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 123STA T . 33 84PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(3)TheUnit e dS t a te sAg en cyforI nternationa lD e v elo p-m ent shall ens u re that programs supported w ith funds appro- priated for b asic education in this Act and prior Acts are integrated , when appropriate, with health, agriculture, govern- ance, and economic development activities to address the eco- nomic and social needs of the broader community . (b) HIGHEREDUCAT I ON . —O f the funds appropriated by title III of this Act, not less than $20 0,000,000 shall be made available for assistance for higher education, of which not less than $2 5 ,000,000 shall be made available for such assistance for Africa including not less than $ 1 5,000,000 to support partnerships between African and United States institutions of higher education. RECONCI L IATION P ROGRA MS SEC. 7 0 6 5. Of the funds appropriated by title III of this Act under the headings ‘ ‘Economic Support F und ’ ’ and ‘‘Development Assistance’’, $26,000,000 shall be made available to support people to people reconciliation programs which bring together individuals of different ethnic, religious and political bac k grounds from areas of civil strife and war, of which $10,000,000 shall be made available for such programs in the M iddle East
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d, That the Adminis- trator of the United States Agency for International Development shall consult with the C ommittees on Appropriations, prior to the initial obligation of funds, on the most effective uses of such funds. COMPREHENSI V EE X PENDITURES REPORT SEC. 7066. N ot later than 1 8 0 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the total amount of United States G overnment e x penditures in fiscal years 2008 and 200 9, by Federal agency, for assistance programs and activities in each foreign country, identifying the line item as presented in the P resi- dent’s B udget Appendix and the purpose for which the funds were provided: Provided, That if re q uired, information may be submitted in classified form. RE Q UESTS F OR DOCUMENTS SEC. 7067. None of the funds appropriated or made available pursuant to titles III through V I of this Act shall be available to a nongovernmental organi z ation, including any contractor, which fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the United States Agency for International Development. SENIOR POLIC Y OPERATING GROUP SEC. 7068. (a) The Senior Policy Operating Group on Trafficking in Persons, established under section 105(f) of the Victims of Traf- ficking and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, shall coordinate all such policies related to the activities of traf- fickers and victims of severe forms of trafficking. Consulta t i on .


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 123STA T . 33 85PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(b)None o fth ef u n dspr o vi ded under tit l e I of this or a n y other Ac t m a k in g appropriations for the D epartment of S tate , for - eign operations, and related programs shall be e x pended to perform functions that duplicate coordinating responsibilities of the O per- ating G roup . (c) T he Operating Group shall continue to report only to the authorities that appointed them pursuant to section 105 (f). PROHIB I T IO N ON USE O F TORTURE SE C . 7 0 69 . None of the funds made available in this Act shall be used in any w ay whatsoever to support or j ustify the use of torture, cruel or inhumane treatment by any official or contract employee of the U nited States Government. A FRICA SEC. 7070. (a) EX PAN D ED INTERNATIONA LM ILITAR Y EDUCATION AND TRAININ G . — (1) F unds appropriated under the heading ‘ ‘International Military Education and Training ’ ’ in this Act that are made available for assistance for Angola, C ameroon, Central African R epublic, Chad, Co ˆ te d’Ivoire, Guinea and Z imbabwe may be made available only for training related to international peace- keeping operations and expanded international military edu- cation and training
 * Provide

d, That the limitation included in this paragraph shall not apply to courses that support training in maritime security for Angola and Cameroon. ( 2 ) None of the funds appropriated under the heading ‘‘International Military Education and Training’’ in this Act may be made available for assistance for E q uatorial Guinea or Somalia. (b) COUNTERTERRORIS MP ROGRAMS.—Funds appropriated by this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and L aw Enforce- ment’’, ‘‘Nonproliferation, Anti-terrorism, Demining, and Related Programs’’, and ‘‘Peacekeeping Operations’’ shall be made available as follows: (1) Not less than $ 2 4 ,7 3 5,000 shall be made available for the East Africa Regional Strategic Initiative (2) Not less than $3,600,000 shall be made available for Africa Conflict Stabili z ation and B order Security; (3) Not less than $ 8 1,315,000 shall be made available for Trans-Sahara Counterterrorism Partnership; and (4) Not less than $10,000,000 shall be made available for a H orn of Africa and Pan Sahel Program, in addition to funds otherwise made available for such purposes, to be administered by the United States Agency for International Development. (c) ETHIOPIA.— (1) None of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ that are avail- able for assistance for Ethiopia may be made available unless the Secretary of State— (A) determines that the Government of Ethiopia is taking effective measures to guarantee the rights of its citizens to peaceful expression, association and assembly, and to document violations of internationally recognized human rights without harassment or criminal penalty, and Det e rmina ti o n .Hu man ri gh t s.

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 123STA T . 33 86PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9provides s uch de t er m i na tion in w ritin g to the C ommittees on A ppropriations and (B) su b mits a report to such Committees on the t y pes and amounts o fU nited S tates training and e q uipment provided to the E thiopian mi l itary including steps being ta k en to ensure that such assistance is not provided to Ethiopian military units or personnel with records of viola - tions of internationally recogni z ed human rights . ( 2 ) T he restriction in paragraph ( 1 ) shall not apply to assistance to support the deployment of members of the Ethio- pian military in international peacekeeping operations. (d) RWAND A. — (1) N one of the funds appropriated by this Act under the heading ‘ ‘ F oreign M ilitary Financing P rogram ’ ’ may be made available for assistance for Rwanda if the Secretary of State has credible evidence that the G overnment of Rwanda is pro- viding political , military or financial support to armed groups in the D emocratic Republic of the Congo that have committed violations of internationally recognized human rights, including rape. (2) The restriction in paragraph (1) shall not apply to assistance to improve border controls to prevent the importation of minerals into Rwanda by such groups, or to support the deployment of members of the Rwandan military in inter- national peacekeeping operations. (e) NA TUR A L R ESO UR C E TRANS P ARENC Y .—Funds appropriated by this Act that are available for assistance for L iberia, Sierra Leone, Nigeria, Co ˆ te d’ I voire, and the countries participating in the Congo Basin Forest Partnership shall be made available to promote and support transparency and accountability in relation tothee x traction of timber, oil and gas, cacao and other natural resources, including by strengthening implementation and moni- toring of the Extractive Industries Transparency Initiative and the K imberley Process Certification Scheme. (f) SUDAN L IM ITATION ON ASSISTANCE.— (1) Sub j ect to subsection (2) (A) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made avail- able 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 50 2, of the Congressional Budget Act of 1 974, 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 (f)(1) shall not apply if the Secretary of State determines and certifies to the Committees on Appropria- tions that: (A) The Government of Sudan honors its pledges to cease attacks upon civilians and disarms and demobilizes the J anjaweed and other government-supported militias; (B) The Government of Sudan and all government- supported militia groups are honoring their commitments made in all previous cease-fire agreements; and (C) The Government of Sudan is allowing unimpeded access to Darfur to humanitarian aid organizations, the Det e rmina ti o n .C erti f i c ation. R e p ort s .


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 123STA T . 33 87PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9humanrig h ts in ve stigati o nan d humanitarian teams o f the U nited N ations , in cl uding p rotection officers, and an international monitoring team that is b ased in D arfur and has the support of the United S tates .(3)T he provisions of subsection (f)( 1 ) shall not appl y to — ( A ) humanitarian assistance ( B ) assistance for the Darfur region, Southern Sudan, Southern K ordofan / Nuba M ountains State, Blue Nile State, and Abyei; and ( C ) assistance to support implementation of the Com - prehensive P eace Agreement and the Darfur Peace Agree- ment or any other internationally-recogni z ed viable peace agreement in Sudan. ( 4 ) F or the purposes of this Act, the term ‘ ‘ G overnment of Sudan ’ ’ shall not include the Government of Southern Sudan. ( 5 ) Not w ithstanding any other provision of law, assistance in this Act may be made available to the Government of Southern Sudan to provide non-lethal military assistance, mili- tary education and training, and defense services controlled under the I nternational Traffic in Arms R egulations ( 2 2 CFR 12 0 .1etse q .) if the Secretary of State— (A) determines that the provision of such items is in the national interest of the United States; and (B) not later than 15 days before the provision of any such assistance, notifies the Committees on Appropria- tions of such determination. (g) S OUTHERN SU DA N.—The Secretary of State shall see k to obtain regular audits of the financial accounts of the Government of Southern Sudan to ensure transparency and accountability of funds, including revenues from the e x traction of oil and gas, and the public disclosure of such audits in a timely manner
 * Provide

d, That in determining amounts and types of United States assistance to make available to the Government of Southern Sudan, the Sec- retary shall consider the extent to which such government is ensuring transparency and accountability of funds: Provided fu r th er, That the Secretary shall, as appropriate, assist the Government of Southern Sudan in conducting such audits, and shall submit a report not later than 9 0 days after enactment of this Act to the Committees on Appropriations detailing the steps that will be taken by the Government of Southern Sudan to improve resource management and ensure transparency and accountability of funds. (h) W AR CR IM E S INA F RI C A.— (1) The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra L eone (SCSL) to bring to j ustice individuals responsible for war crimes and crimes against humanity in a timely manner. (2) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance for the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Commit- tees on Appropriations that such government is cooperating with ICTR and SCSL, including the surrender and transfer of indictees in a timely manner: Provided, That this subsection shall not apply to assistance provided under section 551 of the Foreign Assistance Act of 19 6 1 or to project assistance Det e rmina ti o n .R e p ort s . Reports. Dea dl ine. Au dits. P u b li c in f ormation. Deadline. N otification. Determination. Definition.


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 123STA T . 33 8 8 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9underti t l e VIof t h i sAc t
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d fu r th er ,T h a t the U nited S tates shall use its v oice and vote in the United N ations Secu - rit yC ouncil to fully su p port efforts b y ICT R and SCS L to brin g to j ustice individuals indicted by such tribunals in a ti m ely manner .(3) The prohibition in subsection ( 2 )maybe w aived on a country-by-country basis if the P resident determines that doing so is in the national security interest of the United States: Provided, That prior to e x ercising such waiver authority, the President shall submit a report to the Committees on Appropriations, in classified form if necessary, on — (A) the steps being ta k en to obtain the cooperation of the government in surrendering the indictee in q uestion 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. (i) ZIMBA B WE .— ( 1 ) The Secretary of the Treasury shall instruct the United States executive director to each international financial institu- tion to vote against any extension by the respective institution of any loans to the G overnment of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Sec- retary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association. (2) None of the funds appropriated by this Act shall be made available for assistance for the central government of Zimbabwe, except for macroeconomic growth assistance, unless the Secretary of State makes the determination pursuant to paragraph (1). A S IA SE C . 70 71. (a) TIBE T .— (1) The Secretary of the Treasury should instruct the United States executive director to each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring. (2) Notwithstanding any other provision of law, not less than $ 7, 4 00,000 of the funds appropriated by this Act under the heading ‘ ‘ E conomic Support F und ’ ’ should be made available to nongovernmental organi z ations 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) B UR MA.— (1) The Secretary of the Treasury shall instruct the United States executive director to each appropriate international Loans.50USC17 01 no te. Loans. D ete rmi nation. R e p orts. 2 2 USC 2151 note. Reports. W ai v era u t h orit y . P resi d ent.


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 123STA T . 33 89PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 fina n c ia l in st it u ti o nin wh ich th eU nite dS tates p a r ticipates , to oppose and v ote a g ainst the e x tension by such institution of any loan or financial or technical assistance or any other utili z ation of funds of the respective ban k to and for B ur m a .(2)O f the funds appropriated by this A ct under the heading ‘ ‘ E conomic Support F und ’ ’, not less than $36, 50 0,000 shall be made available for assistance for Burma
 * Provide

d, T hat such assistance shall be made available only to support democracy and humanitarian programs and activities in Burma, programs and activities along the Burma - Thailand border, programs and activities involving Burmese student groups and other organiza- tions located outside Burma, and humanitarian assistance for displaced Burmese along Burma’s borders: Provided fu r th er, That such funds may be made available notwithstanding any other provision of law: Provided further, That in addition to assistance for Burmese refugees provided under the heading ‘‘ M igration and R efugee Assistance’’ in this Act, not less than $ 4 ,000,000 shall be made available for community-based organizations operating in Thailand to provide food, medical and other humanitarian assistance to internally displaced per- sons in eastern Burma. (3) Funds made available under paragraph (2) for any new program, pro j ect or activity shall be subject to prior con- sultation with the C ommittees on Appropriations and all such funds made available under paragraph (2) shall be subject to the regular notification procedures of such Committees: Pro - vided, That when implementing activities with funds appro- priated by this Act for assistance for Burma, the implementing agency shall only support activities that are consistent with the principles and goals of the N ational L eague for D emocracy in Burma. (c) C AMBODI A. — Funds made available in this Act for a United States contribution to a K hmer Rouge tribunal may only be made available if the Secretary of State certifies to the Committees on Appropriations that the United Nations and the G overnment of Cambodia are taking credible steps to address allegations of corrup- tion and mismanagement within the tribunal. (d) IN DON ES IA.— ( 1 ) Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing P rogram’’, not to exceed $20,000,000 shall be made available for assistance for Indo- nesia, of which $2,000,000 is withheld from obligation until the Secretary of State submits to the Committees on Appropria- tions the report on Indonesia detailed under such heading in the joint explanatory statement accompanying this Act. (2) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Indonesia, not less than $400,000 should be made available for grants for capacity building of Indonesian human rights organizations, including in Papua. (e) NE P A L .— (1) Funds appropriated by this Act under the heading ‘‘For- eign Military Financing Program’’ may be made available for assistance for Nepal if the Secretary of State certifies to the Committees on Appropriations that the Nepal Army is— Certif i ca ti on.R e p ort s . Certification. N otification. Th ai l an d .


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 123STA T . 33 90PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 (A)co o peratingful l yw it h in v e s tigations an d prosecu - tions b y civilian j udicial authorities of violations of inter- nationally recogni z ed hu m an rights and ( B ) wor k ing constructively to redefine the N epal Army ’ s mission and adjust its size accordingly , implement reforms including strengthening the capacity of the civilian ministry of defense to improve budget transparency and account- ability, and facilitate the integration of former rebel combatants into the security forces including the Nepal Army, consistent with the goals of reconciliation, peace and stability . ( 2 ) T he conditions in paragraph ( 1 ) shall not apply to assistance to support the deployment of members of the Nepal Army in humanitarian relief and reconstruction operations in Nepal. (f) N ORTHK OR EA . — (1) F unds appropriated under the heading ‘ ‘ M igration and R efugee Assistance’’ in this Act shall be made available for assistance for refugees from North Korea. (2) O f the funds made available under the heading ‘‘ I nter- national Broadcasting Operations’’ in title I of this Act, up to $8 , 0 00,000 should be made available for broadcasts into North Korea. ( 3 ) Of the funds appropriated by this Act under the heading ‘‘ E conomic S upport Fund’’, $3, 5 00,000 shall be made available for democracy, human rights, and governance programs for North Korea. ( 4 ) None of the funds made available by this Act under the heading ‘‘Economic Support Fund’’ may be made available for energy-related assistance for North Korea. (5) Funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for countries in the North Asia region may be made available for programs and activities pursuant to section 4 of P ublic L aw 108 – 333, as amended, and subject to the regular notification procedures of the C ommittees on Appropriations
 * Provide

d, That for the purposes of this subsection, such programs and activities shall be considered democracy promotion. ( 6 ) Not later than 45 days after enactment of this Act, the Secretary of State shall report to the Committees on Appro- priations the amount the Secretary determines the G overnment of North Korea owes the Government of the U nited States for the unsupervised distribution of food assistance provided by the United States: Provided, That the Secretary of State should reduce any assistance made available to the Government of North Korea by such amount, unless the Secretary reports to the Committees on Appropriations that the Government of North Korea provided such food assistance to eligible recipi- ents as intended, or that North Korea has reimbursed the Government of the United States for the costs of such food assistance: Provided fu r th er, That the previous proviso shall not apply to programs and activities that promote human rights, democracy, rule of law, and to humanitarian assistance. (g) PEO PL E’ S REP UB L IC O F CHI N A.— (1) None of the funds appropriated under the heading ‘‘ D ip- lomatic and Consular Programs’’ in this Act may be obligated ore x pended for processing licenses for the export of satellites Exportandim port s.De ad l ine. N oti f i c ation. R eports. Deadline. Reports. Determination. Notification. Ener gy . Ref u gees.


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 123STA T . 33 9 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 ofUnitedS t a te s o r i g in ( in clu ding co m mercial satellites and satellite com p onents ) tot h e P eople ’ s R epu b lic of C hina unless , at least 15 da y sinad v ance, the Committees on A ppropriations are notified of such proposed action . ( 2 ) T he terms and re q uirements of section 6 2 0 (h) of the F oreign Assistance Act of 1 9 61 shall apply to foreign assistance pro j ects or activities of the People’s L iberation Army (PLA) of the People’s Republic of China, to include such projects or activities by any entity that is o w ned or controlled by, or an affiliate of, the PLA
 * Provide

d, That none of the funds appropriated or otherwise made available pursuant to this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary of State has reason to believe is owned or controlled by, or an affiliate of, the PLA. ( 3 ) N otwithstanding any other provision of law and subject to the regular notification procedures of the Committees on Appropriations, of the funds appropriated by this Act under the heading ‘ ‘ D evelopment Assistance’’, not less than $ 12,000,000 shall be made available to United States edu - cational institutions and nongovernmental organi z ations for programs and activities in the People’s Republic of China relating to the environment, governance, and the rule of law. (h) P HIL I P PI NES . —O f the funds appropriated by this Act under the heading ‘‘Foreign M ilitary Financing Program’’, not to e x ceed $32,000,000 may be made available for assistance for the Phil- ippines, of which $3,000,000 may not be obligated until the Sec- retary of State submits to the Committees on Appropriations the report on the Philippines detailed under such heading in the joint explanatory statement accompanying this Act. (i) TI MOR -LES T E.—Of the funds appropriated by this Act under the heading ‘‘ E conomic Support Fund’’, not less than $1,000,000, in addition to funds otherwise made available for such purposes, shall be made available for democracy programs and activities in Timor-Leste, and not less than $2,000,000 shall be made available for higher education scholarships. (j) V IETN A M.—Funds appropriated by this Act that are made available for assistance for Vietnam for remediation of dioxin contaminated sites and related health activities may be made avail- able for assistance for the G overnment of Vietnam, including the military, for such purposes. SER B IA SE C . 7 072. (a) Funds appropriated by this Act may be made available for assistance for the central Government of Serbia after May 31, 2010, if the President has made the determination and certification contained in subsection (c). (b) After May 31, 2010, the Secretary of the Treasury should instruct the United States executive directors to the international financial institutions to support loans and assistance to the Govern- ment 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 I nternational Criminal Tribunal for the former Y ugoslavia including access for investigators, RatkoMl a dic.De te rm i n ation. C erti f ication. Dio x in. Re p ort s . N otification. A pplica b ilit y . P eople ’ s L iberation Army.


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 123STA T . 33 9 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 theprovis io n o fd o cum ents , time ly inform a tion on the location, movement, and sources of financial support of indictees, and the surrender and transfer of indictees or assistance in their apprehension, includin gR at k o M ladic taking steps that are consistent w ith the D ayton A ccords to end S er b ian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and ( 3 ) taking steps to implement policies which reflect a respect for minority rights and the rule of law . (d) T his section shall not apply to humanitarian assistance or assistance to promote democracy. INDEP ENDEN TS T A TES OF T H EFO RM ER SO V IET U NION SE C . 70 73. (a) N one of the funds appropriated under the heading ‘ ‘Assistance for E urope, Eurasia and C entral Asia ’ ’ shall be made available for assistance for a government of an I ndependent State of the former Soviet U nion 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 H elsinki F inal Act
 * (2)
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d, That such funds may be made available without regard to the restriction in this subsection if the P resident determines that to do so is in the national security interest of the United States. (b) Funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ for the Russian Federation, Armenia, K a z akhstan, and Uzbekistan shall be sub j ect to the reg - ular notification procedures of the Committees on Appropriations. (c)( 1 ) O f the funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’ that are allocated for assist- ance for the G overnment of the Russian Federation, 6 0 percent shall be withheld from obligation until the President determines and certifies in writing to the Committees on Appropriations that the Government of the Russian Federation — (A) has terminated implementation of arrangements to pro- vide Iran with technical e x pertise, training, technology, or e q uipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capa- bility; 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 (B) activities authorized under title V (Nonproliferation and Disarmament Programs and Activities) of the FREEDOM Support Act. (d) Section 9 07 of the FREEDOM Support Act shall not apply to— (1) activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1 4 24 of Public L aw 104 – 201 or non-proliferation assistance; Presid e nt.D eter m in a ti o n. C erti f i c ation. N otification. President. Determination.


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 123STA T . 33 9 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 (2)any a s s i s t an ceprov i d ed b yt h e T rade and D eve l op m ent Ag ency u nder section 6 6 1 o f the F oreign Assistance Act of 1 9 61 (22 U.S . C .2 4 21) ( 3 ) any activity carried out by a member of the United States and Foreign Commercial Service w hile acting within his or her official capacity; (4) any insurance , reinsurance, guarantee or other assist - ance provided by the O verseas P rivate I nvestment Corporation under title I V of chapter 2 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et se q .); ( 5 ) any financing provided under the Ex port-Import B an k Act of 1945; or (6) humanitarian assistance. REP RE S S ION IN TH ER U SSI A N F E D ERATION SE C . 70 74. (a) N one of the funds appropriated under the heading ‘ ‘Assistance for Europe, Eurasia and Central Asia ’ ’ in this Act may be made available for the G overnment of the R ussian Federation, after 1 8 0 days from the date of the enactment of this Act, unless the Secretary of State certifies to the Committees on Appropriations that the Government of the Russian Federation (1) has implemented no statute, Executive order, regulation or similar government action that would discriminate, or which has as its principal effect discrimination, against religious groups or religious communities in the Russian Federation in violation of accepted international agreements on human rights and religious freedoms to which the Russian Federation is a party; (2) is honoring its international obligations regarding freedom of expression, assembly, and press, as well as due process; (3) is investigating and prosecuting law enforcement per- sonnel credibly alleged to have committed human rights abuses against political leaders, activists and j ournalists; and (4) is immediately releasing political leaders, activists and journalists who remain in detention. (b) The Secretary of State may waive the requirements of subsection (a) if the Secretary determines that to do so is important to the national interests of the United States. CENTRA L ASIA SEC. 7075. The terms and conditions of sections 7075(a) and (b) and 7076(a) through (e) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (divi- sion H of Public L aw 111 – 8) shall apply to funds appropriated by this Act: Provide d, That for purposes of the application of section 7076(e) to this Act, the term ‘‘assistance’’ shall not include expanded international military education and training. AF G HANISTAN SEC. 7076. (a) IN GENERAL. — Funds appropriated by this Act that are available for assistance for Afghanistan shall be made available, to the maximum extent practicable, in a manner that utili z es Afghan entities and emphasizes the participation and leadership of Afghan women and directly improves the security, Defin i t i o n .Ap p l i cab ilit y . W ai v e r a u t h ority. Deter m ination. T ime perio d . C ertification.


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 123STA T . 33 94PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 econ o mi c a n ds ocia lw ell -b ein g, and p oli t ical stat u so fA fg h an women and gi r ls .( b ) A S S I S TANCEFORW O M EN AN DG IR L S. — ( 1 ) T he terms and conditions of section 11 02 (b)(1) of P ublic L aw 111 –3 2 shall appl y to assistance for Afghanistan in fiscal year 2010. (2) O f the funds appropriated by this Act under the headings ‘ ‘ E conomic S upport F und ’ ’and‘‘ I nternational N ar- cotics C ontrol and Law Enforcement’’, not less than $ 1 75 ,000,000 shall be made a v ailable to support programs that directly address the needs and protect the rights of Afghan women and girls, including for the Afghan Independent H uman R ights Commission, the Afghan M inistry of Women’s Affairs, and for women-led nongovernmental organi z ations. (c) PROC U REMENT OF AF GH AN PRODUCTS AND SER V ICES.—The terms and conditions of section 1102(c) of Public Law 111–32 shall apply to assistance for Afghanistan in fiscal year 2010. (d) ANTICORRU P TION.— (1) The terms and conditions of section 1102(d) of Public Law 111–32 shall apply to assistance for Afghanistan in fiscal year 2010. (2) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for the Government of Afghanistan, $200,000,000 may not be obli- gated for such assistance unless the Secretary of State certifies to the Committees on Appropriations that the Government of Afghanistan is cooperating fully with U nited States efforts against the Taliban and Al Q aeda and to reduce poppy cultiva- tion and illicit drug traffic k ing
 * Provide

d, That the Secretary of State may waive the previous sentence if the Secretary reports to the Committees on Appropriations that to do so is vital to the national security interests of the United States. (e) RECONSTRUCTION AND D EVELOPMENT ASSISTANCE.— (1) Of the funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Afghanistan, not less than $175,000,000 shall be made available for the National Solidarity Program. (2) The Secretary of State, in consultation with the Administrator of the United States Agency for International Development and the Secretary of Defense, should enhance United States reconstruction efforts in Afghanistan by— (A) emphasizing capacity building and support of Afghan entities and institutions at the provincial and sub- provincial levels and ( B )re q uiring civilian Provincial Reconstruction Team (PRT) leaders to consult regularly with appropriate local Afghan leaders in their respective provinces and ensuring that PRT reconstruction and development activities support local needs in a sustainable manner and strengthen the authority and control of the Government of Afghanistan at the provincial and sub-provincial levels. (f) RULE OF LA W PROGRAMS.—The Coordinator for Rule of Law at the United States Embassy in K abul, Afghanistan shall be con- sulted on the use of all funds appropriated by this Act for rule of law programs and activities in Afghanistan. (g) BASE RIGHTS.—None of the funds made available by this Act may be used by the United States Government to enter into Waiver a utho rit y.R e p ort s . C erti f i c atio n . A pp l ica b ility. Applicability. Applicability.


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 123STA T . 33 95PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 aperm a n en tb a si n g rig h ts agreement bet w een the U nite dS tates and Af ghanistan .ENT E RP R IS E FU N D S SE C . 70 77. ( a )P ri o r to the distrib u tion of an y assets resu l ting from any li q uidation , dissolution, or winding up of an E nterprise F und, in whole or in part, the President shall submit to the C ommit - tees on Appropriations, in a c 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 a v ailable under titles I II through V I of this Act for Enterprise Funds shall be e x pended at the minimum rate necessary to ma k e timely payment for pro j ects and activities and shall be subject to the regular notification procedures of the Committees on Appropriations. UNITED N A TI O NS POPU L ATION FUND SEC. 707 8 . (a) CONTRI B UTION. —O f the funds made available under the heading ‘ ‘International Organi z ations and Programs ’ ’in this Act for fiscal year 2 0 1 0, $5 5,000,000 shall be made available for the United N ations Population Fund (UNFPA). (b) A V AILABILIT Y OF FUNDS.—Funds appropriated by this Act for UNFPA, that are not made available for UNFPA because of the operation of any provision of law, shall be transferred to the ‘‘ G lobal H ealth and Child Survival’’ account and shall be made available for family planning, maternal, and reproductive health activities, subject to the regular notification procedures of the Committees on Appropriations. (c) PRO H IBITION 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 R epublic of China. (d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made avail- able by this Act for UNFPA may not be made available unless— (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 (2) UNFPA does not fund abortions. (e) REPORT TO CON G RESS AND D OLLAR-FOR-DOLLAR W ITH- HOLDING OF FUNDS.— (1) Not later than 4 months after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations indicating the amount of funds that the UNFPA is budgeting for the year in which the report is submitted for a country program in the People’s Republic of China. (2) If a report under paragraph (1) indicates that the UNFPA plans to spend funds for a country program in the People’s Republic of China in the year covered by the report, then the amount of such funds the UNFPA plans to spend in the People’s Republic of China shall be deducted from the funds made available to the UNFPA after M arch 1 for obligation for the remainder of the fiscal year in which the report is submitted. Aborti o ns.N oti f i ca tion. P r e si d ent. Notifications. D istrib u tion pl an.


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 123STA T . 33 96PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 09 OPIC( I N C LUD IN GTRA N SFE R OF FUNDS )S EC .70 7 9 . (a)When e v e rt he P re sid ent deter m ines that it is in fu rtheran c e o f the p urposes of the F orei g n A ssistance Act of 1 9 6 1, uptoatota l of $2 0,000,000 of the funds appropriated under title I II of this Act ma yb e transferred to, and merged w ith, funds appropriated by this Act for the O verseas Private Investment C or - poration Program Account, to be sub j ect to the terms and conditions of that account
 * Provide

d ,T hat such funds shall not be available for administrative e x penses of the Overseas Private Investment Corporation: Provided fu r th er, That designated funding levels in this Act shall not be transferred 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. (b) The President of the Overseas Private Investment Corpora- tion is hereby authori z ed and directed to issue, not later than 9 months after the date of enactment of this Act, a comprehensive set of environmental, transparency and internationally recognized wor k er rights and human rights guidelines with re q uirements binding on the Corporation and its investors that shall be consist- ently applied to all projects, funds and sub-projects supported by the Corporation: Provided, That these regulations shall be no less rigorous than the environmental and social guidelines that the Corporation has made publicly available as of J une 3, 2009, and the environmental and social policies of the World B ank G roup, and hereafter may be issued and further revised only following public notice and opportunity for comment: Provided further, That the Overseas Private Investment Corporation shall issue a report, not later than 1 8 0 days after enactment of this Act, highlighting its substantial commitment to invest in renewable and other clean energy technologies and plans to significantly reduce greenhouse gas emissions from its portfolio: Provided further, That such commit- ment shall include implementing a revised climate change mitiga- tion plan to reduce greenhouse gas emissions associated with projects and sub-projects in the agency ’ s portfolio as of June 30, 2008 by at least 30 percent over a 10-year period and by at least 5 0 percent over a 15-year period. (c) N otwithstanding section 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 23 4 of such Act shall remain in effect through September 30, 2010. E X TRADITION SEC. 7080. (a) None of the funds appropriated in this Act may be used to provide assistance (other than funds provided under the headings ‘ ‘International Narcotics Control and L aw E nforce- ment’’, ‘‘ M igration and R efugee Assistance’’, ‘‘Emergency Migration and Refugee Assistance’’, and ‘‘Nonproliferation, Anti-terrorism, D emining 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 imprison- ment without the possibility of parole or for killing a law enforce- ment officer, as specified in a United States extradition request. Terminat i o n d ate .2 2 USC 2 194 note. R e p ort s . N oti c e. Publ ic comment. D eadline. G uidelines. Re q uirements. 22 USC 2191b. Noti f ication. President. Determination.


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 123STA T . 33 97PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 09 (b)Su b section ( a )s h a l l onl y a p ply to the cent r al g o v ern m ent o f a country w ith which the U nite d States maintains diplomatic relations and with which the United States has an e x tradition treaty and the government of that country is in violation of the terms and conditions of the treaty . (c) T he Secretary of State may waive the restriction in sub - section (a) on a case-by-case basis if the Secretary certifies to the C ommittees on A ppropriations that such waiver is important to the national interests of the United States. CLIMATE C H A NG EAN D EN V I RO NMENT P ROGRAM S SEC. 7081 . (a) I N G ENERAL. —O f the funds appropriated by this Act , up to $ 1, 25 7,200,000 may be made available for programs and activities to— (1) reduce, mitigate, and se q uester greenhouse gases that contribute to global climate change (2) support climate change adaptation; ( 3 ) protect forests and other critical landscapes; and ( 4 ) protect biodiversity. (b) CLEAN E NERG YP ROGRAMS.— F unds appropriated by this Act under the headings ‘ ‘ D evelopment Assistance ’ ’, ‘‘Economic Sup- port Fund’’, and ‘‘Assistance for Europe, Eurasia and Central Asia’’ for clean energy programs and activities, may be made available only to promote the sustainable use of renewable energy tech- nologies and end-use energy efficiency technologies, carbon seques- tration, and carbon accounting
 * Provide

d, That of the funds made available for the United States Agency for International Develop- ment (USAID) for clean energy programs, not less than $10,000,000 shall be made available for microfinance renewable energy pro- grams, including solar energy programs. (c) ADAPTATION PROGRAMS.—Funds appropriated by this Act shall be made available for United States contributions to the L east Developed Countries Fund and the Special Climate Change Fund to support adaptation programs and activities, if the Global Environment Facility ma k es publicly available on its website the criteria used to determine 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 results achieved. (d) B IODIVERSITY.—Of the funds appropriated by title III of this Act, not less than $205,000,000 shall be made available for programs and activities which directly protect biodiversity, including tropical forests and wildlife, in developing countries, of which not less than $25,000,000 shall be made available for USAID’s conservation programs in the Ama z on Basin: Provided, That of the funds made available under this paragraph, not less than $20,500,000 shall be made available for the Congo Basin Forest Partnership only for programs which directly promote the conserva- tion and sustainable management of natural resources in landscapes in the Congo Basin area, with a priority on protected area and landscape resource management to enable local communities to conserve the natural resource base, including programs to substan- tially reduce the impacts of industrial-scale resource extraction on local communities and the natural resource base: Provided fu r -th er, That none of the funds appropriated by this Act may be Public i nformat ion .We b p o s tin g . Wai v er aut h orit y . C ertification. A pplicability.


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 123STA T . 33 98PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 made a v a il a b le , di r e ct l yo ri n directly, to sup port industrial - scale lo g ging or ot h er industrial-scale resource e x traction or sector re f orm that w ould promote these activities
 * Provide

d fu r th er, T hat funds appropriated by this A ct to carry out the provisions of sections 103 through 10 6, and chapter 4 of part I I, of the F oreign Assistance Actof1 9 61 may be used, notwithstanding any other provision of law and sub j ect to the regular notification procedures of the C ommittees on Appropriations, for the purpose of supporting trop- ical forestry and biodiversity conservation activities, clean energy and climate change programs aimed at reducing greenhouse gas emissions, and programs to mitigate mercury pollution: Provided further, That funds appropriated under the heading ‘ ‘ D evelopment Assistance ’ ’ may be made available as a contribution to the G ala- pagos Invasive S pecies Fund .( e ) C ONSULTA T I ON. — Funds made available pursuant to this section are subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Pro - vided, That prior to the obligation of funds for a contribution to the Forest Carbon P artnership Facility, the Secretary of State and the Secretary of the Treasury, as appropriate, shall determine and report to the Committees on Appropriations that there have been thorough consultations by the W orld B an k with interested civil society and indigenous organi z ations. (f) EX T R A C TION O FN ATURAL RE SOURCES.— (1) The Secretary of the Treasury shall inform the manage- ments of the international financial institutions and the public that it is the policy of the U nited States to oppose any assist- ance by such institutions (including but not limited to any loan, credit, grant, or guarantee) for the extraction and export of oil, gas, coal, timber, or other natural resource unless the government of the country has in place functioning systems for: (A) accurately accounting for payments for companies involved in the extraction and export of natural resources (B) the independent auditing of accounts receiving such payments and the widespread public dissemination of the findings of such audits; and (C) verifying government receipts against company payments including widespread dissemination of such pay- ment information, and disclosing such documents as H ost Government Agreements, Concession Agreements, and bid- ding documents, allowing in any such dissemination or disclosure for the redaction of, or exceptions for, informa- tion that is commercially proprietary or that would create competitive disadvantage. ( 2 ) Not later than 1 8 0 days after the enactment of this Act, the Secretary of the Treasury shall submit a report to the Committees on Appropriations describing, for each inter- national financial institution, the amount and type of assistance provided, by country, for the extraction and export of oil, gas, coal, timber, or other natural resources in the preceding 12 months, and whether each institution considered, in its proposal for such assistance, the extent to which the country has func- tioning systems described in paragraph (1). (g) AUT H ORI Z ATION FOR THE CLEAN TECHNOLO GY FUN D .— (1) L I M ITATIONS ON AUTHORIZATION OF A P PROPRIATIONS.— For fiscal year 2010, up to $ 300,000,000 is authorized to be 2 2 USC790 9 .Deadlin e. R e ports . Pub li c in f or m ation. Determination. Reports. N otification.


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 123STA T . 33 9 9 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 ap p ro pr i a tedf ora Un ited S tate sc ontri bu tion to t h e Cl ean T echnolo gyF und ( the Fund ). ( 2 ) LIM I TSONC O U NT RYA CC E SS. — The Secretary of the Treasury shall use the v oice and vote of the United States to ensure that— ( A ) The Fund does not provide m ore than 15 percent of Fund resources to any one country ( B ) P rior to the obligation of funds , recipient countries submit to the governing body of the Fund, and the gov - erning body of the Fund appropriately revie w s and con- siders, an investment plan that will achieve significant net reductions in national-level greenhouse gas emissions; (C) The investment plan for a recipient country, whose borrowing status is classified by the W orld Ban k as ‘ ‘ I nter- national D evelopment Association (IDA) blend ’ ’, shall have at least 15 percent of its total cost for public sector activities contributed from the public funds of the recipient country, and any recipient country whose borrowing status is classi- fied by the World Bank as ‘‘International Bank for R econstruction and Development (IBRD) O nly’’ status, shall have at least 25 percent of its total cost for public sector activities contributed from public funds of the recipient country; and (D) Assistance made available by the Fund is used e x clusively to support the deployment of clean energy tech- nologies in developing countries (including, where appro- priate, through the provision of technical support or support for policy or institutional reforms) in a manner that achieves substantial net reductions in greenhouse gas emis- sions. ( 3 )RE P ORTIN G RE Q UIREMENT.— N ot later than 1 80 days after the date of enactment of this Act and annually thereafter, the Secretary of the Treasury shall submit to the Committees on Appropriations in the H ouse and Senate, the Senate Foreign Relations Committee and the House Financial Services Com- mittee, a report describing— (A) the operations and governance of the Fund, and the purpose and progress of each pro j ect supported by the Fund, including the extent to which assistance made available by the Fund has reduced or will reduce green- house gas emissions in recipient countries; and (B) how each project furthers the Fund’s investment plan of the country or countries in which the project is implemented. ( 4 )DE F INITIONS.—For purposes of this subsection— (A) NET RE D UCTIONS.—The term ‘‘net reductions’’ refers to the extent to which a project or program supported under this subsection results in lower greenhouse gas emis- sions than would be emitted by the same entity or sector in the same country in the absence of the Fund’s project, taking into account, unless impracticable, effects beyond the physical boundaries of the project or program that result from project or program activities. (B) PU BL IC SECTOR ACTI V ITIES.—The term ‘‘public sector activities’’ may include sovereign loans assumed by the recipient country to contribute to the financing of the investment plan.


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 123STA T . 3 40 0 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9(C) C LEAN ENE RGYT E CH N O LOGY .—Thet e rm‘ ‘ cl e an ener gy techn o logy ’ ’ mean s a technology that , as com p are dwi th technologies b eing deployed at that time f or wide - spread commercial u se in the country in v olved— (i) achieves substantial reductions in greenhouse gas emissions (ii) does not result in significant incremental adverse effects on public health or the environment; and (iii) does one or more of the following ( I ) generates electricity or useful thermal energy from a renewable resource; (II) substantially increases the energy effi- ciency of buildings, industrial, or agricultural proc- esses, or of electricity transmission, distribution, or end-use consumption; or (III) substantially increases the energy effi- ciency of the transportation system or increases utili z ation of transportation fuels that have lifecycle greenhouse gas emissions that are substantially lower than those attributable to fossil fuel-based alternatives. P ROH IB ITION ON PRO M OTION O F TOBACCO S EC. 7082 . N one of the funds provided by this A ct shall be available to promote the sale or e x port of tobacco or tobacco prod- ucts, or to see k 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 e q ually to all tobacco or tobacco products of the same type. COMMERCIAL LEA S ING OF D EFENSE ARTICLES SEC. 708 3 . Notwithstanding any other provision of law, and sub j ect to the regular notification procedures of the Committees on Appropriations, the authority of section 23(a) of the Arms E xport Control Act may be used to provide financing to Israel, Egypt and NAT O and major non-NATO allies for the procurement by leasing (including leasing with an option to purchase) of defense articles from U nited States commercial suppliers, not including M ajor D efense Equipment (other than helicopters and other types of aircraft having possible civilian application), if the P resident determines that there are compelling 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. ANTI- K LEPTOCRACY SEC. 708 4 . (a) In furtherance of the National Strategy to Inter- nationalize Efforts Against K leptocracy and Presidential Proclama- tion 77 5 0, the Secretary of State shall compile and maintain a list of officials of foreign governments and their immediate family members who the Secretary has credible evidence have been involved in corruption relating to the extraction of natural resources in their countries. Records.8USC1 18 2n o t e. N ot if ic a tion. P resident. D eter m ination.


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 123STA T . 3 40 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9(b)Anyi n d i v id ualo n the li s t c o mp iled unde r subsection (a) shall be ineli g ible f or admission to the U nited S tates . (c) T he Secretary may w aive the application of subsection (b) if the Secretary determines that admission to the United States is necessary to attend the United N ations or to further United States law enforcement ob j ectives , or that the circumstances which caused the individual 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 18 0 days thereafter, the Secretary of State shall report in writing, in classified form if necessary, to the C ommittees on Appropriations describing the evidence of corruption concerning each of the individ - uals listed pursuant to subsection (a). INTER N A TI O NA LP RI S ON C ON D ITIONS SEC. 7 08 5 . (a) Not later than 180 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report, which shall also be made publicly available including on the D epartment of State ’ s website, describing the conditions in prisons and other detention facilities in countries receiving United States assistance where the Assistant Secretary of State for Democracy, H uman R ights and L abor has determined, based on the Department of State’s most recent Human Rights Report and any other relevant information, arbitrary detention and / or cruel, inhumane or degrading treatment of prisoners or detainees, or inhumane prison conditions, is common, and identi- fying those countries, if any, whose governments the Assistant Secretary determines are ma k ing significant efforts to eliminate inhumane conditions and those countries whose governments the Assistant Secretary determines are not making such efforts. (b) F or purposes of each determination made pursuant to sub- section (a), the Assistant Secretary shall consider whether (1) the number of prisoners or detainees does not so e x ceed prison capacity such that per capita floor space is sufficient to allow for humane sleeping conditions and reasonable physical movement ( 2 ) human waste facilities are available and are located separately from the prison population at large, and human waste is disposed of regularly and in a sanitary manner; ( 3 ) the lighting, ventilation, temperature and physical construction of prisons and other detention facilities do not seriously endanger health and safety; ( 4 ) prisoners and detainees have access to ade q uate food and potable drinking water; (5) prisoners and detainees have access to basic and emer- gency medical care; ( 6 ) to the maximum extent practicable, prisoners and detainees are allowed reasonable contact with visitors and per- mitted religious observance; (7) the government permits prisoners and detainees to submit complaints to judicial authorities without censorship, investigates credible allegations of inhumane conditions, and documents the results of such investigations in a manner that is publicly accessible; (8) the government is investigating and monitoring the conditions of prisons and other detention facilities under its Deadlin e .R e ports . Pub li c in f or m ation. W eb postin g . Determination. Deadlines. Reports. C lassified information. Wai v er aut h orit y . Determination.


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 123STA T . 3 40 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9authori t y, i ncl u d in g coo pe ration w ith international e x pert s on eli m inating inhumane conditions, and such in f ormation is a v ail - a b le to the S ecretary of State the government is appointing ombudsmen to serve on behalf of prisoners and detainees, considering alternatives to incarceration for nonviolent offenders to alleviate inhumane overcrowding, ma k ing efforts to address the status and cir- cumstances of confinement of j uvenile offenders, making efforts to improve pre-trial detention, bail and recordkeeping proce- dures to reduce pre-trial detention periods and to ensure that prisoners do not serve beyond the maximum sentence for the charged offense; and ( 10 ) the government is increasing the amount of govern- ment resources to eliminate inhumane conditions . (c) F unds appropriated by this A ct to carry out the provisions of chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 19 6 1, and the Support for E ast European D emocracy (SEED) Act of 19 8 9, shall be made available, notwith- standing section 660 of the Foreign Assistance Act of 1961, for assistance to help eliminate inhumane conditions in prisons and other detention facilities administered by foreign governments that the Assistant Secretary of State determines are making significant efforts to eliminate such conditions. (d) T he Secretary of State shall designate a Deputy Assistant Secretary of State in the B ureau of Democracy, H uman R ights and L abor to have primary responsibility for diplomatic efforts related to international prison conditions. TRANSP AR E N CY AN D ACC OU NTA BIL ITY SEC. 7 086. (a) U NITED N ATIONS. — Funds appropriated by this Act shall be available to continue to support efforts to promote transparency and accountability at the United Nations, including access to audits and program information, as appropriate
 * (9)
 * Provide

d , That the Secretary of State, following consultation with the C ommit- tees on Appropriations, may withhold from obligation funds appro- priated under the heading ‘ ‘International O rgani z ations and P ro- grams ’ ’ for a United States contribution to a United Nations organization or agency if the Secretary determines that such organization or agency is not ade q uately implementing reforms to increase transparency and accountability. (b) INTERNATIONAL M ONETARY FUND.— (1) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (the Fund) to promote standard public disclosure of documents of the Fund presented to the Executive Board of the Fund and summaries of the minutes of meetings of the Board, as recommended by the Independent Evaluation Office of the Fund, not later than 2 years after the date of the meeting at which the document was presented or the minutes were taken (as the case may be), unless the Executive Board— (A) determines that it is appropriate to delay disclo- sure; and (B) posts the reason for the delay on the website of the Fund. (2) TRANSPARENCY AND ACCOUNTABILITY O F LOANS, A G REE- M ENTS, AND OT H ER PROGRAMS OF THE INTERNATIONAL MONETARY Webposting.D ete rm in a tion. Dea dl ine. Designation.


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 123STA T . 3 40 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9FUND.—TheS e cr e ta r yof the Trea su ry sha l l in struct the U nite d States Ex ecuti v e D irector of the I nternational M onetary F und to p ro m ote— (A) transparency and accounta b ility in the policy - ma k in g and budgetary procedures of governments of mem- bers of the Fund ( B ) the participation of citi z ens and nongovernmental organizations in the economic policy choices of those governments; and ( C ) the adoption by those governments of loans , agree- ments, or other programs of the Fund through a parliamen- tary process or another participatory and transparent process, as appropriate. ( 3 ) EFF ORTS TOR E DU C ET H E W ORST FOR M SOFCH IL D L AB OR.— (A) The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund to promote policies and practices to reduce the w orst forms of child labor (as defined in section 507 ( 6 ) of the Trade Act of 19 7 4 (19 U.S.C. 2 467(6))) through education and other means, such as promoting the need for members of the Fund to develop and implement national action plans to combat the worst forms of child labor. (B) N ot later than one year after the date of the enact- ment of this Act, the Secretary of the Treasury shall submit to the Committees on Appropriations and Foreign R elations of the Senate and the Committees on Appropriations and Financial Services of the H ouse of Representatives a report describing efforts of the Fund to reduce the worst forms of child labor. (c) NATIONAL BUD G ET TRANS P ARENC Y .— (1) None of the funds appropriated under titles III and I V of this Act may be made available for assistance for the central government of any country that fails to publicly disclose on an annual basis its national budget, to include income and expenditures. (2) The Secretary of State may waive the re q uirements of paragraph (1) on a country-by-country basis if the Secretary reports to the Committees on Appropriations that to do so is important to the national interest of the United States. (3) O f the funds appropriated by this Act under the heading ‘ ‘Economic Support Fund ’ ’,upto $ 1,500,000 may be made avail- able for programs and activities to assist the central govern- ment of any country named in the reports required by para- graph (2) to improve national budget transparency
 * Provide

d, That such sums shall be in addition to funds otherwise made available for such purposes. (d) ASIAN DE V ELOPMENT BAN K .—Ten percent of the funds appropriated by this Act under the heading ‘‘Contribution to the Asian Development Fund’’ shall be withheld from obligation until the Secretary of the Treasury reports to the Committees on Appro- priations that the Asian Developement Bank (the Bank) is taking steps to— (1) implement an independent review, to include external specialists, of the operations and internal controls of the Office of Information Systems and Technology and any other offices considered vulnerable to fraud and corruption; Reports.Waiv era u t h orit y . Reports. P u bl i c i nf or m ation. D ea d line. Deadline. Reports.


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 123STA T . 3 40 4 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9(2)streng t h en i ntern alco ntrols to i mp ro v e acco u nta b ilit y by management an d prevent cases o f fraud and corruption and ( 3 ) ensure that restitution , including criminal prosecution if appropriate, is sought if the B an k e x periences losses from fraud and corruption .DISAB I L I TYPROG RA M S SEC . 708 7. (a) O f the funds appropriated by this A ct under the heading ‘ ‘ E conomic Support F und ’ ’, not less than $5 ,000,000 shall be made available for programs and activities administered by the U nited States Agency for I nternational D evelopment (USAID) to address the needs and protect and promote the rights of people w ith disabilities in developing countries, and for programs to disseminate information (including best practices and strategies) on independent living, advocacy, education, and transportation to people with disabilities and disability advocacy organi z ations in developing countries, including for the cost of translation. (b) Funds appropriated under the heading ‘‘Operating Expenses’’ in title II of this Act shall be made available to develop and implement training for staff in overseas USAID missions to promote the full inclusion and e q ual participation of people with disabilities in developing countries. (c) T he Secretary of State, the Secretary of the Treasury, and the USAID Administrator shall seek to ensure that, where appro - priate, construction pro j ects funded by this Act are accessible to people with disabilities and in compliance with the USAID P olicy on Standards for Accessibility for the Disabled, or other similar accessibility standards. (d) Of the funds made available pursuant to subsection (a), not more than 7 percent may be for management, oversight, and technical support. ORP H A N S, DISPLACED, AND ABANDONED CHILDREN SEC. 7088. Of the funds appropriated under title III of this Act, $3,000,000 should be made available for activities to improve the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment, address the needs of orphans, displaced and abandoned children and provide perma- nent homes through family reunification, guardianship and adop- tions, consistent with the H ague C onvention on the Protection of Children and Co-operation in R espect of Inter-Country Adoption. SRI LAN K A SEC. 708 9 . (a) IN G ENERAL. — Funds appropriated in title III of this Act that are available for assistance for Sri L anka shall be made available for programs that promote reconciliation between ethnic Sinhalese and Tamil populations, support post-conflict reconstruction, and advance the participation of Tamils and other minorities in the political and economic life of the country, and shall be subject to the regular notification procedures of the Committees on Appropriations. (b) RESTRICTION ON M ILITARY ASSISTANCE.— N one of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’ may be made available for assistance for Sri Certif i ca ti on.N otification.


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 123STA T . 3 405PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9Lank a , n odef en s ee xp o rtlic ense m a yb e iss u ed, and no military e q uipment or tec h nolo g y shall be sold or transferred to S ri Lanka pursuant to the authorities contained in this A ct or any other Act, until the Secretary of State certifies to the C ommittees on Appropriations that the G o v ernment of Sri Lanka —(1) is suspending and bringing to j ustice members of the military w ho have been credibly alleged to have violated inter - nationally recogni z ed human rights or international humani- tarian law and ( 2 ) is respecting internationally recognized human rights, including the right of due process and freedoms of the press, association and assembly; ( 3 ) is treating internally displaced persons in accordance with international standards, including by guaranteeing their freedom of movement, providing access to conflict-affected areas and populations by humanitarian organizations and journalists, and accounting for persons detained in the conflict; and ( 4 ) is implementing policies to promote reconciliation and justice including devolution of power as provided for in the Constitution of Sri Lanka . (c) EXCEPTION .—Subsection (b) shall not apply to assistance for humanitarian demining. (d) US EO FFU N D S.— I f the Secretary makes the certification required in subsection (b), funds appropriated under the heading ‘ ‘Foreign M ilitary Financing P rogram ’ ’ that are made available for assistance for Sri Lanka should be used to support the recruitment and training of T amils into the Sri Lankan military, Tamil language training for Sinhalese military personnel, and human rights training for all military personnel. (e) R EST R ICTION ON MU L TIL A TERAL ASSISTANCE.—The Secretary of the Treasury shall instruct the United States Executive D irectors of the international financial institutions (as defined in section 1 70 1(c)(2) of the International Financial Institutions Act (22 U.S.C. 2 6 2r(c)(2))) to vote against any loan, agreement, or other financial support for Sri Lanka except to meet basic human needs, unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the requirements in subsection (b)(3). INTERNATIONAL M ONETAR Y FUND PRO V ISIONS SEC. 70 9 0. (a) O PPOSITION TO H ARD CURRENCY FOR SDRS RECEIVED B Y TERRORIST COUNTRIES.—The Secretary of the Treasury shall instruct the United States Executive Director at the International Monetary Fund (the Fund) to use the voice and vote of the United States to oppose the provision by the Fund of United States dollars, euros, or J apanese yen to any country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, or section 40 of the Arms Export Control Act, to be a government that has repeatedly provided support for acts of international terrorism, in exchange for any Special Drawing Rights received by the country pursuant to the amendments to the Articles of Agreement of the Fund as described in section 64 of the B retton W oods Agreements Act. Det e rmina ti o n .C erti f i c ation.


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 123STA T . 3 406PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9(b)CONDIT ION ALSU N SE TON A UT H O R IT Y TO M A K E L OANS TO F UND THE N E W ARRAN G E M ENTS TO B ORROW .— S ection17 ( a )o f t h e B r etton W oo ds A g ree m ents Act ( 2 2 U .S.C. 2 86 e – 2(a)) is amended b y adding at the end the fo l lo w ing

‘( 3 ) T hea u thority to ma k e loans under this section shall e xp ire on the date that is 5 years after the date of the enactment of this paragraph unless the Secretary of the Treasury , not later than 6 0 days before such expiration date or 60 days prior to the renewal of the decision go v erning the New Arrange - ments to Borrow (NAB), whichever occurs first, certifies to the appropriate congressional committees, that— ‘‘(A) no amendments made, or anticipated to be made, to the NAB to achieve an expanded and more flexible NAB, as described in paragraph 17 of the G 20 Leaders ’ Statement at the 200 9 London Summit, will impair the ability of the Secretary of the Treasury to consider a renewal of the NAB decision at intervals no greater than 5 years and to withdraw the adherence of the United States to the NAB decision as is currently provided under paragraph 19 of the New Arrangement to Borrow, adopted by the E xecutive Board of the I nternational Monetary Fund (IMF) on J anuary 27, 1997 and ‘‘(B)(i) the IMF will borrow resources from members under the NAB only when q uota resources need to be supplemented in order to forestall or cope with an impair- ment of the international monetary system or to deal with an exceptional situation that poses a threat to the stability of that system; ‘‘(ii) the IMF has, prior to any activation of the NAB, fully explored other means of funding to supplement any potential shortfall in quota resources necessary to forestall or cope with an impairment of the international monetary system or to deal with an exceptional situation that poses a threat to the stability of that system; or ‘‘(iii) it is in the United States’ strategic economic interest to maintain the relative si z e or lower of the United States contribution to the NAB as in effect on the date of the certification. ‘‘( 4 ) Not later than 15 days before submitting the certifi- cation under paragraph (3), the Secretary of the Treasury shall consult with the appropriate congressional committees regarding such certification.’’. (c) LIMITATION ON P ER C ENTAGE O F NEW ARRANGEMENTS TO BORROW TO BE FUNDED B Y THE UNITED STATES.—Section 17(a)(2) of the Bretton Woods Agreements Act (22 U.S.C. 286e–2(a)(2)) is amended by striking ‘‘is representative of its share as of the date of the enactment of this Act’’ and inserting ‘‘remains not greater than 20 percent, which approximates the United States share as of the date of the enactment of the Supplemental Appropriations Act, 2009 Public Law 111–32’’. (d) R E P ORTING RE Q UIREMENTS.—Not later than 60 days after the enactment of this Act and annually thereafter until September 30, 2014, the Secretary of the Treasury, in consultation with other appropriate Federal agencies, shall submit to the Committees on Appropriations a report on the loans made and programs carried out using financing provided by or through the New Arrangements Deadlin e .C e rt i f i c ati o n. Con su ltation. Exp iration date. Deadlines. Certification.


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 123STA T . 3 407PUBLIC LA W 111 – 117 —DE C.1 6, 200 9toB o r ro w:Provide d ,Tha t e a c h su ch re p ort sha l l in clu d e the f ol - lowin g (1)A description of the econo m ies of countries re q uiring the assistance from the N ew Arrangements to Borrow, including the monetar y , fiscal, and e x change rate policies of the countries . ( 2 ) A description of the degree to which the countries requiring the assistance ha v e implemented domestic reforms including — (A) the enactment and implementation of appropriate financial reform legislation (B) strengthening the domestic financial system and improving transparency and supervision; ( C ) opening domestic capital mar k ets; and ( D ) making nontransparent conglomerate practices more transparent through the application of internationally accepted accounting practices, independent external audits, full disclosure, and provision of consolidated statements. ( 3 ) A detailed summary of the trade policies of the coun- tries, including any unfair trade practices or adverse effects of the trade policies on the U nited S tates. ( 4 ) The amount, rate of interest, and dis b ursement and repayment schedules of any funds disbursed by the I nter- national M onetary F und pursuant to the New Arrangements to Borrow. INTEL LE C T UA L PRO PERT Y RI GH T S PROTECTIONS SEC. 709 1. Not later than 6 0 days after enactment of this Act and every 120 days thereafter until September 30, 2010, the Secretary of State shall submit a report to the Committees on Appropriations detailing actions taken by the Secretary during negotiations on the United Nations Framework Convention on Cli- mate Change, and subsequent international climate change negotia- tions, to promote compliance with and enforcement of existing inter- national legal requirements concerning intellectual property rights and effective intellectual property rights protection and enforcement for energy and environmental technologies. PROHI B ITION ON CERTAIN F IRST-CLASS TRA V EL SEC. 7092. None of the funds made available in this Act may be used for first-class travel by employees of agencies funded by this Act in contravention of sections 301 – 10.122 through 301–10.124 of title 41, Code of Federal R egulations. LI M ITATION ON USE OF FUN D S IN CONTRAVENTION OF CERTAIN LA W S SEC. 7093. None of the funds made available in this Act or prior Acts may be used in contravention of any provision of, or amendment made by, this Act or sections 1110, 1112, 1403, or 1404 of the Supplemental Appropriations Act, 2009 ( P ublic L aw 111–32), unless such authority is expressly provided in statute: Provided, That if a determination is made on constitutional grounds by the E xecutive Branch that any provision of law covered by the preceding sentence shall not apply, the head of the relevant Federal agency shall notify the Committees on Appropriations in writing within 5 days of such determination, the basis for such determination and any resulting changes to program and policy. Det e rmina ti o n .N oti f i c ation. Dea dl ine. Deadline s . R e p orts.


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 123STA T . 3 408PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9LEGIS L AT I V E H IST ORY— H . R. 328 8 HO U SE RE P ORTS: Nos . 1 11 – 218 (C o m m.o n A p p r opr iat ions ) an d 111–3 6 6 (Comm. o f Conf e ren c e). SENATE REPORTS: No. 111–6 9 (Comm. on Appropriations). CONGRESSIONAL RECOR D, Vo l .1 5 5(2 0 09): Ju l y 23, considered and passed House. Sept. 10, 11, 1 4 –1 7, considered and passed Senate, amended. Dec. 10, House a g reed to conference report. Senate considered conference report. Dec. 11–13, Senate considered and agreed to conference report. Thisd i v isi onmaybec i t ed as the ‘ ‘ D e p a r tment o fS tate ,F orei g n O perations, and R e l ated P rograms A ppropriations Act, 201 0 ’ ’ Approved December 1 6, 200 9.


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 123STA T . 3 409PUBLIC LA W 111 – 11 8—DE C. 19 , 2009 PublicLaw1 11 – 11 8 111 thCongres s A n Act Making a p p ro pria t ion sf ort heD epart m ent of Defense for the fis c a ly ear en d ing S eptem b er 30,2 0 1 0, and for other p u rposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ D e p a r tme n t of Defense Appropria - tions Act ,201 0 ’ ’ . SEC. 2 .T AB LEO F CONTENTS. The tab l e of contents of this Act is as follo w s Sec. 1. Short title. Sec. 2. T able of contents. Sec. 3. R eferences. D IV ISI ONA— D EP ARTMENT O F DEFENSE APPROPRIATIONS Title I—Military Personnel Title II—Operation and Maintenance Title III—Procurement Title IV—Research, De v elopment, Test and Evaluation Title V—Revolving and Management Funds Title VI—Other Department of Defense Programs Title VII—Related Agencies Title VIII— G eneral Provisions Title I X —Overseas C ontingency Operations DIVISION B —OT H ER MATTERS SEC. 3 . REFERENCES. Ex cept as expressly pro v ided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as referrin g only to the provisions of that division. DIV I S I ONA— D EP A RTM ENT O F DEFENSE APPROPRIATIONS The following s u ms are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending S eptember 3 0, 2010, for military functions administered by the Department of Defense and for other purposes, namely: Departm e n t of Defen s e A ppropr i ations A c t ,201 0 . 1 USC 1 note. Department of Defense Appropriations Act, 2010. Dec. 1 9, 2009 [H . R. 3 32 6]


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 123STA T . 3 4 1 0PUBLIC LA W 111 – 11 8—DE C.1 9, 2009 TI T LE I M ILIT ARYP ER SON NEL M IL I TARY P E R SON NEL , AR M Y Forpay ,a l lo w a nces , i n d i v id u al clo th in g ,su b sistence, interest on deposits, gratuities, per m anent change o f station travel ( including all e x penses thereof for organi z ational movements ) , and expenses of temporary duty travel between permanent duty sta - tions, for members of the Army on active duty, (except members of reserve components provided for elsewhere), cadets, and aviation cadets for members of the Reserve Officers ’ Training C orps; and for payments pursuant to section 156 of Public Law 97–3 77, as amended ( 42U. S.C. 4 0 2 note), and to the D epartment of Defense Military Retirement Fund, $ 41,005,612,000. MILITARY PERSONNEL, NA V Y For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty sta- tions, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $25,2 8 9,049,000. MILITARY PERSONNEL, MARINE COR P S For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty sta- tions, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retire- ment Fund, $12,799,990,000. MILITARY PERSONNEL, AIR FOR C E For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty sta- tions, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers’ Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $26,174,136,000.


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 123STA T . 3 4 11 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 RES E RV E P ERS ON NE L,A R MYForpay ,a l lo w a nces , clo thi n g ,s ub sistence, gratuities, tra v el, an d related e x penses f or personnel of the Ar m y Reserve on active duty under sections 102 11, 10 3 02, and 303 8 of title 10, U nited S tates C ode, or while serving on active duty under section 12301 ( d ) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills ore q uivalent duty or other duty, and expenses authori z ed by section 1 6 131 of title 10, United States Code and for payments to the D epartment of Defense M ilitary Retirement Fund, $4 ,304, 7 13,000 . RESERVE PERSONNEL, NA VY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1, 9 09,301,000. RESERVE PERSONNEL, MAR I NE COR P S For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while under - going reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $613, 5 00,000. RESERVE PERSONNEL, AIR FOR C E For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with per- forming duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,589,412,000. NA T IONAL GU AR D PERSONNEL, ARMY For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard


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 123STA T . 3 4 12 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 whileonduty unde rs e c tion 102 11, 10 3 02, or 12 4 02o f title 10 or section 7 0 8 of title 32, U nited S t a tes C ode, or while ser v in g on duty under section 12301 ( d ) of title 10 or section 5 02(f) of title 32, United States Code, in connection with p erfor m ing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or e q uivalent duty or other duty, and e x penses authori z ed b y section 1 6 131 of title 10, United States Code and for payments to the D epartment of Defense M ilitary R etirement F und, $ 7,546, 9 05,000 .NATION A LGU A RDPE R S ONNEL, A IR FOR C E For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under section 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while under - going training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $2,938,229,000. TI T LE II O PERATION AND MAINTENANCE O P ERATION AND MAINTENANCE, AR MY For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law; and not to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes, $30,934,550,000. OPERATION AND MAINTENANCE, NA V Y For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law; and not to exceed $14,657,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and pay- ments may be made on his certificate of necessity for confidential military purposes, $34,714,396,000. OPERATION AND MAINTENANCE, MARINE CORPS For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $5,539,117,000. OPERATION AND MAINTENANCE, AIR FORCE For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law;


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 123STA T . 3 4 13 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 and n ot to exc eed $7,69 9, 0 00 can b e us ed f o r e m er g enc i es and extraordinar y ex p enses, to be expended on t h e appro v a l or authority of the S ecretary of the A ir F orce, and payments may be made on his certificate of necessity for confidential military purposes, $ 3 3, 4 77, 1 16,000 .OPERATION AN DM AINTENAN C E, D E F EN S E -W IDE ( INC LU DIN G TRANSFER OF FUNDS ) For expenses, not other w ise provided for, necessary for the operation and maintenance of activities and agencies of the Depart- ment of Defense ( other than the military departments ) , as author- i z edbylaw,$ 28 ,11 5 ,793,000
 * Provide

d, T hat not more than $50,000,000 may be used for the C ombatant Commander I nitiative Fund authorized under section 166a of title 10, U nited States Code: Provided fu r th er, That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That of the funds provided under this heading, not less than $29,732,000 shall be made avail- able for the P rocurement Technical Assistance Cooperative Agree- ment Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Sec- retary of Defense, the office of the Secretary of a military depart- ment, or the service head q uarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further, That $6,667,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and mainte- nance funds shall not apply to the funds described in the preceding proviso: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. OPERATION AND MAINTENANCE, AR MYR ESER V E For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve repair of facilities and equip- ment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,617,496,000. OPERATION AND MAINTENANCE, N AVY RESERVE For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and


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 123STA T . 3 4 14 PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 admin i str ati o n , o f t heN a vyR eserve re p air of fa c i l ities and e qu ip - ment; hire of passen g er motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $1, 273 ,7 0 1,000 .OPERATION AN DM AINTENAN C E, MARINE C ORP S RESER V E F ore x penses, not other w ise provided for, necessary for the operation and maintenance, including training, organi z ation, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $223,17 5 ,000. OPERATION AND MAINTENANCE, A IR FORCE RESERVE For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transpor- tation; care of the dead; recruiting; procurement of services, sup- plies, and equipment; and communications, $3,131,200,000. OPERATION AND MAINTENANCE, AR MY NATIONA LGU ARD For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, oper- ation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard B ureau; travel expenses ( other than mileage ) , as authorized b y law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifi- cally authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $ 6 ,1 89 ,713,000. OPERATION AND MAINTENANCE, AIR NATIONAL GUARD For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modifica- tion, maintenance, and issue of supplies and equipment, including those furnished from stoc k s under the control of agencies of the D epartment of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard per- sonnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $5,882,251,000.


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 123STA T . 3 4 1 5PUBLIC LA W 111 – 11 8—DE C.1 9, 2 0 09 UNITEDS T A TE SCOUR TO FAP PEA L SFORT H EAR M ED F OR C ES F orsal ar ie sa nd e xp enses ne c essar yf or th e United States Co u rt of Appeals for the Ar m ed Forces ,$13, 9 3 2 , 0 00, of w hich not to exceed $ 5 ,000 may b e used for official representation purposes .E N V IRONMENTAL R ESTORATION, ARM Y( INCLUDIN G TRANSFER OF FUNDS ) For the D epartment of the Army, $ 4 23,3 6 4,000, to remain a v ailable until transferred
 * Provide

d, T hat the Secretary of the Army shall, upon determinin g that such funds are re q uired for environmental restoration, reduction and recycling of ha z ardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made avail - able to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided fu r th er, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred bac k to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. ENVIRONMENTAL RESTORATION, N AVY (INCLUDING TRANSFER OF FUNDS) For the Department of the Navy, $2 8 5,869,000, to remain avail- able until transferred: Provided, That the Secretary of the Navy shall, upon determining that such funds are required for environ- mental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same time period as the appro- priations to which transferred: Provided further, That upon a deter- mination that all or part of the funds transferred from this appro- priation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act. ENVIRONMENTAL RESTORATION, AIR FORCE (INCLUDING TRANSFER OF FUNDS) For the Department of the Air Force, $494,2 7 6,000, to remain available until transferred: Provided, That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made Det e rmina ti o n s. Determinations. Determination.