[JPRT, 111th Congress]
[From the U.S. Government Publishing Office]
[House Appropriations Committee Print]
Omnibus Appropriations Act, 2009
(H.R. 1105; Public Law 111-8)
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2009
=======================================================================
CONTENTS, DIVISION H
Page
Legislative Text:
Title I--Department of State and Related Agency.............. 1785
Title II--United States Agency for International Development. 1794
Title III--Bilateral Economic Assistance..................... 1796
Title IV--International Security Assistance.................. 1809
Title V--Multilateral Assistance............................. 1811
Title VI--Export and Investment Assistance................... 1812
Title VII--General Provisions................................ 1815
Explanatory Statement:
Title I--Department of State and Related Agency.............. 1873
Title II--United States Agency for International Development. 1891
Title III--Bilateral Economic Assistance..................... 1893
Title IV--International Security Assistance.................. 1920
Title V--Multilateral Assistance............................. 1923
Title VI--Export and Investment Assistance................... 1924
Title VII--General Provisions................................ 1926
[Clerk's note: Five sections which precede division H in
the Omnibus Appropriations Act apply to all divisions of the
Act, including this one. The text of these sections is as
follows:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Omnibus Appropriations Act,
2009''.
SEC. 2. TABLE OF CONTENTS
[Text omitted for purposes of this note]
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to
``this Act'' contained in any division of this Act shall be
treated as referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in
the House of Representatives section of the Congressional
Record on or about February 23, 2009 by the Chairman of the
Committee on Appropriations of the House, shall have the same
effect with respect to the allocation of funds and
implementation of this Act as if it were a joint explanatory
statement of a committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2009.
Reproduced below is the text of division H of the Omnibus
Appropriations Act, 2009 (H.R. 1105; P.L. 111-8) as presented
to the President for signature.]
DIVISION H--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $5,360,318,000, of
which $1,117,000,000 is for Worldwide Security Protection (to
remain available until expended), to be allocated as follows:
(1) Human resources.--For necessary expenses for
training, human resources management, and salaries,
including employment without regard to civil service
and classification laws of persons on a temporary basis
(not to exceed $700,000), as authorized by section 801
of the United States Information and Educational
Exchange Act of 1948, $2,118,598,000 to remain
available until September 30, 2010, of which not less
than $130,637,000 shall be available only for public
diplomacy American salaries.
(2) Overseas programs.--For necessary expenses for
the regional bureaus of the Department of State and
overseas activities as authorized by law,
$1,548,617,000, to remain available until September 30,
2010, of which not less than $264,169,000 shall be
available only for public diplomacy international
information programs.
(3) Diplomatic policy and support.--For necessary
expenses for the functional bureaus of the Department
of State including representation to certain
international organizations in which the United States
participates pursuant to treaties ratified pursuant to
the advice and consent of the Senate or specific Acts
of Congress, general administration, and arms control,
nonproliferation and disarmament activities as
authorized, $585,078,000, to remain available until
September 30, 2010.
(4) Security programs.--For necessary expenses for
security activities, $1,108,025,000, to remain
available until September 30, 2010.
(5) Fees and payments collected.--In addition to
amounts otherwise made available under this heading--
(A) not to exceed $1,605,150 shall be
derived from fees collected from other
executive agencies for lease or use of
facilities located at the International Center
in accordance with section 4 of the
International Center Act, and, in addition, as
authorized by section 5 of such Act, $490,000,
to be derived from the reserve authorized by
that section, to be used for the purposes set
out in that section;
(B) as authorized by section 810 of the
United States Information and Educational
Exchange Act, not to exceed $6,000,000, to
remain available until expended, may be
credited to this appropriation from fees or
other payments received from English teaching,
library, motion pictures, and publication
programs and from fees from educational
advising and counseling and exchange visitor
programs; and
(C) not to exceed $15,000, which shall be
derived from reimbursements, surcharges and
fees for use of Blair House facilities.
(6) Transfer and reprogramming.--
(A) Notwithstanding any provision of this
Act, funds may be reprogrammed within and
between subsections under this heading subject
to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made
available by this Act under the heading
``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading
are available for acquisition by exchange or
purchase of passenger motor vehicles as
authorized by law and, pursuant to 31 U.S.C.
1108(g), for the field examination of programs
and activities in the United States funded from
any account contained in this title.
CIVILIAN STABILIZATION INITIATIVE
For necessary expenses to establish, support, maintain,
mobilize, and deploy a civilian response corps in coordination
with the United States Agency for International Development,
and for related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign
countries or regions, or to enable transition from such strife,
$45,000,000, to remain available until expended: Provided, That
up to $23,014,000 may be made available in fiscal year 2009 to
provide administrative expenses for the Office of the
Coordinator for Reconstruction and Stabilization: Provided
further, That notwithstanding any other provision of law and
following consultation with the Committees on Appropriations,
the President may exercise transfer authorities contained in
the Foreign Assistance Act of 1961 for reconstruction and
stabilization assistance managed by the Office of the
Coordinator for Reconstruction and Stabilization, United States
Department of State, only to support an actively deployed
civilian response corps, subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That not later than 60 days after enactment of this
Act, the Secretary of State and the Administrator of the United
States Agency for International Development shall submit a
coordinated joint spending plan for funds made available under
this heading and under the heading ``Civilian Stabilization
Initiative'' in title II of this Act.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund,
$71,000,000, to remain available until expended, as authorized:
Provided, That section 135(e) of Public Law 103-236 shall not
apply to funds available under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$37,000,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96-465), as it relates to post
inspections.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $538,000,000, to remain available until
expended: Provided, That not to exceed $5,000,000, to remain
available until expended, may be credited to this appropriation
from fees or other payments received from or in connection with
English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized.
REPRESENTATION ALLOWANCES
For representation allowances as authorized, $8,175,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the
Secretary of State to provide for extraordinary protective
services, as authorized, $22,814,000, to remain available until
September 30, 2010.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving,
maintaining, repairing, and planning for buildings that are
owned or directly leased by the Department of State,
renovating, in addition to funds otherwise available, the Harry
S Truman Building, and carrying out the Diplomatic Security
Construction Program as authorized, $801,344,000, to remain
available until expended as authorized, of which not to exceed
$25,000 may be used for domestic and overseas representation as
authorized: Provided, That none of the funds appropriated in
this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $770,000,000, to
remain available until expended: Provided, That funds made
available by this paragraph may not be obligated until a plan
is submitted to the Committees on Appropriations with the
proposed allocation of funds made available by this Act and by
proceeds of sales for all projects in fiscal year 2009:
Provided further, That the Under Secretary for Management,
United States Department of State, shall consult with the
Committees on Appropriations on a regular and ongoing basis on
the design of any proposed self-financed New Embassy Compound.
In addition, for necessary expenses for overseas facility
construction and related costs for the United States Agency for
International Development, pursuant to section 667 of the
Foreign Assistance Act of 1961, $135,225,000, to remain
available until expended.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,000,000, to remain available until
expended as authorized, of which not to exceed $1,000,000 may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``Repatriation Loans Program Account'',
subject to the same terms and conditions.
BUYING POWER MAINTENANCE ACCOUNT
To offset adverse fluctuations in foreign currency exchange
rates and/or overseas wage and price changes, as authorized by
section 24(b) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2696(b)), $5,000,000, to remain available until
expended.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $678,000, as authorized:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974.
In addition, for administrative expenses necessary to carry
out the direct loan program, $675,000, which may be transferred
to, and merged with, funds made available under the heading
``Diplomatic and Consular Programs''.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations
Act (Public Law 96-8), $16,840,000.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
For payment to the Foreign Service Retirement and
Disability Fund, as authorized by law, $157,100,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the
advice and consent of the Senate, conventions or specific Acts
of Congress, $1,529,400,000: Provided, That the Secretary of
State shall, at the time of the submission of the President's
budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the
most recent biennial budget prepared by the United Nations for
the operations of the United Nations: Provided further, That
the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency,
as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program
without identifying an offsetting decrease elsewhere in the
United Nations budget: Provided further, That any payment of
arrearages under this title shall be directed toward activities
that are mutually agreed upon by the United States and the
respective international organization: Provided further, That
none of the funds appropriated in this paragraph shall be
available for a United States contribution to an international
organization for the United States share of interest costs made
known to the United States Government by such organization for
loans incurred on or after October 1, 1984, through external
borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the
maintenance or restoration of international peace and security,
$1,517,000,000, of which 15 percent shall remain available
until September 30, 2010: Provided, That none of the funds made
available by this Act shall be obligated or expended for any
new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for the new or expanded
mission in the United Nations Security Council (or in an
emergency as far in advance as is practicable): (1) the
Committees on Appropriations are notified of the estimated cost
and length of the mission, the national interest that will be
served, and the planned exit strategy; (2) the Committees on
Appropriations are notified that the United Nations has taken
appropriate measures to prevent United Nations employees,
contractor personnel, and peacekeeping forces serving in any
United Nations peacekeeping mission from trafficking in
persons, exploiting victims of trafficking, or committing acts
of illegal sexual exploitation, and to hold accountable
individuals who engage in such acts while participating in the
peacekeeping mission, including the prosecution in their home
countries of such individuals in connection with such acts; and
(3) notification pursuant to section 7015 of this Act is
submitted, and the procedures therein followed, setting forth
the source of funds that will be used to pay for the cost of
the new or expanded mission: Provided further, That funds shall
be available for peacekeeping expenses only upon a
certification by the Secretary of State to the Committees on
Appropriations that American manufacturers and suppliers are
being given opportunities to provide equipment, services, and
material for United Nations peacekeeping activities equal to
those being given to foreign manufacturers and suppliers.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or
specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation; as
follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$32,256,000.
CONSTRUCTION
For detailed plan preparation and construction of
authorized projects, $43,250,000, to remain available until
expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided,
$11,649,000, of which $7,559,000 is for the International Joint
Commission and $1,970,000 is for the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and
$2,120,000 is for the Border Environment Cooperation Commission
as authorized by Public Law 103-182: Provided, That of the
amount provided under this heading for the International Joint
Commission, $9,000 may be made available for representation
expenses 45 days after submission to the Committees on
Appropriations of a report detailing obligations, expenditures,
and associated activities for fiscal years 2006, 2007, and
2008, including any unobligated funds which expired at the end
of each fiscal year and the justification for why such funds
were not obligated.
international fisheries commissions
For necessary expenses for international fisheries
commissions, not otherwise provided for, as authorized by law,
$29,925,000: Provided, That the United States share of such
expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
For necessary expenses to enable the Broadcasting Board of
Governors, as authorized, to carry out international
communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and
television transmission and reception and purchase, lease, and
installation of necessary equipment for radio and television
transmission and reception to Cuba, and to make and supervise
grants for radio and television broadcasting to the Middle
East, $698,187,000: Provided, That of the total amount in this
heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to
exceed $35,000 may be used for representation abroad as
authorized, and not to exceed $39,000 may be used for official
reception and representation expenses of Radio Free Europe/
Radio Liberty; and in addition, notwithstanding any other
provision of law, not to exceed $2,000,000 in receipts from
advertising and revenue from business ventures, not to exceed
$500,000 in receipts from cooperating international
organizations, and not to exceed $1,000,000 in receipts from
privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until
expended for carrying out authorized purposes.
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, and improvement of
facilities for radio and television transmission and reception,
and purchase and installation of necessary equipment for radio
and television transmission and reception as authorized,
$11,296,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to the Asia Foundation, as authorized by the
Asia Foundation Act (22 U.S.C. 4402), $16,000,000, to remain
available until expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of
Peace as authorized in the United States Institute of Peace
Act, $31,000,000, to remain available until September 30, 2010.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-
Western Dialogue Trust Fund, the total amount of the interest
and earnings accruing to such Fund on or before September 30,
2009, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the
Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
5205), all interest and earnings accruing to the Eisenhower
Exchange Fellowship Program Trust Fund on or before September
30, 2009, to remain available until expended: Provided, That
none of the funds appropriated herein shall be used to pay any
salary or other compensation, or to enter into any contract
providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit
Organizations), including the restrictions on compensation for
personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship
Program as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab
Scholarship Fund on or before September 30, 2009, to remain
available until expended.
East-West Center
To enable the Secretary of State to provide for carrying
out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the
Center for Cultural and Technical Interchange Between East and
West in the State of Hawaii, $21,000,000: Provided, That none
of the funds appropriated herein shall be used to pay any
salary, or enter into any contract providing for the payment
thereof, in excess of the rate authorized by 5 U.S.C. 5376.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National
Endowment for Democracy Act, $115,000,000, to remain available
until expended, of which $100,000,000 shall be allocated in the
traditional and customary manner among the core institutes and
$15,000,000 shall be for democracy, human rights, and rule of
law programs, of which $250,000 shall be for programs and
activities in Tibet: Provided, That the President of the
National Endowment for Democracy shall provide to the
Committees on Appropriations not later than 45 days after the
date of enactment of this Act a report on the proposed uses of
funds under this heading on a regional and country basis:
Provided further, That funds made available by this Act for the
promotion of democracy may be made available for the National
Endowment for Democracy notwithstanding any other provision of
law or regulation.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
For necessary expenses for the Commission for the
Preservation of America's Heritage Abroad, $599,000, as
authorized by section 1303 of Public Law 99-83.
Commission on International Religious Freedom
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of
the International Religious Freedom Act of 1998 (Public Law
105-292), $4,000,000, to remain available until September 30,
2010.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304,
$2,610,000, to remain available until September 30, 2010.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive
Commission on the People's Republic of China, as authorized,
$2,000,000, including not more than $3,000 for the purpose of
official representation, to remain available until September
30, 2010.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic
and Security Review Commission, $4,000,000, including not more
than $4,000 for the purpose of official representation, to
remain available until September 30, 2010: Provided, That the
Commission shall provide to the Committees on Appropriations a
quarterly accounting of the cumulative balances of any
unobligated funds that were received by the Commission during
any previous fiscal year: Provided further, That section 308(e)
of the United States-China Relations Act of 2000 (22 U.S.C.
6918(e)) (relating to the treatment of employees as
Congressional employees), and section 309 of such Act (22
U.S.C. 6919) (relating to printing and binding costs), shall
apply to the Commission in the same manner as such section
applies to the Congressional-Executive Commission on the
People's Republic of China: Provided further, That the
Commission shall comply with chapter 43 of title 5, United
States Code, regarding the establishment and regular review of
employee performance appraisals: Provided further, That the
Commission shall comply with section 4505a of title 5, United
States Code, with respect to limitations on payment of
performance-based cash awards: Provided further, That
compensation for the executive director of the Commission may
not exceed the rate payable for level II of the Executive
Schedule under section 5313 of title 5, United States Code:
Provided further, That travel by members of the Commission and
its staff shall be arranged and conducted under the rules and
procedures applying to travel by members of the House of
Representatives and its staff.
United States Senate-China Interparliamentary Group
SALARIES AND EXPENSES
For necessary expenses of the United States Senate-China
Interparliamentary Group, as authorized under section 153 of
the Consolidated Appropriations Act, 2004 (22 U.S.C. 276n;
Public Law 108-99; 118 Stat. 448), $150,000, to remain
available until September 30, 2010.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961,
$808,584,000, of which up to $85,000,000 may remain available
until September 30, 2010: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this Act may be made available to finance
the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by
the United States Agency for International Development (USAID),
unless the USAID Administrator has identified such proposed
construction (including architect and engineering services),
purchase, or long-term lease of offices in a report submitted
to the Committees on Appropriations at least 15 days prior to
the obligation of funds for such purposes: Provided further,
That the previous proviso shall not apply when the total cost
of construction (including architect and engineering services),
purchase, or long-term lease of offices does not exceed
$1,000,000: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through
fiscal year 2010: Provided further, That any decision to open a
new USAID overseas mission or office or, except where there is
a substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such
mission or office, shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the
Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses'' in
accordance with the provisions of those sections: Provided
further, That of the funds appropriated or made available under
this heading, not to exceed $250,000 shall be available for
representation and entertainment allowances, of which not to
exceed $5,000 shall be available for entertainment allowances,
for USAID during the current fiscal year: Provided further,
That no such entertainment funds may be used for the purposes
listed in section 7020 of this Act: Provided further, That
appropriate steps shall be taken to assure that, to the maximum
extent possible, United States-owned foreign currencies are
utilized in lieu of dollars.
CIVILIAN STABILIZATION INITIATIVE
For necessary expenses to carry out section 667 of the
Foreign Assistance Act of 1961 for the United States Agency for
International Development (USAID) to establish, support,
maintain, mobilize, and deploy a civilian response corps in
coordination with the Department of State, and for related
reconstruction and stabilization assistance to prevent or
respond to conflict or civil strife in foreign countries or
regions, or to enable transition from such strife, $30,000,000,
to remain available until expended: Provided, That not later
than 60 days after enactment of this Act, the Secretary of
State and the USAID Administrator shall submit a coordinated
joint spending plan for funds made available under this heading
and under the heading ``Civilian Stabilization Initiative'' in
title I of this Act.
CAPITAL INVESTMENT FUND
For necessary expenses for overseas construction and
related costs, and for the procurement and enhancement of
information technology and related capital investments,
pursuant to section 667 of the Foreign Assistance Act of 1961,
$35,775,000, to remain available until expended: Provided, That
this amount is in addition to funds otherwise available for
such purposes: Provided further, That funds appropriated under
this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of
section 667 of the Foreign Assistance Act of 1961, $42,000,000,
to remain available until September 30, 2010, which sum shall
be available for the Office of the Inspector General of the
United States Agency for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for
other purposes, to remain available until September 30, 2009,
unless otherwise specified herein, as follows:
global health and child survival
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds
otherwise available for such purposes, $1,955,000,000, to
remain available until September 30, 2010, and which shall be
apportioned directly to the United States Agency for
International Development: Provided, That this amount shall be
made available for such activities as: (1) child survival and
maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation
programs which directly address the needs of mothers and
children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5)
programs for the prevention, treatment, control of, and
research on HIV/AIDS, tuberculosis, polio, malaria, and other
infectious diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected
by AIDS; and (6) family planning/reproductive health: Provided
further, That none of the funds appropriated under this
paragraph may be made available for nonproject assistance,
except that funds may be made available for such assistance for
ongoing health activities: Provided further, That of the funds
appropriated under this paragraph, not to exceed $400,000, in
addition to funds otherwise available for such purposes, may be
used to monitor and provide oversight of child survival,
maternal and family planning/reproductive health, and
infectious disease programs: Provided further, That of the
funds appropriated under this paragraph, $75,000,000 should be
made available for a United States contribution to The GAVI
Fund, and up to $5,000,000 may be transferred to, and merged
with, funds appropriated by this Act under the heading
``Operating Expenses'' in title II for costs directly related
to global health, but funds made available for such costs may
not be derived from amounts made available for contributions
under this and preceding provisos: Provided further, That none
of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available
to any organization or program which, as determined by the
President of the United States, supports or participates in the
management of a program of coercive abortion or involuntary
sterilization: Provided further, That any determination made
under the previous proviso must be made no later than 6 months
after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made
available under this Act may be used to pay for the performance
of abortion as a method of family planning or to motivate or
coerce any person to practice abortions: Provided further, That
nothing in this paragraph shall be construed to alter any
existing statutory prohibitions against abortion under section
104 of the Foreign Assistance Act of 1961: Provided further,
That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, That
in order to reduce reliance on abortion in developing nations,
funds shall be available only to voluntary family planning
projects which offer, either directly or through referral to,
or information about access to, a broad range of family
planning methods and services, and that any such voluntary
family planning project shall meet the following requirements:
(1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family
planning (this provision shall not be construed to include the
use of quantitative estimates or indicators for budgeting and
planning purposes); (2) the project shall not include payment
of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning
acceptor; or (B) program personnel for achieving a numerical
target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of
family planning; (3) the project shall not deny any right or
benefit, including the right of access to participate in any
program of general welfare or the right of access to health
care, as a consequence of any individual's decision not to
accept family planning services; (4) the project shall provide
family planning acceptors comprehensible information on the
health benefits and risks of the method chosen, including those
conditions that might render the use of the method inadvisable
and those adverse side effects known to be consequent to the
use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical
procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which
the Administrator of the United States Agency for International
Development determines that there has been a violation of the
requirements contained in paragraph (1), (2), (3), or (5) of
this proviso, or a pattern or practice of violations of the
requirements contained in paragraph (4) of this proviso, the
Administrator shall submit to the Committees on Appropriations
a report containing a description of such violation and the
corrective action taken by the Agency: Provided further, That
in awarding grants for natural family planning under section
104 of the Foreign Assistance Act of 1961 no applicant shall be
discriminated against because of such applicant's religious or
conscientious commitment to offer only natural family planning;
and, additionally, all such applicants shall comply with the
requirements of the previous proviso: Provided further, That
for purposes of this or any other Act authorizing or
appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed
to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options: Provided
further, That information provided about the use of condoms as
part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall
include the public health benefits and failure rates of such
use.
In addition, for necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 for the
prevention, treatment, and control of, and research on, HIV/
AIDS, $5,159,000,000, to remain available until expended, and
which shall be apportioned directly to the Department of State:
Provided, That of the funds appropriated under this paragraph,
not less than $600,000,000 shall be made available,
notwithstanding any other provision of law, except for the
United States Leadership Against HIV/AIDS, Tuberculosis and
Malaria Act of 2003 (Public Law 108-25), as amended, for a
United States contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria, and shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That up to 5 percent of the
aggregate amount of funds made available to the Global Fund in
fiscal year 2009 may be made available to the United States
Agency for International Development for technical assistance
related to the activities of the Global Fund: Provided further,
That of the funds appropriated under this paragraph, up to
$14,000,000 may be made available, in addition to amounts
otherwise available for such purposes, for administrative
expenses of the Office of the Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of
sections 103, 105, 106, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$1,800,000,000, to remain available until September 30, 2010:
Provided, That of the funds appropriated under this heading
that are made available for assistance programs for displaced
and orphaned children and victims of war, not to exceed
$44,000, in addition to funds otherwise available for such
purposes, may be used to monitor and provide oversight of such
programs: Provided further, That of the funds appropriated by
this Act and prior Acts for fiscal year 2009, not less than
$245,000,000 shall be made available for microenterprise and
microfinance development programs for the poor, especially
women: Provided further, That of the funds appropriated under
this heading, not less than $22,500,000 shall be made available
for the American Schools and Hospitals Abroad program: Provided
further, That of the funds appropriated under this heading,
$10,000,000 shall be made available for cooperative development
programs within the Office of Private and Voluntary
Cooperation: Provided further, That of the funds appropriated
by this Act and prior Acts for fiscal year 2009, not less than
$300,000,000 shall be made available for water and sanitation
supply projects pursuant to the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121), of which not less
than $125,000,000 should be made available for such projects in
Africa: Provided further, That of the funds appropriated by
title III of this Act, not less than $375,000,000 shall be made
available for agricultural development programs, of which not
less than $29,000,000 shall be made available for Collaborative
Research Support Programs: Provided further, That of the funds
appropriated under this heading, $75,000,000 shall be made
available to enhance global food security, including for local
or regional purchase and distribution of food, in addition to
funds otherwise made available for such purposes, and
notwithstanding any other provision of law: Provided further,
That prior to the obligation of funds pursuant to the previous
proviso and after consultation with other relevant Federal
departments and agencies, the Committees on Appropriations, and
relevant nongovernmental organizations, the Administrator of
the United States Agency for International Development shall
submit to the Committees on Appropriations a strategy for
achieving the goals of funding for global food security
programs, specifying the intended country beneficiaries,
amounts of funding, types of activities to be funded, and
expected quantifiable results: Provided further, That of the
funds appropriated under this heading for agricultural
development programs, not less than $7,000,000 shall be made
available for a United States contribution to the endowment of
the Global Crop Diversity Trust pursuant to section 3202 of
Public Law 110-246: Provided further, That of the funds
appropriated under this heading, not less than $15,000,000
shall be made available for programs to improve women's
leadership capacity in recipient countries.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of
section 491 of the Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and
reconstruction assistance, $350,000,000, to remain available
until expended.
TRANSITION INITIATIVES
For necessary expenses for international disaster
rehabilitation and reconstruction assistance pursuant to
section 491 of the Foreign Assistance Act of 1961, $50,000,000,
to remain available until expended, to support transition to
democracy and to long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a
report to the Committees on Appropriations at least 5 days
prior to beginning a new program of assistance: Provided
further, That if the President determines that it is important
to the national interests of the United States to provide
transition assistance in excess of the amount appropriated
under this heading, up to $15,000,000 of the funds appropriated
by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds
appropriated under this heading: Provided further, That funds
made available pursuant to the previous proviso shall be made
available subject to prior consultation with the Committees on
Appropriations.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans and loan guarantees provided
by the United States Agency for International Development, as
authorized by sections 256 and 635 of the Foreign Assistance
Act of 1961, up to $25,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act
and under the heading ``Assistance for Europe, Eurasia and
Central Asia'': Provided, That funds provided under this
paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made
available only for micro and small enterprise programs, urban
programs, and other programs which further the purposes of part
I of such Act: Provided further, That such costs, including the
cost of modifying such direct and guaranteed loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974,
as amended: Provided further, That funds made available by this
paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used
for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That the provisions of section 107A(d) (relating to
general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this
heading: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $700,000,000.
In addition, for administrative expenses to carry out
credit programs administered by the United States Agency for
International Development, $8,000,000, which may be transferred
to, and merged with, funds made available under the heading
``Operating Expenses'' in title II of this Act: Provided, That
funds made available under this heading shall remain available
until September 30, 2011.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,007,000,000, to remain available until September 30, 2010:
Provided, That of the funds appropriated under this heading,
$200,000,000 shall be available only for Egypt, which sum shall
be provided on a grant basis, and of which sum cash transfer
assistance shall be provided with the understanding that Egypt
will undertake significant economic and democratic reforms
which are additional to those which were undertaken in previous
fiscal years: Provided further, That of the funds appropriated
under this heading for assistance for Egypt, up to $20,000,000
shall be made available for democracy, human rights and
governance programs, and not less than $35,000,000 shall be
made available for education programs, of which not less than
$10,000,000 is for scholarships for Egyptian students with high
financial need: Provided further, That $11,000,000 of the funds
appropriated under this heading should be made available for
Cyprus to be used only for scholarships, administrative support
of the scholarship program, bicommunal projects, and measures
aimed at reunification of the island and designed to reduce
tensions and promote peace and cooperation between the two
communities on Cyprus: Provided further, That of the funds
appropriated under this heading, not less than $263,547,000
shall be made available for assistance for Jordan: Provided
further, That of the funds appropriated under this heading not
more than $75,000,000 may be made available for assistance for
the West Bank and Gaza, of which not to exceed $2,000,000 may
be used for administrative expenses of the United States Agency
for International Development (USAID), in addition to funds
otherwise available for such purposes, to carry out programs in
the West Bank and Gaza: Provided further, That $67,500,000 of
the funds appropriated under this heading shall be made
available for assistance for Lebanon, of which not less than
$10,000,000 shall be made available for educational
scholarships for students in Lebanon with high financial need:
Provided further, That $200,000,000 of the funds made available
for assistance for Afghanistan under this heading may be
obligated for such assistance only after the Secretary of State
certifies to the Committees on Appropriations that the
Government of Afghanistan at both the national and provincial
level is cooperating fully with United States-funded poppy
eradication and interdiction efforts in Afghanistan: Provided
further, That the President may waive the previous proviso if
the President determines and reports to the Committees on
Appropriations that to do so is in the national security
interests of the United States: Provided further, That of the
funds appropriated under this heading, $200,000,000 shall be
apportioned directly to USAID for alternative development/
institution building programs in Colombia: Provided further,
That of the funds appropriated under this heading that are
available for Colombia, not less than $3,500,000 shall be
transferred to, and merged with, funds appropriated under the
heading ``Migration and Refugee Assistance'' and shall be made
available only for assistance to nongovernmental organizations
that provide emergency relief aid to Colombian refugees in
neighboring countries.
DEMOCRACY FUND
(a) For necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the promotion of
democracy globally, $116,000,000, to remain available until
September 30, 2011, of which not less than $74,000,000 shall be
made available for the Human Rights and Democracy Fund of the
Bureau of Democracy, Human Rights and Labor, Department of
State, and not less than $37,000,000 shall be made available
for the Office of Democracy and Governance of the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development.
(b) Of the funds appropriated under this heading that are
made available to the Bureau of Democracy, Human Rights and
Labor, not less than $17,000,000 shall be made available for
the promotion of democracy in the People's Republic of China,
Hong Kong, and Taiwan, and not less than $6,500,000 shall be
made available for the promotion of democracy in countries
located outside the Middle East region with a significant
Muslim population, and where such programs and activities would
be important to respond to, deter, or prevent extremism:
Provided, That assistance for Taiwan should be matched from
sources other than the United States Government.
(c) Of the funds appropriated under this heading that are
made available to the Bureau for Democracy, Conflict, and
Humanitarian Assistance, not less than $19,500,000 shall be
made available for the Elections and Political Process Fund,
$7,500,000 shall be made available for international labor
programs, and not less than $10,000,000 shall be made available
to provide institutional and core support for organizations
that promote human rights, independent media and the rule of
law.
(d) Funds appropriated by this Act that are made available
for the promotion of democracy may be made available
notwithstanding any other provision of law. Funds appropriated
under this heading are in addition to funds otherwise made
available for such purposes.
(e) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the rule
of law, and otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, institutions, and practices that are
responsive and accountable to citizens.
(f) Any contract, grant, or cooperative agreement (or any
amendment to any contract, grant, or cooperative agreement) in
excess of $1,000,000 of funds under this heading, and in excess
of $2,500,000 under other headings in this Act, for the
promotion of democracy, with the exception of programs and
activities of the National Endowment for Democracy, shall be
subject to the regular notification procedures of the
Committees on Appropriations.
international fund for ireland
For necessary expenses to carry out the provisions of
chapter 4 of part II of the Foreign Assistance Act of 1961,
$15,000,000, which shall be available for the United States
contribution to the International Fund for Ireland and shall be
made available in accordance with the provisions of the Anglo-
Irish Agreement Support Act of 1986 (Public Law 99-415):
Provided, That such amount shall be expended at the minimum
rate necessary to make timely payment for projects and
activities: Provided further, That funds made available under
this heading shall remain available until September 30, 2010.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For necessary expenses to carry out the provisions of the
Foreign Assistance Act of 1961, the FREEDOM Support Act, and
the Support for East European Democracy (SEED) Act of 1989,
$650,000,000, to remain available until September 30, 2010,
which shall be available, notwithstanding any other provision
of law, for assistance and for related programs for countries
identified in section 3 of the FREEDOM Support Act and section
3(c) of the SEED Act: Provided, That funds appropriated under
this heading shall be considered to be economic assistance
under the Foreign Assistance Act of 1961 for purposes of making
available the administrative authorities contained in that Act
for the use of economic assistance: Provided further, That
notwithstanding any provision of this or any other Act, funds
appropriated in prior years under the headings ``Independent
States of the Former Soviet Union'' and similar headings and
``Assistance for Eastern Europe and the Baltic States'' and
similar headings, and currencies generated by or converted from
such funds, shall be available for use in any country for which
funds are made available under this heading without regard to
the geographic limitations of the heading under which such
funds were originally appropriated: Provided further, That
funds made available for the Southern Caucasus region may be
used for confidence-building measures and other activities in
furtherance of the peaceful resolution of conflicts, including
in Nagorno-Karabagh.
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961, $875,000,000, to remain
available until September 30, 2010: Provided, That during
fiscal year 2009, the Department of State may also use the
authority of section 608 of the Foreign Assistance Act of 1961,
without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing it to a foreign country or international
organization under chapter 8 of part I of that Act subject to
the regular notification procedures of the Committees on
Appropriations: Provided further, That the Secretary of State
shall provide to the Committees on Appropriations not later
than 45 days after the date of the enactment of this Act and
prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That none of
the funds appropriated under this heading for assistance for
Afghanistan may be made available for eradication programs
through the aerial spraying of herbicides unless the Secretary
of State determines and reports to the Committees on
Appropriations that the President of Afghanistan has requested
assistance for such aerial spraying programs for
counternarcotics or counterterrorism purposes: Provided
further, That in the event the Secretary of State makes a
determination pursuant to the previous proviso, the Secretary
shall consult with the Committees on Appropriations prior to
the obligation of funds for such eradication programs: Provided
further, That of the funds appropriated under this heading,
$5,000,000 should be made available to combat piracy of United
States copyrighted materials, consistent with the requirements
of section 688(a) and (b) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161): Provided further, That none
of the funds appropriated under this heading for assistance for
Colombia shall be made available for budget support or as cash
payments: Provided further, That of the funds appropriated
under this heading for administrative expenses, ten percent
shall be withheld from obligation until the Secretary of State
submits a report to the Committees on Appropriations detailing
all salaries funded under this heading in fiscal years 2007 and
2008, and such salaries proposed in fiscal year 2009.
ANDEAN COUNTERDRUG PROGRAMS
For necessary expenses to carry out section 481 of the
Foreign Assistance Act of 1961 to support counterdrug
activities in the Andean region of South America, $315,000,000,
to remain available until September 30, 2010: Provided, That
the Secretary of State, in consultation with the Administrator
of the United States Agency for International Development
(USAID), shall provide to the Committees on Appropriations not
later than 45 days after the date of the enactment of this Act
and prior to the initial obligation of funds appropriated under
this heading, a report on the proposed uses of all funds under
this heading on a country-by-country basis for each proposed
program, project, or activity: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to
funds appropriated under this heading: Provided further, That
assistance provided with funds appropriated under this heading
that is made available notwithstanding section 482(b) of the
Foreign Assistance Act of 1961 shall be made available subject
to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated under
this heading that are made available for assistance for the
Bolivian military and police may be made available for such
purposes only if the Secretary of State certifies to the
Committees on Appropriations that the Bolivian military and
police are respecting internationally recognized human rights
and cooperating fully with investigations and prosecutions by
civilian judicial authorities of military and police personnel
who have been credibly alleged to have violated such rights:
Provided further, That of the funds appropriated under this
heading, not more than $16,730,000 may be available for
administrative expenses of the Department of State, and not
more than $8,000,000 of the funds made available for
alternative development/institution building programs under the
heading ``Economic Support Fund'' in this Act may be available,
in addition to amounts otherwise available for such purposes,
for administrative expenses of USAID.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
For necessary expenses for nonproliferation, anti-
terrorism, demining and related programs and activities,
$525,000,000, to carry out the provisions of chapter 8 of part
II of the Foreign Assistance Act of 1961 for anti-terrorism
assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of
1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign
Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United
States contribution to the Comprehensive Nuclear Test Ban
Treaty Preparatory Commission: Provided, That of this amount
not to exceed $41,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament
Fund, notwithstanding any other provision of law, to promote
bilateral and multilateral activities relating to
nonproliferation and disarmament: Provided further, That such
funds may also be used for such countries other than the
Independent States of the former Soviet Union and international
organizations when it is in the national security interest of
the United States to do so: Provided further, That funds
appropriated under this heading may be made available for IAEA
only if the Secretary of State determines (and so reports to
the Congress) that Israel is not being denied its right to
participate in the activities of that Agency: Provided further,
That of the funds appropriated under this heading, not more
than $750,000 may be made available for public-private
partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract: Provided further, That of
the funds made available for demining and related activities,
not to exceed $700,000, in addition to funds otherwise
available for such purposes, may be used for administrative
expenses related to the operation and management of the
demining program: Provided further, That funds appropriated
under this heading that are available for ``Anti-terrorism
Assistance'' and ``Export Control and Border Security'' shall
remain available until September 30, 2010.
migration and refugee assistance
For necessary expenses, not otherwise provided for, to
enable the Secretary of State to provide, as authorized by law,
a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the
International Organization for Migration and the United Nations
High Commissioner for Refugees, and other activities to meet
refugee and migration needs; salaries and expenses of personnel
and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of
title 5, United States Code; purchase and hire of passenger
motor vehicles; and services as authorized by section 3109 of
title 5, United States Code, $931,000,000, to remain available
until expended, of which not less than $30,000,000 shall be
made available for refugees resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
For necessary expenses to carry out the provisions of
section 2(c) of the Migration and Refugee Assistance Act of
1962, as amended (22 U.S.C. 2601(c)), $40,000,000, to remain
available until expended.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the
Peace Corps Act (75 Stat. 612), including the purchase of not
to exceed five passenger motor vehicles for administrative
purposes for use outside of the United States, $340,000,000 to
remain available until September 30, 2010: Provided, That none
of the funds appropriated under this heading shall be used to
pay for abortions: Provided further, That the Director of the
Peace Corps may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to
exceed $4,000,000: Provided further, That funds transferred
pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations:
Provided further, That of the funds appropriated under this
heading, not to exceed $4,000 shall be made available for
entertainment expenses: Provided further, That any decision to
open a new domestic office or to close, or significantly reduce
the number of personnel of, any office, shall be subject to the
regular notification procedures of the Committees on
Appropriations.
MILLENNIUM CHALLENGE CORPORATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $875,000,000 to remain
available until expended: Provided, That of the funds
appropriated under this heading, up to $95,000,000 may be
available for administrative expenses of the Millennium
Challenge Corporation (the Corporation): Provided further, That
up to 10 percent of the funds appropriated under this heading
may be made available to carry out the purposes of section 616
of the Millennium Challenge Act of 2003 for candidate countries
for fiscal year 2009: Provided further, That none of the funds
available to carry out section 616 of such Act may be made
available until the Chief Executive Officer of the Corporation
provides a report to the Committees on Appropriations listing
the candidate countries that will be receiving assistance under
section 616 of such Act, the level of assistance proposed for
each such country, a description of the proposed programs,
projects and activities, and the implementing agency or
agencies of the United States Government: Provided further,
That section 605(e)(4) of the Millennium Challenge Act of 2003
shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into
pursuant to section 609 of the Millennium Challenge Act of 2003
only if such Compact obligates, or contains a commitment to
obligate subject to the availability of funds and the mutual
agreement of the parties to the Compact to proceed, the entire
amount of the United States Government funding anticipated for
the duration of the Compact: Provided further, That the
Corporation should reimburse the United States Agency for
International Development (USAID) for all expenses incurred by
USAID with funds appropriated under this heading in assisting
the Corporation in carrying out the Millennium Challenge Act of
2003 (22 U.S.C. 7701 et seq.), including administrative costs
for compact development, negotiation, and implementation:
Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 shall be available for
representation and entertainment allowances, of which not to
exceed $5,000 shall be available for entertainment allowances.
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the
Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969, $22,500,000,
to remain available until September 30, 2010: Provided, That of
the funds appropriated under this heading, not to exceed $3,000
shall be available for entertainment and representation
allowances.
AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the
International Security and Development Cooperation Act of 1980
(Public Law 96-533), $32,500,000, to remain available until
September 30, 2010: Provided, That funds made available to
grantees may be invested pending expenditure for project
purposes when authorized by the Board of Directors of the
Foundation: Provided further, That interest earned shall be
used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act, in exceptional
circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to $10,000 if the increase is due solely to foreign currency
fluctuation: Provided further, That the Foundation shall
provide a report to the Committees on Appropriations after each
time such waiver authority is exercised.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of
section 129 of the Foreign Assistance Act of 1961, $25,000,000,
to remain available until September 30, 2011, which shall be
available notwithstanding any other provision of law.
DEBT RESTRUCTURING
For the cost, as defined in section 502 of the
Congressional Budget Act of 1974, of modifying loans and loan
guarantees, as the President may determine, for which funds
have been appropriated or otherwise made available for programs
within the International Affairs Budget Function 150, including
the cost of selling, reducing, or canceling amounts owed to the
United States as a result of concessional loans made to
eligible countries, pursuant to parts IV and V of the Foreign
Assistance Act of 1961, of modifying concessional credit
agreements with least developed countries, as authorized under
section 411 of the Agricultural Trade Development and
Assistance Act of 1954, as amended, of concessional loans,
guarantees and credit agreements, as authorized under section
572 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1989 (Public Law 100-461), and of
canceling amounts owed, as a result of loans or guarantees made
pursuant to the Export-Import Bank Act of 1945, by countries
that are eligible for debt reduction pursuant to title V of
H.R. 3425 as enacted into law by section 1000(a)(5) of Public
Law 106-113, $60,000,000, to remain available until September
30, 2011: Provided, That not less than $20,000,000 of the funds
appropriated under this heading shall be made available to
carry out the provisions of part V of the Foreign Assistance
Act of 1961: Provided further, That amounts paid to the HIPC
Trust Fund may be used only to fund debt reduction under the
enhanced HIPC initiative by--
(1) the Inter-American Development Bank;
(2) the African Development Fund;
(3) the African Development Bank; and
(4) the Central American Bank for Economic
Integration:
Provided further, That funds may not be paid to the HIPC Trust
Fund for the benefit of any country if the Secretary of State
has credible evidence that the government of such country is
engaged in a consistent pattern of gross violations of
internationally recognized human rights or in military or civil
conflict that undermines its ability to develop and implement
measures to alleviate poverty and to devote adequate human and
financial resources to that end: Provided further, That on the
basis of final appropriations, the Secretary of the Treasury
shall consult with the Committees on Appropriations concerning
which countries and international financial institutions are
expected to benefit from a United States contribution to the
HIPC Trust Fund during the fiscal year: Provided further, That
the Secretary of the Treasury shall notify the Committees on
Appropriations not less than 15 days in advance of the
signature of an agreement by the United States to make payments
to the HIPC Trust Fund of amounts for such countries and
institutions: Provided further, That the Secretary of the
Treasury may disburse funds designated for debt reduction
through the HIPC Trust Fund only for the benefit of countries
that--
(1) have committed, for a period of 24 months, not
to accept new market-rate loans from the international
financial institution receiving debt repayment as a
result of such disbursement, other than loans made by
such institutions to export-oriented commercial
projects that generate foreign exchange which are
generally referred to as ``enclave'' loans; and
(2) have documented and demonstrated their
commitment to redirect their budgetary resources from
international debt repayments to programs to alleviate
poverty and promote economic growth that are additional
to or expand upon those previously available for such
purposes:
Provided further, That any limitation of subsection (e) of
section 411 of the Agricultural Trade Development and
Assistance Act of 1954 shall not apply to funds appropriated
under this heading: Provided further, That none of the funds
made available under this heading in this or any other
appropriations Act shall be made available for Sudan or Burma
unless the Secretary of the Treasury determines and notifies
the Committees on Appropriations that a democratically elected
government has taken office.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of
section 551 of the Foreign Assistance Act of 1961,
$250,200,000: Provided, That of the funds made available under
this heading, not less than $25,000,000 shall be made available
for a United States contribution to the Multinational Force and
Observers mission in the Sinai: Provided further, That none of
the funds appropriated under this heading shall be obligated or
expended except as provided through the regular notification
procedures of the Committees on Appropriations.
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of
section 541 of the Foreign Assistance Act of 1961, $91,000,000,
of which up to $4,000,000 may remain available until expended
and may only be provided through the regular notification
procedures of the Committees on Appropriations: Provided, That
the civilian personnel for whom military education and training
may be provided under this heading may include civilians who
are not members of a government whose participation would
contribute to improved civil-military relations, civilian
control of the military, or respect for human rights: Provided
further, That funds made available under this heading for
assistance for Haiti, Guatemala, the Democratic Republic of the
Congo, Nigeria, Sri Lanka, Nepal, Ethiopia, Bangladesh, Libya,
and Angola may only be provided through the regular
notification procedures of the Committees on Appropriations and
any such notification shall include a detailed description of
proposed activities: Provided further, That of the funds
appropriated under this heading, not to exceed $55,000 shall be
available for entertainment allowances.
foreign military financing program
For necessary expenses for grants to enable the President
to carry out the provisions of section 23 of the Arms Export
Control Act, $4,635,000,000: Provided, That of the funds
appropriated under this heading, not less than $2,380,000,000
shall be available for grants only for Israel, and not less
than $1,300,000,000 shall be made available for grants only for
Egypt, including for border security programs and activities in
the Sinai: Provided further, That the funds appropriated by
this paragraph for Israel shall be disbursed within 30 days of
the enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel by this
paragraph shall, as agreed by the United States and Israel, be
available for advanced weapons systems, of which not less than
$670,650,000 shall be available for the procurement in Israel
of defense articles and defense services, including research
and development: Provided further, That of the funds
appropriated by this paragraph, $235,000,000 shall be made
available for assistance for Jordan: Provided further, That of
the funds appropriated under this heading, not more than
$53,000,000 shall be available for Colombia, of which
$12,500,000 is available to support maritime interdiction:
Provided further, That funds appropriated under this heading
for assistance for Pakistan may be made available only for
border security, counter-terrorism and law enforcement
activities directed against Al Qaeda, the Taliban and
associated terrorist groups: Provided further, That none of the
funds made available under this heading shall be made available
to support or continue any program initially funded under the
authority of section 1206 of the National Defense Authorization
Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3456)
unless the Secretary of State has previously justified such
program to the Committees on Appropriations: Provided further,
That funds appropriated or otherwise made available by this
paragraph shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further,
That funds made available under this paragraph shall be
obligated upon apportionment in accordance with paragraph
(5)(C) of title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall
be available to finance the procurement of defense articles,
defense services, or design and construction services that are
not sold by the United States Government under the Arms Export
Control Act unless the foreign country proposing to make such
procurements has first signed an agreement with the United
States Government specifying the conditions under which such
procurements may be financed with such funds: Provided, That
all country and funding level increases in allocations shall be
submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That none of the
funds appropriated under this heading may be made available for
assistance for Nepal, Sri Lanka, Pakistan, Bangladesh,
Philippines, Indonesia, Bosnia and Herzegovina, Haiti,
Guatemala, Ethiopia, and the Democratic Republic of the Congo
except pursuant to the regular notification procedures of the
Committees on Appropriations: Provided further, That funds made
available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of
unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign
Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may
utilize funds made available under this heading for procurement
of defense articles, defense services or design and
construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further,
That funds appropriated under this heading shall be expended at
the minimum rate necessary to make timely payment for defense
articles and services: Provided further, That not more than
$51,420,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of
passenger motor vehicles for replacement only for use outside
of the United States, for the general costs of administering
military assistance and sales, except that this limitation may
be exceeded only through the regular notification procedures of
the Committees on Appropriations: Provided further, That of the
funds appropriated under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 shall be available for entertainment expenses and not to
exceed $130,000 shall be available for representation
allowances: Provided further, That not more than $470,000,000
of funds realized pursuant to section 21(e)(1)(A) of the Arms
Export Control Act may be obligated for expenses incurred by
the Department of Defense during fiscal year 2009 pursuant to
section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations:
Provided further, That funds appropriated under this heading
estimated to be outlayed for Egypt during fiscal year 2009
shall be transferred to an interest bearing account for Egypt
in the Federal Reserve Bank of New York within 30 days of
enactment of this Act.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of
section 301 of the Foreign Assistance Act of 1961, and of
section 2 of the United Nations Environment Program
Participation Act of 1973, $352,500,000: Provided, That section
307(a) of the Foreign Assistance Act of 1961 shall not apply to
contributions to the United Nations Democracy Fund.
international financial institutions
global environment facility
For the United States contribution for the Global
Environment Facility, $80,000,000, to the International Bank
for Reconstruction and Development as trustee for the Global
Environment Facility, by the Secretary of the Treasury, to
remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $1,115,000,000, to remain
available until expended.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
For payment to the Enterprise for the Americas Multilateral
Investment Fund by the Secretary of the Treasury, for the
United States contribution to the fund, $25,000,000, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the Asian Development
Fund, as authorized by the Asian Development Bank Act, as
amended, $105,000,000, to remain available until expended.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For the United States contribution by the Secretary of the
Treasury to the increase in resources of the African
Development Fund, $150,000,000, to remain available until
expended.
contribution to the international fund for agricultural development
For the United States contribution by the Secretary of the
Treasury to increase the resources of the International Fund
for Agricultural Development, $18,000,000, to remain available
until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $2,500,000, to remain available until
September 30, 2010.
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in
accordance with law, and to make such contracts and commitments
without regard to fiscal year limitations, as provided by
section 104 of the Government Corporation Control Act, as may
be necessary in carrying out the program for the current fiscal
year for such corporation: Provided, That none of the funds
available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of
nuclear equipment, fuel, or technology to any country, other
than a nuclear-weapon state as defined in Article IX of the
Treaty on the Non-Proliferation of Nuclear Weapons eligible to
receive economic or military assistance under this Act, that
has detonated a nuclear explosive after the date of the
enactment of this Act: Provided further, That notwithstanding
section 1(c) of Public Law 103-428, as amended, sections 1(a)
and (b) of Public Law 103-428 shall remain in effect through
October 1, 2009: Provided further, That not less than 10
percent of the aggregate loan, guarantee, and insurance
authority available to the Export-Import Bank under this Act
should be used for renewable energy technologies or energy
efficient end-use technologies.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance,
and tied-aid grants as authorized by section 10 of the Export-
Import Bank Act of 1945, as amended, not to exceed $41,000,000:
Provided, That such costs, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such funds shall
remain available until September 30, 2024, for the disbursement
of direct loans, loan guarantees, insurance and tied-aid grants
obligated in fiscal years 2009, 2010, 2011, and 2012: Provided
further, That none of the funds appropriated by this Act or any
prior Acts appropriating funds for the Department of State,
foreign operations, and related programs for tied-aid credits
or grants may be used for any other purpose except through the
regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated by
this paragraph are made available notwithstanding section
2(b)(2) of the Export-Import Bank Act of 1945, in connection
with the purchase or lease of any product by any Eastern
European country, any Baltic State or any agency or national
thereof.
ADMINISTRATIVE EXPENSES
For administrative expenses to carry out the direct and
guaranteed loan and insurance programs, including hire of
passenger motor vehicles and services as authorized by 5 U.S.C.
3109, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors,
not to exceed $81,500,000: Provided, That the Export-Import
Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical
services in connection with any transaction for which an
application for a loan, guarantee or insurance commitment has
been made: Provided further, That notwithstanding subsection
(b) of section 117 of the Export Enhancement Act of 1992,
subsection (a) thereof shall remain in effect until October 1,
2009.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this
account: Provided, That the sums herein appropriated from the
General Fund shall be reduced on a dollar-for-dollar basis by
such offsetting collections so as to result in a final fiscal
year appropriation from the General Fund estimated at $0:
Provided further, That of amounts collected in fiscal year 2009
in excess of obligations, up to $75,000,000, shall become
available on September 1, 2009 and shall remain available until
September 30, 2012.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the
limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance
programs (including an amount for official reception and
representation expenses which shall not exceed $35,000) shall
not exceed $50,600,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred
in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors
pursuant to section 234 of the Foreign Assistance Act of 1961,
shall not be considered administrative expenses for the
purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $29,000,000,
as authorized by section 234 of the Foreign Assistance Act of
1961, to be derived by transfer from the Overseas Private
Investment Corporation Noncredit Account: Provided, That such
costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such sums shall be available for direct
loan obligations and loan guaranty commitments incurred or made
during fiscal years 2009, 2010, and 2011: Provided further,
That funds so obligated in fiscal year 2009 remain available
for disbursement through 2017; funds obligated in fiscal year
2010 remain available for disbursement through 2018; and funds
obligated in fiscal year 2011 remain available for disbursement
through 2019: Provided further, That notwithstanding any other
provision of law, the Overseas Private Investment Corporation
is authorized to undertake any program authorized by title IV
of the Foreign Assistance Act of 1961 in Iraq: Provided
further, That funds made available pursuant to the authority of
the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for
administrative expenses to carry out the credit program may be
derived from amounts available for administrative expenses to
carry out the credit and insurance programs in the Overseas
Private Investment Corporation Noncredit Account and merged
with said account.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of
section 661 of the Foreign Assistance Act of 1961, $50,800,000,
to remain available until September 30, 2010.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act
shall be available, except as otherwise provided, for
allowances and differentials as authorized by subchapter 59 of
title 5, United States Code; for services as authorized by 5
U.S.C. 3109; and for hire of passenger transportation pursuant
to 31 U.S.C. 1343(b).
UNOBLIGATED BALANCES REPORT
Sec. 7002. Any Department or Agency to which funds are
appropriated or otherwise made available by this Act shall
provide to the Committees on Appropriations a quarterly
accounting of cumulative balances by program, project, and
activity of the funds received by such Department or Agency in
this fiscal year or any previous fiscal year that remain
unobligated and unexpended.
CONSULTING SERVICES
Sec. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement
contract, pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act,
except as provided in subsection (b), a project to construct a
diplomatic facility of the United States may not include office
space or other accommodations for an employee of a Federal
agency or department if the Secretary of State determines that
such department or agency has not provided to the Department of
State the full amount of funding required by subsection (e) of
section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section
1000(a)(7) of Public Law 106-113 and contained in appendix G of
that Act; 113 Stat. 1501A-453), as amended by section 629 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a
project to construct a diplomatic facility of the United States
may include office space or other accommodations for members of
the United States Marine Corps.
PERSONNEL ACTIONS
Sec. 7005. Any costs incurred by a department or agency
funded under title I of this Act resulting from personnel
actions taken in response to funding reductions included in
this Act shall be absorbed within the total budgetary resources
available under title I to such department or agency: Provided,
That the authority to transfer funds between appropriations
accounts as may be necessary to carry out this section is
provided in addition to authorities included elsewhere in this
Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under
section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
CONSULAR AFFAIRS REFORM
Sec. 7006. Not later than 60 days after the enactment of
this Act the Secretary of State shall certify and report to the
Committees on Appropriations that the Department of State is
implementing recommendations contained in the Office of
Inspector General audit ``Review of Controls and Notification
for Access to Passport Records in the Department of State's
Passport Information Electronic Records System (PIERS)'' (AUD/
IP-08-29), July 2008.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
be obligated or expended to finance directly any assistance or
reparations for the governments of Cuba, North Korea, Iran, or
Syria: Provided, That for purposes of this section, the
prohibition on obligations or expenditures shall include direct
loans, credits, insurance and guarantees of the Export-Import
Bank or its agents.
MILITARY COUPS
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall
be obligated or expended to finance directly any assistance to
the government of any country whose duly elected head of
government is deposed by military coup or decree: Provided,
That assistance may be resumed to such government if the
President determines and certifies to the Committees on
Appropriations that subsequent to the termination of assistance
a democratically elected government has taken office: Provided
further, That the provisions of this section shall not apply to
assistance to promote democratic elections or public
participation in democratic processes: Provided further, That
funds made available pursuant to the previous provisos shall be
subject to the regular notification procedures of the
Committees on Appropriations.
TRANSFER AUTHORITY
Sec. 7009. (a) Department of State and Broadcasting Board
of Governors.--Not to exceed 5 percent of any appropriation
made available for the current fiscal year for the Department
of State under title I of this Act may be transferred between
such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That not to
exceed 5 percent of any appropriation made available for the
current fiscal year for the Broadcasting Board of Governors
under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers: Provided further, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 7015(a) and (b) of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
(b) Export Financing Transfer Authorities.--Not to exceed 5
percent of any appropriation other than for administrative
expenses made available for fiscal year 2009, for programs
under title VI of this Act may be transferred between such
appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(c)(1) Limitation on Transfers Between Agencies.--None of
the funds made available under titles II through V of this Act
may be transferred to any department, agency, or
instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriation Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(d) Transfers Between Accounts.--None of the funds made
available under titles II through V of this Act may be
obligated under an appropriation account to which they were not
appropriated, except for transfers specifically provided for in
this Act, unless the President provides notification in
accordance with the regular notification procedures of the
Committees on Appropriations.
(e) Audit of Inter-Agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or
prior Acts, entered into between the United States Agency for
International Development and another agency of the United
States Government under the authority of section 632(a) of the
Foreign Assistance Act of 1961 or any comparable provision of
law, shall expressly provide that the Office of the Inspector
General for the agency receiving the transfer or allocation of
such funds shall perform periodic program and financial audits
of the use of such funds: Provided, That funds transferred
under such authority may be made available for the cost of such
audits.
REPORTING REQUIREMENT
Sec. 7010. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2009, and
for each fiscal quarter, a report in writing on the uses of
funds made available under the headings ``Foreign Military
Financing Program'', ``International Military Education and
Training'', and ``Peacekeeping Operations'': Provided, That
such report shall include a description of the obligation and
expenditure of funds, and the specific country in receipt of,
and the use or purpose of the assistance provided by such
funds.
AVAILABILITY OF FUNDS
Sec. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration
of the current fiscal year unless expressly so provided in this
Act: Provided, That funds appropriated for the purposes of
chapters 1, 8, 11, and 12 of part I, section 661, section 667,
chapters 4, 5, 6, 8, and 9 of part II of the Foreign Assistance
Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the headings ``Assistance for Europe,
Eurasia and Central Asia'' and ``Development Credit
Authority'', shall remain available for an additional 4 years
from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of
availability contained in this Act: Provided further, That,
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4
of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform
objectives, shall remain available until expended.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
Sec. 7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish
assistance to the government of any country which is in default
during a period in excess of one calendar year in payment to
the United States of principal or interest on any loan made to
the government of such country by the United States pursuant to
a program for which funds are appropriated under this Act
unless the President determines, following consultations with
the Committees on Appropriations, that assistance to such
country is in the national interest of the United States.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be
made available to provide assistance for a foreign country
under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless
such agreement includes a provision stating that assistance
provided by the United States shall be exempt from taxation, or
reimbursed, by the foreign government, and the Secretary of
State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with
this requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent
to 200 percent of the total taxes assessed during fiscal year
2009 on funds appropriated by this Act by a foreign government
or entity against commodities financed under United States
assistance programs for which funds are appropriated by this
Act, either directly or through grantees, contractors and
subcontractors shall be withheld from obligation from funds
appropriated for assistance for fiscal year 2010 and allocated
for the central government of such country and for the West
Bank and Gaza program to the extent that the Secretary of State
certifies and reports in writing to the Committees on
Appropriations that such taxes have not been reimbursed to the
Government of the United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection
(b).
(d) Reprogramming of Funds.--Funds withheld from obligation
for each country or entity pursuant to subsection (b) shall be
reprogrammed for assistance to countries which do not assess
taxes on United States assistance or which have an effective
arrangement that is providing substantial reimbursement of such
taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply
to any country or entity the Secretary of State
determines--
(A) does not assess taxes on United States
assistance or which has an effective
arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the
United States outweigh the purpose of this
section to ensure that United States assistance
is not subject to taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard
to any country or entity.
(f) Implementation.--The Secretary of State shall issue
rules, regulations, or policy guidance, as appropriate, to
implement the prohibition against the taxation of assistance
contained in this section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to
value added taxes and customs duties imposed on
commodities financed with United States assistance for
programs for which funds are appropriated by this Act;
and
(2) the term ``bilateral agreement'' refers to a
framework bilateral agreement between the Government of
the United States and the government of the country
receiving assistance that describes the privileges and
immunities applicable to United States foreign
assistance for such country generally, or an individual
agreement between the Government of the United States
and such government that describes, among other things,
the treatment for tax purposes that will be accorded
the United States assistance provided under that
agreement.
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through
VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the
designation is made impossible by operation of any provision of
this or any other Act: Provided, That any such reprogramming
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally
provided.
(b) In addition to the authority contained in subsection
(a), the original period of availability of funds appropriated
by this Act and administered by the United States Agency for
International Development that are specifically designated for
particular programs or activities by this or any other Act
shall be extended for an additional fiscal year if the
Administrator of such agency determines and reports promptly to
the Committees on Appropriations that the termination of
assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can
be obligated during the original period of availability:
Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only
for the purpose of such designation.
(c) Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any
subsequent Act unless such Act specifically so directs:
Provided, That specifically designated funding levels or
minimum funding requirements contained in any other Act shall
not be applicable to funds appropriated by this Act.
REPROGRAMMING NOTIFICATION REQUIREMENTS
Sec. 7015. (a) None of the funds made available in title I
of this Act, or in prior appropriations Acts to the agencies
and departments funded by this Act that remain available for
obligation or expenditure in fiscal year 2009, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees or of currency reflows or other
offsetting collections, or made available by transfer, to the
agencies and departments funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds
that: (1) creates new programs; (2) eliminates a program,
project, or activity; (3) increases funds or personnel by any
means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5)
closes or opens a mission or post; (6) reorganizes or renames
offices; (7) reorganizes programs or activities; or (8)
contracts out or privatizes any functions or activities
presently performed by Federal employees; unless the Committees
on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(b) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
provided under title I of this Act, or provided under previous
appropriations Acts to the agency or department funded under
title I of this Act that remain available for obligation or
expenditure in fiscal year 2009, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agency or department funded by title I
of this Act, shall be available for obligation or expenditure
for activities, programs, or projects through a reprogramming
of funds in excess of $750,000 or 10 percent, whichever is
less, that: (1) augments existing programs, projects, or
activities; (2) reduces by 10 percent funding for any existing
program, project, or activity, or numbers of personnel by 10
percent as approved by Congress; or (3) results from any
general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance of
such reprogramming of funds.
(c) For the purposes of providing the executive branch with
the necessary administrative flexibility, none of the funds
made available under titles II through V in this Act under the
headings ``Global Health and Child Survival'', ``Development
Assistance'', ``International Organizations and Programs'',
``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Andean Counterdrug Programs'',
``Assistance for Europe, Eurasia and Central Asia'', ``Economic
Support Fund'', ``Democracy Fund'', ``Peacekeeping
Operations'', ``Capital Investment Fund'', ``Operating
Expenses'', ``Office of Inspector General'',
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign
Military Financing Program'', ``International Military
Education and Training'', ``Peace Corps'', and ``Migration and
Refugee Assistance'', shall be available for obligation for
activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of
the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the
Committees on Appropriations are previously notified 15 days in
advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23
of the Arms Export Control Act for the provision of major
defense equipment, other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or
combat vehicles, not previously justified to Congress or 20
percent in excess of the quantities justified to Congress
unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That this
subsection shall not apply to any reprogramming for an
activity, program, or project for which funds are appropriated
under titles II through IV of this Act of less than 10 percent
of the amount previously justified to the Congress for
obligation for such activity, program, or project for the
current fiscal year.
(d) Notwithstanding any other provision of law, funds
transferred by the Department of Defense to the Department of
State and the United States Agency for International
Development, and funds made available for programs authorized
by section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163), shall be subject to the
regular notification procedures of the Committees on
Appropriations, and the agency receiving the transfer or
allocation shall perform periodic program financial audits of
the use of such funds and such funds may be made available for
the cost of such audits.
(e) The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular
notification procedures of the Committees on Appropriations,
may be waived if failure to do so would pose a substantial risk
to human health or welfare: Provided, That in case of any such
waiver, notification to the Congress, or the appropriate
congressional committees, shall be provided as early as
practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver:
Provided further, That any notification provided pursuant to
such a waiver shall contain an explanation of the emergency
circumstances.
(f) None of the funds appropriated under titles III through
VI of this Act shall be obligated or expended for assistance
for Serbia, Sudan, Zimbabwe, Pakistan, Dominican Republic,
Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Mexico, or Cambodia
and countries listed in section 7045(f)(4) of this Act except
as provided through the regular notification procedures of the
Committees on Appropriations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign
Assistance Act of 1961, the Department of Defense shall notify
the Committees on Appropriations to the same extent and under
the same conditions as other committees pursuant to subsection
(f) of that section: Provided, That before issuing a letter of
offer to sell excess defense articles under the Arms Export
Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense
articles are significant military equipment (as defined in
section 47(9) of the Arms Export Control Act) or are valued (in
terms of original acquisition cost) at $7,000,000 or more, or
if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive
such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures
of the Committees on Appropriations, funds appropriated under
titles III through VI of this Act or any previously enacted Act
making appropriations for the Department of State, foreign
operations, and related programs, which are returned or not
made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act
of 1961, shall remain available for obligation until September
30, 2010.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part I
of the Foreign Assistance Act of 1961, as amended, may be used
to pay for the performance of involuntary sterilization as a
method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to
methods of, or the performance of, abortions or involuntary
sterilization as a means of family planning. None of the funds
made available to carry out part I of the Foreign Assistance
Act of 1961, as amended, may be obligated or expended for any
country or organization if the President certifies that the use
of these funds by any such country or organization would
violate any of the above provisions related to abortions and
involuntary sterilizations.
ALLOCATIONS
Sec. 7019. (a) Funds provided in this Act for the following
accounts shall be made available for programs and countries in
the amounts contained in the respective tables included in the
explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act):
``Educational and Cultural Exchange Programs''.
``International Fisheries Commissions''.
``International Broadcasting Operations''.
``Global Health and Child Survival''.
``Development Assistance''.
``Economic Support Fund''.
``Assistance for Europe, Eurasia and Central
Asia''.
``Andean Counterdrug Programs''.
``Nonproliferation, Anti-terrorism, Demining and
Related Programs''.
``Foreign Military Financing Program''.
``International Organizations and Programs''.
(b) For the purposes of implementing this section and only
with respect to the tables included in the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act), the Secretary of State,
Administrator of the United States Agency for International
Development and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced
in subsection (a), subject to the regular notification
procedures of the Committees on Appropriations and section 634A
of the Foreign Assistance Act of 1961.
(c) The requirements contained in subsection (a) shall
apply to the table under the headings ``Bilateral Economic
Assistance'' and ``General Provisions'' in such explanatory
statement.
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act under the headings ``International
Military Education and Training'' or ``Foreign Military
Financing Program'' for Informational Program activities or
under the headings ``Global Health and Child Survival'',
``Development Assistance'', and ``Economic Support Fund'' may
be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including
but not limited to entrance fees at sporting events,
theatrical and musical productions, and amusement
parks.
prohibition on assistance to foreign governments that export lethal
military equipment to countries supporting international terrorism
Sec. 7021. (a) None of the funds appropriated or otherwise
made available by titles III through VI of this Act may be
available to any foreign government which provides lethal
military equipment to a country the government of which the
Secretary of State has determined is a government that supports
international terrorism for purposes of section 6(j) of the
Export Administration Act of 1979. The prohibition under this
section with respect to a foreign government shall terminate 12
months after that government ceases to provide such military
equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after October
1, 1997.
(b) Assistance restricted by subsection (a) or any other
similar provision of law, may be furnished if the President
determines that furnishing such assistance is important to the
national interests of the United States.
(c) Whenever the President makes a determination pursuant
to subsection (b), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of such assistance. Any such report shall
include a detailed explanation of the assistance to be
provided, including the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES
Sec. 7022. (a) Funds appropriated for bilateral assistance
under any heading in titles III through VI of this Act and
funds appropriated under any such heading in a provision of law
enacted prior to the enactment of this Act, shall not be made
available to any country which the President determines--
(1) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism; or
(2) otherwise supports international terrorism.
(b) The President may waive the application of subsection
(a) to a country if the President determines that national
security or humanitarian reasons justify such waiver. The
President shall publish each waiver in the Federal Register
and, at least 15 days before the waiver takes effect, shall
notify the Committees on Appropriations of the waiver
(including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on
Appropriations.
authorization requirements
Sec. 7023. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development
Agency'', may be obligated and expended notwithstanding section
10 of Public Law 91-672, section 15 of the State Department
Basic Authorities Act of 1956, section 313 of the Foreign
Relations Authorization Act, Fiscal Years 1994 and 1995 (Public
Law 103-236), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 414(a)(1)).
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
Sec. 7024. For the purpose of titles II through VI of this
Act ``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all
appropriations and authorizations Acts funding directives,
ceilings, and limitations with the exception that for the
following accounts: ``Economic Support Fund'' and ``Foreign
Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country,
regional, and central program level funding within each such
account; for the development assistance accounts of the United
States Agency for International Development ``program, project,
and activity'' shall also be considered to include central,
country, regional, and program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive
branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of
this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION AND AFRICAN
DEVELOPMENT FOUNDATION
Sec. 7025. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions
contained in prior Acts authorizing or making appropriations
for the Department of State, foreign operations, and related
programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the
Inter-American Foundation Act or the African Development
Foundation Act. The agency shall promptly report to the
Committees on Appropriations whenever it is conducting
activities or is proposing to conduct activities in a country
for which assistance is prohibited.
commerce, trade and surplus commodities
Sec. 7026. (a) None of the funds appropriated or made
available pursuant to titles III through VI of this Act for
direct assistance and none of the funds otherwise made
available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any
commodity for export by any country other than the United
States, if the commodity is likely to be in surplus on world
markets at the time the resulting productive capacity is
expected to become operative and if the assistance will cause
substantial injury to United States producers of the same,
similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the
injury to United States producers of the same, similar, or
competing commodity, and the Chairman of the Board so notifies
the Committees on Appropriations.
(b) None of the funds appropriated by this or any other Act
to carry out chapter 1 of part I of the Foreign Assistance Act
of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction,
consultancy, publication, conference, or training in connection
with the growth or production in a foreign country of an
agricultural commodity for export which would compete with a
similar commodity grown or produced in the United States:
Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security
in developing countries where such activities will not
have a significant impact on the export of agricultural
commodities of the United States; or
(2) research activities intended primarily to
benefit American producers.
(c) The Secretary of the Treasury shall instruct the United
States Executive Directors of the International Bank for
Reconstruction and Development, the International Development
Association, the International Finance Corporation, the Inter-
American Development Bank, the International Monetary Fund, the
Asian Development Bank, the Inter-American Investment
Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African
Development Bank, and the African Development Fund to use the
voice and vote of the United States to oppose any assistance by
these institutions, using funds appropriated or made available
pursuant to titles III through VI of this Act, for the
production or extraction of any commodity or mineral for
export, if it is in surplus on world markets and if the
assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
SEPARATE ACCOUNTS
Sec. 7027. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of
a foreign country under chapters 1 and 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of
local currencies of that country, the Administrator of
the United States Agency for International Development
shall--
(A) require that local currencies be
deposited in a separate account established by
that government;
(B) enter into an agreement with that
government which sets forth--
(i) the amount of the local
currencies to be generated; and
(ii) the terms and conditions under
which the currencies so deposited may
be utilized, consistent with this
section; and
(C) establish by agreement with that
government the responsibilities of the United
States Agency for International Development and
that government to monitor and account for
deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed
upon with the foreign government, local currencies
deposited in a separate account pursuant to subsection
(a), or an equivalent amount of local currencies, shall
be used only--
(A) to carry out chapter 1 or 10 of part I
or chapter 4 of part II (as the case may be),
for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of
the United States Government.
(3) Programming accountability.--The United States
Agency for International Development shall take all
necessary steps to ensure that the equivalent of the
local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established
pursuant to subsection (a)(1) are used for the purposes
agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon
termination of assistance to a country under chapter 1
or 10 of part I or chapter 4 of part II (as the case
may be), any unencumbered balances of funds which
remain in a separate account established pursuant to
subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country
and the United States Government.
(5) Reporting requirement.--The Administrator of
the United States Agency for International Development
shall report on an annual basis as part of the
justification documents submitted to the Committees on
Appropriations on the use of local currencies for the
administrative requirements of the United States
Government as authorized in subsection (a)(2)(B), and
such report shall include the amount of local currency
(and United States dollar equivalent) used and/or to be
used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the
government of a foreign country, under chapter 1 or 10
of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961, as cash transfer assistance or
as nonproject sector assistance, that country shall be
required to maintain such funds in a separate account
and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such
funds may be obligated and expended notwithstanding
provisions of law which are inconsistent with the
nature of this assistance including provisions which
are referenced in the Joint Explanatory Statement of
the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98-1159).
(3) Notification.--At least 15 days prior to
obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification
through the regular notification procedures of the
Committees on Appropriations, which shall include a
detailed description of how the funds proposed to be
made available will be used, with a discussion of the
United States interests that will be served by the
assistance (including, as appropriate, a description of
the economic policy reforms that will be promoted by
such assistance).
(4) Exemption.--Nonproject sector assistance funds
may be exempt from the requirements of subsection
(b)(1) only through the notification procedures of the
Committees on Appropriations.
ELIGIBILITY FOR ASSISTANCE
Sec. 7028. (a) Assistance Through Nongovernmental
Organizations.--Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this
Act to carry out the provisions of chapters 1, 10, 11, and 12
of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961, and from funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'': Provided,
That before using the authority of this subsection to furnish
assistance in support of programs of nongovernmental
organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures 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 further, 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 Law 480.--During fiscal year 2009, restrictions
contained 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
1954: Provided, 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 internationally recognized human
rights.
impact on jobs in the united states
Sec. 7029. None of the funds appropriated under titles III
through VI of this Act may be obligated or expended to
provide--
(1) any financial incentive to a business
enterprise currently 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 likely to reduce the number of employees
of such business enterprise in the United States
because United States production is being replaced by
such enterprise outside the United States; or
(2) assistance for any program, project, or
activity that contributes to the violation of
internationally recognized workers rights, as defined
in section 507(4) of the Trade Act of 1974, of workers
in the recipient country, including any designated zone
or area in that country: Provided, That the application
of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the
recipient country and sector, and shall not preclude
assistance for the informal sector in such country,
micro and small-scale enterprise, and smallholder
agriculture.
international financial institutions
Sec. 7030. (a) None of the funds appropriated in title V of
this Act may be made as payment to any international financial
institution while the United States Executive Director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such Director receives from
the United States, is in excess of the rate provided for an
individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States Director to such institution
is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(b) The Secretary of the Treasury shall instruct the United
States Executive Director at each international financial
institution to oppose any loan, grant, strategy or policy of
these institutions that would require user fees or service
charges on poor people for primary education or primary
healthcare, including prevention, care and treatment for HIV/
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 Monetary Fund 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 Poor Countries.
(d) For purposes of this section ``international financial
institutions'' are the International Bank for Reconstruction
and Development, the Inter-American Development Bank, the Asian
Development 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.
DEBT-FOR-DEVELOPMENT
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 provided under title III of
this Act and, subject to the regular notification procedures of
the Committees on Appropriations, any interest earned on such
investment shall be used for the purpose for which the
assistance was provided to that organization.
AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES
Sec. 7032. (a) Loans Eligible for Sale, Reduction, or
Cancellation.--
(1) Authority to sell, reduce, or cancel certain
loans.--Notwithstanding any other provision of law, the
President may, in accordance with this section, sell to
any eligible purchaser any concessional loan or portion
thereof made before January 1, 1995, pursuant to the
Foreign Assistance Act of 1961, to the government of
any eligible country as defined in section 702(6) of
that Act or on receipt of payment from an eligible
purchaser, reduce or cancel such loan or portion
thereof, only for the purpose of facilitating--
(A) debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps; or
(B) a debt buyback by an eligible country
of its own qualified debt, only if the eligible
country uses an additional amount of the local
currency of the eligible country, equal to not
less than 40 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 development, 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) Terms 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 administering part I of the Foreign
Assistance Act of 1961 of purchasers 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, reduction, or cancellation.
(4) Limitation.--The authorities of this subsection
shall be available only to the extent 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) Deposit of Proceeds.--The proceeds from the sale,
reduction, or cancellation of any loan sold, reduced, or
canceled pursuant to this section shall be deposited in the
United States Government 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
satisfactory to the President for using the loan for the
purpose of engaging in debt-for-equity swaps, debt-for-
development swaps, or debt-for-nature swaps.
(d) Debtor Consultations.--Before the sale to any eligible
purchaser, or any reduction or cancellation pursuant to this
section, of any loan made to an eligible country, the President
should consult with the country concerning the amount of loans
to be sold, reduced, or canceled and their uses for debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature
swaps.
(e) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to funds
appropriated by this Act under the heading ``Debt
Restructuring''.
SPECIAL DEBT RELIEF FOR THE POOREST
Sec. 7033. (a) Authority to Reduce Debt.--The President may
reduce amounts owed to the United States (or any agency of the
United States) by an eligible country as a result of--
(1) guarantees issued under sections 221 and 222 of
the Foreign Assistance Act of 1961;
(2) credits extended or guarantees issued under the
Arms Export Control Act; or
(3) any obligation or portion of such obligation,
to pay for purchases of United States agricultural
commodities guaranteed by the Commodity Credit
Corporation under export credit guarantee programs
authorized pursuant to section 5(f) of the Commodity
Credit Corporation Charter Act of June 29, 1948, as
amended, section 4(b) of the Food for Peace Act of
1966, as amended (Public Law 89-808), or section 202 of
the Agricultural Trade Act of 1978, as amended (Public
Law 95-501).
(b) Limitations.--
(1) The authority provided by subsection (a) may be
exercised only to implement multilateral official debt
relief and referendum agreements, commonly referred to
as ``Paris Club Agreed Minutes''.
(2) The authority provided by subsection (a) may be
exercised 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
exercised only with respect to countries with heavy
debt burdens that are eligible to borrow from the
International Development Association, but not from the
International Bank 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
expenditures;
(2) has not repeatedly provided support for acts of
international 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 internationally recognized human
rights; and
(5) is not ineligible for assistance because of the
application of section 527 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995.
(d) Availability of Funds.--The authority provided by
subsection (a) may be used only with regard to the funds
appropriated by this Act under the heading ``Debt
Restructuring''.
(e) Certain Prohibitions Inapplicable.--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
exercised notwithstanding section 620(r) of the Foreign
Assistance Act of 1961 or section 321 of the International
Development and Food Assistance Act of 1975.
SPECIAL AUTHORITIES
Sec. 7034. (a) Afghanistan, Iraq, Pakistan, Lebanon,
Montenegro, Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated under titles III through VI of
this Act that are made available for assistance for Afghanistan
may be made available notwithstanding section 7012 of this Act
or any similar provision of law and section 660 of the Foreign
Assistance Act of 1961, and funds appropriated in titles III
and VI of this Act that are made available for Iraq, Lebanon,
Montenegro, Pakistan, and for victims of war, displaced
children, and displaced Burmese, and to assist victims of
trafficking in persons and, subject to the regular notification
procedures of the Committees on Appropriations, to combat such
trafficking, may be made available notwithstanding 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 House of
Representatives and the President pro tempore of the Senate
that it is important to the national security interests of the
United 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
indefinite-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
Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (enacted as division D of Public Law
108-447; 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
instability.
(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
administered by foreign governments that the Secretary of State
determines are making efforts to address, among other things,
prisoners' health, sanitation, nutrition and other basic needs:
Provided, That the Secretary of State shall designate a Deputy
Assistant Secretary of State in the Bureau of Democracy, Human
Rights and Labor to have primary responsibility for diplomatic
efforts related to international prison conditions.
(g) Extension of Authority.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990
(Public Law 101-167) is amended--
(1) in section 599D (8 U.S.C. 1157 note)--
(A) in subsection (b)(3), by striking ``and
2008'' 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) World Food Program.--Of the funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance of the
United States Agency for International Development, from this
or any other Act, not less than $10,000,000 shall be made
available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(i) Library of Congress.--Notwithstanding any other
provision of law, of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'', not less
than $2,000,000 shall be made available for the Capital
Security Cost-Sharing fees of the Library of Congress.
(j) Disarmament, Demobilization and Reintegration.--
Notwithstanding any other provision of law, regulation or
Executive order, funds appropriated by this Act and prior Acts
making appropriations 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 programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign
terrorist organizations: Provided, That the Secretary of State
shall consult with the Committees on Appropriations prior to
the obligation of funds pursuant to this subsection: Provided
further, 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) Nongovernmental 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 Research and Training on Eastern Europe 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 VIII) as authorized by the Soviet-Eastern European
Research and Training Act of 1983 (22 U.S.C. 4501-4508, as
amended).
(m) Authority.--Funds appropriated or otherwise made
available by title III of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008
(division J of Public Law 110-161) under the heading ``Economic
Support Fund'' that are available for a competitively awarded
grant for nuclear security initiatives relating to North Korea
shall be made available notwithstanding any other provision of
law.
(n) Middle East Foundation.--Funds appropriated by this Act
and prior Acts for a Middle East Foundation shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(o) Global Food Security.--Notwithstanding any other
provision of law, to include minimum funding requirements or
funding directives, funds made available under the headings
``Development Assistance'' and ``Economic Support Fund'' in
this Act and prior Acts making 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 Appropriations.
arab league boycott of israel
Sec. 7035. 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 United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of
Israel immediately disbanded;
(3) all Arab League states should normalize
relations with their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott
of Israel and find concrete steps to demonstrate that
opposition by, for example, taking into consideration
the participation of any recipient country in the
boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress
annually on specific steps being taken by the United
States to encourage Arab League states to normalize
their relations with Israel to bring about the
termination of the Arab League boycott of Israel,
including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and
penalizing businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be
provided to support a Palestinian state unless the Secretary of
State determines and certifies to the appropriate congressional
committees that--
(1) the governing entity of a new Palestinian
state--
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel;
(B) is taking appropriate measures to
counter terrorism and terrorist financing in
the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and
other appropriate security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with
other countries in the region to vigorously pursue
efforts to establish a just, lasting, and comprehensive
peace in the Middle East that will enable Israel and an
independent Palestinian state to exist 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
sovereignty, 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 recognized boundaries free from
threats or acts of force;
(D) freedom of navigation through
international waterways in the area; and
(E) a framework for achieving a just
settlement of the refugee problem.
(b) Sense of Congress.--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) Waiver.--The President may waive subsection (a) if he
determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--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 requirements of subsection (a),
consistent with the provisions of section 7040 of this Act
(``Limitation on Assistance to the Palestinian Authority'').
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
Sec. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem 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 governing entity provided for in the Israel-PLO
Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the
existing Consulate General in Jerusalem: Provided further, 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
of the United States Government may continue to meet in
Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have
social contacts, and have incidental discussions.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment,
technical support, consulting services, or any other form of
assistance to the Palestinian Broadcasting Corporation.
ASSISTANCE FOR THE WEST BANK AND GAZA
Sec. 7039. (a) Oversight.--For fiscal year 2009, 30 days
prior to the initial obligation of funds for the bilateral West
Bank and Gaza Program, the Secretary of State shall certify to
the Committees 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 ``Economic
Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated
by this Act under the heading ``Economic Support Fund'' for
assistance 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 educational
institutions, those that have as a principal officer of the
entity's governing board or governing board of trustees any
individual that has been determined to be involved in, or
advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization. The Secretary of
State shall, as appropriate, 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 determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III
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 committed 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 available 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
established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian
compliance with such benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency
for International Development shall ensure that Federal
or non-Federal audits of all contractors and grantees,
and significant subcontractors and sub-grantees, under
the West Bank and Gaza Program, are conducted at least
on an annual basis to ensure, among other things,
compliance with this section.
(2) Of the funds appropriated by this Act up to
$500,000 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 requirements 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 Comptroller 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 2009 under the heading ``Economic Support Fund''.
The audit shall address--
(1) the extent to which such Program complies with
the requirements of subsections (b) and (c), and
(2) an examination of all programs, projects, 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) Not later than 180 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 2106
of chapter 2 of title II of Public Law 109-13.
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
Sec. 7040. (a) Prohibition of Funds.--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) Waiver.--The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the
Speaker of the House of Representatives, 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
subsection (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 Palestinian Authority has taken to arrest
terrorists, confiscate weapons and dismantle the terrorist
infrastructure.
(e) Certification.--If the President exercises the waiver
authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to
the obligation of funds that the Palestinian Authority has
established a single treasury account for all Palestinian
Authority financing and all financing mechanisms flow through
this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a
single comprehensive civil service roster and payroll.
(f) Prohibition.--
(1) None of the funds appropriated in titles III
through VI of this Act may be obligated for salaries of
personnel of the Palestinian Authority located in Gaza
or may be obligated or expended for assistance to Hamas
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 Foreign
Assistance Act of 1961, as amended.
(2) None of the funds appropriated under titles III
through VI of this Act may be obligated for assistance
for the Palestine Liberation Organization.
BROADCASTING TRANSPARENCY
Sec. 7041. (a) Of the funds appropriated in this Act under
the heading ``International Broadcasting Operations'' for
Middle East Broadcasting Networks, 10 percent of the funds
shall not be available for obligation until the Broadcasting
Board of Governors reports to the Committee on Appropriations
on--
(1) The results of the independent outside
evaluation of Alhurra programming to examine its
journalistic integrity and adherence to standards and
principles of the United States International
Broadcasting Act; and
(2) Whether the directives in the explanatory
statement accompanying the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2008 (division J of Public Law 110-161) regarding
Alhurra have been implemented 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.
IRAQ
Sec. 7042. (a) Assistance.--None of the funds appropriated
or otherwise made available by this Act may be made available
for assistance for Iraq, 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 Requirement.--The terms and conditions of
section 1402(e)(1), (2), (3) and (4) of Public Law 110-252
shall apply to assistance for Iraq in fiscal year 2009.
(c) Transition Plan.--Not later than 180 days after
enactment of this Act, the Secretary of State, in consultation
with relevant United States Government agencies, shall submit
to the Committees on Appropriations a report, in classified
form if necessary, that details the plans, costs and timelines
associated with the transition of programs and activities
funded under titles III through VI of this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs to the Government of Iraq.
(d) Base Rights.--None 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.
report on iran sanctions
Sec. 7043. Not later than 180 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. The report, which may be
submitted in classified form if necessary, shall include the
following:
(1) A list of all current United States bilateral
and multilateral 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 existing
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
otherwise 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.
LEBANON
Sec. 7044. (a) Funds appropriated under the heading
``Foreign Military Financing Program'' in this Act for
assistance for Lebanon shall be made available only to
professionalize the Lebanese Armed Forces and to strengthen
border security and combat terrorism, including training and
equipping the Lebanese Armed Forces to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups and implementing
United Nations Security 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 Committees 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.
WESTERN HEMISPHERE
Sec. 7045. (a) Free Trade Agreements.--Of the funds
appropriated by this Act not less than $10,000,000 from
``Development Assistance'' and not less than $10,000,000 from
``Economic Support Fund'' shall be made available for labor and
environmental capacity building activities relating to the free
trade agreements with countries of Central America, Peru and
the Dominican Republic.
(b) Haiti.--
(1) The Government of Haiti shall be eligible to
purchase defense articles and services under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the
Coast Guard.
(2) Of the funds appropriated by this Act under
titles III and IV, not less than $251,126,000 shall be
made available for assistance for Haiti.
(3) None of the funds made available by this Act
under the heading ``International Narcotics Control and
Law Enforcement'' 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 committed serious crimes, including drug
trafficking and violations of internationally
recognized human rights, have been suspended.
(c) Dominican Republic.--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 for Guatemala.--
(1) Funds appropriated by this Act under the
heading ``International Military Education and
Training'' (IMET) that are available for assistance for
Guatemala, other than for expanded IMET, may be made
available only 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, That such funds may be
made available only if the Secretary of State certifies
that the Air Force, Navy and Army Corps of Engineers
are respecting internationally recognized human rights
and cooperating with civilian judicial investigations
and prosecutions of current and retired military
personnel who have been credibly alleged to have
committed violations of such rights, and with the
International Commission 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, That such funds may be made available
only if the Secretary of State certifies that the Air
Force, Navy and Army Corps of Engineers are respecting
internationally recognized human rights and cooperating
with civilian judicial investigations and prosecutions
of current and retired military personnel who have been
credibly alleged to have committed violations of such
rights, including protecting and providing to the
Attorney General's office all military archives
pertaining to the internal armed conflict, and
cooperating with the CICIG by granting access to CICIG
personnel, providing evidence to CICIG, and allowing
witness testimony.
(e) Assistance for Mexico.--Of the funds appropriated under
the headings ``International Narcotics Control and Law
Enforcement'', ``Foreign Military Financing Program'', and
``Economic Support Fund'' in this Act, not more than
$300,000,000 may be made available for assistance for Mexico,
only to combat drug trafficking and related violence and
organized crime, and for judicial reform, institution building,
anti-corruption, and rule of law activities, of which not less
than $75,000,000 shall be used for judicial reform, institution
building, anti-corruption, and rule of law activities:
Provided, That none of the funds made available under this
section shall be made available for budget support or as cash
payments.
(1) Allocation of funds.--Fifteen percent of the
funds made available under this section in this Act,
for assistance for Mexico, not including assistance for
judicial reform, institution 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 Federal
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) Report.--The report required in paragraph (1)
shall include a description of actions taken with
respect to each requirement.
(3) Spending plan.--Not later than 45 days after
the date of enactment of this Act, the Secretary of
State shall submit to the Committees on Appropriations
a detailed spending plan, developed after consulting
with relevant Mexican Government authorities, for funds
made available for Mexico under this section, with
concrete goals, programs and activities to be funded,
and anticipated results.
(4) Analysis of alternatives.--Prior to the
obligation of funds for the procurement or lease of
aircraft, the Director of the Defense Security
Cooperation Agency, in consultation with the Secretary
of State, shall submit to the Committees on
Appropriations an Analysis of Alternatives for the
acquisition of all aircraft for the Merida Initiative.
(f) Assistance for the Countries of Central America.--Of
the funds appropriated under the headings ``International
Narcotics Control and Law Enforcement'', ``Foreign 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 trafficking
and related violence and organized crime, and for judicial
reform, institution building, anti-corruption, rule of law
activities, and maritime security, of which not less than
$35,000,000 shall be made available for judicial reform,
institution building, anti-corruption, and rule of law
activities: Provided, That of the funds appropriated under the
heading ``Economic Support Fund'', $12,000,000 shall be made
available through the United States Agency for International
Development for an Economic and Social Development Fund for
Central America: Provided further, That none of the funds shall
be made available for budget support or as cash payments.
(1) Allocation of funds.--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) Report.--The report required in paragraph (1)
shall include a description of actions taken with
respect to each requirement.
(3) Spending 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, Honduras,
Nicaragua, and Panama.
(g) Aircraft Operations and Maintenance.--To the maximum
extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act should be borne
by the recipient country.
colombia
Sec. 7046. (a) Funding.--Of the funds appropriated in
titles III and IV of this Act, not more than $545,050,000 shall
be available for assistance for Colombia.
Funds appropriated by this Act and made available to the
Department of State for assistance to the Government of
Colombia may be used to support a unified campaign against
narcotics trafficking and organizations designated as Foreign
Terrorist Organizations and successor organizations, and to
take actions to protect human health and welfare in emergency
circumstances, including undertaking rescue operations:
Provided, That assistance made available in prior Acts for the
Government of Colombia to protect the Cano-Limon pipeline may
also be used for purposes for which funds are made available
under the heading ``Andean Counterdrug Programs'': Provided
further, That no United 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 fixed 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 jurisdiction of the Attorney General, the
Procuraduria General de la Nacion, and the Defensoria del
Pueblo: Provided further, That the President shall ensure that
if any helicopter procured with funds in this Act or prior Acts
making appropriations for the Department of State, foreign
operations, 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 20 percent of such
funds may be made available for such eradication programs
unless the Secretary of State certifies to the Committees on
Appropriations that: (1) the herbicide is being used in
accordance with EPA label requirements for comparable use in
the United States and with Colombian laws; and (2) the
herbicide, in the manner it is being used, does not pose
unreasonable risks or adverse effects to humans or the
environment, including endemic species: Provided, That such
funds may not be made available 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 alternative
sources of income in areas where security permits for small-
acreage growers and communities whose illicit crops are
targeted for aerial eradication: Provided further, That none of
the funds appropriated by this Act for assistance for Colombia
shall be made available for the cultivation or processing of
African oil palm, if doing so would contribute to significant
loss of native species, disrupt or contaminate natural water
sources, reduce local food security, or cause the forced
displacement of local people: Provided further, That funds
appropriated by this Act may be used for aerial eradication in
Colombia's national parks or reserves only if the Secretary of
State certifies to the Committees on Appropriations on a case-
by-case basis that there are no effective alternatives and the
eradication is conducted in accordance with Colombian laws.
(b) Assistance for the Armed Forces.--
(1) Funding.--Funds appropriated by this Act that
are available for assistance for the Colombian Armed
Forces, may be made available as follows:
(A) Up to 70 percent of such funds may be
obligated prior to the certification and report
by the Secretary of State pursuant to
subparagraph (B).
(B) Up to 15 percent of such funds may be
obligated only after the Secretary of State
consults with, and subsequently certifies and
submits a written report to, the Committees on
Appropriations that--
(i) The Government of Colombia is
suspending, and investigating and
prosecuting in the civilian justice
system, those members of the Colombian
Armed Forces, of whatever rank, who
have been credibly alleged to have
committed violations of internationally
recognized human rights, including
extra-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 July 31, 2009, if, prior to such obligation, the
Secretary of State consults with, and submits a written
certification to, the Committees on Appropriations that
the Government of Colombia is continuing to meet the
requirements described in paragraph (1) and is
conducting vigorous operations to strengthen civilian
institutions and respect for internationally recognized
human rights in areas under the influence of
paramilitary organizations or successor armed groups
and guerrilla organizations.
(3) Certain funds exempted.--The requirement to
withhold funds from obligation shall not apply with
respect to funds made available under the heading
``Andean Counterdrug Programs'' in this Act for
continued support for the Critical Flight Safety
Program or for any alternative development programs in
Colombia administered by the Bureau of International
Narcotics and Law Enforcement Affairs of the Department
of State.
(4) Report.--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 taken 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 Human Rights Practices, for
which the actions taken by the Colombian Government or
Armed Forces have been determined by the Secretary of
State to be inadequate.
(c) Consultative Process.--Not later than 60 days after the
date of enactment of this Act, and every 180 days thereafter
until September 30, 2009, the Secretary of State shall consult
with Colombian and internationally recognized human rights
organizations regarding progress in meeting the requirements
contained in subsection (b)(1).
(d) Assistance for Reintegration of Former Combatants.--
(1) Availability of funds.--Of the funds
appropriated in this Act under the heading ``Economic
Support Fund'', up to $16,769,000 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 subsection 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
requirements 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
United States to prosecute the extradited
leaders and members of FTOs who have been
indicted in the United States for murder,
torture, kidnapping, narcotics trafficking, or
other violations of United States law;
(C) the Government of Colombia is not
knowingly taking any steps to legalize the
titles of land or other assets illegally
obtained and held by FTOs, their associates, or
successors, has established effective
procedures to identify 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) Illegal Armed Groups.--
(1) Denial of visas.--Subject to paragraph (2), the
Secretary 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 Revolutionary Armed
Forces of Colombia (FARC), the National
Liberation 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 otherwise participated in the
commission of a violation of internationally
recognized human rights, including extra-
judicial killings, in Colombia.
(2) Waiver.--Paragraph (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) Definitions.--In this section:
(1) Aided or abetted.--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) Paramilitary 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 organization.--The term
``foreign terrorist organization'' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.
COMMUNITY-BASED POLICE ASSISTANCE
Sec. 7047. (a) Authority.--Funds made available by titles
III and IV of this Act to carry out the provisions of chapter 1
of part I and chapters 4 and 6 of part II of the Foreign
Assistance Act of 1961, may be used, notwithstanding 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 democratic governance
including assistance for programs to prevent conflict, respond
to disasters, address gender-based violence, and foster
improved police relations with the communities they serve.
(b) Notification.--Assistance provided under subsection (a)
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS
Sec. 7048. 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 United 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 organizations.
WAR CRIMES TRIBUNALS DRAWDOWN
Sec. 7049. If the President determines that doing so will
contribute to a just resolution of charges regarding genocide
or other violations of international humanitarian law, the
President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of
commodities and services for the United Nations War Crimes
Tribunal established with regard to the former Yugoslavia 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: Provided, That the
determination required under this section shall be in lieu of
any determinations otherwise required under section 552(c):
Provided further, That funds made available for tribunals other
than the International Criminal Tribunal for the former
Yugoslavia, the International Criminal Tribunal for Rwanda, or
the Special Court for Sierra Leone shall be made available
subject to the regular notification procedures of the
Committees on Appropriations.
PEACEKEEPING MISSIONS
Sec. 7050. None of the funds made available under title I
of this Act may be used for any United Nations undertaking when
it is made known to the Federal official having authority to
obligate or expend 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 have not submitted to the
President a recommendation that such involvement is in the
national interests of the United States and the President has
not submitted to the Congress such a recommendation.
PEACEKEEPING ASSESSMENT
Sec. 7051. Section 404(b)(2)(B) of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e
note) is amended by deleting subsection (v) and inserting in
lieu thereof:
``(v) For assessments made during each of the calendar
years 2005, 2006, 2007, 2008, and 2009, 27.1 percent.''.
UNITED NATIONS HUMAN RIGHTS COUNCIL
Sec. 7052. (a) None of the funds appropriated by this Act
may be made available for a United States contribution to the
United Nations Human Rights Council.
(b) The 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 CONFERENCES
Sec. 7053. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of agencies or departments of the United
States Government 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: Provided, 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
of this Act may be used to pay expenses 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
Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)),
supports international terrorism.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN GOVERNMENTS
Sec. 7055. (a) Subject to subsection (c), of the funds
appropriated under titles III through VI by this Act that are
made available for assistance for a foreign country, an amount
equal to 110 percent of the total amount of the unpaid fully
adjudicated parking fines and penalties and unpaid property
taxes owed by the central government of such country shall be
withheld from obligation for assistance for the central
government of such country until the Secretary of State submits
a certification to the Committees on Appropriations stating
that such parking fines and penalties and unpaid property taxes
are fully paid.
(b) Funds withheld from obligation pursuant to subsection
(a) may be made available for other programs or activities
funded by this Act, after consultation with and subject to the
regular notification procedures of the Committees on
Appropriations, provided 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) The Secretary of State may waive the requirements
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 United 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) Not 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 York, 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) In 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 summons; or
(ii) has not followed the appropriate
adjudication procedure 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 District of Columbia; or
(ii) New York, New York; and
(B) incurred during the period April 1,
1997, through September 30, 2008.
(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.
LANDMINES AND CLUSTER MUNITIONS
Sec. 7056. (a) Landmines.--Notwithstanding any other
provision of law, demining equipment available to the United
States Agency for International Development and the Department
of State and used in support of the clearance of landmines and
unexploded ordnance for humanitarian purposes may be disposed
of on a grant basis in foreign countries, subject to such terms
and conditions as the President may prescribe.
(b) Cluster Munitions.--No military assistance shall be
furnished for cluster munitions, no defense export license for
cluster munitions may be issued, and no cluster munitions or
cluster munitions technology shall be sold or transferred,
unless--
(1) the submunitions of the cluster munitions have
a 99 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 known to be present.
millennium challenge corporation
Sec. 7057. (a) The Chief Executive Officer of the
Millennium Challenge Corporation shall, not later than 45 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 Corporation'' in this Act or prior Acts
making appropriations for the Department 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
description of--
(1) compacts in development, including the status
of negotiations 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 agreement;
(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 programs;
(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.
limitation on residence expenses
Sec. 7058. Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed $100,500 shall
be for official residence expenses of the United States Agency
for International Development during the current fiscal year:
Provided, That appropriate steps shall be taken to assure that,
to the maximum extent possible, United States-owned foreign
currencies are utilized in lieu of dollars.
united states agency for international development management
(including transfer of funds)
Sec. 7059. (a) Authority.--Up to $81,000,000 of the funds
made available in title III of this Act to carry out the
provisions of 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 by the United
States Agency for International Development (USAID) to hire and
employ individuals in the United States and overseas on a
limited appointment basis pursuant to the authority of sections
308 and 309 of the Foreign Service Act of 1980.
(b) Restrictions.--
(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 equivalent 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, Eurasia and Central Asia'', are
eliminated.
(d) Priority Sectors.--In exercising the authority of this
section, 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
responsibilities 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 Limited 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.
(h) Junior Officer Placement Authority.--Of the funds made
available in subsection (a), USAID may use, in addition to
funds otherwise available for such purposes, up to $15,000,000
to fund overseas support costs of members of the Foreign
Service with a Foreign Service rank of four or below: Provided,
That such authority is only used to reduce USAID's reliance on
overseas personal services contractors or other non-direct hire
employees compensated with funds appropriated to carry out part
I of the Foreign Assistance Act of 1961, including funds
appropriated under the heading ``Assistance for Europe, Eurasia
and Central Asia''.
(i) Disaster Surge Capacity.--Funds appropriated under
title III of this Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'',
may be used, in addition to funds otherwise available for such
purposes, for the cost (including the support costs) of
individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural
disasters.
(j) Technical Advisors.--Up to $13,500,000 of the funds
made available by this Act in title III for assistance under
the heading ``Global Health and Child Survival'', may be used
to reimburse United States Government agencies, agencies of
State governments, institutions of higher learning, and private
and voluntary organizations 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 667 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 25 personal
services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct,
interim support for new or expanded 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 further, 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) Recruitment Strategy.--Not later than December 31,
2009, the USAID Administrator, after consulting with the
Secretaries 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 departments and agencies, shall submit to the
Committees on Appropriations 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 heading ``Operating Expenses'' in
title II of this Act may be made available to implement the
strategy described in the previous proviso, subject to the
regular notification procedures of the Committees on
Appropriations.
(m) Hiring Authority.--Notwithstanding section 307 of the
Foreign Service Act of 1980, the USAID Administrator may hire
up to 30 individuals under the Development Leadership
Initiative: Provided, That the authority contained in this
subsection shall expire on September 30, 2010.
global health activities
Sec. 7060. (a) Funds appropriated by titles III and IV 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 ``Global Health and Child
Survival'' and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C.
7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than
$545,000,000 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 breaks
down grantee budget allocations by programmatic
activity.
DEVELOPMENT 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 Program
established pursuant to section 674 of the Department of State,
Foreign Operations, and Related 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.
women 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 services, and improving women's ability to
participate in the global economy.
gender-based violence
Sec. 7063. (a) Funds appropriated under the headings
``Development Assistance'' and ``Economic Support Fund'' in
this Act shall be made available for programs to address sexual
and gender-based violence.
(b) Programs and activities funded under titles III and IV
of this Act that provide training for foreign police, judicial,
and military officials shall address, where appropriate,
gender-based violence.
education
Sec. 7064. (a) Basic Education.--
(1) Of the funds appropriated by title III of this
Act and by prior Acts for fiscal year 2009, 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) There shall continue to be a Coordinator of
United States government actions to provide basic
education assistance in developing countries as
established in section 664 of division J of Public Law
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) Higher 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 PROGRAMS
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 backgrounds from areas of civil conflict and war,
of which $9,000,000 shall be made available for such programs
in the Middle East: Provided, That the Administrator 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 expenditures report
Sec. 7066. Not later than 180 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 Government 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 President's Budget Appendix and the purpose
for which the funds were provided: Provided, That if required,
information may be submitted in classified form.
requests for documents
Sec. 7067. None of the funds appropriated or made available
pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any
contractor, which fails to provide upon timely request any
document, file, or record necessary to the auditing
requirements of the United States Agency for International
Development.
SENIOR POLICY OPERATING GROUP
Sec. 7068. (a) The Senior Policy Operating Group on
Trafficking in Persons, established under section 105(f) of the
Victims of Trafficking and Violence Protection Act of 2000 (22
U.S.C. 7103(f)) to coordinate agency activities regarding
policies (including grants and grant policies) involving the
international trafficking in persons, shall coordinate all such
policies related to the activities of traffickers 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,
foreign operations, and related programs shall be expended to
perform functions that duplicate coordinating responsibilities
of the Operating Group.
(c) The Operating Group shall continue to report only to
the authorities that appointed them pursuant to section 105(f).
prohibition on use of torture
Sec. 7069. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture, cruel or inhumane treatment by any official or
contract employee of the United States Government.
africa
Sec. 7070. (a) Expanded International Military Education
and Training.--
(1) Funds appropriated under the heading
``International Military Education and Training'' in
this Act that are made available for assistance for
Angola, Cameroon, Central African Republic, Chad, Cote
D'Ivoire, and Guinea may be made available 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 Limitation 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 1974, of
modifying loans and loan guarantees held by the
Government of Sudan, including the cost of selling,
reducing, or canceling amounts owed to the United
States, and modifying concessional loans, guarantees,
and credit agreements.
(2) Subsection (b)(1) shall not apply if the Secretary of
State determines and certifies to the Committees on
Appropriations that:
(A) The Government of Sudan honors its pledges to
cease attacks upon civilians and disarms and
demobilizes the Janjaweed and other government-
supported militias.
(B) The Government of Sudan and all government-
supported militia groups are honoring their commitments
made in all previous cease-fire agreements.
(C) The Government of Sudan is allowing unimpeded
access to Darfur to humanitarian aid organizations, the
human rights investigation and humanitarian teams of
the United Nations, 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 Kordofan/Nuba Mountains State, Blue
Nile State, and Abyei; and
(C) assistance to support implementation of the
Comprehensive Peace Agreement and the Darfur Peace
Agreement or any other internationally-recognized
viable peace agreement in Sudan.
(4) Definitions.--For 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
International Traffic in Arms Regulations (22 CRF 120.1 et
seq.) 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) Horn of Africa and Pan Sahel Program.--Funds
appropriated under the heading ``Economic Support Fund'' in
this Act that are made available for programs and activities to
counter extremism 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) War 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 Leone
(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, if the Secretary of
State determines and reports to the Committees on
Appropriations that such government is cooperating with
ICTR and SCSL, including the surrender and transfer of
indictees in a timely manner: Provided, That this
subsection shall not apply to assistance provided under
section 551 of the Foreign Assistance Act of 1961 or to
project assistance under title VI of this Act: Provided
further, That the United States shall use its voice and
vote in the United Nations Security 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 President
determines that doing so is in the national security
interest of the United States: Provided, That prior to
exercising such waiver authority, the President shall
submit a report to the Committees on Appropriations, in
classified form if necessary, on--
(A) the steps being taken to obtain the
cooperation of the government in surrendering
the indictee in question 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) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct
the United States executive director to each
international financial institution to vote against any
extension by the respective institution of any loans to
the Government of Zimbabwe, except to meet basic human
needs or to promote democracy, unless the Secretary 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 March 2008 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 determination pursuant to subsection (e)(1).
asia
Sec. 7071. (a) Tibet.--
(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 ``Economic Support Fund'' should
be made available to nongovernmental organizations to
support activities which preserve cultural traditions
and promote sustainable development and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China.
(b) Burma.--
(1) The Secretary of the Treasury shall instruct
the United States executive director to each
appropriate international financial institution in
which the United States participates, to oppose and
vote against the extension by such institution any loan
or financial or technical assistance or any other
utilization of funds of the respective bank to and for
Burma.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$15,000,000 shall be made available to support
democracy activities in Burma, along the Burma-Thailand
border, for activities of Burmese student groups and
other organizations located outside Burma, and for the
purpose of supporting the provision of humanitarian
assistance to displaced Burmese along Burma's borders:
Provided, That such funds may be made available
notwithstanding any other provision of law: Provided
further, That in addition to assistance for Burmese
refugees provided under the heading ``Migration and
Refugee Assistance'' in this Act, not less than
$4,000,000 shall be made available for community-based
organizations operating in Thailand to provide food,
medical and other humanitarian assistance to internally
displaced persons in eastern Burma: Provided further,
That funds made available under this paragraph shall be
subject to the regular notification procedures of the
Committees on Appropriations.
(c) Indonesia.--
(1) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'', not to
exceed $15,700,000 shall be made available for
assistance for Indonesia, of which $2,000,000 shall be
made available only after the Secretary of State
submits to the Committees on Appropriations the report
on Indonesia detailed in the explanatory statement
described in section 4 (in the matter preceding
division A of this consolidated Act) under such
heading.
(2) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Indonesia, not less than $300,000
should be made available for grants for capacity
building of Indonesian human rights organizations,
including in Papua.
(d) Cambodia.--Funds appropriated under the heading
``Economic Support Fund'' in this Act for assistance for
Cambodia may be used for an endowment, and shall be made
available to strengthen the capacity of the Government of
Cambodia to combat human trafficking, notwithstanding any other
provision of law.
(e) North Korea.--
(1) Funds made available under the heading
``Migration and Refugee Assistance'' in this Act shall
be made available for assistance for refugees from
North Korea.
(2) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of
this Act, not less than $8,000,000 shall be made
available for broadcasts into North Korea.
(3) None of the funds made available under the
heading ``Economic Support Fund'' in fiscal year 2009
may be made available for obligation for energy-related
assistance for North Korea unless the Secretary of
State determines and reports to the Committees on
Appropriations that North Korea is continuing to
fulfill its commitments under the Six Party Talks
agreements.
(f) People's Republic of China.--
(1) Notwithstanding any other provision of law and
subject to the regular notification procedures of the
Committees on Appropriations, of the funds appropriated
under the heading ``Development Assistance'' in this
Act, not less than $11,000,000 shall be made available
to United States educational institutions and
nongovernmental organizations for programs and
activities in the People's Republic of China relating
to the environment, governance and the rule of law.
(2) None of the funds appropriated under the
heading ``Diplomatic and Consular Programs'' in this
Act may be obligated or expended for processing
licenses for the export of satellites of United States
origin (including commercial satellites and satellite
components) to the People's Republic of China unless,
at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(3) Not later than 180 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing, to the
extent practicable, the amount of assistance provided
by the People's Republic of China to governments and
entities in Latin America and Africa during the
previous calendar year, and shall make such report
publicly available in a timely manner on the website of
the Department of State and the United States Agency
for International Development in English and Mandarin.
(4) Of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act,
$1,000,000 shall be made available to the Bureau of
International Information Programs to disseminate
information, in Mandarin, in the People's Republic of
China: Provided, That such information shall include
issues of governance, transparency, corruption, rule of
law, and the environment, and the findings of the
report required by paragraph (3) of this subsection,
and shall be disseminated through the Internet, text
messaging or other means, and directed to economically
depressed areas of the People's Republic of China:
Provided further, That such funds are in addition to
funds otherwise made available for such purposes:
Provided further, That the Department of State shall
consult with the Committees on Appropriations prior to
the initial obligation of funds made available by this
subsection.
(5) The terms and requirements of section 620(h) of
the Foreign Assistance Act of 1961 shall apply to
foreign assistance projects or activities of the
People's Liberation Army (PLA) of the People's Republic
of China, to include such projects or activities by any
entity that is owned or controlled by, or an affiliate
of, the PLA: Provided, That none of the funds
appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or
cooperative agreement with the PLA, or any entity that
the Secretary of State has reason to believe is owned
or controlled by, or an affiliate of, the PLA.
(g) Philippines.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', not
to exceed $30,000,000 may be made available for assistance for
the Philippines, of which $2,000,000 may not be obligated until
the Secretary of State reports in writing to the Committees on
Appropriations that--
(1) the Government of the Philippines is taking
effective steps to implement the recommendations of the
United Nations Special Rapporteur on Extra-judicial,
Summary or Arbitrary Executions, to include
prosecutions and convictions for extrajudicial
executions; sustaining the decline in the number of
extra-judicial executions; addressing allegations of a
death squad in Davao City; and strengthening government
institutions working to eliminate extra-judicial
executions;
(2) the Government of the Philippines is
implementing a policy of promoting military personnel
who demonstrate professionalism and respect for
internationally recognized human rights, and is
investigating and prosecuting military personnel and
others who have been credibly alleged to have violated
such rights; and
(3) the Philippine Armed Forces do not have a
policy of, and are not engaging in, acts of
intimidation or violence against members of legal
organizations who advocate for human rights.
(h) Vietnam.--Notwithstanding any other provision of law,
funds appropriated under the heading ``Development Assistance''
in this Act may be made available for programs and activities
in the central highlands of Vietnam, and shall be made
available for environmental remediation and related health
activities in Vietnam.
SERBIA
Sec. 7072. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of Serbia
after May 31, 2009, if the President has made the determination
and certification contained in subsection (c).
(b) After May 31, 2009, the Secretary of the Treasury
should instruct the United States executive directors to the
international financial institutions to support loans and
assistance to the Government of Serbia subject to the
conditions in subsection (c).
(c) The determination and certification referred to in
subsection (a) is a determination and a certification by the
President to the Committees on Appropriations that the
Government of Serbia is--
(1) cooperating with the International Criminal
Tribunal for the former Yugoslavia including access for
investigators, the provision of documents, timely
information on the location, movement, and sources of
financial support of indictees, and the surrender and
transfer of indictees or assistance in their
apprehension, including Ratko Mladic;
(2) taking steps that are consistent with the
Dayton Accords to end Serbian financial, political,
security and other support which has served to maintain
separate Republika Srpska institutions; and
(3) taking steps to implement policies which
reflect a respect for minority rights and the rule of
law.
(d) This section shall not apply humanitarian assistance or
assistance to promote democracy.
independent states of the former soviet union
Sec. 7073. (a) None of the funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia''
shall be made available for assistance for a government of an
Independent State of the former Soviet Union if that government
directs any action in violation of the territorial integrity or
national sovereignty of any other Independent State of the
former Soviet Union, such as those violations included in the
Helsinki Final Act: Provided, That such funds may be made
available without regard to the restriction in this subsection
if the President determines that to do so is in the national
security interest of the United States.
(b) Funds appropriated under the heading ``Assistance for
Europe, Eurasia and Central Asia'' for the Russian Federation,
Armenia, Kazakhstan, and Uzbekistan shall be subject to the
regular notification procedures of the Committees on
Appropriations.
(c)(1) Of the funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'' that are
allocated for assistance for the Government of the Russian
Federation, 60 percent shall be withheld from obligation until
the President determines and certifies in writing to the
Committees on Appropriations that the Government of the Russian
Federation--
(A) has terminated implementation of arrangements
to provide Iran with technical expertise, training,
technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or
programs, or ballistic missile capability; and
(B) is providing full access to international non-
government organizations providing humanitarian relief
to refugees and internally displaced persons in
Chechnya.
(2) Paragraph (1) shall not apply to--
(A) assistance to combat infectious diseases, child
survival activities, or assistance for victims of
trafficking in persons; and
(B) activities authorized under title V
(Nonproliferation and Disarmament Programs and
Activities) of the FREEDOM Support Act.
(d) Section 907 of the FREEDOM Support Act shall not apply
to--
(1) activities to support democracy or assistance
under title V of the FREEDOM Support Act and section
1424 of Public Law 104-201 or non-proliferation
assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while
acting within his or her official capacity;
(4) any insurance, reinsurance, guarantee or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 (22 U.S.C. 2191 et
seq.);
(5) any financing provided under the Export-Import
Bank Act of 1945; or
(6) humanitarian assistance.
repression in the russian federation
Sec. 7074. (a) None of the funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'' in
this Act may be made available for the Government of the
Russian Federation, after 180 days from the date of the
enactment of this Act, unless the President determines and
certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation: (1) has implemented
no statute, Executive order, regulation or similar government
action that would discriminate, or which has as its principal
effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms
to which the Russian Federation is a party; and (2) is (A)
honoring its international obligations regarding freedom of
expression, assembly, and press, as well as due process; (B)
investigating and prosecuting law enforcement personnel
credibly alleged to have committed human rights abuses against
political leaders, activists and journalists; and (C)
immediately releasing political leaders, activists and
journalists who remain in detention.
(b) The Secretary of State may waive the requirements of
subsection (a) if the Secretary determines that to do so is
important to the national interests of the United States.
central asia
Sec. 7075. (a) Funds appropriated by this Act may be made
available for assistance for the Government of Kazakhstan only
if the Secretary of State determines and reports to the
Committees on Appropriations that the Government of Kazakhstan
has made significant improvements in the protection of human
rights and civil liberties during the preceding 6 month period,
including by fulfilling obligations recommended by the
Organization for Security and Cooperation in Europe (OSCE) in
the areas of election procedures, media freedom, freedom of
religion, free assembly and minority rights, and by meeting the
commitments it made in connection with its assumption of the
Chairmanship of the OSCE in 2010.
(b) The Secretary of State may waive subsection (a) if the
Secretary determines and reports to the Committees on
Appropriations that such a waiver is important to the national
security of the United States.
(c) Not later than October 1, 2009, the Secretary of State
shall submit a report to the Committees on Appropriations
describing the following:
(1) The defense articles, defense services, and
financial assistance provided by the United States to
the countries of Central Asia during the 12-month
period ending 30 days prior to submission of such
report.
(2) The use during such period of defense articles,
defense services, and financial assistance provided by
the United States by units of the armed forces, border
guards, or other security forces of such countries.
(d) For purposes of this section, the term ``countries of
Central Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic,
Tajikistan, and Turkmenistan.
uzbekistan
Sec. 7076. (a) Funds appropriated by this Act may be made
available for assistance for the central Government of
Uzbekistan only if the Secretary of State determines and
reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress--
(1) in meeting its commitments under the
``Declaration on the Strategic Partnership and
Cooperation Framework Between the Republic of
Uzbekistan and the United States of America'',
including respect for internationally recognized human
rights, establishing a genuine multi-party system, and
ensuring free and fair elections, freedom of
expression, and the independence of the media; and
(2) in investigating and prosecuting the
individuals responsible for the deliberate killings of
civilians in Andijan in May 2005.
(b) If the Secretary of State has credible evidence that
any current or former official of the Government of Uzbekistan
was responsible for the deliberate killings of civilians in
Andijan in May 2005, or for other violations of internationally
recognized human rights in Uzbekistan, not later than 6 months
after enactment of this Act any person identified by the
Secretary pursuant to this subsection shall be ineligible for
admission to the United States.
(c) The restriction in subsection (b) shall cease to apply
if the Secretary determines and reports to the Committees on
Appropriations that the Government of Uzbekistan has taken
concrete and measurable steps to improve respect for
internationally recognized human rights, including allowing
peaceful political and religious expression, releasing
imprisoned human rights defenders, and implementing
recommendations made by the United Nations on torture.
(d) The Secretary may waive the application of subsection
(b) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to further
United States law enforcement objectives.
(e) For the purpose of this section ``assistance'' shall
include excess defense articles.
afghanistan
Sec. 7077. Of the funds appropriated under titles III and
IV of this Act, not less than $1,041,950,000 should be made
available for assistance for Afghanistan, of which not less
than $100,000,000 shall be made available to support programs
that directly address the needs of Afghan women and girls,
including for the Afghan Independent Human Rights Commission,
the Afghan Ministry of Women's Affairs, and for women-led
nonprofit organizations in Afghanistan.
enterprise funds
Sec. 7078. (a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of
an Enterprise Fund, in whole or in part, the President shall
submit to the Committees on Appropriations, in accordance with
the regular notification procedures of the Committees on
Appropriations, a plan for the distribution of the assets of
the Enterprise Fund.
(b) Funds made available under titles III through VI of
this Act for Enterprise Funds shall be expended at the minimum
rate necessary to make timely payment for projects and
activities and shall be subject to the regular notification
procedures of the Committees on Appropriations.
united nations population fund
Sec. 7079. (a) Contribution.--Of the funds made available
under the headings ``International Organizations and Programs''
and ``Global Health and Child Survival'' in this Act for fiscal
year 2009, $50,000,000 shall be made available for the United
Nations Population Fund (UNFPA), of which not more than
$30,000,000 shall be derived from funds appropriated under the
heading ``International Organizations and Programs''.
(b) Availability of Funds.--Funds appropriated by this Act
for UNFPA, that are not made available because of the operation
of any provision of law, shall be made available to UNFPA
notwithstanding any such provision of law, subject to the
regular notification procedures of the Committees on
Appropriations, only for the following purposes and subject to
the provisions of this section--
(1) provide and distribute equipment, medicine, and
supplies, including safe delivery kits and hygiene
kits, to ensure safe childbirth and emergency obstetric
care;
(2) make available supplies of contraceptives for
the prevention of unintended pregnancies and the spread
of sexually transmitted infections, including HIV/AIDS;
(3) prevent and treat cases of obstetric fistula;
(4) reestablish maternal health services in areas
where medical infrastructure and such services have
been destroyed or limited by natural disasters, armed
conflict, or other factors;
(5) promote abandonment of female genital
mutilation and cutting and child marriage; and
(6) promote access to basic services, including
clean water, sanitation facilities, food, and health
care, for poor women and girls.
(c) Prohibition on Use of Funds in China.--None of the
funds made available by this Act may be used by UNFPA for a
country program in the People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made
available by this Act for UNFPA may be made available if--
(1) UNFPA maintains funds made available by this
Act in an account separate from other accounts of UNFPA
and does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Witholding of Funds.--
(1) Not later than 60 days after the date of
enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations
indicating the amount of funds that the UNFPA is
budgeting for the year in which the report is submitted
for a country program in the People's Republic of
China.
(2) If the report under this subparagraph indicates
that the UNFPA plans to spend funds for a country
program in the People's Republic of China in the year
covered by the report, then the amount of such funds
the UNFPA plans to spend in the People's Republic of
China shall be deducted from the funds made available
to the UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is
submitted.
PROHIBITION ON PUBLICITY OR PROPAGANDA
Sec. 7080. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the
enactment of this Act by the Congress: Provided, That not to
exceed $25,000 may be made available to carry out the
provisions of section 316 of Public Law 96-533.
OPIC
(INCLUDING TRANSFER OF FUNDS)
Sec. 7081. (a) Authority.--Notwithstanding section
235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C.
2195(a)(2)), the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect through
September 30, 2009.
(b) Funding.--Whenever the President determines that it is
in furtherance of the purposes of the Foreign Assistance Act of
1961, up to a total of $20,000,000 of the funds appropriated
under title III of this Act may be transferred to, and merged
with, funds appropriated by this Act for the Overseas Private
Investment Corporation Program Account, to be subject to the
terms and conditions of that account: Provided, That such funds
shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred
pursuant to this section: Provided further, That the exercise
of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
extradition
Sec. 7082. (a) None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided
under the headings ``International Narcotics Control and Law
Enforcement'', ``Migration and Refugee Assistance'',
``Emergency Migration and Refugee Assistance'', and
``Nonproliferation, Anti-terrorism, Demining and Related
Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to
the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment
without the possibility of parole or for killing a law
enforcement officer, as specified in a United States
extradition request.
(b) Subsection (a) shall only apply to the central
government of a country with which the United States maintains
diplomatic relations and with which the United States has an
extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) The Secretary of State may waive the restriction in
subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver
is important to the national interests of the United States.
ENERGY AND ENVIRONMENT
Sec. 7083. (a) Clean Energy.--Of the funds appropriated by
title III of this Act, not less than $100,000,000 shall be made
available to the United States Agency for International
Development (USAID), in addition to funds otherwise made
available for such purposes, for programs and activities that
reduce global warming by promoting the sustainable use of
renewable energy technologies and energy efficient end-use
technologies, carbon sequestration, and carbon accounting.
(b) Climate Change Adaptation.--Of the funds appropriated
by this Act, up to $10,000,000 shall be made available for a
United States contribution to the Least Developed Countries
Fund to support grants for climate change adaptation programs
and activities, if the Global Environment Facility makes
publicly available on its website an annual report detailing
the criteria used to determine which programs and activities
receive funds, the manner in which such programs and activities
meet such criteria, the extent of local involvement in such
programs and activities, the amount of funds provided, and the
results achieved.
(c) Biodiversity.--Of the funds appropriated by title III
of this Act and by prior Acts for fiscal year 2009, not less
than $195,000,000 shall be made available for programs and
activities which directly protect biodiversity, including
tropical forests and wildlife, in developing countries, of
which not less than $25,000,000 shall be made available for
USAID's conservation programs in the Amazon Basin: Provided,
That of the funds made available under this paragraph, not less
than $17,500,000 shall be made available for the Congo Basin
Forest Partnership of which not less than $2,500,000 shall be
made available to the United States Fish and Wildlife Service
for conservation programs in Africa: Provided further, That
funds appropriated by this Act to carry out the provisions of
sections 103 through 106, and chapter 4 of part II, of the
Foreign Assistance Act of 1961 may be used, notwithstanding any
other provision of law, for the purpose of supporting tropical
forestry and biodiversity conservation activities and energy
programs aimed at reducing greenhouse gas emissions: Provided
further, That funds appropriated under the heading
``Development Assistance'' may be made available as a
contribution to the Galapagos Invasive Species Fund.
(d)(1) Extraction of Natural Resources.--The Secretary of
the Treasury shall inform the managements of the international
financial institutions and the public that it is the policy of
the United States to oppose any assistance by such institutions
(including but not limited to any loan, credit, grant, or
guarantee) for the extraction and export of oil, gas, coal,
timber, or other natural resource unless the government of the
country has in place functioning systems for: (i) accurately
accounting for payments for companies involved in the
extraction and export of natural resources; (ii) the
independent auditing of accounts receiving such payments and
the widespread public dissemination of the findings of such
audits; and (iii) verifying government receipts against company
payments including widespread dissemination of such payment
information, and disclosing such documents as Host Government
Agreements, Concession Agreements, and bidding documents,
allowing in any such dissemination or disclosure for the
redaction of, or exceptions for, information that is
commercially proprietary or that would create competitive
disadvantage.
(2) Not later than 180 days after the enactment of this
Act, the Secretary of the Treasury shall submit a report to the
Committees on Appropriations describing, for each international
financial institution, the amount and type of assistance
provided, by country, for the extraction and export of oil,
gas, coal, timber, or other natural resources in the preceeding
12 months, and whether each institution considered, in its
proposal for such assistance, the extent to which the country
has functioning systems described in paragraph (1).
prohibition on promotion of tobacco
Sec. 7084. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or tobacco
products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Sec. 7085. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the
Committees on Appropriations, the authority of section 23(a) of
the Arms Export Control Act may be used to provide financing to
Israel, Egypt and NATO and major non-NATO allies for the
procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial
suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible
civilian application), if the President determines that there
are compelling foreign policy or national security reasons for
those defense articles being provided by commercial lease
rather than by government-to-government sale under such Act.
ANTI-KLEPTOCRACY
Sec. 7086. (a) In furtherance of the National Strategy to
Internationalize Efforts Against Kleptocracy and Presidential
Proclamation 7750, the Secretary of State shall compile and
maintain a list of officials of foreign governments and their
immediate family members who the Secretary has credible
evidence have been involved in corruption relating to the
extraction of natural resources in their countries.
(b) Any individual on the list compiled under subsection
(a) shall be ineligible for admission to the United States.
(c) The Secretary may waive the application of subsection
(b) if the Secretary determines that admission to the United
States is necessary to attend the United Nations or to further
United States law enforcement objectives, or that the
circumstances which caused the individual to be included on the
list have changed sufficiently to justify the removal of the
individual from the list.
(d) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall report in
writing, in classified form if necessary, to the Committees on
Appropriations describing the evidence of corruption concerning
individuals listed pursuant to subsection (a).
TRAINING AND EQUIPMENT REPORTS
Sec. 7087. (a) The annual foreign military training report
required by section 656 of the Foreign Assistance Act of 1961
shall be submitted by the Secretary of Defense and the
Secretary of State to the Committees on Appropriations by the
date specified in that section.
(b) Not later than 90 days after enactment of this Act, the
Secretary of State, in consultation with other relevant United
States Government agencies, shall submit to the Committees on
Appropriations a report detailing the equipment to be purchased
with funds appropriated or otherwise made available under the
headings ``Andean Counterdrug Programs'', ``International
Narcotics Control and Law Enforcement'', and ``Foreign Military
Financing Program'' in this Act: Provided, That such report
shall include a description of the anticipated costs associated
with the operation and maintenance of such equipment in
subsequent fiscal years: Provided further, That for the
purposes of this subsection, ``equipment'' shall be defined as
any aircraft, vessel, boat or vehicle.
TRANSPARENCY AND ACCOUNTABILITY
Sec. 7088. (a) United Nations.--Funds made available by
this Act shall be made available to continue reform efforts at
the United Nations: Provided, That not later than September 30,
2009, the Secretary of State shall submit a report to the
Committees on Appropriations detailing actions taken by United
Nations organizations under the headings ``Contributions to
International Organizations'' and ``International Organizations
and Programs'' to continue reform of United Nations financial
management systems and program oversight.
(b) World Bank.--Section 668(c)(1) of the Consolidated
Appropriations Act, 2008 (Public Law 110-161) is amended by
striking ``that'' and inserting ``on the extent to which''.
(c) National Budget Transparency.--
(1) None of the funds appropriated by this Act may
be made available for assistance for the central
government of any country that fails to make publicly
available on an annual basis its national budget, to
include income and expenditures.
(2) The Secretary of State may waive the
requirements of paragraph (1) on a country-by-country
basis if the Secretary reports to the Committees on
Appropriations that to do so is important to the
national interest of the United States.
DISABILITY PROGRAMS
Sec. 7089. (a) Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $4,000,000
shall be made available for programs and activities
administered by the United States Agency for International
Development (USAID) to address the needs and protect the rights
of people with disabilities in developing countries, and for
programs to make publicly available information on independent
living, advocacy, education, and transportation for people with
disabilities and disability advocacy organizations in
developing countries, including for the cost of translation.
(b) Funds appropriated under the heading ``Operating
Expenses'' in title II of this Act shall be made available to
develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal participation
of people with disabilities in developing countries.
(c) The Secretary of State, the Secretary of the Treasury,
and the USAID Administrator shall seek to ensure that, where
appropriate, construction projects funded by this Act are
accessible to people with disabilities and in compliance with
the USAID Policy on Standards for Accessibility for the
Disabled, or other similar accessibility standards.
(d) Of the funds made available pursuant to subsection (a),
not more than 7 percent may be for management, oversight and
technical support.
ORPHANS, DISPLACED AND ABANDONED CHILDREN
Sec. 7090. Of the funds appropriated under title III of
this Act, $3,000,000 should be made available for activities to
improve the capacity of foreign government agencies and
nongovernmental organizations to prevent child abandonment,
address the needs of orphans, displaced and abandoned children
and provide permanent homes through family reunification,
guardianship and domestic adoptions: Provided, That funds made
available under title III of this Act should be made available,
as appropriate, consistent with--
(1) the goal of enabling children to remain in the
care of their family of origin, but when not possible,
placing children in permanent homes through adoption;
(2) the principle that such placements should be
based on informed consent which has not been induced by
payment or compensation;
(3) the view that long-term foster care or
institutionalization are not permanent options and
should be used when no other suitable permanent options
are available; and
(4) the recognition that programs that protect and
support families can reduce the abandonment and
exploitation of children.
SRI LANKA
Sec. 7091. (a) None of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'' may be
made available for assistance for Sri Lanka, no defense export
license may be issued, and no military equipment or technology
shall be sold or transferred to Sri Lanka pursuant to the
authorities contained in this Act or any other Act, until the
Secretary of State certifies to the Committee on Appropriations
that--
(1) the Sri Lankan military is suspending and the
Government of Sri Lanka is bringing to justice members
of the military who have been credibly alleged to have
violated internationally recognized human rights or
international humanitarian law, including complicity in
the recruitment of child soldiers;
(2) the Government of Sri Lanka is providing access
to humanitarian organizations and journalists
throughout the country consistent with international
humanitarian law; and
(3) the Government of Sri Lanka has agreed to the
establishment of a field presence of the Office of the
United Nations High Commissioner for Human Rights in
Sri Lanka with sufficient staff and mandate to conduct
full and unfettered monitoring throughout the country
and to publicize its findings.
(b) Subsection (a) shall not apply to technology or
equipment made available for the limited purposes of maritime
and air surveillance, including communications equipment
previously committed or approved for the limited purposes of
air and maritime surveillance.
export-import bank rescission
(including rescissions)
Sec. 7092. (a) Of the funds appropriated under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States that are available for tied-aid grants in prior
Acts making appropriations for foreign operations, export
financing, and related programs, $17,000,000 are rescinded.
(b) Of the unobligated balances available under the heading
``Subsidy Appropriation'' for the Export-Import Bank of the
United States in Public Law 109-102, $27,000,000 are rescinded.
This division may be cited as the ``Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2009''.
[Clerk's note: Reproduced below is the material relating to
division H contained in the ``Explanatory Statement Submitted
by Mr. Obey, Chairman of the House Committee on Appropriations,
Regarding H.R. 1105, Omnibus Appropriations Act, 2009''.\4\
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\4\ This Explanatory Statement was submitted for printing the
Congressional Record on February 23, 2009, prior to House consideration
of the bill and as directed by the House of Representatives in section
2 of H. Res. 92 (as amended by section 2 of H. Res. 108). The Statement
appears in the February 23 Congressional Record, beginning on page
H1653.
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DIVISION H
DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS
APPROPRIATIONS ACT, 2009
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
The bill provides $5,360,318,000 for Diplomatic and
Consular Programs, which is $819,231,000 above the fiscal year
2008 level, excluding emergency appropriations, and $3,951,000
below the request. Of these funds, $4,243,318,000 is for
ongoing operations, including public diplomacy activities, and
$1,117,000,000 is for Worldwide Security Protection. The bill
separates the functions funded under this heading to provide
more transparency. The Department of State may reprogram funds
as required, subject to consultation with, and notification of,
the Committees on Appropriations. The functions are allocated
as follows:
Human resources.--$2,118,598,000 for all American salaries
at overseas and domestic United States diplomatic missions.
Overseas programs.--$1,548,617,000 for the operational
programs of regional bureaus of the Department of State, which
are responsible for managing United States foreign policy
through bilateral and multilateral relationships. Funds made
available for fiscal year 2009 will support 267 United States
embassies, consulates, and other diplomatic posts worldwide.
Diplomatic policy and support.--$585,078,000 for the
operational programs of the functional bureaus of the
Department of State to provide overall policy direction,
coordination and program management among United States
missions abroad.
Security programs.--$1,108,025,000 for the operation of
security programs, including for Worldwide Security Protection
(WSP) and the Bureau of Diplomatic Security, to protect
diplomatic personnel, overseas diplomatic missions, residences,
domestic facilities and information. In addition to WSP
programs, $134,927,000 is included within the Human Resources
function, equal to the request, for salaries to make up the
total amount in the bill for security protection worldwide.
In addition, the bill includes authority to collect
$8,110,150 from certain authorized fees and payments. The
Department of State also projects that $2,124,458,000 will
become available in fiscal year 2009 from authorized fee
revenues for the Border Security Program of the Department of
State, including an increase of $64,396,000 to continue to
improve passport processing operations.
The bill includes authority for the Secretary of State to
transfer up to $10,000,000 of the funds available under this
heading to funds available under the ``Emergencies in the
Diplomatic and Consular Service'' heading for emergency
evacuations and rewards payments, as authorized.
Enhancing Diplomatic Staffing and Readiness
Increasing the Department of State personnel capacity and
capabilities is a priority in this bill. Diplomatic staffing
increases resulting from the Diplomatic Readiness Initiative
undertaken by the Department of State and the Committees on
Appropriations between fiscal years 2002 through 2004 were
depleted due to the Department's decision to move more
positions to Iraq and Afghanistan. This has led to vacancies at
many posts overseas and has inhibited necessary training of
diplomatic personnel in critical languages. The bill provides
funding to fill vacant positions, expand critical language
training and place more diplomats in countries where there is a
growing United States strategic interest. Within the funds made
available in this Act, and in Public Law 110-252, the Secretary
of State should have sufficient resources to hire the 500
positions proposed in the fiscal year 2009 request. In this
process, the Secretary is urged to further reduce domestic
positions to bolster areas critical to United States interests
around the world, such as public diplomacy and consular
services.
There has been a longstanding concern with the disparity in
pay between rank and file Foreign Service Officers (FSOs) and
senior FSOs, whose pay is tied to the locality paid in the
District of Columbia. This disparity has damaged morale, caused
attrition in the Foreign Service and made it difficult to
attract new hires. The bill provides $41,000,000, as requested,
to eliminate this disparity by paying eligible members of the
Foreign Service up to the amount of the locality-based
comparability payment that would be payable as if their
official duty station were in the District of Columbia. The
relevant authorizing committees are urged to pass legislation
expeditiously authorizing the use of these funds.
Worldwide Security Protection
The bill provides $1,117,000,000 for Worldwide Security
Protection.
Security training.--The fiscal year 2009 budget request
included $17,551,000 to develop a consolidated training center
for the Bureau of Diplomatic Security to provide expanded hard
and soft skills security training to foreign affairs community
members serving in increasingly dangerous environments
overseas. The Secretary of State shall consult with the
Committees on Appropriations in advance of funds being made
available for this purpose and shall provide the Committees
with regular updates on the status of the project.
Visa and passport security plan.--The Department of State's
ongoing work to both detect and disrupt terrorist travel
continues to be supported in this bill and funds are included
to support additional investigative agents and support staff
personnel to enhance visa and passport security.
Funding Directives
Cultural heritage.--The Department of State is directed to
provide $6,500,000 to preserve cultural heritage through
Department of State programs and activities, of which
$5,500,000 shall be for the Ambassador's Fund for Cultural
Preservation including for at least two large projects of
approximately $500,000 each, and $1,000,000 shall be for the
Cultural Antiquities Task Force. The Department of State should
consult with the Committees on Appropriations prior to the
obligation of funds.
Human rights monitoring.--The Secretary of State is
directed to increase the number of human rights officers
assigned to Beijing, People's Republic of China, and submit a
report to the Committees on Appropriations not later than 90
days after enactment of this Act on these efforts.
Intelligence and research.--The bill includes sufficient
funding to support the fiscal year 2009 request for the Bureau
of Intelligence and Research. In addition, section 7034(l)
makes available $5,000,000, from funds appropriated under the
``Economic Support Fund'' heading to continue the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union (title VIII).
Iraq diplomatic operations.--The Department of State is
strongly urged to regularize the planning and budgeting for
diplomatic operations in Iraq, to include rightsizing of
personnel, and the fiscal year 2010 budget request should
include funding for ongoing functions.
IT security and coordination.--The Department of State is
directed to provide sufficient funds for IT security programs,
and, through a consultative process, to improve coordination of
IT and cybersecurity programs with other United States
Government agencies, particularly the United States Agency for
International Development (USAID) and the Department of
Defense.
Monitoring of military training and equipment.--While
considerable effort is made by the Department of State to vet
candidates for United States military training, effectiveness
varies significantly among embassies and there have been gaps
and weaknesses. In addition, little is done to track the uses
of equipment, including weapons and ammunition, which is
provided to foreign forces. The bill provides $2,000,000 above
the request to the Bureau of Democracy, Human Rights, and Labor
for these purposes, which continues an initiative begun in
fiscal year 2008. These funds are subject to prior consultation
with the Committees on Appropriations.
Public diplomacy.--The bill includes a total of
$394,806,000 for public diplomacy, including $264,169,000 for
programs and $130,637,000 for salaries under this heading, and
an additional $11,000,000 is available in fee revenue generated
by the Border Security Program, equal to the request.
Soft targets.--The Department of State shall provide
$25,500,000 for security enhancements to soft targets such as
overseas schools and residential compounds. Additional funds
should be used in countries and regions impacted by political
instability.
Special representative and policy coordinator for Burma.--
The Department of State shall provide necessary administrative
expenses, including salary and travel, for the Policy
Coordinator for Burma, as authorized by section 7 of the Tom
Lantos Block Burmese JADE (Junta's Anti-Democratic Efforts) Act
of 2008 (Public Law 110-286).
Tibet.--The Secretary of State should ensure that the
Department of State, the USAID, and the Broadcasting Board of
Governors (BBG) allocate funds provided in this bill for
Tibetan programs in a manner that reflects the commitment of
the United States Government to the Tibetan people in the areas
of democracy promotion, refugee assistance, scholarships,
exchange programs, and radio broadcasts in Tibet.
The Department of State shall provide up to $1,000,000 to
establish a Tibet Section within the United States Embassy in
Beijing, People's Republic of China for the purposes of
following political, economic, and social developments inside
Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and
Yunnan provinces, until such time as a United States Consulate
in Tibet is established. This section shall have the primary
responsibility for reporting on human rights issues in Tibet,
shall work in close cooperation with the Office of the Special
Coordinator for Tibetan Issues, and the Tibet Section Chief
should be of senior rank. In addition, $1,000,000 is
recommended to support the Special Coordinator for Tibetan
Issues.
Trafficking in persons.--Sufficient funding is provided to
increase the number of personnel in the Office to Monitor and
Combat Trafficking in Persons to respond to the growing
worldwide problem of human trafficking.
Other Issues and Directives
Adoption task force.--The Governments of Vietnam and
Guatemala have recently restricted adoptions of orphans by
families in the United States until new regulations can be
developed, and thousands of adoptions already in process are
being required to undergo further investigation or have been
halted altogether. The Department of State and the Department
of Homeland Security are directed to establish a temporary task
force similar to the one employed in Cambodia in 2001 to
accommodate the increased workload and assist in the resolution
of outstanding issues. The Secretary of State shall report to
the Committees on Appropriations not later than June 1, 2009,
on actions taken and overall progress in negotiating new
bilateral agreements.
Consular affairs reform.--The bill includes a provision,
section 7006, requiring that all Inspector General
recommendations regarding the Department of State's Passport
Information Electronic Records System are implemented. In
addition, the Department of State should examine best practices
to maintain a high standard of personal privacy for all
information shared with other agencies.
Consular services demonstration.--The Department of State
should report on the implementation of a demonstration program
to expand access to consular services through the use of
alternative interview techniques such as videoconferencing or
mobile consular units as authorized by section 565 of Public
Law 110-161.
Disability coordinator.--In order to ensure the integration
of people with disabilities in policies, programs, activities,
outreach and staff opportunities, the Department of State
should establish a dedicated, full-time Disability Coordinator
and consult with the Committees on Appropriations not later
than 90 days after enactment of this Act on efforts to address
this issue.
Foreign Service Institute.--The Director of the Foreign
Service Institute is urged to develop a program that educates
United States diplomats and foreign service officers on the
major world religions and provides training in techniques of
interfaith dialogue and conflict resolution.
Interagency task force.--The bill includes funds to
continue the operation of a United States Government
Interagency task force to continue the monitoring of the United
Nations headquarters renovation project.
Management.--With the consolidation of oversight for
Department of State operations and foreign assistance programs
under the jurisdiction of one appropriations subcommittee, the
lack of coordination within the Department between budget,
policy and planning related to assistance programs and
operations has come into focus. As additional resources are
requested to expand diplomatic staff and training, the
Department of State should seek to more effectively synchronize
operational and foreign assistance funding and programs.
The Department of State's top priority must be to meet the
personnel requirements of its traditional diplomacy functions.
The Administration is encouraged to improve existing
frameworks, procedures and regulations, including those at the
National Security Council, which will bolster the Department of
State and USAID's responsibility and oversight of United States
diplomacy and foreign assistance.
Minority recruitment.--The bill includes funds requested to
continue the educational partnerships focused on recruiting and
preparing students from various institutions with large
minority populations for positions in the Foreign Service.
These programs assist the ongoing efforts to increase minority
hiring and diversity by facilitating the preparation of non-
traditional and minority students for careers in the Foreign
Service and the Department of State.
Office of Defense Trade Controls Licensing.--The Secretary
of State should ensure that the Office of Defense Trade
Controls Licensing has the necessary budgetary resources and
staff to fulfill its responsibilities in a timely and effective
manner.
Saudi Arabia.--The Secretary of State is directed to
monitor the implementation of the Government of Saudi Arabia's
policies relating to religious practice and tolerance,
announced in July 2006, and make these issues a regular part of
the United States-Saudi Arabia Strategic Dialogue. The
Secretary of State is further directed to provide a report to
the Committees on Appropriations not later than 120 days after
enactment of this Act on the progress and issues raised through
this dialogue.
Science programs.--The Department of State is encouraged to
sustain support for the variety of science fellowship programs
and to increase the science and technology capacity within the
Department of State.
Western Hemisphere Travel Initiative (WHTI).--The Secretary
of State is directed to continue to monitor implementation of
the WHTI according to the statutory deadline of no earlier than
June 1, 2009, and, as needed, to increase temporary staffing to
quickly respond to increases in demand for passports or
passport cards. The Department of Homeland Security and the
Department of State are directed to provide quarterly briefings
to the Committees on Appropriations on progress being made in
meeting these requirements.
CIVILIAN STABILIZATION INITIATIVE
The bill provides $45,000,000 under this heading for the
Civilian Stabilization Initiative (CSI). In addition,
$30,000,000 is provided under title II, for a total of
$75,000,000 in this bill to stand-up, equip and deploy a
coordinated civilian response capacity at the Department of
State and USAID. These funds are in addition to $65,000,000
provided in Public Law 110-252.
Funds made available for CSI in fiscal year 2009 are to be
allocated only for the active and standby response corps and to
support the operations of the Office of the Coordinator for
Reconstruction and Stabilization. In total, $140,000,000 is
available for this initiative in fiscal year 2009, which is
$108,631,000 below the request.
Within the funds made available for CSI in fiscal year
2009, including supplemental funds, up to $23,014,000 may
support the administrative expenses for the Office of the
Coordinator for Reconstruction and Stabilization.
The bill includes a proviso requiring the Secretary of
State and the USAID Administrator to submit a coordinated joint
spending plan and integrated implementation strategy for funds
made available in fiscal years 2008 and 2009 for the CSI not
later than 60 days after enactment of this Act.
The President may exercise existing transfer authority
provided in the Foreign Assistance Act of 1961 and this Act
only to support an actively deployed civilian response corps
and not for the regular operations of this initiative, after
consulting with and notifying the Committees on Appropriations.
The President should be judicious in the use of this authority.
The Department of State, in consultation with USAID, is
directed to submit in writing to the Committees on
Appropriations not later than 180 days after enactment of this
Act, a clarification of the relationship between the CSI and:
(1) existing international disaster response capabilities of
the United States Government and funding sources (including
under the ``International Disaster Assistance'' and
``Transition Initiatives'' headings), and (2) the Department of
Defense disaster response capabilities, assets and authorities.
CAPITAL INVESTMENT FUND
The bill provides $71,000,000 for the Capital Investment
Fund, which is $11,425,000 above the fiscal year 2008 level and
the same as the request.
OFFICE OF INSPECTOR GENERAL
The bill provides $37,000,000 for the Office of Inspector
General, which is $3,267,000 above the fiscal year 2008 level,
excluding emergency appropriations, and $1,492,000 above the
request. The bill includes a proviso, carried in prior years,
that waives the statutory requirement that every post be
inspected every five years, in order to provide flexibility to
the Inspector General to direct the funds provided to the areas
of highest need.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
The bill provides $538,000,000 for Educational and Cultural
Exchange Programs, which is $36,653,000 above the fiscal year
2008 level, excluding emergency appropriations, and $15,556,000
above the request. Funds are allocated in the following table,
subject to the requirements of section 7019 of this Act:
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
fiscal
Program/activity year 2009 Budget
request authority
------------------------------------------------------------------------
Academic Programs
Fulbright Program................................. 233,841 234,864
Global Academic Exchanges.........................
Educational Advising and Student Services..... 11,586 12,043
English Language Programs................. 22,413 26,250
---------------------
Subtotal--Global Academic Exchanges....... 33,999 38,293
Special Academic Exchanges
Regional Graduate Fellowships................. 22,020 22,020
American Overseas Research Centers........ 3,785 4,000
South Pacific Exchanges............... 496 500
Timor Leste Exchanges................. 496 500
Mobility (Disability) Exchange 496 500
Clearinghouse............................
Benjamin Gilman International Scholarship 5,810 7,200
Program......................................
George Mitchell Fellowship Program................ 496 500
Hemispheric Program................... 496 500
Tibet Fund............................ 744 750
---------------------
Subtotal--Special Academic Exchanges...... 34,839 36,470
Total--Academic Programs.......................... 302,679 309,627
Professional and Cultural Exchanges
International Visitor Program..................... 77,620 79,211
Citizen Exchange Programs......................... 57,377 54,377
Youth Exchange and Study Program (YES)............ 19,000 23,000
Special Professional and Cultural Exchanges
Congress Bundestag Youth Exchange Program......... 3,230 3,230
Mike Mansfield Fellowship Program................. 1,862 1,862
Irish Institute................................... 992 1,000
Ngwang Choephel Fellows (Tibet)................... 645 650
Youth Science Leadership Institute of the Americas 149 150
Institute for Representative Government........... 496 496
Pakistan Literacy Training Program................ 372 375
---------------------
Subtotal--Special Professional and 7,746 7,763
Cultural Exchanges.......................
Total--Professional and Cultural Exchanges........ 161,743 164,351
One-Time Grants Program........................... 0 6,000
Program Evaluation................................ 3,145 3,145
Exchanges Support................................. 54,877 54,877
---------------------
Total--Educational and Cultural Exchange Programs. 522,444 538,000
------------------------------------------------------------------------
Every program for which funding is enumerated in the
previous table is established pursuant to an act of Congress;
is a program for which funding is authorized by an act of
Congress; or is included in the budget request for fiscal year
2009.
Funding is included above the prior year level in the
Fulbright Program, Gilman International Scholarship Program,
English Language Programs, and Educational Advising and Student
Services to expand opportunities for United States students to
study abroad. Additional resources should be used to increase
direct grants to students, replicate existing capacity in
targeted regions at quality overseas educational institutions,
especially in developing countries, and engage United States
educational institutions to reduce barriers to study abroad.
Taking into account current programs that support these
goals and proposed legislation, the Department of State should
develop a coordinated strategy to expand exchange programs to
reach a greater number of Americans and foreigners from non-
traditional backgrounds, particularly low income and minority
populations. This strategy should inform the Administration's
planning and budgeting in the near and long-term to expand
exchanges and to better focus on interrelated advantages of
existing programs which will ultimately benefit United States
public diplomacy goals.
The Department of State should continue support for several
ongoing international exchange programs with Eurasia and
Eastern Europe, and the Muskie Graduate Fellowship program. In
addition, the Department of State is expected to continue
funding for the Future Leaders Exchange programs; the American-
Serbia and Montenegro Youth Leadership Exchange; the Junior
Faculty Development Program; the Language, Technology, Math and
Science Exchange; citizen exchange activities of Sister Cities
International; cultural exchange programs in music and the
arts; and increased exchanges with Africa and countries with
significant Muslim populations.
Latin America, Central America, and the Caribbean.--
Expanded exchange programs in the Western Hemisphere are
supported, with an emphasis on indigenous and other minority
populations, including an additional $3,000,000 to continue
exchange programs in Central America, to be allocated as
follows: $1,250,000 for English Access Microscholarships,
$1,250,000 to continue the Community College Program, $250,000
for undergraduate Opportunity Grants, and $250,000 for summer
institutes at United States universities.
The Department of State is directed to continue the
development of expanded cultural, educational, and professional
exchanges with the Caribbean.
Women and exchanges.--The Department of State is urged to
fund professional exchanges for women in areas relating to
business development, trade, leadership, and private and public
sector management to enhance the economic development of
participants and their countries.
Youth Exchange and Study Program.--The bill provides
$23,000,000 to support the goals of this program and encourages
its growth in countries with significant Muslim populations,
where the perception of the United States faces the greatest
challenges. In commemoration of the fifth anniversary of the
program and in recognition of the impact of the program in
promoting dialogue, increasing understanding and enhancing
cultural diplomacy between the United States and foreign
countries, it is recommended that the program be named in honor
of its originators, subject to prior consultation with the
Committees on Appropriations.
One-time International Exchange Grant Program.--The bill
provides $6,000,000 for one-time competitive grants for
international exchanges. Grants shall address issues of mutual
interest to the United States and other countries, consistent
with the program criteria established in Public Law 110-161.
Programs shall support the actual exchange of people and should
benefit a population that is not being addressed through
existing authorized exchanges. The Department of State shall
submit a report of those organizations that are eligible for a
grant and, not later than September 1, 2009, submit a report to
the Committees on Appropriations describing the grant
recipients and intended use of funds.
Programs which received funding under this one-time grant
program in fiscal year 2008, or which were listed in the
explanatory statement but did not apply, are not listed for
consideration in fiscal year 2009. Programs listed in the
fiscal year 2008 explanatory statement that applied, but did
not receive funding, also are not listed but should be
considered eligible for the fiscal year 2009 program. The
Department of State is encouraged to consider new proposals for
one-time funding from previously funded grantees within
discretionary funding if they meet appropriate guidelines.
Exchange programs eligible for consideration for this
competitive program shall include:
Concordia College, for intensive critical language and
cultural immersion exchange programs.
Castleton State College, for international service-learning
exchange programs.
KIDmocracy, for student exchange with Egypt on democracy
and governance.
Hofstra University, for critical language exchange
programs.
Korean American Empowerment Council, for exchanges with the
Republic of Korea.
Marquette University, for exchanges between United States
and Liberian officials.
New Mexico State University/Youth Works International, for
bringing young leaders from developing countries to the Gila
Wilderness for land management training.
Pasadena Sister Cities Committee, for student exchanges
with China.
The American Foundation for Tibetan Cultural Preservation,
for cultural exchanges.
Vermont Law School, for an exchange program with China to
address environment, energy, and related governance issues.
REPRESENTATION ALLOWANCES
The bill provides $8,175,000 for Representation Allowances,
which is $66,000 above the fiscal year 2008 level and the same
as the request.
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
The bill provides $22,814,000 for Protection of Foreign
Missions and Officials, the same as the fiscal year 2008 level
and $4,814,000 above the request. The bill includes sufficient
funds above the request to begin to reimburse eligible costs of
providing security protection of diplomatic delegations to the
United Nations and other international organizations that were
incurred in prior years, and up to $2,400,000 is available to
reimburse certifiable costs incurred by municipalities hosting
extraordinary events.
The Department of State is directed to prepare and submit a
report not later than 60 days after enactment of this Act and
every six months thereafter on the amount of claims for
extraordinary protective services that have been submitted by
eligible jurisdictions and certified as meeting the program
requirements and the amount of unobligated funds available to
pay such claims.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
The bill provides $1,706,569,000 for Embassy Security,
Construction, and Maintenance, which is $205,994,000 above the
comparable level for fiscal year 2008, excluding emergency
appropriations, and $218,390,000 below the comparable request.
Of the amount provided, $801,344,000 is for operations,
maintenance and construction, $770,000,000 is for priority
worldwide security upgrades, acquisition, and construction, and
$135,225,000 is for the overseas facilities construction
program of USAID. The comparable level for fiscal year 2008
includes $75,000,000 appropriated under the ``Capital
Investment Fund of the United States Agency for International
Development'' heading.
The bill provides funding for USAID's overseas facility
construction program under this heading, rather than under
USAID's ``Capital Investment Fund'' heading, as requested and
as provided in fiscal year 2009. The Department of State and
USAID are directed to work in concert to manage overseas
facilities to more effectively and efficiently meet United
States foreign affairs objectives. Coordination should include
worldwide facilities assessments, planning, requests for
funding, and implementation of facilities construction and
maintenance activities.
The Secretary of State is directed to submit an annual plan
on the joint requirements of the Department of State and USAID,
including planned facilities upgrades and new construction for
each fiscal year. The Secretary of State also is directed to
report to the Committees on Appropriations, not later than 90
days after enactment of this Act, on a plan to address
maintenance costs.
The Under Secretary for Management shall consult with the
Committees on Appropriations on a regular and ongoing basis on
the design of any proposed self-financed New Embassy Compound.
Section 7034(i) provides that $2,000,000 from funds
available under this heading shall be for the Capital Security
Cost-Sharing contribution of the Library of Congress. The
Government Accountability Office (GAO) is requested to examine
the utility of overseas facilities for the Library of Congress
and report to the Committees on Appropriations not later than
August 1, 2009, including recommendations on the space needed
and what efficiencies can be made while maintaining the
Library's resource acquisition mission.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
(INCLUDING TRANSFER OF FUNDS)
The bill provides $9,000,000 for Emergencies in the
Diplomatic and Consular Service, which is $73,000 above the
fiscal year 2008 level and $10,000,000 below the request.
The bill provides the funds under the heading for emergency
evacuations and for authorized rewards payments.
BUYING POWER MAINTENANCE ACCOUNT
The bill provides $5,000,000 for the Buying Power
Maintenance Account to manage exchange rate losses in the cost
of Department of State operations overseas. The amount provided
is $5,000,000 above both the fiscal year 2008 level, excluding
supplemental appropriations, and the request. The Secretary of
State is urged to include a request for funding in this account
in future budget requests.
REPATRIATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The bill provides $1,353,000 for the Repatriation Loans
Program Account, which is $78,000 above the fiscal year 2008
level and the same as the request. Of this amount, $678,000 is
for the Direct Loans Subsidy and $675,000 is for administrative
expenses.
The bill includes language allowing funds under the heading
for administrative expenses to be transferred to, and merged
with, ``Diplomatic and Consular Programs''.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
The bill provides $16,840,000 for Payment to the American
Institute in Taiwan, which is $621,000 above the fiscal year
2008 level and the same as the request.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND
The bill provides $157,100,000 for Payment to the Foreign
Service Retirement and Disability Fund, which is $1,800,000
below the fiscal year 2008 level and the same as the comparable
request.
International Organizations
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
The bill provides $1,529,400,000 for Contributions to
International Organizations, which is $185,971,000 above the
fiscal year 2008 level and the same as the request. This is in
addition to $75,000,000 provided in Public Law 110-252.
The Office of Management and Budget is directed to request
sufficient funds to pay annual assessed dues and any
accumulated arrears to international organizations, and the
Department of State is encouraged to evaluate the benefit of
United States membership on an annual basis.
The decision to incorporate the United Nations (UN)
Procurement Task Force (PTF) into the Office of Internal
Oversight Services (OIOS) must not result in a diminished
commitment by the UN to continue effective fraud and corruption
investigations. Over the past three years, the PTF has been
effective by identifying more than 20 significant fraud and
corruption schemes in cases with an aggregate contract value in
excess of $630,000,000. The results of the PTF (and the Oil for
Food investigations and prosecutions) underscore the need for
the UN to be vigilant in protecting the integrity of donor
funds. Eighty-five percent of UN procurement supports
peacekeeping operations, and according to GAO, peacekeeping
field procurement has not been effectively reformed and remains
a high-risk area for fraud and abuse.
The UN should affirm its commitment to a strong oversight
body, which is independent and resistant to retaliation by UN
employees and their respective governments. The Department of
State is directed to make procurement reform a top priority at
the UN and to ensure that sufficient resources are made
available for vigorous procurement oversight and investigation
capabilities.
The Department of State is directed to report to the
Committees on Appropriations not later than 120 days after
enactment of this Act on the voting practices of UN member
states for the current and past three years on matters
regarding Iran, Israel, Sudan, and Zimbabwe, as well as on the
reform efforts of the UN.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
The bill provides $1,517,000,000 for Contributions for
International Peacekeeping Activities, which is $294,483,000
above the fiscal year 2008 level, excluding emergency
appropriations, and $20,000,000 above the request. This amount
is in addition to $150,500,000 provided in Public Law 110-252.
The bill includes language (section 7051), as requested by the
President, to adjust the authorized level of United States
assessments for peacekeeping activities for calendar year 2009
and prior years from 25 percent to 27.1 percent, consistent
with the level set in fiscal year 2008 (Public Law 110-161).
The Department of State is directed to provide full funding
for the United States assessed contribution to the UN/African
Union Hybrid operation in Darfur (UNAMID). The Department shall
work with members of the Security Council and countries
contributing troops, police, personnel, and equipment to
UNAMID, in addition to interested non-governmental
organizations, to ensure full and swift deployment. The
Department of State should also ensure that UNAMID personnel
receive training on prevention of, and response to, violence
against women.
The Department of State is directed to support oversight of
peacekeeping missions by the UN's OIOS to identify waste, fraud
and abuse, including sexual abuse within every UN peacekeeping
mission, and submit to the Committees on Appropriations a
performance report on the progress of these efforts.
International Commissions
The bill provides funding to fully meet United States
treaty obligations to international commissions in fiscal year
2009 and recognizes that funds are requested under the
Department of State as a result of international treaties.
However, the Secretary of State is encouraged to examine
efficiencies in operations and equipment that could be achieved
with other United States Government agencies.
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
SALARIES AND EXPENSES
The bill includes $32,256,000 for the Salaries and Expenses
account of the Commission, which is $2,072,000 above the fiscal
year 2008 level and the same as the request.
CONSTRUCTION
The bill includes $43,250,000 for construction, which is
$44,459,000 below the fiscal year 2008 level and $1,000,000
below the request. Funds made available under this heading
shall be allocated in the following manner:
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Fiscal
Project/activity year 2009 Budget
request authority
------------------------------------------------------------------------
Boundary-wide construction........................ 1,500 1,500
Water Quantity Program Rio Grande Flood Control... 14,750 19,750
Rehabilitation and Canalization.................. 13,000 16,750
Water Quality Program--(including Tijuana 28,000 22,000
Secondary Treatment).............................
---------------------
Total--Construction........................... 44,250 43,250
------------------------------------------------------------------------
The funding in the table above for the Rio Grande Flood
Control Rehabilitation and Canalization is in addition to
$37,500,000 appropriated under this heading in chapter 9 of
Division B in the Consolidated Security, Disaster Assistance,
and Continuing Appropriations Act, 2009. Sufficient funds are
provided to complete upgrades to the International Wastewater
Treatment Plant to treat secondary wastewater from the Tijuana
River.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
The bill provides $11,649,000 for American Sections,
International Commissions, which is $798,000 above the fiscal
year 2008 level and $200,000 above the request.
The bill includes the following: $7,559,000 for the
International Joint Commission (IJC); $1,970,000 for the
International Boundary Commission, United States and Canada;
and $2,120,000 for the Border Environment Cooperation
Commission. The bill also includes a proviso requiring the IJC
to submit a financial report to the Committees on
Appropriations.
INTERNATIONAL FISHERIES COMMISSIONS
The bill provides $29,925,000 for the International
Fisheries Commissions, which is $3,613,000 above the fiscal
year 2008 level and $7,925,000 above the request. This amount
reflects the actual treaty-obligated dues for fiscal year 2009.
Funds are allocated in the following table, subject to the
requirements of section 7019 of this Act:
INTERNATIONAL FISHERIES COMMISSIONS
[Budget authority]
------------------------------------------------------------------------
Fiscal year Budget
Commission 2009 request authority
------------------------------------------------------------------------
Great Lakes Fishery Commission.......... 13,140,000 19,200,000
Water Quality Improvements and .............. [1,200,000]
Lamprey Control....................
Inter-American Tropical Tuna Commission. 1,785,000 1,785,420
Pacific Salmon Commission............... 2,936,000 3,200,000
International Pacific Halibut Commission 2,300,000 3,500,000
Other Marine Conservation Organizations:
International Whaling Commission.... 182,000 166,000
North Pacific Anadromous Fish 139,000 180,000
Commission.........................
International Commission for the 250,000 270,000
Conservation of Atlantic Tunas.....
Northwest Atlantic Fisheries 200,000 355,000
Organization.......................
Commission for the Conservation of 94,000 123,516
Antarctic Marine Living Resources..
North Atlantic Salmon Conservation 50,000 55,000
Organization.......................
International Council for the 218,000 254,970
Exploration of the Sea.............
North Pacific Marine Science 104,000 113,800
Organization.......................
International Sea Turtle 129,000 140,000
Conservation.......................
Antarctic Treaty.................... 36,000 35,000
Western and Central Pacific 317,000 426,294
Fisheries Commission...............
Expenses of the United States 120,000 120,000
Commissioners......................
Subtotal--Other Marine 1,839,000 2,239,580
Conservation Organizations.......
-------------------------------
Total--International Fisheries 22,000,000 29,925,000
Commissions......................
------------------------------------------------------------------------
Within the amount provided for the Great Lakes Fishery
Commission, $1,200,000 is for lamprey control and water quality
improvements and the Commission should consider a proposal of
the Lake Champlain Basin Program.
RELATED AGENCY
Broadcasting Board of Governors
INTERNATIONAL BROADCASTING OPERATIONS
The bill provides $698,187,000 for International
Broadcasting Operations, which is $38,844,000 above the fiscal
year 2008 level, excluding emergency appropriations and
$44,386,000 above the request. This amount is in addition to
$7,899,000 provided in Public Law 110-252. Funding made
available in fiscal year 2009 under this heading shall be
allocated to the following activities in the amounts designated
in the table below, subject to the requirements of section 7019
of this Act:
INTERNATIONAL BROADCASTING OPERATIONS--PROGRAM LEVEL
[Budget authority in thousands of dollars]
------------------------------------------------------------------------
Fiscal
Program/activity year 2009 Budget
request authority
------------------------------------------------------------------------
International Broadcasting Operations
Voice of America (VOA)............................ 184,686 194,756
\1\ Radio and TV Marti............................ 34,392 34,392
Engineering and Technical Services................ 169,961 172,319
Agency Direction.................................. 26,795 29,500
International Broadcasting Bureau Management and 25,785 25,785
Support..........................................
Program Support................................... 13,789 14,155
---------------------
Subtotal, International Broadcasting 455,408 470,907
Operations...................................
Independent Grantee Organizations
Radio Free Europe/Radio Liberty (RFE/RL).......... 87,225 89,954
Radio Free Asia (RFA)............................. 33,166 35,832
Middle East Broadcasting Networks (MBN)........... 112,394 109,393
---------------------
Subtotal, Independent Grantee Organizations... 232,785 235,179
---------------------
Total, International Broadcasting Operations 688,193 706,086
Program Level................................
Less FY 2009 Bridge Funds in P.L. 110-252......... 0 -6,000
Less Supplemental Funds for Tibetan Broadcasting 0 -1,899
Surge (P.L. 110-252).............................
---------------------
Total, International Broadcasting Operations 688,193 698,187
Appropriation in Bill........................
------------------------------------------------------------------------
\1\ Budget requested funding as a separate account.
The bill includes sufficient funding, including funds
provided in Public Law 110-252, and funds provided in Public
Law 110-329, in fiscal year 2009 to maintain broadcasting in
languages services at the fiscal year 2008 program levels which
the BBG proposed to reduce or eliminate in the fiscal year 2009
request. It is recognized that international broadcasting
conditions and costs are variable and that estimates for
maintaining language services may escalate over the course of a
fiscal year due to exchange rate losses or other circumstances.
The BBG is directed to notify the Committees on Appropriations
of any such modifications to language service levels
recommended in the table above for fiscal year 2009.
Sufficient funds are available in fiscal year 2009 to
continue VOA and RFA Tibetan broadcasts at the fiscal year 2008
surge levels. Section 7071(c)(3) of the bill directs not less
than $8,000,000 for broadcasting into North Korea through RFA
Korea Service and VOA Korea Service.
The BBG is encouraged to continue its ongoing efforts to
improve audience reach by utilizing the most effective means of
transmission. However, going silent in many critical languages
and regions is not supported. In addition, there is concern
with the dismantling of shortwave capacity. The BBG should re-
examine the capabilities of shortwave radio and continue to
deploy it where it is determined to be most effective,
particularly to countries where there is limited or no access
to independent media.
The BBG is encouraged to explore the potential of digital
shortwave technology as a means of delivering high-quality
transmissions at low cost to millions of listeners. The BBG
also is encouraged to consider whether existing English
language broadcast programming can be used by VOA, if
authorized standards are met.
The bill includes a provision, section 7041, intended to
strengthen transparency, integrity and accountability
concerning the content of broadcasts to the Middle East.
Programs supported under this heading are intended to reach
countries where fair and unbiased local media is limited and
therefore broadcasting a variety of views is required. The BBG
should continue to pursue free and fair broadcasting, and in
particular provide many points of view to maintain balanced
reporting. The Board is directed, in conjunction with the MBN,
VOA, and RFE/RL, to make public English transcripts on a case
by case basis if requested by the Committees on Appropriations.
Sufficient funds are included to continue the transparency
directives begun in fiscal year 2008 regarding Alhurra.
BROADCASTING CAPITAL IMPROVEMENTS
The bill provides $11,296,000 for Broadcasting Capital
Improvements, which is $635,000 above the fiscal year 2008
level and the same as the request.
RELATED PROGRAMS
The Asia Foundation
The bill provides $16,000,000 for The Asia Foundation,
which is $626,000 above the fiscal year 2008 level and
$6,000,000 above the request.
United States Institute of Peace
The bill provides $31,000,000 for operating expenses for
the United States Institute of Peace, which is $6,203,000 above
the fiscal year 2008 level, excluding emergency appropriations,
and $2,000,000 below the request.
Center for Middle Eastern-Western Dialogue Trust Fund
The bill provides $875,000 for the Center for Middle
Eastern-Western Dialogue Trust Fund, which is $7,000 above the
fiscal year 2008 level and the same as the request.
Eisenhower Exchange Fellowship Program
The bill provides $500,000 for the Eisenhower Exchange
Fellowship Program, which is $4,000 above the fiscal year 2008
level and the same as the request.
Israeli Arab Scholarship Program
The bill provides $375,000 for the Israeli Arab Scholarship
Program, which is $3,000 above the fiscal year 2008 level and
the same as the request.
East-West Center
The bill provides $21,000,000 for the East-West Center,
which is $1,658,000 above the fiscal year 2008 level and
$11,000,000 above the request.
National Endowment for Democracy
The bill provides a total of $115,000,000 for the National
Endowment for Democracy (NED), of which $100,000,000 is to be
allocated in the traditional and customary manner among the
core institutes. The amount provided is $15,000,000 above the
comparable fiscal year 2008 level and $35,000,000 above the
request. The additional $15,000,000 in the bill is provided for
a small grants program, democracy promotion, human rights and
rule of law activities including in China, Burma, Cuba, Russia,
Pakistan, Afghanistan, Malaysia, Somalia, Sudan, and Iran, as
well as for the Reagan-Fascell Democracy Fellows Program, the
Center for International Media Assistance and the World
Movement for Democracy. Further, $250,000 is provided for human
rights and democracy programs relating to Tibet.
The President of the NED is required to submit a report to
the Committees on Appropriations not later than 45 days after
enactment of this Act on the proposed uses of these funds on a
regional and country basis. The report should include a
description of programmatic goals for each region and country,
and how the planned use of funds will meet such goals.
This grant to the Department of State is a pass-through
directly to NED. Thus, funds under this heading shall not be
subject to prior approval by the Department of State or USAID
or administrative or management surcharges, and minimal
expenses, if any, should be charged to general Department of
State operating expenses. Further, the NED should not be
precluded from competitively bidding on democracy, human
rights, and rule of law grant solicitations.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
SALARIES AND EXPENSES
The bill provides $599,000 for salaries and expenses of the
Commission for the Preservation of America's Heritage Abroad,
which is $104,000 above the fiscal year 2008 level and the same
as the request.
Commission on International Religious Freedom
SALARIES AND EXPENSES
The bill provides $4,000,000 for salaries and expenses of
the Commission on International Religious Freedom, which is
$727,000 above the fiscal year 2008 level and the same as the
request.
The bill includes $250,000, as requested, for the
establishment and operation by the Commission of a Joseph R.
Crapa Fellows Program.
Within the increase provided, the Commission is encouraged
to focus on religious freedom and other human rights concerns
in China and the study of global anti-Semitism and publish
independent reports on its findings.
Commission on Security and Cooperation in Europe
SALARIES AND EXPENSES
The bill provides $2,610,000 for salaries and expenses of
the Commission on Security and Cooperation in Europe, which is
$259,000 above the fiscal year 2008 level and the same as the
request.
Congressional-Executive Commission on the People's Republic of China
SALARIES AND EXPENSES
The bill provides $2,000,000 for salaries and expenses of
the Congressional-Executive Commission on the People's Republic
of China, which is $16,000 above the fiscal year 2008 level and
the same as the request.
United States-China Economic and Security Review Commission
SALARIES AND EXPENSES
The bill provides $4,000,000 for salaries and expenses of
the United States-China Economic and Security Review
Commission, which is $32,000 above the fiscal year 2008 level
and the same as the request.
The bill includes a proviso setting a limitation of not
more than $4,000 for official representation expenses, the same
level as fiscal year 2008.
The Commission's submission of a spending plan on March 1,
2008 to the Committees on Appropriations pursuant to Public Law
110-161 concluded that the Commission was not at that time able
to fully meet all of the recommendations of the GAO's audit of
the Commission (GAO-07-1128). In particular, the Commission has
not fully implemented the GAO's recommendations with respect to
necessary controls and staff training on financial management
and budgeting, procurement and contracting, and human
resources. During fiscal year 2009, the Commission shall ensure
implementation of the remaining reforms recommended by GAO and
required by law. Not later than 60 days after enactment of this
Act, GAO shall report to the Committees on Appropriations on
the extent to which the Commission is in compliance with fully
implementing the GAO's recommendations.
The bill includes a proviso making applicable to the
Commission the authorities relating to the treatment of
employees and printing and binding costs that are in the
statute governing the activities of the Congressional-Executive
Commission on the People's Republic of China. The bill carries
forward the following provisos from the fiscal year 2008 Act; a
proviso relating to compensation levels for the Commission's
Executive Director; a proviso treating travel by Commission
members and staff under the same rules and procedures that
apply to travel by Members and staff of the House of
Representatives; a proviso related to performance-based cash
awards; and a proviso related to regular employee performance
appraisals.
United States Senate--China Interparliamentary Group
SALARIES AND EXPENSES
The bill provides $150,000 for salaries and expenses of the
United States Senate-China Interparliamentary Group, which is
$1,000 above the fiscal year 2008 level and $150,000 above the
request.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
The bill provides $808,584,000 for Operating Expenses,
which is $178,728,000 above the fiscal year 2008 level,
excluding emergency appropriations, and $41,400,000 above the
request. USAID shall provide a spending plan to the Committees
on Appropriations not later than 120 days after enactment of
this Act on the allocation of these funds.
Contracting and procurement.--USAID shall make efforts to
ensure that United States small, minority-owned, and
disadvantaged business enterprises are able to fully
participate in USAID contracts for the provision of goods and
services. USAID should consult with the Committees on
Appropriations on specific actions taken and the success of
these efforts on a bi-annual basis.
Partner vetting.--USAID should continue efforts to improve
its vetting system to ensure that funds are not diverted to
international terrorist organizations; however, vetting
procedures must not dissuade legitimate implementing partners
from participating in USAID programs. USAID shall provide the
Committees on Appropriations with regular updates on progress
made in developing such a system and is directed to provide a
report on the efficacy of the partner vetting pilot program in
the West Bank and Gaza not later than 180 days after enactment
of this Act.
Staffing.--As USAID's ability to attract and retain the
highest caliber professionals has been in decline for a decade,
the bill provides funding for implementation of the Development
Leadership Initiative (DLI), as proposed in the fiscal year
2009 budget request. USAID is directed to prioritize the hiring
of employees who have experience and technical expertise in the
areas of greatest demand, including acquisitions and
contracting, and up to 30 mid-level individuals may be hired to
meet staffing needs under the DLI. Efforts should be undertaken
to recruit from groups that are underrepresented in the Foreign
and Civil Service. USAID should conduct a thorough human
resources assessment, including a review of existing
capabilities, a delineation of future needs as identified in
country-program plans, and an assessment of needs related to
near-term and long-term facilities requirements. USAID is
directed to consult with the Committees on Appropriations on
the rebuilding of professional staff.
CIVILIAN STABILIZATION INITIATIVE
Civilian Stabilization Initiative (CSI).--The bill provides
a total of $75,000,000 to continue to stand up a capacity for
the Department of State, USAID, and other relevant civilian
agencies to respond to post-conflict stabilization and
reconstruction challenges, which is $75,000,000 above the
fiscal year 2008 enacted level and $173,631,000 below the
request. This funding is in addition to $55,000,000, which was
provided for such purposes in Public Law 110-252. Within the
amounts provided in this bill, $30,000,000 is included under
this heading and $45,000,000 is included under the ``Civilian
Stabilization Initiative'' heading under title I for this
purpose.
Funds under this heading are made available for the
internal surge portion of the initiative, including hiring and
training USAID personnel; prepositioning equipment for the
active and standby response corps; and deployment. In addition,
up to $6,000,000 is available for the Office of Surge
Administration. No funding is provided to implement the
civilian reserve corps portion of the initiative.
The bill includes a proviso requiring the Secretary of
State and the USAID Administrator to submit a coordinated joint
spending plan and integrated implementation strategy for funds
made available in fiscal years 2008 and 2009 for the CSI not
later than 60 days after enactment of this Act.
CAPITAL INVESTMENT FUND
The bill provides $35,775,000 for Capital Investment Fund
(CIF), which is $51,512,000 below the fiscal year 2008 level
and $135,225,000 below the request. USAID shall provide a
spending plan to the Committees on Appropriations not later
than 120 days after enactment of this Act on the allocation of
these funds. Funds are provided under this heading to ensure
that USAID continues to invest in information technology,
specifically the Global Acquisition System.
Capital security cost-sharing program.--The bill provides
$135,225,000 under the ``Embassy Security, Construction and
Maintenance'' heading to support the USAID overseas facilities
construction program costs for fiscal year 2009, which is
intended to improve the transparency of functions previously
funded by the CIF.
OFFICE OF INSPECTOR GENERAL
The bill provides $42,000,000 for the Office of Inspector
General, which is $4,308,000 above the fiscal year 2008 level,
excluding emergency appropriations, and $1,400,000 above the
request. Programs that are currently funded through emergency
appropriations should be regularized into the annual budget
process.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
The bill directs funding for certain sectors in the amounts
allocated in the following table and subject to the
requirements of section 7019 of this Act. With the exception of
agriculture programs, funding in this bill for the sectors
identified in the table is the same as the fiscal year 2008
enacted levels and applies to all assistance appropriated in
title III of this Act and in prior Acts for fiscal year 2009.
With respect to agriculture programs, the amount noted in the
chart includes $375,000,000 for agriculture programs in title
III of this Act and an additional $75,000,000 for global food
security programs under the ``Development Assistance'' heading.
------------------------------------------------------------------------
Fiscal
Program [budget authority in thousands of dollars] year 2009
directive
------------------------------------------------------------------------
Agriculture.................................................. 450,000
Basic Education.............................................. 700,000
Biodiversity................................................. 195,000
Clean Energy................................................. 100,000
Higher Education............................................. 133,000
Microenterprise.............................................. 245,000
Water........................................................ 300,000
------------------------------------------------------------------------
GLOBAL HEALTH AND CHILD SURVIVAL
(INCLUDING TRANSFER OF FUNDS)
The bill provides $7,114,000,000 for Global Health and
Child Survival, which is $737,918,000 above the fiscal year
2008 level, excluding emergency appropriations, and
$757,170,000 above the request. Of the total, $1,955,000,000 is
to be apportioned directly to USAID and $5,159,000,000 is to be
apportioned directly to the Office of the Global AIDS
Coordinator (OGAC) at the Department of State. Funds in this
account are allocated in the following table, subject to the
requirements of section 7019 of this Act:
GLOBAL HEALTH AND CHILD SURVIVAL
------------------------------------------------------------------------
Fiscal year
Program, by account [budget authority in 2009 Budget
thousands of dollars] request authority
------------------------------------------------------------------------
USAID Child Survival and Maternal Health...... 369,500 495,000
Polio..................................... 20,661 32,000
Micronutrients............................ n/a 30,000
Vitamin A............................. n/a 20,000
Iodine Deficiency Disorder................ n/a 2,000
GAVI Fund................................. n/a 75,000
USAID Vulnerable Children..................... 10,000 15,000
Blind Children............................ n/a 2,000
USAID Family Planning/Reproductive Health..... 301,700 455,000
USAID Other Infectious Diseases............... 554,600 640,000
Tuberculosis.............................. 84,500 162,500
Global TB Drug Facility............... n/a [15,000]
Malaria................................... 385,000 382,500
Avian Influenza........................... 50,000 65,000
Neglected Diseases........................ 25,000 25,000
Unallocated Other Infectious Diseases..... 10,100 5,000
-------------------------
Subtotal, USAID Child Survival and 1,577,830 1,955,000
Health.................................
HIV/AIDS Programs USAID HIV/AIDS.............. 342,030 350,000
Microbicides.............................. 35,000 45,000
Department of State HIV/AIDS (OGAC/GHAI)...... 4,779,000 5,159,000
UNAIDS.................................... 35,000 40,000
Global Fund............................... 200,000 600,000
-------------------------
Total--Global Health and Child Survival....... 6,356,830 7,114,000
------------------------------------------------------------------------
Child Survival and Maternal Health
Child survival.--USAID shall continue the targeted child
survival program that was started in fiscal year 2008 and is
also encouraged to collaborate with UNICEF's accelerated child
survival and development program.
Of the funding provided for child survival and maternal
health programs, $2,000,000 is provided for iodine deficiency
programs, including through the UNICEF partnership.
USAID should consider the work of the Institute for Global
Health at the University of Massachusetts Amherst, the OLG
Health Foundation and Autism Centre, Teleton Mexamerica and
their rehabilitation centers, and Partners in Health/Zanmi
Lasante.
Maternal health.--Maternal health is a key global health
intervention and USAID is directed to make publicly available
the amount and uses of maternal health funding, by country.
USAID should expand obstetric fistula programs in a manner
that addresses both immediate health services and long term
training.
Vulnerable children.--The bill provides $15,000,000 for
displaced children, orphans, blind children, and other
vulnerable children. Assistance for children affected by HIV/
AIDS is addressed elsewhere in the bill. USAID should consider
the work of the Fabretto Children's Foundation and CHRISTUS
Health System.
Of the funding provided for vulnerable children, $2,000,000
is provided for child blindness programs. USAID should consider
the work of Helen Keller International, Christian Blind
Mission, and Operation Smile.
Polio.--The bill provides $32,000,000 for polio programs.
Family Planning/Reproductive Health
The bill provides a total of $545,000,000 for voluntary
family planning/reproductive health programs, of which
$455,000,000 is provided under this heading. Funds made
available for family planning and reproductive health shall
include funding for activities in areas where population growth
threatens biodiversity or endangered species.
Health Care Workforce and Infrastructure
USAID is directed to provide a report to the Committees on
Appropriations not later than 180 days after enactment of this
Act on current efforts to strengthen health systems, including
spending by program, and progress made. The report should
include a summary of OGAC's plans to implement the World Health
Organization (WHO) task shifting guidelines and a summary of
the health care infrastructure that will be built with HIV/AIDS
funding in this Act. USAID should consider the work of
Physicians for Peace, the Dikembe Mutombo Foundation, the
Global Institute for Community Health and Development at the
University of Miami, Doc to Dock, the John F. Kennedy Memorial
Medical Center, the Metro Atlanta Neurosurgery Foundation,
Project HOPE, the Healey Family Foundation, Serabu Hospital,
and Loma Linda University.
Infectious Diseases
Tuberculosis (TB).--Of the total provided for tuberculosis,
$15,000,000 is provided for the Global Tuberculosis Drug
Facility. USAID is encouraged to collaborate with WHO when
appropriate.
Malaria.--Malaria funding should be made available in
accordance with country strategic plans incorporating best
public health practices including insecticide-treated bed nets,
artemisinin combination therapies, and indoor residual
spraying, and with significant support for purchase of
commodities and equipment, working with the WHO when
appropriate.
Avian influenza virus.--The bill provides $65,000,000 for
programs to combat avian influenza and to improve surveillance
to respond to other emergent zoonotic diseases of significant
public health concern, which is in addition to $75,000,000
provided for avian influenza in Public Law 110-252. USAID
should consider the work of the Global Avian Influenza Network
for Surveillance.
Neglected diseases.--The bill provides $25,000,000 to
continue USAID's support for an integrated response to
neglected tropical diseases.
Noma.--USAID is directed to consult with the Committees on
Appropriations regarding possible efforts to prevent noma and
treat those afflicted.
Global HIV/AIDS
AIDS vaccine.--USAID should consider the work of the
International AIDS Vaccine Initiative.
Blood safety.--OGAC is directed to consult with the
Committees on Appropriations on its efforts to put in place a
comprehensive, integrated multi-year strategic approach that
will address the blood safety problem. OGAC should consider the
work of Safe Blood for Africa.
Cost sharing.--Prior to the initiation of new country
programs, or extension of existing programs, OGAC shall report
to the Committees on Appropriations that such a program
includes cost sharing assurances with governments, and
transition strategies to ensure sustainability of such programs
under other international donor support, or budget support by
respective foreign governments.
Evaluation of global HIV programs.--USAID and OGAC are
expected to increase funding for operations research, impact
evaluation research, and program monitoring to ensure that
interventions and approaches to service delivery are evidence-
based and continuously improved over time.
Food security.--OGAC is directed to provide not less than
$100,000,000 for programs that address short-term and long-term
approaches to food security as components of a comprehensive
approach to fighting HIV/AIDS, and is encouraged to support
programs that address the development and implementation of
nutrition support, guidelines, and care services for people
living with HIV/AIDS.
Global Fund to Fight AIDS, Tuberculosis and Malaria.--The
bill provides not less than $600,000,000 for a United States
contribution to the Global Fund. The Secretary of State shall
consult with the Committees on Appropriations on the fiscal
year 2009 contribution to the Global Fund, taking into account
the projected budget shortfall in 2009.
The Global Fund should continue to make strides in
financial and programmatic accountability by continuing
implementation of an enhanced financial reporting system that
tracks grant recipients (including government, civil society,
and faith-based sub-recipients), maintaining an independent
Office of Inspector General, and disbursing grants based on
performance. Oversight of the Global Fund remains a high
priority. The Secretary of State is directed to provide a
report to the Committees on Appropriations not later than 120
days after enactment of this Act that contains the most recent
Global Fund audit information, commitment and disbursement
data, and a summary of the recipient and sub-recipient
expenditures as reported to the United States Government.
Human capacity issues.--Programs to train community health
care workers, doctors, nurses, and other health professionals
should be continued and expanded to include pediatric training,
training in prevention education, and in counseling and
testing. OGAC should consider the training programs at the
Fogarty International Center and the Centers for Disease
Control and Prevention.
Media programs.--USAID, in collaboration with OGAC, should
continue HIV prevention-related local and national media
programs in Africa and Asia.
New Partners Initiative.--OGAC should continue grant-making
under this Initiative through a competitive process and
priority should be given to proposals that have technical
merit, cost-effective budgets, and achievable objectives. OGAC
should consider the work of Artists for Charity, Global
Renewal, Inc., and Hoops for Africa.
Orphans and vulnerable children.--OGAC is directed to meet
the ten percent statutory mandate for programs for orphans and
vulnerable children. These funds are intended to build the
long-term capacity of local organizations, including faith-
based organizations, and communities to support and deliver
services in an innovative and multi-faceted manner to families,
orphans, and vulnerable children affected by HIV/AIDS. OGAC is
urged to support work with local governments and non-
governmental organizations, including faith-based
organizations, to protect orphans and vulnerable children
affected by HIV/AIDS from sexual violence.
Regional programs.--USAID, in coordination with OGAC, is
encouraged to expand support for regional programs and should
consider the work of TREAT Asia.
TB/HIV co-infection.--OGAC is directed to provide not less
than $150,000,000 for joint TB/HIV programs.
Research and Development
USAID should expand collaboration with other donors and
governments to develop new medicines, diagnostics, and vaccines
for diseases that affect the developing world. USAID is
directed to continue to provide the annual research and
development report to the Committees on Appropriations not
later than September 30, 2009.
USAID should consider the work of the International AIDS
Vaccine Initiative, the Malaria Vaccine Initiative, Medicines
for Malaria Venture, the Aeras Global TB Vaccine Foundation,
and PATH's HealthTech partnership.
Microbicides.--Not less than $45,000,000 should be made
available to support the development of microbicides and for
product preparedness. USAID should consider the work of the
International Partnership for Microbicides. USAID is directed
to report not later than 90 days after enactment of this Act on
USAID's strategic work plan for microbicides product
development, especially with regard to USAID's plans for next
generation product development.
DEVELOPMENT ASSISTANCE
The bill provides $1,800,000,000 for Development
Assistance, which is $176,378,000 above the fiscal year 2008
level, excluding emergency appropriations, and $160,945,000
above the request. In the fiscal year 2009 budget request, the
Administration categorized countries as either falling under
the ``Development Assistance'' or the ``Economic Support Fund''
headings according to their current development status. The
bill follows this designation unless otherwise noted. Funds in
this account are allocated in the following table, subject to
the requirements of section 7019 of this Act:
DEVELOPMENT ASSISTANCE
------------------------------------------------------------------------
Fiscal
Country [Budget authority in thousands of year 2009 Budget
dollars] request authority
------------------------------------------------------------------------
Bangladesh........................................ 39,060 40,000
Brazil............................................ 5,000 15,000
Cambodia.......................................... 17,226 17,000
Chad............................................. 200 5,000
China............................................ 0 11,000
Dominican Republic............................... 20,700 25,700
Ecuador.......................................... 22,585 26,585
Ethiopia......................................... 69,765 75,000
Ghana............................................ 23,200 25,000
Guatemala........................................ 28,795 29,000
India............................................ 900 10,000
Indonesia........................................ 122,021 71,000
Kenya............................................ 42,750 42,750
Laos............................................. 250 1,000
Mongolia......................................... 6,800 7,500
Namibia.......................................... 0 5,025
Peru............................................. 53,293 63,293
Philippines...................................... 56,703 30,000
Sri Lanka........................................ 4,000 5,241
Thailand......................................... 4,500 4,500
Timor-Leste...................................... 8,140 23,000
Uganda........................................... 35,150 40,950
Vietnam.......................................... 10,700 15,000
------------------------------------------------------------------------
Agriculture
USAID should support a multi-faceted program strategy that
provides immediate relief to vulnerable populations and
increases access to food in the short-term as well as
developing strategies and programs that support long-term,
sustainable agricultural practices in food insecure countries
to reduce the dependence on food aid, particularly in Africa
and Asia. USAID should prioritize the development of programs
for small-holder farmers, cooperatives, and vulnerable
populations, including female-headed households, as well as the
expansion of agriculture extension, training, research, and
education to prepare farmers and communities to adapt to global
climate change. USAID is encouraged to coordinate efforts to
increase food security and agricultural production around the
world with international efforts, including those of the World
Bank and UN agencies. USAID is directed, in consultation with
the Committees on Appropriations, to develop a plan for
increasing the number of agriculture specialists in the field
commensurate with the need. The bill provides $75,000,000 for
global food security, including local purchase, in addition to
funds otherwise made available for such purposes.
Agriculture programs
USAID should consider the work of the World Cocoa
Foundation/National Confectioners Association, the United
Nations University Food and Nutrition Program, and the
International Fertilizer Development Center.
Support for dairy development programs, which reach large
numbers of rural farmers, is continued. USAID should provide
not less than $30,000,000 to dairy and livestock development
with a focus on programs in Afghanistan, Sudan, and Haiti.
The Global Crop Diversity Trust was created to collect,
document and store seeds securely in order to preserve genetic
diversity and $7,000,000 is provided for a United States
contribution to the Trust's endowment.
Agricultural research
Support is continued for agricultural research through the
Consultative Group on International Agricultural Research,
which plays a central role in USAID's research program. USAID
should consider the work of the International Wheat and Maize
Improvement Center.
The bill provides $29,000,000 for Collaborative Research
Support Programs (CRSPs) to support plant and biotechnology
research and development programs to improve food security and
income generation, particularly in Africa and Asia. Research
and development on salt-resistant crops and on ridge tillage
land use systems in West and sub-Saharan Africa are supported.
Economic Growth
USAID should prioritize programs that increase economic
growth in developing countries as part of a multi-faceted
strategy that seeks to expand opportunities for the poorest
segments of society. USAID should consider gender differences
in the design and implementation of programs to promote
economic growth. USAID should consider the work of Georgia
State University, New Mexico State University, the Caribbean
Institute, and the Students in Free Enterprise Africa
Development Program.
Artisans.--USAID should consider the work of Aid to
Artisans and Barro Sin Plomo.
Cooperative Development Program.--The bill provides
$10,000,000 for USAID's Cooperative Development Program within
the Office of Private and Voluntary Cooperation.
Financial market assistance in transition countries.--USAID
should continue programs that provide technical assistance in
the building and development of stock exchanges, central banks,
financial regulatory institutions, and private financial
intermediaries. USAID should consider the work of the Financial
Services Volunteer Corps.
Governance.--USAID should consider the work of the
Institute for State Effectiveness.
Infrastructure.--Investment in critical infrastructure can
sustain economic growth when coupled with a comprehensive
development strategy, and USAID is encouraged to continue
collaborating with the Millennium Challenge Corporation (MCC)
in this area. USAID should expand efforts, similar to those
undertaken by UN-Habitat, to improve housing opportunities in
urban settings, especially in Kibera in Nairobi, Kenya. USAID
should also consider the work of the Niall Mellon Township
Trust.
Microfinance.--The bill provides $245,000,000 for
microfinance and microenterprise development programs for the
poor, especially women. USAID should work with private
nongovernmental organizations, microfinance networks and
private voluntary organizations to maximize assistance to poor
clients. Of the total, 50 percent of funds should be for grants
to private networks, practitioner institutions, and
nongovernmental organizations, and USAID's Office of
Microenterprise should provide grants through a central funding
mechanism for contracts, cooperative agreements and grants in
order to ensure that programs in the field are based on best
practices. Further, of the total, $20,000,000 should be
provided for microfinance service providers working with people
infected with HIV/AIDS. USAID should consider the work of
CHOICE Humanitarian and Esperanza International.
Property rights.--Programs that address property rights,
create private real estate markets, and improve the regulation
of land tenure in order to provide economic opportunity for the
poorest of the poor should be expanded. USAID should consider
the work of the International Real Property Foundation.
Rural electrification.--USAID should consider the work of
the International Rural Power Access and Cooperative
Electrification program.
Small and medium enterprises.--Programs that increase
access to capital for small and medium-sized enterprises,
including those owned by women in developing countries, should
be expanded. USAID is directed to develop a plan to expand its
programming in this area and to consult with the Committees on
Appropriations.
Telecommunications.--USAID should consider the work of the
United States Telecommunications Training Institute.
Trade capacity building.--The bill provides a total of
$20,000,000 for trade capacity building related to the Central
American Free Trade Agreement, including $10,000,000 under this
heading; and $10,000,000 for trade capacity building assistance
to meet environmental standards related to the Peru Free Trade
Agreement from the amounts provided for Peru under this
heading.
USAID is encouraged to support programs that allow
countries to benefit from the opportunities provided through
the African Growth and Opportunity Act, including programs that
regulate intellectual property as a means for social and
economic development.
Education
Basic education.--The bill provides a total of
$700,000,000, of which $400,000,000 is provided under this
heading for basic education. Education should be a key
component of the United States Government's development
strategy in developing countries. Of the amounts provided for
basic education, $240,000,000 should be used to provide
assistance in developing countries that have a national
education plan.
The bill includes language in section 7064 that establishes
a three-country pilot program and USAID should consult with the
Committees on Appropriations on potential countries for such
programs. Each country should develop a five-year
implementation plan that supports the national education plan.
This pilot program should develop best practices that can be
utilized by other missions and should be staffed by qualified
education specialists.
USAID should continue funding for programs to increase
access to basic education for children in sub-Saharan Africa,
including Ethiopia, through the reduction or elimination of
school fees.
USAID is directed to provide the Committees on
Appropriations with a report not later than 180 days after
enactment of this Act on implementation of the United States
Government-wide strategy and all government basic education
programs, and information about how such programs support
national education plans.
USAID should consider the work of Alfalit International,
the Issa Foundation, Social Contract Training Foundation, and
World ORT.
Higher education and workforce development.--The bill
provides $133,000,000 for vocational, undergraduate, and
graduate education, which should be focused on countries
emerging from conflict that have an urgent need for
professionals skilled in public administration, education,
agriculture, engineering, public health and other fields
necessary for recovery and development. In addition, USAID
should prioritize higher education in countries that have
already made significant strides in providing quality basic and
secondary education to their populations.
USAID should consider the work of the Asian University for
Women, the Center for Educational Excellence, the Center of
Entrepreneurship, the Center for Strategic Learning at Hofstra
University, and Spelman College.
Continued funding for scholarships at United States
colleges and post-secondary institutions for students with high
financial need from Latin America and elsewhere is encouraged
and USAID should consider the work of the Cooperative
Association of States for Scholarships program.
American Schools and Hospitals Abroad program.--The bill
provides $22,500,000 for the American Schools and Hospitals
Abroad program, with the expectation that USAID will allocate
funds under terms and conditions similar to prior fiscal years.
USAID should consider the work of the American University of
Beirut; American University in Kosovo; Ashdod Emergency Medical
Center; EARTH University in Costa Rica; Edith Wolfson Medical
Center; Feinberg Graduate School of the Weizmann Institute of
Science; Hadassah Medical Organization; Hebrew University;
Johns Hopkins University's Centers in Nanjing, China and
Bologna, Italy; Kigali Medical University Foundation; Lebanese
American University; Shaare Zedek Medical Center; Tel Aviv
University; and the University of Kabul.
Energy and Environment
Clean energy.--The bill provides $100,000,000 for programs
and activities that reduce global warming by promoting the
sustainable use of renewable energy technologies and energy
efficient end-use technologies, carbon sequestration, and
carbon accounting. Given the growing demand for energy in
developing countries and concern with climate change, USAID is
strongly encouraged to strengthen the capacity of its staff
with expertise in these issues.
Biodiversity.--Funding for biodiversity should prioritize
programs that protect tropical forests and the habitat of
endangered species, as well as wetlands and marine ecosystems.
The bill provides $25,000,000 for these activities in the
Amazon Basin, of which $15,000,000 is for USAID's Initiative
for Conservation in the Andean Amazon and $10,000,000 is for
such activities in the Brazilian Amazon. In addition,
$17,500,000 is provided for the Congo Basin Forest Partnership,
including $2,500,000 for the United States Fish and Wildlife
Services programs to protect the habitat of great apes in
Central Africa.
USAID should consider working with other public and private
donors to protect wildlife in eastern Niger and continue work
to protect newly discovered wildlife in Southern Sudan.
USAID should also expand its work in marine ecosystems in
order to preserve the habitat for coral and tropical fish and
consider the work of the Coral Reef Small Grants Program.
Funding for the United States National Park Service for
technical and training programs for protected area management
in Samlaut, Cambodia, in consultation with USAID, should be
considered.
Not less than $4,000,000 is provided for continued support
of the Colombian National Park Service and nongovernmental
organizations working in buffer zones to protect Colombia's
national parks and indigenous reserves.
USAID should work with the Government of Ecuador to support
achieving the goals of the Galapagos Invasive Species Fund.
USAID should continue programs to protect the habitat of
orangutans in Borneo and Sumatra.
USAID should consider the work of the Florida Aquarium, the
Wildlife Conservation Society, the Center for International
Forestry Research, the Peregrine Fund, and the Cheetah
Conservation Fund.
Global Programs
Child marriage.--USAID is encouraged to consider the
prevalence of child marriage when developing country operating
plans and should increase programmatic focus on this issue.
Democracy.--USAID's work in the area of democracy and
governance is important and funding for these programs should
increase in fiscal year 2009. Democracy programs should be
balanced between states in conflict and those working to
consolidate and continue their democratic transition. USAID
should consider the work of the University of Kentucky School
of Law.
Patrick Leahy War Victims Fund.--USAID is directed to
provide not less than $13,000,000 to support this fund which
assists persons who are severely disabled as a result of armed
conflict.
Reconciliation programs.--The bill provides $25,000,000 to
support programs that bring together and facilitate interaction
between individuals of different ethnic, religious and
political backgrounds from areas of civil conflict and war. Of
this amount, $9,000,000 is available for such activities in the
Middle East. The intent of this program is to maximize the
participation of local civil society organizations and to
involve antagonists directly in people-to-people activities
which promote mutual understanding, trust and problem solving.
USAID should consider the work of LibforAll Foundation, In His
Shoes Ministries, Cooperation Ireland in conjunction with
Syracuse University, Jerusalem International YMCA, the Arava
Institute for Environmental Studies, Empower Peace Foundation,
Peace Research Institute in the Middle East, and Project
Children.
Safe water.--The bill provides not less than $300,000,000
from all accounts in this Act for water and sanitation supply
projects pursuant to the Senator Paul Simon Water for the Poor
Act of 2005 (Public Law 109-121). Recognizing that growing
populations and the shortage of safe water is a cause of
disease and conflict, funding should be used to provide safe
water and sanitation in high priority countries that are
selected based on the criteria in Public Law 109-121.
Increasing access to safe drinking water should continue to be
the highest priority in the programming of these funds. Of this
amount, not less than $125,000,000 should be made available for
programs and activities in sub-Saharan Africa. USAID should
ensure sufficient staff resources are in place for implementing
safe water and sanitation programs. USAID shall consult with
the Committees on Appropriations on the uses of these funds.
USAID should consider the work of the International Arid
Lands Consortium and the International Rural Water Association.
Of the total, up to $20,000,000 should be made available to
USAID's Global Development Alliance for public-private
partnerships, particularly with nongovernmental organizations.
USAID should consider programs to increase access to
potable water in the Kapchorwa District of Uganda, and should
consider expanding efforts related to reverse osmosis water
purification and household water treatment to reduce morbidity
and mortality in developing countries.
USAID should consider funding for water resource management
through small-scale irrigation in Darfur to counter the effects
of flash flooding and frequent droughts.
University programs.--USAID should continue its support of
a competitive university grants program under terms and
conditions similar to prior years. The Department of State and
USAID should consider proposals from the following
institutions, among others, through a transparent and
competitive funding process: Auburn University; Georgia State
University; Gonzaga University; Iowa State University; James
Madison University; Morehouse College; South Dakota School of
Mines and Technology; Stetson University College of Law; Temple
University's School of Law; University of Iowa; University of
Kentucky; University of Missouri at Columbia; and Western
Kentucky University.
Victims of torture.--The bill provides $13,000,000 under
this heading for programs and activities that address the needs
of victims of torture. Programs funded with these funds should
be consistent with the goals of Public Law 106-87, the Torture
Victims Relief Reauthorization Act of 1999.
In addition, USAID should provide support to foreign
torture treatment centers and programs should ensure that
culturally appropriate care is provided. USAID should consider
the work of the Peter C. Alderman Foundation.
Women's leadership capacity building.--The bill provides
$15,000,000 for programs which enhance leadership and economic
opportunities for women in developing countries. Funds should
also be used to provide technical assistance and capacity
building for women's organizations. USAID should consider the
work of Women's Campaign International.
Country Issues
Bangladesh.--USAID and the Department of State are directed
to work with the Government of Bangladesh to strengthen human
rights and rule of law.
Cambodia.--The bill provides funding for assistance for
Cambodia under this heading, of which up to $2,000,000 is for
programs to improve the capacity of Cambodian judicial, law
enforcement, and social institutions involved in combating
human trafficking.
Chad.--USAID should continue efforts in Chad to assist
refugees and internally displaced persons, including
facilitating the delivery of assistance and helping coordinate
humanitarian aid provided by other donors.
Eastern Africa.--USAID should be moving from emergency
response to reconstruction and long-term development in regions
such as southern Sudan, northern Uganda, the Democratic
Republic of the Congo, and Chad as much as possible. USAID is
directed to consult with the Committees on Appropriations on
implementation of these activities. USAID is directed to
increase efforts in Africa to provide assistance to victims and
potential victims of rape and sexual violence in Darfur,
eastern Chad, eastern Democratic Republic of the Congo, and the
Central African Republic.
Guatemala.--Funding under this heading should be available
to support legal reform initiatives and programs to combat
crimes of violence that specifically target Guatemalan women
and girls in order to conform Guatemalan law with international
standards.
India.--The bill provides $10,000,000 for assistance for
India to continue rule of law, health and energy/environment
programs. Efforts to assist the victims of the Bhopal tragedy
to obtain support from the Government of India to establish and
fund a commission to administer social, economic and medical
rehabilitation programs, implement environmental restoration of
polluted land, and provide funding for clean drinking water
should continue.
Indonesia.--USAID and the Department of State should work
with the Government of Indonesia to ensure that religious
freedom and diversity is protected and those responsible for
attacks on religious minorities and institutions are
prosecuted.
Namibia.--The bill provides $5,025,000 for assistance for
Namibia, of which $2,000,000 is for democracy and governance
programs, to be administered by USAID.
Vietnam.--The bill provides $15,000,000 for assistance for
Vietnam, which should focus on judicial and economic reform
programs to strengthen the rule of law, protect human rights,
and expand economic opportunities. Of this amount, $3,000,000
is provided to continue environmental remediation of dioxin
contamination at the Da Nang Airport and related health
activities in nearby communities in Vietnam.
INTERNATIONAL DISASTER ASSISTANCE
The bill provides $350,000,000 for International Disaster
Assistance, which is $30,261,000 above the fiscal year 2008
level, excluding emergency appropriations, and $51,950,000
above the request.
The Office of Foreign Disaster Assistance is urged to adopt
the Emergency Education principles as defined by the United
Nations Educational, Scientific and Cultural Organization and
include education as a component of humanitarian interventions
to the extent practicable.
TRANSITION INITIATIVES
The bill provides $50,000,000 for Transition Initiatives,
which is $5,365,000 above the fiscal year 2008 level and
$10,000,000 above the request.
DEVELOPMENT CREDIT AUTHORITY
(INCLUDING TRANSFER OF FUNDS)
The bill provides $8,000,000 for the administrative
expenses of the Development Credit Authority (DCA), which is
$94,000 below the fiscal year 2008 level and $400,000 above the
request. In addition, $25,000,000 is provided by transfer for
programs.
DCA is encouraged to expand its programming in the area of
safe water and sanitation.
ECONOMIC SUPPORT FUND
(INCLUDING TRANSFER OF FUNDS)
The bill provides $3,007,000,000 for Economic Support Fund
(ESF), which is $574,609,000 above the fiscal year 2008 level,
excluding emergency appropriations, and $146,743,000 below the
request. Funds in this account shall be allocated in the
following table, subject to the requirements of section 7019 of
this Act:
ECONOMIC SUPPORT FUND
------------------------------------------------------------------------
Fiscal year
Country/program [Budget authority in thousands 2009 Budget
of dollars] request authority
------------------------------------------------------------------------
Africa:
Horn of Africa and Pan Sahel Program........ 0 10,000
Liberia..................................... 90,245 90,300
Sierra Leone................................ 11,000 11,000
Special Court............................. [7,000] [9,000]
Somalia..................................... 20,250 20,250
Sudan....................................... 254,100 254,100
Zimbabwe.................................... 26,000 26,000
East Asia and Pacific:
Burma....................................... 13,750 15,000
Cambodia.................................... 0 10,000
Indonesia................................... * 65,000
Malaysia.................................... 0 500
North Korea................................. 2,000 2,500
Philippines................................. * 30,000
Thailand.................................... 0 2,500
Tibet....................................... 1,400 7,300
Europe and Eurasia:
Cyprus...................................... 11,000 11,000
Turkey...................................... 0 7,500
Near East:
Egypt....................................... 200,000 200,000
Jordan...................................... 263,547 263,547
Lebanon..................................... 67,500 67,500
Libya....................................... 0 2,500
MEPI........................................ 87,000 50,000
Middle East Regional Cooperation............ 3,000 5,000
Near East Regional Democracy................ n/a 25,000
Syria....................................... 0 2,500
Tunisia..................................... 0 1,500
West Bank and Gaza.......................... 75,000 75,000
Yemen....................................... * 21,000
South and Central Asia:
Afghanistan................................. 707,000 732,000
Afghan Civilian Assistance Program........ n/a [12,000]
National Solidarity Program............... n/a [50,000]
Women & Girls Programs.................... n/a [100,000]
Nepal....................................... 13,015 22,151
Pakistan.................................... 453,200 425,000
Western Hemisphere:
Colombia.................................... 142,366 200,000
Haiti....................................... 84,200 121,250
Mexico...................................... * 15,000
Global Programs:
Disability Programs......................... n/a 4,000
Economic and Social Development Fund........ n/a 12,000
Extractive Industries Transparency.......... n/a 3,000
House Democracy Assistance.................. n/a 2,000
Kimberley Process........................... n/a 3,000
Oceans and International Environment and 62,250 38,000
Scientific Affairs.........................
Civilian Science Research Initiative...... n/a [5,000]
World Bank Carbon Facility................ n/a [5,000]
Office to Monitor and Combat Trafficking in 7,183 12,000
Persons....................................
Reconciliation Programs..................... n/a 12,500
Title VIII.................................. n/a 5,000
Trade Capacity Building--Central America.... n/a 10,000
Wheelchairs................................. n/a 10,000
------------------------------------------------------------------------
*Funding was requested under the ``Development Assistance'' heading.
Africa
Democratic Republic of the Congo.--The bill continues
assistance for post-conflict stabilization. Violence associated
with the exploitation of natural resources, particularly
columbite-tantalite, is of concern.
Horn of Africa and Pan Sahel Program.--The bill provides
not less than $10,000,000 for programs and activities to
counter extremism in the Horn of Africa and Pan Sahel regions
of Africa to be administered by USAID at the mission level.
Liberia.--USAID should support efforts to increase access
to electricity, and should expand programs that promote and
strengthen the rule of law, consistent with country plans.
USAID and the Department of State should support
international efforts to trace and freeze assets allegedly
confiscated and controlled by former Liberian President Charles
Taylor, and by his family members and associates. Funding is
encouraged to support programs that work with the Liberian
Solicitor General to identify and recover these funds.
USAID should consider the work of North Carolina State
University.
Sierra Leone.--The bill provides funding for assistance for
Sierra Leone under this heading, of which $9,000,000 is for the
Special Court for Sierra Leone.
Sudan.--The bill provides $254,100,000 for assistance for
Sudan, of which a portion should be used to support a long-term
development program in southern Sudan that includes adequate
attention to rule of law, institution building, health, basic
education, agriculture, and economic growth. USAID and the
Department of State are directed to report to the Committees on
Appropriations on an annual basis on progress in southern
Sudan.
The Department of State is directed to report to the
Committees on Appropriations not later than 120 days after
enactment of this Act on actions taken by the Government of
China related to Sudan, including any efforts undertaken to
impede international sanctions, dilute international
condemnation of the Government of Sudan, or otherwise assist
the Government of Sudan in avoiding its obligations to comply
with existing UN resolutions. The report should also include
any efforts undertaken by the Government of China to pressure
the Government of Sudan to end the genocide in Darfur, a brief
description of the Department of State's efforts since the
start of the genocide to engage the Government of China on the
issue of Darfur, and specific proposals for obtaining the
cooperation of the Government of China in this effort.
Europe and Eurasia
Cyprus.--The bill provides $11,000,000 for assistance for
Cyprus for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at
reunification of the island. There are concerns that some
projects on Cyprus have been funded without advance
consultation with the Government of the Republic of Cyprus.
Such consultations should occur whenever practicable in the
interest of transparency in the allocation of funds. The
requirements of section 7034(k) shall apply with respect to the
provision of assistance to nongovernmental organizations.
Tunisia.--The bill provides $1,500,000 for assistance for
Tunisia to support human rights organizations and programs.
Turkey.--The bill provides $7,500,000 for assistance for
Turkey. The Department of State shall consult with the
Government of Turkey and the Committees on Appropriations on
the uses of these funds.
Near East
Egypt.--Within the amount provided for project assistance,
up to $20,000,000 shall be made available for democracy,
governance, and human rights programs and not less than
$35,000,000 shall be for education programs, of which
$10,000,000 is for scholarships for Egyptian students with high
financial need. The requirements of section 7034(k) shall apply
with respect to the provision of assistance to nongovernmental
organizations.
Jordan.--The bill provides $263,547,000 for assistance for
Jordan.
Lebanon.--The bill provides $67,500,000 for programs in
Lebanon, of which not less than $10,000,000 is for scholarships
for students in Lebanon with high financial need, including at
American educational institutions. These funds are to be
awarded through an open and competitive process. Of the total
for Lebanon, $500,000 is provided for the United States Forest
Service's forest management and wildlife conservation programs
in Lebanon.
Middle East Partnership Initiative (MEPI).--The bill
provides $50,000,000 to continue regional programs
traditionally managed by MEPI, of which $8,000,000 should be
used to continue a scholarship program to educate students from
countries with significant Muslim populations, including at
American educational institutions in those countries. These
funds are to be awarded through an open and competitive
process. The Department is directed to report to the Committees
on Appropriations on coordination with other offices
responsible for funding similar programs. USAID should consider
the work of Street Law.
Middle East Regional Cooperation Program.--The bill
provides $5,000,000 for the Middle East Regional Cooperation
Program to promote technical cooperation between Arab and
Israeli scientists, students, and communities on topics
relevant to development in the Middle East.
Middle East regional programs.--USAID should consider
technical assistance to increase the capacity of
nongovernmental organizations to meet the humanitarian and
psycho-social needs of the affected population in Sderot and
Western Negev, including through programs to train emergency
response teams.
West Bank and Gaza.--The Department of State and USAID
should continue to support reform efforts of the Palestinian
Authority.
Up to $2,000,000 of the funds provided under this heading
may be used to augment administrative expenses of USAID to
facilitate program administration and not less than $3,000,000
should be designated for local nongovernmental organizations
operating in the West Bank to strengthen civil society and
improve social services for the Palestinian people.
USAID should consider the work of the First Regional
Cooperative Program for Health to be conducted by the Hebrew
University's Kuvin Center, Al Quds University, and St. John Eye
Hospital Jerusalem.
South and Central Asia
Afghanistan.--The bill provides a total of $1,041,950,000
for assistance for Afghanistan. USAID should intensify efforts
to address widespread corruption and heavy dependence on
illicit crops that continue to erode public confidence in the
Afghan government. As in the past, a portion of the funding for
Afghanistan is withheld from obligation, until the Secretary of
State certifies to the Committees on Appropriations that the
Government of Afghanistan at both the national and provincial
levels is cooperating fully with United States-funded
eradication and interdiction efforts in Afghanistan. A national
security waiver is included.
The Secretary of State is directed to report to the
Committees on Appropriations not later than 180 days after the
date of enactment of this Act on its efforts to increase
participation by member states in the North Atlantic Treaty
Organization's mission in Afghanistan against the Taliban and
Al-Qaeda.
USAID should continue support for the National Solidarity
Programme.
Afghan women and girls.--The bill provides $100,000,000 for
programs for women and girls, of which $15,000,000 is provided
for training and equipment to improve the capacity of women-led
Afghan nongovernmental organizations, and to support the
activities of such organizations. USAID is directed to more
aggressively conduct outreach to such organizations,
particularly those in remote areas, to inform them of USAID
programs and procedures. USAID should make building the
capacity of women's organizations a priority. The Department of
State shall submit a report to the Committees on Appropriations
not later than September 30, 2009, describing the use of funds
provided in fiscal years 2008 and 2009 to address the needs of
Afghan women and girls.
Independent Human Rights Commission.--USAID should continue
support for the Afghan Independent Human Rights Commission and
other Afghan human rights organizations.
Civilian Assistance Program.--The bill provides $12,000,000
for continued support for USAID's Afghan Civilian Assistance
Program, to assist victims of military operations.
Higher education.--Of the funds made available for
education programs in Afghanistan, a significant portion is to
be made available to support programs in vocational and higher
education, including in public administration, engineering,
public health, education, and other fields necessary to rebuild
the country.
Pakistan.--The bill provides $425,000,000 for assistance
for Pakistan, in addition to sums provided in Public Law 110-
252. USAID is urged to prioritize programs that strengthen
democratic governance and the rule of law, create educational
and economic opportunities for Pakistani youth, and invest in
the energy and agriculture sectors. The assistance provided is
intended for programs and not direct budget support. Funding is
also provided to continue economic development for the
Federally Administered Tribal Areas (FATA). The Secretary of
State is directed to press the democratically-elected
Government of Pakistan on human rights, particularly with
respect to women and girls, judicial independence and freedom
of the press. The Government of Pakistan is urged to move
expeditiously to remedy constitutional breaches of the previous
regime by restoring the independent judiciary, freeing
political prisoners and ensuring due process.
Western Hemisphere
Central America.--The bill provides $12,000,000, within
Western Hemisphere regional funds, for assistance for countries
in Central America to continue the ``Economic and Social
Development Fund for Central America.'' These funds should be
administered by USAID, in consultation with the Department of
State. USAID is directed to consult with the Committees on
Appropriations prior to the obligation of these funds.
Colombia.--The bill provides $200,000,000 for economic
assistance programs in Colombia apportioned directly to USAID
for continued support of new and ongoing development programs.
Within the total, $45,000,000 shall be available to support
internally displaced persons, refugees and other indigenous
vulnerable groups, of which $3,500,000 is transferred to
``Migration and Refugee Assistance'' for emergency relief
through nongovernmental organizations for Colombian refugees in
neighboring countries. Additionally, up to $15,000,000 of the
funds made available for Colombia under this heading is
directed to be used for programs which specifically benefit
Afro-Colombian and indigenous communities.
Haiti.--The bill provides a total of $121,250,000 for
assistance for Haiti.
USAID should continue funding for watershed reforestation
to stabilize Haiti's fragile hillsides and support sustainable
agriculture.
Crowding, excessive pre-trial detention, and inhumane
conditions in the National Penitentiary are of concern and
USAID should support efforts to address this problem.
USAID should consider the work of the Management Sciences
for Health, Pure Water for the World, and Florida Association
of Volunteer Action in the Caribbean and Americas.
Mexico.--The bill provides $15,000,000 for assistance for
Mexico for economic assistance and civil society institution
building.
Asia
Cambodia.--The bill provides $10,000,000 for assistance for
Cambodia under this heading and an additional $17,000,000 under
the ``Development Assistance'' heading, including for an
endowment.
Indonesia.--The bill provides $65,000,000 for assistance
for Indonesia under this heading, and an additional $71,000,000
under the ``Development Assistance'' heading. USAID should
continue its programs in Aceh and maintain a presence.
The Department of State should work with the Government of
Indonesia to ensure that the United Nations and other
humanitarian organizations have free access to people in need
in Papua.
Nepal.--The bill provides $22,151,000 for assistance for
Nepal under this heading to support security sector reform,
governance and other development activities.
Philippines.--The bill provides $30,000,000 for assistance
for the Philippines under this heading, and an additional
$30,000,000 under the ``Development Assistance'' heading. USAID
should continue support for conflict resolution activities in
Mindanao and expand judicial training programs.
Thailand.--The bill provides $2,500,000 for assistance for
Thailand under this heading for development and conflict
resolution programs in southern Thailand. An additional
$4,500,000 is also included under the ``Development
Assistance'' heading.
Tibet.--The bill provides $7,300,000 for assistance for
programs that preserve cultural traditions and promote economic
development and environmental conservation in Tibetan
communities, to be administered by USAID. The Special
Coordinator for Tibetan Issues should play an active role in
the allocation of funds for programs and activities in Tibet,
as authorized by Public Law 107-223.
Organizations involved in China rule of law programs should
seek opportunities to conduct programs that can improve the
human rights situation and the administration of justice in
Tibetan areas, including Tibetan areas outside the Tibetan
Autonomous Region.
USAID should consider the work of The Bridge Fund.
Timor-Leste.--The bill provides $23,000,000 for assistance
for Timor-Leste under this heading, of which $1,500,000 is to
be used for higher education scholarships including vocational
training, undergraduate, and graduate studies.
Global Programs
Asia-Pacific Partnership Program.--The bill provides no
funding for this program.
Civilian Research and Development Foundation.--The bill
provides $5,000,000 for programs that engage scientists in the
establishment of new international partnerships through
cooperative research and development activities to provide
former weapons scientists the opportunity to participate in
scientific research with their civilian counterparts to develop
skills relevant for sustained civilian employment.
Democracy.--The bill provides the following amounts for
democracy and governance programs, in addition to funds
otherwise made available for such purposes: $2,500,000 for
Libya; $500,000 for Malaysia, to be administered by the
Department of State; $2,500,000 for North Korea; $2,500,000 for
Syria; and $25,000,000 for Near East Regional Democracy (NERD).
The Department of State shall consult with the Committees on
Appropriations on the uses of NERD funds, which shall be
awarded on a competitive basis.
Disabilities.--The bill provides $4,000,000 for programs
that address the needs and protect the rights of people with
disabilities in developing countries. Funding should be used to
support the public dissemination of information on independent
living, advocacy, education and transportation through
accessible technologies, other than the Internet. USAID should
consider funding partnerships between United States entities
with expertise in these issues and organizations with expertise
in communications technology not requiring the Internet, to
benefit disability organizations and individuals with
disabilities in developing countries.
Environmental protection.--USAID should consider the work
of the Foundation for Environmental Security and
Sustainability.
Extractive industries.--The bill provides $3,000,000 for a
United States contribution to the Extractive Industries
Transparency Initiative Trust Fund.
Health programs.--The bill provides not less than
$122,000,000 for global health activities under this heading.
Of the total, $70,000,000 is for child survival activities;
$51,000,000 is for family planning/reproductive health
programs; and $1,000,000 is for infectious diseases.
Kimberley Process.--The bill provides $3,000,000 for the
Kimberley Process Certification Scheme, with an emphasis on
regional efforts to combat cross-border smuggling and to
strengthen the role and capacity of civil society groups in the
Kimberley Process.
Parliamentary exchanges.--The bill provides $2,000,000 for
the House Democracy Assistance Commission. This program is not
included in the fiscal year 2009 justification material and is
therefore subject to the notification requirements of section
7015.
Trafficking in persons.--The bill provides $12,000,000 for
programs to prevent trafficking in persons consistent with the
Trafficking Victims Protection Act of 2000.
Wheelchairs.--The bill provides $10,000,000 for wheelchair
programs in developing countries to be allocated through a
fully open and competitive process. Programs should provide
quality, low-cost wheelchairs that utilize appropriate
technologies, and are sustainable.
DEMOCRACY FUND
The bill provides $116,000,000 for the Democracy Fund,
which is $46,672,000 below the fiscal year 2008 level and
$116,000,000 above the request. Of the total, not less than
$74,000,000 is for the Bureau of Democracy, Human Rights and
Labor at the Department of State, and not less than $37,000,000
is for the Office of Democracy and Governance of the Bureau of
Democracy, Conflict, and Humanitarian Assistance at USAID.
Expanding access to information.--The bill provides
$5,000,000 for Internet activities to expand access and
information in closed societies and these funds are to be
awarded on a competitive basis.
Notifications.--In order to increase oversight of democracy
programs, notification is required of any contract, grant, or
cooperative agreement in excess of $1,000,000 from funds made
available under this heading, and in excess of $2,500,000 from
funds made available under other headings in the bill.
INTERNATIONAL FUND FOR IRELAND
The bill provides $15,000,000 for the International Fund
for Ireland, which is $122,000 above the fiscal year 2008 level
and $15,000,000 above the request.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
The bill provides $650,000,000 for Assistance for Europe,
Eurasia and Central Asia, a new account which merges the
authorities and appropriations for the budget request for
Assistance for Eastern Europe and the Baltic States and
Assistance for the Independent States of the Former Soviet
Union. This amount is $40,050,000 below the fiscal year 2008
level and $28,267,000 above the request for both accounts
referenced above.
Country Programs
Armenia.--Funds are provided to continue governance and
economic development programs. The Department of State is urged
to work with the Government of Armenia to establish an
independent and objective commission to investigate fully the
events surrounding the 2008 presidential election and the
subsequent violence.
Kosovo.--USAID should consider the work of the Kosovo
Memory Book.
North Caucasus.--The bill provides $9,000,000 to continue
programs in the North Caucasus, which shall be used for
humanitarian, conflict mitigation, human rights, civil society
and relief and recovery assistance. USAID should consult with
the Committees on Appropriations on the proposed uses of these
funds.
Russia.--USAID should consider the work of the Russian
Project, including the Moscow-based Moms and Babies Project.
The bill continues language in section 7073 restricting
assistance for the government of Russia due to its support for
the Iranian nuclear program.
South Caucasus.--The Department of State is expected to use
existing authority under section 498B of the Foreign Assistance
Act of 1961 as necessary to carry out confidence-building
measures among the parties to the Nagorno-Karabakh conflict.
The bill provides up to $8,000,000 to address ongoing
humanitarian needs in Nagorno-Karabakh.
Ukraine.--The bill provides $71,500,000 for assistance for
Ukraine to continue governance and economic development
programs. USAID should consider the work of the Ukrainian
Congress Committee of America.
Regional Programs
Civilian science.--Science diplomacy can help address
energy, agriculture, nonproliferation, health and other
pressing global problems. The Department of State should
consider the work of the Science Education for New Civic
Engagements and Responsibilities.
Democracy, anti-trafficking and human rights.--USAID should
consider the work of the Eurasia Foundation, MiraMed, and the
Institute for Sustainable Communities.
Health programs.--The bill provides up to $36,143,000 for
global health and child survival under this account, of which
$8,465,000 is for child survival and maternal health,
$9,000,000 is for family planning/reproductive health programs,
and $18,678,000 is for infectious disease programs. USAID
should consider the work of the Eurasian Medical Education
Program of the American College of Physicians, Hellenicare, and
the Primary Health Care Initiative.
OSCE and OHR accounts.--Within the total provided under
this heading, $52,113,000 is made available for regional
programs, of which, $22,510,000 is available to support the
activities of the Organization for Security and Cooperation in
Europe and $4,200,000 is to support the Office of the High
Representative.
Religious/ethnic discrimination.--USAID should support
programs that address anti-Semitism and religious persecution
in the Russian Federation, Ukraine, and Belarus. The
Coordinator of United States Assistance to Europe and Eurasia
is directed to provide a report to the Committees on
Appropriations not later than 120 days after enactment of this
Act on assistance provided by the United States to address
these concerns and should consider the work of the Union of
Councils for Jews in the Former Soviet Union.
United States Forest Service (USFS).--The bill provides
$500,000 for continued support of the work of the USFS in the
Russian Far East.
Funds in this account are allocated in the following table,
subject to the requirements of section 7019 of this Act:
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
------------------------------------------------------------------------
Fiscal year
Country/region [Budget authority in thousands 2009 Budget
of dollars] request authority
------------------------------------------------------------------------
Central Asia:
Kazakhstan................................ 13,500 13,500
Kyrgyz Republic........................... 23,400 24,400
Tajikistan................................ 25,233 25,233
Turkmenistan.............................. 8,000 7,000
Uzbekistan................................ 7,000 7,000
Regional--Central Asia.................... 6,207 3,000
-------------------------
Subtotal, Central Asia.................. 83,340 80,133
Europe and Eurasia:
Albania................................... 18,910 18,910
Armenia................................... 24,000 48,000
Azerbaijan................................ 19,500 18,500
Belarus................................... 10,000 11,500
Bosnia and Herzegovina.................... 29,485 29,444
Georgia................................... 52,000 52,000
Kosovo.................................... 125,000 120,900
Macedonia................................. 19,003 19,000
Moldova................................... 15,200 14,500
Montenegro................................ 7,000 7,000
Russia.................................... 47,000 60,000
Serbia.................................... 46,274 46,500
Ukraine................................... 69,575 71,500
Total--Europe and Eurasia Regional...... 55,446 52,113
Europe Regional....................... 29,953 28,081
Eurasia Regional...................... 25,493 24,032
-------------------------
Subtotal, Europe and Eurasia........ 538,393 569,867
-------------------------
Total, Europe, Eurasia and Central 621,733 650,000
Asia...............................
------------------------------------------------------------------------
Department of State
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
The bill provides $875,000,000 for International Narcotics
Control and Law Enforcement (INCLE), which is $321,074,000
above the fiscal year 2008 enacted level and $327,061,000 below
the request. The amount provided is in addition to $199,000,000
provided in Public Law 110-252.
Under certain extraordinary circumstances, the Department
of State is required to exercise ``notwithstanding'' authority.
However, this authority has sometimes been used without
notification to the Committees on Appropriations. The Secretary
of State is directed to notify the Committees on Appropriations
in writing each time such authority is used, including
providing a justification for such action.
Country Programs
Afghanistan.--The bill continues a limitation on the use of
funds for aerial eradication through the spraying of herbicides
in Afghanistan, unless the President of Afghanistan requests
such assistance.
Central America.--The bill provides $70,000,000 under the
Merida Initiative for the countries of Central America, subject
to similar requirements as those in Public Law 110-252.
Colombia.--The bill provides $45,000,000 for justice and
rule of law activities, as described in the table under section
7046.
Dominican Republic, Haiti and Guatemala.--The bill includes
$2,500,000 for the Dominican Republic and $2,500,000 for Haiti
as part of the Merida Initiative to support counternarcotics
and border security programs, anti-corruption, judicial reform,
institution-building, and rule of law programs. Additionally,
the bill includes $3,000,000 for continued support of the
International Commission Against Impunity in Guatemala. These
funds are in addition to levels requested by the Administration
under this heading for Guatemala, Haiti and the Dominican
Republic.
Ghana.--USAID should consider the work of the Leitner
Center in Ghana.
Mexico.--The bill provides $246,000,000 under this heading
for continued support of activities related to the Merida
Initiative, subject to similar requirements as those in Public
Law 110-252 including that 15 percent of the funds for law
enforcement activities may not be obligated until the Secretary
of State reports to the Committees on Appropriations that
certain requirements related to human rights have been met. The
bill does not provide or permit any funds to be used for the
purchase or lease of UH-60 transport helicopters, equipment,
training or related assistance; such funding will be considered
at a later date.
Global Programs
International Law Enforcement Academies (ILEA).--The
Department of State should provide the amount requested for
ILEAs.
Intellectual property.--The bill provides $5,000,000 for
programs to combat intellectual property piracy.
International demand reduction programs.--The bill provides
$10,000,000 for drug demand reduction programs.
Missing and exploited children.--The Department of State
should consider the overseas work of the National Center for
Missing and Exploited Children.
Trafficking in persons.--The bill provides $10,000,000
under this heading for activities to prevent trafficking in
persons.
Transfers.--The Secretary of State shall provide a report
not later than 90 days after enactment of this Act that details
funds transferred to the Department of State from the
Department of Defense for programs and activities in Iraq and
Afghanistan, for section 1207 programs, for fiscal years 2005-
2008, and planned transfers for fiscal year 2009.
ANDEAN COUNTERDRUG PROGRAMS
The bill provides $315,000,000 for Andean Counterdrug
Programs, which is $9,808,000 below the fiscal year 2008 level
and $91,757,000 below the request. Funds in this account are
allocated in the following table, subject to the requirements
of section 7019 of this Act:
ANDEAN COUNTERDRUG PROGRAMS
------------------------------------------------------------------------
Fiscal year
Country [Budget authority in thousands of 2009 Budget
dollars] request authority
------------------------------------------------------------------------
Bolivia....................................... 31,000 26,000
Brazil........................................ 1,000 1,000
Colombia...................................... 329,557 242,500
Ecuador....................................... 7,200 7,500
Panama........................................ 1,000 1,000
Peru.......................................... 37,000 37,000
-------------------------
Total--ACP................................ 406,757 315,000
------------------------------------------------------------------------
Colombia.--The bill provides $242,500,000 for interdiction
and eradication activities and $45,000,000 of funding requested
under this heading for rule of law activities is shifted to the
INCLE account.
Twenty percent of funds for aerial spraying may not be made
available unless the Secretary of State certifies that
complaints of harm to human health and licit crops are
thoroughly evaluated and fair compensation is paid in a timely
manner. The Secretary of State is directed to submit a report
to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing all claims, evaluation,
and compensation paid during the 12 month period prior to the
date of enactment.
House Report 110-197 required the Secretary of State, in
consultation with the Secretary of Defense, to report on a
multi-year strategy for the United States assistance program in
Colombia. The Secretary of State is directed to provide a
report to the Committees on Appropriations not later than 45
days after enactment of this Act on the status of this multi-
year strategy.
The bill provides not more than $16,730,000 for
administrative expenses for programs funded under this heading
for the Department of State and not more than $8,000,000 may be
used for USAID administrative expenses for alternative
development/institution building programs funded under the
``Economic Support Fund'' heading.
Peru.--The bill provides $37,000,000 for assistance for
Peru to continue interdiction and eradication activities. USAID
should consider the work of the Field Museum of Chicago.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
The bill provides $525,000,000 for Nonproliferation, Anti-
terrorism, Demining and Related Programs (NADR), which is
$41,945,000 above the fiscal year 2008 level and $26,000,000
above the request. Funds in this account are allocated in the
following table, subject to the requirements of section 7019 of
this Act:
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED PROGRAMS
------------------------------------------------------------------------
Fiscal year
Programs [Budget authority in thousands of 2009 Budget
dollars] request authority
------------------------------------------------------------------------
Nonproliferation Programs
Nonproliferation and Disarmament Fund......... 40,000 41,000
Export Control and Related Border Security 41,300 44,000
Assistance...................................
Global Threat Reduction (formerly NWMDE)...... 64,000 61,000
Biosecurity Engagement Program............ ........... [27,000]
IAEA Voluntary Contribution................... 50,000 61,000
CTBT International Monitoring System.......... 9,900 25,000
Weapons of Mass Destruction Terrorism......... 5,000 2,000
-------------------------
Subtotal, Nonproliferation Programs... 210,200 234,000
Anti-terrorism Programs
Anti-terrorism Assistance..................... 141,475 141,300
Terrorist Interdiction Program................ 8,900 10,000
CT Engagement with Allies..................... 1,200 1,200
Counterterrorism Financing.................... 8,425 8,500
-------------------------
Subtotal, Anti-terrorism Programs..... 160,000 161,000
Regional Stability & Humanitarian Assistance
Humanitarian Demining Program................. 0 65,500
International Trust Fund...................... 0 12,500
Small Arms/Light Weapons Destruction.......... 0 52,000
Conventional Weapons Destruction.............. 128,800 0
-------------------------
Subtotal, Regional Stability & 128,800 130,000
Humanitarian Assistance..............
-------------------------
Total--NADR....................... 499,000 525,000
------------------------------------------------------------------------
MIGRATION AND REFUGEE ASSISTANCE
The bill provides $931,000,000 for Migration and Refugee
Assistance, which is $107,822,000 above the fiscal year 2008
level, excluding emergency appropriations, and $167,000,000
above the request. The amount provided is in addition to
$350,000,000 appropriated in Public Law 110-252.
Administrative expenses.--The bill discontinues the
limitation on administrative expenses carried under this
heading in prior years. The Department of State should continue
to hold administrative expenses to a minimum, in order to
provide the maximum funding possible for overseas refugee
processing and services. The fiscal year 2009 spending plan
shall detail the projected administrative expenses and justify
any increase above the request.
Colombia.--The bill provides $3,500,000 for assistance for
Colombian refugees in neighboring countries by transfer from
the ESF account.
Iraqi refugees.--The Department of State and USAID should
aggressively support refugee relief and resettlement programs
for displaced Iraqis inside and outside of Iraq, including
those displaced in Syria, and for religious minorities.
The Department of State should ensure that the Iraqi
resettlement program remains a priority and that the previous
backlog is addressed.
Migration to Israel.--The bill provides not less than
$30,000,000 for assistance for refugees resettling in Israel.
North Korea.--Assistance should be made available for North
Korean refugees, as authorized by Public Law 108-333.
Tibetan refugees.--The Department of State should work with
the Government of Nepal to ensure the safe transit of Tibetan
refugees and to respect the rights of, and provide legal
protections to, Tibetans residing in Nepal.
Thai-Burma border.--There is continued concern with the
plight of refugees and internally displaced persons along the
Thai-Burma border, and the Department of State shall provide
sufficient resources to address these needs.
United Nations Relief and Works Agency (UNRWA).--The
Department of State is directed to work closely with UNRWA and
host governments to develop a strategy for identifying
individuals known to have engaged in terrorist activities.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND
The bill provides $40,000,000 for the United States
Emergency Refugee and Migration Assistance Fund, which is
$4,635,000 below the fiscal year 2008 level, excluding
emergency appropriations, and $5,000,000 below the request.
Independent Agencies
PEACE CORPS
(INCLUDING TRANSFERS OF FUNDS)
The bill provides $340,000,000 for the Peace Corps, which
is $9,201,000 above the fiscal year 2008 level and $3,500,000
below the request.
The Peace Corps' strategy guiding its geographic
distribution of volunteers should be examined in light of
shifting strategic interests, increasing costs of programs, and
limited resources. The Peace Corps did not respond adequately
to the report required in the explanatory statement
accompanying the Consolidated Appropriations Act, 2008 (Public
Law 110-161). In addition to the annual budget justification,
the Peace Corps shall submit the required report, not later
than 90 days after enactment of this Act, which shall include a
detailed description of the criteria used to assign volunteers
on a country-by-country basis.
The bill includes a new provision requiring the Peace Corps
to follow the regular notification procedures of the Committees
on Appropriations when deciding to open, close, or
significantly reduce the number of personnel of any domestic
office.
MILLENNIUM CHALLENGE CORPORATION
(INCLUDING TRANSFER OF FUNDS)
The bill provides $875,000,000 for the MCC, which is
$669,388,000 below the fiscal year 2008 level and
$1,350,000,000 below the request.
Allocation of funding.--The bill includes $875,000,000 for
the MCC in support of its goals to reduce poverty and promote
sustainable economic growth and democracy through country
compacts. There is concern with the trend of significantly
larger country compacts since the MCC's inception. The average
size of compacts signed in 2005 was $181,000,000. By 2008, the
average had almost tripled to $494,666,667.
Between fiscal years 2004-2008, Congress appropriated
$7,500,000,000 for the MCC for 18 country compacts. Of this
amount, only $353,602,831 had been disbursed by the end of
fiscal year 2008. In an effort to ensure that the MCC does not
become overextended, that existing compacts are meeting their
goals, and future compacts are of a manageable size, the MCC is
urged to limit compact size to not more than $350,000,000 in
fiscal year 2009. There is also a concern that threshold
programs are not meeting their targets, and that a review of
the efficacy of these programs is needed before additional
threshold programs are begun. The MCC shall consult with the
Committees on Appropriations prior to implementing new
threshold programs.
Compact implementation.--Several compacts are scheduled to
be completed in 2010. Due to delays in implementation, several
of them may not complete their programs within the five-year
compact time limit. The MCC shall consult with the Committees
on Appropriations on the status of the compacts on a regular
basis. The MCC shall notify the Committees on Appropriations
immediately if the compact program will not be completed, in
order to allow for consideration by Congress of an extension of
the five-year time limit.
Contracting and procurement.--The MCC is directed to
provide a report to the Committees on Appropriations not later
than 120 days after enactment of this Act on actions taken to
ensure that United States small, minority-owned, and
disadvantaged business enterprises are able to fully
participate in the provision of goods and services that are
financed with funds made available to the MCC.
Indicators.--The MCC Board of Directors is urged to
consider the establishment of an indicator to take into
consideration the votes and positions of countries in
international and multilateral institutions with respect to
internationally recognized human rights, including religious
freedom.
Report.--The MCC is directed to submit a report to the
Committees on Appropriations not later than 180 days after
enactment of this Act describing the MCC's post-compact country
transition plan, including how the investment in each compact
will be utilized, continued and/or maintained by each country
in the future.
INTER-AMERICAN FOUNDATION
The bill provides $22,500,000 for the Inter-American
Foundation, which is $1,670,000 above the fiscal year 2008
level and $2,500,000 above the request.
AFRICAN DEVELOPMENT FOUNDATION
The bill provides $32,500,000 for the African Development
Foundation (ADF), which is $2,743,000 above the fiscal year
2008 level and $2,500,000 above the request.
The ADF is directed to provide a report to the Committees
on Appropriations not later than 90 days after enactment of
this Act that outlines a timeline for implementation of the
recommendations in the June 2008 USAID Inspector General audit
and information about actions taken to ensure that the
shortfalls in the Senegal program are not replicated in other
ADF country programs.
Department of the Treasury
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
The bill provides $25,000,000 for International Affairs
Technical Assistance, which is $4,765,000 above the fiscal year
2008 level and $4,000,000 below the request.
DEBT RESTRUCTURING
The bill provides $60,000,000 for Debt Restructuring, which
is $29,945,000 above the fiscal year 2008 level and $81,000,000
below the request.
The bill provides $20,000,000 to support implementation of
the Tropical Forest Conservation Act.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Funds Appropriated to the President
PEACEKEEPING OPERATIONS
The bill provides $250,200,000 for Peacekeeping Operations,
which is $23,819,000 below the fiscal year 2008 level and
$3,000,000 above the request, to support multilateral
peacekeeping operations and training.
Trans-Sahara Counterterrorism Partnership.--The bill
provides $15,000,000 for this initiative.
Multinational Force and Observers (MFO).--The bill provides
$25,000,000 for a United States contribution to the MFO mission
in the Sinai. Additional funds for security requirements should
be matched by sources other than the United States.
Darfur.--The Department of State may provide up to
$16,000,000 from the Global Peace Operations Initiative to
support peacekeeping efforts in Darfur for training the UNAMID
operation, following consultation with the Committees on
Appropriations.
INTERNATIONAL MILITARY EDUCATION AND TRAINING
The bill provides $91,000,000 for International Military
Education and Training, which is $5,819,000 above the fiscal
year 2008 level and $500,000 above the request.
Guatemala.--The bill continues certification requirements
similar to prior years regarding the Guatemalan Air Force,
Navy, and Army Corps of Engineers and cooperation with the
International Commission Against Impunity.
Western Hemisphere Institute for Security and Cooperation
(WHINSEC).--The Department of State is directed to provide a
report not later than 60 days after enactment of this Act on
all students and instructors at the WHINSEC for fiscal years
2005, 2006 and 2007. This report shall include names; rank;
country of origin; and years of attendance, and may be provided
in classified form.
FOREIGN MILITARY FINANCING PROGRAM
The bill provides $4,635,000,000 for Foreign Military
Financing Program (FMF), which is $183,030,000 above the fiscal
year 2008 level, excluding emergency appropriations, and
$177,000,000 below the request. The amount provided is in
addition to $440,000,000 that was provided in Public Law 110-
252.
Country Programs
Colombia.--The bill provides $53,000,000 for assistance for
Colombia, of which $12,500,000 is to support maritime
interdiction, riverine operations, and to enhance
communications capabilities. The Secretary of State is directed
to provide a report not later than 45 days after enactment of
this Act on the status of the nationalization strategy.
Ethiopia.--The Secretary of State is directed to submit a
report to the Committees on Appropriations detailing actions
taken by the Ethiopian Government to address reports of abuses
of civilians by Ethiopian security forces, particularly in the
Ogaden region, and the continued harassment of members of
opposition political parties and civil society organizations,
including investigating and prosecuting Ethiopian military and
police personnel alleged to have committed abuses.
Guatemala.--The bill provides $500,000 for assistance for
Guatemala, subject to conditions.
Haiti.--The bill provides $2,800,000 for maritime
interdiction efforts, subject to consultation with the
Committees on Appropriations.
Indonesia.--The bill provides $15,700,000 for Indonesia, of
which $2,000,000 is withheld from obligation until the
Secretary of State submits a report to the Committees on
Appropriations pursuant to section 7071(c) that contains the
following information: (1) steps taken by the Government of
Indonesia to revise the Code of Military Justice, Uniform
Criminal Code and other relevant statutes, to permit trying
members of the military alleged to have committed human rights
abuses in Timor-Leste and elsewhere in civilian courts and to
deny promotion, suspend from active service, and/or pursue
prosecution of military officers indicted for serious crimes
and to modernize and professionalize the management of the
Government of Indonesia's defense forces, improve transparency
and accountability in defense spending and operations
respectively, refine further the mission of the Armed Forces
and develop an appropriate national defense budget to execute
that mission; (2) progress made by the National Team for the
Transformation of Indonesian Armed Forces (TNI) Businesses to
complete the transfer of legal businesses; and (3) whether the
Government of Indonesia has written plans to effectively
provide accountability for past violations of human rights by
members of the Armed Forces, is allowing public access to
Papua, including for foreign diplomats, nongovernmental
organizations, and journalists, and has completed the
investigation of the murder of Munir Said Thalib.
Israel.--The bill provides not less than $2,380,000,000 in
grants for Israel which shall be made available within 30 days
of enactment of this Act. In addition, the Supplemental
Appropriations Act, 2008 (Public Law 110-252) included
$170,000,000 for military assistance for Israel for a combined
total of $2,550,000,000 in fiscal year 2009, as requested and
pursuant to a Memorandum of Understanding between the United
States and Israel signed on August 16, 2007. Of the amounts
provided, $670,650,000 is for offshore procurement of military
equipment.
Jordan.--The bill provides $235,000,000 for assistance for
Jordan.
Mexico.--The bill includes funding for assistance for
Mexico, as part of the second phase of the Merida Initiative in
order to fund the remaining three Bell-412 helicopters. The
funds are not intended to purchase or lease UH-60 transport
helicopters.
Morocco.--The Secretary of State is directed to report in
writing not later than 90 days after enactment of this Act, on
steps taken by the Government of Morocco to protect human
rights, and whether it is allowing all persons to: (1) freely
advocate their views regarding the status and future of the
Western Sahara through the exercise of their rights to peaceful
expression and association; and (2) document violations of
human rights in the territory without harassment.
Pakistan.--The bill includes $300,000,000 for assistance
for Pakistan only for strengthening border security along the
border with Afghanistan, to combat terrorism, and to bolster
law enforcement activities directed against Al Qaeda, the
Taliban, and associated terrorist groups. Of this amount, up to
$50,000,000 is to be used to provide assistance to the Frontier
Corps to strengthen and build its capacity to secure the
border, combat terrorism, and prevent the use of the FATA as a
safe haven for terrorist groups.
Tunisia.--The bill provides $12,000,000 for assistance for
Tunisia to transform its military, update equipment, and
increase counterterrorism and international peacekeeping
capabilities. Restrictions on political freedoms, the use of
torture, imprisonment of political dissidents, and persecution
of journalists and human rights defenders are of concern and
progress on these issues is necessary for the partnership
between the United States and Tunisia to further strengthen.
Maritime Security Assistance in Central America.--The bill
provides $15,000,000 to continue the naval cooperation program
in the Caribbean and the countries of Central America and
maintain the ongoing maritime security assistance program in
support of the second phase of the Merida Initiative.
Funds in this account are allocated in the following table,
subject to the requirements of section 7019 of this Act:
FOREIGN MILITARY FINANCING PROGRAM
------------------------------------------------------------------------
Fiscal year
Country/program [Budget authority in thousands 2009 Budget
of dollars] request authority
------------------------------------------------------------------------
Armenia....................................... 3,000 3,000
Azerbaijan.................................... 3,000 3,000
Cambodia...................................... 750 1,000
Colombia...................................... 66,390 53,000
Egypt......................................... 1,300,000 1,300,000
Ethiopia...................................... 4,000 843
Guatemala..................................... 500 500
Haiti......................................... 1,600 2,800
Indonesia..................................... 15,700 15,700
Israel........................................ 2,550,000 2,380,000
Jordan........................................ 235,000 235,000
Lebanon....................................... 62,200 58,200
Mexico........................................ 2,000 39,000
Pakistan...................................... 300,000 300,000
Philippines................................... 15,000 30,000
Poland........................................ 27,000 27,000
Thailand...................................... 800 1,600
Tunisia....................................... 2,262 12,000
Western Hemisphere Maritime Cooperation....... 7,886 15,000
FMF, Administrative Expenses.................. 51,421 51,420
Unallocated FMF............................... 163,491 105,937
-------------------------
Total, Foreign Military Financing Program. 4,812,000 4,635,000
------------------------------------------------------------------------
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
The bill provides $352,500,000 for International
Organizations and Programs, which is $35,603,000 above the
fiscal year 2008 level and $75,600,000 above the request. Funds
are allocated in the following table, subject to the
requirements of section 7019 of this Act:
INTERNATIONAL ORGANIZATION AND PROGRAMS
------------------------------------------------------------------------
Fiscal year
Organization [Budget authority in thousands of 2009 Budget
dollars] request authority
------------------------------------------------------------------------
Center for Human Settlements (UN-Habitat)..... 1,000 2,000
IMO Maritime Security Programs................ 400 400
International Civil Aviation Organization..... 950 950
International Conservation Programs........... 5,900 7,000
International Contributions for Scientific, 1,000 1,000
Educational, & Cultural Activities...........
International Development Law Organization.... 300 300
International Panel on Climate Change/UN 5,320 8,000
Framework on Climate Change..................
Montreal Protocol Multilateral Fund........... 19,000 21,000
OAS Development Assistance Programs........... 5,000 5,500
OAS Fund for Strengthening Democracy.......... 2,500 3,500
UN Children's Fund............................ 124,500 130,000
UN Democracy Fund............................. 14,000 3,000
UN Development Fund for Women................. 950 4,500
UN Development Program........................ 75,300 100,000
UN Environment Program........................ 9,524 10,500
UN Office for the Coordination of Humanitarian 2,000 3,000
Affairs......................................
UN High Commissioner for Human Rights......... 0 8,000
UN Voluntary Fund for Technical Cooperation in 1,400 1,400
the Field of Human Rights....................
UN Voluntary Fund for Victims of Torture...... 5,006 7,100
UNIFEM Trust Fund............................. 0 2,500
World Meteorological Organization............. 1,900 1,900
World Trade Organization...................... 950 950
UN Population Fund............................ 0 30,000
-------------------------
Total, International Organizations and 276,900 352,500
Programs.................................
------------------------------------------------------------------------
United Nations Children's Fund (UNICEF).--The funding for
UNICEF under this heading does not preclude USAID from
providing additional funding for specific UNICEF projects as
appropriate.
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
The bill provides $80,000,000 for the Global Environment
Facility, which is $1,101,000 below the fiscal year 2008 level
and the same as the request.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
The bill provides $1,115,000,000 for the contribution to
the International Development Association, which is
$172,695,000 above the fiscal year 2008 level and $162,000,000
below the request.
The Department of the Treasury is directed to consult with
the Committees on Appropriations on the steps necessary for the
United States to participate in the World Bank's fund for the
Advanced Market Commitments for pneumococcal vaccines.
CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS MULTILATERAL INVESTMENT
FUND
The bill provides $25,000,000 for the contribution to the
Enterprise for the Americas Multilateral Investment Fund, which
is $203,000 above the fiscal year 2008 level and the same as
the request.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
The bill provides $105,000,000 for the contribution to the
Asian Development Fund, which is $30,456,000 above the fiscal
year 2008 level and $10,250,000 below the request.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
The bill provides $150,000,000 for the contribution to the
African Development Fund, which is $15,415,000 above the fiscal
year 2008 level and $6,055,000 below the request.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL DEVELOPMENT
The bill provides $18,000,000 for the contribution to the
International Fund for Agricultural Development, which is
$74,000 above the fiscal year 2008 level and the same as the
request.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
INSPECTOR GENERAL
The bill provides $2,500,000 for Inspector General, which
is $1,508,000 above the fiscal year 2008 level and the same as
the request.
SUBSIDY APPROPRIATION
The bill provides $41,000,000 for Subsidy Appropriation,
which is $26,449,000 below the fiscal year 2008 level and the
same as the request.
ADMINISTRATIVE EXPENSES
The bill provides $81,500,000 for Administrative Expenses,
which is $4,132,000 above the fiscal year 2008 level and the
same as the request.
Renewable energy.--The Export-Import Bank is uniquely
positioned to enable United States environmental exporters to
take advantage of a surge in renewable energy projects in
Canada, Western Europe, and Asia and therefore, of the
aggregate loan, guarantee and insurance authority available to
the Export-Import Bank in this Act not less than 10 percent
should be for renewable energy technologies or energy efficient
end-use technologies. The Export-Import Bank shall submit a
report to the Committees on Appropriations not later than 90
days after enactment of this Act detailing all financing
carried out in fiscal year 2009 for these purposes.
Additionally, adequate staff should be assigned to the Office
of Renewable Energy and Environmental Exports.
In fiscal year 2008, the Export-Import Bank was required to
provide a strategy for increasing exports in renewable energy
and environmentally beneficial products. The quality and scope
of the strategy to increase exports in this area that was
submitted to the Committees on Appropriations was inadequate.
Therefore, GAO is directed to conduct an assessment of the
Export-Import Bank's efforts to realize Congressional
directives regarding the export of renewable energy and
environmentally beneficial products and services, and provide
this report to the Committees on Appropriations not later than
180 days after enactment of this Act. The assessment should
include recommendations to improve the program.
Credit Export Facility for the Palestinian Authority.--The
Export-Import Bank is directed to explore the potential for
establishing a credit export facility for the Palestinian
Authority by consulting with the Palestinian Authority, the
Government of Israel, and others. Such a facility would
ultimately be subject to a peace agreement and would have the
goal of providing a funding facility for the private sector in
the Palestinian Territory to purchase goods and services from
the United States. The Export-Import Bank should report to the
Committees on Appropriations on this proposal not later than
180 days after enactment of this Act.
Overseas Private Investment Corporation
NONCREDIT ACCOUNT
The bill provides $50,600,000 for administrative expenses,
which is $3,485,000 above the fiscal year 2008 level and the
same as the request.
PROGRAM ACCOUNT
The bill provides $29,000,000 for Program Account, which is
$5,690,000 above the fiscal year 2008 level and the same as the
request. The Overseas Private Investment Corporation (OPIC) is
directed to provide written reports on a semi-annual basis, as
in prior years.
Renewable energy.--OPIC should play a role in helping to
increase investment in renewable energy technologies and energy
efficient end-use technologies. Not later than 90 days
following the end of fiscal year 2009, OPIC shall submit a
report to the Committees on Appropriations detailing all
financing, guarantees, and insurance carried out in fiscal year
2009 for these purposes.
Funds Appropriated to the President
TRADE AND DEVELOPMENT AGENCY
The bill provides $50,800,000 for the Trade and Development
Agency (TDA), which is $808,000 above the fiscal year 2008
level and the same as the request.
Liberia.--TDA should consult with the Committees on
Appropriations on the next phase of work related to the Mount
Coffee Hydro Power Station and the construction of a proposed
fiber optic ring around Monrovia.
TITLE VII
GENERAL PROVISIONS
The following general provisions carry language identical
to the fiscal year 2008 Act except for a different section
number or minor technical differences:
Sec. 7001. ``Allowances and Differentials.''
Sec. 7002. ``Unobligated Balances Report.''
Sec. 7003. ``Consulting Services.''
Sec. 7004. ``Embassy Construction.''
Sec. 7005. ``Personnel Actions.''
Sec. 7007. ``Prohibition Against Direct Funding for
Certain Countries.''
Sec. 7008. ``Military Coups.''
Sec. 7009. ``Transfer Authority.''
Sec. 7010. ``Reporting Requirement.''
Sec. 7011. ``Availability of Funds.''
Sec. 7012. ``Limitation on Assistance to Countries in
Default.''
Sec. 7013. ``Prohibition on Taxation of United States
Assistance.''
Sec. 7014. ``Reservations of Funds.''
Sec. 7016. ``Notification on Excess Defense Equipment.''
Sec. 7017. ``Limitation on Availability of Funds for
International Organizations and Programs.''
Sec. 7018. ``Prohibition on Funding for Abortions and
Involuntary Sterilization.''
Sec. 7020. ``Prohibition of Payment of Certain Expenses.''
Sec. 7021. ``Prohibition on Assistance to Foreign
Governments that Export Lethal Military Equipment to Countries
Supporting International Terrorism.''
Sec. 7022. ``Prohibition on Bilateral Assistance to
Terrorist Countries.''
Sec. 7024. ``Definition of Program, Project, and
Activity.''
Sec. 7025. ``Authorities for the Peace Corps, Inter-
American Foundation and African Development Foundation.''
Sec. 7027. ``Separate Accounts.''
Sec. 7028. ``Eligibility for Assistance.''
Sec. 7029. ``Impact on Jobs in the United States.''
Sec. 7031. ``Debt for Development.''
Sec. 7032. ``Authority to Engage in Debt Buybacks or
Sales.''
Sec. 7033. ``Special Debt Relief for the Poorest.''
Sec. 7035. ``Arab League Boycott of Israel.''
Sec. 7036. ``Palestinian Statehood.''
Sec. 7037. ``Restrictions Concerning the Palestinian
Authority.''
Sec. 7038. ``Prohibition on Assistance to the Palestinian
Broadcasting Corporation.''
Sec. 7047. ``Community-Based Police Assistance.''
Sec. 7048. ``Prohibition of Payments to United Nations
Members.''
Sec. 7049. ``War Crimes Tribunals Drawdown.''
Sec. 7050. ``Peacekeeping Missions.''
Sec. 7052. ``United Nations Human Rights Council.''
Sec. 7053. ``Attendance at International Conferences.''
Sec. 7054. ``Restrictions on United Nations Delegations.''
Sec. 7055. ``Parking Fines and Real Property Taxes Owed by
Foreign Governments.''
Sec. 7056. ``Landmines and Cluster Munitions.''
Sec. 7058. ``Limitation on Residence Expenses.''
Sec. 7065. ``Reconciliation Programs.''
Sec. 7066. ``Comprehensive Expenditures Report.''
Sec. 7067. ``Requests for Documents.''
Sec. 7068. ``Senior Policy Operating Group.''
Sec. 7069. ``Prohibition on Use of Torture.''
Sec. 7074. ``Repression in the Russian Federation.''
Sec. 7075. ``Central Asia.''
Sec. 7076. ``Uzbekistan.''
Sec. 7080. ``Prohibition on Publicity or Propaganda.''
Sec. 7082. ``Extradition.''
Sec. 7084. ``Prohibition on Promotion of Tobacco.''
Sec. 7085. ``Commercial Leasing of Defense Articles.''
Sec. 7086. ``Anti-Kleptocracy.''
Sec. 7090. ``Orphans, Displaced and Abandoned Children.''
Sec. 7091. ``Sri Lanka.''
The following provisions are new or modified from the
fiscal year 2008 Act.
Sec. 7006. Consular Affairs Reform
A new provision that requires a certification that
recommendations contained in the Inspector General's audit of
the Department of State's Passport Information Electronic
Records System are implemented.
Sec. 7015. Reprogramming Notification Requirements
The provision is modified to include a new notification
requirement related to funds transferred or made available to
the Department of State by the Department of Defense and
incorporates the countries previously contained in the general
provision regarding funding allocation requirements.
Sec. 7019. Allocations
The provision is modified by striking charts for ``American
Sections, International Commissions'', ``Democracy Fund'',
``Assistance for East Europe and the Baltic States'',
``International Narcotics Control and Law Enforcement'',
``Peacekeeping Operations'', and ``Assistance for the
Independent States of the Former Soviet Union'' and adds charts
for ``International Fisheries Commissions'', ``Development
Assistance'', and ``Assistance for Europe, Eurasia and Central
Asia''.
Sec. 7023. Authorization Requirements
The provision is modified by merging sections 110 and 653
of the fiscal year 2008 Act, and by striking the heading
``Overseas Private Investment Corporation''.
Sec. 7026. Commerce, Trade and Surplus Commodities
The provision is modified by combining sections 613 and 614
of the fiscal year 2008 Act.
Sec. 7030. International Financial Institutions
The provision is modified by combining sections 601 and 659
of the fiscal year 2008 Act and directing the United States
Executive Director to the International Monetary Fund (IMF) to
oppose programs that do not exempt increased government
spending on health care or education from limits imposed by the
IMF in certain countries.
Sec. 7034. Special Authorities
The provision modifies the fiscal year 2008 Act by moving
subsections (b), (c) and (h) to sections 7084, 7059 and 7071 of
this Act, respectively; deleting subsections (j), (r), (s) and
(t); including new subsections (m) and (o); and modifying
subsection (d), (g) and (p).
The provision includes a revised subsection (f) that
authorizes assistance to address inhumane conditions in prisons
and other detention facilities administered by foreign
governments that the Secretary of State determines are making
efforts to provide adequate space, sanitary disposal of human
waste, sufficient food, clean water, medical care and other
requirements for safe and humane detention. In addition to any
assistance made available, the Secretary of State should
encourage governments to vigorously monitor the conditions of
prisons and other detention facilities under their authority,
cooperate with international experts, and consider appointing
ombudsmen for prisoners, reducing sentences for nonviolent
offenders to alleviate overcrowding, moving juveniles out of
inhumane facilities, and improving pretrial detention, bail and
recordkeeping procedures to reduce pretrial detention periods
and ensure that prisoners do not serve beyond the maximum
sentence for the charged offense. The Secretary of State is
directed to designate a Deputy Assistant Secretary of State in
the Bureau of Democracy, Human Rights and Labor to have primary
responsibility for diplomatic efforts related to international
prison conditions.
Sec. 7039. Assistance for the West Bank and Gaza
The provision is modified by requiring that funds are
subject to the regular notification procedures.
Sec. 7040. Limitation on Assistance for the Palestinian Authority
The provision includes section 650 and selected provisions
from section 644 from the fiscal year 2008 Act, and
certification requirements for the use of a Presidential waiver
regarding compliance with section 620K(b)(1)(A) and (B) of the
Foreign Assistance Act of 1961.
Sec. 7041. Broadcasting Transparency
The provision modifies section 114 of the fiscal year 2008
Act and is related to transparency of broadcasts in the Middle
East.
Sec. 7042. Iraq
The provision continues the prohibitions on funding
contained in the fiscal year 2008 Act; exempts funds provided
under the ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' heading; modifies the matching contribution
requirements contained in section 1402 of Public Law 110-252;
and requires a transition plan for post-conflict reconstruction
and stabilization assistance not later than 180 days after
enactment of this Act.
Sec. 7043. Report on Iran Sanctions
A new provision which requires the Department of State to
provide a report on the status of United States Government
efforts to enforce and expand bilateral and multilateral
sanctions against Iran.
Sec. 7044. Lebanon
A new provision which requires a spending plan and strategy
prior to obligation of funds under the ``Foreign Military
Financing Program'' heading, which are available only to
professionalize the Lebanese Armed Forces, strengthen border
security, interdict arms shipments and combat terrorism; and
requires a report 180 days after enactment of this Act on the
progress in implementing the strategy.
Sec. 7045. Western Hemisphere
The provision is modified from the fiscal year 2008 Act by
deleting allocation requirements under ``Global Health and
Child Survival'' and ``Development Assistance''; continuing
funding allocations and legislative requirements for Haiti,
Dominican Republic, Guatemala and Free Trade Agreements;
incorporating Mexico and Central America funding allocations
and similar legislative requirements as contained in Public Law
110-252; and providing that aircraft operations and maintenance
costs should be borne by the recipient country to the maximum
extent practicable.
Sec. 7046. Colombia
The provision provides that not more than $545,050,000 of
the funds appropriated by titles III and IV shall be made
available for assistance for Colombia. The provision is similar
to section 649 of the fiscal year 2008 Act except that the
provision provides that any changes shall be subject to the
regular notification procedures; withholds 30 percent of the
assistance for the Colombian military due to human rights
concerns; and applies the conditions not only to individuals
who have aided or abetted paramilitaries or successor armed
groups, but also to those who have benefitted financially,
politically, or otherwise, from such links. Similar language is
included regarding the denial of visas. The bill moves the
language conditioning aerial spraying from the ``Andean
Counterdrug Programs'' heading to this provision.
COLOMBIA
------------------------------------------------------------------------
Fiscal year
Programs/Accounts [Budget authority, dollars 2009 Budget
in thousands] request authority
------------------------------------------------------------------------
Foreign Military Financing (FMF).............. 66,390 53,000
International Military Education and Training 1,400 1,400
(IMET).......................................
Nonproliferation, Anti-terrorism, Demining and 3,150 3,150
Related Programs (NADR)......................
Economic Support Fund (ESF):
Support for Democracy..................... 19,806 20,000
Alternative Development................... 66,591 117,231
Support for Vulnerable Groups/IDP......... 35,000 45,000
OAS Mission............................... 0 1,000
Demobilization and Reintegration.......... 16,769 16,769
Support for Trade and Economic Reforms.... 4,200 0
-------------------------
Total--Economic Support Fund............ 142,366 200,000
International Narcotics Control and Law
Enforcement (INCLE) Support for Various Rule
of Law Programs:
Human Rights.............................. 0 8,000
Judicial Reforms Programs................. 9,500 8,000
Procuraduria General de la Nacion......... 0 3,500
Defensoria del Pueblo..................... 0 1,000
Office of the Attorney General:
Human Rights Unit..................... 0 5,000
Justice and Peace Unit................ 0 5,000
Witness/Victims Protection Program.... 0 5,000
Investigations and Mass graves........ 0 1,500
UN High Commissioner for Human Rights..... 0 750
Carabineros............................... 19,247 5,000
Individual Deserter Program............... 500 500
Demand Reduction.......................... 211 500
Culture of Lawfulness..................... 250 250
Money Laundering.......................... 879 1,000
Unallocated............................... 0 0
-------------------------
Subtotal--Support for Various Programs.. * 30,587 45,000
Andean Counterdrug Program (ACP) Support to
the Colombian Military
Army Counterdrug Mobile Brigade........... 2,000 2,000
Army Aviation Support..................... 93,892 45,000
Air Bridge Denial Program................. 10,000 8,000
Navy Maritime Interdiction Support........ 1,000 10,000
-------------------------
Subtotal--Support to the Colombia 106,892 65,000
Military...............................
Support to Colombian National Police:
Aviation Support.......................... 60,446 50,000
Support For Eradication................... 64,232 55,000
Support For Interdiction.............. 15,000 25,000
Administrative Support.................... 0 0
-------------------------
Subtotal--Support to the Colombian 139,678 130,000
National Police........................
Program, Development and Support.......... 7,400 4,500
Critical Flight Safety Program............ 45,000 43,000
-------------------------
Total--ACP.............................. 329,557 242,500
-------------------------
Total--Colombia......................... 542,863 545,050
------------------------------------------------------------------------
Sec. 7051. Peacekeeping Assessment
The provision is modified by changing calendar year 2008 to
calendar years 2005, 2006, 2007, and 2008.
Sec. 7057. Millennium Challenge Corporation
The provision is modified by dropping subsection (a) of
section 699I of the fiscal year 2008 Act and modifying the
reporting requirements.
Sec. 7059. United States Agency for International Development
Management
The provision is modified by combining section 676, section
634(c), and the first two provisos of section 622 of the fiscal
year 2008 Act; requiring the development of a recruitment
strategy not later than December 31, 2009; and addressing two
personnel issues.
Sec. 7060. Global Health Activities
The provision is modified by combining the third and fourth
provisos of section 622 with section 625(a) and (a)(1) of the
fiscal year 2008 Act; modifying the funding level for family
planning; and modifying the withholding language related to the
Global Fund.
Sec. 7061. Development Grants Program
The provision is modified by changing the funding level and
removing the reporting requirement that was included in the
fiscal year 2008 Act.
Sec. 7062. Women in Development
A new provision which requires USAID to integrate gender
issues into its programming. USAID is directed to report 180
days after enactment of this Act on the steps taken to better
integrate gender considerations into its economic development
portfolio, and describe current and future planned programming
that promote women's economic opportunities, including the
outcomes associated with these programs disaggregated by
gender.
Sec. 7063. Gender-Based Violence
The provision is modified by revising the programming
requirement. USAID and the Department of State are directed to
report to the Committees on Appropriations not later than 120
days after enactment of this Act on programs addressing sexual
and gender-based violence and how these issues are being
integrated into foreign police, judicial and military training
programs.
Sec. 7064. Education
The provision is modified by establishing a new pilot
program and removing the reporting requirement in subsection
(a) that was in the fiscal year 2008 Act and adding a new
subsection (b) related to higher education.
Sec. 7070. Africa
A new provision which incorporates sections 666 and 687,
two funding limitations related to international military
education and training that were included under the
``International Military Education and Training'' heading, and
the funding limitation in section 673 of the fiscal year 2008
Act; includes a reporting and certification requirement for
Zimbabwe; and adds a new program on the Horn of Africa and Pan
Sahel. A prior year requirement on staffing in Chad was not
carried forward.
Sec. 7071. Asia
The provision modifies section 638 of the fiscal year 2008
Act. In addition to the prior year language concerning
assistance for Burma and Tibet, the provision includes funding
directives and limitations on assistance for Indonesia, the
Philippines, Cambodia, North Korea, the People's Republic of
China, and Vietnam. The provision also contains restrictions
related to processing of licenses for the export of satellites
which was previously carried under the heading ``Diplomatic and
Consular Programs''.
Sec. 7072. Serbia
The provision modifies section 699D of the fiscal year 2008
Act to reflect current developments in the region.
Sec. 7073. Independent States of the Former Soviet Union
The provision modifies section 617 of the fiscal year 2008
Act by dropping subsections (b) and (d) and making
corresponding technical changes to reflect the new
appropriations account.
Sec. 7077. Afghanistan
The provision is modified to include an overall funding
level and provides a minimum funding requirement for programs
that address the needs of women and girls.
Sec. 7078. Enterprise Funds
The provision is modified by adding a notification
requirement.
Sec. 7079. United Nations Population Fund
The provision is modified by changing the dollar amount,
changing the notification date related to UNFPA funding in
China, modifying the subsection on availability of funds by
describing the purposes for which UNFPA funds may be spent,
making technical changes to the subsection on conditions on
availability of funds, and eliminating the transfer authority.
Sec. 7081. OPIC
The provision is amended to extend the authorization for
OPIC to September 30, 2009.
Sec. 7083. Energy and Environment
The provision is modified by including section 684(a),
(b)(1) and (c) of the fiscal year 2008 Act; by including a
modified 634(b); by revising the funding level for clean energy
programs; and providing new authorities to make contributions
to the Galapagos Invasive Species Fund and the Least Developed
Countries Fund, subject to limitations.
Sec. 7087. Training and Equipment Reports
The provision is modified by requiring a report not later
than 90 days after enactment of this Act detailing equipment
purchased with funds provided under the ``Andean Counterdrug
Programs'', ``International Narcotics Control and Law
Enforcement'', and ``Foreign Military Financing Program''
headings.
Sec. 7088. Transparency and Accountability
The provision modifies subsections (a), (b) and (c) of the
fiscal year 2008 Act.
Sec. 7089. Disability Programs
The provision is modified to continue a requirement related
to Disability Programs.
Sec. 7092. Export-Import Bank Rescission
The provision rescinds a total of $44,000,000 appropriated
in prior Acts under the heading ``Subsidy Appropriation'' for
the Export-Import Bank of the United States.
The following general provisions enacted in the fiscal year
2008 Act are not carried forward.
Sec. 105. ``Denial of Visas.''
Sec. 107. ``United States Citizens Born in Jerusalem.''
Sec. 109. ``Compliance with Section 609.''
Sec. 115. ``Department of State Inspector General.''
Sec. 116. ``Consular Operations.''
Sec. 117. ``International Boundary and Water Commission.''
Sec. 118. ``Commission Financial Management.''
Sec. 602. ``Restrictions on Contributions to the United
Nations.''
Sec. 605. ``Limitation on Representation Allowances.''
Sec. 630. ``Financial Market Assistance.''
Sec. 654. ``Libya.''
Sec. 651. ``Limitation on Assistance to Security Forces.''
Sec. 658. ``War Criminals.''
Sec. 667. ``Trade Capacity Building.''
Sec. 669. ``Excess Defense Articles for Central and South
European Countries and Certain Other Countries.''
Sec. 671. ``Limitation on Economic Support Fund Assistance
for Certain Foreign Governments that are Parties to the
International Criminal Court.''
Sec. 675. ``Disaster Assistance and Recovery.''
Sec. 682. ``Report on Indonesia.''
Sec. 689. ``Neglected Tropical Diseases.''
Sec. 690. ``Egypt.''
Sec. 691. ``Relief for Iraqi, Montagnards, Hmong and other
Refugees who do not Pose a Threat to the United States.''
Sec. 692. ``Report on Anti-Corruption Activities.''
Sec. 693. ``Democracy, Rule of Law and Governance in
Iran.''
Sec. 694. ``Denial of Visas Related to Removal of
Aliens.''
Sec. 697. ``Saudi Arabia.''
Sec. 699B. ``Advisor for Activities Relating to Indigenous
Peoples Internationally.''
Sec. 699C. ``Child Soldiers.''
Sec. 699F. ``Pakistan.''
Sec. 699H. ``Multilateral Development Banks.''
Sec. 699J. ``Carry Forward of Unused Special Immigrant
Visas.''
Sec. 699M. ``Comprehensive Nuclear Threat Reduction and
Security Plan.''
Sec. 699O. ``Unobligated Funds Rescission.''
Sec. 699P. ``Across-the-Board Rescission.''
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives and rule XLIV of the Standing Rules of the
Senate, neither this division nor the explanatory statement
accompanying this division contain any congressional earmarks
or congressionally directed spending items, limited tax
benefits or limited tariff benefits as defined in the
applicable House and Senate rules.
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