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Page:United States Statutes at Large Volume 123.djvu/893

 123STA T .87 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9oftheUni te dS t a te s inte r ests that w i l l b e ser v edb y the assist - an c e ( incl u din g, asa p propriate, a description of the econo m ic policy reforms that will be promoted by such assistance ). ( 4 ) EXEMPTION . —N onpro j ect sector assistance funds may bee x empt from the re q uirements of subsection (b)( 1 ) only through the notification procedures of the C ommittees on A ppropriations. E L I G I B ILIT YF O RAS SISTAN C E SEC. 7028 . (a) ASSISTANCE TH RO U GH NONGO V ERNMENTAL O RGANI Z ATIONS.— R estrictions contained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance in support of programs of nongovernmental organi z ations from funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4ofpartIIofthe F oreign Assistance Act of 1 96 1, and from funds appropriated under the heading ‘ ‘Assistance for Europe, Eurasia and Central Asia ’ ’
 * Provide

d , That before using the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations, the P resident shall notify the Committees on Appropriations under the regular notification proce- dures of those committees, including a description of the program to be assisted, the assistance to be provided, and the reasons for furnishing such assistance: Provided fu r th er, That nothing in this subsection shall be construed to alter any existing statutory prohibitions against abortion or involuntary sterilizations contained in this or any other Act. (b) PUBLIC L A W 480.— D uring fiscal year 2009, restrictions con- tained in this or any other Act with respect to assistance for a country shall not be construed to restrict assistance under the Agricultural Trade Development and Assistance Act of 19 5 4: Pro - vided, That none of the funds appropriated to carry out title I of such Act and made available pursuant to this subsection may be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations. (c) EXCEPTION.—This section shall not apply— (1) with respect to section 620A of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to countries that support international terrorism or (2) with respect to section 116 of the Foreign Assistance Act of 1961 or any comparable provision of law prohibiting assistance to the government of a country that violates inter- nationally recognized human rights. IMPACT ON J OBS IN THE UNITE D STATES SEC. 7029. None of the funds appropriated under titles III through V I of this Act may be obligated or expended to provide— (1) any financial incentive to a business enterprise cur- rently located in the United States for the purpose of inducing such an enterprise to relocate outside the United States if such incentive or inducement is li k ely to reduce the number of employees of such business enterprise in the United States because United States production is being replaced by such enterprise outside the United States; or Aborti o n.S t e ri l i za tion. P re s i d ent. N oti f i c ation.


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Page:United States Statutes at Large Volume 123.djvu/894

 123STA T .874PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(2)as s i s t a ncefor an yp ro g ra m, pro j ect, or acti v ity t h at contri bu tes to the vio l ation of internationally recogni z e dw or k ers rights, as defined in section 507 ( 4 ) of the T rade A ct of 19 74, of workers in the recipient country, including any designated zone or area in that country
 * Provide

d, That the application of section 507(4)( D )and( E ) of such Act should be commensurate with the level of development of the recipient country and sector, and shall not preclude assistance for the informal sector in such country, micro and small - scale enter- prise, and smallholder agriculture .INTER N A TI O NA LF INAN C IAL IN S TIT U TIONS S EC. 70 3 0. (a) N one of the funds appropriated in title V of this Act may be made as payment to any international financial institution while the U nited States E x ecutive Director to such institution is compensated by the institution at a rate which, together with whatever compensation such Director receives from the United States, is in excess of the rate provided for an individual occupying a position at level I V of the Executive Schedule under section 5315 of title 5, United States C ode, or while any alternate United States Director to such institution is compensated by the institution at a rate in excess of the rate provided for an individual occupying a position at level V of the Executive Schedule under section 531 6 of title 5, United States Code. (b) The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to oppose any loan, grant, strategy or policy of these institutions that would re q uire user fees or service charges on poor people for primary education or primary healthcare, including prevention, care and treatment for H IV / AIDS, malaria, tuberculosis, and infant, child, and maternal well-being, in connection with the institutions ’ financing programs. (c) The Secretary of the Treasury shall instruct the United States Executive Director at the International M onetary F und to use the voice and vote of the United States to oppose any loan, project, agreement, memorandum, instrument, or other program of the International Monetary Fund that would not exempt increased government spending on health care or education from national budget caps or restraints, hiring or wage bill ceilings or other limits imposed by the International Monetary Fund in Heavily Indebted P oor Countries. (d) For purposes of this section ‘ ‘international financial institu- tions’’ are the International B ank for R econstruction and Develop- ment, the Inter-American Development Bank, the Asian Develop- ment Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the International Monetary Fund, the North American Development Bank, and the European Bank for Reconstruction and Development. D E B T-FOR-DE V ELO PM ENT SEC. 7031. In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt- for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance Notif i ca tio n.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 123.djvu/895

 123STA T .875PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9provide d un der t it l e I IIo f t h i sAc t a nd , su bj ect to the re g ular notification procedures of the C o m mittees on Appropriations, an y interest earned on such investment shall be used for the purpose for w hich the assistance was provided to that organi z ation .AUTHORI T Y TO ENG AGE IN D E B T BUYBA CKS OR SA L ES S EC. 7032 . ( a )L OANS E LIGIBLE F OR SALE, R EDUCTION, OR CAN - CELLATION. — ( 1 ) AUTHORITY TO SELL, REDUCE, OR CANCEL CERTAIN LOANS.— N otwithstanding any other provision of law, the P resi- dent may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before J anuary 1, 1 9 9 5, pursuant to the F oreign Assistance Act of 19 6 1, to the government of any eligible country as defined in section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, only for the purpose of facilitating— (A) debt-for-e q uity swaps, debt-for-development swaps, or debt-for-nature swaps or ( B ) a debt buybac k by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than 4 0 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt, to support activities that link conservation and sustainable use of natural resources with local community development, and child survival and other child develop- ment, in a manner consistent with sections 707 through 710 of the Foreign Assistance Act of 1961, if the sale, reduction, or cancellation would not contravene any term or condition of any prior agreement relating to such loan. (2) T ER M S AND CONDITIONS.—Notwithstanding any other provision of law, the President shall, in accordance with this section, establish the terms and conditions under which loans may be sold, reduced, or canceled pursuant to this section. (3) ADMINISTRATION.—The Facility, as defined in section 702( 8 ) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for admin- istering part I of the Foreign Assistance Act of 1961 of pur- chasers that the President has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section. Such agency shall make adjustment in its accounts to reflect the sale, reduc- tion, or cancellation. (4) LIMITATION.—The authorities of this subsection shall be available only to the e x tent that appropriations for the cost of the modification, as defined in section 502 of the Congressional Budget Act of 1974, are made in advance. (b) D E P OSIT OF PROCEEDS.—The proceeds from the sale, reduc- tion, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the U nited States G overnment account or accounts established for the repayment of such loan. (c) ELIGIBLE PURCHASERS.—A loan may be sold pursuant to subsection (a)(1)(A) only to a purchaser who presents plans satisfac- tory to the President for using the loan for the purpose of engaging Notif i ca tio n.Pres i d ent.


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Page:United States Statutes at Large Volume 123.djvu/896

 123STA T .876PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9indebt-for -e qu it yswap s , debt-for-de v e l op m ent swaps, or debt-for- nature swaps .( d )DEBTORC O NSUL T A T I ONS. —B efore t h e sale to any eli g ible pur c haser, or any reduction or cancellation pursuant to this section, of any loan made to an eligible country, the P resident should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps. (e) AV AILABILIT Y O FF UN D S.— T he authority provided by sub- section (a) may be used only with regard to funds appropriated by this Act under the heading ‘ ‘Debt R estructuring ’ ’. S P E C IAL DEBT RELIEF FOR T H E POOREST S EC. 703 3. (a) AUTHORITY TO REDUCE DEBT.—The President may reduce amounts owed to the U nited States (or any agency of the United States) by an eligible country as a result of— ( 1 ) guarantees issued under sections 2 21 and 222 of the Foreign Assistance Act of 1 96 1 (2) credits e x tended or guarantees issued under the Arms E xport Control Act; or (3) any obligation or portion of such obligation, to pay for purchases of United States agricultural commodities guaran- teed by the Commodity Credit Corporation under export credit guarantee programs authori z ed pursuant to section 5 (f) of the Commodity Credit Corporation Charter Act of J une 29, 19 48, as amended, section 4(b) of the Food for Peace Act of 1966, as amended (Public L aw 89 – 808), or section 202 of the Agricul- tural Trade Act of 1978, as amended (Public Law 95–501). (b) LI M ITATIONS.— (1) The authority provided by subsection (a) may be exer- cised only to implement multilateral official debt relief and referendum agreements, commonly referred to as ‘‘Paris Club Agreed M inutes’’. (2) The authority provided by subsection (a) may be exer- cised only in such amounts or to such extent as is provided in advance by appropriations Acts. (3) The authority provided by subsection (a) may be exer- cised only with respect to countries with heavy debt burdens that are eligible to borrow from the I nternational Development Association, but not from the International Ban k for Reconstruction and Development, commonly referred to as ‘‘IDA-only’’ countries. (c) CONDITIONS.—The authority provided by subsection (a) may be exercised only with respect to a country whose government— (1) does not have an excessive level of military expendi- tures; (2) has not repeatedly provided support for acts of inter- national terrorism; (3) is not failing to cooperate on international narcotics control matters; (4) (including its military or other security forces) does not engage in a consistent pattern of gross violations of inter- nationally recognized human rights; and (5) is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Y ears 1994 and 1995.


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Page:United States Statutes at Large Volume 123.djvu/897

 123STA T .87 7 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(d)AVAIL A B ILI TYOFFUNDS.—Theaut h ori t yp ro v ided b y s ub - se c tio n (a) m ay be used on l y w ith re g ard to the f unds appropriated by this Act under the heading ‘ ‘ D ebt R estructuring ’ ’. (e) CER TAIN P RO H IBITIONS I NA P PLI C ABLE.—A reduction of debt pursuant to subsection (a) shall not be considered assistance for the purposes of any provision of law limiting assistance to a country. The authority provided by subsection (a) may be e x ercised notwith- standing section 620 (r) of the Foreign Assistance Act of 19 61 or section 3 21 of the International Development and Food Assistance Act of 19 75 . SPECIAL AUTHORITIES S EC. 703 4 . (a) AF G HANISTAN , IRA Q ,PA K ISTAN, L EBANON, M ON- TENEGRO, V ICTI M SOF W AR, DISPLACED CHILDREN, AND DISPLACED B URMESE.—Funds appropriated under titles III through VI of this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assist- ance Act of 1961, and funds appropriated in titles III and VI of this Act that are made available for Ira q , Lebanon, Montenegro, Pa k istan, and for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, sub j ect to the regular notification procedures of the Committees on Appro- priations, to combat such trafficking, may be made available not- withstanding any other provision of law. (b)(1) WAIVER.—The President may waive the provisions of section 1003 of Public Law 100 – 204 if the President determines and certifies in writing to the Speaker of the H ouse of Representa- tives and the President pro tempore of the Senate that it is impor- tant to the national security interests of the U nited States. (2) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant to paragraph (1) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (c) SMALL BUSINESS.—In entering into multiple award indefi- nite-quantity contracts with funds appropriated by this Act, the United States Agency for International Development may provide an exception to the fair opportunity process for placing task orders under such contracts when the order is placed with any category of small or small disadvantaged business. (d) VIETNAMESE REFUGEES.—Section 594(a) of the Foreign O perations, E xport Financing, and Related Programs Appropria- tions Act, 2005 (enacted as division D of Public Law 10 8 –447 118 Stat. 3038) is amended by striking ‘‘2009’’ and inserting ‘‘2010’’. (e) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under section 660(b)(6) of the Foreign Assistance Act of 1961, support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other sub-national entity emerging from instability, as well as a nation emerging from insta- bility. (f) INTERNATIONAL PRISON CONDITIONS.—Funds appropriated by this Act to carry out the provisions of chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the Support for East European Democracy (SEED) Act of 1989, shall be made available for assistance to address inhumane conditions in prisons and other detention facilities Presid e nt.D eter m in a ti o n. C erti f i c ation. N otification.


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Page:United States Statutes at Large Volume 123.djvu/898

 123STA T .87 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9admin i ster ed byfo rei g ngo v ernments t h at the S e c retary of State determines are ma k ing efforts to address , among other things, p risoners ’ hea l th, sanitation, n u trition and other basic needs
 * Pro-vide

d ,T hat the Secretary of State shall designate a D eputy A ssist - ant Secretary of State in the B ureau of Democracy, H uman R ights and L abor to have primary responsibility for diplomatic efforts related to international prison conditions .( g )EXTENSIO NO F A U T H O R IT Y . — The F oreign O perations, E x port Financing, and Related P rograms Appropriations Act, 19 9 0 (Public La w 101 – 1 67 ) is amended— (1) in section 5 99D ( 8U .S. C . 1157 note)— (A) in subsection (b)( 3 ), by striking ‘ ‘and 2 008’’ and inserting ‘‘2008, and 2009’’ and (B) in subsection (e), by striking ‘‘2008’’ each place it appears and inserting ‘‘2009’’; and (2) in section 599E (8 U.S.C. 1255 note) in subsection (b)(2), by striking ‘‘2008’’ and inserting ‘‘2009’’. (h) W OR LD FOOD PRO G R AM .—Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance of the United States Agency for I nternational Development, from this or any other Act, not less than $ 10,000,000 shall be made available as a general contribution to the World Food Program, notwith- standing any other provision of law. (i) LI B RARY OF CONGRESS.— N otwithstanding any other provi- sion of law, of the funds appropriated under the heading ‘‘Embassy Security, Construction, and M aintenance’’, not less than $2,000,000 shall be made available for the Capital Security Cost-Sharing fees of the Library of Congress. ( j ) DISARMAMENT, DEMOBILI Z ATION AND REINTEGRATION.—Not- withstanding any other provision of law, regulation or Executive order, funds appropriated by this Act and prior Acts making appro- priations for the Department of State, foreign operations, and related programs under the headings ‘‘Economic Support Fund’’, ‘‘Peacekeeping Operations’’, ‘‘International Disaster Assistance’’, and ‘‘Transition Initiatives’’ should be made available to support pro- grams to disarm, demobili z e, and reintegrate into civilian society former members of foreign terrorist organizations: Provided, That the Secretary of State shall consult with the Committees on Appro- priations prior to the obligation of funds pursuant to this subsection: Provided fu r th er, That for the purposes of this subsection the term ‘‘foreign terrorist organization’’ means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act. (k) NONGO V ERNMENTAL ORGANIZATIONS.—With respect to the provision of assistance for democracy, human rights and governance activities, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the government of any foreign country. (l) PROGRAM FOR RESEAR C H AND TRAINING ON EASTERN EURO P E AND THE INDEPENDENT STATES OF THE FORMER SOVIET UNION.— Of the funds appropriated by this Act under the heading, ‘‘Economic Support Fund’’, not less than $5,000,000 shall be made available to carry out the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union (title V III) as authorized by the Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C. 4 501-4508, as amended). Defin i t i o n .C on sul t a tion. Desi g nation.


text: Dictionary of National Biography, 1885-1900/Montgomerie, Alexander (1660?-1729)


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Page:United States Statutes at Large Volume 123.djvu/899

 123STA T .879PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 (m)AUTHORI T Y.—Fundsap p ro pr i a te dorot h er w ise made a v ai l- a b leb y title I IIo f the D epartment of S tate , Forei g n O perations, and R elated P rograms Appropriations A c t, 20 0 8 (division J of Public L aw 1 10 – 1 6 1) under the heading ‘ ‘ E conomic Support Fund ’ ’ that are available for a competitively awarded grant for nuclear security initiatives relating to N orth K orea shall be made available notwith- standing any other provision of law. (n) M I D D LE E AS T FOU N DATION.—Funds appropriated by this Act and prior Acts for a Middle East Foundation shall be sub j ect to the regular notification procedures of the C ommittees on Appro- priations. (o) G LO B AL FOOD SE C URITY.—Notwithstanding any other provi- sion of law, to include minimum funding re q uirements or funding directives, funds made available under the headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ in this Act and prior Acts ma k ing appropriations for the Department of State, foreign operations, and related programs may be made available to address critical food shortages, subject to prior consultation with, and the regular notification procedures of, the Committees on Appropria- tions. ARAB LEA G UE BOYCOTT O F ISRAEL SEC. 7 0 35 . It is the sense of the Congress that— (1) the Arab League boycott of Israel, and the secondary boycott of American firms that have commercial ties with Israel, is an impediment to peace in the region and to U nited States investment and trade in the Middle East and North Africa (2) the Arab League boycott, which was regrettably reinstated in 1 9 97, should be immediately and publicly termi- nated, and the Central Office for the B oycott of Israel imme- diately disbanded; (3) all Arab League states should normali z e relations with their neighbor Israel; ( 4 ) the President and the Secretary of State should continue to vigorously oppose the Arab League boycott of Israel and find concrete steps to demonstrate that opposition by, for e x ample, taking into consideration the participation of any recipient country in the boycott when determining to sell weapons to said country; and (5) the President should report to Congress annually on specific steps being taken by the United States to encourage Arab League states to normalize their relations with Israel to bring about the termination of the Arab League boycott of Israel, including those to encourage allies and trading part- ners of the United States to enact laws prohibiting businesses from complying with the boycott and penalizing businesses that do comply. P ALESTINIAN STATEHOOD SEC. 7036. (a) LI M ITATION ON ASSISTANCE.—None of the funds appropriated under titles III through V I of this Act may be provided to support a Palestinian state unless the Secretary of State deter- mines and certifies to the appropriate congressional committees that— (1) the governing entity of a new Palestinian state— Det e rmina ti o n .C erti f i c ation. N otification. Notification. G rant s . N u c l ear securit y . Nort hK orea.


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Page:United States Statutes at Large Volume 123.djvu/900

 123STA T .8 8 0PUBLIC LA W 111 – 8 —M A R .11, 200 9(A)hasdemon s tr ated a fi rm c ommitment to p eacef ul co - e x istence w ith the S tate of I srael ( B )ista k in g appropriate measures to counter terrorism and terrorist financing in the W est Bank and G a z a , including the dismantling of terrorist infrastructures, and is cooperating with appropriate Israeli and other appro- priate securit y organizations; and ( 2 ) the P alestinian Authority (or the go v erning entity of a new Palestinian state) is working with other countries in the region to vigorously pursue efforts to esta b lish a j ust, lasting, and comprehensive peace in the M iddle E ast that will enable Israel and an independent Palestinian state to exist within the context of full and normal relationships, which should include — (A) termination of all claims or states of belligerency; (B) respect for and acknowledgement of the sov- ereignty, territorial integrity, and political independence of every state in the area through measures including the establishment of demilitarized zones; ( C ) their right to live in peace within secure and recog- nized boundaries free from threats or acts of force; ( D ) freedom of navigation through international water- ways in the area; and (E) a framework for achieving a just settlement of the refugee problem . (b) S ENS E OF CON GR ESS.—It is the sense of Congress that the governing entity should enact a constitution assuring the rule of law, an independent judiciary, and respect for human rights for its citizens, and should enact other laws and regulations assuring transparent and accountable governance. (c) W AIV ER.— T he President may waive subsection (a) if he determines that it is important to the national security interests of the U nited States to do so. (d) E X E MPT ION.—The restriction in subsection (a) shall not apply to assistance intended to help reform the Palestinian Authority and affiliated institutions, or the governing entity, in order to help meet the re q uirements of subsection (a), consistent with the provisions of section 704 0ofthisAct( ‘ ‘ L imitation on Assistance to the Palestinian Authority ’ ’). RESTRI C TIONS CONCERNING T H EPA L ESTINIAN A U THORIT Y SEC. 70 3 7. N one of the funds appropriated under titles II through V I of this Act may be obligated or expended to create in any part of J erusalem a new office of any department or agency of the United States Government for the purpose of conducting official United States Government business with the Palestinian Authority over Gaza and Jericho or any successor Palestinian gov- erning entity provided for in the Israel-PL O Declaration of Prin- ciples
 * Provide

d, That this restriction shall not apply to the acquisi- tion of additional space for the existing Consulate General in Jeru- salem: Provided fu r th er, That meetings between officers and employees of the United States and officials of the Palestinian Authority, or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles, for the purpose of conducting official United States Government business with such authority should continue to take place in locations other than Jerusalem. As has been true in the past, officers and employees Presid e nt.


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Page:United States Statutes at Large Volume 123.djvu/901

 123STA T .8 81 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9oftheUni te dS t a te sG o v e r n m ent ma yc ontin u etomeetin J eru - sa l em on other su bj ects w ith P alestinians ( includin g those who now occu p y positions in the Palestinian A uthority ), have social contacts, and have incidental discussions .PROHIB I T IO N ON AS SISTAN CE TO THE PA L ESTINIAN BROA D CASTIN G CORPORATION SEC. 7038 . N one of the funds appropriated or otherwise made available by this Act may be used to provide e q uipment, technical support, consulting services, or any other form of assistance to the Palestinian B roadcasting C orporation. ASSISTANCE F OR THE W EST BAN K AND GA Z A SEC. 703 9 . (a) OV ERSIGHT. —F or fiscal year 2 009, 30 days prior to the initial obligation of funds for the bilateral W est Ban k and Ga z a Program, the Secretary of State shall certify to the Commit- tees on Appropriations that procedures have been established to assure the Comptroller General of the United States will have access to appropriate United States financial information in order to review the uses of United States assistance for the Program funded under the heading ‘ ‘ E conomic Support Fund ’ ’ for the West Bank and Gaza. (b) V ETTING.—Prior to the obligation of funds appropriated by this Act under the heading ‘‘Economic Support Fund’’ for assist- ance for the West Bank and Gaza, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity nor, with respect to private entities or edu- cational institutions, those that have as a principal officer of the entity’s governing board or governing board of trustees any indi- vidual that has been determined to be involved in, or advocating terrorist activity or determined to be a member of a designated foreign terrorist organization. T he Secretary of State shall, as appro- priate, establish procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which she has deter- mined to be involved in or advocating terrorist activity. (c) PROHIBITION.— ( 1 ) None of the funds appropriated under titles I II through VI of this Act for assistance under the West Bank and Gaza Program may be made available for the purpose of recognizing or otherwise honoring individuals who commit, or have com- mitted acts of terrorism. (2) Notwithstanding any other provision of law, none of the funds made available by this or prior appropriations act, including funds made available by transfer, may be made avail- able for obligation for security assistance for the West Bank and Gaza until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been estab- lished for security assistance for the West Bank and Gaza and reports on the e x tent of Palestinian compliance with such benchmarks. (d) A U DITS.— Reports.P ro c e du res. T error i s m . D e a d l i n e. C erti f ication.


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Page:United States Statutes at Large Volume 123.djvu/902

 123STA T .8 82 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(1)TheAdmin i stra t o ro f the U nited S tates A g en cy for I nternationa lD e v elo p ment shall ens u re that F ederal or non - Federal audits of all contractors and grantees , and significant su b contractors and sub-grantees, under the W est B an k and G a z a P rogram, are conducted at least on an annual basis to ensure, among other things, compliance w ith this section . ( 2 ) O f the funds appropriated by this Act up to $50 0,000 may be used by the Office of the Inspector General of the United States Agency for International Development for audits, inspections, and other activities in furtherance of the re q uire- ments of this subsection. Such funds are in addition to funds otherwise available for such purposes. (e) Subsequent to the certification specified in subsection (a), the C omptroller General of the United States shall conduct an audit and an investigation of the treatment, handling, and uses of all funds for the bilateral West Bank and Gaza Program, including all funds provided as cash transfer assistance, in fiscal year 200 9 under the heading ‘ ‘ E conomic Support Fund ’ ’. The audit shall address — (1) the e x tent to which such Program complies with the requirements of subsections (b) and (c), and (2) an examination of all programs, pro j ects, and activities carried out under such Program, including both obligations and expenditures. (f) Funds made available in this Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations. (g) N ot later than 1 8 0 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations updating the report contained in section 210 6 of chapter 2 of title II of Public L aw 109-1 3 . LIM I TA TI ON ONA S SISTAN CEF O R T H E P ALESTINIAN A U THORIT Y SEC. 7 0 4 0. (a) PROHI B ITION OF FUN D S.—None of the funds appropriated by this Act to carry out the provisions of chapter 4 of part II of the Foreign Assistance Act of 1961 may be obligated or expended with respect to providing funds to the Palestinian Authority. (b) WAI V ER.—The prohibition included in subsection (a) shall not apply if the President certifies in writing to the Speaker of the H ouse of R epresentatives, the President pro tempore of the Senate, and the Committees on Appropriations that waiving such prohibition is important to the national security interests of the United States. (c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant to subsection (b) shall be effective for no more than a period of 6 months at a time and shall not apply beyond 12 months after the enactment of this Act. (d) REPORT.—Whenever the waiver authority pursuant to sub- section (b) is exercised, the President shall submit a report to the Committees on Appropriations detailing the justification for the waiver, the purposes for which the funds will be spent, and the accounting procedures in place to ensure that the funds are properly disbursed. The report shall also detail the steps the Pales- tinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure. Certif i ca ti on.P re s i d ent. D ead l ine. R e p orts. N otification. Au dits. I n v esti g ation.


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Page:United States Statutes at Large Volume 123.djvu/903

 123STA T .8 83 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9(e)CERTIF I CA TI ON.—Ifth e Pr e sid e n te x er c ises the wa i v er a u th o rit y under su b section (b) , the S ecretary of State m ust certify and re p ort to the Committees on A ppropriations prior to the ob l i g a - tion of funds that the Palestinian Authority has established a single treasury account for all Palestinian Authority financing and all financing mechanisms flow through this account, no parallel financing mechanisms exist outside of the Palestinian Authority treasury account, and there is a single comprehensive civil service roster and payroll. (f) PRO H I B ITION.— ( 1 ) N one of the funds appropriated in titles III through V I of this Act may be obligated for salaries of personnel of the Palestinian Authority located in G a z a or may be obligated or expended for assistance to H amas or any entity effectively controlled by Hamas or any power-sharing government of which Hamas is a member unless the President certifies in writing and reports to the Committees on Appropriations that Hamas has accepted and is complying with the principles contained in section 620K (b)(1)(A) and ( B ) of the F oreign Assistance Act of1 9 61, as amended. (2) None of the funds appropriated under titles III through VI of this Act may be obligated for assistance for the Palestine L iberation O rganization. BROA D CA S TIN G TRANS P ARENC Y SEC. 7 0 4 1. (a) Of the funds appropriated in this Act under the heading ‘ ‘International Broadcasting Operations ’ ’ for M iddle E ast Broadcasting Networ k s, 10 percent of the funds shall not be available for obligation until the Broadcasting Board of Gov- ernors reports to the Committee on Appropriations on— (1) T he results of the independent outside evaluation of Alhurra programming to examine its j ournalistic integrity and adherence to standards and principles of the U nited States International Broadcasting Act and (2) W hether the directives in the explanatory statement accompanying the D epartment of State, Foreign Operations, and R elated Programs Appropriations Act, 200 8 (division J of Public Law 110 – 161) regarding Alhurra have been imple- mented and are operational. (b) The Office of the Inspector General of the Department of State and the Broadcasting Board of Governors shall monitor adherence to the standards of the Journalistic Code of Ethics of the Middle East Broadcasting Networks, as updated in May 2007. IRA Q SEC. 7042. (a) ASSISTANCE.—None of the funds appropriated or otherwise made available by this Act may be made available for assistance for Ira q , except funds appropriated by this Act under the heading ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ for the removal and disposal of landmines and other unexploded ordnance, small arms and light weapons in Iraq. (b) MATCHING REQ U IRE M ENT.—The terms and conditions of sec- tion 1402(e)(1), (2), ( 3 ) and (4) of Public Law 110–2 5 2 shall apply to assistance for Iraq in fiscal year 2009. (c) TRANSITION P L AN.—Not later than 180 days after enactment of this Act, the Secretary of State, in consultation with relevant Deadlin e .R e ports . C lassi f ied infor m ation. A ppli c a b ilit y . Reports. Certification.


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Page:United States Statutes at Large Volume 123.djvu/904

 123STA T .8 8 4PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9UnitedS t a te sGov e r n m ent a g en c ies , s h a l ls ub mit to the C ommittees on Ap propriations a report, in classi f ied form if necessar y , that details the plans, costs and timelines associated w ith the transition of programs and activities funded under titles I II through V Iof this Act and prior Acts ma k ing appropriations for the D epartment of State, foreign operations, and related programs to the Govern - ment of Ira q.( d )BASERIGHT S. —N one of the funds made available in this Act may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq. R E PO RTO N IRAN SAN C TIONS SEC. 7043 . Not later than 18 0 days after enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations on the status of multilateral and bilateral United States sanctions against Iran and actions taken by the United States and the international community to enforce sanctions against Iran. T he report, which may be submitted in classified form if necessary, shall include the following (1) A list of all current United States bilateral and multilat- eral sanctions against Iran ( 2 ) A list of all United States and foreign registered entities which the Secretary of State has reason to believe may be in violation of e x isting United States bilateral and multilateral sanctions; (3) A detailed description of United States efforts to enforce sanctions, including a list of all investigations initiated in the 12 months preceeding the enactment of this Act that have resulted in a determination that a sanctions violation has occurred and United States government actions taken pursuant to the determination; (4) In the instances when sanctions were waived or other- wise not imposed against entities that were determined to have violated United States bilateral or multilateral sanctions, the reason in each instance of why action was not taken to sanction the entity; and ( 5 ) A description of United States diplomatic efforts to expand bilateral and multilateral sanctions against Iran and strengthen international efforts to enforce existing sanctions. L E B ANON SEC. 7044. (a) F unds appropriated under the heading ‘ ‘Foreign M ilitary Financing P rogram ’ ’ in this Act for assistance for L ebanon shall be made available only to professionali z e the Lebanese Armed Forces and to strengthen border security and combat terrorism, including training and equipping the Lebanese Armed Forces to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for terrorist groups and imple- menting United Nations Security Council Resolution 1701. (b) None of the funds in subsection (a) may be made available for obligation until after the Secretary of State provides the Commit- tees on Appropriations a detailed spending plan, which shall include a strategy for professionalizing the Lebanese Armed Forces, strengthening border security and combating terrorism in Lebanon. Spendi n g p la n .


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Page:United States Statutes at Large Volume 123.djvu/905

 123STA T .8 8 5PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9WEST E RNH E MI S P HERE S E C.7045 . (a)F REE T R AD E AG REEMENTS. —Ofthe f unds a p p ro- pr i ated by this A c t not l ess than $1 0, 000,000 fro m‘ ‘ D e v elopment Assistance ’ ’ and not less than $10,000,000 from ‘‘ E conomic Support Fund’’ shall be made available for labor and environmental capacity buildin g activities relating to the free trade agreements w ith coun- tries of C entral America, P eru and the Dominican R epublic. (b) H AITI.— (1) The G overnment of Haiti shall be eligible to purchase defense articles and services under the Arms E x port Control Act ( 2 2 U .S.C. 2751 et se q .), for the Coast Guard. (2) Of the funds appropriated by this Act under titles I IIandI V , not less than $251,12 6 ,000 shall be made available for assistance for Haiti. ( 3 ) N one of the funds made available by this Act under the heading ‘‘International Narcotics Control and L aw Enforce- ment’’ may be used to transfer excess weapons, ammunition or other lethal property of an agency of the United States Government to the Government of Haiti for use by the Haitian National Police until the Secretary of State reports to the Committees on Appropriations that any members of the Haitian National Police who have been credibly alleged to have com- mitted serious crimes, including drug traffic k ing and violations of internationally recogni z ed human rights, have been sus- pended. (c) D O MINICAN REP UBL IC.—Of the funds appropriated by this Act that are available for assistance for the Dominican Republic, not less than $5,000,000 shall be made available for basic health care, nutrition, sanitation, education, and shelter for migrant workers and other residents of batey communities. (d) ASSISTANCE F OR GUATEMALA.— (1) Funds appropriated by this Act under the heading ‘‘International M ilitary Education and Training’’ (IMET) that are available for assistance for Guatemala, other than for expanded IMET, may be made available only for the Guate- malan Air Force, Navy and Army Corps of Engineers
 * Provide

d , That assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabili- ties and to participate in international peacekeeping operations: Provided fu r th er, That such funds may be made available only if the Secretary of State certifies that the Air Force, Navy and Army Corps of Engineers are respecting internationally recognized human rights and cooperating with civilian j udicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, and with the International Commis- sion Against Impunity in Guatemala (CICIG) by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony. (2) Of the funds appropriated by this Act under the heading ‘‘Foreign Military Financing Program’’, not more than $500,000 may be made available for the Guatemalan Air Force, Navy and Army Corps of Engineers: Provided, That assistance for the Army Corps of Engineers shall only be available for training to improve disaster response capabilities and to participate in international peacekeeping operations: Provided further, Certif i ca ti on. Certification. R e p ort s .


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Page:United States Statutes at Large Volume 123.djvu/906

 123STA T .8 8 6PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9Thatsuc h f u nd s m a ybe made a v a il able o nly if the S ec r etary of State certifies that the A ir F orce ,N avy and Army C or p s of E n g ineers are respecting internationally recogni z ed human rights and cooperating w ith civilian j udicial investigations and prosecutions of current and retired military personnel who have been credibly alleged to have committed violations of such rights, including protecting and providing to the Attorney G en - eral ’ s office all military archives pertaining to the internal armed conflict, and cooperating with the C I CIG by granting access to CICIG personnel, providing evidence to CICIG, and allowing witness testimony .( e ) A S S I S TANCEFORM E X ICO. —O f the funds appropriated under the headings ‘ ‘International Narcotics Control and L aw Enforce- ment’’, ‘‘Foreign Military Financing P rogram’’, and ‘‘Economic Sup- port Fund’’ in this Act, not more than $30 0,000,000 may be made available for assistance for Me x ico, only to combat drug traffic k ing and related violence and organized crime, and for judicial reform, institution building, anti-corruption, and rule of law activities, of which not less than $ 75 ,000,000 shall be used for judicial reform, institution building, anti-corruption, and rule of law activities
 * Pro-vide

d, That none of the funds made available under this section shall be made available for budget support or as cash payments. ( 1 )A L LOCATION OF F U N D S.—Fifteen percent of the funds made available under this section in this Act, for assistance for Mexico, not including assistance for judicial reform, institu- tion building, anti-corruption, and rule of law activities, may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the Government of Mexico is continuing to— (A) improve the transparency and accountability of Federal police forces and to work with State and municipal authorities to improve the transparency and accountability of State and municipal police forces through mechanisms including police complaints commissions with authority and independence to receive complaints and carry out effective investigations ( B ) conduct regular consultations with Mexican human rights organizations and other relevant Mexican civil society organizations on recommendations for the implementation of the Merida Initiative in accordance with Mexican and international law; (C) ensure that civilian prosecutors and judicial authorities are investigating and prosecuting, in accordance with Mexican and international law, members of the Fed- eral police and military forces who have been credibly alleged to have violated internationally recognized human rights, and the Federal police and military forces are fully cooperating with the investigations; and ( D ) enforce the prohibition, in accordance with Mexican and international law, on the use of testimony obtained through torture or other ill-treatment. ( 2 ) R E P ORT.—The report re q uired in paragraph (1) shall include a description of actions taken with respect to each requirement. (3) SPENDIN G PLAN.—Not later than 4 5 days after the date of enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan, Deadlin e .R e ports .


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Page:United States Statutes at Large Volume 123.djvu/907

 123STA T .8 8 7PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9dev e lop ed aft e rc o nsu lt i n gw it h relevant M e x ican G overn m ent authorities , for funds made availa b le for Mexico under this section, with concrete goals, programs and activities to be funded, and anticipated results .(4)ANALYSI S OF AL TER NATI V ES. —P rior to the obligation of funds for the procurement or lease of aircraft, the D irector of the Defense S ecurit yC ooperation Agency, in consultation with the Secretary of State, shall submit to the Committees on Appropriations an Analysis of Alternatives for the ac q uisi - tion of all aircraft for the Merida I nitiative. (f) ASSISTAN C EFORT H ECO U NTRIES OF CENTRAL A M ERICA.— O f the funds appropriated under the headings ‘ ‘International N ar- cotics Control and L aw E nforcement ’ ’, ‘‘ F oreign Military Financing Program’’, and ‘‘Economic Support Fund’’, $105 ,000,000 may be made available for assistance for the countries of Central America only to combat drug traffic k ing and related violence and organi z ed crime, and for j udicial reform, institution building, anti-corruption, rule of law activities, and maritime security, of which not less than $ 3 5,000,000 shall be made available for judicial reform, institu- tion building, anti-corruption, and rule of law activities
 * Provide

d, T hat of the funds appropriated under the heading ‘‘Economic Sup- port Fund’’, $1 2 ,000,000 shall be made available through the U nited States Agency for International Development for an Economic and Social Development Fund for Central America: Provided fu r th er, That none of the funds shall be made available for budget support or as cash payments. (1) ALLOCATION OF FUN D S.—Fifteen percent of the funds made available by this Act for assistance for the countries of Central America under the headings ‘‘International Narcotics Control and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ may not be obligated until the Secretary of State reports in writing to the Committees on Appropriations that the government of such country is continuing to— (A) support police complaints commissions with authority and independence to receive complaints and carry out effective investigations ( B ) implement reforms to improve the capacity and ensure the independence of the judiciary; and (C) investigate and prosecute members of the Federal police and military forces who have been credibly alleged to have committed violations of internationally recognized human rights. (2) R E P ORT.—The report required in paragraph (1) shall include a description of actions taken with respect to each requirement. (3) SPENDIN G PLAN.—Not later than 45 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a detailed spending plan for funds appropriated or otherwise made available for the countries of Central America by this Act, with concrete goals, actions to be taken, budget proposals, and anticipated results. (4) DEFINITION.—For the purposes of this section, the term ‘‘countries of Central America’’ means Belize, Costa Rica, El Salvador, Guatemala, H onduras, Nicaragua, and Panama. (g) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the max- imum extent practicable, the costs of operations and maintenance, Deadlin e .R e ports .


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Page:United States Statutes at Large Volume 123.djvu/908

 123STA T .8 88 PUBLIC LA W 111 – 8 —M A R .11, 2 0 0 9includ in gf u e l ,o f a i r craf t funded by t h i sA ct should be borne by the reci p ient country .COL O MBIASE C. 7046 . ( a )FUND IN G . —O f the funds appropriated in titles I IIandI V of this Act, not m ore than $5 45,050,000 shall be a v ailable for assistance for C olombia. Funds appropriated by this Act and made available to the D epartment of State for assistance to the G overnment of Colombia may be used to support a unified campaign against narcotics traf - fic k ing and organi z ations designated as Foreign T errorist Organiza- tions and successor organizations, and to take actions to protect human health and w elfare in emergency circumstances, including undertaking rescue operations
 * Provide

d , That assistance made available in prior Acts for the Government of Colombia to protect the Cano- L imon pipeline may also be used for purposes for which funds are made available under the heading ‘ ‘Andean Counterdrug P rograms ’ ’: Provided fu r th er, That no U nited States Armed Forces personnel or United States civilian contractor employed by the United States will participate in any combat operation in connection with assistance made available by this Act for Colombia: Provided further, That rotary and fi x ed wing aircraft supported with funds appropriated under the heading ‘‘Andean Counterdrug Programs’’ for assistance for Colombia may be used for aerial or manual drug eradication and interdiction including to transport personnel and supplies and to provide security for such operations, and to provide transport in support of alternative development programs and investigations of cases under the j urisdiction of the Attorney General, the Procuraduria General de la N acion, and the Defensoria del Pueblo: Provided further, That the President shall ensure that if any helicopter procured with funds in this Act or prior Acts making appropriations for the Department of State, foreign oper- ations, and related programs, is used to aid or abet the operations of any illegal self-defense group, paramilitary organization, illegal security cooperative or successor organizations in Colombia, such helicopter shall be immediately returned to the United States. Of the funds available under the heading ‘‘Andean Counterdrug Programs’’ in this Act for the Colombian national police for the procurement of chemicals for aerial coca and poppy eradication programs, not more than 2 0 percent of such funds may be made available for such eradication programs unless the Secretary of State certifies to the Committees on Appropriations that: ( 1 ) the herbicide is being used in accordance with E PA label re q uirements for comparable use in the United States and with Colombian laws and (2) the herbicide, in the manner it is being used, does not pose unreasonable risks or adverse effects to humans or the environ- ment, including endemic species: Provided, That such funds may not be made available unless the Secretary of State certifies to the Committees on Appropriations that complaints of harm to health or licit crops caused by such aerial eradication are thoroughly evaluated and fair compensation is being paid in a timely manner for meritorious claims: Provided further, That such funds may not be made available for such purposes unless programs are being implemented by the United States Agency for International Development, the Government of Colombia, or other organizations, in consultation and coordination with local communities, to provide Certif i ca ti on. Certification. P re s i d ent. H e l ico p ters.


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Page:United States Statutes at Large Volume 123.djvu/909

 123STA T .8 8 9PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 altern at iv e sou r c eso f inco m e in areas wh ere securit yp ermits for small - acrea g e growers an d communities whose illicit crops are tar- geted for aerial eradication
 * Provide

d fu r th er ,T hat none of the funds appropriated b y this A ct for assistance for C olombia shall be made available for the cultivation or processing of African oil palm , if doing so would contribute to significant loss of native species, disrupt or contaminate natural water sources, reduce local food security, or cause the forced displacement of local people: Provided further, That funds appropriated by this Act may be used for aerial eradication in Colombia ’ s national par k s or reserves only if the S ecretary of State certifies to the Committees on Appro- priations on a case-by-case basis that there are no effective alter- natives and the eradication is conducted in accordance with Colom- bian laws .( b ) A S S I S TANCEFOR T H EAR M E DF ORCES. — ( 1 )F U NDIN G .—Funds appropriated by this Act that are available for assistance for the Colombian Armed Forces, may be made available as follows: (A) U pto 70 percent of such funds may be obligated prior to the certification and report by the Secretary of State pursuant to subparagraph ( B ). (B)Upto1 5 percent of such funds may be obligated only after the Secretary of State consults with, and subse- q uently certifies and submits a written report to, the Committees on Appropriations that— (i) The G overnment of Colombia is suspending, and investigating and prosecuting in the civilian j ustice system, those members of the Colombian Armed Forces, of whatever rank, who have been credibly alleged to have committed violations of internationally recogni z ed human rights, including e x tra-judicial killings, or to have aided, abetted or benefitted from paramilitary organizations or successor armed groups, and the Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities in such cases. (ii) The Government of Colombia has taken all necessary steps to sever links with paramilitary organizations or successor armed groups. (iii) The Government of Colombia is dismantling paramilitary networks, including by arresting and prosecuting under civilian criminal law individuals who have provided financial, planning, or logistical support, or have otherwise aided, abetted or benefitted from paramilitary organizations or successor armed groups, and by returning land and other assets illegally acquired by such organizations or their associates to their rightful occupants or owners. (iv) The Government of Colombia is respecting the rights of Colombia’s indigenous and Afro-Colombian communities, and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants in their operations. ( 2 ) The balance of such funds may be obligated after J uly 3 1, 200 9, if, prior to such obligation, the Secretary of State consults with, and submits a written certification to, the Certif i ca ti on. Certification. R e p ort s . Certification.


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Page:United States Statutes at Large Volume 123.djvu/910

 123STA T .890PUBLIC LA W 111 – 8 —M A R .11, 2009 Com m it t e e s o nAp p r opri a tions t h at the G o v ernment o f Co l om b ia is c ontin u in g to meet the re q uirements d escribed in paragraph (1) and is conducting vigorous operations to strengthen civilian institutions and respect for internationall y recogni z ed human rights in areas under the influence of para - military organizations or successor armed groups and guerrilla organizations . ( 3 )C ERTAINFU N DS E X E MP TED. —T he requirement to w ith- hold funds from obligation shall not apply with respect to funds made available under the heading ‘ ‘Andean Counterdrug P rograms ’ ’ in this Act for continued support for the Critical F light S afety Program or for any alternative development pro- grams in Colombia administered by the B ureau of I nternational N arcotics and L aw E nforcement Affairs of the D epartment of State. ( 4 ) R EP O RT.—At the time the Secretary of State submits certifications pursuant to paragraphs (1)(B) and ( 2 ) of this subsection , the Secretary shall also submit to the Committees on Appropriations a report that contains, with respect to each such paragraph, a detailed description of the specific actions ta k en by the Government and Armed Forces of Colombia which support each requirement of the certification, and the cases or issues brought to the attention of the Secretary, including through the Department of State’s annual Country Reports on H uman Rights Practices, for which the actions taken by the Colombian Government or Armed Forces have been deter- mined by the Secretary of State to be inadequate. (c) CONSU L TATI V E PRO C ESS.—Not later than 60 days after the date of enactment of this Act, and every 1 8 0 days thereafter until September 30, 200 9, the Secretary of State shall consult with Colom- bian and internationally recognized human rights organizations regarding progress in meeting the requirements contained in sub- section (b)(1). (d) ASSISTANCE FOR REINTE G RATION OF FORMER COM B ATANTS.— (1) AVAILABILIT Y OF FUNDS.— O f the funds appropriated in this Act under the heading ‘‘Economic Support Fund’’, up to $ 16, 7 69,000 may be made available in fiscal year 2009 for assistance for the reintegration of former members of foreign terrorist organizations (FTOs) or other illegal armed groups in Colombia, if the Secretary of State consults with and makes a certification described in paragraph (2) to the Committees on Appropriations prior to the initial obligation of amounts for such assistance for the fiscal year involved. (2) CERTIFICATION.—A certification described in this sub- section is a certification that— (A) assistance for the fiscal year will be provided only for individuals who have (i) verifiably renounced and terminated any affiliation or involvement with FTOs or other illegal armed groups (ii) are meeting all the require- ments of the Colombia demobilization program, including having disclosed their involvement in past crimes and their knowledge of the FTO’s structure, financing sources, illegal assets, and the location of kidnapping victims and bodies of the disappeared; and (iii) are not involved in criminal activity; (B) the Government of Colombia is providing full cooperation to the Government of the U nited States to Deadlin e s.


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Page:United States Statutes at Large Volume 123.djvu/911

 123STA T .89 1 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 prosecut et h ee x tr adi ted l eaders a n d m em b ers o fFTO s w ho ha v e been indicted in the U nited S tates for murder , torture, k idnappin g , narcotics trafficking, or other viola - tions of United States law the G overnment of Colombia is not knowingl y taking any steps to legali z e the titles of land or other assets illegally obtained and held by FTOs, their associates, or successors, has established effective procedures to iden- tify such land and other assets, and is seizing and returning such land and other assets to their rightful occupants or owners; ( D ) the Government of Colombia is dismantling the organizational structures of FTOs and successor armed groups; and ( E ) funds shall not be made available as cash payments to individuals and are available only for activities under the following categories verification, reintegration (including training and education), vetting, recovery of assets for reparations for victims, and investigations and prosecutions . (e) IL L EGA L ARM E D GR OUPS . — ( 1 )DE NI ALO FV ISAS.—Sub j ect to paragraph ( 2 ), the Sec- retary of State shall not issue a visa to any alien who the Secretary determines, based on credible evidence— (A) has willfully provided any support to or benefitted from the R evolutionary Armed Forces of Colombia (FARC), the N ational L iberation Army (ELN), the United Self- Defense Forces of Colombia (AUC), or successor armed groups, including taking actions or failing to take actions which allow, facilitate, or otherwise foster the activities of such groups; or ( B ) has committed, ordered, incited, assisted, or other- wise participated in the commission of a violation of inter- nationally recognized human rights, including extra- judicial killings, in Colombia. (2) W AIVER.— P aragraph (1) shall not apply if the Secretary of State certifies to the Committees on Appropriations, on a case-by-case basis, that the issuance of a visa to the alien is necessary to support the peace process in Colombia or for urgent humanitarian reasons. (f) DEFINI T IONS.—In this section: (1) AIDED OR A B ETTED.—The term ‘ ‘aided or abetted ’ ’ means to provide any support to paramilitary or successor armed groups, including taking actions which allow, facilitate, or otherwise foster the activities of such groups. (2) PARAMILITAR Y GROUPS.—The term ‘‘paramilitary groups’’ means illegal self-defense groups and illegal security cooperatives, including those groups and cooperatives that have formerly demobilized but continue illegal operations, as well as parts thereof. ( 3 ) FOREIGN TERRORIST ORGANI Z ATION.—The term ‘‘foreign terrorist organization’’ means an organization designated as a terrorist organization under section 21 9 of the Immigration and Nationality Act. Certif i ca ti on.
 * (C)


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Page:United States Statutes at Large Volume 123.djvu/912

 123STA T .89 2 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 COM M UNITY-BASEDP O L ICE ASSISTANCE S EC .704 7. (a)A UT H O R ITY. —Fundsm ad e a v a il a b leb yt itles I IIandI Vof t h isA c ttoca r ry out the p rovisions of chapter 1 of part I and chapters 4 and 6 of part II of the Forei g n Assistance Actof1 9 61, may be used, not w ithstanding section 660 of that Act, to enhance the effectiveness and accountability of civilian police authority through training and technical assistance in human rights, the rule of law, anti-corruption, strategic planning, and through assistance to foster civilian police roles that support demo- cratic governance including assistance for programs to prevent con- flict, respond to disasters, address gender-based violence, and foster improved police relations with the communities they serve. (b) N OTI F ICATION.—Assistance provided under subsection (a) shall be sub j ect to prior consultation with, and the regular notifica- tion procedures of, the C ommittees on Appropriations. PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS SEC. 704 8 . None of the funds appropriated or made available pursuant to titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any assessments, arrearages, or dues of any member of the U nited Nations or, from funds appropriated by this Act to carry out chapter 1 of part I of the Foreign Assistance Act of 1961, the costs for participation of another country ’ s delegation at international conferences held under the auspices of multilateral or international organi z ations. W AR CRIMES TRIBUNALS DRAWDOWN SEC. 7049. If the P resident determines that doing so will con- tribute to a just resolution of charges regarding genocide or other violations of international humanitarian law, the President may direct a drawdown pursuant to section 5 5 2 (c) of the Foreign Assist- ance Act of 1961 of up to $3 0,000,000 of commodities and services for the United Nations W ar Crimes T ribunal established with regard to the former Y ugoslavia by the United Nations Security Council or such other tribunals or commissions as the Council may establish or authorize to deal with such violations, without regard to the ceiling limitation contained in paragraph (2) thereof
 * Provide

d , That the determination re q uired under this section shall be in lieu of any determinations otherwise required under section 552(c): Provided fu r th er, That funds made available for tribunals other than the International Criminal Tribunal for the former Yugo- slavia, the International Criminal Tribunal for R wanda, or the Special Court for Sierra L eone shall be made available subject to the regular notification procedures of the Committees on Appro- priations. PEACE K EEPIN G MISSIONS SEC. 7050. None of the funds made available under title I of this Act may be used for any United Nations underta k ing when it is made known to the Federal official having authority to obligate ore x pend such funds that: (1) the United Nations undertaking is a peacekeeping mission (2) such undertaking will involve United States Armed Forces under the command or operational control of a foreign national; and (3) the President’s military advisors Notif i ca tio n.


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Page:United States Statutes at Large Volume 123.djvu/913

 123STA T .89 3 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 havenotsubmi tte d to the Pr esident a re c ommendation that such invo l vement is in the national interests o f the U nited S tates and the President has not submitted to the C on g ress such a rec - ommendation .PEAC E K EEP ING A S SESS M EN T SEC. 7051 . Section 4 04 ( b ) ( 2 )( B ) of the F oreign R elations A uthori z ation Act , Fiscal Y ears 1 9 94 and 1995, (22 U.S.C. 2 8 7e note) is amended b y deleting subsection (v) and inserting in lieu thereof

‘(v) For assessments made during each of the calendar years 2005, 200 6, 2007, 2008, and 2009, 27.1 p ercent. ’ ’. U NITE D NATI O NS H UMAN R IGHTS COUNCI L SEC. 7052. (a) N one of the funds appropriated by this Act may be made available for a United States contribution to the United Nations H uman Rights Council. (b) T he prohibition under subsection (a) shall not apply if — (1) the Secretary of State certifies to the Committees on Appropriations that the provision of funds to support the United Nations Human Rights Council is in the national interest of the United States or (2) the United States is a member of the Human Rights Council. ATTENDANCE AT INTERNATIONAL CON F ERENCES SEC. 705 3 . None of the funds made available in this Act may be used to send or other w ise pay for the attendance of more than 50 employees of agencies or departments of the United States G overnment who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations that such attendance is in the national interest: Provide d , That for purposes of this section the term ‘‘international conference’’ shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations. RESTRICTIONS ON UNITED NATIONS DELEGATIONS SEC. 7054. None of the funds made available under title I ofthisActmaybeusedtopaye x penses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6( j )(1) of the E xport Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports international terrorism. PARKING FINES AND REAL PROPERT Y TA X ESO W ED B Y FOREIGN GO V ERNMENTS SEC. 7055. (a) Subject to subsection (c), of the funds appro- priated under titles III through V I by this Act that are made available for assistance for a foreign country, an amount e q ual to 110 percent of the total amount of the unpaid fully adjudicated Certif i ca ti on.D efinition. R e p ort s . Certification.


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Page:United States Statutes at Large Volume 123.djvu/914

 123STA T .894PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 parkingf in es an d pena lt ies and u npaid pr o pert y ta x eso w ed b y t h e c entral go v ern m ent of such country shall be withheld from obligation for assistance for the central government of such country until the S ecretary of State submits a certification to the C ommit - tees on A ppropriations stating that such parking fines and penalties and unpaid property taxes are fully paid .( b )F unds withheld from obligation pursuant to subsection (a) may be made available for other programs or activities funded by this Act , after consultation with and sub j ect to the regular notification procedures of the Committees on Appropriations, pro- vided that no such funds shall be made available for assistance for the central government of a foreign country that has not paid the total amount of the fully adjudicated parking fines and penalties and unpaid property taxes owed by such country. (c) Subsection (a) shall not include amounts that have been withheld under any other provision of law. (d)( 1 ) T he Secretary of State may waive the re q uirements set forth in subsection (a) with respect to parking fines and penalties no sooner than 60 days from the date of enactment of this Act, or at any time with respect to a particular country, if the Secretary determines that it is in the national interests of the U nited States to do so. ( 2 ) The Secretary of State may waive the requirements set forth in subsection (a) with respect to the unpaid property taxes if the Secretary of State determines that it is in the national interests of the United States to do so. (e) N ot later than 6 months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New Y ork, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines and penalties and unpaid property taxes and interest owed by nations receiving foreign assistance under this Act. (f) I n this section (1) The term ‘ ‘fully adjudicated ’ ’ includes circumstances in which the person to whom the vehicle is registered — (A)(i) has not responded to the parking violation sum- mons or (ii) has not followed the appropriate adjudication proce- dure to challenge the summons; and ( B ) the period of time for payment of or challenge to the summons has lapsed. (2) The term ‘‘parking fines and penalties’’ means parking fines and penalties— (A) owed to— (i) the D istrict of Columbia; or (ii) New York, New York; and (B) incurred during the period April 1, 1 9 9 7, through September 3 0, 200 8 . (3) The term ‘‘unpaid property taxes’’ means the amount of unpaid taxes and interest determined to be owed by a foreign country on real property in the District of Columbia or New York, New York in a court order or judgment entered against such country by a court of the United States or any State or subdivision thereof. Defin i t i o n s. De adl ine. R e p o r ts. W ai v era u t h orit y . T i m e period.


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Page:United States Statutes at Large Volume 123.djvu/915

 123STA T .895PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 LANDMI N ES AND C L U S T E R MUNITI O NS S EC .7056 . (a)L ANDMINES. —Notwi t hs ta nd in g an y oth erp ro v i - sion o fl aw , de m ining e qu ipment availa b le to the U nited States A gen c y for I nternational D evelopment and the Department of State and used in support of the clearance of landmines and une x ploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries, sub j ect to such terms and conditions as the P resident may prescribe. (b) C LUSTER M UNITIONS.—No military assistance shall be fur- nished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster muni- tions technology shall be sold or transferred, unless— ( 1 ) the submunitions of the cluster munitions have a 9 9 percent or higher functioning rate and ( 2 ) the agreement applicable to the assistance, transfer, or sale of the cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are k nown to be present. MILLENNIUM C H ALLEN G E COR P ORATION SEC. 7057. (a) T he Chief E xecutive O fficer of the Millennium Challenge Corporation shall, not later than 4 5 days after enactment of this Act, submit to the Committee on Appropriations a report on the proposed uses, on a country-by-country basis, of all funds appropriated under the heading ‘ ‘Millennium Challenge Corpora- tion ’ ’ in this Act or prior Acts making appropriations for the Depart- ment of State, foreign operations, and related programs projected to be obligated and expended in fiscal year 2009 and subsequent fiscal years. (b) The report required in paragraph (a) shall be updated on a semi-annual basis and shall include, at a minimum, a descrip- tion of— (1) compacts in development, including the status of nego- tiations and the approximate range of value of the proposed compact; (2) compacts in implementation, including the projected expenditure and disbursement of compact funds during fiscal year 2009 and subsequent fiscal years as determined by the country compact; ( 3 ) threshold country programs in development, including the approximate range of value of the threshold country agree- ment; (4) major programmatic changes to existing compacts funded by this Act or prior Acts making appropriations for the Department of State, foreign operations, and related pro- grams; (5) threshold country programs in implementation; and (6) use of administrative funds. (c) The Chief Executive Officer of the Millennium Challenge Corporation shall notify the Committees on Appropriations not later than 15 days prior to signing any new country compact or new threshold country program; terminating or suspending any country compact or threshold country program; or commencing negotiations for any new compact or threshold country program. Notif i ca tio n.De a dl ine. Deadline. R e p o r t s .


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Page:United States Statutes at Large Volume 123.djvu/916

 123STA T .896PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 LIM I TA TI ON ON RES I D EN C EE XP ENSES S EC .7058 . Ofthe f undsap p ro pr i ated or m ade a v ai l a b le pursu - ant to title I I of this Ac t , nottoe x ceed $1 00,500 shall be for official residence expenses of the U nited States A g enc y for Inter- national D evelopment during the current fiscal year
 * Provide

d, T hat appropriate steps shall be ta k en to assure that, to the maximum extent possible, United States-o w ned foreign currencies are utili z ed in lieu of dollars. U NITED STATES A G ENC YF OR INTERNATIONAL DE V ELOPMENT MANAGEMENT ( INCLUDING TRANSFER OF FUNDS ) SEC. 705 9 . ( a ) AUT H ORITY. — Up to $81,000,000 of the funds made available in title III of this Act to carry out the provisions ofpartIofthe F oreign Assistance Act of 19 6 1, including funds appropriated under the heading ‘ ‘Assistance for E urope, Eurasia and C entral Asia ’ ’, may be used by the United States Agency for International Development (USAID) to hire and employ individ- uals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 3 08 and 309 of the Foreign Service Act of 1980. (b) R ESTRICTIONS.— (1) The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175. ( 2 ) The authority to hire individuals contained in subsection (a) shall expire on September 30, 2010. (c) CONDITIONS.—The authority of subsection (a) may only be used to the extent that an e q uivalent number of positions that are filled by personal services contractors or other non-direct hire employees of USAID, who are compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Europe, Eur- asia and Central Asia’’, are eliminated. (d) P RIORITY SECTORS.—In exercising the authority of this sec- tion, primary emphasis shall be placed on enabling USAID to meet personnel positions in technical skill areas currently encumbered by contractor or other non-direct hire personnel. (e) CONSULTATIONS.—The USAID Administrator shall consult with the Committees on Appropriations at least on a quarterly basis concerning the implementation of this section. (f) PROGRAM ACCOUNT CHARGED.—The account charged for the cost of an individual hired and employed under the authority of this section shall be the account to which such individual’s respon- sibilities primarily relate. Funds made available to carry out this section may be transferred to, and merged with, funds appropriated by this Act in title II under the heading ‘‘Operating Expenses’’. (g) FOREIGN SERVICE L IMITED EXTENSIONS.—Individuals hired and employed by USAID, with funds made available in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related programs, pursuant to the authority of section 309 of the Foreign Service Act of 1980, may be extended for a period of up to 4 years notwithstanding the limitation set forth in such section. Expirat i ond at e.2 2 USC3948 note.


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Page:United States Statutes at Large Volume 123.djvu/917

 123STA T .897PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 (h)JUNIOROF FI CE R PLA CE M EN TA UT H ORIT Y.— O ft h e f undsma dea v a il a b le in subse c ti o n (a) ,US A ID ma y use, in addition to funds othe rw ise available for such p urposes, up to $15 , 0 00,000 to fund overseas support costs of members of the F orei g n Service with a Foreign Service ran k of four or below
 * Provide

d ,T hat such authority is only used to reduce USAID ’ s reliance on overseas personal services contractors or other non - direct hire employees compensated with funds appropriated to carry out part I of the Foreign Assistance Act of 1 96 1, including funds appropriated under the heading ‘ ‘Assistance for E urope, Eurasia and C entral Asia’’. (i) DI S ASTER SUR G ECA P ACITY.—Funds appropriated under title III of this Act to carry out part I of the Foreign Assistance Act of 1961, including funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, may be used, in addition to funds otherwise available for such purposes, for the cost (including the support costs) of individuals detailed to or employed by USAID whose primary responsibility is to carry out programs in response to natural disasters. ( j ) TECHNICAL A DV ISORS.—Up to $1 3 ,500,000 of the funds made available by this Act in title III for assistance under the heading ‘‘ G lobal H ealth and Child Survival’’, may be used to reimburse United States Government agencies, agencies of State governments, institutions of higher learning, and private and voluntary organi z a- tions for the full cost of individuals (including for the personal services of such individuals) detailed or assigned to, or contracted by, as the case may be, USAID for the purpose of carrying out activities under that heading: Provided, That up to $3,500,000 of the funds made available by this Act for assistance under the heading ‘‘Development Assistance’’ may be used to reimburse such agencies, institutions, and organizations for such costs of such individuals carrying out other development assistance activities. (k) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 66 7 of the Foreign Assistance Act of 1961, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by USAID to employ up to 2 5 personal services contractors in the United States, notwithstanding any other provi- sion of law, for the purpose of providing direct, interim support fornewore x panded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided fu r th er, That such funds appropriated to carry out title II of the Agricultural Trade Development and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace. (l) R ECRUITMENT STRATEGY.— N ot later than December 31, 2009, the USAID Administrator, after consulting with the Secre- taries of Defense, Treasury, Agriculture, Interior, Energy, and Health and Human Services, the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, and the heads of other relevant Federal depart- ments and agencies, shall submit to the Committees on Appropria- tions a recruitment strategy for current and former employees from such departments and agencies who possess skills and / or overseas experience which would enhance USAID’s capacity to carry out its mission: Provided, That funds made available under the Notif i ca tio n.De a dl ine. As si g n m ent.


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 123STA T .89 8 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 heading‘ ‘ Op e r a t ing Ex pen s es ’ ’ intit l e I I of this Ac t m a yb e made a v ailable to implement the strategy described in the previo u s pro - viso , sub j ect to the regular notification procedures of the C ommit- tees on Appropriations .( m )HIR I NG A UTHO RIT Y . —N ot w ithstanding section 307 of the F oreign S ervice Act of 198 0, the U SAI D Administrator may hire up to 30 individuals under the Development L eadership Initiative
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d ,T hat the authority contained in this subsection shall expire on September 30, 2 010. G L O BA LH E ALTH A C TI V ITIE S SEC. 70 6 0. (a) Funds appropriated by titles III and I V of this Act that are made available for bilateral assistance for child survival activities or disease programs including activities relating to research on, and the prevention, treatment and control of, HIV / AIDS may be made available notwithstanding any other provision of law except for the provisions under the heading ‘‘ G lobal Health and Child Survival’’ and the United States Leadership Against HIV/AIDS, Tuberculosis, and M alaria Act of 2003 (117 Stat. 711 22 U.S.C. 7601 et se q .), as amended: Provided, That of the funds appropriated under title III of this Act, not less than $54 5,000,000 should be made available for family planning/reproductive health. (b) Notwithstanding any other provision of this Act, 10 percent of the funds that are appropriated by this Act for a contribution to support the Global Fund to Fight AIDS, Tuberculosis and Malaria (the ‘‘Global Fund’’) shall be withheld from obligation to the Global Fund until the Secretary of State reports to the Committees on Appropriations that the Global Fund— (1) is releasing incremental disbursements only if grantees demonstrate progress against clearly defined performance indicators; and (2) is implementing a reporting system that brea k s down grantee budget allocations by programmatic activity. D EVELO PM ENT GRANTS PROGRAM SEC. 7061. Of the funds appropriated by this Act under the heading ‘‘Development Assistance’’, not less than $40,000,000 shall be made available for the Development Grants P rogram established pursuant to section 674 of the Department of State, Foreign Oper- ations, and R elated Programs Appropriations Act, 2008 (division J of Public Law 110 – 161): Provided, That funds made available under this section are in addition to other funds available for such purposes including funds designated by this Act by section 7065. W OMEN IN DEVELOPMENT SEC. 7062. (a) Programs funded under title III of this Act should include, where appropriate, gender considerations in the planning, assessment, implementation, monitoring and evaluation of such programs. (b) Funds made available under title III of this Act should be made available to support programs to enhance economic opportunities for poor women in developing countries, including increasing the number and capacity of women-owned enterprises, improving property rights for women, increasing access to financial Reports.Ex p i r a tio nd ate.


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 123STA T .89 9 PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 servic es ,and i mp r o vin gw omen ’ sa b i l i ty to participate in t h e global economy .GEND E R-BAS ED VIOL EN C E S EC. 7063 . ( a )Fu nds appropriated under the headings ‘ ‘ D evelop- ment A ssistance’’ and ‘‘ E conomic Support Fund’’ in this Act shall be made available f or programs to address se x ual and gender- based violence. (b) P rograms and activities funded under titles I IIandI V of this Act that provide training for foreign police, j udicial, and military officials shall address, where appropriate, gender-based violence. ED U CA T ION SEC. 706 4 . (a) B ASIC EDUCATION. — ( 1 ) O f the funds appropriated by title III of this Act and by prior Acts for fiscal year 2 00 9, not less than $ 700,000,000 should be made available for assistance for basic education, of which not less than $400,000,000 shall be made available under the heading ‘‘Development Assistance’’. (2) T here shall continue to be a C oordinator of U nited States government actions to provide basic education assistance in developing countries as established in section 664 of division J of Public L aw 110 – 161. (3) Funds appropriated for basic education in this Act shall be made available for a pilot program in three countries to develop and evaluate the effectiveness and implementation of a 5 -year basic education strategic plan. (b) H IG H ER EDUCATION.—Of the funds appropriated by title III of this Act and by prior Acts for fiscal year 2009, not less than $133,000,000 shall be made available for assistance for higher education. RECONCILIATION P ROGRA M S SEC. 7065. Of the funds appropriated under the headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ in this Act, $25,000,000 shall be made available for reconciliation programs which bring together and facilitate interaction between individuals of different ethnic, religious and political bac k grounds from areas of civil conflict and war, of which $9,000,000 shall be made available for such programs in the M iddle East
 * Provide

d , That the Adminis- trator of the United States Agency for International Development shall consult with the Committees on Appropriations, prior to the initial obligation of funds, on the most effective uses of such funds. COMPREHENSIVE E X PENDITURES REPORT SEC. 7066. N ot later than 1 8 0 days after the date of enactment of this Act, the Secretary of State shall submit a report to the Committees on Appropriations detailing the total amount of United States G overnment expenditures in fiscal years 2007 and 2008, by Federal agency, for assistance programs and activities in each foreign country, identifying the line item as presented in the Presi- dent’s Budget Appendix and the purpose for which the funds were Consulta t i on .S t r at eg i cp lan. Continuation. 2 2 U SC2 651 a note.


text: Dictionary of National Biography, 1885-1900/Montgomerie, Alexander (1723-1769)


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Page:United States Statutes at Large Volume 123.djvu/920

 123STA T .90 0 PUBLIC LA W 111 –8—M A R .11, 2009 provide d
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d ,That i f re qu ired, i n for m ation ma yb e s ubmitted in cl assified form .REQU E ST S FO R D O C U M E N TS S EC. 706 7. N one of the funds appropriated or made available pursuant to titles I II throu g h V I of this A ct shall be available to a nongovernmental organi z ation, including any contractor, w hich fails to provide upon timely request any document, file, or record necessary to the auditing requirements of the U nited States Agency for International D evelopment. SEN I OR P O L IC Y OPER A TIN G GROUP SEC. 706 8 . ( a ) The Senior P olicy O perating G roup on Traffic k ing in Persons, established under section 1 0 5 (f) of the Victims of Traf - ficking and Violence Protection Act of 2 000 (22 U.S. C . 710 3 (f)) to coordinate agency activities regarding policies (including grants and grant policies) involving the international trafficking in persons, shall coordinate all such policies related to the activities of traf- fickers and victims of severe forms of trafficking. (b) None of the funds provided under title I of this or any other Act making appropriations for the Department of State, for- eign operations, and related programs shall be e x pended to perform functions that duplicate coordinating responsibilities of the Oper- ating Group. (c) The Operating Group shall continue to report only to the authorities that appointed them pursuant to section 105(f). PRO H I B ITION ON USE OF TORTURE SEC. 706 9 . None of the funds made available in this Act shall be used in any way whatsoever to support or j ustify the use of torture, cruel or inhumane treatment by any official or contract employee of the United States Government. AFRICA SEC. 7070. (a) EX PANDED INTERNATIONAL M ILITARY EDUCATION AND TRAINING. — (1) F unds appropriated under the heading ‘ ‘International Military Education and Training ’ ’ in this Act that are made available for assistance for Angola, Cameroon, Central African R epublic, Chad, Cote D’Ivoire, and Guinea may be made avail- able only for expanded international military education and training. (2) None of the funds appropriated under the heading ‘‘International Military Education and Training’’ in this Act may be made available for assistance for Equatorial Guinea. (b)(1) SUDAN L IMITATION ON ASSISTANCE.—Subject to subsection (2): (A) Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan. ( B ) None of the funds appropriated by this Act may be made available for the cost, as defined in section 502, of the Congressional Budget Act of 197 4, of modifying loans and loan guarantees held by the Government of Sudan, including the


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 123STA T .90 1 PUBLIC LA W 111 –8—M A R .11, 2009 cost o f s el l ing,r e du cing, or c a nceling a m ounts o w edtot h e U nited S tates, and modif y ing concessional loans, guarantees, and credit agreements .(2) Su b section (b)( 1 ) shall not a p ply if the Secretary of State determines and certifies to the C ommittees on A ppropriations that (A) T he G o v ernment of Sudan honors its pledges to cease attac k s upon civilians and disarms and demobili z es the J an j aweed and other government - supported militias. ( B ) The Government of Sudan and all government-sup- ported militia groups are honoring their commitments made in all previous cease-fire agreements. (C) The Government of Sudan is allowing unimpeded access to D arfur to humanitarian aid organizations, the human rights investigation and humanitarian teams of the United N ations, including protection officers, and an international monitoring team that is based in Darfur and has the support of the United States. ( 3 ) EXCEPTIONS . — The provisions of subsection (b)(1) shall not apply to— (A) humanitarian assistance (B) assistance for the Darfur region, Southern Sudan, Southern K ordofan / Nuba M ountains State, Blue Nile State, and Abyei; and (C) assistance to support implementation of the Com- prehensive P eace Agreement and the Darfur Peace Agreement or any other internationally-recognized viable peace agreement in Sudan. ( 4 )DE F INITIONS.— F or the purposes of this Act, the term ‘ ‘Government of Sudan ’ ’ shall not include the Government of Southern Sudan. ( 5 ) Notwithstanding any other law, assistance in this Act may be made available to the Government of Southern Sudan to provide non-lethal military assistance, military education and training, and defense services controlled under the I nternational Traffic in Arms R egulations (22 CRF 12 0 .1etse q .) if the Secretary of State— (A) determines that the provision of such items is in the national interest of the United States; and (B) not later than 15 days before the provision of any such assistance, notifies the Committees on Appropriations of such determination. (c) H O R N OF AFRIC A AN D PAN SA H E L PRO G RA M .—Funds appro- priated under the heading ‘‘Economic Support Fund’’ in this Act that are made available for programs and activities to counter e x tremism in the Horn of Africa and the Pan Sahel region of Africa, shall be administered by the United States Agency for International Development, and are in addition to funds otherwise made available for such purposes. (d) W AR CRIMES IN AFRICA.— (1) The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra L eone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner. (2) Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance for the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living, Det e rmina ti o n .R e p ort s . Dea dl ine. N oti f i c ation. Determination. Determination. C ertification.


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 123STA T .90 2 PUBLIC LA W 111 –8—M A R .11, 2009 iftheS e cr et a r yo f State d eter m i n e s and re p orts to the C ommit - tees on A ppropriations that s u ch g o v ernment is cooperating w ith I C TR and SCS L, inc l uding the surrender and transfer of indictees in a timely manner
 * Provide

d, That this su b section shall not apply to assistance provided under section 5 5 1 of the F oreign Assistance Act of 1 96 1ortopro j ect assistance under title V I of this Act: Provided fu r th er, That the U nited States shall use its voice and vote in the United N ations Secu- rity Council to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner .(3) The prohibition in subsection ( 2 ) may be waived on a country-by-country basis if the P resident determines that doing so is in the national security interest of the United States: Provided, That prior to e x ercising such waiver authority, the President shall submit a report to the Committees on Appropriations, in classified form if necessary, on — (A) the steps being ta k en to obtain the cooperation of the government in surrendering the indictee in q uestion to the court of jurisdiction ( B ) a strategy, including a timeline, for bringing the indictee before such court; and (C) the justification for exercising the waiver authority. (e) ZIMBA B WE .— (1) The Secretary of the Treasury shall instruct the United States executive director to each international financial institu- tion to vote against any extension by the respective institution of any loans to the G overnment of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Sec- retary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association, and a transition government has been established that reflects the will of the people as they voted in the M arch 2 0 0 8 elections. (2) None of the funds appropriated by this Act shall be made available for assistance for the central government of Zimbabwe unless the Secretary of State makes the determina- tion pursuant to subsection (e)(1). A S IA SE C . 7 071. (a) TIBE T .— (1) The Secretary of the Treasury should instruct the United States executive director to each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring. (2) Notwithstanding any other provision of law, not less than $ 7,300,000 of the funds appropriated by this Act under the heading ‘ ‘ E conomic Support Fund ’ ’ should be made available to nongovernmental organi z ations to support activities which Det e rmina ti o n .L oan s . Determination. R e p orts. 2 2 USC 2 15 1 note. Reports. W ai v era u t h orit y . P resi d ent.