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 123STA T . 33 54PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Congres s or (2)al lo c a t e dby t h ee x ec u t iv e branch in accordance w ithare p ort , to be provided to the Co m mittees on A ppropriations within 30 days o f the enactment of this Act, as re q uired by section 65 3(a) of the F oreign Assistance Act of 19 61 .AUTHORI TI ESF OR THE P EA C E CORPS, I N TER - A M ERICAN FOUN D ATION AND AFRICAN DE V E L OPMENT FOUNDATION S EC. 7 025. U nless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authori z ing or ma k ing appropriations for the D epartment of State, foreign operations, and related programs, shall not be con- strued to prohibit activities authorized by or conducted under the P eace Corps Act, the I nter-American Foundation Act or the African Development Foundation Act
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d, T hat the agency shall promptly report to the Committees on Appropriations whenever it is conducting activities or is proposing to conduct activities in a country for which assistance is prohibited. COMMERCE, TRADE AND SURPLUS COMMODITIES SEC. 7026. (a) N one of the funds appropriated or made available pursuant to titles III through V I of this Act for direct assistance and none of the funds otherwise made available to the E xport- Import B ank and the O verseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause substantial in j ury to United States producers of the same, similar, or competing commodity: Provided, That such prohibition shall not apply to the Export-Import Bank if in the judgment of its Board of Directors the benefits to industry and employment in the United States are likely to outweigh the injury to United States producers of the same, similar, or competing commodity, and the Chairman of the Board so notifies the Committees on Appropriations. (b) None of the funds appropriated by this or any other Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be available for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publica- tion, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit — (1) activities designed to increase food security in devel- oping countries where such activities will not have a significant impact on the export of agricultural commodities of the United States; or (2) research activities intended primarily to benefit Amer- ican producers. (c) The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for R econstruc- tion and Development, the International Development Association, 2 2 USC 2 6 2 hnote.N ot if i ca tion. R e p o r t s .


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 123STA T . 33 5 5 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9theIn te r n a t io na lF inan c e C or p oration , the Inter -Am erican D e v elop- ment B an k , the International M onetar y F u n d , theA s ian Develop- ment Bank, the Inter-American Investment Corporation, the N orth American Development Bank, the E uropean Bank f or R econstruc- tion and Development, the African Development Bank, and the African Development Fund to use the voice and vote of the U nited S tates to oppose any assistance b y these institutions, usin g funds appropriated or made available pursuant to titles III through V I of this Act, for the production or e x traction of any commodity or mineral for export, if it is in surplus on w orld markets and if the assistance will cause substantial in j ury to United States producers of the same, similar, or competing commodity .SEPAR A T EA C C OUN TS SEC. 702 7. ( a ) SEPARATE ACCOUNTS F OR L OCA L CURRENC I ES. — ( 1 ) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1 96 1 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development (USAID) shall— (A) re q uire that local currencies be deposited in a separate account established by that government (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be gen- erated; and (ii) the terms and conditions under which the cur- rencies so deposited may be utili z ed, consistent with this section; and (C) establish by agreement with that government the responsibilities of USAID and that government to monitor and account for deposits into and disbursements from the separate account. (2) USES OF LOCAL CURRENCIES.—As may be agreed upon with the foreign government, local currencies deposited in a separate account pursuant to subsection (a), or an equivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), for such purposes as— (i) project and sector assistance activities; or (ii) debt and deficit financing; or (B) for the administrative requirements of the United States G overnment. ( 3 ) P RO G RA M MING ACCOUNTA B ILIT Y .—USAID shall take all necessary steps to ensure that the equivalent of the local cur- rencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) T ERMINATION OF ASSISTANCE PROGRAMS.—Upon termi- nation of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 (as the case may be), any unencumbered balances of funds which remain in a separate account established pursu- ant to subsection (a) shall be disposed of for such purposes 2 2 USC 2 36 2 note.

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 123STA T . 33 56PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9asm a ybe a gr ee dto byt h ego v er n ment o f that c o u ntry and the U n i ted S tates G overnment .(5)REPORTING RE QU IRE M ENT. —T he US AID Administrator sha l lre p ort on an annual basis as part of the j ustification documents submitted to the C ommittees on Appropriations on the use of local currencies for the administrative re q uirements of the United States Government as authori z ed in subsection (a)( 2 )( B ) , and such report shall include the amount of local currency (and United States dollar equivalent) used and / or to be used for such purpose in each applicable country. (b) SEP A RATE A C COUNT SF OR CAS H TRANSFERS.— ( 1 ) If assistance is made available to the government of a foreign country, under chapter 1 or 1 0 of part I or chapter 4 of part II of the F oreign Assistance Act of 1 96 1, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them w ith any other funds. (2) APP L ICA B ILIT Y OF OTHER PRO V ISIONS OF LA W .—Such funds may be obligated and e x pended notwithstanding provi - sions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the J oint E xplanatory Statement of the Committee of Conference accompanying H ouse Joint Resolution 64 8 (House Report N o. 98 – 1159). ( 3 ) NOTIFICATION.—At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the P resident shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion of the United States interests that will be served by the assist- ance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance). (4) E X EMPTION.—Nonproject sector assistance funds may be exempt from the requirements of subsection (b)(1) only through the regular notification procedures of the Committees on Appropriations. ELIGIBILITY FOR ASSISTANCE SEC. 7 028. (a) ASSISTANCE THROUGH NONGOVERNMENTAL O RGANI Z ATIONS.—Restrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organizations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and from funds appropriated under the heading ‘ ‘Assistance for Europe, Eurasia and Central Asia ’ ’
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d , That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the President shall notify the Committees on Appropriations under the regular notification proce- dures of those committees, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided fu r th er, That nothing in this subsection shall be construed to alter any existing statutory Aborti o n.S t e ri l i za tion. P re s i d ent. N oti f i c ation. D eadline. President.


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 123STA T . 33 57PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9prohib i t io nsag ainst abortion or in v o lu ntar y st e rili z ations c ontaine d in this or any other A ct .( b )PUBLICLAW480 . —D uring f iscal year 2 0 1 0, restrictions con - tained in this or any other Act w ith respect to assistance for a country shall not be construed to restrict assistance under the Agricultural T rade Develop m ent and Assistance Act of 1 95 4
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d , That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or e x pended except as provided through the regular notification procedures of the C ommittees on Appropriations. (c) EX C EPT I ON .—This section shall not apply— (1) with respect to section 6 20A of the F oreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates inter- nationally recognized human rights. I M PACT ON J OB S INT H E UNITE D STATES S EC. 7 029. N one of the funds appropriated under titles III through V I of this Act may be obligated or expended to provide— (1) any financial incentive to a business enterprise cur- rently located in the U nited States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is li k ely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; or (2) assistance for any program, pro j ect, or activity that contributes to the violation of internationally recognized workers rights, as defined in section 507(4) of the Trade Act of 1974, of workers in the recipient country, including any designated zone or area in that country: Provided, That the application of section 507(4)(D) and (E) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small-scale enter- prise, and smallholder agriculture. INTE R NATIONAL F INANCIAL INSTITUTIONS SEC. 70 3 0. (a) None of the funds appropriated in title V of this Act may be made as payment to any international financial institution while the United States Executive Director to such institution is compensated by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occupying a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, or while any alternate United States Director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 5316 of title 5, United States Code. (b) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution


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 123STA T . 33 58PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9to o p po seanyl oan ,gr ant, strategy or pol ic yo f s u c h institution that w oul d re q uire user fees or ser v ice charges on poor people for pri m ary education or primary healthcare, including prevention, care and treatment for HIV/A I DS , malaria, tu b erculosis, and infant, child, and maternal health, in connection with the institutions ’ financing programs .( c )T he Secretary of the Treasury shall instruct the U nited States Ex ecutive Director of the International M onetary F und (the Fund) to use the voice and vote of the United States to oppose any loan, pro j ect, agreement, memorandum, instrument, plan, or other program of the Fund to a Heavily Indebted P oor C ountry that imposes budget caps or restraints that do not allow the mainte - nance of or an increase in governmental spending on health care or education and to promote government spending on health care, education, food aid, or other critical safety net programs in all of the Fund’s activities with respect to Heavily Indebted Poor Coun- tries. (d) For purposes of this section ‘ ‘international financial institu- tions’’ are the International B an k for R econstruction and Develop- ment, the Inter-American Development Bank, the Asian Develop- ment Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Monetary Fund, the N orth American Development Bank, and the European Bank for Reconstruction and Development. DEBT - FOR -DE V E L O PM E N T SE C . 7031 . In order to enhance the continued participation of nongovernmental organi z ations in debt-for-development and debt- for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization. AU T H OR I T Y TO EN G AGE IN DEBT BUYBAC KS OR SALES SEC. 703 2 . (a) L OANS ELIGIBLE FOR SALE, REDUCTION, OR CAN- CELLATION. — (1) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS.—Notwithstanding any other provision of law, the Presi- dent may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before J anuary 1, 1 9 9 5, pursuant to the Foreign Assistance Act of 19 6 1, to the government of any eligible country as defined in section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, only for the purpose of facilitating— (A) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or (B) a debt buyback by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than 4 0 percent of the price paid for such debt by such eligible country, or the difference between Notif i ca tio n.


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 123STA T . 33 59PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 thepric ep a i dfo r su ch de b ta n d the face v a l ue of such debt , to support activities that lin k conservation and sustainable use of natural resources w ith local co m munit y development, and child survival and other child develop - ment, in a manner consistent with sections 70 7 throu g h 7 1 0ofthe F oreign A ssistance Act of 1 96 1, if the sale, reduction, or cancellation would not contravene any term or condition of any prior agreement relating to such loan .(2)TERMSANDCO ND IT IONS. —N otwithstanding any other provision of law, the P resident shall, in accordance with this section, establish the terms and conditions under which loans may be sold, reduced, or canceled pursuant to this section. ( 3 ) ADMINISTRATION.—The Facility, as defined in section 702( 8 ) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for admin- istering part I of the Foreign Assistance Act of 1961 of pur- chasers that the President has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section
 * Provide

d, That such agency shall make ad j ustment in its accounts to reflect the sale, reduction, or cancellation. ( 4 ) L IMITATION.—The authorities of this subsection shall be available only to the e x tent that appropriations for the cost of the modification, as defined in section 5 02 of the C ongressional B udget Act of 1974, are made in advance. (b) D E P OSIT O F PROCEEDS.—The proceeds from the sale, reduc- tion, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the U nited S tates G overnment account or accounts established for the repayment of such loan. (c) EL I G I B LEP U RC H ASERS.—A loan may be sold pursuant to subsection (a)(1)(A) only to a purchaser who presents plans satisfac- tory to the President for using the loan for the purpose of engaging in debt-for-e q uity swaps, debt-for-development swaps, or debt-for- nature swaps. (d) DEBTOR CONSULTATIONS.—Before the sale to any eligible purchaser, or any reduction or cancellation pursuant to this section, of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. (e) A V AILABILIT Y OF FUNDS.—The authority provided by sub- section (a) may be used only with regard to funds appropriated by this Act under the heading ‘ ‘Debt R estructuring ’ ’. SPECIAL DEBT RELIEF FOR THE POOREST SEC. 7033. (a) AUTHORITY TO REDUCE DEBT.—The President may reduce amounts owed to the United States (or any agency of the United States) by an eligible country as a result of— (1) guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961 (2) credits extended or guarantees issued under the Arms Export Control Act; or (3) any obligation or portion of such obligation, to pay for purchases of United States agricultural commodities guaran- teed by the Commodity Credit Corporation under export credit guarantee programs authori z ed pursuant to section 5(f) of the Notif i ca tio n.Pres i d ent. D eter m ination. President.


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 123STA T . 33 60PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9Com mo dity C re dit Cor p or a tio n C h arter Ac to fJu ne 29,1 9 48, a s amended, section 4 (b) of the F ood for P eace Act of 19 6 6, as amended (Pub l ic L a w 89 – 8 0 8), or section 202 of the A g ricul - tural T rade Act of 19 7 8, as amended (Public Law 9 5 –501) . (b) L IM I TA TI ONS . — (1) The authority pro v ided by subsection (a) may be e x er- cised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ‘ ‘Paris Club Agreed M inutes ’ ’. (2) The authority provided by subsection (a) may be exer- cised only in such amounts or to such extent as is provided in advance by appropriations Acts. ( 3 ) The authority provided by subsection (a) may be exer- cised only with respect to countries with heavy debt burdens that are eligible to borrow from the I nternational D evelopment Association, but not from the International B an k for R econstruction and Development, commonly referred to as ‘‘IDA-only’’ countries. (c) CON D ITIONS.—The authority provided by subsection (a) may be exercised only with respect to a country whose government— (1) does not have an excessive level of military expendi- tures (2) has not repeatedly provided support for acts of inter- national terrorism; (3) is not failing to cooperate on international narcotics control matters; (4) (including its military or other security forces) does not engage in a consistent pattern of gross violations of inter- nationally recogni z ed human rights; and (5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Y ears 1994 and 1995. (d) A V AI L A B ILIT Y O F F U NDS.—The authority provided by sub- section (a) may be used only with regard to the funds appropriated by this Act under the heading ‘‘Debt Restructuring’’. (e) C ER TAIN PRO H IBITIONS INA P PLI C ABLE.—A reduction of debt pursuant to subsection (a) shall not be considered assistance for the purposes of any provision of law limiting assistance to a country
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d, That the authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act of 1975. SPECIAL AUTHORITIES S EC. 7034. (a) AF G HANISTAN, IRA Q ,PA K ISTAN, LEBANON, MON- TENEGRO, V ICTIMS OF W AR, DISPLACED CHILDREN, AND DISPLACED BURMESE.—Funds appropriated under titles III through VI of this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assist- ance Act of 1961, and funds appropriated in titles III and VI of this Act that are made available for Ira q , Lebanon, Montenegro, Pakistan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, sub j ect Notif i ca tio n.


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 123STA T . 33 6 1 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9to t her e gula r n ot if i c ation p roce d ure s of the C o m mittees on A ppro - priations , to com b at such traffic k ing, ma y be made a v ailable not- w ithstanding any other provision of law .( b )WAIVER . — ( 1 ) T he P resident may waive the provisions of section 1 0 0 3 of Public L aw 100 –2 0 4 if the President determines and certifies in writing to the S peaker of the H ouse of R epresentatives, the President pro tempore of the Senate, and the Committees on Appropriations that it is important to the national security interests of the U nited States. (2) PERI OD O F A P P L I C A T IO N OF W AIVER.—Any waiver pursu- ant to paragraph (1) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (c) S M ALL BUS INESS.— I n entering into multiple award indefi- nite- q uantity contracts with funds appropriated by this Act, the United States Agency for International D evelopment may provide ane x ception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (d) AUT H ORIT Y REPEALED.—Section 7 034(d) of Public Law 111– 8 is hereby repealed. (e) RECONSTITUTIN G CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under section 660(b)(6) of the F oreign Assistance Act of 1 9 61, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from insta- bility. (f) EX TENSION OF AUTHORITY.—The Foreign O perations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended— (1) in section 5 99D (8 U.S.C. 1157 note)— (A) in subsection (b)(3), by striking ‘ ‘and 2009 ’ ’ and inserting ‘‘2009, and 2010’’ and (B) in subsection (e), by striking ‘‘2009’’ each place it appears and inserting ‘‘2010’’; and (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ‘‘2009’’ and inserting ‘‘2010’’. (g) WORLD FOOD PROGRAM.—Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development, from this or any other Act, not less than $ 10,000,000 shall be made available as a general contribution to the World Food Program, notwith- standing any other provision of law. (h) DISARMAMENT, DEMO B ILI Z ATION AND REINTEGRATION.— N ot- withstanding any other provision of law, regulation or Executive order, funds appropriated by this Act and prior Acts making appro- priations for the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’, ‘‘Peacekeeping Operations’’, ‘‘International Disaster Assistance’’, and ‘‘Transition Initiatives’’ should be made available to support pro- grams to disarm, demobili z e, and reintegrate into civilian society former members of foreign terrorist organizations
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d , That the Secretary of State shall consult with the Committees on Appro- priations prior to the obligation of funds pursuant to this subsection: Provided fu r th er, That for the purposes of this subsection the term Defin i t i o n .C on sul t a tion. Ante,p . 87 7. Pr esi d ent. Deter m ination. Certifi c ation.


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 123STA T . 33 6 2 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9‘ ‘ foreignt errori s t org a ni z ation ’ ’ m eans an organization d esignated as a terrorist organization u nder se c tion 219 oft h e I mmigration and N ationa l it yA ct .( i )MID D LEEASTFOUN DATION. — Funds a p propriated b y this Act and prior Acts for a Middle East Foundation shall be sub j ect to the regular notification procedures of the C ommittees on Appro - priations. (j) CONTIN G EN C IES.— D uring fiscal year 2 0 10, the P resident may use up to $5 0,000,000 under the authority of section 4 51 of the Foreign Assistance Act of 19 6 1, not w ithstanding any other pro v ision of law. ( k )P R OGRA MF OR R ESEARC H AND T RAINING ON EASTERN EURO P E AND THE INDEPENDENT S TATES OF THE FORMER SO V IET U NION.— O f the funds appropriated by this Act under the heading, ‘‘Economic Support Fund’’, not less than $5,000,000 shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union (title V III) as authorized by the Soviet-Eastern European Research and Training Act of 19 83 (22 U.S.C. 4501 – 4508, as amended). (l) INTERPARLIAMENTAR Y E X CHANGES.—Of the unobligated funds in the ‘‘Educational and Cultural E x change Programs’’ appro- priation account, $411,68 7 shall be transferred to the permanent appropriation for delegation expenses provided under section 303 of the Departments of Commerce, J ustice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988, as enacted into law by section 101(a) of Public L aw 100–202 (22 USC 276e note), for the purpose of conducting Interparliamentary Exchanges and shall remain available until expended. (m) DEMOCRACY PROMOTION.— (1) Funds made available by this Act that are made avail- able for the promotion of democracy may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy, any regulation. (2) For the purposes of funds appropriated by this Act, the term ‘‘promotion of democracy’’ means programs that sup- port good governance, human rights, independent media, and the rule of law, and otherwise strengthen the capacity of demo- cratic political parties, governments, nongovernmental organizations and institutions, and citizens to support the development of democratic states, institutions, and practices that are responsive and accountable to citizens. (3) Any contract, grant, or cooperative agreement (or any amendment to any contract, grant or cooperative agreement) in excess of $1,000,000 of funds under the heading ‘‘Democracy Fund’’, and in excess of $2,500,000 under other headings in this Act for the promotion of democracy, with the exception of programs and activities of the National Endowment for Democracy, shall be subject to the regular notification proce- dures of the Committees on Appropriations. (4) W ith respect to the provision of assistance for democ- racy, human rights and governance activities in this Act, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the government of any foreign country. (5) Of the funds appropriated under title III of this Act that are made available for the promotion of democracy, not less than $30,000,000 shall be made available to expand access Contrac t s.G rants. N ot if ication. Notification.


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 123STA T . 33 6 3 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9toinf o rma tion an dc omm u nication s t h rou g hth eI nternet , and sha l l b e used for p rograms that pro v ide unmonitored and uncen - sored access to the Internet for large numbers of users living in closed societies that have acutel y hostile Internet environ- ments .( n )PERSON NE L . —T he authority provided by section 1 11 3 of Public L a w 111 – 3 2 shall remain in effect through fiscal year 2 0 10. (o) P A R T NER V ETT I N G .— N one of the funds appropriated by this A ct or any prior Act may be used by the S ecretary of State or the Administrator of the U nited States Agency for International D evelopment (USAID) to implement a Partner Vetting System (PVS)
 * Provide

d, That notwithstanding the previous sentence, funds appropriated by this Act may be used to implement a PVS pilot program, including necessary rulema k ing: Provided fu r th er, That any such PVS pilot program shall apply e q ually to the programs and activities of the Department of State and USAID: Provided further, That the Secretary of State and the USAID Administrator shall j ointly consult with the C ommittees on Appropriations not later than 9 0 days after enactment of this Act and prior to the implementation of such a PVS pilot program, and such funds shall be subject to the regular notification procedures of the Committees on Appropriations. (p) S P EN D ING PLANS.—The Secretary of State shall submit to the Committees on Appropriations not later than 45 days after enactment of this Act, and prior to the initial obligation of funds for assistance for Afghanistan, Pakistan, and Iraq, detailed spending plans for funds appropriated for such purposes. (q) TE CH NICAL CORRECTIONS.— (1)(A) Section 67 of the B retton W oods Agreements Act, as added by section 1402 of the Supplemental Appropriations Act, 2009 (Public Law 111–32), is amended by striking ‘ ‘resolu- tion numbered 54–4 ’ ’ and inserting ‘‘resolution numbered 52– 4’’. (B) The amendment made by subparagraph (A) shall take effect as if included in the enactment of section 1402 of Public Law 111–32. (2) Section 302(l) of the F oreign Assistance Act of 1961 is amended by striking ‘‘Vaccine Fund’’ and inserting ‘‘ G AVI Alliance’’. (r) ACCO U NTA B ILIT YR E V IE W BOARDS.—The authority provided by section 301(a)(3) of the O mnibus Diplomatic Security and Antiterrorism Act of 19 8 6 (22 U.S.C. 4831(a)(3)) shall remain in effect through September 30, 2010. (s) PROTECTIONS AND RE M EDIES F OR E MPLOYEES OF DIPLOMATIC M ISSIONS AND INTERNATIONAL ORGANI Z ATIONS.—The Secretary of State shall promptly and fully implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthori z ation Act of 2008 (Public Law 110–457): Provided, That in determining whether to suspend the issuance of A–3 or G–5 visas to applicants seeking to work for officials of a diplomatic mission or international organization, the Secretary shall consider whether a final court judgment has been issued against a current or former employee of such mission or organization (and the time period for a final appeal has e x pired): Provided further, That the Secretary should assist in obtaining payment of final court judgments awarded to A–3 and G–5 visa holders: Provided further, That the Secretary should include all trafficking cases involving A–3 or G–5 visa Imple me nta t io n .T e r mination d ate. 2 2 USC4831 note. 22 USC 2222. Ef fe c ti v e date. 22 USC 28 6s s note. Ante, p.1 9 18. D eadline. Cons u ltation. Deadline. N otification. A pplica b ilit y . Termination date.


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Page:United States Statutes at Large Volume 123.djvu/3384

 123STA T . 33 64PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9holdersint he T r af fi ck in g in P ersons ann u al re p ort w here a final ci v il j udg m ent has b een issued ( and the time period for final appeal has e x pired ) or the D epartment of J ustice has determined that the U nited S tates G overnment would seek to indict the diplomat or a famil y member but for diplomatic immunity . (t) INTER N A T IO NA L TRI BU NAL F OR Y U G O S LA V IA. — Section 1342 (c)(3) of the N ational Defense A uthori z ation Act for F iscal Year 1 9 9 6 (Public L aw1 0 4 – 106) is amended by adding ‘ ‘, as amended ’ ’ after ‘‘signed at The H ague, O ctober 5, 1994’’. ARAB LEAGUE BO YC OTT OF ISRAEL SEC. 7 035. It is the sense of the C ongress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to United States investment and trade in the M iddle E ast and North Africa (2) the Arab League boycott, which was regrettably reinstated in 1997, should be immediately and publicly termi - nated, and the Central Office for the B oycott of Israel imme- diately disbanded; (3) all Arab League states should normalize relations with their neighbor Israel; (4) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for example, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading part- ners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. P ALESTINIAN STATE H OO D SEC. 7036. (a) LI M ITATION ON ASSISTANCE.—None of the funds appropriated under titles III through V I of this Act may be provided to support a Palestinian state unless the Secretary of State deter- mines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— (A) has demonstrated a firm commitment to peaceful co-existence with the State of Israel; (B) is taking appropriate measures to counter terrorism and terrorist financing in the W est Bank and Gaza, including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appro- priate security organizations; and (2) the Palestinian Authority (or the governing entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to establish a just, lasting, and comprehensive peace in the Middle East that will enable Israel and an independent Palestinian state to exist Det e rmina ti o n .C erti f i c ation. 18US C 3 181 note.


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 123STA T . 33 65PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9with i n th eco nte x to f f ul l a n d no rm al relation s hi p s , which should include —(A) termination of all claims or states of b elli g erenc y; ( B ) respect for and ac k nowledgment of the so v ereignty, territorial integrity, and political independence of every state in the area through measures including the establish - ment of demilitari z ed zones; ( C ) their right to live in peace within secure and recog- nized boundaries free from threats or acts of force; ( D ) freedom of navigation through international water- ways in the area; and ( E ) a framework for achieving a j ust settlement of the refugee problem . (b) SENS E OF CON GR ESS.— I t is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) WAIV ER.— T he P resident may waive subsection (a) if he determines that it is important to the national security interests of the U nited States to do so. (d) E X E MPT ION.—The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the re q uirements of subsection (a), consistent with the provisions of section 704 0ofthisAct( ‘ ‘ L imitation on Assistance to the Palestinian Authority ’ ’). RESTRI C TIONS CONCERNING T H EPA L ESTINIAN A U THORIT Y SEC. 70 3 7. N one of the funds appropriated under titles II through V I of this Act may be obligated or expended to create in any part of J erusalem a new office of any department or agency of the United States G overnment for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian gov- erning entity provided for in the Israel-PL O Declaration of Prin- ciples
 * Provide

d, That this restriction shall not apply to the acquisi- tion of additional space for the existing Consulate General in Jeru- salem: Provided fu r th er, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem: Provided further, That as has been true in the past, officers and employees of the United States Government may con- tinue to meet in Jerusalem on other subjects with Palestinians (including those who now occupy positions in the Palestinian Authority), have social contacts, and have incidental discussions. PROHI B ITION ON ASSISTANCE TO THE PALESTINIAN BROA D CASTING CORPORATION SEC. 703 8 . None of the funds appropriated or otherwise made available by this Act may be used to provide equipment, technical support, consulting services, or any other form of assistance to the Palestinian Broadcasting Corporation. Presid e nt.D eter m in a ti o n.


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Page:United States Statutes at Large Volume 123.djvu/3386

 123STA T . 33 6 6 PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9AS S I S T A NCEFOR T H E W EST B AN K AN DG A Z A S EC .7039 . (a)OV ERSIGHT. —Forfisc a lye ar 2 0 1 0, 30 d ays p rior t ot h ei n itial o b li g ation of f u nds for the bilateral W est B an k and G a z a P rogra m , the Secretary of State shall certify to the C ommit - tees on A ppropriations that procedures ha v e been established to assure the Comptroller General of the U nited States w ill have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading ‘ ‘ E conomic Support Fund ’ ’ for the West Bank and Gaza. (b) V ETTING.—Prior to the obligation of funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ for assist- ance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or edu- cational institutions, those that have as a principal officer of the entity’s governing board or governing board of trustees any indi- vidual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization
 * Provide

d, T hat the Secretary of State shall, as appropriate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assist- ance to any individual, entity, or educational institution which the Secretary has determined to be involved in or advocating ter- rorist activity. (c) PROHIBITION.— (1) N one of the funds appropriated under titles I II through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have com- mitted acts of terrorism. (2) Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations Acts, including funds made available by transfer, may be made avail- able for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been estab- lished for security assistance for the West Bank and Gaza and reports on the e x tent of Palestinian compliance with such benchmarks. (d) A U DITS.— (1) The Administrator of the United States Agency for International D evelopment shall ensure that Federal or non- Federal audits of all contractors and grantees, and significant subcontractors and sub-grantees, under the West Bank and Gaza Program, are conducted at least on an annual basis to ensure, among other things, compliance with this section. (2) Of the funds appropriated by this Act up to $5 00,000 may be used by the Office of Inspector General of the United States Agency for International Development for audits, inspec- tions, and other activities in furtherance of the re q uirements of this subsection: Provided, That such funds are in addition to funds otherwise available for such purposes. Reports.P ro c e du res. D eter mina tion. T errorism. Dead l ine. C erti f ication. Procedures.


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Page:United States Statutes at Large Volume 123.djvu/3387

 123STA T . 33 67PUBLIC LA W 111 – 117 —DE C. 16 , 2 0 0 9(e)Subs e q ue nt t o t h e c e r t if ic a tion s p ecifie d in subsection (a) , the C o m ptro l ler G eneral of the U nited States shall conduct an audit and an in v esti g ation of the treatment, handling, and uses of all funds for the bilateral W est B an k and Ga z a P rogram, including all funds provided as cash transfer assistance, in fiscal y ear 201 0 under the heading ‘ ‘ E conomic Support F und ’ ’, and such audit shall address — (1) the e x tent to w hich such Program complies with the requirements of subsections (b) and (c) and (2) an examination of all programs, pro j ects, and activities carried out under such Program, including both obligations and expenditures . (f) Funds made available in this A ct for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. (g) N ot later than 1 8 0 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 210 6 of chapter 2 of title I I of Public L aw 10 9– 1 3 . LIM I TA TI ON ONA S SISTAN CEF O R T H E P ALESTINIAN A U THORIT Y SEC. 7 0 4 0. (a) PROHI B ITION OF FUN D S.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) WAI V ER.— T he prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the H ouse of R epresentatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interests of the United States. (c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) REPORT.—Whenever the waiver authority pursuant to sub - section (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed
 * Provide

d, That the report shall also detail the steps the Palestinian Authority has taken to arrest terrorists, con- fiscate weapons and dismantle the terrorist infrastructure. (e) CERTIFICATION.—If the President exercises the waiver authority under subsection (b), the Secretary of State must certify and report to the Committees on Appropriations prior to the obliga- tion of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll. (f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION O R G ANI Z ATION.— Reports.P res id e n t. President. C erti f i ca tion. D ead l ine. Reports. N otification. Au dit. I n v esti g ation.


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Page:United States Statutes at Large Volume 123.djvu/3388

 123STA T . 33 68PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9(1)None o fth ef u n dsap p r opr i ated in tit l es I II throu g h V I of this Ac t m a yb e obligated for salaries of personnel of the P alestinian Authority located in G a z a or may be obligated ore x pended for assistance to H amas or any entity effecti v ely controlled by Hamas or any po w er - sharing government of which Hamas is a member . ( 2 ) Notwithstanding the limitation of subsection (1) , assist- ance may be provided to a power-sharing government only if the President certifies and reports to the C ommittees on Appropriations that such government, including all of its min- isters or such e q uivalent, has publicly accepted and is complying with the principles contained in section 6 2 0K (b)(1)(A) and ( B ) of the F oreign Assistance Act of 1 9 61, as amended. ( 3 ) T he President may exercise the authority in section 620K(e) of the Foreign Assistance Act as added by the Pales- tinian Anti-Terrorism Act of 2006 (Public L aw 109 –4 46) with respect to this subsection. (4) W henever the certification pursuant to paragraph (2) is exercised, the S ecretary of State shall submit a report to the Committees on Appropriations within 120 days of the cer- tification and every quarter thereafter on whether such govern- ment, including all of its ministers or such equivalent are continuing to comply with the principles contained in section 620K(b)(l)(A) and (B) of the Foreign Assistance Act of 1961, as amended
 * Provide

d, That the report shall also detail the amount, purposes and delivery mechanisms for any assistance provided pursuant to the abovementioned certification and a full accounting of any direct support of such government. ( 5 ) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine Liberation O rganization. SAUDI A R A B IA S EC . 7 041. None of the funds made available in this Act may be obligated or expended to finance any assistance to Saudi Arabia: Provided, That the Secretary of State may waive this section if the Secretary determines that to do so is in the national interest of the U nited States. N EAR EAS T SEC. 7042. (a) EGYP T. — (1) Of the funds appropriated by titles III and IV of this Act, not less than $ 1,295,200,000 shall be made available for assistance for Egypt. (2) Of the funds appropriated by this Act under the heading ‘ ‘Economic Support Fund ’ ’ for assistance for Egypt, up to $50,000,000 may be made available for an endowment to fur- ther the shared interests of the United States and Egypt, consistent with the purposes and requirements for which such funds are requested in the fiscal year 2010 congressional budget j ustification materials and appropriated under such heading: Provided, That the Secretary of State shall consult with the Committees on Appropriations on the establishment of such an endowment, and any funds to be used for such an endow- ment shall be subject to the regular notification procedures of the Committees on Appropriations. Consulta t i on .N oti f i c ation. W ai ver aut h orit y . D eter m ination. R e p orts. Dea d line. P resident. Certification. Reports.


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Page:United States Statutes at Large Volume 123.djvu/3389

 123STA T . 33 69PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 09 (b)IRAQ.— ( 1 ) Ofthe f undsap p ro pr i ated b y tit l esIIIandI V of this Ac t , up to $46 6, 80 0,000 m aybemadea v ailable for assistance for Ira q . ( 2 ) T he terms and conditions of section 1106(a) and (b) of P ublic L a w 111 –3 2 shall apply to assistance for Iraq in fiscal year 2010. (3) N one of the funds made available in this Act may be used by the G overnment of the U nited S tates to enter into a permanent basin g rights agreement between the United States and Iraq. (c) JO R D A N .—Of the funds appropriated by titles III and IV of this Act, not less than $ 5 42, 9 50,000 shall be made available for assistance for Jordan. (d) L EB ANON.— (1) Of the funds appropriated by titles III and IV of this Act, not less than $238,300,000 shall be made available for assistance for Lebanon. (2) F unds appropriated under the heading ‘ ‘Foreign M ili - tary Financing Program ’ ’ in this Act for assistance for Lebanon shall be made available only to professionali z e the Lebanese Armed Forces and to strengthen border security and combat terrorism, including training and equipping the Lebanese Armed Forces to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups and implementing United Nations Security C ouncil R esolution 1 7 01
 * Provide

d, That funds may not be made available for obligation until the Secretary of State pro- vides the Committees on Appropriations a detailed spending plan. (e) M I DD L E E A ST PEA C E.—Funds appropriated by this Act should be made available in a manner to further peace in the Middle East between Israelis and Palestinians. (f) W EST B AN K AND GA Z A.— (1) Of the funds appropriated by titles III and IV of this Act, $502,900,000 shall be made available for assistance for the West Ban k and Gaza. (2) The reporting requirements contained in section 1404 of Public Law 110–242 shall apply to funds made available by this Act, including a description of modifications, if any, to the security strategy of the Palestinian Authority. (3) The reporting requirements regarding the United Nations Relief and Works Agency contained in the j oint e x planatory statement accompanying the Supplemental Appro- priations Act, 2009 (Public Law 111–32, H ouse Report 111– 151) under the heading ‘‘Migration and Refugee Assistance’’ in title X I shall apply to funds made available by this Act under such heading. IRAN SANCTIONS SEC. 7043. (a) USE O F F U NDS.—It is the policy of the United States to seek to prevent Iran from achieving the capability to produce or otherwise manufacture nuclear weapons, including by supporting international diplomatic efforts to halt Iran’s uranium enrichment program, and the President should fully implement and enforce the Iran Sanctions Act of 1996, as amended (Public Ap p licab ili ty. Applicability. S p end in g plan. B a s e r ig h ts. Applicability.


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Page:United States Statutes at Large Volume 123.djvu/3390

 123STA T . 33 70PUBLIC LA W 111 – 117 —DE C.1 6, 200 9Law104- 1 72) a s a me a n s of en c o ur a gi ng foreign go v ernmen t sto re q uire state-owne d and p rivate entities to cease a l l investment in, and support of, I ran ’ s energ y sector and all e x ports of refined petroleum products to Iran .(b )L IM I TA TI ON . — (1) N oneoft h e funds made available in title V I of this A ct under the heading ‘ ‘ P rogram Account’’ or ‘‘ S ubsidy Appro- priation’’ may be used by the E xport-Import B an k of the U nited States to authori z e any new guarantee, insurance, or extension of credit for any pro j ect controlled by an energy producer or refiner that continues to (A) provide Iran with significant refined petroleum resources (B) materially contribute to Iran’s capability to import refined petroleum resources; or ( C ) allow Iran to maintain or expand, in any material respect, its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair. (2) If the Secretary of State determines and reports to the Committees on Appropriations that a country is closely cooperating with efforts of the United States related to Iran, such as through the imposition of sanctions, the Secretary may exempt private entities from such country from the limita- tion under paragraph (1). ( 3 ) T he President may waive the limitation under para- graph (1) if the President determines and reports to the Committees on Appropriations that to do so is important to the national security interest of the United States. (c) REP O R T S .— (1) The Secretary of State shall submit to the Committees on Appropriations, not later than 9 0 days after the date of enactment of this Act and the end of each 90-day period there- after until September 30, 2010, a report on the status of the bilateral and multilateral efforts aimed at curtailing the pursuit by Iran of nuclear weapons technology. (2) The Secretary of State, in consultation with the Sec- retary of the Treasury, shall submit to the Committees on Appropriations, not later than 1 8 0 days after the date of enact- ment of this Act, a report on the status of bilateral United States and multilateral sanctions against Iran and actions taken by the United States and the international community to enforce sanctions against Iran: Provide d, That such report may be submitted in classified form if necessary and shall include the following: (A) a list of all current United States bilateral and multilateral sanctions against Iran; (B) a list of all United States and foreign entities that the Secretary of State has reason to believe may be in violation of existing United States bilateral and multi- lateral sanctions; (C) a detailed description of United States efforts to enforce sanctions, including a list of all investigations initi- ated in the 12 months preceding the date of enactment of this Act that have resulted in a determination that a sanctions violation has occurred, and actions taken by Deadlin e .R e ports . P resident. W ai v era u t h orit y . Deter m ination. Reports. Determination. Reports. Ex emption.


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Page:United States Statutes at Large Volume 123.djvu/3391

 123STA T . 33 7 1 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9theUni te dS t a te sGov e r n m ent pu rsuant to the determina - tion an yc ase in w hich sanctions were waived or other- wise not imposed a g ainst an entity which was determined to have engaged in activities f or which sanctions shou l d b e imposed and the reason why action was not ta k en to sanction the entity; and ( E ) a description of United States diplomatic efforts toe x pand bilateral and multilateral sanctions against I ran and strengthen international efforts to enforce existing sanctions .AIRC RA FT TRA NS F E RAN D C O ORDINATION SEC. 704 4. (a) T RANSFER AU T H ORIT Y . —N otwithstanding any other provision of law or regulation , aircraft procured with funds appropriated by this Act and prior Acts making appropriations for the Department of State, foreign operations, and related pro- grams under the headings ‘ ‘Diplomatic and C onsular P rograms ’ ’, ‘‘International Narcotics Control and L aw Enforcement’’, and ‘‘Andean Counterdrug Programs’’ may be used for any other pro- gram and in any region, including for the transportation of active and standby Civilian R esponse Corps personnel and e q uipment during a deployment
 * (D)
 * Provide

d, That the responsibility for policy decisions and j ustification for the use of such transfer authority shall be the responsibility of the Secretary of State and the Deputy Secretary of State and this responsibility shall not be delegated. (b) PRO P ERTY DISPOSA L .—The authority provided in subsection (a) shall apply only after a determination by the Secretary of State to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the des- ignated country or region: Provided, That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. (c) AIRCRAFT COORDINATION.— ( 1 ) The uses of aircraft purchased or leased by the Depart- ment of State and the United States Agency for International Development (USAID) with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs shall be coordi- nated under the authority of the appropriate Chief of M ission: Provided, That such aircraft may be used to transport F ederal and non-Federal personnel supporting the Department of State and USAID programs and activities: Provided fu r th er, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis. ( 2 ) The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel. (d) AIR FLEETS.—Not later than September 3 0, 2010, the Sec- retary of State, in consultation with the USAID Administrator, shall submit a report to the Committees on Appropriations detailing the total inventory of aircraft procured, leased, or contracted by the Department of State and USAID, the contractors operating such aircraft, and the annual costs of such contracts: Provided, That such report shall also include a best value analysis of the Deadlin e .R e ports . A ppli c a b ilit y . N oti f ication. Applicability. Deter m ination.


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Page:United States Statutes at Large Volume 123.djvu/3392

 123STA T . 33 7 2 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9tradeof f sb et w ee n t h e pu r c hase or l ease of a i rcraft , includin g all aspects of the costs and ris k s associated with air operations such as repair, m aintenance, air safet y and daily operations .WEST E RNH E MI S P HERE S E C . 7045 . ( a )T R AD E C APACIT Y . —O f the funds appropriated by this A ct, not less than $1 0,000,000 under the heading ‘ ‘ D e v elop - ment Assistance ’ ’ and not less than $10,000,000 under the heading ‘‘ E conomic Support F und’’ shall be made available for labor and environmental capacity building activities relating to the free trade agreements with countries of Central America, P eru and the Dominican R epublic. (b) ASSISTANCE FO R H AITI.— (1) The G overnment of Haiti shall be eligible to purchase defense articles and services under the Arms E x port Control Act ( 2 2 U .S.C. 2751 et se q .), for the Coast Guard. (2) Of the funds appropriated by this Act under titles I IIandI V , not less than $2 9 5,5 3 0,000 shall be made available for assistance for Haiti. (3) N one of the funds made available by this Act under the heading ‘‘International Narcotics Control and L aw Enforce- ment’’ may be used to transfer excess weapons, ammunition or other lethal property of an agency of the United States Government to the Government of Haiti for use by the Haitian National Police until the Secretary of State reports to the Committees on Appropriations that any members of the Haitian National Police who have been credibly alleged to have com- mitted serious crimes, including drug trafficking and violations of internationally recogni z ed human rights, have been sus- pended. (c) CARI B BEAN B ASIN SEC U RITY INITIATI V E.—Of the funds appro- priated under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforce- ment’’, and ‘‘Foreign M ilitary Financing Program’’ in this Act, not less than $37,000,000 should be made available for assistance for the countries of the Caribbean Basin, to provide equipment and training to combat drug trafficking and related violence and orga- nized crime, and for j udicial reform, institution building, education, anti-corruption, rule of law activities, and maritime security, of which not less than $21,100,000 should be made available for social justice and education programs to include vocational training, workforce development and juvenile justice activities
 * Provide

d, That none of the funds made available under this subsection shall be made available for budget support or as cash payments. (1) SPENDIN G P L AN.—Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for the countries of the Caribbean Basin by this Act, with concrete goals, actions to be taken, budget proposals, and anticipated results. (2) DEFINITION.—For the purposes of this subsection, the term ‘‘countries of the Caribbean Basin’’ means Antigua and Barbuda, The Bahamas, Barbados, Belize, Dominica, Domini- can Republic, Grenada, Guyana, Haiti, J amaica, St. K itts and Deadlin e .R e ports .


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Page:United States Statutes at Large Volume 123.djvu/3393

 123STA T . 33 7 3 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9Nevis,Sa i ntLuc ia, St .V incent an d t h e Gr enadines, Surina m e, and T rinidad and T ob a g o. ( d )AS S I S TANCEFOR G U ATE M A L A. — ( 1 ) Of the funds a p propriated b y this Act under the heading ‘ ‘ I nternationa l Narcotics C ontrol and La wE nforcement ’ ’ not less than $4, 0 00,000 shall be made available for a U nited States contribution to the International Commission Against Impunity in Guatemala (CICIG). ( 2 ) F unds appropriated by this Act under the heading ‘‘International M ilitary Education and Training’’ (IMET) that are available for assistance for Guatemala, other than for e x panded IMET, may be made available only for the Guate - malan Air Force, Navy and Army Corps of Engineers
 * Provide

d, That assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabili- ties and to participate in international peace k eeping operations: Provided fu r th er, That such funds may be made available only if the Secretary of State certifies that the Air Force, Navy and Army Corps of Engineers are respecting internationally recogni z ed human rights and cooperating with civilian j udicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, and with the CICIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony. ( 3 ) Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing P rogram’’, not more than $1,000,000 may be made available for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Army Corps of Engineers shall only be avail- able for training to improve disaster response capabilities and to participate in international peacekeeping operations: Pro - vided further, That such funds may be made available only if the Secretary of State certifies that the Air Force, Navy and Army Corps of Engineers are respecting internationally recognized human rights and cooperating with civilian judicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, including protecting and providing to the Attorney General’s office all military archives pertaining to the internal armed conflict, and cooperating with the CICIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony: Provided further, That funds made available in this Act for regional naval cooperation and maritime security assistance programs shall not be subject to the funding limitation of this subsection. (e) ASSISTANCE FOR ME X ICO.— (1) ASSISTANCE.—Of the funds appropriated under the headings ‘‘International Narcotics Control and Law Enforce- ment’’, ‘‘Foreign Military Financing Program’’, and ‘‘Economic Support Fund’’ in this Act, not more than $210,2 5 0,000 may be made available for assistance for Mexico, only to combat drug trafficking and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities: Provided, That none of the funds made available under this subsection shall be made available for budget support or as cash payments. Certif i ca ti on. Certification.


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Page:United States Statutes at Large Volume 123.djvu/3394

 123STA T . 33 74PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9(2)AP P LICAB ILI TYOF FI S CAL Y E A R20 0 9 PRO V ISIO N S .—Theprovis io n so f p a ra g raphs ( 1 ) t hro u gh( 3 )ofse c tion 7045 (e) of the D epart m ent of S tate ,F oreign O perations, an dR e l ated P ro - grams Appropriations Act, 200 9 (division H of Pu b lic L a w 111 –8 ) shall appl y to funds appropriated or otherwise made avail- able by this Act for assistance for M e x ico to the same extent and in the same manner as such provisions of law applied to funds appropriated or otherwise made available by such other Act for assistance for Mexico. (f) ASSISTANCE FOR T H E C O U NTRIES OF CENTRAL A M ERICA.— Of the funds appropriated under the headings ‘ ‘ I nternational N ar- cotics Control and Law E nforcement ’ ’, ‘‘Economic Support Fund’’, and ‘‘Foreign Military Financing Program’’, up to $ 83,000,000 may be made available for assistance for the countries of Central America only to combat drug traffic k ing and related violence and organi z ed crime, and for j udicial reform, institution building, anti- corruption, rule of law activities, and maritime security
 * Provide

d, That funds appropriated under the heading ‘‘Economic Support Fund’’ shall be made available through the U nited States Agency for International Development for continued support of an Economic and Social Development Fund for Central America: Provided fu r -th er, That none of the funds made available under this subsection shall be made available for budget support or as cash payments. (1) APPLICABILITY OF FISCAL YEAR 2009 PROVISIONS.—The provisions of paragraphs (1) through (3) of section 7045(f) of the Department of State, Foreign Operations, and Related Pro- grams Appropriations Act, 2009 (division H of Public Law 111– 8) shall apply to funds appropriated or otherwise made avail- able by this Act for assistance for countries of Central America to the same extent and in the same manner as such provisions of law applied to funds appropriated or otherwise made avail- able by such other Act for assistance for the countries of Central America. (2) DEFINITION.—For the purposes of this subsection, the term ‘‘countries of Central America’’ means B elize, Costa Rica, El Salvador, G uatemala, Honduras, Nicaragua, and Panama. (g) AIRCRAFT OPERATIONS AN D MAINTENANCE.—To the max- imum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country. (h) PILOT PRO J ECT.—Not later than J une 30, 2011, the Sec- retary of State, in consultation with the Secretary of Homeland Security, shall submit a report to the Committees on Appropriations on the feasibility of extending the use of passport cards as proof of identity and citizenship for the purposes of international travel by nationals of the United States, Canada, and Mexico to air ports of entry between the United States and Canada and between the United States and Mexico: Provided, That the report shall detail all relevant security, infrastructure, budget, policy, or diplomatic implications that may arise from extending such use of passport cards: Provided further, That the Secretary shall use up to $100,000 of the funds made available under the heading ‘‘Diplomatic and Consular Programs’’ in this Act for a pilot project to test the feasibility of such use of passport cards at selected air ports of entry between the United States and Canada. Deadlin e .R e ports . P assport c ards.


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Page:United States Statutes at Large Volume 123.djvu/3395

 123STA T . 33 75PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9COL O MBIASE C .7046 . (a)AS SIS T A N CE. —Ofthe f unds a p p ro pr i ated under the headin g s ‘ ‘ Ec ono m ic Support F und ’ ’, ‘‘ I nternationa lN arcotics C ontrol and L a w Enforcement’’, ‘‘Nonproliferation, Anti - terrorism, D emining and R elated P rograms’’, ‘‘International M ilitar y Edu- cation and T raining’’, and ‘‘Foreign Military Financing Program’’ in this Act, not more than $521, 8 80,000 shall b emadea v ailable for assistance for Colombia. Funds appropriated by this Act and made available to the Department of State for assistance to the G overnment of Colombia may be used to support a unified campaign against narcotics traf- fic k ing and organi z ations designated as Foreign Terrorist Organiza- tions and successor organizations, and to take actions to protect human health and welfare in emergency circumstances, including undertaking rescue operations
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d , That assistance made available in prior Acts for the Government of Colombia to protect the Cano-Limon pipeline may also be used for purposes for which funds are made available under the heading ‘‘International Nar- cotics Control and Law Enforcement’’ in this Act: Provided fu r th er, That no U nited States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made avail- able by this Act for Colombia: Provided further, That rotary and fi x ed wing aircraft supported with funds appropriated under the heading ‘‘International Narcotics Control and Law Enforcement’’ for assistance for Colombia may be used for aerial or manual drug eradication and interdiction including to transport personnel and supplies and to provide security for such operations, and to provide transport in support of alternative development programs and investigations of cases under the j urisdiction of the Attorney General, the Procuraduria General de la Nacion, and the Defensoria del Pueblo: Provided further, That the President shall ensure that if any helicopter procured with funds in this Act or prior Acts making appropriations for the Department of State, foreign oper- ations, and related programs, is used to aid or abet the operations of any illegal self-defense group, paramilitary organization, illegal security cooperative or successor organizations in Colombia, such helicopter shall be immediately returned to the United States: Provided further, That none of the funds appropriated by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs may be made avail- able for assistance for the Colombian Departamento Administrativo de Seguridad. Of the funds available under the heading ‘‘International Nar- cotics Control and Law Enforcement’’ for the Colombian national police for the procurement of chemicals for aerial coca and poppy eradication programs, not more than 20 percent of such funds may be made available for such eradication programs unless the Secretary of State certifies to the Committees on Appropriations that: (1) the herbicide is being used in accordance with Environ- mental Protection Agency label re q uirements for comparable use in the United States and with Colombian laws and (2) the herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environment, including endemic species: Provided, That such funds may not be made available Certif i ca ti on. Certification. P re s i d ent. H e l ico p ters.


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Page:United States Statutes at Large Volume 123.djvu/3396

 123STA T . 33 76PUBLIC LA W 111 – 117 —DE C. 16 , 2 0 0 9unles s th e S e cr et a r yof State cert i fies to the C o m mittees on Ap pro - priations that any complaints of harm to health or licit crops cause db y such aerial eradication are thorou g hly in v estigated and evaluated , and fair compensation is being paid in a timely manner for meritorious claims
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d fu r th er ,T hat such funds may not be made available for such purposes unless programs are being implemented by the U nited States Agency for I nternational D evelopment, the G overnment of Colombia, or other organi z ations, in consultation and coordination w ith local communities, to provide alternative sources of income in areas where security permits for small-acreage growers and communities whose illicit crops are tar- geted for aerial eradication: Provided further, That none of the funds appropriated by this Act for assistance for Colombia shall be made available for the cultivation or processing of African oil palm, if doing so would contribute to significant loss of native species, disrupt or contaminate natural water sources, reduce local food security, or cause the forced displacement of local people: Provided further, That funds appropriated by this Act may not be used for aerial eradication in Colombia ’ s national par k sor reserves unless the Secretary of State certifies to the Committees on Appropriations on a case-by-case basis that there are no effective alternatives and the eradication is conducted in accordance with Colombian laws .( b ) A P P LICAB ILI TYOFF I S CAL YE A R20 0 9P RO V ISIO N S. — ( 1 )IN G ENERAL.— Ex cept as provided in paragraph (2), the provisions of subsections (b) through (f) of section 7 0 46 of the Department of State, Foreign O perations, and R elated Pro- grams Appropriations Act, 2009 (division H of Public L aw 111 –8 ) shall apply to funds appropriated or otherwise made avail- able by this Act for assistance for Colombia to the same extent and in the same manner as such provisions of law applied to funds appropriated or otherwise made available by such other Act for assistance for Colombia. (2) E X CEPTIONS.—The following provisions of section 7046 of division H of Public Law 111–8 shall apply to funds appro- priated or otherwise made available by this Act for assistance for Colombia as follows: (A) Subsection (b)(1)( B ) is amended by striking clause (iv) and inserting the following: ‘ ‘(iv) That the Government of Colombia is respecting the rights of human rights defenders, j ournalists, trade unionists, political opposition and religious leaders, and indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations.’’. (B) Subsection (b)(2) is amended by striking ‘‘ J uly 3 1, 2009’’ and inserting ‘‘July 31, 2010’’. (C) Subsection (b)(3) is amended by striking ‘‘Andean Counterdrug Programs’’ and inserting ‘‘International N ar- cotics Control and Law Enforcement’’. (D) Subsection (c) is amended by striking ‘‘September 30, 2009’’ and inserting ‘‘September 30, 2010’’. (E) Subsection (d)(1) is amended— (i) by striking ‘‘ $ 16,769,000’’ and inserting ‘‘$18,606,000’’ and Ante,p.8 88. Certif i ca ti on .


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Page:United States Statutes at Large Volume 123.djvu/3397

 123STA T . 33 7 7 PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9(i i )bystr i k i ng‘ ‘ f is cal y e ar 20 0 9’ ’an d inserting ‘‘fiscal year 20 1 0’’ .COM M UNITY-BASEDP O L ICE ASSISTANCE S EC. 7 0 4 7. (a) A UT H O R ITY. —Fu nds m ade a v ailable by titles I IIandI Vo ft h is Act to carry out the p rovisions of chapter 1 of part I and chapters 4 and 6 of part II of the Foreign Assistance Act of 1961 , may be used, not w ithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support demo- cratic governance including assistance for programs to prevent con- flict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. (b) N OTI F ICATION.—Assistance provided under subsection (a) shall be sub j ect to prior consultation with, and the regular notifica- tion procedures of, the C ommittees on Appropriations. PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS SEC. 704 8 . None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the U nited Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country’s delegation at international conferences held under the auspices of multilateral or international organi z ations. W AR CRIMES TRIBUNALS DRAWDOWN SEC. 7049. If the P resident determines that doing so will con- tribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 5 52(c) of the Foreign Assist- ance Act of 1961 of up to $3 0,000,000 of commodities and services for the United Nations W ar Crimes T ribunal established with regard to the former Y ugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof
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d , That the determination re q uired under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided fu r th er, That funds made available pursuant to this section shall be made available subject to the regular notifica- tion procedures of the Committees on Appropriations. PEACE K EEPIN G MISSIONS SEC. 7050. None of the funds made available under title I of this Act may be used for any United Nations activity when it is made known to the Federal official having authority to obligate ore x pend such funds that: (1) the United Nations activity is a peacekeeping mission (2) such activity will involve United States Armed Forces under the command or operational control of a foreign Notif i ca tio n.Pres i d ent. D eter m ination.


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Page:United States Statutes at Large Volume 123.djvu/3398

 123STA T . 33 78PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9natio na l; an d(3) t hePr e s ident ’ s m ilitar y ad v isors have not s ub- mitted to the President a re c ommendation that such involvement is in the national interests o f the U nited S tates and the President has not submitted to the C on g ress such a recommendation .PEAC E K EEP ING A S SESS M EN T SEC. 7051 . Section 4 04(b)( 2 )( B ) of the F oreign R elations A uthori z ation Act , Fiscal Y ears 1 9 94 and 1995 (22 U.S.C. 2 8 7e note) is amended by adding the follo w ing

‘(vi) For assessments made during calendar year 2010, 27.3 p ercent.’’. U NITE D NATI O NS H UMAN R IGHTS COUNCI L SEC. 7052. T he Secretary of State shall report to the Commit- tees on Appropriations not later than 30 days after the date of enactment of this Act, and every 180 days thereafter until Sep- tember 30, 2010, on the resolutions adopted in the United N ations H uman Rights Council. ATTENDANCE AT INTERNATIONAL CON F ERENCES SEC. 7053. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States G overnment who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations that such attendance is in the national interest: Provide d , That for purposes of this section the term ‘‘international conference’’ shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. RESTRICTIONS ON UNITED NATIONS DELEGATIONS SEC. 7054. None of the funds made available under title I ofthisActmaybeusedtopaye x penses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6 ( j )(1) of the E xport Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports international terrorism. PARKING FINES AND REAL PROPERT Y TA X ESO W ED B Y FOREIGN GO V ERNMENTS SEC. 7055. (a) Subject to subsection (c), of the funds appro- priated under titles III through V I by this Act that are made available for assistance for a foreign country, an amount e q ual to 110 percent of the total amount of the unpaid fully adjudicated par k ing fines and penalties and unpaid property taxes owed by the central government of such country shall be withheld from obligation for assistance for the central government of such country Certif i ca ti on.D efinition. R e p ort s . Reports. Dea dl ines.


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Page:United States Statutes at Large Volume 123.djvu/3399

 123STA T . 33 79PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 09 until t heS e cr et a r yof State s u bm its a certification to the C ommit - tees on Ap propriations statin g that such par k ing fines an d penalties and unpaid property ta x es are fully paid .( b )F unds w ithheld from obligation pursuant to subsection (a) may be made a v ailable for other programs or activities funded by this Act , after consultation with and sub j ect to the regular notification procedures of the Committees on Appropriations, pro- vided that no such funds shall be made available for assistance for the central government of a foreign country that has not paid the total amount of the fully adjudicated parking fines and penalties and unpaid property taxes owed by such country. (c) Subsection (a) shall not include amounts that have been withheld under any other provision of law. (d)( 1 ) T he Secretary of State may waive the re q uirements set forth in subsection (a) with respect to parking fines and penalties no sooner than 60 days from the date of enactment of this Act, or at any time with respect to a particular country, if the Secretary determines that it is in the national interests of the U nited States to do so. ( 2 ) The Secretary of State may waive the requirements set forth in subsection (a) with respect to the unpaid property taxes if the Secretary of State determines that it is in the national interests of the United States to do so. (e) N ot later than 6 months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New Y ork, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines and penalties and unpaid property taxes and interest owed by nations receiving foreign assistance under this Act. (f) I n this section (1) The term ‘ ‘fully adjudicated ’ ’ includes circumstances in which the person to whom the vehicle is registered — (A)(i) has not responded to the parking violation sum- mons or (ii) has not followed the appropriate adjudication proce- dure to challenge the summons; and ( B ) the period of time for payment of or challenge to the summons has lapsed. (2) The term ‘‘parking fines and penalties’’ means parking fines and penalties— (A) owed to— (i) the D istrict of Columbia; or (ii) New York, New York; and (B) incurred during the period April 1, 1 9 9 7, through September 3 0, 2009. (3) The term ‘‘unpaid property taxes’’ means the amount of unpaid taxes and interest determined to be owed by a foreign country on real property in the District of Columbia or New York, New York in a court order or judgment entered against such country by a court of the United States or any State or subdivision thereof. Timep e r i od.D e f i n i t ion s . De a d l ine. R eports. W ai v era u t h orit y . E ffe c tive date. Determinations.


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Page:United States Statutes at Large Volume 123.djvu/3400

 123STA T . 33 80PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9LANDMI N ES AND C L U S T E R MUNITI O NS S EC .7056 . (a)L ANDMINES. —Notwi t hs ta nd in g an y oth erp ro v i - sion o fl aw , de m ining e qu ipment availa b le to the U nited States A gen c y for I nternational D evelopment and the Department of State and used in support of the clearance of landmines and une x ploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, sub j ect to such terms and conditions as the P resident may prescribe. (b) C LUSTER M UNITIONS.—No military assistance shall be fur- nished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster muni- tions technology shall be sold or transferred, unless— ( 1 ) the submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments and ( 2 ) the agreement applicable to the assistance, transfer, or sale of such cluster munitions or cluster munitions tech- nology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are k nown to be present or in areas normally inhabited by civilians. P RO H I B ITION ON PUBLICIT Y OR PROPA G ANDA SEC. 7057. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes within the United States not authori z ed before the date of the enactment of this Act by the Congress
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d ,T hat not to exceed $ 25,000 may be made available to carry out the provisions of section 3 16 of Public Law 9 6 – 533. LIMITATION ON RESIDENCE E X PENSES SEC. 705 8 . O f the funds appropriated or made available pursu- ant to title II of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for Inter- national Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars. UNITED STATES AGENCY F OR INTERNATIONAL DE V ELOPMENT MANAGEMENT ( INCLUDING TRANSFER OF FUNDS ) SEC. 7059. (a) AUTHORITY.—Up to $93,000,000 of the funds made available in title III of this Act to carry out the provisions ofpartIofthe F oreign Assistance Act of 1961, including funds appropriated under the heading ‘ ‘Assistance for E urope, Eurasia and Central Asia ’ ’, may be used by the United States Agency for International Development (USAID) to hire and employ individ- uals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309 of the Foreign Service Act of 1980. (b) R ESTRICTIONS.— 2 2 USC3948note.


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Page:United States Statutes at Large Volume 123.djvu/3401

 123STA T . 33 8 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(1)Thenumb e rofi n d i v idu als hired in an y fis c al year p ursuan t to the authority contained in subsection (a) may not e x ceed 1 75. ( 2 ) The authority to hire individuals contained in subsection (a) shall expire on S eptember 30, 2011. (c) CONDIT ION S . — The authority of subsection (a) may only be used to the extent that an e q uivalent number of positions that are filled by personal services contractors or other non - direct hire employees of U S AID , w ho are compensated with funds appropriated to carry out part I of the F orei g n Assistance Act of 1 96 1, including funds appropriated under the heading ‘ ‘Assistance for E urope, Eur- asia and Central Asia ’ ’, are eliminated. (d) PR IORIT Y S EC TORS.—In exercising the authority of this sec- tion, primary emphasis shall be placed on enabling USAID to meet personnel positions in technical s k ill areas currently encumbered by contractor or other non-direct hire personnel. (e) CONS UL T A TIONS.—The USAID Administrator shall consult with the Committees on Appropriations on a quarterly basis con- cerning the implementation of this section. (f) PRO G RA M ACCOUNT C H ARGED.—The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual’s respon- sibilities primarily relate
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d, That funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading ‘‘ O per- ating Expenses’’. (g) FOREIGN SER V ICE L IMITED E X TENSIONS.—Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 19 8 0, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. (h) J UNIOR O F FICER PLACEMENT AUTHORITY.—Of the funds made available in subsection (a), USAID may use, in addition to funds otherwise available for such purposes, up to $ 15,000,000 to fund overseas support costs of members of the Foreign Service with a Foreign Service rank of four or below: Provided , That such authority is only used to reduce USAID’s reliance on overseas personal services contractors or other non-direct hire employees compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’. (i) DISASTER SURGE CA P ACITY.—Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters. ( j ) TECHNICAL ADVISORS.—Up to $13,500,000 of the funds made available by this Act in title III for assistance under the heading ‘‘ G lobal H ealth and Child Survival’’, may be used to reimburse United States Government agencies, agencies of State governments, institutions of higher learning, and private and voluntary organi z a- tions for the full cost of individuals (including for the personal Expirat i ond at e.


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Page:United States Statutes at Large Volume 123.djvu/3402

 123STA T . 33 8 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9servic es of s u c h i nd ividu al s ) de t ailed or assi g ned to, or contracted by , as the case m ay be, USAID for the p urpose of carrying out activities under that heading
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d, T hat up to $3 , 50 0,000 of the funds made available by this Act for assistance under the heading ‘ ‘Development Assistance ’ ’ may be used to reimburse such agencies, institutions, and organi z ations for such costs of such individuals carrying out other development assistance activities .(k ) PERSONAL SER VIC ES C ON T RACTORS. —F unds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 6 6 7 of the Foreign Assistance Act of 1 9 61, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by USAID to employ up to 40 personal services contractors in the United States, not w ithstanding any other provi - sion of law, for the purpose of providing direct, interim support fornewore x panded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided fu r th er, That not more than 15 of such contractors shall be for activities related to USAID’s Afghanistan program: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Develop- ment and Assistance Act of 1954, may be made available only for personal services contractors assigned to the O ffice of Food for Peace. (l) H IRIN G A U T H ORIT Y .— N otwithstanding section 307 of the Foreign Service Act of 19 8 0, the USAID Administrator may hire up to 30 individuals under the Development L eadership Initiative: Provided, That the authority contained in this subsection shall expire on September 30, 2 011. (m) R ECRUIT M ENT STRATEGY.—Funds made available under the heading ‘‘Operating E xpenses’’ in title II of this Act may be made available to implement the strategy described in section 7059(1) of Public Law 111 – 8, sub j ect to the regular notification procedures of the Committees on Appropriations. (n) LOCALLY EM P LOYE D STA F F.—Of the funds appropriated under title II of this Act, up to $1,000,000, in addition to funds otherwise made available for such purposes, may be made available for special compensation for overseas, locally employed staff. (o) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Pursu- ant to the authority of section 309 of the Foreign Service Act of 1980, and notwithstanding the limitation set forth in section 305 of the Foreign Service Act of 1980, as amended, USAID may appoint into the Senior Foreign Service and employ up to 10 individ- uals to be assigned to or support programs in Ira q , Afghanistan, or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign oper- ations, and related programs. GLO B AL HEALTH ACTIVITIES SEC. 7060. Funds appropriated by titles III and I V of this Act that are made available for bilateral assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV / AIDS may be made available notwithstanding any other provision of law except for the provisions under the heading ‘‘ G lobal Health and Child Survival’’ and the United States Leadership Against HIV/A I DS.Notif i ca tio n . Exp i r ation d at e . A s si g n m ent.


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Page:United States Statutes at Large Volume 123.djvu/3403

 123STA T . 33 8 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9HIV/A I DS,Tuberc u losi s, andM alaria Ac t o f20 0 3(1 1 7 Stat . 711 22 U .S. C . 7 6 01etse q . ) ,asa m ended
 * Provide

d,T h at of the funds a p propriated under title III of this Act, not less than $ 6 48 ,4 5 7,000 should be made a v ailable for famil y plannin g /reproductive health, including in areas w here population growth threatens biodiversity or endangered species. DEV E LOPM E NTGRA NT S PROGRAM SE C . 7061. O f the funds appropriated in title III of this Act, not less than $40,000,000 shall be made available for the Develop - ment G rants P rogram established pursuant to section 674 of the Department of State, F oreign Operations, and R elated Programs Appropriations Act, 2008 (division J of Public L aw 110 – 161), to support grants of not more than $2,000,000 to small nongovern- mental organi z ations: Provided, That funds made available under this section are in addition to other funds available for such pur- poses including funds designated by this Act by section 7065. W OMEN I N DEVELOPMENT SEC. 7062. (a) Programs funded under title III of this Act shall include, where appropriate, gender considerations in the plan- ning, assessment, implementation, monitoring and evaluation of such programs. (b) Funds made available under title III of this Act shall be made available to support programs to enhance economic opportuni- ties for poor women in developing countries, including increasing the number and capacity of women-owned enterprises, improving property rights for women, increasing access to financial services, and improving women ’ s ability to participate in the global economy. (c) Funds made available under title III of this Act for food security and agricultural development shall ta k e into consideration the unique needs of women, and technical assistance for women farmers should be a priority. GENDER- B ASED VIOLENCE SEC. 7063. (a) Funds appropriated under the headings ‘ ‘Develop- ment Assistance’’, ‘‘ E conomic Support Fund’’, and ‘‘International N arcotics Control and Law Enforcement’’ in this Act shall be made available for programs to address se x ual and gender-based violence. (b) Programs and activities funded under titles III and IV of this Act that provide training for foreign police, j udicial, and military officials shall address, where appropriate, gender-based violence. ED U CATION SEC. 7064. (a) B ASIC EDUCATION. — (1) Of the funds appropriated by title III of this Act, not less than $ 9 25,000,000 should be made available for assistance for basic education, of which not less than $365,000,000 shall be made available under the heading ‘‘Development Assistance’’. (2) There shall continue to be a Coordinator of United States Government Actions to Provide Basic Education Assist- ance in developing countries as established in section 664 of division J of Public Law 110–161. Conti n ua tion .2 2 US C2 651 a not e .