S.1434 - Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010111th Congress (2009-2010)
|Sponsor:||Sen. Leahy, Patrick J. [D-VT] (Introduced 07/09/2009)|
|Committees:||Senate - Appropriations|
|Committee Reports:||S. Rept. 111-44|
|Latest Action:||07/09/2009 Placed on Senate Legislative Calendar under General Orders. Calendar No. 103. (All Actions)|
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Summary: S.1434 — 111th Congress (2009-2010)All Bill Information (Except Text)
Reported to Senate without amendment (07/09/2009)
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 - Title I: Department of State and Related Agency - Makes FY2010 appropriations for the Department of State (Department) for: (1) administration of foreign affairs and diplomatic and consular programs; (2) the civilian stabilization initiative; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) educational and cultural exchange programs; (6) representation allowances; (7) protection of foreign missions and officials; (8) U.S. embassy security, construction, and maintenance; (9) emergencies in the diplomatic and consular service; (10) the buying power maintenance account; (11) the repatriation loans program account; (12) the American Institute in Taiwan; (13) the Foreign Service Retirement and Disability Fund; (14) international organizations, peacekeeping, and commissions; (15) the International Boundary and Water Commission, United States and Mexico; (16) plan preparation and construction of authorized projects; (17) the International Joint Commission and the International Boundary Commission, United States and Canada; (18) international fisheries commissions; (19) international broadcasting operations; (20) the Asia Foundation; (21) the United States Institute for Peace; (22) the Center for Middle Eastern-Western Dialogue Trust Fund; (23) the Eisenhower Exchange Fellowships, Incorporated; (24) the Israeli Arab Scholarship Program; (25) the East-West Center; (26) the National Endowment for Democracy; (27) the Commission for Preservation of America's Heritage Abroad; (28) the United States Commission on International Religious Freedom; (29) the Commission on Security and Cooperation in Europe; (30) the Congressional-Executive Commission on the People's Republic of China; and (31) the United States-China Economic and Security Review Commission.
Title II: United States Agency for International Development - Makes FY2010 appropriations for operating expenses of the United States Agency for International Development (USAID), and the Office of Inspector General.
Title III: Bilateral Economic Assistance - Makes FY2010 appropriations for: (1) expenses of the President in carrying out certain programs under the Foreign Assistance Act of 1961; (2) global health and child survival; (3) specified development assistance; (4) international disaster assistance; (5) transition initiatives; (6) emergency crises; (7) development credit authority; (8) the Economic Support Fund; (9) promotion of democracy; (10) assistance for Europe, Eurasia, and Central Asia; (11) international narcotics control and law enforcement; (12) nonproliferation, anti-terrorism, and demining; (13) migration and refugee assistance; (14) the United States Emergency Refugee and Migration Assistance Fund; (15) the Peace Corps; (16) the Millennium Challenge Corporation; (17) the Inter-American Foundation; (18) the African Development Foundation; and (19) the Department of the Treasury for international affairs technical assistance activities and debt restructuring.
Title IV: International Security Assistance - Makes FY2010 appropriations for: (1) international military education and training; (2) foreign military financing grants; and (3) international peacekeeping operations.
Title V: Multilateral Assistance - Makes FY2010 appropriations for: (1) international organizations and programs; (2) the Global Environment Facility; (3) the International Development Association; (4) the Clean Technology Fund; (5) the Strategic Climate Fund; (6) the Inter-American Investment Corporation; (7) the Enterprise for the Americas Multilateral Investment Fund; (8) the Asian Development Fund; (9) the African Development Fund; and (10) the International Fund for Agricultural Development.
Title VI: Export and Investment Assistance - Makes FY2010 appropriations for: (1) the Export-Import Bank, including the Office of Inspector General, direct and guaranteed loan and insurance programs, and administrative expenses; (2) Overseas Private Investment Corporation (OPIC) credit and insurance programs, including administrative expenses, and for the cost of direct and guaranteed loans; and (3) the Trade and Development Agency.
Title VII: General Provisions - Sets forth certain limits and prohibitions on the use of appropriations for specified activities.
(Sec. 7002) Requires any federal department or agency that has funds made available to it under this Act to provide the appropriate congressional committees with a quarterly accounting of the cumulative balances of any unobligated funds received during any previous fiscal year.
(Sec. 7003) Limits the use of funds under title I of this Act for consulting service through procurement contracts to those contracts which are available for public inspection.
(Sec. 7004) Sets forth restrictions on office space for federal employees with respect to U.S. diplomatic facility construction, with an exception for Marine Corps use.
Prohibits funds under this Act from being used for diplomatic property acquisition in Afghanistan.
(Sec. 7005) States that costs incurred by an agency or department 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 such agency's or department's budgetary resources.
(Sec. 7006) Prohibits the use of funds for publicity or propaganda purposes within the United States that were not authorized before the enactment of this Act.
(Sec. 7007) Prohibits the use of funds under this Act for direct assistance or reparations to Cuba, Libya, North Korea, Iran, or Syria.
(Sec. 7008) Prohibits the use of funds under this Act for assistance to any country whose elected head of government is deposed by military coup or decree. Permits resuming assistance if a democratic government is subsequently elected to office.
(Sec. 7009) Limits certain agency, Department, and Broadcasting Board of Governors transfer authority.
(Sec. 7010) Directs the Secretary of State (Secretary) to report to the appropriate congressional committees for each fiscal quarter on fund use for foreign military financing, international military education and training, and peacekeeping operations.
(Sec. 7011) Prohibits, with specified exceptions, appropriations under this Act from remaining available for obligation after the expiration of the current fiscal year unless expressly provided for.
(Sec. 7012) Prohibits funds under titles III through VI of this Act from being used for: (1) assistance to any country in default in excess of a year on payments on a U.S. loan unless the President determines such assistance is in the national interest; and (2) assistance under a new bilateral agreement unless such assistance is exempt from taxation, or reimbursed, by the foreign government.
(Sec. 7014) Authorizes specifically designated appropriations under titles II through VI of this Act to be reprogrammed for other programs within the same account subject to the appropriate congressional committees' regular notification procedures.
Extends the availability program-specific appropriations for one year if the Administrator of USAID reports to the appropriate congressional committees that program termination or changed circumstances makes it unlikely that such appropriations can be obligated during the original period of availability.
States that ceilings and specifically designated funding levels under 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.
(Sec. 7015) Prohibits funds under title I and under titles II through V of this Act from being made available for specified reprogramming purposes unless the appropriate congressional committees are notified 15 days in advance of such programming.
Prohibits the use of funds under titles III through VI of this Act for Serbia, Sudan, Zimbabwe, Pakistan, Sri Lanka, Somalia, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico, Nepal, or Cambodia except through the regular notification procedures of the appropriate congressional committees.
(Sec. 7016) Requires the Department of Defense (DOD) to notify the appropriate congressional committees prior to providing certain excess defense articles under the Foreign Assistance Act of 1961 or prior to issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.
(Sec. 7017) States that certain funds appropriated for the Department, foreign operations, export financing, and related programs that are returned or not made available for international organizations and programs shall remain available for obligation until September 30, 2011.
(Sec. 7018) Prohibits the use of development assistance funds for abortions or involuntary sterilizations as methods of family planning, to motivate or coerce any person to practice abortions, or to provide any financial incentive to undergo sterilization.
(Sec. 7019) Allocates funds for specified accounts.
(Sec. 7020) Prohibits the obligation of certain funds to pay for: (1) alcoholic beverages; or (2) entertainment expenses for recreational activities.
(Sec. 7021) Prohibits the provision of funds under titles III through VI of this Act to any foreign government that provides lethal military equipment (under a post-October 1, 1997 contract) to a country that supports international terrorism unless the President determines and reports to the appropriate congressional committees that such assistance is in the U.S. national interest.
(Sec. 7022) Prohibits bilateral assistance from being made to a government that: (1) grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or (2) otherwise supports international terrorism. Authorizes the President to waive such prohibition for humanitarian or national security purposes.
(Sec. 7023) Extends, with an exception, certain authorities necessary to expend Department and foreign assistance funds.
(Sec. 7024) Defines "program, project, and activity" for purposes of titles II through VI of this Act.
(Sec. 7025) States that, unless expressly provided to the contrary, provisions authorizing or making appropriations for the Department, 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.
(Sec. 7026) Prohibits funds under titles III through VI of this Act and funds available to the Export-Import Bank and OPIC from being used for production of any export commodity by a foreign country if the commodity is likely to be in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity (with exceptions for benefits to U.S. producers).
Directs the Secretary of the Treasury to instruct the U.S. executive directors of specified international financial entities to use U.S. influence to oppose assistance for the production or extraction of any export commodity or mineral that is in surplus on world markets and will cause substantial injury to U.S. producers of a similar or competing commodity.
(Sec. 7027) Directs the Administrator of USAID to require foreign countries that receive foreign assistance which results in the generation of local currencies to deposit such currencies in a separate account to be used to finance foreign assistance activities.
(Sec. 7028) States that: (1) restrictions on assistance for a country shall not be construed to restrict specified assistance for nongovernmental organizations; (2) the President shall notify the appropriate congressional committees under their regular notification procedures prior to providing such assistance; and (3) nothing in this section shall be construed to alter existing prohibitions against abortion or involuntary sterilizations contained in this or any other Act.
States that: (1) during FY2010 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: and (2) this section shall not apply to assistance restrictions regarding support of international terrorism and human rights violations.
(Sec. 7029) Prohibits funds under titles III through VI of this Act from being provided for: (1) any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees; or (2) assistance for any program that contributes to the violation of internationally recognized workers rights in the recipient country.
(Sec. 7030) Prohibits payments to any international financial institution (as defined by this Act) while the U.S. executive director to the institution is compensated at a rate in excess of that for Level IV of the Executive Schedule, or any alternate U.S. director is compensated at a rate in excess of that for Level V of such Schedule.
(Sec. 7031) Authorizes nongovernmental organizations which are USAID grantees or contractors to place funds made available to them under this Act in interest bearing accounts in order to enhance their participation in debt-for-development and debt-for-nature exchanges.
(Sec. 7032) Authorizes the President to engage in certain debt buybacks or sales. Authorizes sale, reduction, or cancellation of certain loans to foreign governments upon payment from an eligible purchaser that plans to use such loans only for: (1) debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or (2) debt buyback by an eligible country if such country uses specified amounts of local currency to support activities that link conservation with local community development and child development activities.
Limits such authority to funds appropriated by this Act under the heading of debt restructuring.
(Sec. 7033) Authorizes the President to reduce amounts owed to the United States by eligible countries as a result of: (1) housing guarantees made pursuant to the Foreign Assistance Act of 1961; (2) credits extended or guarantees issued under the Arms Export Control Act; and (3) certain export guarantees for U.S. agricultural commodities.
Permits exercise of such authority only: (1) to implement multilateral official debt relief and referendum agreements known as the Paris Club Agreed Minutes; and (2) with respect to countries with heavy debt that are eligible to borrow from the International Development Association (but not from the International Bank for Reconstruction and Development).
Prohibits debt reduction for a country whose government: (1) has an excessive level of military expenditures; (2) has repeatedly provided support for acts of international terrorism; (3) is failing to cooperate on international narcotics control matters; (4) engages in a pattern of human rights violations; and (5) is not providing U.S. citizens with effective compensation for confiscated property.
(Sec. 7034) Allows funds appropriated under titles III through VI of this Act for Afghanistan to be made available notwithstanding specified restrictions on: (1) assistance to countries in payment default to the United States; and (2) law enforcement assistance.
Allows funds appropriated under titles III and VI of this Act to be made available to: (1) Iraq, Lebanon, Montenegro, and Pakistan; (2) war victims; (3) displaced children; (4) displaced Burmese; and (5) victims of trafficking in persons and to combat such trafficking.
Authorizes USAID to make an exception to the fair opportunity process under an indefinite-quantity contract for a small or disadvantaged business.
Authorizes the President to waive specified prohibitions under the Anti-Terrorism Act of 1987 regarding the Palestine Liberation Organization (PLO) for national security purposes. States that such waiver shall be effective for not more than six months at a time and shall not apply beyond 12 months after enactment of this Act.
Repeals the provision considering certain Vietnamese nationals to be refugees of special humanitarian concern for purposes of eligibility for in-country refugee processing in Vietnam through FY2010.
Expands authorities under the Foreign Assistance Act of 1961 for civilian police assistance for a regional, district, municipal, or other sub-national entity emerging from instability.
Amends the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 to extend: (1) refugee admission allocations through FY2010 for nationals of an Independent State of the former Soviet Union, Estonia, Latvia, or Lithuania who are current members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church; (2) the refugee admission application period to include applications filed before October 1, 2010; and (3) the qualifying parole residence period through September 30, 2010, for certain nationals of an Independent State of the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia to apply for permanent resident status adjustment.
Makes specified funds available for the world food program.
States that specified funds should be made available for programs to disarm and reintegrate into civilian society former members of foreign terrorist organizations.
Subjects funds for a Middle East Foundation to the regular notification procedures of the appropriate congressional committees.
Authorizes the President to use specified emergency assistance funds under the Foreign Assistance Act of 1961 for FY2010.
Makes funds under this Act for the promotion of democracy available notwithstanding any other provision of law.
Defines "promotion of democracy."
Subjects contracts, grants, or cooperative agreements in excess of specified amounts to the regular notification procedures of the appropriate congressional committees.
Prohibits actions to finalize or implement a Partner Vetting System (PVS) until a new Administrator of USAID has been confirmed and has undertaken a PVS review.
Directs the Secretary to submit spending plans to the appropriate congressional committees prior to the initial obligation of funds for assistance for Afghanistan, Pakistan, and Iraq.
Requires the Secretary or Administrator of USAID to consult with the appropriate congressional committees prior to compiling or publishing any congressional budget justification documents for FY2011.
(Sec. 7035) Obligates specified funds for: (1) Bahrain; (2) Egypt; (3) Iraq; (4) Israel; (5) Jordan; (6) Lebanon; and (7) the West Bank and Gaza.
Allocates specified funds available for Near East Regional Democracy to expand unmonitored Internet access for users living in closed societies that have hostile Internet environments.
(Sec. 7045 [sic.]) Allocates specified funds for trade capacity building, of which a certain amount shall be made available for labor and environmental capacity building relating to free trade agreements with countries in Latin America and the Caribbean.
Makes the government of Haiti eligible to purchase U.S. defense articles and services for its Coast Guard.
Allocates specified funds under titles III and IV of this Act for Haiti.
Prohibits the use of certain funds under this Act for the transfer of U.S. weapons, ammunition or other lethal property to the Haitian National Police until the Secretary reports to the appropriate congressional committees that any members of the Haitian National Police who have been credibly alleged to have committed serious crimes, including drug trafficking and human rights violations, have been suspended.
Allocates specified funds for: (1) a U.S. contribution to the International Commission Against Impunity in Guatemala; and (2) the Police Criminal Investigation Division's Human Rights Unit and the Ministry of Interior's Institute For Attacks Against Human Rights Defenders.
Conditions specified military assistance to the Guatemalan Air Force, Navy, and Army Corps of Engineers upon the Secretary certifying that the Air Force and Navy are respecting human rights and are cooperating with civilian judicial investigations of military personnel who have committed human rights violations.
Allocates specified funds for Mexico: (1) to combat drug trafficking and organized crime; (2) for judicial reform, institution building, anti-corruption, and rule of law activities; and (3) for procurement of law enforcement communications equipment that is compatible with equipment used by federal U.S. law enforcement agencies in order to enhance border security cooperation.
Allocates specified funds for Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, and Panama: (1) to combat drug trafficking and organized crime; and (2) for judicial reform, institution building, anti-corruption, maritime security, and rule of law activities.
Allocates specified funds for a Department pilot project to study the use of passport cards as proof of identify and citizenship for purposes of international travel by U.S. nationals at selected (air) ports of entry between the United States and Canada.
(Sec. 7046) Allocates specified funds for assistance to Columbia.
Authorizes the use of funds under this Act for Columbia for a campaign against narcotics trafficking and foreign terrorist organizations and for actions to protect human health and welfare in emergency circumstances.
Prohibits the combat participation of U.S. military personnel or civilian contractors in connection with assistance made available by this Act for Colombia.
Authorizes, and limits, aircraft and helicopter use for Columbia.
Limits certain funding under this Act for aerial coca and poppy eradication in Columbia until the Secretary certifies to the appropriate congressional committees regarding aerial herbicide safety.
Prohibits funds under this Act from being used for aerial eradication in Colombia's national parks or reserves unless the Secretary certifies to the appropriate congressional committees that there are no effective alternatives and the eradication is conducted in accordance with Colombian laws.
Amends the Department of State, Foreign Operations, and Related Programs Appropriations Act of 2009 regarding funding for the Colombian armed forces, including: (1) increasing and extending funding through FY2010 for reintegration of former combatants; and (2) extending human rights consultative requirements through FY2010.
(Sec. 7047) Authorizes the use of specified funds under titles III and IV of this Act to enhance the effectiveness and accountability of civilian police authority through human rights training, and through the promotion of civilian police roles that support democratic governance, including programs on conflict prevention, police-community relations, disaster assistance, and gender-based violence.
(Sec. 7048) Prohibits funds under titles III through VI this Act from being used to pay any assessments, arrearages, or dues of any U.N. member (including costs for attendance of another country's delegation at international conferences held under the auspices of multilateral or international organizations).
(Sec. 7049) Permits the President to provide up to a specified amount of commodities and services to the United Nations War Crimes Tribunal if doing so will contribute to a just resolution of charges regarding genocide or other violations of international law in the former Yugoslavia.
(Sec. 7050) Prohibits funds under title I of this Act from being used for U.N. peacekeeping missions that will involve U.S. Armed Forces personnel under foreign command unless in the U.S. national interest.
(Sec. 7051) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to provide for U.S. payments for U.N. peacekeeping operations in 2010-2011 at 27.1%.
(Sec. 7052) Makes the management and oversight of Department aircraft the responsibility of the Under Secretary of State for Management, in consultation with the Assistant Secretary for International Narcotics and Law Enforcement Affairs. Authorizes intra-Department aircraft transfers.
Requires: (1) coordination with the appropriate Chief of Mission; and (2) a report to the appropriate congressional committees.
(Sec. 7053) Prohibits funds under this Act from being used to send or otherwise pay for the attendance of more than 50 employees from a federal department or agency at any single conference outside the United States unless in the national interest.
(Sec. 7054) Prohibits funds under title I of this Act from being used to pay expenses for any U.S. delegation to any specialized U.N. agency, body, or commission that is presided over by a country that supports international terrorism.
(Sec. 7055) Withholds assistance to a foreign country in an amount equal to 110% of the total unpaid property tax and unpaid parking fines and penalties incurred from April 1, 1997-September 30, 2009, and owed by the country to the District of Columbia or New York City.
(Sec. 7056) Authorizes disposal on a grant basis in foreign countries of demining equipment used in support of the clearance of land mines and unexploded ordnance for humanitarian purposes.
Restricts military assistance for cluster munitions.
(Sec. 7057) Directs the Chief Executive Officer of the Millennium Challenge Corporation to report on the proposed uses of all Millennium Challenge Corporation appropriations in this Act or prior Acts making appropriations for the Department, foreign operations, and related programs projected to be obligated and expended in FY2010 and subsequent fiscal years.
Prohibits any such funds from being used for military assistance or training.
(Sec. 7058) Limits the amount of funds under title II of this Act that may be used for official USAID residence expenses.
(Sec. 7059) Allocates specified funds under title III of this Act for USAID to hire up to 75 persons per fiscal year on a limited appointment basis in the United States and abroad. Conditions such hirings upon an equivalent elimination of USAID nondirect-hire employees. Terminates such authority on September 30, 2011.
Authorizes up to four-year extensions for limited-appointment Foreign Service personnel.
Authorizes USAID to use specified amounts for overseas support costs of Foreign Service members of rank four or below to reduce USAID reliance on nondirect-hire employees.
Authorizes specified funds under title III of this Act for the costs of persons detailed to or employed by USAID to carry out: (1) natural disaster response programs; and (2) global health and child survival activities.
Authorizes specified funds under this Act to be used by USAID to employ up to 25 personal services contractors in the United States for new or expanded overseas programs until permanent personnel are hired. Limits to 15% the number of such contractors that may be assigned to USAID's Afghanistan programs.
Allocates specified funds under title II of this Act for special compensation for overseas locally employed staff.
(Sec. 7060) States that funds appropriated by titles III and IV of this Act for child survival activities or disease programs, including HIV/AIDS research, prevention and treatment activities, may be made available notwithstanding any other provision of law except for specified provisions.
(Sec. 7061) Allocates specified funds for the development grants program for small nongovernmental organizations.
(Sec. 7062) States that funds under title III of this Act should: (1) include gender considerations in program implementation; and (2) be made available for programs to enhance economic opportunities for poor women in developing countries.
(Sec. 7063) Makes specified funds available for programs to address sexual and gender-based violence.
Requires that programs funded under titles III and IV of this Act for training of foreign police, judicial, and military officials address gender-based violence.
(Sec. 7064) Allocates specified funds for: (1) basic education in developing countries; and (2) higher education, with a set-aside for higher education in Africa.
(Sec. 7065) Allocates specified funds for religious, ethnic, and political reconciliation programs, with a set-aside for Middle East programs.
(Sec. 7066) Directs the Secretary to report to the appropriate congressional committees regarding the total amount of U.S. government expenditures in FY2008-FY2009, by federal agency, for assistance programs and activities in each foreign country, identifying the line item and the purpose of the expenditure.
(Sec. 7067) Prohibits funds under titles III through VI of this Act from being provided to a nongovernmental organization which fails to provide documents, files, or records necessary for USAID auditing requirements.
(Sec. 7068) States that: (1) the Senior Policy Operating Group on Trafficking in Persons shall coordinate all policies related to the activities of traffickers and victims of severe forms of trafficking; and (2) no funds shall be expended to perform functions that duplicate Group responsibilities.
(Sec. 7069) Allocates specified funds under this Act for salary and compensation for overseas, locally employed Department staff.
(Sec. 7070) Allocates specified funds under this Act for: (1) the East Africa Regional Strategic Initiative; (2) Africa conflict stabilization and border security; (3) the Trans-Sahara Counterterrorism Partnership; and (4) a Horn of Africa and Pan Sahel program.
Conditions certain military assistance for Ethiopia upon the government and the military taking certain actions to enhance human and political rights.
Prohibits certain military assistance to Rwanda if the government of Rwanda is providing political, military, or financial support to armed groups in the Democratic Republic of the Congo that have committed human rights violations, except that funds may be made available to improve border controls to prevent such groups' importation of minerals into Rwanda.
Makes assistance under this Act for Liberia, Sierra Leone, Nigeria, and Cote d'Ivoire available to support transparency regarding the extraction of timber, oil, gas, cocoa, and other natural resources. Prohibits such funds from being used to support industrial-scale logging.
Prohibits funds appropriated under this Act from being used for the government of Sudan (which shall not include the government of Southern Sudan) or for the cost of modifying loans and loan guarantees held by the government of Sudan unless the Secretary certifies to the appropriate congressional committees that the government of Sudan: (1) is ending attacks upon civilians and disarming and demobilizing the Janjaweed and other government-supported militias, and honoring cease-fire agreements; and (2) is allowing unimpeded humanitarian access to Darfur.
States that such prohibition shall not apply to: (1) humanitarian assistance; (2) assistance for Darfur, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and (3) assistance to implement the Comprehensive Peace Agreement.
Authorizes assistance under this Act to be provided to the government of Southern Sudan for non-lethal military assistance, military education and training, and defense services if in the U.S. national interest. Limits the amount of such such assistance until the Secretary reports to the appropriate congressional committees that the government's financial accounts have been audited.
Obligates specified funds under this Act to support implementation of the Kimberley process certification scheme, including: (1) promotion of regional efforts to combat cross-border smuggling; and (2) to support monitoring by civil society organizations.
Reaffirms support for the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). Authorizes the use of certain funds under this Act for assistance to the central government of a country in which individuals indicted by ICTR and SCSL are alleged to be living if the Secretary reports to the appropriate committees that such government is cooperating with ICTR and SCSL.
Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions to vote against any loan extensions to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State reports to the appropriate congressional committees that Zimbabwe has restored the rule of law.
Prohibits funds under this Act from being made to the government of Zimbabwe, except for macroeconomic growth assistance, unless the Secretary makes a specified determination.
(Sec. 7071) Directs the Secretary of the Treasury to instruct U.S. executive directors to international financial institutions 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.
Obligates funds for 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.
Directs the Secretary of the Treasury to use U.S. influence in international financial institutions to oppose the extension of any loan or financial or technical assistance for Burma.
Obligates specified funds under this Act for: (1) programs in Burma and along the Burma-Thailand border; (2) Burmese student groups and other organizations outside Burma; (3) humanitarian assistance to displaced Burmese along Burma's borders; (4) community-based organizations in Thailand to provide humanitarian assistance to internally displaced persons in eastern Burma; and (5) agriculture, health, education, and income-generating activities.
Prohibits funds under this Act from being used to undermine the authority of the National League for Democracy in Burma.
Gives priority for specified funds under this Act to Cambodia for: (1) democracy programs and programs for agriculture and forests, public health, and unexploded ordnance removal; and (2) assistance for indigenous nongovernmental organizations involved in the promotion of human rights, democracy and the rule of law.
Makes funds under this Act for a U.S. contribution to a Khmer Rouge tribunal available only if the Secretary certifies to the appropriate committees that the United Nations and the government of Cambodia are addressing allegations of tribunal mismanagement.
Allocates specified military funds under this Act for Indonesia. Withholds certain of such funds until the Secretary submits a specified report to the appropriate congressional committees.
Allocates certain funds under this Act for grants to Indonesian human rights organizations, including in Papua.
Allocates specified military funds under this Act for Mongolia.
Makes specified militay funds under this Act available for Nepal if the Secretary certifies to the appropriate congressional committees that the Nepali armed forces (NAF) are: (1) cooperating with civilian investigations of violations human rights; and (2) implementing reforms.
Exempts from such conditions assistance for NAF deployments in international peacekeeping and humanitarian relief and reconstruction operations.
Makes specified funds under this Act available for: (1) refugees from North Korea; (2) broadcasts into North Korea; and (3) democracy, human rights, and governance programs for North Korea.
Prohibits certain funds under this Act from being made available for energy-related assistance to North Korea unless the Secretary reports to the appropriate congressional committees that North Korea is fulfilling its commitments under the Six Party Talks agreements.
Reduces energy-related assistance to North Korea by an amount equivalent to the amount the Secretary determines North Korea owes the U.S. government for certain food assistance.
Prohibits: (1) specified funds under this Act from being obligated or expended for export licenses of U.S. origin satellites (including commercial satellites and satellite components) to the Peoples Republic of China (PRC) without prior notice to the appropriate committees; and (2) funds under this Act from being used to finance any grant, contract, or cooperative agreement with the People's Liberation Army (PLA) or any affiliated entity.
Obligates funds for U.S. educational institutions and nongovernmental organizations for programs in the PRC relating to the environment, governance, the rule of law, and disaster preparedness, including regional exchange programs.
Obligates: (1) specified funds under this Act for the Philippines; and (2) specified military funds under this Act for the Philippines of which a certain amount may not be obligated until the Secretary submits a certain report to the appropriate congressional committees.
Obligates specified funds under this Act for: (1) development and conflict resolution programs in southern Thailand; (2) democracy programs and higher education scholarship programs in Timor Leste; and (3) programs in Vietnam, including locating and identifying Vietnamese persons missing since 1975, and remediation of dioxin contaminated sites and related health activities.
(Sec. 7072) Makes funds appropriated under this Act available for assistance for Serbia after May 31, 2010, if the President certifies to the appropriate congressional committees that the government of Serbia is: (1) cooperating with the International Criminal Tribunal for Yugoslavia, including access for investigators, provision of documents, and the surrender and transfer of indictees or assistance in their apprehension, including Ratko Mladic; (2) taking steps to end Serbian financial, political, security and other support 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.
States that such requirements shall not apply to humanitarian assistance or assistance to promote democracy.
(Sec. 7073) Prohibits, with a national security waiver, specified funds under this Act from being made to a government of an Independent State of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union.
Subjects such assistance for the Russian Federation, Armenia, Kazakhstan, and Uzbekistan to the regular notification procedures of the appropriate congressional committees.
Withholds specified funds for the Russian Federation until the President certifies to the appropriate congressional committees that the Russian Federation has taken specified actions respecting Iran and Chechnya.
Sets forth exceptions to such restriction, including assistance for public health, nonproliferation, democracy, and humanitarian activities.
(Sec. 7074) ) Prohibits, with a national security waiver, specified funds under this Act from being made available to the government of the Russian Federation unless the Secretary certifies to the appropriate congressional committees that the government of the Russian Federation: (1) has not implemented any statute or similar government action that would discriminate against religious groups or religious communities in the Russian Federation; (2) is honoring obligations respecting freedom of expression; (3) is prosecuting law enforcement personnel who have committed human rights abuses; and (4) is releasing detained political leaders, activists, and journalists.
(Sec. 7075) Makes funds under this Act available for the government of Kazakhstan only if the Secretary reports to the appropriate congressional committees that Kazakhstan has made significant human rights improvements. Authorizes the Secretary to waive such prohibition if in the U.S. national interest.
Directs the Secretary to report to the appropriate congressional committees regarding: (1) actions by the government of Kazakhstan to implement the Extractive Industries Transparency Initiative; and (2) defense articles, defense services, and financial assistance (and their use) provided by the United States to Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and Turkmenistan.
Makes funds under this Act for the government of Uzbekistan available only if the Secretary reports to the appropriate congressional committees that Uzbekistan is making substantial progress in: (1) 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 human rights, establishing a multiparty system, ensuring free elections; and providing freedom of expression and media independence; and (2) investigating the May 2005 Andijan shootings.
Makes, with a limited exception, any current or former official of the government of Uzbekistan identified by the Secretary as having been involved in the Andijan shootings or other human rights violations in Uzbekistan ineligible for U.S. admission.
(Sec. 7076) Allocates funds for Afghanistan, with a set-aside for programs that directly address the needs of Afghan women and girls.
Withholds, with a national security waiver, specified law enforcement assistance for Afghanistan until the Secretary certifies to the appropriate congressional committees that the government of Afghanistan is cooperating with U.S. efforts: (1) against the Taliban and Al Qaeda; and (2) to reduce poppy cultivation and illicit drug trafficking.
Obligate specified assistance for Afghanistan under this Act for the National Solidarity Program.
Specifies actions that the Secretary should take to enhance U.S. reconstruction efforts in Afghanistan.
Obligates specified funds under this Act for: (1) rule of law and governance programs in Afghanistan; and (2) anti-extremist strategic communications activities.
(Sec. 7077) Prohibits funds under this Act from being used to support or justify the use of torture, cruel, or inhumane treatment by any U.S. official or contract employee.
(Sec. 7078) Directs the President to submit to the appropriate congressional committees a plan for the distribution of the assets of an Enterprise Fund before any distribution resulting from liquidation, dissolution, or winding up of the Fund.
(Sec. 7079) Obligates specified FY2010 international organization and program funds for the United Nations Population Fund, except for any country program in the PRC.
Prohibits funding of abortions.
(Sec. 7080) Extends OPIC investment insurance, investment guaranty, and direct investment authorities through September 30, 2011.
Authorizes the transfer of certain funds under this Act for OPIC.
Authorizes and directs the President of OPIC to issue environmental, transparency, and internationally recognized worker rights and human rights guidelines.
(Sec. 7081) Prohibits funds under this Act (other than funds for narcotics control and law enforcement, refugee assistance, or antiterrorism activities) from being used to assist the government of a country with which the United States has diplomatic relations and an extradition treaty and refuses to extradite to the United States any individual charged with a criminal offense for which the maximum penalty is life imprisonment without parole, or for killing a law enforcement officer. Authorizes a national security waiver of such prohibition.
(Sec. 7082) Obligates funds under this Act to: (1) reduce, mitigate, and sequester greenhouse gases that contribute to global climate change; (2) support climate change adaptation; and (3) protect biodiversity.
Makes specified funds for energy programs available only to promote the sustainable use of renewable energy technologies and energy efficient end-use technologies, carbon sequestration, and carbon accounting. (Permits such funds' availablilty for transportation-related technologies that utilize natural gas and alternative fuels.)
Obligates specified funds for adaption programs.
Obligates specified funds under this Act for biodiversity programs, including tropical forests and wildlife in developing countries. Sets aside from such amount funds for: (1) USAID's conservation programs in the Amazon Basin and Brazil; and (2) the Congo Basin forest partnership and the Coral Triangle Initiatve; and (3) international programs of the United States Fish and Wildlife Service and the United States Forest Service.
Directs the Secretary of the Treasury to inform international financial institutions and the public that it is U.S. policy that any assistance by such institutions for the extraction and export of oil, gas, coal, timber, or other natural resource should not be provided unless the government of the country has or is taking steps to establish functioning systems for: (1) revenue and expenditure accounting; (2) independent auditing; and (3) verifying government receipts against company payments.
Directs the Secretary of the Treasury to report to the appropriate congressional committees 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 national resource in the preceding 12 months.
Obligates specified funds under this Act for a U.S. contribution to the Extractive Industries Transparency Initiative (EITI) Trust Fund.
(Sec. 7083) Prohibits funds under this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the removal of foreign restrictions on the marketing of such products.
(Sec. 7084) Authorizes the commercial leasing of certain defense articles from commercial suppliers (instead of the government-to-government sale) to Israel, Egypt, North Atlantic Treaty Organization (NATO) members, and major non-NATO allies if the President determines that there are compelling foreign policy or national security reasons for such leasing.
(Sec. 7085) Directs the Secretary to: (1) compile a list of officials of foreign governments and their immediate family members who have been involved in corruption relating to the extraction of natural resources in their countries; and (2) report semiannually to the appropriate congressional committees.
Makes, with a limited waiver, a listed individual ineligible for U.S. admission.
(Sec. 7086) Directs the Secretary to: (1) report to the appropriate congressional committees regarding international prison conditions; and (2) 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.
Makes specified funds under this Act available to help eliminate inhumane conditions in prisons and other detention facilities administered by foreign governments that the Secretary determines are making significant efforts to eliminate such conditions.
(Sec. 7087) Sets forth training and equipment reporting provisions.
(Sec. 7088) Makes funds under this Act available to support efforts to promote transparency and accountability at the United Nations. Authorizes the Secretary to withhold a contribution to a U.N. organization or agency that is not adequately implementing such reforms.
Directs the Secretary of the Treasury to instruct the U.S. Executive Director of the International Monetary Fund (IMF) to promote: (1) transparency and accountability in the policymaking and budgetary procedures of IMF member governments; and (2) policies and practices to reduce the worst forms of child labor through education and other means.
Prohibits, with a national security waiver, funds under this Act from being made available for the government of any country that fails to make its national budget publicly available each year.
(Sec. 7089) Obligates specified funds under this Act for USAID activities for persons with disabilities in developing countries.
(Sec. 7090) States that specified funds under this Act should be made available 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.
(Sec. 7091) Prohibits specified military funds from being made available, defense export licenses issued, and military equipment or technology sold or transferred to Sri Lanka unless the Secretary certifies to the appropriate congressional committees that the government of Sri Lanka: (1) is suspending and bringing to justice members of the military who have committed human rights violations; (2) is treating internally displaced persons in accordance with international standards; (3) has agreed to the establishment of a field presence of the Office of the United Nations High Commissioner for Human Rights in Sri Lanka; and (4) is implementing reconciliation policies.
Exempts maritime and air surveillance and communications assistance from such prohibition.
(Sec. 7092) Obligates funds for cooperation with Cuba on counter-narcotics matters.
States that such funds shall not be available if the President certifies that: (1) Cuba does not have procedures to protect against the loss of innocent life in connection with the interdiction of illegal drugs; and (2) there is evidence of drug trafficking involvement by the government of Cuba.
Directs the Secretary to report to the appropriate congressional committees regarding TV Marti and Radio Marti.
(Sec. 7093) Amends the Foreign Assistance Act of 1961 regarding health services-related assistance eligibility for nongovernmental organizations.