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Page:United States Statutes at Large Volume 123.djvu/864

 123STA T .84 4 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9medical l y acc ur a t ea n d sh all include the p u b lic health bene f its and failure rates o f such use .I n addition , for necessary e x penses to carry out the pro v isions of the F orei g n A ssistance Act of 196 1 for the prevention, treatment, and control of, and research on, H I V/ AI DS , $5 ,159, 0 00,000, to remain available until expended, and w hich shall be apportioned directly to the Department of State
 * Provide

d, T hat of the funds appropriated under this paragraph, not less than $600,000,000 shall be made available, notwithstanding any other provision of law, except for the U nited States L eadership Against HIV/AIDS, Tuber - culosis and M alaria Act of 2 00 3(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 ma k e timely payment for pro j ects and activities: Provided fu r th er, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2009 may be made available to the United States Agency for Inter- national Development for technical assistance related to the activi- ties of the Global Fund: Provided further, That of the funds appro- priated under this paragraph, up to $1 4 ,000,000 may be made available, in addition to amounts otherwise available for such pur- poses, for administrative expenses of the O ffice of the Global AIDS C oordinator. 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, $1,800,000,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading that are made available for assistance programs for displaced and orphaned children and victims of war, not to exceed $44,000, in addition to funds otherwise available for such purposes, may be used to monitor and provide oversight of such programs: Provided further, That of the funds appropriated by this Act and prior Acts for fiscal year 2009, not less than $245,000,000 shall be made available for microenterprise and microfinance development programs for the poor, especially women: Provided further, That of the funds appropriated under this heading, not less than $22,500,000 shall be made available for the American Schools and Hospitals Abroad program: Provided further , That of the funds appropriated under this heading, $10,000,000 shall be made available for cooperative development programs within the Office of Private and Voluntary Cooperation: Provided further, That of the funds appropriated by this Act and prior Acts for fiscal year 2009, not less than $300,000,000 shall be made available for water and sanitation supply projects pursuant to the Senator Paul Simon W ater for the Poor Act of 2005 (Public Law 109–121), of which not less than $125,000,000 should be made available for such projects in Africa: Provided further, That of the funds appropriated by title III of this Act, not less than $3 7 5,000,000 shall be made available for agricultural development programs, of which not less than $29,000,000 shall be made avail- able for Collaborative R esearch Support Programs: Provided further, That of the funds appropriated under this heading, $75,000,000 shall be made available to enhance global food security, including for local or regional purchase and distribution of food, in addition


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Page:United States Statutes at Large Volume 123.djvu/865

 123STA T .845PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9tofunds ot herwi se ma dea v ai l a b le for su c h p urposes , and notwith - standin g an y other provision of law
 * Provide

d fu r th er ,T hat prior to the obligation of funds pursuant to the previous proviso and after consultation with other relevant F ederal departments and agencies, the C ommittees on A ppropriations, and relevant non- governmental organi z ations, the Administrator of the U nited S tates Agency for I nternational D evelopment shall submit to the Commit- tees on Appropriations a strategy for achieving the goals of funding for global food security programs, specifying the intended country beneficiaries, amounts of funding, types of activities to be funded, and e x pected q uantifiable results: Provided further, That of the funds appropriated under this heading for agricultural development programs, not less than $7, 0 00,000 shall be made available for a United States contribution to the endowment of the G lobal Crop Diversity Trust pursuant to section 32 02 of P ublic L aw 1 10 – 2 46 Provided further, That of the funds appropriated under this heading, not less than $1 5 ,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 expenses to carry out the provisions of section 4 9 1 of the Foreign Assistance Act of 1961 for international disaster relief, rehabilitation, and reconstruction assistance, $350,000,000, 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, $50,000,000, 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 President determines that it is important to the national interests of the United States to provide transition 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: Provided fur - ther, That funds made available pursuant to the previous proviso shall be made available sub j ect to prior consultation with the Committees on Appropriations. DEVELO PM ENT CREDIT A U T H ORIT Y( INCLUDIN G TRANS F ER OF FUNDS ) For the cost of direct loans and loan guarantees provided by the United States Agency for International Development, as author- ized 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 Presid e nt.R e po rts. D e a d l ine. S trate gy .

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Page:United States Statutes at Large Volume 123.djvu/866

 123STA T .846PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9the he ading‘ ‘ As sistan c e forEu ro p e , Eurasia and C entra l Asia ’ ’
 * Provide

d ,T hat funds pro v ided under this paragraph and funds provided as a gift pursuant to section 635( d ) of the F oreign Assist - ance Act of 19 61 shall b e m ade available onl y for micro and small enterprise programs, urban programs, and other programs w hich further the purposes of part I of such Act: Provided fu r th er, That such costs, including the cost of modifying such direct and guaran- teed loans, shall be as defined in section 5 02 of the Congressional B udget Act of 19 74, as amended: Provided further, That funds made available by this paragraph may be used for the cost of modifying any such guaranteed loans under this Act or prior Acts, and funds used for such costs shall be sub j ect to the regular notifica- tion procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d) (relating to general provisions applicable to the D evelopment Credit Authority) of the Foreign Assistance Act of 1961, as contained in section 306 of H.R. 14 8 6 as reported by the House Committee on International 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 which 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, $8,000,000, which may be transferred to, and merged with, funds made available under the heading ‘‘ O per- ating Expenses’’ in title II of this Act: Provided, That funds made available under this heading shall remain available until September 30, 2011. 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, $3,007,000,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading, $200,000,000 shall be available only 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 eco- nomic 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, up to $20,000,000 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 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 of the funds appropriated under this heading, not less than $263,547,000 shall be made available for assistance for J ordan: Provided further, That of the funds appropriated under this heading Jordan.Cyp r us . Eg yp t. G rants. A pp lic a b ility. L oans. N oti f ication.


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Page:United States Statutes at Large Volume 123.djvu/867

 123STA T .847PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9notm o re t ha n $75,0 00,000 ma yb ema d ea v a il able f ora s sistan c e for the W est B an k and G a z a, of w hich not to e x ceed $ 2 ,000,000 may be u sed for administrative ex p enses of the U nited S tates Ag ency for I nternational D evelopment ( USAID ) , in addition to funds otherwise available for such purposes, to carry out programs in the West Bank and Gaza
 * Provide

d fu r th er, T hat $ 6 7,500,000 of the funds appropriated under this heading shall be made available for assistance for L ebanon, of which not less than $ 1 0,000,000 shall be made available for educational scholarships for students in Lebanon with high financial need: Provided further , That $200,000,000 of the funds made available for assistance for Afghani - stan under this heading may be obligated for such assistance only after the Secretary of State certifies to the C ommittees on Appro- priations that the Government of Afghanistan at both the national and provincial level is cooperating fully with United States-funded poppy eradication and interdiction efforts in Afghanistan: Provided further, That the P resident may waive the previous proviso if the President determines and reports to the Committees on Appropria- tions that to do so is in the national security interests of the United States: Provided further, That of the funds appropriated under this heading, $200,000,000 shall be apportioned directly to USAID for alternative development / institution building programs in Colombia: Provided further, That of the funds appropriated under this heading that are available for Colombia, not less than $ 3 ,500,000 shall be transferred to, and merged with, funds appro- priated under the heading ‘ ‘ M igration and R efugee Assistance ’ ’ and shall be made available only for assistance to nongovernmental organizations that provide emergency relief aid to Colombian refu- gees in neighboring countries .DEMOCRA C YFUN D (a) F or necessary expenses to carry out the provisions of the Foreign Assistance Act of 1 9 61 for the promotion of democracy globally, $116,000,000, to remain available until September 30, 2011, of which not less than $7 4 ,000,000 shall be made available for the H uman Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State, and not less than $37,000,000 shall be made available for the O ffice of Democracy and Governance of the Bureau for Democracy, Con- flict, and Humanitarian Assistance, United States Agency for Inter- national Development. (b) Of the funds appropriated under this heading that are made available to the Bureau of Democracy, Human Rights and Labor, not less than $17,000,000 shall be made available for the promotion of democracy in the People’s Republic of China, Hong K ong, and Taiwan, and not less than $6,500,000 shall be made available for the promotion of democracy in countries located outside the Middle E ast region with a significant Muslim population, and where such programs and activities would be important to respond to, deter, or prevent extremism: Provided, That assistance for Taiwan should be matched from sources other than the United States Government. (c) Of the funds appropriated under this heading that are made available to the Bureau for Democracy, Conflict, and Humani- tarian Assistance, not less than $19,500,000 shall be made available for the Elections and Political Process Fund, $7,500,000 shall be made available for international labor programs, and not less than Presid e nt.Wa i v era u t ho rit y . D eter m ination. R e p orts. Afg hanistan. C ertifi c ation. L e b anon.


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Page:United States Statutes at Large Volume 123.djvu/868

 123STA T .84 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9$10, 000,000 shal l bem a d ea v a i lable topr ovide i n stit u tional and c ore support f or or g ani z ations that promote human rights, inde - pendent media and the rule of la w.( d )F unds appropriated b y this A ct that are made available for the promotion of democracy may be made available notwith- standing any other provision of law. Funds appropriated under this heading are in addition to funds otherwise made available for such purposes. (e) For the purposes of funds appropriated by this Act, the term ‘ ‘promotion of democracy ’ ’ means programs that support good governance, human rights, independent media, and the rule of law, and otherwise strengthen the capacity of democratic political parties, governments, nongovernmental organizations and institu- tions, and citizens to support the development of democratic states, institutions, and practices that are responsive and accountable to citizens. (f) Any contract, grant, or cooperative agreement (or any amend- ment to any contract, grant, or cooperative agreement) in e x cess of $1,000,000 of funds under this heading, and in excess of $ 2, 5 00,000 under other headings in this Act, for the promotion of democracy, with the exception of programs and activities of the N ational E ndowment for D emocracy, shall be sub j ect to the regular notification procedures of the C ommittees on Appropria- tions. INTER N A TI O NA LFU N D FOR IRELAND For necessary expenses to carry out the provisions of chapter 4 of part I I of the Foreign Assistance Act of 1 96 1, $15,000,000, which shall be available for the U nited S tates 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 L aw 99 – 415)
 * Provide

d, T hat such amount shall be expended at the minimum rate necessary to ma k e timely payment for projects and activities: Provided fu r th er, That funds made available under this heading shall remain available until September 3 0, 2010. 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 R EED OM Support Act, and the Support for East European Democracy (SEED) Act of 1989, $650,000,000, to remain available until September 30, 2010, 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 B altic 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 Notif i ca tio n.


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Page:United States Statutes at Large Volume 123.djvu/869

 123STA T .849PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 this h ead i ngw ith ou t r egard to the geogra p hi cl i m itations o f the heading under which such funds were originall y appropriated
 * Pro-vide

d fu r th er ,T hat funds made a v aila b le for the S outhern C aucasus region may be used for confidence - building measures and other activities in furtherance of the peaceful resolution of conflicts , including in N agorno- K arabagh .DEPARTM E N T OF STATE I NTERNATIONA L NAR C OTIC S CONTROL AN D LA W ENFORCEMENT F or necessary e x penses to carry out section 481 of the Foreign A ssistance Act of 1 96 1, $ 8 75, 0 00,000, to remain available until September 3 0, 2 010: Provided, That during fiscal year 2009, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restric- tions, to receive excess property from an agency of the U nited 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 further, 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 none of the funds appropriated under this heading for assistance for Afghanistan may be made available for eradication programs through the aerial spraying of herbicides unless the Secretary of State determines and reports to the Committees on Appropriations that the P resident of Afghanistan has re q uested assistance for such aerial spraying programs for counternarcotics or counterterrorism purposes: Pro- vided 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 of the funds appropriated under this heading, $5,000,000 should be made available to combat piracy of United States copy- righted materials, consistent with the requirements of section 688 ( a ) and (b) of the Department of State, Foreign O perations, and R elated Programs Appropriations Act, 2008 (division J of Public L aw 110 – 161): 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 of the funds appropriated under this heading for administrative expenses, ten percent shall be withheld from obligation until the Secretary of State submits a report to the Committees on Appropria- tions detailing all salaries funded under this heading in fiscal years 2007 and 2008, and such salaries proposed in fiscal year 2009. ANDEAN CO U NTERDRU G PROGRAMS For necessary expenses to carry out section 481 of the Foreign Assistance Act of 1961 to support counterdrug activities in the Andean region of South America, $315,000,000, to remain available until September 30, 2010: Provided, That the Secretary of State, Deadlin e .R e ports . Reports. C olo mb ia. Cons u ltation. Afgh anistan. Determination. Reports. Deadline. Reports. N otifi c ation.


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Page:United States Statutes at Large Volume 123.djvu/870

 123STA T .850PUBLIC LA W 111 – 8 —M A R .11, 200 9inco n sulta tion w it h th eAdm inist r ator o f the U nited S tates A g enc y for I nternational D e v elo p ment ( USAID ), shall provide to the C ommittees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial o b ligation 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 program, pro j ect, or activity
 * Provide

d fu r th er ,T hat section 4 82 (b) of the F oreign Assistance Act of 196 1 shall not apply to funds appropriated under this heading: Provided fur - ther, 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 notification procedures of the Committees on Appro- priations: Provided further, That funds appropriated under this heading that are made available for assistance for the B olivian military and police may be made available for such purposes only if the Secretary of State certifies to the Committees on Appropria- tions that the Bolivian military and police are respecting inter- nationally recogni z ed human rights and cooperating fully with investigations and prosecutions by civilian judicial authorities of military and police personnel who have been credibly alleged to have violated such rights: Provided further, That of the funds appro- priated under this heading, not more than $ 16, 730 ,000 may be available for administrative e x penses of the Department of State, and not more than $8,000,000 of the funds made available for alternative development / institution building programs under the heading ‘ ‘ E conomic Support Fund ’ ’ in this Act may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of USAID .NO N PR O LIFE R AT ION, ANTI-TERRORI SM , D EMININ G AND RELATED PROGRAMS For necessary expenses for nonproliferation, anti-terrorism, demining and related programs and activities, $525,000,000, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the F R EED OM Support Act, section 23 of the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining activities, the clearance of unexploded ordnance, the destruction of small arms, and related activities, notwithstanding any other provision of law, including activities implemented through nongovernmental and international organizations, and section 301 of the Foreign Assistance Act of 1961 for a voluntary contribution to the Inter- national Atomic Energy Agency (IAEA), and for a United States contribution to the Comprehensive N uclear Test Ban Treaty P re- paratory Commission: Provided, That of this amount not to exceed $41,000,000, 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 and disarmament: Pro- vided further, 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 appropriated under this heading may be made available for IAEA only if the Secretary of State determines (and so reports to the Det e rmina ti o n .R e p ort s . I srae l . B oli v ia. C erti f i c ation. Hu man ri gh ts. N otification.


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Page:United States Statutes at Large Volume 123.djvu/871

 123STA T .85 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9Congres s )tha t I srae li s not b eing d enied its right to p arti c ipate in the acti v ities o f that A genc y:Provide d fu r th er ,T hat of the f u nds appropriated under this heading, not m ore than $750 ,000 may be made available for public - private partnerships for conven- tional w eapons and mine action by grant, cooperative agreement or contract: Provided further, That of the funds made available for demining and related activities, not to e x ceed $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 available for ‘ ‘Anti-ter- rorism Assistance ’ ’and‘‘ E xport Control and B order S ecurity’’ shall remain available until September 3 0, 2 0 1 0 .MIGRAT I ON AN D R EFU GEE A S SISTAN C E F or necessary expenses, not otherwise provided for, to enable the Secretary of State to provide, as authori z ed by law, a contribu- tion to the International Committee of the R ed Cross, assistance to refugees, including contributions to the International O rganiza- tion for M igration and the U nited N ations H igh Commissioner for Refugees, and other activities to meet refugee and migration needs salaries and expenses of personnel and dependents as author- ized by the Foreign Service Act of 1 98 0; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $931,000,000, to remain available until expended, of which not less than $30,000,000 shall be made available for refugees resettling in Israel. UNITED STATES EMERGENC Y REFUGEE AND MIGRATION ASSISTANCE FUND For necessary expenses to carry out the provisions of section 2 ( c) of the Migration and Refugee Assistance Act of 19 6 2, as amended (22 U.S.C. 2601(c)), $ 4 0,000,000, 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 (75 Stat. 612), including the purchase of not to exceed five passenger motor vehicles for administrative purposes for use outside of the United States, $340,000,000 to remain available until September 30, 2010: Provided, That none of the funds appro- priated under this heading shall be used to pay for abortions: Provided further, 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 $4,000,000: 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 shall be made available for entertainment expenses: Provided further, That any Notif i ca tio n.Ab o r tion.


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Page:United States Statutes at Large Volume 123.djvu/872

 123STA T .85 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9decis i ont oo p en a ne w do m estic o f fice o r toc l ose , or si g nificantl y red u cet h e num b er of personnel of, any office, shall be sub j ect to the regular notification procedures of the C ommittees on A ppro - priations .MIL L EN NI U M CHA LLEN G EC ORP ORA T ION ( INCLU D ING TRAN SF ER OF FUNDS )F or necessary e x penses to carry out the pro v isions of the M illen- nium Challenge Act of 20 0 3, $875 ,000,000 to remain available until expended
 * 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 1 0 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 candidate countries for fiscal year 2009: Provided further, That none of the funds available to carry out section 616 of such Act may be made available until the Chief E xecutive O fficer of the Corporation provides a report to the Committees on Appropria- tions listing the candidate countries that will be receiving assistance under section 616 of such Act, the level of assistance proposed for each such country, a description of the proposed programs, projects and activities, and the implementing agency or agencies of the U nited S tates G overnment: 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 sec- tion 609 of the Millennium Challenge Act of 2003 only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government 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 with funds appropriated under this heading in assisting the Corporation in carrying out the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et se q .), including administra- tive costs for compact development, negotiation, and implementa- tion: Provided further, That of the funds appropriated under this heading, not to exceed $100,000 shall be available for representation and entertainment allowances, of which not to exceed $5,000 shall be available for entertainment allowances. INTER-AMERICAN FOUNDATION For necessary expenses to carry out the functions of the Inter- American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $22,500,000, to remain available until September 30, 2010: Provided, That of the funds appropriated under this heading, not to exceed $3,000 shall be available for entertainment and representation allowances. AFRICAN DE V ELOPMENT FOUNDATION For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980 ( P ublic L aw Ap p licab ili ty.Re p or t s.


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Page:United States Statutes at Large Volume 123.djvu/873

 123STA T .85 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 996–53 3 ),$ 3 2 ,5 0 0,000, toremain a v ai l a b le u ntil S e p tember 30, 20 1 0
 * Provide

d ,Th at f un ds made available to g rantees ma y be invested pending e x penditure for pro j e c t purposes w hen authori z ed by the B oard of D irectors of the F oundation: 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 A frican 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 C ommit- tees on Appropriations after each time such waiver authority is exercised . D EPARTM E N T OF T H E TREA SU R YI NTERNATIONA L AFFAIRS TE C HNICAL 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, 2011, which shall be available not- withstanding any other provision of law. D E B T RESTRUCTURIN G For the cost, as defined in section 502 of the Congressional Budget Act of 19 74, of modifying loans and loan guarantees, as the P resident may determine, for which funds have been appro- priated or otherwise made available for programs within the I nter- 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 I V 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, 19 8 9 (Public L aw 100–461), and of can- celing amounts owed, as a result of loans or guarantees made pursuant to the Export-Import Ban k Act of 1945, by countries that are eligible for debt reduction pursuant to title V of H .R. 3425 as enacted into law by section 1000(a)(5) of Public Law 106– 113, $60,000,000, to remain available until September 30, 2011: Provided, That 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 Foreign Assistance Act of 1961: Provided further, That amounts paid to the HIPC Trust Fund may be used only to fund debt reduction under the enhanced HIPC initiative by — (1) the Inter-American Development 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 government of such country is engaged Humanrights.Repo rts. W ai v er authorit y .


text:
Page:United States Statutes at Large Volume 123.djvu/874

 123STA T .854PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9inaco n s is te nt p atte r no fg ross v io l ations of internationall y recog - ni z e dhum an rights or in military or civil conflict that undermines its a b ility to develop and implement measures to alleviate poverty and to devote ade q uate human and financial resources to that end
 * Provide

d fu r th er ,T hat on the basis of final appropriations , the S ecretary of the Treasury shall consult w ith the C ommittees on A ppropriations concerning which countries and international financial institutions are e x pected to benefit from a U nited States contribution to the HIP C Trust F und 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 ma k e 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 D evelopment and Assistance Act of1 9 54 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 B urma unless the Secretary of the Treasury determines and notifies the Committees on Appropriations that a democratically elected government has taken office . TIT LE I V I N TE R NATI O NAL SECURIT Y ASSISTANCE F UNDS A P P RO PR IATE DTOT H E PRESIDENT PEA C E K EEPIN G OPERATIONS For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 19 6 1, $ 25 0 ,200,000: Provided, That of the funds made available under this heading, not less than $25,000,000 shall be made available for a United States con- tribution to the M ultinational Force and Observers mission in the Sinai: Provided further, That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. Notif i ca tio n.Sud an. B u rm a. De termination. Notification. Notification. Dead l ine. C on s ultation.


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Page:United States Statutes at Large Volume 123.djvu/875

 123STA T .85 5 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9INTER N A TI O NA LM ILITAR Y E DUC ATION AND TRAININ GFornec e s s a r y e xp enses t o carry o u tt h e pro vi sions o f section 541 of the Forei g n A ssistance Act of 1 96 1 ,$ 91, 0 00,000, of w hich up to $4,000,000 m ay remain avai l a b le until expen d ed and may only be provided through the regular notification procedures of the C ommittees on Appropriations
 * Provide

d ,T hat 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 fu r th er, That funds made available under this heading for assistance for H aiti, G uatemala, the D emo- cratic R epublic of the Congo, N igeria, S ri L an k a, Nepal, E thiopia, B angladesh, Libya, and Angola may only be provided through the regular notification procedures of the Committees on Appropriations and any such notification shall include a detailed description of proposed activities: Provided further, That of the funds appropriated under this heading, not to exceed $55,000 shall be available for entertainment allowances .F OREIGN MILITARY FINANCING P ROGRAM For necessary expenses for grants to enable the P resident to carry out the provisions of section 23 of the Arms Export Control Act, $4,635,000,000: Provided, That of the funds appropriated under this heading, not less than $2,3 8 0,000,000 shall be available for grants only for I srael, and not less than $1,300,000,000 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 by this paragraph 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 by this paragraph shall, as agreed by the U nited States and Israel, be available for advanced weapons systems, of which not less than $6 7 0,650,000 shall be available for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That of the funds appropriated by this paragraph, $235,000,000 shall be made available for assist- ance for J ordan: Provided further, That of the funds appropriated under this heading, not more than $53,000,000 shall be available for Colombia, of which $12,500,000 is available to support maritime interdiction: Provided further, That funds appropriated under this heading for assistance for Pakistan may be made available only for border security, counter-terrorism and law enforcement activities directed against Al Q aeda, the Taliban and associated terrorist groups: 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 Y ear 2006 ( Public Law 109 – 163 119 Stat. 3456 ) unless the Secretary of State has previously j ustified such program to the Committees on Appro- priations: Provided further, That funds appropriated or otherwise made available by this paragraph shall be nonrepayable notwith- standing any requirement in section 23 of the Arms Export Control Pakist a n.I s r a el. D ea d line. Fo rei g n c o u ntries. N oti f ication. Notification.


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Page:United States Statutes at Large Volume 123.djvu/876

 123STA T .856PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9Act:Provide d fu r th er ,Tha t fundsm ad e a v a il a b le unde r this p ara -g raph shall be o bligated upon apportionment in accordance w ith paragraph (5) ( C ) of title 31, U nited S tates Code, section 15 0 1(a) .N one 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 b y the United States G overnment under the Arms Ex port Control Act unless the foreign country proposing to ma k e 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 L anka, P akistan, B an- gladesh, Philippines, I ndonesia, Bosnia and H er z egovina, Haiti, Guatemala, Ethiopia, and the D emocratic 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, notwithstanding any other provision of law, for demining, the clearance of unexploded ordnance, and related activities, and may include activities imple- mented through nongovernmental and international organizations: Provided further, That only those countries for which assistance was j ustified for the ‘ ‘ F oreign M ilitary Sales Financing Program ’ ’ in the fiscal year 1 98 9 congressional presentation for security assist- ance 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 Govern- ment under the Arms Export Control Act: Provided further, That funds appropriated under this heading shall be expended at the minimum rate necessary to make timely payment for defense arti- cles and services: Provided further, That not more than $ 51, 42 0,000 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 United States, 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 Committees on Appropriations: Pro - vided further, That of the funds appropriated under this heading for general costs of administering military assistance and sales, not to exceed $4,000 shall be available for entertainment expenses and not to exceed $130,000 shall be available for representation allowances: Provided further, That not more than $470,000,000 of funds realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated for expenses incurred by the Depart- ment of Defense during fiscal year 2009 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: Provided further, That funds appropriated under this heading estimated to be outlayed for Egypt during fiscal year 2009 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New Y ork within 30 days of enactment of this Act. Egypt.Deadlin e. No ti f i c ation. Notification. F o r eign co u ntrie s . Notification. Notification.


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Page:United States Statutes at Large Volume 123.djvu/877

 123STA T .857PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9TI T LEVMU LTIL A TE R ALA S SISTA NC E FUNDS A P P RO PR IATE DTOT H E P RESIDENT INTERNATIONA L OR G ANI Z ATIONS AND PROGRA M S F ornec e s s a r y e xp enses t o carry o u tt h e pro vi sions o f section 301 of the Forei g n Assistance Act of 1 96 1, an d of section 2 of the United Nations Environ m ent Program Participation Act of 19 7 3, $ 3 5 2,500,000
 * Provide

d, That section 307 ( a ) of the Foreign Assist - ance Act of 1961 sha l l not apply to contri b utions to the United Nations D emocracy 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 0,000,000, to the International B an k 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, $1,115,000,000, to remain available until expended. CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT FUND For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, for the United States contribution to the fund, $25,000,000, 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 Development Fund, as authori z ed by the Asian Development Bank Act, as amended, $105,000,000, 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, $150,000,000, 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, $18,000,000, to remain available until expended.


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Page:United States Statutes at Large Volume 123.djvu/878

 123STA T .85 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9TI T LEV I E XPOR T AND INVE S T M ENT ASSISTAN C E E XPORT- I M PORT BANK O F T HEU N I TE D STATE S INSPE C TOR G ENERA LFornec e s s a r y e xp enses o fth e Off i ce of Inspector G enera l in carryin g o u t the pro v isions of the Inspector General Act of 1978, asa m en d ed, $2, 50 0,000, to remain availa b le until September 3 0, 2010 . PROGRAM ACCO U NT The Export-Import Ban k of the United States is authori z ed 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 to fiscal year limitations, as provided by section 10 4 of the Govern- ment Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation
 * Provide

d , That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commit- ments for the export of nuclear e q uipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation 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 Law 103 – 428, as amended, sections 1(a) and (b) of Public Law 103–428 shall remain in effect through October 1, 2009: Provided further, That not less than 10 percent of the aggregate loan, guarantee, and insurance authority available to the Export-Import Bank under this Act should be used for renew- able energy technologies or energy efficient end-use technologies. SU B SID Y APPROPRIATION For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $41,000,000: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such funds shall remain available until September 30, 2024, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2009, 2010, 2011, and 2012: Provided further, That none of the funds appropriated by this Act or any prior Acts appropriating funds for the Department 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. Notif i ca tio n.12USC635 not e .


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Page:United States Statutes at Large Volume 123.djvu/879

 123STA T .859PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 ADMIN I STR ATI VE E XP ENSES Foradmin i st rati ve e xp enses to c arr y o u tt h e direct and g uaran - teed l oan and insurance programs , including hire o f passenger motor vehicles and services as authori z ed b y 5U.S. C . 3109, and not to exceed $ 30,000 for official reception and representation expenses for members of the B oard of D irectors, not to exceed $ 8 1,500,000
 * Provide

d ,T hat the E xport- I mport Ban k may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection w ith any transaction for which an application for a loan, guarantee or insur- ance commitment has been made: Provided fu r th er, That notwith- standing subsection ( b ) of section 11 7 of the Export Enhancement A ct of 199 2, subsection (a) thereof shall remain in effect until O ctober 1, 2009. RE C EIPTS C OL LECTED R eceipts collected pursuant to the Export-Import Bank Act of 19 4 5, as amended, and the Federal Credit Reform Act of 1990, as amended, in an amount not to exceed the amount appropriated herein, shall be credited as offsetting collections to this account: Provided, That the sums herein appropriated from the G eneral Fund shall be reduced on a dollar-for-dollar basis by such offsetting collections so as to result in a final fiscal year appropriation from the General Fund estimated at $0: Provided further, That of amounts collected in fiscal year 2009 in excess of obligations, up to $75,000,000, shall become available on September 1, 2009 and shall remain available until September 30, 2012. OVERSEAS P RIVATE INVESTMENT CORPORATION NONCREDIT ACCO U NT The Overseas Private Investment Corporation is authorized to make, without 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 $50, 6 00,000: 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 1961, 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 1974: Provided further, That such sums shall be available for direct loan obligations and 12USC635anote.


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Page:United States Statutes at Large Volume 123.djvu/880

 123STA T .860PUBLIC LA W 111 – 8 —M A R .11, 200 9loangu a r an tyc o m m i tm e nt s incurre d or made during f iscal years 20 0 9, 20 1 0, and 2011
 * Provide

d fu r th er ,Th at funds so o b ligated in fiscal year 2009 remain a v ailable for disbursement through 201 7; funds obligated in fiscal year 2010 remain available for disburse - ment through 201 8 available for disbursement through 2019: Provided further, That not w ithstanding any other p rovision of law, the O verseas P rivate I nvestment C orporation is authori z ed to underta k e any program authorized by title I V of the F oreign A ssistance Act of 19 6 1in Ira q
 * and funds obligated in fiscal year 2011 remain
 * Provided further, That funds made available pursuant to

the authority of the previous proviso shall be sub j ect to the regular notification procedures of the Committees on Appropriations . In addition, such sums as may be necessary for administrative e x penses to carry out the credit program may be derived from amounts available for administrative expenses to carry out the credit and insurance programs in the Overseas Private Investment Corporation N oncredit Account and merged with said account. F UNDS A P P RO PR IATE DTOT H E PRESIDENT TRADE AND DE V E L OP M ENT A G EN CY For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $5 0,800,000, to remain available until S eptember 3 0, 2010. TIT LE VII G ENE R AL PROVISIONS ALLO W ANCES AND DI F FERENTIALS SEC. 7001. Funds appropriated under title I of this Act shall be available, except as otherwise provided, for allowances and dif- ferentials as authorized 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. 13 4 3 ( b ) . UNO B LIGATED BALANCES REPORT SEC. 7002. Any D epartment or Agency to which funds are appropriated or otherwise made available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative balances by program, project, 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. Contrac t s.N ot if ication.


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Page:United States Statutes at Large Volume 123.djvu/881

 123STA T .86 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9EMBAS S YCON S TRU CT I ON S EC .70 0 4 . (a)Of f undsprovi d e d under t it l e I oft h is Ac t , e x cept as provided in su b section (b), a pro j ect to construct a diplo -m atic facilit y of the U nited States may not include office space or other accommodations for an employee of a F ederal a g ency 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 re q uired by subsection (e) of section 6 04 of the Secure E mbassy C onstruction and Counterterrorism Act of 19 99 (as enacted into la w by section 1000(a)(7) of P ublic L aw 106-11 3 and contained in appendix G of that Act 113 Stat. 1 5 01A- 453), as amended by section 6 2 9 of the Departments of Commerce, J ustice, and State, the Judiciary, and R elated Agencies Appropria- tions Act, 2005. (b) N otwithstanding the prohibition in subsection (a), a project to construct a diplomatic facility of the United States may include office space or other accommodations for members of the United States M arine Corps. P ERSONNE L ACTIONS SEC. 7005. Any costs incurred by a department or agency funded under title I of this Act resulting from personnel actions ta k en 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 7015 of this Act and shall not be available for obligation or expenditure except in compliance with the proce- dures set forth in that section. CONSULAR A F FAIRS REFORM SEC. 7006. Not later than 60 days after the enactment of this Act the Secretary of State shall certify and report to the Committees on Appropriations that the Department of State is implementing recommendations contained in the Office of Inspector General audit ‘ ‘Review of Controls and Notification for Access to Passport Records in the Department of State ’ s Passport Information Electronic Records System (PIERS)’’ (AUD / IP – 0 8 –29), July 2008. PRO H IBITION A G AINST D IRECT FUNDING 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 K orea, 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 Export-Import B ank or its agents. MILITARY COUPS SEC. 7008. None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be Deadlin e .C e rt i f i c ati o n. R e p ort s .


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Page:United States Statutes at Large Volume 123.djvu/882

 123STA T .86 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9obligated o r e xp e n ded to f inan c e directl y any a s sistance to t h e go v ern m ent of any co u ntry w hose 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 A ppropriations 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 .TRANSFE RA U T HO R I T YS E C . 70 0 9 . ( a )D E P ART M ENT OF STATE AN DB ROADCASTIN G BOARD OF G O V ERNORS. —N ot 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 2 009, for programs under title V I 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)(1) L IMITATION ON TRANSFERS BET W EEN AGENCIES.—None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumen- tality 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 appropriated by this Act to carry out the purposes of the Foreign Assistance Act of 19 6 1 may be allocated or transferred to agencies of the United States Government pursuant to the provisions of sections 109, 610, and 6 3 2 of the Foreign Assistance Act of 1961. (d) TRANSFERS BETWEEN ACCOUNTS.—None 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 President provides notification in accordance with the Presid e nt.No ti f i ca tion. Notification. Notification. President. D eter m ination. C ertification.


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Page:United States Statutes at Large Volume 123.djvu/883

 123STA T .86 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9regula r notif i c ation p roce d ure s oft h e C o m mittees on A ppropria - tions .( e ) A UDITOFIN T ER -A G EN CYT R A N S FERS. — An y agreement for the transfer or allocation of funds appropriated b y this Act , or prior Acts, entered into bet w een the U nited S tates Agency for International D e v elopment and another agency of the United States G overnment under the authority of section 632 (a) of the F oreign Assistance Act of 19 61 or any comparable provision of law, shall e x pressly provide that the O ffice of the Inspector General for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds
 * Provide

d , 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. 70 10. The Secretary of State shall provide the Committees on Appropriations, not later than April 1, 2009, and for each fiscal q uarter, a report in writing on the uses of funds made available under the headings ‘ ‘Foreign M ilitary Financing P rogram ’ ’, ‘‘Inter- national Military E ducation and Training’’, and ‘‘Peace k eeping Operations’’: 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. N o 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 for an additional 4 years from the date on which the availability of such funds would otherwise have expired, if such funds are initially obligated before the expiration of their respective periods of availability contained in this Act: Provided fu r th er, That, 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 Foreign Assistance Act of 1961 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. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT SEC. 7012. No 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 United 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 President 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/884

 123STA T .864PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9det e rmin e s,fol lo w in gc ons u lt a tions wit h the C ommittees on Ap pro - priations, that assistance to such countr y is in the national interest of the U nited S tates .PROHIB I T IO N ONT AX ATION O FU NIT EDS TATES ASSISTAN C E SEC. 7013 . ( a )P ROHIBITION ON T AXATION. —N one of the funds appropriated under titles I II through V I of this Act may b e made a v ailable 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 e x empt 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 EI M BURSEMENT OF F OREI G N TAXES.—An amount equiva- lent to 2 00 percent of the total taxes assessed during fiscal year 200 9 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 2010 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 sub j ect 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.— (1) The provisions of this section shall not apply to any country or entity the Secretary of State determines— (A) does not assess taxes on United States assistance or which has an effective arrangement that is providing substantial 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 subject to taxation. (2) The Secretary of State shall consult with the Commit- tees on Appropriations at least 1 5 days prior to exercising the authority of this subsection with regard to any country or entity. (f) IMP L EMENTATION.—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) DEFINITIONS.—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 Regulations.


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Page:United States Statutes at Large Volume 123.djvu/885

 123STA T .865PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(2)the te rm‘ ‘ bila teral a g reeme n t ’ ’re f er s t o a frame w or k bilateral agreement between the G o v ernment of the U nite dS tates and the government of the c o u ntr y receiving assistance that describes the p rivileges 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 ta x purposes that will be accorded the United States assistance provided under that agreement .RES ER VATION SO F F U N D S SE C . 7014 . (a) F unds appropriated under titles I I through V I of this A ct 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, T hat any such reprogramming shall be sub j ect to the regular notification procedures of the C ommittees 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 D evelopment that are specifically designated for particular pro - grams or activities by this or any other Act shall be extended for an additional fiscal year if the Administrator of such agency determines and reports promptly to the Committees on Appropria- tions 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. (c) Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appro- priated or otherwise made available by any subse q uent Act unless such Act specifically so directs: Provided, That specifically des- ignated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act. RE P RO G RA M MING NOTIFICATION RE Q UIREMENTS SEC. 701 5 . (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 or expenditure in fiscal year 200 9, or provided from any accounts in the Treasury of the United 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, project, 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; Deadlin e s. De t e rm inati o n. R e p orts. N oti f i c ation.


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Page:United States Statutes at Large Volume 123.djvu/886

 123STA T .86 6 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(7)reo r ganiz e sp rogra m sora ct i v ities or( 8 ) contracts o u tor privatizes an yf unctions or activities present l y performe db y F ederal employees; unless t h e C ommittees on A ppropriations are notified 15 days in advance of such reprogramming of funds . (b) For the purposes of providing the e x ecutive branch w ith 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 20 0 9, or provided from any accounts in the T reasury of the U nited S tates 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 pro j ects through a reprogramming of funds in excess of $ 750,000 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 N arcotics Control and L aw E nforce- ment’’, ‘‘Andean Counterdrug Programs’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Peace k eeping Operations’’, ‘‘Capital Investment Fund’’, ‘‘Operating Expenses’’, ‘‘Office of Inspector General’’, ‘‘Nonprolifera- tion, Anti-terrorism, Demining and R elated Programs’’, ‘‘ M illennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military Education and Training’’, ‘‘Peace Corps’’, and ‘‘Migration and Refugee Assistance’’, shall be available for obligation for activities, programs, projects, type of materiel assist- ance, countries, or other operations not justified or in excess of the amount justified to the Committees on Appropriations for obliga- tion under any of these specific headings unless the Committees on Appropriations are previously notified 15 days in advance: Pro-vide 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 pre- viously justified to Congress or 20 percent in excess of the quantities justified to Congress unless the Committees on Appropriations are notified 15 days in advance of such commitment: Provided fu r th er, That this subsection shall not apply to any reprogramming for an activity, program, or project for which funds are appropriated under titles II through IV 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) Notwithstanding any other provision of law, funds trans- ferred by the Department of Defense to the Department of State and the United States Agency for International Development, and Audits.Pre side n t.


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Page:United States Statutes at Large Volume 123.djvu/887

 123STA T .867PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9fundsma d e a v a il a b lef orp ro g rams au th ori z edb y se c tion 1206 of the N ational D efense A uthorization Act for F iscal Y ear 2006 (P ublic L a w 10 9– 16 3), shall be sub j ect to the regular notification procedures of the C ommittees on Appropriations, and the agency receiving the transfer or allocation shall perform periodic program financial audits of the use of such funds and such funds may be made available for the cost of such audits . (e) T he re q uirements 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
 * Provide

d, That in case of any such waiver, notification to the Congress, or the appropriate congressional committees, 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 conte x t of the circumstances necessitating such waiver: Provided fu r th er, That any notification provided pursu - ant to such a waiver shall contain an explanation of the emergency circumstances. (f) None of the funds appropriated under titles I II through V I of this Act shall be obligated or expended for assistance for S erbia, Sudan, Z imbabwe, Pakistan, Dominican R epublic, Cuba, Iran, H aiti, Libya, E thiopia, Nepal, M exico, or Cambodia and coun- tries listed in section 7 0 45 (f)(4) of this Act except as provided through the regular notification procedures of the Committees on Appropriations. 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 Act of 1961, the Department of Defense shall notify the Committees on Appropriations to the same extent and under the same conditions as other committees pursuant to subsection (f) of that section: Provided , That before issuing a letter of offer to sell excess defense articles under the Arms Export Control Act, the Department of Defense shall notify the Committees on Appropriations in accord- ance with the regular notification procedures of such Committees if such defense articles are significant military equipment (as defined in section 47(9) of the Arms Export Control Act) or are valued (in terms of original acquisition cost) at $ 7,000,000 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 further, That such Committees shall also be informed of the original acquisition cost of such defense articles. L IMITATION ON A V AILA B ILIT Y OF FUNDS FO R INTERNATIONAL OR G ANI Z ATIONS AND PROGRAMS SEC. 7017. Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles III through VI of this Act or any previously enacted Act making appropriations for the Department of State, foreign operations, and related programs, which are returned or not made available for Notif i ca tio n.F o re i g n co u ntrie s . Expl anation. W ai v er aut h orit y .


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Page:United States Statutes at Large Volume 123.djvu/888

 123STA T .86 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9organiz a t ion s an dp rogra m s bec a u seo f t h e imp l ementation of sec - tion 307( a ) of the F oreign A ssistance Act of 196 1, shall remain a v ailable for obligation until S eptember 30, 2 010 .PROHIB I T IO N ON FU N D IN G FOR A BORTION S AND IN V O L UNTAR Y ST E RILI Z ATION SE C . 701 8 . N one of the funds made available to carr y 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 w hich 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 ore x pended 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 explanatory statement described in section 4 (in the matter pre- ceding division A of this consolidated Act)

‘ E ducational and C ultural Exchange Programs ’ ’. ‘‘International Fisheries Commissions’’. ‘‘International B roadcasting O perations’’. ‘‘ G lobal H ealth and Child Survival’’. ‘‘ D evelopment Assistance’’. ‘‘Economic Support Fund’’. ‘‘Assistance for Europe, Eurasia and Central Asia’’. ‘‘Andean Counterdrug Programs’’. ‘‘Nonproliferation, Anti-terrorism, Demining and R elated Programs’’. ‘‘Foreign M ilitary Financing Program’’. ‘‘International Organizations and Programs’’. (b) For the purposes of implementing this section and only with respect to the tables included in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), the Secretary of State, Administrator of the U nited States Agency for International Development and the Broad- casting Board of Governors, as appropriate, may propose deviations to the amounts referenced in subsection (a), sub j ect to the regular notification procedures of the Committees on Appropriations and section 634A of the Foreign Assistance Act of 1961. (c) T he re q uirements contained in subsection (a) shall apply to the table under the headings ‘‘Bilateral Economic Assistance’’ and ‘‘General Provisions’’ in such explanatory statement. Notif i ca tio n.Pres i d ent. C ertification.


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Page:United States Statutes at Large Volume 123.djvu/889

 123STA T .869PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 PROHIB I T IO N O F P AYME NT OF C ERTAIN E X PEN S ES S EC .702 0. None o fth ef u n dsap p r opr i ated or other w ise m ade a v ai l a b leb y this Ac t under the headin g s ‘ ‘ I nternational M ilitary E ducation and T raining ’ ’or‘‘ F oreign Military Financing P rogram’’ for Informational Program activities or under the headings ‘‘ G lobal H ealth and C hild Survival’’ , ‘‘ D evelopment Assistance’’, and ‘‘Eco - nomic Support Fund’’ may be obligated or e x pended 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 par k s. 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 e q uipment 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. The prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases to provide such military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after O ctober 1, 1997. (b) Assistance restricted by subsection (a) or any other similar provision of law, may be furnished if the President determines that furnishing such assistance is important to the national interests of the U nited States. (c) W henever the President makes a determination pursuant to subsection (b), the President shall submit to the appropriate congressional committees a report with respect to the furnishing of such assistance. Any such report shall include a detailed expla- nation of the assistance to be provided, including the estimated dollar amount of such assistance, and an explanation of how the assistance furthers United States national interests. PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES SEC. 7022. (a) Funds appropriated for bilateral assistance under any heading in titles III through VI of this Act and funds appro- priated under any such heading in a provision of law enacted prior to the enactment 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) The President may waive the application of subsection (a) to a country if the President determines that national security or humanitarian reasons justify such waiver. The President shall publish each waiver in the Federal R egister and, at least 1 5 days before the waiver takes effect, shall notify the Committees on Appro- priations of the waiver (including the justification for the waiver) Waiver a utho rit y.D eter m i n ation. F e d era lR e g i s ter ,p u b li c ation. Deadline. N oti f ication. P resident. Determination. Reports. Determination. A pplicability. T ermination date. President.


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Page:United States Statutes at Large Volume 123.djvu/890

 123STA T .870PUBLIC LA W 111 – 8 —M A R .11, 200 9inac c ord anc ew i th the re gul ar noti f ication p rocedure s of the C o m mittees on A ppropriations .AUTHORIZ ATIO N R EQ UIRE M ENT SS E C . 7023 . F unds appropriated by this Act , e x cept funds appro - priated under the heading ‘ ‘ T rade and D e v elopment Agency ’ ’, may be obligated and expended notwithstanding section 1 0of P ublic L aw 9 1- 6 72, section 1 5 of the State Department B asic Authorities Act of 1956, section 313 of the Foreign R elations 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 P RO G RAM, PRO J ECT, AND ACTI V IT Y SEC. 7024. For the purpose of titles I I through V I of this Act ‘‘program, pro j ect, 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 Congress; or (2) allocated by the executive branch in accordance with a report, to be provided to the Committees on Appropriations within 30 days of the enactment of this Act, as re q uired by section 653(a) of the Foreign Assistance Act of 1961. AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN DEVE L OPMENT FOUNDATION SEC. 7025. Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or ma k ing appropriations for the Department of State, foreign operations, and related programs, shall not be con- strued to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act. The agency shall promptly report to the Committees on Appropriations whenever it is conducting activities or is proposing to conduct activities in a country for which assistance is prohibited. COMMERCE, TRADE AND SURPLUS COMMODITIES SEC. 7026. (a) None of the funds appropriated or made available pursuant to titles III through VI of this Act for direct assistance and none of the funds otherwise made available to the Export- Import Bank and the O verseas Private Investment Corporation shall be obligated or expended to finance any loan, any assistance or any other financial commitments for establishing or expanding production of any commodity for export by any country other than the United States, if the commodity is likely to be in surplus on world markets at the time the resulting productive capacity is expected to become operative and if the assistance will cause Reports. Reports. D e adlin e.


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Page:United States Statutes at Large Volume 123.djvu/891

 123STA T .87 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9sub s tan t i a l in j u ry t oU nit edS tates p rodu c ers o f t h esa m e , similar, or competin g commodity
 * Provide

d, T hat such prohibition shall not apply to the Ex port -I mport B an k if in the judgment of its Board of D irectors the benefits to industry and employment in the United States are likely to out w eigh the injury to United States producers of the same, similar, or competing commodity, and the C hairman of the Board so notifies the Committees on A ppropriations .( b )N one of the funds appropriated by this or any other Act to carry out chapter 1 ofpartIofthe F oreign Assistance Act of1 96 1shallbea v ailable for any testing or breeding feasibility study, variety improvement or introduction, consultancy, publica- tion, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States: Provided, That this subsection shall not prohibit — (1) activities designed to increase food security in devel- oping countries where such activities will not have a significant impact on the export of agricultural commodities of the United States or ( 2 ) research activities intended primarily to benefit Amer- ican producers. (c) The Secretary of the Treasury shall instruct the United States Executive Directors of the International Bank for R econstruc- tion and Development, the International Development Association, the International Finance Corporation, the Inter-American Develop- ment Bank, the International M onetary Fund, the Asian Develop- ment Bank, the Inter-American Investment Corporation, the North American Development Bank, the European Bank for Reconstruc- tion and Development, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to titles III through V I of this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. SEPAR A T EA C C OUN TS SEC. 70 27. (a) SEPARATE ACCOUNTS F OR L OCA L CURRENC I ES.— (1) If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part I or chapter 4 of part II of the Foreign Assistance Act of 1961 under agreements which result in the generation of local currencies of that country, the Administrator of the United States Agency for International Development shall— (A) re q uire that local currencies be deposited in a separate account established by that government; (B) enter into an agreement with that government which sets forth— (i) the amount of the local currencies to be gen- erated; and (ii) the terms and conditions under which the cur- rencies so deposited may be utili z ed, consistent with this section; and 2 2 USC 2 36 2 note. 22 USC 262 h note.


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Page:United States Statutes at Large Volume 123.djvu/892

 123STA T .87 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(C)establi s h b y a gr ee m e n t w ith that g ov ernment the res p onsibilities o f the U nite dS tates A gen c y for I nter - national D evelopment and that government to monitor and acco u nt for deposits into and disbursements from the sepa- rate account . ( 2 )U SE S OFL O CA LC UR RE N C I ES. — As may be agreed upon with the foreign government , local currencies deposited in a separate account pursuant to subsection (a), or an e q uivalent amount of local currencies, shall be used only— (A) to carry out chapter 1 or1 0 of part I or chapter 4 of part II (as the case may be), for such purposes as— (i) pro j ect and sector assistance activities or (ii) debt and deficit financing; or ( B ) for the administrative requirements of the United States G overnment. ( 3 ) P RO G RA M MING ACCOUN T A B ILIT Y .— T he United States Agency for International Development shall ta k e all necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the separate account established pursuant to subsection (a)(1) are used for the purposes agreed upon pursuant to subsection (a)(2). (4) TERMINATION OF ASSISTANCE P ROGRAMS.—Upon termi- nation of assistance to a country under chapter 1 or 10 of part I or chapter 4 of part II (as the case may be), any unencumbered balances of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes as may be agreed to by the government of that country and the United States Government. ( 5 ) R EPORTING RE Q UIREMENT.—The Administrator of the United States Agency for International Development shall report on an annual basis as part of the justification documents submitted to the Committees on Appropriations on the use of local currencies for the administrative requirements of the United States Government as authori z ed in subsection (a)(2)(B), and such report shall include the amount of local currency (and United States dollar equivalent) used and / or to be used for such purpose in each applicable country. (b) SEPARATE ACCOUNTS FOR CAS H TRANSFERS.— (1) If assistance is made available to the government of a foreign country, under chapter 1 or 10 of part I or chapter 4ofpartIIofthe F oreign Assistance Act of 1 96 1, as cash transfer assistance or as nonproject sector assistance, that country shall be required to maintain such funds in a separate account and not commingle them with any other funds. (2) APPLICABILITY OF OTHER PRO V ISIONS OF LA W .—Such funds may be obligated and e x pended notwithstanding provi- sions of law which are inconsistent with the nature of this assistance including provisions which are referenced in the J oint E xplanatory Statement of the Committee of Conference accompanying H ouse Joint Resolution 64 8 (House Report N o. 98 – 1159). (3) NOTIFICATION.—At least 15 days prior to obligating any such cash transfer or nonproject sector assistance, the President shall submit a notification through the regular notification procedures of the Committees on Appropriations, which shall include a detailed description of how the funds proposed to be made available will be used, with a discussion Deadlin e .Pr e s iden t .