un-
paid property taxes if the Secretary of State determines 
that it is in the national interests of the United States 
to do so. 
(e) Not later than 6 months after the initial exercise 
of the waiver authority in subsection (d), the Secretary 
of State, after consultations with the City of New York, 
shall submit a report to the Committees on Appropriations 
describing a strategy, including a timetable and steps cur-
rently being taken, to collect the parking fines and pen-
alties and unpaid property taxes and interest owed by na-
tions receiving foreign assistance under this Act. 
(f) In this section: 
(1) The term ‘‘fully adjudicated’’ includes cir-
cumstances in which the person to whom the vehicle 
is registered— 
(A)(i) has not responded to the parking 
violation summons; or
891 
(ii) has not followed the appropriate adju-
dication procedure to challenge the summons; 
and 
(B) the period of time for payment of or 
challenge to the summons has lapsed. 
(2) The term ‘‘parking fines and penalties’’ 
means parking fines and penalties— 
(A) owed to— 
(i) the District of Columbia; or 
(ii) New York, New York; and 
(B) incurred during the period April 1, 
1997, through September 30, 2008. 
(3) The term ‘‘unpaid property taxes’’ means 
the amount of unpaid taxes and interest determined 
to be owed by a foreign country on real property in 
the District of Columbia or New York, New York in 
a court order or judgment entered against such 
country by a court of the United States or any State 
or subdivision thereof. 
LANDMINES AND CLUSTER MUNITIONS 
SEC. 7056. (a) LANDMINES.—Notwithstanding any 
other provision of law, demining equipment available to 
the United States Agency for International Development 
and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for hu-
manitarian purposes may be disposed of on a grant basis
892 
in foreign countries, subject to such terms and conditions 
as the President may prescribe. 
(b) CLUSTER MUNITIONS.—No military assistance 
shall be furnished for cluster munitions, no defense export 
license for cluster munitions may be issued, and no cluster 
munitions or cluster munitions technology shall be sold or 
transferred, unless— 
(1) the submunitions of the cluster munitions 
have a 99 percent or higher functioning rate; and 
(2) the agreement applicable to the assistance, 
transfer, or sale of the cluster munitions or cluster 
munitions technology specifies that the cluster muni-
tions will only be used against clearly defined mili-
tary targets and will not be used where civilians are 
known to be present. 
MILLENNIUM CHALLENGE CORPORATION 
SEC. 7057. (a) The Chief Executive Officer of the 
Millennium Challenge Corporation shall, not later than 45 
days after enactment of this Act, submit to the Committee 
on Appropriations a report on the proposed uses, on a 
country-by-country basis, of all funds appropriated under 
the heading ‘‘Millennium Challenge Corporation’’ in this 
Act or prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related programs
894 
new country compact or new threshold country program; 
terminating or suspending any country compact or thresh-
old country program; or commencing negotiations for any 
new compact or threshold country program. 
LIMITATION ON RESIDENCE EXPENSES 
SEC. 7058. Of the funds appropriated or made avail-
able pursuant to title II of this Act, not to exceed 
$100,500 shall be for official residence expenses of the 
United States Agency for International Development dur-
ing the current fiscal year: Provided, That appropriate 
steps shall be taken to assure that, to the maximum extent 
possible, United States-owned foreign currencies are uti-
lized in lieu of dollars. 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7059. (a) AUTHORITY.—Up to $81,000,000 of 
the funds made available in title III of this Act to carry 
out the provisions of part I of the Foreign Assistance Act 
of 1961, including funds appropriated under the heading 
‘‘Assistance for Europe, Eurasia and Central Asia’’, may 
be used by the United States Agency for International De-
velopment (USAID) to hire and employ individuals in the 
United States and overseas on a limited appointment basis
895 
pursuant to the authority of sections 308 and 309 of the 
Foreign Service Act of 1980. 
(b) RESTRICTIONS.— 
(1) The number of individuals hired in any fis-
cal year pursuant to the authority contained in sub-
section (a) may not exceed 175. 
(2) The authority to hire individuals contained 
in subsection (a) shall expire on September 30, 
2010. 
(c) CONDITIONS.—The authority of subsection (a) 
may only be used to the extent that an equivalent number 
of positions that are filled by personal services contractors 
or other non-direct hire employees of USAID, who are 
compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ‘‘Assistance for Europe, 
Eurasia and Central Asia’’, are eliminated. 
(d) PRIORITY SECTORS.—In exercising the authority 
of this section, primary emphasis shall be placed on ena-
bling USAID to meet personnel positions in technical skill 
areas currently encumbered by contractor or other non- 
direct hire personnel. 
(e) CONSULTATIONS.—The USAID Administrator 
shall consult with the Committees on Appropriations at
896 
least on a quarterly basis concerning the implementation 
of this section. 
(f) PROGRAM ACCOUNT CHARGED.—The account 
charged for the cost of an individual hired and employed 
under the authority of this section shall be the account 
to which such individual’s responsibilities primarily relate. 
Funds made available to carry out this section may be 
transferred to, and merged with, funds appropriated by 
this Act in title II under the heading ‘‘Operating Ex-
penses’’. 
(g) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi-
viduals hired and employed by USAID, with funds made 
available in this Act or prior Acts making appropriations 
for the Department of State, foreign operations, and re-
lated programs, pursuant to the authority of section 309 
of the Foreign Service Act of 1980, may be extended for 
a period of up to 4 years notwithstanding the limitation 
set forth in such section. 
(h) JUNIOR OFFICER PLACEMENT AUTHORITY.—Of 
the funds made available in subsection (a), USAID may 
use, in addition to funds otherwise available for such pur-
poses, up to $15,000,000 to fund overseas support costs 
of members of the Foreign Service with a Foreign Service 
rank of four or below: Provided, That such authority is 
only used to reduce USAID’s reliance on overseas personal
897 
services contractors or other non-direct hire employees 
compensated with funds appropriated to carry out part I 
of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ‘‘Assistance for Europe, 
Eurasia and Central Asia’’. 
(i) DISASTER
SURGE
CAPACITY.—Funds appro-
priated under title III of this Act to carry out part I of 
the Foreign Assistance Act of 1961, including funds ap-
propriated under the heading ‘‘Assistance for Europe, 
Eurasia and Central Asia’’, may be used, in addition to 
funds otherwise available for such purposes, for the cost 
(including the support costs) of individuals detailed to or 
employed by USAID whose primary responsibility is to 
carry out programs in response to natural disasters. 
(j) TECHNICAL ADVISORS.—Up to $13,500,000 of 
the funds made available by this Act in title III for assist-
ance under the heading ‘‘Global Health and Child Sur-
vival’’, may be used to reimburse United States Govern-
ment agencies, agencies of State governments, institutions 
of higher learning, and private and voluntary organiza-
tions for the full cost of individuals (including for the per-
sonal services of such individuals) detailed or assigned to, 
or contracted by, as the case may be, USAID for the pur-
pose of carrying out activities under that heading: Pro-
vided, That up to $3,500,000 of the funds made available
898 
by this Act for assistance under the heading ‘‘Develop-
ment Assistance’’ may be used to reimburse such agencies, 
institutions, and organizations for such costs of such indi-
viduals carrying out other development assistance activi-
ties. 
(k) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I, 
chapter 4 of part II, and section 667 of the Foreign As-
sistance Act of 1961, and title II of the Agricultural Trade 
Development and Assistance Act of 1954, may be used 
by USAID to employ up to 25 personal services contrac-
tors in the United States, notwithstanding any other pro-
vision of law, for the purpose of providing direct, interim 
support for new or expanded overseas programs and ac-
tivities managed by the agency until permanent direct hire 
personnel are hired and trained: Provided, That not more 
than 10 of such contractors shall be assigned to any bu-
reau or office: Provided further, That such funds appro-
priated to carry out title II of the Agricultural Trade De-
velopment and Assistance Act of 1954, may be made avail-
able only for personal services contractors assigned to the 
Office of Food for Peace. 
(l) RECRUITMENT STRATEGY.—Not later than De-
cember 31, 2009, the USAID Administrator, after con-
sulting with the Secretaries of Defense, Treasury, Agri-
899 
culture, Interior, Energy, and Health and Human Serv-
ices, the Director of the Centers for Disease Control and 
Prevention, the Administrator of the Environmental Pro-
tection Agency, and the heads of other relevant Federal 
departments and agencies, shall submit to the Committees 
on Appropriations a recruitment strategy for current and 
former employees from such departments and agencies 
who possess skills and/or overseas experience which would 
enhance USAID’s capacity to carry out its mission: Pro-
vided, That funds made available under the heading ‘‘Op-
erating Expenses’’ in title II of this Act may be made 
available to implement the strategy described in the pre-
vious proviso, subject to the regular notification proce-
dures of the Committees on Appropriations. 
(m) HIRING AUTHORITY.—Notwithstanding section 
307 of the Foreign Service Act of 1980, the USAID Ad-
ministrator may hire up to 30 individuals under the Devel-
opment Leadership Initiative: Provided, That the author-
ity contained in this subsection shall expire on September 
30, 2010. 
GLOBAL HEALTH ACTIVITIES 
SEC. 7060. (a) Funds appropriated by titles III and 
IV of this Act that are made available for bilateral assist-
ance for child survival activities or disease programs in-
cluding activities relating to research on, and the preven-
900 
tion, treatment and control of, HIV/AIDS may be made 
available notwithstanding any other provision of law ex-
cept for the provisions under the heading ‘‘Global Health 
and Child Survival’’ and the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amend-
ed: Provided, That of the funds appropriated under title 
III of this Act, not less than $545,000,000 should be made 
available for family planning/reproductive health. 
(b) Notwithstanding any other provision of this Act, 
10 percent of the funds that are appropriated by this Act 
for a contribution to support the Global Fund to Fight 
AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’) 
shall be withheld from obligation to the Global Fund until 
the Secretary of State reports to the Committees on Ap-
propriations that the Global Fund— 
(1) is releasing incremental disbursements only 
if grantees demonstrate progress against clearly de-
fined performance indicators; and 
(2) is implementing a reporting system that 
breaks down grantee budget allocations by pro-
grammatic activity. 
DEVELOPMENT GRANTS PROGRAM 
SEC. 7061. Of the funds appropriated by this Act 
under the heading ‘‘Development Assistance’’, not less 
than $40,000,000 shall be made available for the Develop-
901 
ment Grants Program established pursuant to section 674 
of the Department of State, Foreign Operations, and Re-
lated Programs Appropriations Act, 2008 (division J of 
Public Law 110–161): Provided, That funds made avail-
able under this section are in addition to other funds avail-
able for such purposes including funds designated by this 
Act by section 7065. 
WOMEN IN DEVELOPMENT 
SEC. 7062. (a) Programs funded under title III of 
this Act should include, where appropriate, gender consid-
erations in the planning, assessment, implementation, 
monitoring and evaluation of such programs. 
(b) Funds made available under title III of this Act 
should be made available to support programs to enhance 
economic opportunities for poor women in developing 
countries, including increasing the number and capacity 
of women-owned enterprises, improving property rights for 
women, increasing access to financial services, and im-
proving women’s ability to participate in the global econ-
omy. 
GENDER-BASED VIOLENCE 
SEC. 7063. (a) Funds appropriated under the head-
ings ‘‘Development Assistance’’ and ‘‘Economic Support 
Fund’’ in this Act shall be made available for programs 
to address sexual and gender-based violence.
902 
(b) Programs and activities funded under titles III 
and IV of this Act that provide training for foreign police, 
judicial, and military officials shall address, where appro-
priate, gender-based violence. 
EDUCATION 
SEC. 7064. (a) BASIC EDUCATION.— 
(1) Of the funds appropriated by title III of 
this Act and by prior Acts for fiscal year 2009, not 
less than $700,000,000 should be made available for 
assistance for basic education, of which not less than 
$400,000,000 shall be made available under the 
heading ‘‘Development Assistance’’. 
(2) There shall continue to be a Coordinator of 
United States government actions to provide basic 
education assistance in developing countries as es-
tablished in section 664 of division J of Public Law 
110–161. 
(3) Funds appropriated for basic education in 
this Act shall be made available for a pilot program 
in three countries to develop and evaluate the effec-
tiveness and implementation of a 5-year basic edu-
cation strategic plan. 
(b) HIGHER EDUCATION.—Of the funds appropriated 
by title III of this Act and by prior Acts for fiscal year
903 
2009, not less than $133,000,000 shall be made available 
for assistance for higher education. 
RECONCILIATION PROGRAMS 
SEC. 7065. Of the funds appropriated under the 
headings ‘‘Development Assistance’’ and ‘‘Economic Sup-
port Fund’’ in this Act, $25,000,000 shall be made avail-
able for reconciliation programs which bring together and 
facilitate interaction between individuals of different eth-
nic, religious and political backgrounds from areas of civil 
conflict and war, of which $9,000,000 shall be made avail-
able for such programs in the Middle East: Provided, That 
the Administrator of the United States Agency for Inter-
national Development shall consult with the Committees 
on Appropriations, prior to the initial obligation of funds, 
on the most effective uses of such funds. 
COMPREHENSIVE EXPENDITURES REPORT 
SEC. 7066. Not later than 180 days after the date 
of enactment of this Act, the Secretary of State shall sub-
mit a report to the Committees on Appropriations detail-
ing the total amount of United States Government ex-
penditures in fiscal years 2007 and 2008, by Federal 
agency, for assistance programs and activities in each for-
eign country, identifying the line item as presented in the 
President’s Budget Appendix and the purpose for which 
the funds were provided: Provided, That if required, infor-
mation may be submitted in classified form.
904 
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 re-
quirements 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 Trafficking and Violence Protec-
tion 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 traffickers 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 Depart-
ment of State, foreign operations, and related programs 
shall be expended to perform functions that duplicate co-
ordinating responsibilities of the Operating Group. 
(c) The Operating Group shall continue to report only 
to the authorities that appointed them pursuant to section 
105(f).
905 
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 MILI-
TARY 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 available 
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 as-
sistance 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
906 
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 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 Ap-
propriations that: 
(A) The Government of Sudan honors its 
pledges to cease attacks upon civilians and disarms 
and demobilizes the Janjaweed and other govern-
ment-supported militias. 
(B) The Government of Sudan and all govern-
ment-supported militia groups are honoring their 
commitments made in all previous cease-fire agree-
ments. 
(C) The Government of Sudan is allowing 
unimpeded access to Darfur to humanitarian aid or-
ganizations, the human rights investigation and hu-
manitarian teams of the United Nations, including
907 
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 
Comprehensive Peace Agreement and the Darfur 
Peace Agreement or any other internationally-recog-
nized viable peace agreement in Sudan. 
(4) DEFINITIONS.—For the purposes of this Act, the 
term ‘‘Government of Sudan’’ shall not include the Gov-
ernment 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
908 
(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 appropriated under the heading ‘‘Economic Sup-
port Fund’’ in this Act that are made available for pro-
grams and activities to counter extremism in the Horn of 
Africa and the Pan Sahel region of Africa, shall be admin-
istered by the United States Agency for International De-
velopment, 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 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 
Appropriations that such government is cooperating
909 
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. 
(e) ZIMBABWE.—
910 
(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 unless the Secretary of 
State makes the determination pursuant to sub-
section (e)(1). 
ASIA 
SEC. 7071. (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 
and vote of the United States to support projects in 
Tibet if such projects do not provide incentives for
911 
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-
tion of funds of the respective bank to and for 
Burma.
912 
(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 provi-
sion of humanitarian assistance to displaced Bur-
mese along Burma’s borders: Provided, That such 
funds may be made available notwithstanding any 
other provision of law: Provided further, That in ad-
dition to assistance for Burmese refugees provided 
under the heading ‘‘Migration and Refugee Assist-
ance’’ 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: 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
913 
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 in the explanatory 
statement described in section 4 (in the matter pre-
ceding 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 ca-
pacity building of Indonesian human rights organi-
zations, including in Papua. 
(d) CAMBODIA.—Funds appropriated under the head-
ing ‘‘Economic 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 Gov-
ernment of Cambodia to combat human trafficking, not-
withstanding 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.
914 
(2) Of the funds made available under the 
heading ‘‘International 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 available for obligation for en-
ergy-related assistance for North Korea unless the 
Secretary of State determines and reports to the 
Committees on Appropriations that North Korea is 
continuing 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 ap-
propriated under the heading ‘‘Development Assist-
ance’’ in this Act, not less than $11,000,000 shall 
be made available to United States educational insti-
tutions and nongovernmental organizations for pro-
grams 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 ‘‘Diplomatic and Consular Programs’’ in
915 
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. 
(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 pro-
vided by the People’s Republic of China to govern-
ments and entities in Latin America and Africa dur-
ing 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 head-
ing ‘‘Diplomatic and Consular Programs’’ in this 
Act, $1,000,000 shall be made available to the Bu-
reau of International Information Programs to dis-
seminate information, in Mandarin, in the People’s 
Republic of China: Provided, That such information 
shall include issues of governance, transparency, cor-
ruption, rule of law, and the environment, and the
916 
findings of the report required by paragraph (3) of 
this subsection, and shall be disseminated through 
the Internet, text messaging or other means, and di-
rected to economically depressed areas of the Peo-
ple’s Republic of China: Provided further, That such 
funds are in addition to funds otherwise made avail-
able for such purposes: Provided further, That the 
Department of State shall consult with the Commit-
tees 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 activi-
ties 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 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. 
(g) PHILIPPINES.—Of the funds appropriated by this 
Act under the heading ‘‘Foreign Military Financing Pro-
917 
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 Extra-ju-
dicial, Summary or Arbitrary Executions, to include 
prosecutions and convictions for extrajudicial execu-
tions; sustaining the decline in the number of extra- 
judicial executions; addressing allegations of a death 
squad in Davao City; and strengthening government 
institutions working to eliminate extra-judicial exe-
cutions; 
(2) the Government of the Philippines is imple-
menting a policy of promoting military personnel 
who demonstrate professionalism and respect for 
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.
918 
(h) 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. 7072. (a) Funds appropriated by this Act may 
be made available for assistance for the central Govern-
ment of Serbia after May 31, 2009, if the President has 
made the determination and certification contained in sub-
section (c). 
(b) After May 31, 2009, 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). 
(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
919 
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 humanitarian assist-
ance or assistance to promote democracy. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 7073. (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-
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.
920 
(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 
nuclear reactor, related nuclear research facilities or 
programs, or ballistic missile capability; and 
(B) is providing full access to international non- 
government 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
921 
(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; 
(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.
922 
REPRESSION IN THE RUSSIAN FEDERATION 
SEC. 7074. (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 dis-
criminate, or which has as its principal effect discrimina-
tion, against religious groups or religious communities in 
the Russian Federation in violation of accepted inter-
national agreements on human rights and religious free-
doms to which the Russian Federation is a party; and (2) 
is (A) honoring its international obligations regarding 
freedom of expression, assembly, and press, as well as due 
process; (B) investigating and prosecuting law enforce-
ment personnel credibly alleged to have committed human 
rights abuses against political leaders, activists and jour-
nalists; and (C) immediately releasing political leaders, ac-
tivists and journalists who remain in detention. 
(b) The Secretary of State may waive the require-
ments of subsection (a) if the Secretary determines that
923 
to do so is important to the national interests of the 
United States. 
CENTRAL ASIA 
SEC. 7075. (a) Funds appropriated by this Act may 
be made available for assistance for the Government of 
Kazakhstan only if the Secretary of State determines and 
reports to the Committees on Appropriations that the Gov-
ernment of Kazakhstan has made significant improve-
ments in the protection of human rights and civil liberties 
during the preceding 6 month period, including by ful-
filling obligations recommended by the Organization for 
Security and Cooperation in Europe (OSCE) in the areas 
of election procedures, media freedom, freedom of religion, 
free assembly and minority rights, and by meeting the 
commitments it made in connection with its assumption 
of the Chairmanship of the OSCE in 2010. 
(b) The Secretary of State may waive subsection (a) 
if the Secretary determines and reports to the Committees 
on Appropriations that such a waiver is important to the 
national security of the United States. 
(c) Not later than October 1, 2009, the Secretary of 
State shall submit a report to the Committees on Appro-
priations describing the following: 
(1) The defense articles, defense services, and 
financial assistance provided by the United States to
924 
the countries of Central Asia during the 12-month 
period ending 30 days prior to submission of such 
report. 
(2) The use during such period of defense arti-
cles, defense services, and financial assistance pro-
vided by the United States by units of the armed 
forces, border guards, or other security forces of 
such countries. 
(d) For purposes of this section, the term ‘‘countries 
of Central Asia’’ means Uzbekistan, Kazakhstan, Kyrgyz 
Republic, Tajikistan, and Turkmenistan. 
UZBEKISTAN 
SEC. 7076. (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,
925 
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
926 
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. 7077. Of the funds appropriated under titles III 
and IV of this Act, not less than $1,041,950,000 should 
be made available for assistance for Afghanistan, of which 
not less than $100,000,000 shall be made available to sup-
port programs that directly address the needs of Afghan 
women and girls, including for the Afghan Independent 
Human Rights Commission, the Afghan Ministry of Wom-
en’s Affairs, and for women-led nonprofit organizations in 
Afghanistan. 
ENTERPRISE FUNDS 
SEC. 7078. (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
927 
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. 7079. (a) CONTRIBUTION.—Of the funds made 
available under the headings ‘‘International Organizations 
and Programs’’ and ‘‘Global Health and Child Survival’’ 
in this Act for fiscal year 2009, $50,000,000 shall be 
made available for the United Nations Population Fund 
(UNFPA), of which not more than $30,000,000 shall be 
derived from funds appropriated under the heading 
‘‘International Organizations and Programs’’. 
(b) AVAILABILITY OF FUNDS.—Funds appropriated 
by this Act for UNFPA, that are not made available be-
cause of the operation of any provision of law, shall be 
made available to UNFPA notwithstanding any such pro-
vision of law, subject to the regular notification procedures 
of the Committees on Appropriations, only for the fol-
lowing purposes and subject to the provisions of this sec-
tion— 
(1) provide and distribute equipment, medicine, 
and supplies, including safe delivery kits and hygiene 
kits, to ensure safe childbirth and emergency obstet-
ric care;
928 
(2) make available supplies of contraceptives for 
the prevention of unintended pregnancies and the 
spread of sexually transmitted infections, including 
HIV/AIDS; 
(3) prevent and treat cases of obstetric fistula; 
(4) reestablish maternal health services in areas 
where medical infrastructure and such services have 
been destroyed or limited by natural disasters, 
armed conflict, or other factors; 
(5) promote abandonment of female genital mu-
tilation and cutting and child marriage; and 
(6) promote access to basic services, including 
clean water, sanitation facilities, food, and health 
care, for poor women and girls. 
(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 be 
made available if— 
(1) UNFPA maintains funds made available by 
this Act in an account separate from other accounts 
of UNFPA and does not commingle such funds with 
other sums; and
929 
(2) UNFPA does not fund abortions. 
(e) REPORT TO CONGRESS AND WITHOLDING OF 
FUNDS.— 
(1) Not later than 60 days after the date of en-
actment of this Act, the Secretary of State shall sub-
mit a report to the Committees on Appropriations 
indicating the amount of funds that the UNFPA is 
budgeting for the year in which the report is sub-
mitted for a country program in the People’s Repub-
lic of China. 
(2) If the report under this subparagraph indi-
cates 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 obligation for the remainder of the fis-
cal year in which the report is submitted. 
PROHIBITION ON PUBLICITY OR PROPAGANDA 
SEC. 7080. 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
930 
to carry out the provisions of section 316 of Public Law 
96–533. 
OPIC 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7081. (a) AUTHORITY.—Notwithstanding sec-
tion 235(a)(2) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2195(a)(2)), the authority of subsections (a) 
through (c) of section 234 of such Act shall remain in 
effect through September 30, 2009. 
(b) FUNDING.—Whenever the President determines 
that it is in furtherance of the purposes of the Foreign 
Assistance Act of 1961, up to a total of $20,000,000 of 
the 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.
931 
EXTRADITION 
SEC. 7082. (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-
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.
932 
ENERGY AND ENVIRONMENT 
SEC. 7083. (a) CLEAN ENERGY.—Of the funds ap-
propriated by title III of this Act, not less than 
$100,000,000 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. 
(b) CLIMATE CHANGE ADAPTATION.—Of the funds 
appropriated by this Act, up to $10,000,000 shall be made 
available for a United States contribution to the Least De-
veloped Countries Fund to support grants for climate 
change adaptation programs and activities, if the Global 
Environment Facility makes publicly available on its 
website an annual report detailing the criteria used to de-
termine which programs and activities receive funds, the 
manner in which such programs and activities meet such 
criteria, the extent of local involvement in such programs 
and activities, the amount of funds provided, and the re-
sults achieved. 
(c) BIODIVERSITY.—Of the funds appropriated by 
title III of this Act and by prior Acts for fiscal year 2009, 
not less than $195,000,000 shall be made available for
933 
programs and activities which directly protect biodiversity, 
including tropical forests and wildlife, in developing coun-
tries, of which not less than $25,000,000 shall be made 
available for USAID’s conservation programs in the Ama-
zon 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 
of which not less than $2,500,000 shall be made available 
to the United States Fish and Wildlife Service for con-
servation programs in Africa: Provided further, That funds 
appropriated by this Act to carry out the provisions of sec-
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)(1) EXTRACTION OF NATURAL RESOURCES.—The 
Secretary of the Treasury shall inform the managements 
of the international financial institutions and the public 
that it is the policy of the United States to oppose any 
assistance by such institutions (including but not limited
934 
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: (i) accurately accounting for pay-
ments for companies involved in the extraction and export 
of natural resources; (ii) the independent auditing of ac-
counts receiving such payments and the widespread public 
dissemination of the findings of such audits; and (iii) 
verifying government receipts against company payments 
including widespread dissemination of such payment infor-
mation, and disclosing such documents as Host Govern-
ment Agreements, Concession Agreements, and bidding 
documents, allowing in any such dissemination or disclo-
sure for the redaction of, or exceptions for, information 
that is commercially proprietary or that would create com-
petitive disadvantage. 
(2) Not later than 180 days after the enactment of 
this Act, the Secretary of the Treasury shall submit a re-
port to the Committees on Appropriations describing, for 
each international financial institution, the amount and 
type of assistance provided, by country, for the extraction 
and export of oil, gas, coal, timber, or other natural re-
sources in the preceeding 12 months, and whether each 
institution considered, in its proposal for such assistance,
935 
the extent to which the country has functioning systems 
described in paragraph (1). 
PROHIBITION ON PROMOTION OF TOBACCO 
SEC. 7084. 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. 7085. 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.
936 
ANTI-KLEPTOCRACY 
SEC. 7086. (a) In furtherance of the National Strat-
egy to Internationalize Efforts Against Kleptocracy and 
Presidential Proclamation 7750, the Secretary of State 
shall compile and maintain a list of officials of foreign gov-
ernments and their immediate family members who the 
Secretary has credible evidence have been involved in cor-
ruption relating to the extraction of natural resources in 
their countries. 
(b) Any individual on the list compiled under sub-
section (a) shall be ineligible for admission to the United 
States. 
(c) The Secretary may waive the application of sub-
section (b) if the Secretary determines that admission to 
the United States is necessary to attend the United Na-
tions or to further United States law enforcement objec-
tives, or that the circumstances which caused the indi-
vidual to be included on the list have changed sufficiently 
to justify the removal of the individual from the list. 
(d) Not later than 90 days after enactment of this 
Act and 180 days thereafter, the Secretary of State shall 
report in writing, in classified form if necessary, to the 
Committees on Appropriations describing the evidence of 
corruption concerning individuals listed pursuant to sub-
section (a).
937 
TRAINING AND EQUIPMENT REPORTS 
SEC. 7087. (a) The annual foreign military training 
report required by section 656 of the Foreign Assistance 
Act of 1961 shall be submitted by the Secretary of De-
fense and the Secretary of State to the Committees on 
Appropriations by the date specified in that section. 
(b) Not later than 90 days after enactment of this 
Act, the Secretary of State, in consultation with other rel-
evant United States Government agencies, shall submit to 
the Committees on Appropriations a report detailing the 
equipment to be purchased with funds appropriated or 
otherwise made available under the headings ‘‘Andean 
Counterdrug Programs’’, ‘‘International Narcotics Control 
and Law Enforcement’’, and ‘‘Foreign Military Financing 
Program’’ in this Act: Provided, That such report shall 
include a description of the anticipated costs associated 
with the operation and maintenance of such equipment in 
subsequent fiscal years: Provided further, That for the 
purposes of this subsection, ‘‘equipment’’ shall be defined 
as any aircraft, vessel, boat or vehicle. 
TRANSPARENCY AND ACCOUNTABILITY 
SEC. 7088. (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, 2009, the Secretary of State 
shall submit a report to the Committees on Appropriations
938 
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) WORLD BANK.—Section 668(c)(1) of the Consoli-
dated Appropriations Act, 2008 (Public Law 110–161) is 
amended by striking ‘‘that’’ and inserting ‘‘on the extent 
to which’’. 
(c) 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. 
DISABILITY PROGRAMS 
SEC. 7089. (a) Of the funds appropriated by this Act 
under the heading ‘‘Economic Support Fund’’, not less 
than $4,000,000 shall be made available for programs and 
activities administered by the United States Agency for 
International Development (USAID) to address the needs
939 
and protect the rights of people with disabilities in devel-
oping countries, and for programs to make publicly avail-
able information on independent living, advocacy, edu-
cation, and transportation for people with disabilities and 
disability advocacy organizations in developing countries, 
including for the cost of translation. 
(b) Funds appropriated under the heading ‘‘Oper-
ating Expenses’’ in title II of this Act shall be made avail-
able to develop and implement training for staff in over-
seas USAID missions to promote the full inclusion and 
equal participation of people with disabilities in developing 
countries. 
(c) The Secretary of State, the Secretary of the 
Treasury, and the USAID Administrator shall seek to en-
sure that, where appropriate, construction projects funded 
by this Act are accessible to people with disabilities and 
in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards. 
(d) Of the funds made available pursuant to sub-
section (a), not more than 7 percent may be for manage-
ment, oversight and technical support. 
ORPHANS, DISPLACED AND ABANDONED CHILDREN 
SEC. 7090. Of the funds appropriated under title III 
of this Act, $3,000,000 should be made available for ac-
tivities to improve the capacity of foreign government
940 
agencies and nongovernmental organizations to prevent 
child abandonment, address the needs of orphans, dis-
placed and abandoned children and provide permanent 
homes through family reunification, guardianship and do-
mestic adoptions: Provided, That funds made available 
under title III of this Act should be made available, as 
appropriate, consistent with— 
(1) the goal of enabling children to remain in 
the care of their family of origin, but when not pos-
sible, placing children in permanent homes through 
adoption; 
(2) the principle that such placements should be 
based on informed consent which has not been in-
duced by payment or compensation; 
(3) the view that long-term foster care or insti-
tutionalization are not permanent options and 
should be used when no other suitable permanent 
options are available; and 
(4) the recognition that programs that protect 
and support families can reduce the abandonment 
and exploitation of children. 
SRI LANKA 
SEC. 7091. (a) None of the funds appropriated by 
this Act under the heading ‘‘Foreign Military Financing 
Program’’ may be made available for assistance for Sri 
Lanka, no defense export license may be issued, and no
941 
military equipment or technology shall be sold or trans-
ferred to Sri Lanka pursuant to the authorities contained 
in this Act or any other Act, until the Secretary of State 
certifies to the Committee on Appropriations that— 
(1) the Sri Lankan military is suspending and 
the Government of Sri Lanka is bringing to justice 
members of the military who have been credibly al-
leged to have violated internationally recognized 
human rights or international humanitarian law, in-
cluding complicity in the recruitment of child sol-
diers; 
(2) the Government of Sri Lanka is providing 
access to humanitarian organizations and journalists 
throughout the country consistent with international 
humanitarian law; and 
(3) the Government of Sri Lanka has agreed to 
the establishment of a field presence of the Office of 
the United Nations High Commissioner for Human 
Rights in Sri Lanka with sufficient staff and man-
date to conduct full and unfettered monitoring 
throughout the country and to publicize its findings. 
(b) Subsection (a) shall not apply to technology or 
equipment made available for the limited purposes of mar-
itime and air surveillance, including communications
942 
equipment previously committed or approved for the lim-
ited purposes of air and maritime surveillance. 
EXPORT-IMPORT BANK RESCISSION 
(INCLUDING RESCISSIONS) 
SEC. 7092. (a) Of the funds appropriated under the 
heading ‘‘Subsidy Appropriation’’ for the Export-Import 
Bank of the United States that are available for tied-aid 
grants in prior Acts making appropriations for foreign op-
erations, 
export 
financing, 
and 
related 
programs, 
$17,000,000 are rescinded. 
(b) Of the unobligated balances available under the 
heading ‘‘Subsidy Appropriation’’ for the Export-Import 
Bank of the United States in Public Law 109–102, 
$27,000,000 are rescinded. 
This division may be cited as the ‘‘Department of 
State, Foreign Operations, and Related Programs Appro-
priations Act, 2009’’.
943 
DIVISION I—TRANSPORTATION, HOUSING AND 
URBAN 
DEVELOPMENT, 
AND 
RELATED 
AGENCIES APPROPRIATONS ACT, 2009 
TITLE I 
DEPARTMENT OF TRANSPORTATION 
OFFICE OF THE SECRETARY 
SALARIES AND EXPENSES 
For necessary expenses of the Office of the Secretary, 
$98,248,000, of which not to exceed $2,400,000 shall be 
available for the immediate Office of the Secretary; not 
to exceed $759,000 shall be available for the immediate 
Office of the Deputy Secretary; not to exceed $19,838,000 
shall be available for the Office of the General Counsel; 
not to exceed $10,107,000 shall be available for the Office 
of the Under Secretary of Transportation for Policy; not 
to exceed $10,200,000 shall be available for the Office of 
the Assistant Secretary for Budget and Programs; not to 
exceed $2,400,000 shall be available for the Office of the 
Assistant Secretary for Governmental Affairs; not to ex-
ceed $26,000,000 shall be available for the Office of the 
Assistant Secretary for Administration; not to exceed 
$2,020,000 shall be available for the Office of Public Af-
fairs; not to exceed $1,595,000 shall be available for the 
Office of the Executive Secretariat; not to exceed 
$1,369,000 shall be available for the Office of Small and
944 
Disadvantaged Business Utilization; not to exceed 
$8,675,000 for the Office of Intelligence, Security, and 
Emergency Response; and not to exceed $12,885,000 shall 
be available for the Office of the Chief Information Offi-
cer: Provided, That the Secretary of Transportation is au-
thorized to transfer funds appropriated for any office of 
the Office of the Secretary to any other office of the Office 
of the Secretary: Provided further, That no appropriation 
for any office shall be increased or decreased by more than 
5 percent by all such transfers: Provided further, That no-
tice of any change in funding greater than 5 percent shall 
be submitted for approval to the House and Senate Com-
mittees on Appropriations: Provided further, That not to 
exceed $60,000 shall be for allocation within the Depart-
ment for official reception and representation expenses as 
the Secretary may determine: Provided further, That not-
withstanding any other provision of law, excluding fees au-
thorized in Public Law 107–71, there may be credited to 
this appropriation up to $2,500,000 in funds received in 
user fees: Provided further, That none of the funds pro-
vided in this Act shall be available for the position of As-
sistant Secretary for Public Affairs: Provided further, That 
of the funds provided under this heading, $100,000 shall 
be provided through reimbursement to the Department of
945 
Transportation’s Office of Inspector General to audit the 
Working Capital Fund’s financial statements. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems, 
and reengineering business processes, $5,000,000, to re-
main available until expended. 
OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$9,384,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
tivities, and making grants, to remain available until ex-
pended, $18,300,000. 
WORKING CAPITAL FUND 
Necessary expenses for operating costs and capital 
outlays of the Working Capital Fund, not to exceed 
$128,094,000, shall be paid from appropriations made 
available to the Department of Transportation: Provided, 
That such services shall be provided on a competitive basis 
to entities within the Department of Transportation: Pro-
vided further, That the above limitation on operating ex-
penses shall not apply to non-DOT entities: Provided fur-
ther, That no funds appropriated in this Act to an agency
946 
of the Department shall be transferred to the Working 
Capital Fund without the approval of the agency modal 
administrator: Provided further, That no assessments may 
be levied against any program, budget activity, subactivity 
or project funded by this Act unless notice of such assess-
ments and the basis therefor are presented to the House 
and Senate Committees on Appropriations and are ap-
proved by such Committees. 
MINORITY BUSINESS RESOURCE CENTER PROGRAM 
For the cost of guaranteed loans, $353,000, as au-
thorized by 49 U.S.C. 332: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as de-
fined in section 502 of the Congressional Budget Act of 
1974: Provided further, That these funds are available to 
subsidize total loan principal, any part of which is to be 
guaranteed, not to exceed $18,367,000. In addition, for 
administrative expenses to carry out the guaranteed loan 
program, $559,000. 
MINORITY BUSINESS OUTREACH 
For necessary expenses of Minority Business Re-
source Center outreach activities, $3,056,000, to remain 
available until September 30, 2010: Provided, That not-
withstanding 49 U.S.C. 332, these funds may be used for 
business opportunities related to any mode of transpor-
tation.
947 
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
(INCLUDING TRANSFER OF FUNDS) 
In addition to funds made available from any other 
source to carry out the essential air service program under 
49 U.S.C. 41731 through 41742, $73,013,000, to be de-
rived from the Airport and Airway Trust Fund, to remain 
available until expended: Provided, That, in determining 
between or among carriers competing to provide service 
to a community, the Secretary may consider the relative 
subsidy requirements of the carriers: Provided further, 
That, if the funds under this heading are insufficient to 
meet the costs of the essential air service program in the 
current fiscal year, the Secretary shall transfer such sums 
as may be necessary to carry out the essential air service 
program from any available amounts appropriated to or 
directly administered by the Office of the Secretary for 
such fiscal year. 
COMPENSATION FOR AIR CARRIERS 
(RESCISSION) 
Of the amounts made available under this heading, 
all unobligated balances as of the date of enactment of 
this Act are hereby permanently rescinded.
948 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE 
SECRETARY OF TRANSPORTATION 
SEC. 101. The Secretary of Transportation is author-
ized to transfer the unexpended balances available for the 
bonding assistance program from ‘‘Office of the Secretary, 
Salaries and expenses’’ to ‘‘Minority Business Outreach’’. 
SEC. 102. None of the funds made available in this 
Act to the Department of Transportation may be obligated 
for the Office of the Secretary of Transportation to ap-
prove assessments or reimbursable agreements pertaining 
to funds appropriated to the modal administrations in this 
Act, except for activities underway on the date of enact-
ment of this Act, unless such assessments or agreements 
have completed the normal reprogramming process for 
Congressional notification. 
SEC. 103. None of the funds made available under 
this Act may be obligated or expended to establish or im-
plement a program under which essential air service com-
munities are required to assume subsidy costs commonly 
referred to as the EAS local participation program. 
SEC. 104. The Secretary or his or her designee may 
engage in activities with States and State legislators to 
consider proposals related to the reduction of motorcycle 
fatalities.
949 
FEDERAL AVIATION ADMINISTRATION 
OPERATIONS 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses of the Federal Aviation Ad-
ministration, not otherwise provided for, including oper-
ations and research activities related to commercial space 
transportation, administrative expenses for research and 
development, establishment of air navigation facilities, the 
operation (including leasing) and maintenance of aircraft, 
subsidizing the cost of aeronautical charts and maps sold 
to the public, lease or purchase of passenger motor vehi-
cles for replacement only, in addition to amounts made 
available by Public Law 108–176, $9,042,467,000, of 
which $5,238,005,000 shall be derived from the Airport 
and Airway Trust Fund, of which not to exceed 
$7,099,019,000 shall be available for air traffic organiza-
tion activities; not to exceed $1,164,597,000 shall be avail-
able for aviation safety activities; not to exceed 
$14,094,000 shall be available for commercial space trans-
portation activities; not to exceed $111,004,000 shall be 
available for financial services activities; not to exceed 
$96,091,000 shall be available for human resources pro-
gram activities; not to exceed $331,000,000 shall be avail-
able for region and center operations and regional coordi-
nation activities; not to exceed $180,859,000 shall be 
available for staff offices; and not to exceed $46,500,000
950 
shall be available for information services: Provided, That 
not to exceed 2 percent of any budget activity, except for 
aviation safety budget activity, may be transferred to any 
budget activity under this heading: Provided further, That 
no transfer may increase or decrease any appropriation 
by more than 2 percent: Provided further, That any trans-
fer in excess of 2 percent shall be treated as a reprogram-
ming of funds under section 405 of this Act and shall not 
be available for obligation or expenditure except in compli-
ance with the procedures set forth in that section: Pro-
vided further, That the Secretary utilize not less than 
$10,000,000 of the funds provided for aviation safety ac-
tivities to pay for staff increases in the Office of Aviation 
Flight Standards and the Office of Aircraft Certification: 
Provided further, That not later than March 31 of each 
fiscal year hereafter, the Administrator of the Federal 
Aviation Administration shall transmit to Congress an an-
nual update to the report submitted to Congress in De-
cember 2004 pursuant to section 221 of Public Law 108– 
176: Provided further, That the amount herein appro-
priated shall be reduced by $100,000 for each day after 
March 31 that such report has not been submitted to the 
Congress: Provided further, That funds may be used to 
enter into a grant agreement with a nonprofit standard- 
setting organization to assist in the development of avia-
951 
tion safety standards: Provided further, That none of the 
funds in this Act shall be available for new applicants for 
the second career training program: Provided further, 
That none of the funds in this Act shall be available for 
the Federal Aviation Administration to finalize or imple-
ment any regulation that would promulgate new aviation 
user fees not specifically authorized by law after the date 
of the enactment of this Act: Provided further, That there 
may be credited to this appropriation funds received from 
States, counties, municipalities, foreign authorities, other 
public authorities, and private sources, for expenses in-
curred in the provision of agency services, including re-
ceipts for the maintenance and operation of air navigation 
facilities, and for issuance, renewal or modification of cer-
tificates, including airman, aircraft, and repair station cer-
tificates, or for tests related thereto, or for processing 
major repair or alteration forms: Provided further, That 
of the funds appropriated under this heading, not less 
than $9,000,000 shall be for the contract tower cost-shar-
ing program: Provided further, That none of the funds in 
this Act shall be available for paying premium pay under 
5 U.S.C. 5546(a) to any Federal Aviation Administration 
employee unless such employee actually performed work 
during the time corresponding to such premium pay: Pro-
vided further, That none of the funds in this Act for aero-
952 
nautical charting and cartography are available for activi-
ties conducted by, or coordinated through, the Working 
Capital Fund: Provided further, That none of the funds 
in this Act may be obligated or expended for an employee 
of the Federal Aviation Administration to purchase a store 
gift card or gift certificate through use of a Government- 
issued credit card. 
FACILITIES AND EQUIPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, 
for acquisition, establishment, technical support services, 
improvement by contract or purchase, and hire of air navi-
gation and experimental facilities and equipment, as au-
thorized under part A of subtitle VII of title 49, United 
States Code, including initial acquisition of necessary sites 
by lease or grant; engineering and service testing, includ-
ing construction of test facilities and acquisition of nec-
essary sites by lease or grant; construction and furnishing 
of quarters and related accommodations for officers and 
employees of the Federal Aviation Administration sta-
tioned at remote localities where such accommodations are 
not available; and the purchase, lease, or transfer of air-
craft from funds available under this heading, including 
aircraft for aviation regulation and certification; to be de-
rived from the Airport and Airway Trust Fund, 
$2,742,095,000, of which $2,281,595,000 shall remain
953 
available until September 30, 2011, and of which 
$460,500,000 shall remain available until September 30, 
2009: Provided, That there may be credited to this appro-
priation funds received from States, counties, municipali-
ties, other public authorities, and private sources, for ex-
penses incurred in the establishment and modernization 
of air navigation facilities: Provided further, That upon ini-
tial submission to the Congress of the fiscal year 2010 
President’s budget, the Secretary of Transportation shall 
transmit to the Congress a comprehensive capital invest-
ment plan for the Federal Aviation Administration which 
includes funding for each budget line item for fiscal years 
2010 through 2014, with total funding for each year of 
the plan constrained to the funding targets for those years 
as estimated and approved by the Office of Management 
and Budget: Provided further, That the Secretary of 
Transportation shall conduct an analysis that compares 
the current status of air traffic management and the na-
tional airspace system to the planned architecture of the 
‘‘next generation’’ air transportation system: Provided fur-
ther, That upon initial submission to the Congress of the 
fiscal year 2010 President’s budget, the Secretary of 
Transportation shall transmit to the Congress an interim 
architecture for the ‘‘next generation’’ air transportation 
system that establishes a list of priority capabilities to be
954 
achieved by 2017 and provides an estimated cost for each 
of those priorities. 
RESEARCH, ENGINEERING, AND DEVELOPMENT 
(AIRPORT AND AIRWAY TRUST FUND) 
For necessary expenses, not otherwise provided for, 
for research, engineering, and development, as authorized 
under part A of subtitle VII of title 49, United States 
Code, including construction of experimental facilities and 
acquisition of necessary sites by lease or grant, 
$171,000,000, to be derived from the Airport and Airway 
Trust Fund and to remain available until September 30, 
2011: Provided, That there may be credited to this appro-
priation as offsetting collections, funds received from 
States, counties, municipalities, other public authorities, 
and private sources, which shall be available for expenses 
incurred for research, engineering, and development. 
GRANTS-IN-AID FOR AIRPORTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(AIRPORT AND AIRWAY TRUST FUND) 
For liquidation of obligations incurred for grants-in- 
aid for airport planning and development, and noise com-
patibility planning and programs as authorized under sub-
chapter I of chapter 471 and subchapter I of chapter 475 
of title 49, United States Code, and under other law au-
thorizing such obligations; for procurement, installation,
955 
and commissioning of runway incursion prevention devices 
and systems at airports of such title; for grants authorized 
under section 41743 of title 49, United States Code; and 
for inspection activities and administration of airport safe-
ty programs, including those related to airport operating 
certificates under section 44706 of title 49, United States 
Code, $3,600,000,000 to be derived from the Airport and 
Airway Trust Fund and to remain available until ex-
pended: Provided, That none of the funds under this head-
ing shall be available for the planning or execution of pro-
grams the obligations for which are in excess of 
$3,514,500,000 in fiscal year 2009, notwithstanding sec-
tion 47117(g) of title 49, United States Code: Provided 
further, That none of the funds under this heading shall 
be available for the replacement of baggage conveyor sys-
tems, reconfiguration of terminal baggage areas, or other 
airport improvements that are necessary to install bulk ex-
plosive detection systems: Provided further, That notwith-
standing any other provision of law, of funds limited under 
this heading, not more than $87,454,000 shall be obli-
gated for administration, not less than $15,000,000 shall 
be available for the airport cooperative research program, 
not less than $19,348,000 shall be for Airport Technology 
Research, and $8,000,000, to remain available until ex-
pended, shall be available and transferred to ‘‘Office of
956 
the Secretary, Salaries and Expenses’’ to carry out the 
Small Community Air Service Development Program. 
(RESCISSION) 
Of the amounts authorized under sections 48103 and 
48112 of title 49, United States Code, $80,000,000 are 
permanently rescinded from amounts authorized for the 
fiscal year ending September 30, 2009. 
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 
ADMINISTRATION 
SEC. 110. None of the funds in this Act may be used 
to compensate in excess of 600 technical staff-years under 
the federally funded research and development center con-
tract between the Federal Aviation Administration and the 
Center for Advanced Aviation Systems Development dur-
ing fiscal year 2009. 
SEC. 111. None of the funds in this Act shall be used 
to pursue or adopt guidelines or regulations requiring air-
port sponsors to provide to the Federal Aviation Adminis-
tration without cost building construction, maintenance, 
utilities and expenses, or space in airport sponsor-owned 
buildings for services relating to air traffic control, air 
navigation, or weather reporting: Provided, That the pro-
hibition of funds in this section does not apply to negotia-
tions between the agency and airport sponsors to achieve 
agreement on ‘‘below-market’’ rates for these items or to 
grant assurances that require airport sponsors to provide
957 
land without cost to the FAA for air traffic control facili-
ties. 
SEC. 112. The Administrator of the Federal Aviation 
Administration may reimburse amounts made available to 
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 
49 U.S.C. 45303: Provided, That during fiscal year 2009, 
49 U.S.C. 41742(b) shall not apply, and any amount re-
maining in such account at the close of that fiscal year 
may be made available to satisfy section 41742(a)(1) for 
the subsequent fiscal year. 
SEC. 113. Amounts collected under section 40113(e) 
of title 49, United States Code, shall be credited to the 
appropriation current at the time of collection, to be 
merged with and available for the same purposes of such 
appropriation. 
SEC. 114. None of the funds appropriated or limited 
by this Act may be used to change weight restrictions or 
prior permission rules at Teterboro airport in Teterboro, 
New Jersey. 
SEC. 115. (a) No funds provided in this Act may be 
used by the Secretary of Transportation to promulgate 
regulations or take any action regarding the scheduling 
of airline operations at any commercial airport in the 
United States if such regulation or action involves:
958 
(1) the auctioning by the Secretary or the FAA 
Administrator of rights or permission to conduct air-
line operations at such an airport, 
(2) the implementation by said Secretary or Ad-
ministrator of peak-period or other forms of conges-
tion pricing at such an airport, 
(3) either: 
(A) withdrawal by the Secretary or Admin-
istrator of a right or permission to conduct op-
erations at such an airport (except when the 
withdrawal is for operational reasons or pursu-
ant to the terms or conditions of such operating 
right or permission), or 
(B) requiring a carrier to transfer involun-
tarily any such right or permission to another 
person, 
(4) the charging by the Secretary or Adminis-
trator of a fee for the right or permission to use 
navigable airspace at such an airport, or 
(5) requiring or providing incentives or dis-
incentives to airport proprietors to take such actions 
themselves. 
(b) Nothing in this section shall be construed to: 
(1) prohibit the Secretary or the Administrator 
from imposing per-operation limitations on airports
959 
for the purpose of alleviating congestion at such air-
ports, 
(2) prohibit individual airports from imple-
menting peak-period or other congestion pricing at 
such airports, consistent with regulations pertaining 
to airport rates and charges, or 
(3) limit the ability of a State, political subdivi-
sion of a State, or political authority of at least two 
States that owns or operates a commercial airport 
from carrying out its proprietary powers and rights. 
SEC. 116. None of the funds limited by this Act for 
grants under the Airport Improvement Program shall be 
made available to the sponsor of a commercial service air-
port if such sponsor fails to agree to a request from the 
Secretary of Transportation for cost-free space in a non- 
revenue producing, public use area of the airport terminal 
or other airport facilities for the purpose of carrying out 
a public service air passenger rights and consumer out-
reach campaign. 
SEC. 117. Within 60 days of the publication date of 
any Government Accountability Office report reviewing 
the Federal Aviation Administration’s project to redesign 
the airspace over the New York, New Jersey, and Phila-
delphia region, the Administrator of the Federal Aviation 
Administration shall report in writing to the Committee
960 
on Appropriations and the Committee on Commerce, 
Science, and Transportation, on actions the agency in-
tends to take in order to address any concerns and rec-
ommendations identified in the Government Account-
ability Office report. 
SEC. 118. The Secretary shall apportion to the spon-
sor of an airport that received scheduled or unscheduled 
air service from a large certified air carrier (as defined 
in part 241 of title 14 Code of Federal Regulations, or 
such other regulations as may be issued by the Secretary 
under the authority of section 41709) an amount equal 
to the minimum apportionment specified in 49 U.S.C. 
47114(c), if the Secretary determines that airport had 
more than 10,000 passenger boardings in the preceding 
calendar year, based on data submitted to the Secretary 
under part 241 of title 14, Code of Federal Regulations. 
FEDERAL HIGHWAY ADMINISTRATION 
LIMITATION ON ADMINISTRATIVE EXPENSES 
(INCLUDING TRANSFER OF FUNDS) 
Not to exceed $390,000,000, together with advances 
and reimbursements received by the Federal Highway Ad-
ministration, shall be paid in accordance with law from 
appropriations made available by this Act to the Federal 
Highway Administration for necessary expenses for ad-
ministration and operation. In addition, not to exceed 
$3,524,000 shall be paid from appropriations made avail-
961 
able by this Act and transferred to the Department of 
Transportation’s Office of Inspector General for costs as-
sociated with audits and investigations of projects and 
programs of the Federal Highway Administration, and not 
to exceed $300,000 shall be paid from appropriations 
made available by this Act and provided to that office 
through reimbursement to conduct the annual audits of 
financial statements in accordance with section 3521 of 
title 31, United States Code. In addition, not to exceed 
$3,124,000 shall be paid from appropriations made avail-
able by this Act and transferred to the Appalachian Re-
gional Commission in accordance with section 104 of title 
23, United States Code. 
FEDERAL-AID HIGHWAYS 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
None of the funds in this Act shall be available for 
the implementation or execution of programs, the obliga-
tions for which are in excess of $40,700,000,000 for Fed-
eral-aid highways and highway safety construction pro-
grams for fiscal year 2009: Provided, That within the 
$40,700,000,000 obligation limitation on Federal-aid 
highways and highway safety construction programs, not 
more than $429,800,000 shall be available for the imple-
mentation or execution of programs for transportation re-
search (chapter 5 of title 23, United States Code; sections
962 
111, 5505, and 5506 of title 49, United States Code; and 
title 5 of Public Law 109–59) for fiscal year 2009: Pro-
vided further, That this limitation on transportation re-
search programs shall not apply to any authority pre-
viously made available for obligation: Provided further, 
That the Secretary may, as authorized by section 605(b) 
of title 23, United States Code, collect and spend fees to 
cover the costs of services of expert firms, including coun-
sel, in the field of municipal and project finance to assist 
in the underwriting and servicing of Federal credit instru-
ments and all or a portion of the costs to the Federal Gov-
ernment of servicing such credit instruments: Provided 
further, That such fees are available until expended to pay 
for such costs: Provided further, That such amounts are 
in addition to administrative expenses that are also avail-
able for such purpose, and are not subject to any obliga-
tion limitation or the limitation on administrative expenses 
under section 608 of title 23, United States Code. 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(HIGHWAY TRUST FUND) 
For carrying out the provisions of title 23, United 
States Code, that are attributable to Federal-aid high-
ways, not otherwise provided, including reimbursement for 
sums expended pursuant to the provisions of 23 U.S.C. 
308, $41,439,000,000 or so much thereof as may be avail-
able in and derived from the Highway Trust Fund (other
963 
than the Mass Transit Account), to remain available until 
expended. 
(RESCISSION) 
(HIGHWAY TRUST FUND) 
Of the unobligated balances of funds apportioned to 
each State under chapter 1 of title 23, United States 
Code, $3,150,000,000 are permanently rescinded: Pro-
vided, That such rescission shall not apply to the funds 
distributed in accordance with sections 130(f) and 
104(b)(5) of title 23, United States Code; sections 
133(d)(1) and 163 of such title, as in effect on the day 
before the date of enactment of Public Law 109–59; and 
the first sentence of section 133(d)(3)(A) of such title: 
Provided further, That notwithstanding section 1132 of 
Public Law 110–140, in administering the rescission re-
quired under this heading, the Secretary of Transpor-
tation shall allow each State to determine the amount of 
the required rescission to be drawn from the programs to 
which the rescission applies. 
APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM 
For necessary expenses for West Virginia corridor H 
of the Appalachian Development Highway System as au-
thorized under section 1069(y) of Public Law 102–240, 
as amended, $9,500,000, to remain available until ex-
pended.
964 
DENALI ACCESS SYSTEM PROGRAM 
For necessary expenses for the Denali Access System 
Program as authorized under section 1960 of Public Law 
109–59, $5,700,000, to remain available until expended. 
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 
ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 120. (a) For fiscal year 2009, the Secretary of 
Transportation shall— 
(1) not distribute from the obligation limitation 
for Federal-aid highways amounts authorized for ad-
ministrative expenses and programs by section 
104(a) of title 23, United States Code; programs 
funded from the administrative takedown authorized 
by section 104(a)(1) of title 23, United States Code 
(as in effect on the date before the date of enact-
ment of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users); the 
highway use tax evasion program; and the Bureau of 
Transportation Statistics; 
(2) not distribute an amount from the obliga-
tion limitation for Federal-aid highways that is equal 
to the unobligated balance of amounts made avail-
able from the Highway Trust Fund (other than the 
Mass Transit Account) for Federal-aid highways and
965 
highway safety programs for previous fiscal years 
the funds for which are allocated by the Secretary; 
(3) determine the ratio that— 
(A) the obligation limitation for Federal- 
aid highways, less the aggregate of amounts not 
distributed under paragraphs (1) and (2), bears 
to 
(B) the total of the sums authorized to be 
appropriated for Federal-aid highways and 
highway safety construction programs (other 
than sums authorized to be appropriated for 
provisions of law described in paragraphs (1) 
through (9) of subsection (b) and sums author-
ized to be appropriated for section 105 of title 
23, United States Code, equal to the amount 
referred to in subsection (b)(10) for such fiscal 
year), less the aggregate of the amounts not 
distributed under paragraphs (1) and (2) of 
this subsection; 
(4)(A) distribute the obligation limitation for 
Federal-aid highways, less the aggregate amounts 
not distributed under paragraphs (1) and (2), for 
sections 1301, 1302, and 1934 of the Safe, Account-
able, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users; sections 117 (but individually
966 
for each project numbered 1 through 3676 listed in 
the table contained in section 1702 of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users) and section 144(g) of title 
23, United States Code; and section 14501 of title 
40, United States Code, so that the amount of obli-
gation authority available for each of such sections 
is equal to the amount determined by multiplying 
the ratio determined under paragraph (3) by the 
sums authorized to be appropriated for that section 
for the fiscal year; and 
(B) distribute $2,000,000,000 for section 105 
of title 23, United States Code; 
(5) distribute the obligation limitation provided 
for 
Federal-aid 
highways, 
less 
the 
aggregate 
amounts not distributed under paragraphs (1) and 
(2) and amounts distributed under paragraph (4), 
for each of the programs that are allocated by the 
Secretary under the Safe, Accountable, Flexible, Ef-
ficient Transportation Equity Act: A Legacy for 
Users and title 23, United States Code (other than 
to programs to which paragraphs (1) and (4) apply), 
by multiplying the ratio determined under paragraph 
(3) by the amounts authorized to be appropriated 
for each such program for such fiscal year; and
969 
with that section were not subject to a limitation on obli-
gations at the time at which the funds were initially made 
available for obligation. 
(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-
THORITY.—Notwithstanding subsection (a), the Secretary 
shall, after August 1 of such fiscal year, revise a distribu-
tion of the obligation limitation made available under sub-
section (a) if the amount distributed cannot be obligated 
during that fiscal year and redistribute sufficient amounts 
to those States able to obligate amounts in addition to 
those previously distributed during that fiscal year, giving 
priority to those States having large unobligated balances 
of funds apportioned under sections 104 and 144 of title 
23, United States Code. 
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 
TRANSPORTATION RESEARCH PROGRAMS.—The obliga-
tion limitation shall apply to transportation research pro-
grams carried out under chapter 5 of title 23, United 
States Code, and title V (research title) of the Safe, Ac-
countable, Flexible, Efficient Transportation Equity Act: 
A Legacy for Users, except that obligation authority made 
available for such programs under such limitation shall re-
main available for a period of 3 fiscal years and shall be 
in addition to the amount of any limitation imposed on
970 
obligations for Federal-aid highway and highway safety 
construction programs for future fiscal years. 
(e) REDISTRIBUTION
OF
CERTAIN
AUTHORIZED 
FUNDS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the distribution of obligation limitation 
under subsection (a), the Secretary shall distribute 
to the States any funds that— 
(A) are authorized to be appropriated for 
such fiscal year for Federal-aid highways pro-
grams; and 
(B) the Secretary determines will not be 
allocated to the States, and will not be available 
for obligation, in such fiscal year due to the im-
position of any obligation limitation for such 
fiscal year. 
(2) RATIO.—Funds shall be distributed under 
paragraph (1) in the same ratio as the distribution 
of obligation authority under subsection (a)(6). 
(3) AVAILABILITY.—Funds distributed under 
paragraph (1) shall be available for any purposes de-
scribed in section 133(b) of title 23, United States 
Code. 
(f) SPECIAL LIMITATION CHARACTERISTICS.—Obli-
gation limitation distributed for a fiscal year under sub-
971 
section (a)(4) for the provision specified in subsection 
(a)(4) shall— 
(1) remain available until used for obligation of 
funds for that provision; and 
(2) be in addition to the amount of any limita-
tion imposed on obligations for Federal-aid highway 
and highway safety construction programs for future 
fiscal years. 
(g) HIGH PRIORITY PROJECT FLEXIBILITY.— 
(1) IN GENERAL.—Subject to paragraph (2), 
obligation authority distributed for such fiscal year 
under subsection (a)(4) for each project numbered 1 
through 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users may 
be obligated for any other project in such section in 
the same State. 
(2) RESTORATION.—Obligation authority used 
as described in paragraph (1) shall be restored to 
the original purpose on the date on which obligation 
authority is distributed under this section for the 
next fiscal year following obligation under paragraph 
(1). 
(h) LIMITATION ON STATUTORY CONSTRUCTION.— 
Nothing in this section shall be construed to limit the dis-
972 
tribution of obligation authority under subsection 
(a)(4)(A) for each of the individual projects numbered 
greater than 3676 listed in the table contained in section 
1702 of the Safe, Accountable, Flexible, Efficient Trans-
portation Equity Act: A Legacy for Users. 
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-
ceived by the Bureau of Transportation Statistics from the 
sale of data products, for necessary expenses incurred pur-
suant to 49 U.S.C. 111 may be credited to the Federal- 
aid highways account for the purpose of reimbursing the 
Bureau for such expenses: Provided, That such funds shall 
be subject to the obligation limitation for Federal-aid 
highways and highway safety construction. 
SEC. 122. In addition to amounts provided in this 
or any other Act for fiscal year 2009, $143,031,303, to 
be derived from the Highway Trust Fund (other than the 
Mass Transit Account), shall be available for the Trans-
portation, Community, and System Preservation Program 
under section 1117 of the Safe, Accountable, Flexible, Ef-
ficient Transportation Equity Act: A Legacy for Users 
(Pub. L. 109–59; 119 Stat. 1144, 1177–1179): Provided, 
That all funds made available under this section shall be 
subject to any limitation on obligations for Federal-aid 
highways and highway safety construction programs set 
forth in this Act or any other Act: Provided further, That
973 
such funds shall be administered in accordance with sec-
tion 1117(g)(2) of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users. 
SEC. 123. Of the amounts made available under sec-
tion 104(a) of title 23, United States Code, $33,401,492 
are permanently rescinded. 
SEC. 124. Of the unobligated balances of funds made 
available in fiscal year 2005 and prior fiscal years for the 
implementation or execution of programs for transpor-
tation research, training and education, and technology 
deployment including intelligent transportation systems, 
$11,756,527 are permanently rescinded. 
SEC. 125. There is hereby appropriated to the Sec-
retary of Transportation $161,326,625 for surface trans-
portation priorities: Provided, That the amount provided 
by this section shall be made available for the programs, 
projects and activities identified under this section in the 
explanatory statement accompanying this Act: Provided 
further, That funds provided by this section, at the request 
of a State, shall be transferred by the Secretary to another 
Federal agency: Provided further, That the Federal share 
payable on account of any program, project, or activity 
carried out with funds set aside by this section shall be 
100 percent: Provided further, That the sums set aside by 
this section shall remain available until expended: Pro-
974 
vided further, That none of the funds set aside by this 
section shall be subject to any limitation on obligations 
for Federal-aid highways and highway safety construction 
programs set forth in this Act or any other Act. 
SEC. 126. Not less than 15 days prior to waiving, 
under his or her statutory authority, any Buy America re-
quirement for Federal-aid highway projects, the Secretary 
of Transportation shall make an informal public notice 
and comment opportunity on the intent to issue such waiv-
er and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the Appropriations Com-
mittees of the Congress on any waivers granted under the 
Buy America requirements. 
SEC. 127. Notwithstanding any other provision of 
law, funds made available in Public Law 110–161 for 
‘‘Bridge over Broadway, Missoula to Rattlesnake National 
Recreation Area, MT’’ shall be available for a new pedes-
trian and bicycle-friendly at-grade crossing of East Broad-
way Street in Missoula, Montana. 
SEC. 128. (a) IN GENERAL.—Except as provided in 
subsection (b), none of the funds made available, limited, 
or otherwise affected by this Act shall be used to approve 
or otherwise authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that—
975 
(1) as of the date of enactment of this Act, is 
not tolled; 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of en-
actment of this Act. 
(b) EXCEPTIONS.— 
(1) NUMBER OF TOLL LANES.—Subsection (a) 
shall not apply to any segment of highway on the 
Federal-aid system described in that subsection that, 
as of the date on which a toll is imposed on the seg-
ment, will have the same number of non-toll lanes as 
were in existence prior to that date. 
(2) HIGH-OCCUPANCY
VEHICLE
LANES.—A 
high-occupancy vehicle lane that is converted to a 
toll lane shall not be subject to this section, and 
shall not be considered to be a non-toll lane for pur-
poses of determining whether a highway will have 
fewer non-toll lanes than prior to the date of imposi-
tion of the toll, if— 
(A) high-occupancy vehicles occupied by 
the number of passengers specified by the enti-
ty operating the toll lane may use the toll lane 
without paying a toll, unless otherwise specified 
by the appropriate county, town, municipal or
976 
other local government entity, or public toll 
road or transit authority; or 
(B) each high-occupancy vehicle lane that 
was converted to a toll lane was constructed as 
a temporary lane to be replaced by a toll lane 
under a plan approved by the appropriate coun-
ty, town, municipal or other local government 
entity, or public toll road or transit authority. 
SEC. 129. (a) In the explanatory statement ref-
erenced in section 129 of division K of Public Law 110– 
161 (121 Stat. 2388), the item relating to ‘‘Route 116 
and Bay Road Intersection and Road Improvements, Am-
herst, MA’’ in the table of projects for such section 129 
is deemed to be amended by inserting ‘‘, including Bike, 
Pedestrian, or Other Off Road Paths’’ after ‘‘Improve-
ments’’. 
(b) In the explanatory statement referenced in section 
129 of division K of Public Law 110–161 (121 Stat. 
2388), the item relating to ‘‘Highway 77 Rail Grade Sepa-
ration, Marion, AR’’, in the table of projects for such sec-
tion 129 is deemed to be amended by striking ‘‘Highway 
77 Rail Grade Separation, Marion, AR’’ and inserting 
‘‘BNSF main line overpass within the Marion, Arkansas, 
planning jurisdiction’’.
977 
(c) In the explanatory statement referenced in section 
186 of division K of Public Law 110–161 (121 Stat. 
2406), in the table of projects under the heading ‘‘Federal 
Highway Administration—Federal-Aid Highways (Limi-
tation on Obligations)—Federal Lands’’ in division K of 
such explanatory statement, the item relating to ‘‘U.S. 
Forest Highway 4, Winston County, Alabama’’ is deemed 
to be amended by striking ‘‘Highway 4’’ and inserting 
‘‘Highway 9’’. 
(d) In the explanatory statement referenced in section 
186 of division K of Public Law 110–161 (121 Stat. 
2406), the item relating to ‘‘Street Improvements in 
Burnham, IL’’ in the table of projects under the heading 
‘‘Transportation, Community and System Preservation 
Program’’ is deemed to be amended by striking ‘‘Street 
Improvements in Burnham, IL’’ and inserting ‘‘Repair of 
Side Streets and Relocation of Water Mains resulting 
from rerouting of traffic and reconstruction of 159th 
Street in Harvey, IL’’. 
(e) In the explanatory statement referenced in section 
186 of division K of Public Law 110–161 (121 Stat. 
2406), the item relating to ‘‘Street Improvements in 
Thornton, IL’’ in the table of projects under the heading 
‘‘Transportation, Community and System Preservation 
Program’’ is deemed to be amended by striking ‘‘Street
978 
Improvements in Thornton, IL’’ and inserting ‘‘Engineer-
ing, Right-of-Way, and Construction of Joe Orr Road Ex-
tension and Main Street Project in Lynwood, IL’’. 
(f) Funds made available from the amount appro-
priated under the heading ‘‘Federal Highway Administra-
tion—Highway Demonstration Projects’’ of title I of the 
Department of Transportation and Related Agencies Ap-
propriations Act, 1992 (Public Law 102–143) for the Mil-
ler Highway from 59th Street to 72nd Street, west side 
of Manhattan, New York, and from the amount appro-
priated under the heading ‘‘Federal Highway Administra-
tion—Highway Projects’’ of title I of the Department of 
Transportation and Related Agencies Appropriations Act, 
1993 (Public Law 102–388) for design improvements on 
Miller Highway, New York City, New York, shall be made 
available for the project specified in item 4599 of section 
1702 of SAFETEA–LU (Public Law 109–59), as amend-
ed by the SAFETEA–LU Technical Corrections Act of 
2008 (Public Law 110–244). 
SEC. 130. Notwithstanding any other provision of 
law, any unexpended amounts available for obligation for 
item number 48 under section 1106(b) of Public Law 
102–240 (105 Stat. 2046) for the Southern State Park-
way Improvement project shall be available for obligation 
and expenditure on the I–90 connector, Rensselaer Coun-
979 
ty, New York, including reimbursement for expenses in-
curred on such connector prior to the date of enactment 
of this section. 
SEC. 131. (a) The table contained in section 1702 
of the Safe, Accountable, Flexible, Efficient Transpor-
tation Equity Act: A Legacy for Users (119 Stat. 1256) 
is amended by striking the project description for item 
number 189 and inserting the following: ‘‘Planning, de-
sign, engineering, environmental analysis, acquisition of 
rights-of-way, and construction for the Long Valley By-
pass’’. 
(b) The table contained in section 1702 of the Safe, 
Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (119 Stat. 1256) is amended by 
striking the project description for item number 3546 and 
inserting the following: ‘‘Port of Coos Bay to acquire and 
repair the Coos Bay Line’’. 
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
(INCLUDING RESCISSION) 
For payment of obligations incurred for administra-
tion of motor carrier safety operations and programs pur-
suant to section 31104(i) of title 49, United States Code,
980 
and sections 4127 and 4134 of Public Law 109–59, 
$234,000,000, to be derived from the Highway Trust 
Fund (other than the Mass Transit Account), together 
with advances and reimbursements received by the Fed-
eral Motor Carrier Safety Administration, the sum of 
which shall remain available until expended: Provided, 
That none of the funds derived from the Highway Trust 
Fund in this Act shall be available for the implementation, 
execution or administration of programs, the obligations 
for which are in excess of $234,000,000, for ‘‘Motor Car-
rier Safety Operations and Programs’’, of which 
$8,500,000, to remain available for obligation until Sep-
tember 30, 2011, is for the research and technology pro-
gram and $1,000,000 shall be available for commercial 
motor vehicle operator’s grants to carry out section 4134 
of Public Law 109–59: Provided further, That notwith-
standing any other provision of law, none of the funds 
under this heading for outreach and education shall be 
available for transfer: Provided further, That the Federal 
Motor Carrier Safety Administration shall transmit to 
Congress a report on March 30, 2009 and September 30, 
2009 on the agency’s ability to meet its requirement to 
conduct compliance reviews on high-risk carriers: Provided 
further, That $4,839,259 in unobligated balances are per-
manently rescinded.
981 
MOTOR CARRIER SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
(INCLUDING RESCISSION) 
For payment of obligations incurred in carrying out 
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 
31313 of title 49, United States Code, and sections 4126 
and 4128 of Public Law 109–59, $307,000,000, to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the implementation or execution of programs, the 
obligations for which are in excess of $307,000,000, for 
‘‘Motor Carrier Safety Grants’’; of which $209,000,000 
shall be available for the motor carrier safety assistance 
program to carry out sections 31102 and 31104(a) of title 
49, United States Code; $25,000,000 shall be available for 
the commercial driver’s license improvements program to 
carry out section 31313 of title 49, United States Code; 
$32,000,000 shall be available for the border enforcement 
grants program to carry out section 31107 of title 49, 
United States Code; $5,000,000 shall be available for the 
performance and registration information system manage-
ment program to carry out sections 31106(b) and 31109 
of title 49, United States Code; $25,000,000 shall be
983 
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR 
CARRIER SAFETY ADMINISTRATION 
SEC. 135. Funds appropriated or limited in this Act 
shall be subject to the terms and conditions stipulated in 
section 350 of Public Law 107–87 and section 6901 of 
Public Law 110–28, including that the Secretary submit 
a report to the House and Senate Appropriations Commit-
tees annually on the safety and security of transportation 
into the United States by Mexico-domiciled motor carriers. 
SEC. 136. None of the funds appropriated or other-
wise made available under this Act may be used, directly 
or indirectly, to establish, implement, continue, promote, 
or in any way permit a cross-border motor carrier dem-
onstration program to allow Mexican-domiciled motor car-
riers to operate beyond the commercial zones along the 
international border between the United States and Mex-
ico, including continuing, in whole or in part, any such 
program that was initiated prior to the date of the enact-
ment of this Act. 
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 
OPERATIONS AND RESEARCH 
For expenses necessary to discharge the functions of 
the Secretary, with respect to traffic and highway safety 
under subtitle C of title X of Public Law 109–59 and 
chapter 301 and part C of subtitle VI of title 49, United
984 
States Code, $127,000,000, of which $31,670,000 shall 
remain available until September 30, 2010: Provided, 
That none of the funds appropriated by this Act may be 
obligated or expended to plan, finalize, or implement any 
rulemaking to add to section 575.104 of title 49 of the 
Code of Federal Regulations any requirement pertaining 
to a grading standard that is different from the three 
grading standards (treadwear, traction, and temperature 
resistance) already in effect. 
OPERATIONS AND RESEARCH 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 403, $105,500,000 to be de-
rived from the Highway Trust Fund (other than the Mass 
Transit Account) and to remain available until expended: 
Provided, That none of the funds in this Act shall be avail-
able for the planning or execution of programs the total 
obligations for which, in fiscal year 2009, are in excess 
of $105,500,000 for programs authorized under 23 U.S.C. 
403: Provided further, That within the $105,500,000 obli-
gation limitation for operations and research, $26,908,000 
shall remain available until September 30, 2010 and shall 
be in addition to the amount of any limitation imposed 
on obligations for future years.
985 
NATIONAL DRIVER REGISTER 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
chapter 303 of title 49, United States Code, $4,000,000, 
to be derived from the Highway Trust Fund (other than 
the Mass Transit Account) and to remain available until 
expended: Provided, That none of the funds in this Act 
shall be available for the implementation or execution of 
programs the total obligations for which, in fiscal year 
2009, are in excess of $4,000,000 for the National Driver 
Register authorized under such chapter. 
HIGHWAY TRAFFIC SAFETY GRANTS 
(LIQUIDATION OF CONTRACT AUTHORIZATION) 
(LLIMITATION ON OBLIGATIONS) 
(HIGHWAY TRUST FUND) 
For payment of obligations incurred in carrying out 
the provisions of 23 U.S.C. 402, 405, 406, 408, and 410 
and sections 2001(a)(11), 2009, 2010, and 2011 of Public 
Law 109–59, to remain available until expended, 
$619,500,000 to be derived from the Highway Trust Fund 
(other than the Mass Transit Account): Provided, That 
none of the funds in this Act shall be available for the 
planning or execution of programs the total obligations for 
which, in fiscal year 2009, are in excess of $619,500,000
986 
for programs authorized under 23 U.S.C. 402, 405, 406, 
408, and 410 and sections 2001(a)(11), 2009, 2010, and 
2011 of Public Law 109–59, of which $235,000,000 shall 
be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402; 
$25,000,000 shall be for ‘‘Occupant Protection Incentive 
Grants’’ under 23 U.S.C. 405; $124,500,000 shall be for 
‘‘Safety Belt Performance Grants’’ under 23 U.S.C. 406, 
and such obligation limitation shall remain available until 
September 30, 2010 in accordance with subsection (f) of 
such section 406 and shall be in addition to the amount 
of any limitation imposed on obligations for such grants 
for future fiscal years; $34,500,000 shall be for ‘‘State 
Traffic Safety Information System Improvements’’ under 
23 U.S.C. 408; $139,000,000 shall be for ‘‘Alcohol-Im-
paired Driving Countermeasures Incentive Grant Pro-
gram’’ under 23 U.S.C. 410; $18,500,000 shall be for 
‘‘Administrative Expenses’’ under section 2001(a)(11) of 
Public Law 109–59; $29,000,000 shall be for ‘‘High Visi-
bility Enforcement Program’’ under section 2009 of Pub-
lic Law 109–59; $7,000,000 shall be for ‘‘Motorcyclist 
Safety’’ under section 2010 of Public Law 109–59; and 
$7,000,000 shall be for ‘‘Child Safety and Child Booster 
Seat Safety Incentive Grants’’ under section 2011 of Pub-
lic Law 109–59: Provided further, That none of these 
funds shall be used for construction, rehabilitation, or re-
987 
modeling costs, or for office furnishings and fixtures for 
State, local or private buildings or structures: Provided 
further, That not to exceed $500,000 of the funds made 
available for section 410 ‘‘Alcohol-Impaired Driving Coun-
termeasures Grants’’ shall be available for technical assist-
ance to the States: Provided further, That not to exceed 
$750,000 of the funds made available for the ‘‘High Visi-
bility Enforcement Program’’ shall be available for the 
evaluation required under section 2009(f) of Public Law 
109–59. 
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 
TRAFFIC SAFETY ADMINISTRATION 
(INCLUDING RESCISSIONS) 
SEC. 140. Notwithstanding any other provision of law 
or limitation on the use of funds made available under 
section 403 of title 23, United States Code, an additional 
$130,000 shall be made available to the National Highway 
Traffic Safety Administration, out of the amount limited 
for section 402 of title 23, United States Code, to pay 
for travel and related expenses for State management re-
views and to pay for core competency development train-
ing and related expenses for highway safety staff. 
SEC. 141. Of the amounts made available under the 
heading ‘‘Operations and Research (Liquidation of Con-
tract Authorization) (Limitation on Obligations) (High-
way Trust Fund)’’ in prior appropriations Acts,
988 
$10,900,000 in unobligated balances are permanently re-
scinded. 
SEC. 142. Of the amounts made available under the 
heading ‘‘National Driver Register (Liquidation of Con-
tract Authorization) (Limitation on Obligations) (High-
way Trust Fund)’’ in prior appropriations Acts, $544,000 
in unobligated balances are permanently rescinded. 
SEC. 143. Of the amounts made available under the 
heading ‘‘Highway Traffic Safety Grants (Liquidation of 
Contract Authorization) (Limitation on Obligations) 
(Highway Trust Fund)’’ in prior appropriations Acts, 
$60,200,000 in unobligated balances are permanently re-
scinded. 
FEDERAL RAILROAD ADMINISTRATION 
SAFETY AND OPERATIONS 
For necessary expenses of the Federal Railroad Ad-
ministration, not otherwise provided for, $159,445,000, of 
which $12,268,890 shall remain available until expended. 
RAILROAD RESEARCH AND DEVELOPMENT 
For necessary expenses for railroad research and de-
velopment, $33,950,000, to remain available until ex-
pended. 
CAPITAL ASSISTANCE TO STATES—INTERCITY 
PASSENGER RAIL SERVICE 
To enable the Federal Railroad Administrator to 
make grants to States for the capital costs of improving