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 123STA T . 332 5PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9shal ls ubmit t o th eC ommittees o nAp p r opriations a report c on - tainin g a d escription o f such v iolation and the corrective action ta k enb y the Agency
 * Provide

d fu r th er ,T hatina w arding grants for natural family planning under section 104 of the F oreign Assist- ance Act of 1 96 1 no applicant shall be discriminated against because of such applicant ’ s religious or conscientious commitment to offer only natural family planning and, additionally, all such applicants shall comply with the re q uirements of the previous proviso: Pro - vided further, That for purposes of this or any other Act authori z ing or appropriating funds for the D epartment of S tate, foreign oper- ations, and related programs, the term ‘ ‘motivate’’, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options: Provided further, That to the ma x imum extent practicable, taking into consideration cost, timely avail- ability, and best health practices, funds appropriated in this Act or prior appropriations Acts that are made available for condom procurement should be made available for the procurement of condoms manufactured in the U nited States: Provided further, That information provided about the use of condoms as part of pro j ects or activities that are funded from amounts appropriated by this Act shall be medically accurate and shall include the public health benefits and failure rates of such use .I n addition, for necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the prevention, treatment, and control of, and research on, H I V/ AIDS, $5, 3 59,000,000, to remain available until expended, and which shall be apportioned directly to the Department of State: Provided, That of the funds appropriated under this paragraph, not less than $ 7 50,000,000 shall be made available, notwithstanding any other provision of law, except for the United States L eadership Against HIV/AIDS, Tuber- culosis and M alaria Act of 2 003 (P ublic Law 10 8– 25 ) , as amended, for a United States contribution to the G lobal Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2010 may be made available to USAID for technical assistance related to the activities of the Global Fund: Provided further, That of the funds appropriated under this paragraph, up to $14,000,000 may be made available, in addition to amounts otherwise available for such purposes, for administrative expenses of the O ffice of the United States Global AIDS Coordinator. DEV E LOPM E NTAS S I STAN C E For necessary expenses to carry out the provisions of sections 103, 105, 106, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $2,520,000,000, to remain available until September 30, 2011: Provided, That of the funds appropriated by this Act, not less than $265,000,000 shall be made available for microenterprise and microfinance develop- ment programs for the poor, especially women: Provided further, That of the funds appropriated under this heading, not less than $23,500,000 shall be made available for the American Schools and Hospitals Abroad program: Provided further , That of the funds Cond o ms.Gra n t s. N on - d i s c rimination. Com pl ianc e .


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 123STA T . 332 6PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9ap p ro pr i a tedun der t h i s headin g,$10 ,000,000 sha l l b e m ade a v ail - able f or c ooperative development programs w ithin the O ffice of P rivate and V oluntar yC ooperation, U nited S tates A gency for I nter- national D evelopment ( USAID ):Provide d fu r th er, T hat of the funds appropriated by this Act, not less than $ 3 1 5 ,000,000 shall be made available for water and sanitation supply pro j ects pursuant to the Senator Paul Simon W ater for the Poor Act of 2 005 (Public L aw 10 9– 121): Provided further, That the relevant bureaus and offices of USAID that support cross-cutting development programs shall coordinate such programs on a regular basis: Provided further, That of the funds appropriated by title III of this Act, not less than $1,1 6 9, 8 33,000 should be made available for food security and agricultural development programs, which may be made avail- able notwithstanding any other provision of law to address critical food shortages, of which $31,500,000 shall be made available for Collaborative R esearch Support Programs: Provided further, That prior to the obligation of funds pursuant to the previous proviso and after consultation with other relevant F ederal departments and agencies, the Committees on Appropriations, and relevant non- governmental organi z ations, the USAID Administrator shall submit to the Committees on Appropriations a strategy for achieving food security and agricultural development program goals: Provided fur - ther, That of the funds appropriated under this heading for food security and agricultural development programs, $10,000,000 shall be made available for a United States contribution to the endow- ment of the G lobal Crop Diversity Trust pursuant to section 3202 of Public Law 110–2 4 6: Provided further, That of the funds appro- priated under this heading, not less than $20,000,000 shall be made available for programs to improve women ’ s leadership capacity in recipient countries .INTER N A TI O NA LD I S ASTER ASSISTAN C E For necessary e x penses to carry out the provisions of section 491 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $845,000,000, to remain available until expended. TRANSITION INITIATI V ES For necessary expenses for international disaster rehabilitation and reconstruction assistance pursuant to section 491 of the Foreign Assistance Act of 1961, $55,000,000, to remain available until expended, to support transition to democracy and to long-term development of countries in crisis: Provided , That such support may include assistance to develop, strengthen, or preserve demo- cratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the United States Agency for International Development shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further, That if the Secretary of State determines that it is impor- tant to the national interests of the United States to provide transi- tion assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Det e rmina ti o n .R e p ort s . Dea dl ine. S trate gy .

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 123STA T . 332 7PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9Provide d fu r th er ,Thatfundsm ad e a v a il a b le p u r suant t o the pre - vious proviso shall be made available sub j e c t to prior consultation w ith the C ommittees on A ppropriations .COMPLEX C RIS ES FUNDF or necessar y e x penses to carry out the provisions of the For- ei g n Assistance Act of 196 1 to enable the Administrator of the U nited S tates Agency for I nternational D evelopment ( USAID ), in consultation with the Secretary of State, to support programs and activities to prevent or respond to emerging or unforeseen complex crises overseas, $50 ,000,000, to remain available until expended Provided, That funds appropriated under this heading may be made available on such terms and conditions as the USAID Administrator may determine, in consultation with the Committees on Appropria- tions, for the purposes of preventing or responding to such crises, except that no funds shall be made available to respond to natural disasters: Provided further, That funds appropriated under this heading shall be made available notwithstanding section 10 of P ublic L aw 91 – 6 72 and section 15 of the State Department B asic Authorities Act of 1956: Provided further, That the USAID Adminis- trator may furnish assistance under this heading notwithstanding any other provision of law, except sections 7007, 700 8, and 7018 of this Act and section 620 J of the Foreign Assistance Act of 1961: Provided further, That funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations, except that such notifications shall be transmitted at least 5 days in advance of the obligation of funds: Provided further, That the re q uirements of the previous proviso may be waived if failure to do so would pose a substantial ris k to human health or welfare: Provided further, That in case of any such waiver, notification to the Committees on Appropria- tions shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the context of the circumstances necessitating such waiver: Provided further, That any such notifica- tion provided pursuant to such waiver shall contain an explanation of the emergency circumstances. DE V ELOPMEN T CREDIT A UT H ORIT Y( INCLUDIN G TRANSFER OF FUNDS ) For the cost of direct loans and loan guarantees provided by the United States Agency for International Development, as author- i z ed by sections 256 and 635 of the Foreign Assistance Act of 1961, up to $25,000,000 may be derived by transfer from funds appropriated by this Act to carry out part I of such Act and under the heading ‘ ‘Assistance for E urope, Eurasia and Central Asia ’ ’: Provided, That funds provided under this paragraph and funds provided as a gift pursuant to section 635(d) of the Foreign Assist- ance Act of 1961 shall be made available only for micro and small enterprise programs, urban programs, and other programs which further the purposes of part I of such Act: Provided further, That such costs, including the cost of modifying such direct and guaran- teed loans, shall be as defined in section 502 of the Congressional Budget Act of 197 4, as amended: Provided further, That funds made available by this paragraph may be used for the cost of Notif i ca tio n. Notification. De a dl ine. W ai v e r a u t h orit y . Notification. Deadline.


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 123STA T . 332 8PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9modify i nga ny such gua r an te ed l oans under this A ct or p rior Acts , and funds used for such costs shall b e sub j ect to the regular notifica - tion procedures of the C ommittees on Appropriations
 * Provide

d fu r th er, T hat the pro v isions of section 107 A ( d ) (relating to general provisions applicable to the D evelopment Credit Authority) of the F oreign Assistance Act of 1 96 1, as contained in section 3 06 of H.R. 1 48 6 as reported by the House Committee on I nternational Relations on M ay 9, 1997, shall be applicable to direct loans and loan guarantees provided under this heading: Provided further, That these funds are available to subsidi z e total loan principal, any portion of w hich is to be guaranteed, of up to $ 700,000,000. In addition, for administrative e x penses to carry out credit programs administered by the U nited S tates Agency for Inter- national Development, $8,600,000, which may be transferred to, and merged with, funds made available under the heading ‘ ‘ O per- ating E xpenses ’ ’ in title II of this Act: Provided , That funds made available under this heading shall remain available until September 30, 2 012. ECON O MI C SUP PO RTF UN D( INC L UDIN G TR A NSFER OF FUNDS ) For necessary expenses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961, $6,337,000,000, to remain available until September 30, 2011: Provided, That of the funds appropriated under this heading, $2 5 0,000,000 shall be available only for assistance for Egypt, which sum shall be provided on a grant basis, and of which sum cash transfer assistance shall be provided with the understanding that Egypt will underta k e significant economic and democratic reforms which are additional to those which were undertaken in previous fiscal years: Provided further, That of the funds appropriated under this heading for assistance for Egypt, not less than $25,000,000 shall be made available for democracy, human rights and governance programs, and not less than $35,000,000 shall be made available for education programs, of which not less than $10,000,000 is for scholarships for Egyptian students with high financial need: Provided further, That $11,000,000 of the funds appropriated under this heading should be made available for assistance for Cyprus to be used only for scholarships, administrative support of the scholarship program, bicommunal projects, and measures aimed at reunification of the island and designed to reduce tensions and promote peace and cooperation between the two communities on Cyprus: Provided further, That $12,000,000 of the funds made available for assistance for L ebanon under this heading shall be made available for edu- cational scholarships for students in Lebanon with high financial need: Provided further, That of the funds appropriated under this heading, not less than $363,000,000 shall be made available only for assistance for J ordan: Provided further, That of the funds appro- priated under this heading not more than $400,400,000 may be made available for assistance for the W est B ank and G aza, of which not to exceed $2,000,000 may be used for administrative expenses of the United States Agency for International Development (USAID), in addition to funds otherwise available for such purposes: Provided further, That not more than $150,000,000 of the funds provided for the West Bank and Gaza shall be for cash transfer Ap p licab ili ty.Lo a ns.


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 123STA T . 332 9PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 as s i s t a nce:Provide d fu r th er ,Th at fu n d sa p p ro priated under this headin g that are m ade a v ai l a b le for assistance for infrastructure pro j ects in P a k istan shall be implemented in a manner consistent w ith section 507(6) of the Trade A ct of 19 7 4 (19 U.S . C . 2 467(6)): Provided further , That of the funds appropriated under this heading for assistance for Afghanistan and Pakistan, assistance ma y be provided notwithstanding any provision of law that restricts assist - ance to foreign countries for cross border stabili z ation and develop- ment programs between Afghanistan and Pakistan or between either country and the Central Asian republics: Provided further, That funds appropriated by this Act for assistance for Afghanistan and Pakistan may be made available for government-to-government assistance only if the Secretary of State certifies to the Committees on Appropriations that the G overnment of the United States and the government of the recipient country have agreed, in writing, to clear and achievable goals and objectives for the use of such funds, and have established mechanisms within each implementing agency to ensure that such funds are used for the purposes for which they were intended: Provided further, That any such cash transfer assistance shall be subject to prior consultation with the Committees on Appropriations: Provided further, That the Secretary of State should suspend any such cash transfer assistance to an implementing agency if the Secretary has credible evidence of misuse of such funds by any such agency: Provided further, That any decision to significantly modify the scope, objectives or implementation mechanisms of United States assistance programs in Afghanistan or Pakistan shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, e x cept that the prior consultation re q uirement may be waived if it is determined that failure to do so would pose a substantial risk to human health or welfare: Provided fur - ther, That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as practicable, but in no event later than 3 days after taking the action to which such consultation requirement was applicable: Provided further, That of the funds made available under this heading for assistance for Pakistan, $ 2,000,000 shall be transferred to, and merged with, funds available under the heading ‘ ‘Administration of F oreign Affairs, O ffice of I nspector General ’ ’ for oversight of programs in Pakistan: Provided further, That of the funds appropriated under this heading, $209,790,000 shall be apportioned directly to USAI D for alternative development / institution building programs in Colombia: Provided further, That of the funds appropriated under this heading that are available for assistance for Colombia, not less than $ 8 ,000,000 shall be transferred to, and merged with, funds appropriated under the heading ‘‘ M igration and R efugee Assistance’’ and shall be made available only for assistance to nongovernmental and international organizations that provide assistance to Colombian refugees in neighboring countries. DEMOCRA C YFUN D For necessary expenses to carry out the provisions of the For- eign Assistance Act of 1961 for the promotion of democracy globally, $120,000,000, to remain available until September 30, 2011, of which $70,000,000 shall be made available for the H uman Rights and Democracy Fund of the B ureau of Democracy, Human Rights Notif i ca tio n.De a dl ine. Notification. W ai v e r a u t h orit y . A f g hani s tan. P a k istan. C ertification. Pakistan.


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 123STA T . 333 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9andL a bor,Dep ar tm ent o fS tate, and $50 ,000,000 sh a l l be made a v a i lable for the O ffi c e of Democrac y and G overnance of the Bu reau for Democracy, C onflict, and H umanitarian A ssistance, U nited States A g ency for I nternational Development .INTER N A TI O NA LFU N D FOR IRELAND F or necessary e x penses to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 196 1, $1 7 ,000,000, w hich shall be available for the United States contribution to the International Fund for Ireland and shall be made available in accordance with the provisions of the Anglo - Irish Agreement Sup- port Act of 19 8 6 (P ublic Law 99 – 415 ):Provide d, T hat such amount shall be expended at the minimum rate necessary to ma k e timely payment for pro j ects and activities: Provided fu r th er, That funds made available under this heading shall remain available until September 3 0, 2 011. A S SISTAN C E FOR EURO P E, EURASIA AND CENTRAL ASIA For necessary expenses to carry out the provisions of the For- eign Assistance Act of 1961, the F RE EDO M Support Act, and the Support for East European Democracy (SEED) Act of 1989, $741,632,000, to remain available until September 30, 2011, which shall be available, notwithstanding any other provision of law, for assistance and for related programs for countries identified in section 3 of the FREEDOM Support Act and section 3(c) of the SEED Act: Provided, That funds appropriated under this heading shall be considered to be economic assistance under the Foreign Assistance Act of 1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance: Provided further, That notwithstanding any provision of this or any other Act, funds appropriated in prior years under the headings ‘ ‘Independent States of the Former Soviet Union ’ ’ and similar headings and ‘‘Assistance for Eastern Europe and the Baltic States’’ and similar headings, and currencies gen- erated by or converted from such funds, shall be available for use in any country for which funds are made available under this heading without regard to the geographic limitations of the heading under which such funds were originally appropriated: Pro - vided further, That funds made available for the Southern Caucasus region may be used for confidence-building measures and other activities in furtherance of the peaceful resolution of conflicts, including in N agorno- K arabakh: Provided further, That of the funds appropriated under this heading that are available for assistance for the Kyrgy z Republic, up to $11,500,000 shall be made available for the J oint Development Fund. DEPART M ENT OF STATE MI G RATION AND REFUGEE ASSISTANCE For necessary expenses, not otherwise provided for, to enable the Secretary of State to provide, as authorized by law, a contribu- tion to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organiza- tion for Migration and the United Nations High Commissioner for Refugees, and other activities to meet refugee and migration


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 123STA T . 3331 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9ne e ds; s al a ri esande xp enses of personnel and dependen t sasa u t h or - i z ed by the F orei g n S er v i c e A ct of 1980 w ances as authorized by sections 5 9 2 1 through 5925 of title 5 ,U nited States C ode; purchase and hire of passenger m otor vehicles; and services as authorized by section 3 109 of title 5, United States Code, $ 1, 6 85,000,000, to remain available until expended, of which $25,000,000 shall be made available for refugees resettling in I srael, and not less than $35,000,000 shall be made available to respond to small-scale emergency humanitarian re q uirements of inter- national and nongovernmental partners .UNITEDS T A TES E M E RG EN CY RE F UGEE AND MIGRATI O N ASSISTANCE FUND For necessary expenses to carry out the provisions of section 2 ( c ) of the M igration and R efugee Assistance Act of 1962, as amended (22 U.S.C. 2601(c)), $ 4 5,000,000, to remain available until expended. INDE P ENDENT AGENCIES PEACE CORPS ( INC L UDING TRANSFER OF FUNDS ) For necessary expenses to carry out the provisions of the P eace Corps Act (22 U.S.C. 2501 – 2523), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $400,000,000, to remain avail- able until September 30, 2011
 * allo
 * Provide

d, T hat none of the funds appropriated under this heading shall be used to pay for abortions: Provided fu r th er, That the D irector of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, an amount not to exceed $5,000,000: Provided further, That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations: Provided further, That of the funds appro- priated under this heading, not to exceed $4,000 may be made available for entertainment expenses: Provided further, That any decision to open, close, significantly reduce, or suspend a domestic or overseas office or country program shall be sub j ect to prior consultation with, and the regular notification procedures of, the Committees on Appropriations, except that prior consultation and regular notification procedures may be waived when there is a substantial security ris k to volunteers or other Peace Corps per- sonnel, pursuant to section 7 015(e) of this Act: Provided further, That not later than 45 days after enactment of this Act, the Director shall submit a spending plan to the Committees on Appropriations on the proposed uses of funds under this heading: Provided further, That not later than 180 days after enactment of this Act, the Director shall, after consultation with the Committees on Appropria- tions, submit a report to the Committees that includes the findings of a comprehensive assessment of the current program model of the Peace Corps and a strategy for reforming and improving oper- ations. Deadlin e .R e ports . Deadline. S pendin g plan. N oti f i c ation. W ai v era u t h orit y . Ab ortion.


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 123STA T . 3332 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9MIL L EN NI U M CHA LLEN G EC ORP ORA T ION ( INCLU D ING TRAN SF ER OF FUNDS )Fornec e s s a r y e xp enses t o carry o u tt h e pro vi sions o f the M i l len - niu mC hallen g e A ct of 20 0 3,$1 ,10 5 ,000,000 to remain availa b le until expen d ed
 * Provide

d, T hat of the funds appropriated under this heading, up to $ 9 5,000,000 may be available for administrative expenses of the Millennium Challenge Corporation ( the Corpora- tion )
 * Provided

fu r th er, That up to 10 percent of the funds appro- priated under this heading may be made available to carry out the purposes of section 6 16 of the Millennium Challenge Act of 2003 for fiscal year 2010: Provided further, That section 605(e)( 4 ) of the Millennium Challenge Act of 2003 shall apply to funds appropriated under this heading: Provided further, That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such Compact obligates, or contains a commitment to obligate sub j ect to the avail- ability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the U nited S tates G overn- ment funding anticipated for the duration of the Compact: Provided further, That the Corporation should reimburse the United States Agency for I nternational D evelopment (USAID) for all expenses incurred by USAID w ith funds appropriated under this heading in assisting the Corporation in carrying out such Act, including administrative costs for compact development, negotiation, and implementation: Provided further, That the Chief E xecutive O fficer of the Millennium Challenge Corporation shall notify the Commit- tees on Appropriations not later than 15 days prior to signing any new country compact or new threshold country program termi- nating or suspending any country compact or threshold country program; or commencing negotiations for any new compact or threshold country program: Provided further, That funds appro- priated by this Act or any prior Act appropriating funds for the Department of State, foreign operations, and related programs that are made available for a Millennium Challenge Compact and that are suspended or terminated by the Chief Executive Officer of the Corporation shall be subject to the regular notification proce- dures of the Committees on Appropriations prior to re-obligation: Provided further, That none of the funds appropriated by this Act and prior Acts ma k ing appropriations for the Department of State, foreign operations, and related programs under this heading may be used for military assistance or military training, including for assistance for military or paramilitary purposes and for assist- ance to military forces: Provided further, That the terms and condi- tions of section 1105(c) of P ublic L aw 111 – 32 shall apply to funds appropriated under this heading: Provided further, That a Millen- nium Challenge Corporation candidate country selected as an eligible country in fiscal year 2009 in accordance with section 60 7 (c) of the Millennium Challenge Act of 2003 that is transitioning out of one of the income categories identified in subsections 606(a) and (b) shall retain its candidacy status at the lower income cat- egory for purposes of setting compact funding levels for the fiscal year of its transition and the two subse q uent fiscal years: Provided further, That of the funds appropriated under this heading, not Candi da cyst at u s .Ap p l ica b ility. No ti f ication. Notification. De adline. Applicability.


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 123STA T . 3333 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9toexc ee d$10 0, 000 mayb ea v a il able f o r re p re s e n tation and enter - tainment allo w ances, of w h ich not to exceed $ 5 ,000 may be available for entertainment allowances .INTER - AM ERI C AN FOU N D ATION F or necessary expenses to carry o u t the functions of the I nter- A merican Foundation in accordance with the provisions of section 4 01 of the Forei g n Assistance Act of 1 96 9,$ 23 ,000,000, to remain available until S eptember 30, 2011
 * Provide

d, T hat of the funds appropriated under this heading, not to exceed $2,000 may be available for entertainment and representation allowances. AFRICAN DE V E L O P MENT FOUNDATION For necessary expenses to carry out title V of the International Security and D evelopment C ooperation Act of 19 8 0 (P ublic L aw 96 – 533 ) , $30,000,000, to remain available until September 30, 2011: Provided , That funds made available to grantees may be invested pending expenditure for pro j ect purposes when authori z ed by the B oard of Directors of the Foundation: Provided fu r th er, That interest earned shall be used only for the purposes for which the grant was made: Provided further, That notwithstanding section 505(a)(2) of the African Development Foundation Act, in exceptional cir- cumstances the Board of Directors of the Foundation may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to $10,000 if the increase is due solely to foreign currency fluctuation: Provided further, That the Foundation shall provide a report to the Commit- tees on Appropriations after each time such waiver authority is exercised. DEPARTMENT OF T H E TREA S UR Y INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $25,000,000, to remain available until September 30, 2012, which shall be available not- withstanding any other provision of law. DE B T RESTRUCTURIN G For the cost, as defined in section 502 of the Congressional Budget Act of 19 7 4, of modifying loans and loan guarantees, as the President may determine, for which funds have been appro- priated or otherwise made available for programs within the Inter- national Affairs Budget Function 150, including the cost of selling, reducing, or canceling amounts owed to the U nited States as a result of concessional loans made to eligible countries, pursuant to parts IV and V of the Foreign Assistance Act of 1961, of modifying concessional credit agreements with least developed countries, as authorized under section 411 of the Agricultural Trade Development and Assistance Act of 1954, as amended, of concessional loans, guarantees and credit agreements, as authorized under section 572 of the Foreign O perations, E xport Financing, and R elated Pro- grams Appropriations Act, 1989 (Public Law 100–461), and of can- celing amounts owed, as a result of loans or guarantees made Reports.Waiv era u t h orit y .


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 123STA T . 333 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9purs u ant t o t heEx port -Im port B an kAc to f1945,by countr i es that are e l i g ible for d ebt reduction pursuant to title V of H.R. 3 4 2 5 as enacted into la w by section 1 0 00 ( a ) (5) of P ublic L aw 10 6– 113, $ 60,000,000, to remain a v ailable until S eptember 30, 2012
 * Provide

d ,T hat not less than $20,000,000 of the funds appropriated under this heading shall be made available to carry out the provi- sions of part V of the F oreign Assistance Act of 1961: Provided fu r th er, That amounts paid to the Heavily Indebted Poor C ountries (HIPC) Trust Fund may be used only to fund debt reduction under the enhanced HIPC initiative by — (1) the Inter-American D evelopment Bank (2) the African Development Fund; (3) the African Development Bank; and (4) the Central American Bank for Economic Integration: Provided further, That funds may not be paid to the HIPC Trust Fund for the benefit of any country if the Secretary of State has credible evidence that the central government of such country is engaged in a consistent pattern of gross violations of internationally recogni z ed human rights or in military or civil conflict that under- mines its ability to develop and implement measures to alleviate poverty and to devote ade q uate human and financial resources to that end: Provided further, That on the basis of final appropria- tions, the Secretary of the Treasury shall consult with the Commit- tees on Appropriations concerning which countries and international financial institutions are expected to benefit from a U nited States contribution to the HIPC Trust Fund during the fiscal year: Pro - vided further, That the Secretary of the Treasury shall notify the Committees on Appropriations not less than 15 days in advance of the signature of an agreement by the United States to make payments to the HIPC Trust Fund of amounts for such countries and institutions: Provided further, That the Secretary of the Treasury may disburse funds designated for debt reduction through the HIPC Trust Fund only for the benefit of countries that— (1) have committed, for a period of 24 months, not to accept new market-rate loans from the international financial institution receiving debt repayment as a result of such disbursement, other than loans made by such institutions to export-oriented commercial pro j ects that generate foreign exchange which are generally referred to as ‘ ‘enclave ’ ’ loans; and (2) have documented and demonstrated their commitment to redirect their budgetary resources from international debt repayments to programs to alleviate poverty and promote eco- nomic growth that are additional to or expand upon those previously available for such purposes: Provided further, That any limitation of subsection (e) of section 411 of the Agricultural Trade Development and Assistance Act of 1954 shall not apply to funds appropriated under this heading: Provided further, That none of the funds made available under this heading in this or any other appropriations Act shall be made available for Sudan or Burma unless the Secretary of the Treasury determines and notifies the Committees on Appropriations that a democratically elected government has taken office. Sudan.B u rm a. Det erm i nati o n. N oti f i c ation. Notification. Dead l ine. C on s ultation. H uman ri gh ts.


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 123STA T . 333 5PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9TI T LE I V I N TE R N A TI O NAL S E CU RIT Y ASSISTANCE DEPARTM E N T OF STATE I NTERNATIONA L NAR C OTIC S CONTROL AN D LA W ENFORCEMENT Fornec e s s a r y e xp enses t o carry o u t sect i on 481 o f t h e Forei g n Assistance Act of 1 96 1 ,$ 1, 5 9 7, 0 00,000, to re m ain a v ai l a b le until September 3 0, 2 011
 * Provide

d, That d uring fiscal year 2010, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, w ithout regard to its restric - tions, to receive excess property from an agency of the United States G overnment for the purpose of providing it to a foreign country or international organi z ation under chapter 8 of part I of that Act sub j ect to the regular notification procedures of the Committees on Appropriations: Provided fu r th er, That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed pro- gram, project, or activity: Provided further, That section 482 ( b ) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notifica- tion procedures of the Committees on Appropriations: Provided further , That of the funds appropriated under this heading, $5,000,000 should be made available to combat piracy of United States copyrighted materials, consistent with the re q uirements of section 688(a) and (b) of the Department of State, Foreign Oper- ations, and Related P rograms Appropriations Act, 2008 (division J of Public Law 110 – 161): Provided further, That none of the funds appropriated under this heading for assistance for Afghani- stan may be made available for eradication programs through the aerial spraying of herbicides unless the Secretary of State deter- mines and reports to the Committees on Appropriations that the President of Afghanistan has requested assistance for such aerial spraying programs for counternarcotics purposes: Provided further, That in the event the Secretary of State ma k es a determination pursuant to the previous proviso, the Secretary shall consult with the Committees on Appropriations prior to the obligation of funds for such eradication programs: Provided further, That none of the funds appropriated under this heading for assistance for Colombia shall be made available for budget support or as cash payments: Provided further, That none of the funds appropriated under this heading shall be made available for assistance for the B olivian military and police unless the Secretary of State determines and reports to the Committees on Appropriations that the Government of Bolivia is investigating, prosecuting, and punishing military and police personnel who have been credibly alleged to have violated internationally recognized human rights .Boliv i a.Det e rm i n ation. R e p ort s . Hu man ri gh ts. C olom b ia. Consultation. Af ghanistan. Determination. Reports. N otifi c ation. Dea d line. Reports. Notification.


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Page:United States Statutes at Large Volume 123.djvu/3356

 123STA T . 333 6PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9NO N PR O LIFE R AT ION , ANTI - TERRORI SM , D EMININ G AND RELATED PROGRAMS Fornec e s s a r y e xp enses f or nonpro li fera t ion, anti-terroris m , d eminin g and related programs and acti v ities, $754, 0 00,000, to carry o u tt h e provisions of chapter 8 of part I I of the Foreign A ssistance Act of 196 1 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the F RE E DOMS upport Act, section 23 of the Arms Export C ontrol Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, not w ithstanding any other provision of law, including activities implemented through nongovernmental and international organi z ations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contri b ution to the Inter- national Atomic Energy Agency ( IAEA ) , andfora U nited States contribution to the Comprehensive N uclear T est B an Treaty P re- paratory Commission
 * Provide

d, That of this amount not to exceed $75,000,000, to remain available until expended, may be made available for the Nonproliferation and Disarmament Fund, notwith- standing any other provision of law, to promote bilateral and multi- lateral activities relating to nonproliferation, disarmament and weapons destruction: Provided fu r th er, That such funds may also be used for such countries other than the Independent States of the former Soviet Union and international organizations when it is in the national security interest of the United States to do so: Provided further, That funds made available for the Non- proliferation and Disarmament Fund shall be sub j ect to prior con- sultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further , That funds appro- priated under this heading may be made available for the IAEA unless the Secretary of State determines that Israel is being denied its right to participate in the activities of that Agency: Provided further, That of the funds appropriated under this heading, not more than $500,000 may be made available for public-private part- nerships for conventional weapons and mine action by grant, cooperative agreement or contract: Provided further, That of the funds made available for demining and related activities, not to exceed $700,000, in addition to funds otherwise available for such purposes, may be used for administrative expenses related to the operation and management of the demining program: Provided further, That funds appropriated under this heading that are avail- able for ‘ ‘Anti-terrorism Assistance ’ ’ and ‘‘Export Control and Border Security’’ shall remain available until September 30, 2011 . PEA C E K EEPING OPERATIONS For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $331,500,000: Provided, That funds appropriated under this heading may be used, notwith- standing section 660 of such Act, to provide assistance to enhance the capacity of foreign civilian security forces, including gendarmes, to participate in peace k eeping operations: Provided further, That of the funds appropriated under this heading, up to $102,000,000 may be made available for assistance for Somalia, of which up to $55,000,000 may be used to pay assessed expenses of inter- national peacekeeping activities in Somalia: Provided further, That of the funds appropriated under this heading, not less than Det e rmina ti o n .Is rae l . N oti f i c ation.


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 123STA T . 333 7PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9$26,0 00,000 shal l bem a d ea v a i lable for a Un i t ed S tates c ontrib u tion to the M ultinational F orce and O bservers mission in the Sinai
 * Provide

d fu r th er ,T hat none of the funds a p propriated under this headin g shall be obligated or e x pended except as provided through the regular notification procedures of the C ommittees on A ppropria - tions . F UNDS A P P RO PR IATE DTOT H E P RESIDENT INTERNATIONA LM ILITAR Y EDU C ATION AND TRAININ G For necessar y expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1 9 61, $10 8 ,000,000, of w hich up to $4,000,000 may remain available until expended and may only be provided through the regular notification procedures of the Committees on Appropriations: Provided, That the civilian per- sonnel for whom military education and training may be provided under this heading may include civilians who are not members of a government whose participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights: Provided further, That funds made available under this heading for assistance for Angola, B angladesh, Cam- eroon, Central African R epublic, Chad, Cote d ’I voire, D emocratic Republic of the Congo, E thiopia, G uatemala, Guinea, H aiti, K enya, L ibya, N epal, Nigeria, and Sri Lan k a may only be provided through the regular notification procedures of the Committees on Appropria- tions and any such notification shall include a detailed description of proposed activities: Provided further, That of the funds appro- priated under this heading, not to exceed $55,000 may be available for entertainment allowances. F OREIGN MILITARY FINANCING PROGRAM For necessary expenses for grants to enable the President to carry out the provisions of section 2 3 of the Arms Export Control Act, $4,195,000,000: Provided, That to expedite the provision of assistance to foreign countries and international organi z ations, the Secretary of State, following consultation with the Committees on Appropriations and sub j ect to the regular notification procedures of such Committees, may use the funds appropriated under this heading to procure defense articles and services to enhance the capacity of foreign security forces: Provided further, That of the funds appropriated under this heading, not less than $2,220,000,000 shall be available for grants only for Israel, and not less than $1,040,000,000 shall be made available for grants only for Egypt, including for border security programs and activities in the Sinai: Provided further, That the funds appropriated under this heading for assistance for Israel shall be disbursed within 30 days of the enactment of this Act: Provided further, That to the extent that the Government of Israel re q uests that funds be used for such purposes, grants made available for Israel under this heading shall, as agreed by the United States and Israel, be available for advanced weapons systems, of which not less than $583,860,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided fur - ther, That funds appropriated under this heading estimated to be outlayed for Egypt during fiscal year 2010 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Egypt.Deadlin e. Isr ael. Deadline. No ti f i c ation. F oreign co u ntries. Notification. Notification. Notification.


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Page:United States Statutes at Large Volume 123.djvu/3358

 123STA T . 333 8PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9BankofNewY o r kw ith in 30d a ys of ena c t m ent of this A ct
 * Provide

d fu r th er ,T hatofthef u nds a p propriated under this headin g , $15 0,000,000 sha l l b emadea v ailable for assistance for J ordan: Provided further, That of the funds appropriated under this heading, not more than $55,000,000 shall be available for assistance for C olombia, of which up to $1 2 ,500,000 is available to support mari - time interdiction and riverine operations: Provided further, That of the funds appropriated under this heading, not less than $23 8 ,000,000 should be made available for assistance for P akistan: Provided further, That in addition to the funds made available in the previous proviso, up to $ 6 0,000,000 of the funds appropriated under the heading ‘ ‘ E conomic S upport F und ’ ’ in this Act and prior Acts making appropriations for the D epartment of State, foreign operations, and related programs, may be transferred to, and merged with, funds appropriated under this heading and made available for assistance for Pakistan, sub j ect to the regular notifica- tion procedures of the Committees on Appropriations: Provided further, That none of the funds made available under this heading shall be made available to support or continue any program initially funded under the authority of section 1206 of the National Defense Authori z ation Act for Fiscal Year 2006 ( Public L aw 10 9– 163 119 Stat . 3 4 56 ) unless the Secretary of State, in coordination with the Secretary of Defense, has justified such program to the Commit- tees on Appropriations: Provided further, That funds appropriated or otherwise made available under this heading shall be nonrepay- able notwithstanding any re q uirement in section 23 of the Arms E x port Control Act: Provided further, That funds made available under this heading shall be obligated upon apportionment in accord- ance with paragraph (5)(C) of title 31, U nited States Code, section 1501(a). None of the funds made available under this heading shall be available to finance the procurement of defense articles, defense services, or design and construction services that are not sold by the United States G overnment under the Arms Export Control Act unless the foreign country proposing to make such procurements has first signed an agreement with the United States Government specifying the conditions under which such procurements may be financed with such funds: Provided, That all country and funding level increases in allocations shall be submitted through the regular notification procedures of section 7 015 of this Act: Provided further, That none of the funds appropriated under this heading may be made available for assistance for Nepal, Sri Lanka, Pakistan, Ban- gladesh, Philippines, I ndonesia, Bosnia and H erzegovina, Haiti, Guatemala, Ethiopia, Cambodia, K enya, Chad, and the Democratic R epublic of the Congo except pursuant to the regular notification procedures of the Committees on Appropriations: Provided further, That funds made available under this heading may be used, not- withstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was justified for the ‘‘Foreign M ilitary Sales Financing Program’’ in the fiscal year 1989 congressional presentation for security assistance programs may utilize funds made available under this heading for procurement of defense articles, defense services or design and construction services that are not sold by the United States Government under the Arms Export Control Foreignc o u n t rie s.N oti f ic a tion. Notification. Notification.


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Page:United States Statutes at Large Volume 123.djvu/3359

 123STA T . 333 9PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 Act:Provide d fu r th er ,Tha t funds a p p ro pr i at e d under this headin g sha l l b ee x pended at the m inimum rate necessar y to ma k e timely payment for defense articles and ser v ices: Provided further, That not more than $54 ,4 6 4, 0 00 of the funds appropriated under this heading may be obligated for necessary expenses, including the purchase of passenger motor vehicles for replacement only for use outside of the U nited S tates, for the general costs of administering military assistance and sales, except that this limitation may be exceeded only through the regular notification procedures of the C ommittees on Appropriations: Provided further, That of the funds appropriated under this heading for general costs of administering military assistance and sales, not to exceed $4,000 may be available for entertainment expenses and not to exceed $ 13 0,000 may be available for representation allo w ances: Provided further, That not more than $550,000,000 of funds reali z ed pursuant to section 2 1 ( e ) (1)(A) of the Arms E xport Control Act may be obligated for expenses incurred by the D epartment of Defense during fiscal year 2010 pursuant to section 43(b) of the Arms Export Control Act, except that this limitation may be exceeded only through the regular notification procedures of the Committees on Appropriations . T I T L E VM ULTILATE R AL ASSISTA N CE FUNDS A P P RO PR IATE DTOT H E P RESIDENT INTERNATIONA L OR G ANI Z ATIONS AND PROGRA M S For necessary expenses to carry out the provisions of section 301 of the Foreign Assistance Act of 1 9 61, and of section 2 of the United Nations Environment Program Participation Act of 19 7 3, $394,000,000: Provided, That section 307(a) of the Foreign Assist - ance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund. INTERNATIONAL F INAN C IAL INSTITUTIONS GLO B AL EN V IRONMENT FACILIT Y For the United States contribution for the G lobal Environment Facility, $ 8 6,500,000, to the International B ank for Reconstruction and Development as trustee for the Global Environment Facility, by the Secretary of the Treasury, to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION For payment to the International Development Association by the Secretary of the Treasury, $1,262,500,000, to remain available until expended. CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND For contributions to the multilateral Clean Technology Fund, $300,000,000, to remain available until expended. Notif i ca tio n. Notification.


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Page:United States Statutes at Large Volume 123.djvu/3360

 123STA T . 33 40PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9CONTRIBU TION TO T HES TR A TE G ICC L I M ATE F UN DForc o nt r ibu tion s tot hem u l til a teral S trate g ic C limate Fun d,$75 , 0 00,000, to remain a v ailable until e xp ended . CONTRIBUTION TO THE INTER - AMERICAN DE V ELO P MENT BAN K For pa y ment to the I nter- A merican Investment Corporation by the Secretary o f the T reasury, $ 4, 6 70,000, to remain available until expended. CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND For payment to the E nterprise for the Americas M ultilateral Investment Fund by the Secretary of the Treasury, for the U nited States contribution to the fund, $ 2 5,000,000, to remain available until expended. CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND For the United States contribution by the Secretary of the Treasury to the increase in resources of the Asian D evelopment Fund, as authori z ed by the Asian Development B an k Act, as amended, $ 1 05,000,000, to remain available until expended. CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND For the United States contribution by the Secretary of the Treasury to the increase in resources of the African Development Fund, $155,000,000, to remain available until expended. CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT For the United States contribution by the Secretary of the Treasury to increase the resources of the International Fund for Agricultural Development, $ 3 0,000,000, to remain available until expended. TIT L E V I E XPOR TA N D INVESTMENT ASSISTANCE E X PORT-IMPORT BANK OF THE UNITED STATES INSPECTOR GENERAL For necessary expenses of the Office of Inspector G eneral in carrying out the provisions of the Inspector General Act of 1 9 7 8, as amended, $2,500,000, to remain available until September 30, 2011. PROGRAM ACCOUNT The Export-Import Bank of the United States is authorized to make such expenditures w ithin the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard


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 123STA T . 33 4 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9tofiscalye a r li m itatio n s , as p ro v i d ed b y section 104 oft h e G overn - ment C orporation Control A ct, as may be necessary in carryin g o u t the program for the current fiscal year for such corporation
 * Provide

d ,T hat none of the funds available during the current fiscal year may be used to ma k ee x penditures, contracts, or commit- ments for the export of nuclear e q uipment, fuel, or technology to any country, other than a nuclear- w eapon state as defined in Article IX of the Treaty on the N on- P roliferation of Nuclear W eapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided fu r th er, That notwithstanding section 1 ( c ) of Public L aw 10 3– 4 28, as amended, sections 1(a) and (b) of Public Law 103–428 shall remain in effect through O ctober 1, 2010: Provided further, That not less than 10 percent of the aggregate loan, guarantee, and insurance authority available to the E xport-Import B ank under this Act should be used for renew- able energy technologies or end-use energy efficiency technologies .SUB S IDYAP P RO PRIA T IO NF or the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authori z ed by section 10 of the Export-Import Bank Act of 1 9 4 5, as amended, not to exceed $ 58,000,000: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 19 7 4: Provided further, That such funds shall remain available until S eptember 30, 2025, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2010, 2011, 2012, and 2013: Provided further, That none of the funds appropriated by this Act or any prior Acts appropriating funds for the D epartment of State, foreign operations, and related programs for tied-aid credits or grants may be used for any other purpose except through the regular notification procedures of the Committees on Appropriations: Provided further, That funds appro- priated by this paragraph are made available notwithstanding sec- tion 2(b)(2) of the Export-Import Bank Act of 1945, in connection with the purchase or lease of any product by any Eastern European country, any Baltic State or any agency or national thereof. AD M INISTRATI VE E X PENSES For administrative expenses to carry out the direct and guaran- teed loan and insurance programs, including hire of passenger motor vehicles and services as authorized by 5 U .S.C. 3109, and not to exceed $30,000 for official reception and representation expenses for members of the Board of Directors, not to exceed $83,880,000: Provided, That the Export-Import Bank may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insur- ance commitment has been made: Provided further, That notwith- standing subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in effect until October 1, 2010. Terminat i o n d ate .12USC635 a note. N oti f i c ation. Termination date. 12 USC 635 note.


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 123STA T . 33 4 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9REC E IPTS C OL LECTE DRec e ipts c ol lecte d p ur su an ttot h e Ex port -Im port B an kA ct o f1945, as amended, and the F ederal C redit Reform Act of 199 0, as amended, in an amount not to exceed the amount appropriated herein, shall b e credited as offsettin g collections to this account
 * Provide

d, T hat the sums herein appropriated from the G eneral Fund shall be reduced on a dollar-for-dollar basis b y such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $ 0: Provided fu r th er, That amounts collected in fiscal year 2 010 in excess of obligations shall become a v ailable on S eptember 1, 2010 and shall remain available until September 3 0, 2013 .OV ERSE A S P RIVATE I N VEST M ENT CORPORATION NONCREDIT ACCO U NT The Overseas Private Investment Corporation is authori z ed to make, w ithout regard to fiscal year limitations, as provided by 31 U .S.C. 9104, such expenditures and commitments within the limits of funds available to it and in accordance with law as may be necessary: Provided , That the amount available for administrative expenses to carry out the credit and insurance pro- grams ( including an amount for official reception and representation expenses which shall not exceed $35,000 ) shall not exceed $52,310,000: Provided further, That pro j ect-specific transaction costs, including direct and indirect costs incurred in claims settle- ments, and other direct costs associated with services provided to specific investors or potential investors pursuant to section 234 of the Foreign Assistance Act of 19 6 1, shall not be considered administrative expenses for the purposes of this heading. PRO G RAM ACCOUNT For the cost of direct and guaranteed loans, $29,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be derived by transfer from the Overseas Private Investment Corporation N oncredit Account: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 19 7 4: Provided further, That such sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2010, 2011, and 2012: Provided further, That funds so obligated in fiscal year 2010 remain available for disbursement through 201 8; funds obligated in fiscal year 2011 remain available for disburse- ment through 2019; and funds obligated in fiscal year 2012 remain available for disbursement through 2020: Provided further, That notwithstanding any other provision of law, the Overseas Private Investment Corporation is authorized to undertake any program authorized by title I V of the Foreign Assistance Act of 1961 in Ira q
 * Provided further, That funds made available pursuant to

the authority of the previous proviso shall be subject to the regular notification procedures of the Committees on Appropriations. In addition, such sums as may be necessary for administrative expenses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the Notif i ca tio n.


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 123STA T . 33 4 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9creditan din su rance p r og ra m sint h e Ov erseas P rivate I nvestment C orporation N oncredit A ccount and merged w ith said account .FUNDS A P P RO PR IATE DTOT H E PRESIDENT TRADE AND DE V E L OP M ENT A G EN CY For necessar y e x penses to carry out the provisions o f section 6 6 1 of the Foreign Assistance Act of 1 9 61 ,$5 5, 20 0,000, to remain avai l a b le until S eptember 3 0, 2011
 * Provide

d, T hat of the funds appropriated under this heading, not more than $ 4 ,000 may be available for representation and entertainment allowances. TIT LEV II G ENE R AL PROVISIONS ALLO W ANCES AND DI F FERENTIALS SEC. 7 001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and dif - ferentials as authori z ed by subchapter 59 of title 5, U nited States Code for services as authorized by 5 U.S.C. 3109; and for hire of passenger transportation pursuant to 31 U.S.C. 1343 ( b ) . UNO B LIGATED BALANCES REPORT SEC. 7002. Any department or agency of the United States Government to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropria- tions a q uarterly accounting of cumulative balances by program, pro j ect, and activity of the funds received by such department or agency in this fiscal year or any previous fiscal year that remain unobligated and unexpended. CONSULTING SERVICES SEC. 7003. The expenditure of any appropriation under title I of this Act for any consulting service through procurement con- tract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. EMBASSY CONSTRUCTION SEC. 7004. (a) Of funds provided under title I of this Act, except as provided in subsection (b), a project to construct a diplo- matic facility of the United States may not include office space or other accommodations for an employee of a Federal agency or department if the Secretary of State determines that such depart- ment or agency has not provided to the D epartment of State the full amount of funding required by subsection (e) of section 604 of the Secure Embassy Construction and Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106 – 113 and contained in appendix G of that Act; 113 Stat. 1501A– 453), as amended by section 629 of the Departments of Commerce, Contrac t s.


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Page:United States Statutes at Large Volume 123.djvu/3364

 123STA T . 33 4 4 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Justice,andS tate, t h e Judicia ry , and R e l ated Ag encies A p pr o pria - tions Act, 20 0 5.(b)N ot w ithstanding the prohibition in subsection (a), a pro j ect to construct a diplo m atic f acility of the U nited States may include office space or other accommodations for members of the United States M arine C orps. (c) F unds appropriated by this Act, and any prior Act ma k ing appropriations for the D epartment of State, foreign operations, and related programs, which may be made a v ailable for the ac q uisition of property for diplomatic facilities in K abul, Afghanistan, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations. PERSON NE LACTI ONS SEC. 7 005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available under title I to such department or agency
 * Provide

d ,T hat the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided fu r th er, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 70 1 5 of this Act and shall not be available for obligation or e x penditure except in compliance with the proce- dures set forth in that section. LOCAL GU AR D CONTRACTS SEC. 700 6 . In evaluating proposals for local guard contracts, the Secretary of State shall award contracts in accordance with section 1 3 6 of the Foreign Relations Authori z ation Act, Fiscal Y ears 1 9 90 and 1991 (22 U.S.C. 48 64), except that the Secretary may grant authorization to award such contracts on the basis of best value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101) in Iraq, Afghanistan, and P akistan, notwithstanding subsection (c)(3) of such section: Provided, That the authority in this section shall apply to any options for renewal that may be exercised under such contracts that are awarded during the current fiscal year: Provided further, That prior to issuing a solicitation for a contract to be awarded pursuant to the authority under this section, the Secretary of State shall consult with the Committees on Foreign Relations and Appropriations of the Senate and the Committees on Foreign Affairs and Appropriations of the H ouse of Representa- tives. PRO H I B ITION AGAINST DIRECT F UNDING FOR CERTAIN COUNTRIES SEC. 7007. None of the funds appropriated or otherwise made available pursuant to titles III through V I of this Act shall be obligated or expended to finance directly any assistance or repara- tions for the governments of Cuba, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insur- ance and guarantees of the E xport-Import B ank or its agents. Consulta t i on .Ap pli c a b ilit y . Consultation. N oti f ication.


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Page:United States Statutes at Large Volume 123.djvu/3365

 123STA T . 33 45PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9COUPSD’E´TA T S EC .70 0 8 . None o fth ef u n dsap p r opr i ated or other w ise m ade a v ai l a b le pursuant to titles I II throu g h V I of this Ac t shall be obligated or e x pended to finance directl y any assistance to the government of any country whose duly elected head of government is deposed by military coup or decree
 * Provide

d ,T hat assistance may be resumed to such government if the P resident determines and certifies to the C ommittees on Appropriations that subse q uent to the termination of assistance a democratically elected government has ta k en office: Provided fu r th er, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be sub j ect to the regular notification procedures of the Committees on Appropriations. T R A N S F ER AUT H OR I T Y SEC. 700 9 . ( a )D EPART M ENT OF STATE AND B ROADCASTIN G BOARD OF G O V ERNORS. — Not to exceed 5 percent of any appropria - tion made available for the current fiscal year for the Department of State under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 1 0 percent by any such transfers: Provided , That not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between such appropriations, but no such appro- priation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 7015(a) and (b) of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. (b) EX PORT F INANCING TRANSFER AUTHORITIES.—Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2 010, for programs under title VI of this Act may be transferred between such appropriations for use for any of the purposes, programs, and activities for which the funds in such receiving account may be used, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 25 percent by any such transfer: Provided, That the exercise of such authority shall be subject to the regular notification procedures of the Committees on Appropriations. (c) L IMITATION ON TRANSFERS BET W EEN AGENCIES.— (1) None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the U nited States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act. (2) Notwithstanding paragraph (1), in addition to transfers made by, or authori z ed elsewhere in, this Act, funds appro- priated by this Act to carry out the purposes of the Foreign Assistance Act of 19 6 1 may be allocated or transferred to agen- cies of the United States Government pursuant to the provisions of sections 109, 610, and 6 3 2 of the Foreign Assistance Act of 1961. Notif i ca tio n. Notification. Pres i d ent. D eter m ination. C ertification.


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Page:United States Statutes at Large Volume 123.djvu/3366

 123STA T . 33 46PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9(3)Anyagre e m en t entere di nt ob yt h e U nited S tate s Agen c y f or I nternationa lD e v elo p ment (USAID) or the Depart - ment of State w ith any department , agency, or instr u mentality of the United States G overnment pursuant to section 6 3 2 (b) of the F oreign Assistance Act of 19 61 valued in e x cess of $ 1, 0 00,000 and any agreement made pursuant to section 632(a) of such Act, with funds appropriated by this Act and prior Acts ma k ing appropriations for the Department of State, foreign operations, and related programs under the headings ‘ ‘Global H ealth and C hild Survival ’ ’, ‘‘Development Assistance’’, and ‘‘ E conomic Support Fund’’ shall be sub j ect to the regular notification procedures of the Committees on Appropriations
 * Provide

d, T hat the re q uirement in the previous sentence shall not apply to agreements entered into between USAID and the Department of State . (d) T RANSFE RS B E TW EEN A C C OU NTS. —N one of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which they were not appro- priated, except for transfers specifically provided for in this Act, unless the P resident, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy jus- tification to the Committees on Appropriations. (e) AU DI T OF INTER-A G ENC Y TRANSFERS.—Any agreement for the transfer or allocation of funds appropriated by this Act, or prior Acts, entered into between the Department of State or USAID and another agency of the United States Government under the authority of section 632(a) of the Foreign Assistance Act of 1961 or any comparable provision of law, shall expressly provide that the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and finan- cial audits of the use of such funds: Provided , That funds transferred under such authority may be made available for the cost of such audits. RE P ORTING RE Q UIRE M ENT SEC. 7 010. The Secretary of State shall provide the Committees on Appropriations, not later than April 1, 2010, and for each fiscal quarter, a report in writing on the uses of funds made available under the headings ‘‘Foreign M ilitary Financing Program’’, ‘‘Inter- national Military Education and Training’’, and ‘‘Peacekeeping O perations’’: Provided, That such report shall include a description of the obligation and expenditure of funds, and the specific country in receipt of, and the use or purpose of the assistance provided by such funds. A V AI L A B ILITY OF FUNDS SEC. 7011. No part of any appropriation contained in this Act shall remain available for obligation after the expiration of the current fiscal year unless expressly so provided in this Act: Provided, That funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance Act of 1961, section 23 of the Arms Export Control Act, and funds provided under the headings ‘‘Assistance for Europe, Eurasia and Central Asia’’ and ‘‘Development Credit Authority’’, shall remain available Presid e nt.D e a d l ine. Co ns u ltation. Poli cyj usti f ication. N otification.


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Page:United States Statutes at Large Volume 123.djvu/3367

 123STA T . 33 47PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9foran a d d it iona l4ye ar s fro m t h e date on w hi c hthea v aila b ility ofs u ch funds would otherwise have e xp ired , if such funds are initially obli g ated before the expiration of their respective periods of availability contained in this A ct
 * Provide

d fu r th er ,T hat, notwith - standing any other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the F oreign Assistance Act of 1 96 1 which are allocated or obligated for cash disbursements in order to address balance of payments or economic policy reform ob j ectives, shall remain avail- able until expended .LIM I TA TI ON ONA S SISTAN CE TO CO U NT R IES IN D E F AULT S EC. 70 1 2 . N o part of any appropriation provided under titles III through V I in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of one calendar year in payment to the U nited States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the P resident determines, following consultations with the C ommittees on Appro- priations, that assistance for such country is in the national interest of the United States. P RO H I B ITION ON TA X ATION OF UNITED STATES ASSISTANCE SEC. 701 3 . ( a ) PROHIBITION ON TAXATION. — None of the funds appropriated under titles III through VI of this Act may be made available to provide assistance for a foreign country under a new bilateral agreement governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that assistance provided by the United States shall be exempt from taxation, or reimbursed, by the foreign govern- ment, and the Secretary of State shall expeditiously see k to nego- tiate amendments to existing bilateral agreements, as necessary, to conform with this re q uirement. (b) R EIMBURSEMENT OF FOREI G N TAXES.—An amount equiva- lent to 200 percent of the total taxes assessed during fiscal year 2010 on funds appropriated by this Act by a foreign government or entity against commodities financed under United States assist- ance programs for which funds are appropriated by this Act, either directly or through grantees, contractors and subcontractors shall be withheld from obligation from funds appropriated for assistance for fiscal year 2011 and allocated for the central government of such country and for the W est B ank and G a z a program to the extent that the Secretary of State certifies and reports in writing to the Committees on Appropriations that such taxes have not been reimbursed to the Government of the United States. (c) D E M INIMIS E XCEPTION.—Foreign taxes of a de minimis nature shall not be subject to the provisions of subsection (b). (d) REPROGRAMMING OF FUNDS.—Funds withheld from obliga- tion for each country or entity pursuant to subsection (b) shall be reprogrammed for assistance to countries which do not assess taxes on United States assistance or which have an effective arrangement that is providing substantial reimbursement of such taxes. (e) DETERMINATIONS.— Presid e nt.D eter m in a ti o n. C ons ul tation.


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Page:United States Statutes at Large Volume 123.djvu/3368

 123STA T . 33 48PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9(1)Theprovis io n so ft his se c tion sh al l not appl y to any co u ntry or entity the S ecretary of State d eter m ines — ( A ) does not assess ta x es on U nited States assistance or w hich has an effective arran g ement that is providing su b stantial reimbursement of such taxes or ( B ) the foreign policy interests of the United States outweigh the purpose of this section to ensure that United States assistance is not sub j ect to taxation . ( 2 ) The Secretary of State shall consult with the C ommit - tees on Appropriations at least 1 5 days prior to exercising the authority of this subsection with regard to any country or entity. (f) IMPLE ME NTA T IO N.—The Secretary of State shall issue rules , regulations, or policy guidance, as appropriate, to implement the prohibition against the taxation of assistance contained in this section. (g) D E F INITION S .—As used in this section— (1) the terms ‘ ‘taxes ’ ’ and ‘‘taxation’’ refer to value added taxes and customs duties imposed on commodities financed with United States assistance for programs for which funds are appropriated by this Act; and (2) the term ‘‘bilateral agreement’’ refers to a framewor k bilateral agreement between the G overnment of the United States and the government of the country receiving assistance that describes the privileges and immunities applicable to United States foreign assistance for such country generally, or an individual agreement between the Government of the United States and such government that describes, among other things, the treatment for tax purposes that will be accorded the United States assistance provided under that agreement. R ESER V ATIONS OF F U N D S SE C. 70 1 4 . (a) F unds appropriated under titles II through V I of this Act which are specifically designated may be reprogrammed for other programs within the same account notwithstanding the designation if compliance with the designation is made impossible by operation of any provision of this or any other Act
 * Provide

d, That any such reprogramming shall be subject to the regular notification procedures of the Committees on Appropriations: Pro - vided fu r th er, That assistance that is reprogrammed pursuant to this subsection shall be made available under the same terms and conditions as originally provided. (b) In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the United States Agency for International Development (USAID) that are specifically designated for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the USAID Administrator determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation. Det e rmina ti o n .R e p ort s . N oti f i c ation. Re gul ations. C onsultation. Dea d line.


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Page:United States Statutes at Large Volume 123.djvu/3369

 123STA T . 33 49PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 (c)Ceil i ngsa n d s p eci f icall y designa t edf u nding le v els c o ntained int h is A ct shall not b e applicable to funds o r authorities appro - priated or other w ise m ade available by any subse q uent Act unless such Act specifically so directs
 * Provide

d ,T hat specifically des- ignated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act .REP R OG R AM M IN GNO T I F I C ATION RE QU IREMENT SS EC. 7015 . (a) N one of the funds made available in title I of this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation ore x penditure in fiscal year 2 010, or provided from any accounts in the Treasury of the U nited States derived by the collection of fees or of currency reflows or other offsetting collections, or made available by transfer, to the agencies and departments funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates new programs (2) elimi- nates a program, pro j ect, or activity; ( 3 ) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; ( 4 ) relocates an office or employees; (5) closes or opens a mission or post; ( 6 ) reorgani z es or renames offices; (7) reorganizes programs or activities; or ( 8 ) contracts out or privatizes any functions or activities presently performed by F ederal employees; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (b) For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds provided under title I of this Act, or provided under previous appropriations Acts to the agency or department funded under title I of this Act that remain available for obligation or expenditure in fiscal year 2010, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agency or department funded by title I of this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $ 1,000,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committees on Appropriations are notified 15 days in advance of such reprogramming of funds. (c) For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds made available under titles II through V in this Act under the headings ‘ ‘ G lobal H ealth and Child Survival ’ ’, ‘‘ D evelopment Assistance’’, ‘‘International O rganizations and P rograms’’, ‘‘Trade and Develop- ment Agency’’, ‘‘International Narcotics Control and L aw E nforce- ment’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Eco- nomic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Peace k eeping Oper- ations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses’’, ‘‘Civilian Stabilization Initiative’’, ‘‘Office of Inspector General’’, ‘‘Non- proliferation, Anti-terrorism, Demining and R elated Programs’’, ‘‘ M illennium Challenge Corporation’’, ‘‘Foreign Military Financing Deadlin e s.


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Page:United States Statutes at Large Volume 123.djvu/3370

 123STA T . 33 50PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9Prog r am’ ’ ,‘ ‘ Inte rnat i ona lM ilitar yEduc ation and T raining’’, ‘‘Peace C or ps ’’, ‘‘Comple x Crises F und’’, and ‘‘Migration and R e f ugee A ssist - ance’’, s h all b ea v ailable for obligation for activities, programs, pro j ects, type of materiel assistance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obligation under any of these specific headings unless the Committees on Appropriations are previously notified 15 days in advance
 * Provide

d, That the President shall not enter into any commitment of funds appropriated for the purposes of section 23 of the Arms Export Control Act for the provision of major defense e q uipment, other than conventional ammunition, or other major defense items defined to be aircraft, ships, missiles, or combat vehicles, not previously justified to Congress or 2 0 percent in excess of the quantities justified to Congress unless the Commit- tees on Appropriations are notified 15 days in advance of such commitment: Provided fu r th er, That requirements of this subsection or any similar provision of any other Act shall not apply to any reprogramming for an activity, program, or project for w hich funds are appropriated under titles II through I V of this Act of less than 10 percent of the amount previously justified to the Congress for obligation for such activity, program, or project for the current fiscal year .( d )N otwithstanding any other provision of law, with the excep- tion of funds transferred to, and merged with, funds appropriated under title I of this Act, funds transferred by the D epartment of Defense to the Department of S tate and the U nited States Agency for International Development for assistance for foreign countries and international organi z ations, and funds made available for programs authorized by section 120 6 of the National Defense Authorization Act for Fiscal Y ear 2006 (Public L aw 10 9– 163), shall be subject to the regular notification procedures of the Committees on Appropriations. (e) The requirements of this section or any similar provision of this Act or any other Act, including any prior Act requiring notification in accordance with the regular notification procedures of the Committees on Appropriations, may be waived if failure to do so would pose a substantial ris k to human health or welfare: Provided, That in case of any such waiver, notification to the Committees on Appropriations shall be provided as early as prac- ticable, but in no event later than 3 days after taking the action to which such notification requirement was applicable, in the con- text of the circumstances necessitating such waiver: Provided fur - ther, That any notification provided pursuant to such a waiver shall contain an explanation of the emergency circumstances. (f) None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Serbia, Sudan, Z imbabwe, Pakistan, Dominican Republic, Cuba, Iran, H aiti, Libya, Ethiopia, Nepal, Colombia, Mexico, K azakhstan, Somalia, Sri Lanka, or Cambodia and countries listed in section 7 0 4 5(c)(2) and (f)(2) of this Act except as provided through the regular notification procedures of the Committees on Appropria- tions. NOTIF I CA TION ON EX CE S S D EFENSE E QU I PM ENT SEC. 7016. Prior to providing excess Department of Defense articles in accordance with section 516(a) of the Foreign Assistance Foreignc o u n t rie s.Expla nation. D ea d line. W ai v er aut h orit y . P resident.


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Page:United States Statutes at Large Volume 123.djvu/3371

 123STA T . 33 5 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9Actof196 1, t heD e par t m e n t of Defen s e sha l l not i f y the C ommittees on Appropriations to the same e x tent an du nder the same conditions as other committees pursuant to su b section ( f ) of that section
 * Provide

d ,T hat before issuin g a letter of offer to sell excess defense articles under the Arms E xport Control Act, the Department of Defense shall notify the Committees on Appropriations in accord - ance w ith the regular notification procedures of such Committees if such defense articles are significant military e q uipment (as defined in section 47 (9) of the Arms Export Control Act) or are v alued (in terms of original acquisition cost) at $ 7, 0 00,000 or more, or if notification is required elsewhere in this Act for the use of appropriated funds for specific countries that would receive such excess defense articles: Provided fu r th er, That such Committees shall also be informed of the original acquisition cost of such defense articles .LIM I TA TI ON ONA V AILA B ILIT Y O F F U N DS FO R INT E RNATIONAL OR G ANI Z ATIONS AND P ROGRAMS S E C . 7017. Sub j ect to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles I II through V I of this Act or any previously enacted Act ma k ing appropriations for the Department of State, foreign operations, and related programs, which are returned or not made available for organi z ations and programs because of the implementation of sec- tion 3 07(a) of the F oreign Assistance Act of 1961, shall remain available for obligation until September 30, 2 011. PRO H IBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY STERILIZATION SEC. 701 8 . N one of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for the performance of involuntary sterilization as a method of family planning or to coerce or provide any financial incentive to any person to undergo sterilizations. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be used to pay for any biomedical research which relates in whole or in part, to methods of, or the performance of, abortions or involuntary sterilization as a means of family plan- ning. None of the funds made available to carry out part I of the Foreign Assistance Act of 1961, as amended, may be obligated or expended for any country or organization if the P resident certifies that the use of these funds by any such country or organization would violate any of the above provisions related to abortions and involuntary sterilizations. ALLOCATIONS SEC. 7019. (a) Funds provided in this Act for the following accounts shall be made available for programs and countries in the amounts contained in the respective tables included in the joint explanatory statement accompanying this Act: ‘ ‘American Sections, International Commissions ’ ’. Presid e nt.C erti f i ca ti o n. N otification.


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Page:United States Statutes at Large Volume 123.djvu/3372

 123STA T . 33 5 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9‘ ‘ Civ i l i anSt a b ili z ati o n I nitiativ e’ ’ . ‘‘ D i p lo m ati c an d Con su la rP ro g rams’’. ‘‘ E ducational and Cultural E x c h ange Programs’’. ‘‘International B oundar y and W ater Commission ,U nited States and M exico’’. ‘‘International F isheries Commissions’’. ‘‘International Broadcasting O perations’’. ‘‘ G lobal H ealth and Child Survival’’. ‘‘Democracy Fund’’. ‘‘Economic Support Fund’’. ‘‘ A ssistance f or Europe, Eurasia and Central Asia’’. ‘‘International N arcotics Control and L a w Enforcement’’. ‘‘Nonproliferation, Anti - terrorism, Demining and R elated Programs’’. ‘‘Foreign Military Financing Program’’. ‘‘Peace k eeping Operations’’. ‘‘International Organizations and Programs’’. ( b ) For the purposes of implementing this section and only with respect to the tables included in the j oint explanatory state- ment accompanying this Act, the Secretary of State, the Adminis- trator of the United States Agency for International Development and the Broadcasting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), subject to the regular notification procedures of the Committees on Appropriations. (c) T he re q uirements contained in subsection (a) shall apply to the tables under the headings ‘‘Bilateral Economic Assistance’’ and ‘‘General Provisions’’ in the joint explanatory statement. PROHIB I T IO N O F P AYME NT OF C ERTAIN E X PEN S ES SEC. 702 0. None of the funds appropriated or otherwise made available by this Act under the headings ‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or under the headings ‘‘Global Health and Child Survival’’, ‘‘Development Assistance’’, and ‘‘Eco- nomic Support Fund’’ may be obligated or expended to pay for — ( 1 ) alcoholic beverages or (2) entertainment expenses for activities that are substan- tially of a recreational character, including but not limited to entrance fees at sporting events, theatrical and musical productions, and amusement parks. PROHIBITION ON ASSISTANCE TO FOREI G NGO V ERNMENTS THAT EX- PORT L ETHAL MILITARY E QU IPMENT TO COUNTRIES SUPPORTING INTERNATIONAL TERRORISM SEC. 7021. (a) None of the funds appropriated or otherwise made available by titles III through V I of this Act may be available to any foreign government which provides lethal military equipment to a country the government of which the Secretary of State has determined is a government that supports international terrorism for purposes of section 6 (j) of the Export Administration Act of 1 9 79
 * Provide

d, That the prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment: Provided fu r th er, That this section applies with respect to lethal military Ap p licab ili ty.Term i n ati o n d ate. P re s ident. D etermination. Applicability. N oti f ication.


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Page:United States Statutes at Large Volume 123.djvu/3373

 123STA T . 33 5 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9equipm e nt p rov i d ed under ac ontract entered into a f ter O cto b er 1, 1 9 9 7.( b )As sistance restricted b y subsection (a) or any ot h er simi l ar provision of la w, may be furnished if the P resident determines that to do so is important to the national interests of the U nited S tates. (c) W henever the President ma k es a determination pursuant to subsection (b), the President shall submit to the C ommittees on Appropriations a report with respect to the furnishin g of such assistance, including a detailed e x planation of the assistance to be provided, the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests. PROHIB I T IO N ON BI LA T E RAL A S SISTAN C E TO TERRORIST CO U NTRIES SEC. 7 02 2. (a) F unds appropriated for bilateral assistance in titles I II through V I of this Act and funds appropriated under any such heading in a provision of law enacted prior to the enact - ment of this Act, shall not be made available to any country which the President determines — (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism or (2) otherwise supports international terrorism. (b) T he President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons j ustify such waiver
 * Provide

d, That the President shall publish each such waiver in the Federal R egister and, at least 1 5 days before the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the waiver) in accordance with the regular notifica- tion procedures of the Committees on Appropriations. AUTHORI Z ATION RE Q UIRE M ENTS SEC. 702 3 . Funds appropriated by this Act, except funds appro- priated under the heading ‘ ‘Trade and D evelopment Agency ’ ’, may be obligated and expended notwithstanding section 10 of Public L aw 91 –6 72, section 15 of the State Department B asic Authorities Act of 1956, section 313 of the Foreign Relations Authori z ation Act, Fiscal Y ears 199 4 and 1995 (Public Law 103–236), and section 504(a)(1) of the N ational Security Act of 1947 (50 U.S.C. 414(a)(1)). D E F INITION OF PRO G RAM, PRO J ECT, AND ACTI V IT Y SEC. 7024. For the purpose of titles II through VI of this Act ‘‘program, project, and activity’’ shall be defined at the appro- priations Act account level and shall include all appropriations and authorizations Acts funding directives, ceilings, and limitations with the exception that for the following accounts: ‘‘ E conomic Sup- port Fund’’ and ‘‘Foreign M ilitary Financing Program’’, ‘‘program, project, and activity’’ shall also be considered to include country, regional, and central program level funding within each such account; for the development assistance accounts of the United States Agency for International Development ‘‘program, project, and activity’’ shall also be considered to include central, country, regional, and program level funding, either as: (1) justified to the Reports.D e adlin e. F ederal Re g ister , p ub li c ation. Deadline. N oti f ication. W ai v er aut h orit y . Deter m ination. P resident. Determination. Reports.