[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3241 Placed on Calendar Senate (PCS)]
Calendar No. 417
112th CONGRESS
2d Session
S. 3241
[Report No. 112-172]
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2013, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 24, 2012
Mr. Leahy, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2013, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of State, foreign operations, and
related programs for the fiscal year ending September 30, 2013, and for
other purposes, namely:
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, $7,437,468,000, of which up to
$1,428,468,000 is for Worldwide Security Protection (to remain
available until expended): Provided, That funds made available under
this heading shall 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, $2,448,702,000, to remain
available until September 30, 2014, of which not less than
$132,311,000 shall be available only for public diplomacy
American salaries, and up to $218,110,000 is for Worldwide
Security Protection and shall remain available until expended.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $2,631,039,000, to remain
available until September 30, 2014, of which not less than
$409,255,000 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, $892,982,000, to remain available until September
30, 2014.
(4) Security programs.--For necessary expenses for security
activities, $1,464,745,000, to remain available until September
30, 2014, of which up to $1,210,358,000 is for Worldwide
Security Protection and shall remain available until expended.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, 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
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer, reprogramming, and other matters.--
(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.
(D) Of the funds appropriated under this heading,
up to $56,500,000, to remain available until expended,
may be transferred to, and merged with, funds
previously made available under the heading ``Conflict
Stabilization Operations'' in title I of prior acts
making appropriations for the Department of State,
foreign operations and related programs.
(E) Of the funds appropriated under this heading,
not more than $570,763,000 may be made available for
Department of State operations in Afghanistan, not more
than $29,970,000 may be made available for such
operations in Pakistan, and not more than $250,000,000
may be made available for such operations in Iraq.
capital investment fund
For necessary expenses of the Capital Investment Fund, $90,000,000,
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,
$67,000,000, 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, $625,000,000, 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 expenses
For representation expenses as authorized, $7,300,000.
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,
$35,000,000, to remain available until September 30, 2014.
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, $948,925,000, to remain
available until expended as authorized, of which not to exceed $7,500
may be used for domestic and overseas representation expenses 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, $688,799,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2013.
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,
$9,500,000, 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.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $1,800,000, as authorized, of which
$711,000 may be made available for administrative expenses necessary to
carry out the direct loan program and may be paid to ``Diplomatic and
Consular Programs'': 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.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $37,200,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
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, $1,389,737,000:
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 the Secretary of State shall report to the Committees on
Appropriations not later than May 1, 2013, on any credits available to
the United States from the United Nations Tax Equalization Fund (TEF)
and provide updated fiscal year 2014 assessment costs including offsets
from available TEF credits and updated foreign currency exchange rates:
Provided further, That any such credits shall only be available for
United States assessed contributions to the United Nations and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That any payment of arrearages under
this heading 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
under this heading 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, $2,006,500,000, of
which 15 percent shall remain available until September 30, 2014:
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), the Committees on
Appropriations are notified: (1) of the estimated cost and duration of
the mission, the national interest that will be served, and the exit
strategy; (2) that the United Nations has taken necessary measures to
prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in the mission from trafficking in persons,
exploiting victims of trafficking, or committing acts of illegal sexual
exploitation or other violations of human rights, and to bring to
justice individuals who engage in such acts while participating in the
peacekeeping mission, including prosecution in their home countries of
such individuals in connection with such acts, and to make information
about such cases publicly available in the country where an alleged
crime occurs and on the United Nations' Web site; and (3) pursuant to
section 7015 of this Act, and the procedures therein followed, setting
forth the source of funds that will be used to pay the cost of the new
or expanded mission: Provided further, That funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
American manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That the Secretary of
State shall work with the United Nations and governments contributing
peacekeeping troops to implement effective vetting procedures to ensure
that such troops have not violated human rights: Provided further,
That none of the funds appropriated or otherwise made available under
this heading may be used for any United Nations peacekeeping mission
that will involve United States Armed Forces under the command or
operational control of a foreign national, unless the President's
military advisors have submitted to the President a recommendation that
such involvement is in the national interests of the United States and
the President has submitted to the Congress such a recommendation:
Provided further, That notwithstanding any other provision of law,
funds appropriated or otherwise made available under this heading shall
be available for United States assessed contributions up to the amount
specified in the Annex contained in United Nations General Assembly
document A/64/220/Add.1 for the period ending December 31, 2012, and in
the next approved United Nations General Assembly Resolution regarding
the scale of assessments for United Nations peacekeeping operations for
the period beginning January 1, 2013: Provided further, That the
Secretary of State shall report to the Committees on Appropriations not
later than May 1, 2013, of any credits available to the United States
resulting from United Nations peacekeeping missions or the United
Nations Tax Equalization Fund: Provided further, That any such credits
shall only be available for United States assessed contributions to the
United Nations and shall be subject to the regular notification
procedures of the Committees on Appropriations.
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 $1,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $46,700,000.
construction
For detailed plan preparation and construction of authorized
projects, $31,500,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$13,500,000: Provided, That of the amount provided under this heading
for the International Joint Commission, $5,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $40,700,000: 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 (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio
and television broadcasting to the Middle East, $724,200,000:
Provided, That funds appropriated under this heading shall be made
available to expand unrestricted access to information on the Internet
through the development and use of circumvention and secure
communication technologies: Provided further, That the BBG shall
coordinate the development and use of such technologies with the
Secretary of State, as appropriate: Provided further, That not later
than 180 days after enactment of this Act, the BBG shall submit to the
Committees on Appropriations a report on how the BBG's multiyear
strategy and fiscal year 2013 budget reflect input from the Department
of State and other relevant Federal agencies regarding regional
priorities supporting United States national interests: Provided
further, That of the total amount appropriated under this heading, not
to exceed $35,000 may be used for representation expenses, of which
$10,000 may be used for representation expenses within the United
States as authorized, and not to exceed $30,000 may be used for
representation expenses of Radio Free Europe/Radio Liberty: Provided
further, That the authority provided by section 504(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 6206 note) shall remain in effect through September 30, 2013:
Provided further, That the BBG shall notify the Committees on
Appropriations within 15 days of any determination by the Board that
any of its broadcast entities, including its grantee organizations,
provides an open platform for international terrorists or those who
support international terrorism, or is in violation of the principles
and standards set forth in subsections (a) and (b) of section 303 of
the United States International Broadcasting Act of 1994 (22 U.S.C.
6202) or the entity's journalistic code of ethics: Provided further,
That significant modifications to BBG broadcast hours previously
justified to Congress, including changes to transmission platforms
(shortwave, medium wave, satellite, Internet, and television), for all
BBG language services shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
in addition to funds made available under this heading, and
notwithstanding any other provision of law, up to $2,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating international organizations, and
up to $1,000,000 in receipts from privatization efforts of the Voice of
America and the International Broadcasting Bureau, shall 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, including to Cuba, as authorized,
$8,850,000, 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), $17,000,000, to remain available until
expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act, $38,225,000, to
remain available until September 30, 2014, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2013, 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, 2013, 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, 2013, to remain available until expended.
International Center
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities 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,
$5,970,150, to be derived from the reserve authorized by such section,
to be used for the purposes set out in such section and for
development, maintenance, and security of additional properties for use
as an International Center by foreign governments or international
organizations.
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,
$16,700,000: 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, $236,000,000, to remain available until expended, of
which $200,000,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $36,000,000 shall be for
democracy, human rights, and rule of law programs.
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, $634,000, as authorized by section 1303 of
Public Law 99-83.
United States 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), as
amended, $3,250,000, including not more than $3,000 for representation
expenses, to remain available until September 30, 2014.
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, $2,579,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2014.
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 by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911-6919), $1,996,000,
including not more than $500 for representation expenses, to remain
available until September 30, 2014.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,493,000, including not more than $2,500 for
representation expenses, to remain available until September 30, 2014:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in division F of Public Law 111-117 shall continue in effect
during fiscal year 2013 and shall apply to funds appropriated under
this heading as if included in this Act.
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, $1,281,100,000, to remain
available until September 30, 2014, of which not more than $137,000,000
may be made available for United States Agency for International
Development (hereinafter in this Act ``USAID'') operations in
Afghanistan, not more than $37,000,000 may be made available for such
operations in Pakistan, and not more than $12,000,000 may be made
available for such operations in Iraq: Provided, That 10 percent of
the funds appropriated under this heading may not be obligated until
the USAID Administrator submits to the Committees on Appropriations a
comprehensive review of the Agency's policies and practices with
respect to unsolicited and small grant proposals, and university and
private sector partnership solicitations, and such review shall include
specific recommendations for improving access to information for, and
consideration of, such proposals and solicitations: Provided further,
That none of the funds appropriated under this heading and under the
heading ``Capital Investment Fund'' in this title may be made available
to finance the construction (including architect and engineering
services), purchase, or long-term lease of offices for use by USAID,
unless the USAID Administrator has identified such proposed use of
funds 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 contracts or agreements entered into with funds
appropriated under this heading during fiscal year 2014 may entail
commitments for the expenditure of such funds through the following
fiscal year: Provided further, That any decision to open a new or
reorganized USAID mission, bureau, center, 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 any reprogramming of funds in excess of $1,000,000 or 10 percent,
whichever is less, between the cost categories in the table included
under this heading in the report accompanying this Act, and any new
administrative initiative not specifically justified in USAID's fiscal
year 2013 Congressional Budget Justification shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated or made available
under this heading, not to exceed $200,000 may be available for
representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, for USAID during
the current fiscal year.
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, $140,000,000, 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, $51,000,000, to remain available
until September 30, 2014, which sum shall be available for the Office
of Inspector General, USAID.
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, as follows:
global health programs
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, $2,928,968,000, to remain available until September 30, 2014,
and which shall be apportioned directly to USAID: Provided, That this
amount shall be made available for training, equipment, and technical
assistance to build the capacity of public health institutions and
organizations in developing countries, and 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 including neglected tropical
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 funds
appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance: 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 not
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
the eighth and ninth provisos under this heading in the Consolidated
Appropriations Act, 2012 (Public Law 112-74) shall apply to funds
appropriated under this heading in this Act: 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, $5,550,000,000, to remain
available until September 30, 2017, which shall be apportioned directly
to the Department of State: Provided, That the annual report required
by section 104A(f) of the Foreign Assistance Act of 1961, which report
shall be submitted hereafter, as well, to the Committees on
Appropriations, shall include for each regional and bilateral
partnership framework country a description of the transition strategy
for each such country within the President's Emergency Plan for AIDS
Relief, including details on the host country and/or multilateral
organization capacity to sustain the achievements of United States-
funded HIV/AIDS and related programs: Provided further, That funds
appropriated under this paragraph may 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 (Global
Fund), and shall be expended at the minimum rate necessary to make
timely payment for projects and activities: Provided further, That the
amount of such contribution should be $1,650,000,000: Provided
further, That up to 5 percent of the aggregate amount of funds made
available to the Global Fund in fiscal year 2013 may be made available
to USAID for technical assistance related to the activities of the
Global Fund: Provided further, That of the funds appropriated under
this paragraph, up to $14,250,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $3,050,000,000, to remain
available until September 30, 2014: Provided, That of the funds
appropriated under this heading, $23,000,000 shall be made available
for the American Schools and Hospitals Abroad program, and not less
than $10,000,000 shall be made available for USAID cooperative
development programs within the Office of Private and Voluntary
Cooperation.
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, $1,250,000,000,
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, $59,000,000, 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 USAID
shall submit a report to the Committees on Appropriations at least 5
days prior to beginning a new program of assistance: Provided further,
That if the Secretary of State determines that it is 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.
complex crises fund
(including transfer of funds)
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to enable the USAID Administrator, in
consultation with the Secretary of State, to support programs and
activities to prevent or respond to emerging or unforeseen complex
crises overseas, $50,000,000, to remain available until expended:
Provided, That funds appropriated under this heading may be made
available on such terms and conditions as the USAID Administrator may
determine, in consultation with the Committees on Appropriations, for
the purposes of preventing or responding to such crises, except that no
funds shall be made available to respond to natural disasters:
Provided further, That funds appropriated under this heading may be
made available notwithstanding any other provision of law, except
sections 7007, 7008, and 7018 of this Act and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act: Provided
further, That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on
Appropriations, except that such notifications shall be transmitted at
least 5 days in advance of the obligation of funds: Provided further,
That up to $10,000,000 of the funds appropriated under this heading may
be transferred to, and merged with, funds appropriated under the
heading ``Conflict Stabilization Operations'' in title I of prior Acts
making appropriations for the Department of State, foreign operations,
and related programs.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by USAID,
as authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $40,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act: Provided,
That funds provided under this paragraph and funds provided as a gift
that are used for purposes of this paragraph 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, except that the principal amount of loans made or
guaranteed under this heading with respect to any single country shall
not exceed $300,000,000: Provided further, That these funds are
available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $8,200,000, 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,
2015.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $4,524,332,000, to
remain available until September 30, 2014: Provided, That of the funds
appropriated under this heading, $250,000,000 shall be made available
for assistance for Egypt, for programs and activities to reduce poverty
and create jobs, strengthen democracy, and protect human rights,
including to implement section 7041(b)(3) of this Act, and including
not less than $35,000,000 for education programs of which not less than
$10,000,000 is for scholarships at not-for-profit institutions for
Egyptian students with high financial need: Provided further, That
funds appropriated under this heading that are made available for
assistance for Cyprus shall 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 made
available for assistance for Lebanon under this heading, $12,000,000
shall be used for scholarships at not-for-profit institutions for
students in Lebanon with high financial need: Provided further, That
of the funds appropriated under this heading, not less than
$410,000,000 shall be available for assistance for Jordan: Provided
further, That of the funds appropriated under this heading, not less
than $175,000,000 shall be apportioned directly to USAID for
alternative development/institution building and local governance
programs in Colombia: Provided further, That notwithstanding any other
provision of law, of the funds appropriated under this heading, not
more than $15,000,000 may be made available for assistance for Cuba,
including for humanitarian assistance, support for economic reform,
private sector initiatives, democracy, and human rights: 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-Karabakh: Provided further, That of the funds appropriated
under this heading, not less than $7,000,000 shall be made available
for humanitarian, conflict mitigation, human rights, civil society, and
relief and reconstruction assistance for the North Caucasus: Provided
further, That after consultation with the Committees on Appropriations
and the Secretary of the Treasury, the Secretary of State may transfer
funds made available under this heading to funds appropriated by this
Act under the heading ``Multilateral Assistance, Funds Appropriated to
the President, International Financial Institutions'' for additional
payments to such institutions, facilities, and funds enumerated under
such headings: Provided further, That funds appropriated under this
heading by this Act or prior Acts making appropriations for the
Department of State, foreign operations and related programs, or under
the heading ``Assistance for Europe, Eurasia and Central Asia'' in such
prior Acts, may be made available as a contribution to an endowment in
support of efforts to maintain and preserve the Auschwitz-Birkenau
site.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$230,000,000, to remain available until September 30, 2014, of which
$136,000,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights, and Labor, Department of
State, and $94,000,000 shall be made available for the Bureau for
Democracy, Conflict, and Humanitarian Assistance, USAID.
middle east and north africa incentive fund
For necessary expenses for a Middle East and North Africa Incentive
Fund to carry out the provisions of the Foreign Assistance Act of 1961,
as amended by this Act, $1,000,000,000, to remain available until
September 30, 2015, which shall be available, notwithstanding any other
provision of law except section 620M of the Foreign Assistance Act, as
amended by this Act, for assistance and for contributions to promote
regional peace and security and political and economic reform and
stability in the Middle East and North Africa, which shall include
programs and activities focused on empowering women and girls,
advancing their stature, protection, and integration into educational,
political, economic, and security sectors of their societies:
Provided, That funds appropriated under this heading may be made
available for scholarships and public diplomacy programs, including
educational and professional exchanges, broadcasting, and use of the
Internet and social media to facilitate communication with and among
the people of the region: Provided further, That funds appropriated
under this heading may be made available for the costs of direct and
guaranteed loans for countries in the Middle East and North Africa:
Provided further, That such costs, including the cost of modifying such
loans and loan guarantees, shall be as defined in section 502 of the
Congressional Budget Act of 1974, and may include the costs of selling,
reducing, or cancelling any amounts owed to the United States or any
agency of the United States by any country in the Middle East and North
Africa: Provided further, That amounts that are made available under
the previous two provisos for the costs of direct loans, loan
guarantees, and modifications shall not be considered assistance for
the purposes of provisions of law limiting assistance to a country:
Provided further, That funds appropriated under this heading may be
transferred to, and merged with, funds appropriated under the heading
``Contributions for International Peacekeeping'' for peacekeeping
operations in the Middle East and North Africa: Provided further, That
funds appropriated under this heading may be transferred to any
institution, fund, or program for which funds are made available under
the heading ``Multilateral Assistance, Funds Appropriated to the
President, International Financial Institutions'' for the purposes of
this heading: Provided further, That up to 5 percent of funds
appropriated under this heading may be made available for
administrative expenses of agencies implementing and managing programs
funded under this heading, in addition to funds otherwise available for
such purposes, and such funds may be transferred to, and merged with,
funds under the headings ``Diplomatic and Consular Programs'' and
``Operating Expenses'': Provided further, That prior to the initial
obligation of funds appropriated under this heading the Secretary of
State shall consult with the Committees on Appropriations.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, 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, $2,300,000,000, to remain available until expended, of which
$15,000,000 shall be made available for refugees resettling in Israel,
and not less than $35,000,000 shall be made available to respond to
small-scale emergency humanitarian requirements.
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)), $50,000,000, 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 (22 U.S.C. 2501-2523), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $400,000,000, of which $5,000,000 is
for the Office of Inspector General, to remain available until
September 30, 2014: Provided, That the Director of the Peace Corps
(the Director) may transfer to the Foreign Currency Fluctuations
Account, as authorized by 22 U.S.C. 2515, an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may be
available for representation expenses, of which not to exceed $4,000
may be made available for entertainment expenses: Provided further,
That any decision to open, close, significantly reduce, or suspend a
domestic or overseas office or country program shall be subject to
prior consultation with, and the regular notification procedures of,
the Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel,
pursuant to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division C of Public Law 112-74 shall apply to
Peace Corps volunteers to the same effect as it applies to Peace Corps
employees.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (MCA), $898,200,000 to remain
available until expended: Provided, That of the funds appropriated
under this heading, up to $105,000,000 may be available for
administrative expenses of the Millennium Challenge Corporation (the
Corporation): Provided further, That up to 5 percent of the funds
appropriated under this heading may be made available to carry out the
purposes of section 616 of the MCA for fiscal year 2013: Provided
further, That section 605(e) of the MCA 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 MCA 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 Chief Executive Officer of the 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: Provided further, That any funds that are
deobligated from a Millennium Challenge Compact shall be subject to the
regular notification procedures of the Committees on Appropriations
prior to re-obligation: Provided further, That notwithstanding section
606(a)(2) of the MCA, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's
lower middle income country threshold for the fiscal year and is among
the 75 lowest per capita income countries as identified by the World
Bank; and the country meets the requirements of section 606(a)(1)(B) of
the MCA: Provided further, That notwithstanding section 606(b)(1) of
the MCA, in addition to countries described in the preceding proviso, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country
threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA: Provided further,
That any Millennium Challenge Corporation candidate country under
section 606 of the MCA with a per capita income that changes in the
fiscal year such that the country would be reclassified from a low
income country to a lower middle income country or from a lower middle
income country to a low income country shall retain its candidacy
status in its former income classification for the fiscal year and the
2 subsequent fiscal years: Provided further, That section 610 of the
MCA shall not apply with respect to the Federal Register: Provided
further, That notwithstanding section 609(j) of the MCA, a compact may
be extended by the Board of the Corporation up to 1 year due to
extraordinary circumstances: Provided further, That of the funds
appropriated under this heading, not to exceed $65,000 may be available
for representation expenses.
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, $23,500,000, to remain available
until September 30, 2014: Provided, That of the funds appropriated
under this heading, not to exceed $1,000 may be available for
representation expenses.
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),
$31,000,000, to remain available until September 30, 2014, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the African Development Foundation (ADF): 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 ADF 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 percent if
the increase is due solely to foreign currency fluctuation: Provided
further, That the ADF shall provide a report to the Committees on
Appropriations after each time such waiver authority is exercised:
Provided further, That section 503(a) of the African Development
Foundation Act (Public Law 96-533; 22 U.S.C. 290h-1(a)) is hereby
amended by inserting ``United States'' before ``African Development''.
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, $29,000,000, to remain available
until September 30, 2015, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,484,620,000, to remain available until
September 30, 2014: Provided, That funds made available under this
heading shall be allocated as follows:
(1) Counternarcotics programs.--$214,520,000 for assistance
for counternarcotics programs, including supply and demand
reduction, and associated programs: Provided, That the
Department of State may 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 purposes of providing such
property 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 section 482(b) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated under this
heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated under this heading and
under the heading ``Foreign Military Financing Program'' that
are available for police and military forces in Mexico and
Central and South America, not less than $10,000,000 shall be
available for assistance for civilians who suffer harm as a
result of counternarcotics, anti-crime, and counterinsurgency
operations by such forces, except that such funds shall be
matched by sources other than the Government of the United
States.
(2) Civilian judicial and security programs.--$899,600,000
for assistance for rule of law, justice, corrections, anti-
crime, cyber crime, civilian police, and security sector reform
programs, of which not less than $5,000,000 shall be made
available to combat piracy of United States copyright
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, That the reporting requirements
contained in section 1404 of Public Law 110-252 shall apply to
funds made available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority: Provided further, That funds
appropriated under this heading shall be made available for
interagency rule of law training programs.
(3) Aviation.--$243,000,000 for expenses relating to the
cost of purchasing, leasing, maintaining, and the disposition
of aircraft, and including aircraft used in counternarcotics
programs: Provided, That not later than 60 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing the number
of aircraft purchased and leased by the Department of State in
previous fiscal year, and the costs of storing and maintaining
such aircraft.
(4) Administrative expenses.--$127,500,000 for
administrative expenses, including the costs associated with
the hiring of contractors: Provided, That not later than 180
days after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
the number of personnel, including contractors, hired by funds
made available under this paragraph, and a description of the
job to be performed.
(5) Reprogramming and other matters.--
(A) Notwithstanding any provision of this Act,
funds may be reprogrammed between subsections under
this heading subject to section 7015 of this Act.
(B) Notwithstanding any other provision of law, the
concurrence of the Secretary of State shall be required
for the provision of assistance under section 1033 of
Public Law 105-85, as amended, and for the provision of
any other assistance which is comparable to assistance
made available under this heading but which is provided
by any other Federal department or agency under any
other provision of law, including assistance to support
counternarcotics and anti-crime activities of a foreign
government and for any foreign law enforcement agency
for such purposes.
(C) The Secretary of State shall provide to the
Committees on Appropriations not later than 45 days
after 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.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $635,668,000, 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 for the clearance of unexploded ordnance,
the Secretary of State should prioritize those areas where such
ordnance was caused by the United States: Provided further, That funds
made available under this heading for the Nonproliferation and
Disarmament Fund shall be available notwithstanding any other provision
of law and subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, to
promote bilateral and multilateral activities relating to
nonproliferation, disarmament and weapons destruction, and shall remain
available until expended: 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 the IAEA unless the Secretary of State determines that
Israel is being denied its right to participate in the activities of
that Agency: Provided further, That funds appropriated under this
heading may be made available for public-private partnerships for
conventional weapons and mine action by grant, cooperative agreement or
contract: Provided further, That notwithstanding any other provision
of law, funds appropriated under this heading in prior Acts that were
previously notified to the Committees on Appropriations for programs in
Asia but that remain unobligated on the date of enactment of this Act,
shall be subject to the regular notification procedures of the
Committees on Appropriations prior to obligation: Provided further,
That funds made available for demining and related activities, 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, 2014.
In addition, for assistance for unanticipated nonproliferation,
demining, and anti-terrorism programs in the Near East and other
regions, $60,000,000, to remain available until expended.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $391,100,000: Provided, That
funds appropriated under this heading may be used, notwithstanding
section 660 of such Act, to provide assistance to enhance the capacity
of foreign civilian security forces, including gendarmes, to
participate in peacekeeping operations: Provided further, That of the
funds appropriated under this heading, $28,000,000 shall be made
available for a United States contribution to the Multinational Force
and Observers mission in the Sinai: Provided further, That of the
funds appropriated under this heading, up to $142,000,000 may be used
to pay assessed expenses of international peacekeeping activities in
Somalia and shall be available until September 30, 2014: Provided
further, That funds appropriated under this Act should not be used to
support any military training or operations that include child
soldiers: 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.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $103,018,000, of which up to
$4,000,000 may remain available until September 30, 2014, 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 the Secretary of State shall provide to the
Committees on Appropriations, not later than 45 days after enactment of
this Act, a report on the proposed uses of all program funds under this
heading on a country-by-country basis, including a detailed description
of proposed activities: Provided further, That of the funds
appropriated under this heading, not to exceed $20,000 may be available
for entertainment expenses.
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,
$5,849,820,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants
only for Israel, and $1,300,000,000 shall be available for grants only
for Egypt: Provided further, That the funds appropriated under this
heading for assistance for Israel shall be disbursed within 30 days of
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 under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which not less than $815,300,000 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 under this heading, $300,000,000 shall be made
available for assistance for Jordan: Provided further, That funds
appropriated by this Act should not be made available and no defense
export license should be issued for tear gas, armored vehicles, small
arms, light weapons, ammunition, or other items for crowd control
purposes, to the security forces of a foreign country undergoing
democratic transition, unless the Secretary of State notifies the
Committees on Appropriations that such forces have not repeatedly used
excessive force to repress peaceful, lawful, and organized dissent:
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, in coordination with the
Secretary of Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading 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 procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement 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 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 $60,000,000 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 $10,000 may be available for representation expenses: Provided
further, That not more than $885,000,000 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 2013
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.
Pakistan Counterinsurgency Capability Fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 8 of
part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance
Act of 1961 and section 23 of the Arms Export Control Act, $50,000,000,
to remain available until September 30, 2013, for the purpose of
providing assistance for Pakistan to build and maintain the
counterinsurgency capability of Pakistani security forces (including
the Frontier Corps), to include program management, training in civil-
military humanitarian assistance, human rights training, and the
provision of equipment, supplies, services, training, and facility and
infrastructure repair, renovation, and construction: Provided, That
the terms, conditions, and authorities contained in the first through
sixth provisos under this heading in title VIII of division I of Public
Law 112-74 shall apply to funds appropriated by this Act under this
heading: Provided further, That none of the funds appropriated under
this heading in this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs may be
made available for obligation unless the Secretary of State certifies
to the Committees on Appropriations that the Government of Pakistan has
reopened overland cargo routes available to support United States and
North Atlantic Treaty Organization troops in Afghanistan, and funds
appropriated under this heading can be used efficiently and effectively
by the end of the fiscal year: Provided further, That if the Secretary
cannot make the certification required in the previous proviso, funds
appropriated by this Act and prior Acts under this heading shall be
transferred to, and merged with, funds appropriated by this Act under
the headings ``Development Assistance'', ``Economic Support Fund'',
``Middle East and North Africa Incentive Fund'', and
``Nonproliferation, Anti-terrorism, Demining and Related Programs''.
global security contingency fund
For necessary expenses of the Global Security Contingency Fund, as
authorized, $25,000,000, to remain available until expended.
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, $375,000,000:
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 payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $139,400,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,358,500,000, to remain available until
expended.
For payment to the International Development Association by the
Secretary of the Treasury for costs incurred under the Multilateral
Debt Relief Initiative, $50,000,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$186,957,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed
$2,928,990,899.
contribution to the clean technology fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Clean Technology Fund by the Secretary
of the Treasury, $300,000,000, to remain available until expended.
contribution to the strategic climate fund
For payment to the International Bank for Reconstruction and
Development as trustee for the Strategic Climate Fund by the Secretary
of the Treasury, $100,000,000, to remain available until expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $200,000,000, to remain available until
expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $113,500,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $4,098,794,833.
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, $25,726,000, to
remain available until expended.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of increase
in capital stock, $106,799,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $2,558,048,769.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $115,250,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
For payment to the African Development Fund by the Secretary of the
Treasury for costs incurred under the Multilateral Debt Relief
Initiative, $15,150,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $195,000,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $32,243,000, 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, $4,400,000, to remain available until September 30, 2014.
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 the loan, guarantee, and insurance authority available to
the Export-Import Bank may not be used to support any coal-fired power
plant that does not meet United States Government emissions
requirements for new coal-fired power plants: 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 end-use energy
efficiency technologies: 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, 2013.
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 $38,000,000: 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,
2028, for the disbursement of direct loans, loan guarantees, insurance
and tied-aid grants obligated in fiscal years 2013, 2014, 2015, and
2016: 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.
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 $20,000
for official reception and representation expenses for members of the
Board of Directors, not to exceed $103,900,000: 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 September 30, 2013: Provided further, That the Export-Import
Bank shall charge fees for necessary expenses (including special
services performed on a contract or fee basis, but not including other
personal services) in connection with the collection of moneys owed the
Export-Import Bank, repossession or sale of pledged collateral or other
assets acquired by the Export-Import Bank in satisfaction of moneys
owed the Export-Import Bank, or the investigation or appraisal of any
property, or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That, in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account, to remain
available until expended.
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 amounts collected in fiscal year 2013 in
excess of obligations, up to $50,000,000, shall become available on
September 1, 2013, and shall remain available until September 30, 2016.
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
$10,000) shall not exceed $60,784,000: 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, $31,000,000, 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 2013, 2014, and 2015:
Provided further, That funds so obligated in fiscal year 2013 remain
available for disbursement through 2021; funds obligated in fiscal year
2014 remain available for disbursement through 2022; and funds
obligated in fiscal year 2015 remain available for disbursement through
2023: 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 chapter 2 of part I 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.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $57,600,000, to remain available
until September 30, 2014: Provided, That of the funds appropriated
under this heading, not more than $2,000 may be available for
representation and entertainment expenses.
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 of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2013 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section should specify by account the amount of funds obligated
pursuant to bilateral agreements which have not been further sub-
obligated.
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.
construction of diplomatic facilities
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.
(c) For the purposes of calculating the fiscal year 2013 costs of
providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares in a manner
that is proportional to the Department of State's contribution for this
purpose.
(d) Funds appropriated by this Act, and any prior Act making
appropriations for the Department of State, foreign operations, and
related programs, which may be made available for the acquisition of
property for overseas diplomatic facilities, shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(e) Funds appropriated under titles I and II of this Act that are
available for the construction or renovation of facilities in
Afghanistan and Iraq may not be made available if the purpose is to
accommodate staff in addition to those in place or to increase the
capacity of aviation assets above those existing, on the date of
enactment of this Act: Provided, That none of the funds appropriated
by this Act or prior acts making appropriations for the Department of
State, foreign operations, and related programs may be made available
for construction, rehabilitation, or other improvements to facilities
in Iraq on property for which no land-use agreement has been entered
into by the Governments of the United States and Iraq.
(f) Not later than 90 days after enactment of this Act, and every
90 days thereafter until September 30, 2014, the Secretary of State
shall provide to the Committees on Appropriations an updated staffing
plan for each Department of State facility in Afghanistan, a
justification for the continuation of each on-going or planned
construction project in Afghanistan, including the revised number of
staff planned for each facility, and modifications to such construction
projects to reflect planned reductions in staff.
(g) Not later than 90 days after enactment of this Act, and every
90 days thereafter until September 30, 2013, the Secretary of State
shall provide to the Committees on Appropriations an updated plan for
all Department of State construction projects in Iraq, a justification
for the continuation of each such project in light of changes in the
scope of United States activities in Iraq and related reductions in
staff, updated cost estimates for each project and resulting savings,
and the proposed use of such savings.
(h) Not later than 180 days after enactment of this Act, the
Secretary of State shall establish policies, standards, and procedures
for the construction and operation of temporary and permanent
diplomatic facilities in environments in which the Department of State
does not traditionally operate or to accommodate temporary surges in
personnel and programs: Provided, That such guidelines shall consider
cost-effectiveness, including a cost comparison of temporary versus
permanent construction for the projected period the facility will be
required, flexible security requirements, and collocation with other
United States Government agencies, as appropriate: Provided further,
That the Secretary of State shall consult with the heads of the United
States missions in Afghanistan and Iraq, and other Federal agencies, in
developing such policies, standards, and procedures.
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.
local guard contracts
Sec. 7006. In evaluating proposals for local guard contracts, the
Secretary of State shall award contracts in accordance with section 136
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991
(22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101) in Iraq, Afghanistan, Pakistan, and other
hostile or high-risk areas notwithstanding subsection (c)(3) of such
section: Provided, That the authority in this section shall apply to
any options for renewal that may be exercised under such contracts that
are awarded during the current fiscal year: Provided further, That
prior to issuing a solicitation for a contract to be awarded pursuant
to the authority under this section, the Secretary of State shall
consult with the Committees on Appropriations and other relevant
congressional committees.
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.
coups d'etat
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 d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: 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.--
(1) 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.
(2) 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.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under subsections (a) and (b) of
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.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2013, 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) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations 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 and the Arms Export Control Act
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.
(3) Any agreement entered into by USAID or the Department
of State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', and ``Economic Support
Fund'' shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That the
requirement in the previous sentence shall not apply to
agreements entered into between USAID and the Department of
State.
(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,
not less than 5 days prior to the exercise of any authority contained
in the Foreign Assistance Act of 1961 to transfer funds, consults with
and provides a written policy justification to 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 Department of State or USAID and another
agency of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial audits of
the use of such funds: Provided, That such audits shall be transmitted
to the Committees on Appropriations: Provided further, 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, 2013, 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'', ``Peacekeeping Operations'', and
``Pakistan Counterinsurgency Capability Fund'': 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 and 8
of part I, section 661, 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 ``Middle East and North
Africa Incentive Fund'' 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
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations at the beginning of each fiscal year, detailing by
account and source year, the use of this authority during the previous
fiscal year.
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 1 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 for 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 2013 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 2014
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.
(h) Report.--The Secretary of State shall submit a report to the
Committees on Appropriations not later than 90 days after the enactment
of this Act detailing steps taken by the Department of State to comply
with the requirements provided in subsections (a) and (f).
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 USAID that are specifically designated for particular
programs or activities by this or any other Act shall be extended for
an additional fiscal year if the USAID Administrator determines and
reports promptly to the Committees on Appropriations that the
termination of assistance to a country or a significant change in
circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability: Provided, That
such designated funds that continue to be available for an additional
fiscal year shall be obligated only for the purpose of such
designation.
(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.
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 2013, 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) creates, closes, reorganizes, or renames bureaus,
centers, or 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: Provided, That unless previously
justified to the Committees on Appropriations, the requirements of this
subsection shall apply to all obligations of funds appropriated under
title I of this Act for paragraphs (5) and (6) of this subsection.
(b) 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 2013, 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 under title I of this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations are notified
15 days in advance of such reprogramming of funds.
(c) None of the funds made available under titles II through VI and
VIII in this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Economic Support Fund'', ``Democracy
Fund'', ``Middle East and North Africa Incentive 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'', ``Pakistan Counterinsurgency Capability
Fund'', and ``Peace Corps'', 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 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 requirements of this subsection or any similar
provision of any other Act shall not apply to any reprogramming for an
activity, program, or project for which funds are appropriated under
titles II through VI and VIII 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, with the exception
of funds transferred to, and merged with, funds appropriated under
title I of this Act, funds transferred by the Department of Defense to
the Department of State and USAID for assistance for foreign countries
and international organizations, 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.
(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 Committees on
Appropriations shall be provided as early as practicable, but in no
event later than 3 days after taking the action to which such
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, IV, and VIII
of this Act shall be obligated or expended for assistance for
Afghanistan, Bahrain, Bangladesh, Burma, Cambodia, Colombia, Cuba,
Egypt, Ethiopia, Guatemala, Haiti, Honduras, Indonesia, Iran, Iraq,
Kazakhstan, Kenya, Libya, Mexico, Nepal, Pakistan, Philippines, the
Russian Federation, Serbia, Somalia, Sri Lanka, South Sudan, Sudan,
Syria, Uzbekistan, Yemen, or Zimbabwe 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 and prior Acts 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 or section 7049(a) of this Act, shall remain
available for obligation until September 30, 2014.
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 shall be made available
for programs and countries in the amounts contained in the respective
tables included in the report accompanying this Act.
(b) For the purposes of implementing this section and only with
respect to the tables included in the report accompanying this Act, the
Secretary of State, the USAID Administrator 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.
limitations on representation and entertainment expenses
Sec. 7020. (a) Each Federal department, agency, or entity funded in
titles I and II of this Act, and the Department of Treasury and
independent agencies funded in titles III and VI of this Act, shall
take steps to ensure that all expenses for domestic and overseas
representation and entertainment are only for meals and events of a
protocol nature that are not incident to a conference, meeting, or
other business of such department, agency, or entity: Provided, That
such meals and events shall not be for employee-only events (such as
retirement and holiday parties), and shall be primarily for fostering
relations outside of the executive branch: Provided further, That
entertainment expenses may not include 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: Provided further, That each such department,
agency, and entity shall provide to the Committees on Appropriations
not later than 90 days after enactment of this Act its policy on the
use of representation and entertainment funds.
(b) 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 Programs'',
``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 governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) 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 supports international terrorism for
purposes of section 6(j) of the Export Administration Act of
1979: Provided, That the prohibition under this section with
respect to a foreign government shall terminate 12 months after
that government ceases to provide such military equipment:
Provided further, That this section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national interests
of the United States.
(3) Whenever the President makes a determination pursuant
to paragraph (2), the President shall submit to the Committees
on Appropriations a report with respect to the furnishing of
such assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
U.S. national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any
such title in prior acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) The President may waive the application of paragraph
(1) to a government if the President determines that national
security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such 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. 7022. 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. 7023. For the purpose of titles I 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; and for the
development assistance accounts of USAID ``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. 7024. 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: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (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: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
commodity with respect to which assistance is furnished; or
(2) activities in a country recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(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;
(2) research activities intended primarily to benefit
American producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(c) The Secretary of the Treasury shall instruct the United States
Executive Directors of the international financial institutions, as
defined in section 7029(e) of this Act, to use the voice and vote of
the United States to oppose any assistance by such institutions, using
funds appropriated or made available by 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. 7026. (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 USAID Administrator 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 USAID 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 of the Foreign Assistance Act of
1961 (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.--USAID 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 of the Foreign Assistance Act of 1961 (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 USAID Administrator 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 regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (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 ``Middle
East and North Africa Incentive Fund'': 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 2013, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the Food
for Peace Act (Public Law 83-480), as amended: 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. 7028. 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. 7029. (a) None of the funds appropriated under 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 executive 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
executive 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 of each international financial institution to
oppose any loan, grant, strategy or policy of such institution that
would require user fees or service charges on poor people for primary
education or primary healthcare, including maternal and child health,
and the prevention, care and treatment of HIV/AIDS, malaria, and
tuberculosis in connection with such institution's financing programs.
(c) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to use the
voice and vote of the United States to oppose any loan, project,
agreement, memorandum, instrument, plan, or other program of the IMF to
a Heavily Indebted Poor Country that imposes budget caps or restraints
that do not allow the maintenance of or an increase in governmental
spending on healthcare or education; and to promote government spending
on healthcare, education, agriculture and food security, or other
critical safety net programs in all of the IMF's activities with
respect to Heavily Indebted Poor Countries.
(d) Of the funds appropriated by this Act that are available for a
United States contribution to the general capital increases of the
International Bank for Reconstruction and Development, the African
Development Bank, the Asian Development Bank, and the Inter-American
Development Bank, 10 percent of each such contribution may not be
obligated or expended until the Secretary of the Treasury reports to
the Committees on Appropriations that such institution is implementing
best practices for the protection of whistleblowers from retaliation,
including best practices for legal burdens of proof, access to
independent adjudicative bodies, results that eliminate the effects of
retaliation, and statutes of limitation for reporting retaliation.
(e) For the purposes of this Act ``international financial
institutions'' shall mean 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 Asian
Development Fund, 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.
debt-for-development
Sec. 7030. 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 USAID 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.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Funds appropriated by this Act may be made available
for direct Government-to-Government assistance only if--
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency
or ministry have been addressed; and
(i) the recipient agency or ministry
employs and utilizes staff with the necessary
technical, financial, and management
capabilities;
(ii) the recipient agency or ministry has
adopted competitive procurement policies and
systems;
(iii) effective monitoring and evaluation
systems are in place to ensure that such
assistance is used for its intended purposes;
and
(iv) no level of acceptable fraud is
assumed; and
(B) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance.
(2) In addition to the requirements in subsection (a), no
funds may be made available for such assistance without prior
consultation with, and notification to, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
Government-to-Government assistance with a cumulative value
exceeding $50,000,000 and to all funds available for cash
payments to individuals.
(3) The USAID Administrator or the Secretary of State, as
appropriate, shall suspend any such assistance if the
Administrator or the Secretary has credible information of
material misuse of such assistance, unless the Administrator or
the Secretary determines and reports to the Committees on
Appropriations that it is in the national interest of the
United States to continue such assistance.
(4) The Secretary of State shall submit to the Committees
on Appropriations, concurrent with the fiscal year 2014
congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country, proposed
funding amount, source of funds, and type of assistance.
(b) National Budget and Contract Transparency.--
(1) Minimum standards of fiscal transparency.--Not later
than 90 days after enactment of this Act, the Secretary of
State shall develop, for each government receiving assistance
appropriated by this Act, ``minimum standards of fiscal
transparency'' which shall be updated and strengthened, as
appropriate, to reflect best practices.
(2) Definition.--For purposes of paragraph (1), ``minimum
standards of fiscal transparency'' are standards developed in
accordance with subsection (a) and shall include standards for
the public disclosure of national budget information, including
receipts and expenditures by ministry, and government contracts
and licenses for natural resource extraction, to include
bidding and concession allocation practices.
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act and
annually thereafter, shall make a determination of
``significant progress'' or ``no significant progress'' in
meeting minimum standards of fiscal transparency, and make such
determinations publicly available in an annual ``Fiscal
Transparency Report'' to be posted on the Department of State's
Web site: Provided, That the Secretary shall identify any
steps taken by each such government to publicly disclose
national budget information which are additional to those taken
in previous fiscal years, include specific recommendations of
short- and long-term steps such government can take to improve
budget transparency, and identify benchmarks for measuring
progress.
(4) Assistance.--Of the funds appropriated under title III
of this Act, not less than $10,000,000 shall be made available
for programs and activities to assist governments identified
pursuant to paragraph (1) to improve budget transparency and to
support civil society organizations in such countries that
promote budget transparency: Provided, That such sums shall be
in addition to funds otherwise made available for such
purposes.
(c) Anti-Kleptocracy.--
(1) Officials of foreign governments and their immediate
family members who the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, shall be ineligible for entry into the United
States.
(2) Individuals shall not be ineligible if entry into the
United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in this
provision shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) The Secretary may waive the application of paragraph
(1) if the Secretary determines that the waiver would serve a
compelling national interest or that the circumstances which
caused the individual to be ineligible have changed
sufficiently.
(4) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall submit a
report, in classified form if necessary, to the Committees on
Appropriations describing the information relating to
corruption concerning each of the individuals found ineligible
pursuant to paragraph (1), or who would be ineligible but for
the application of paragraph (2), a list of any waivers
provided under subsection (3), and the justification for each
waiver.
(d) Foreign Assistance Web Site.--Funds appropriated by this Act
shall be made available to expand information on United States
Government foreign assistance posted on the foreignassistance.gov Web
site: Provided, That all Federal agencies funded under this Act shall
provide such information on foreign assistance, upon request, to the
Department of State: Provided further, That not later than 180 days
after enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations assessing the cooperation of
the heads of other Federal agencies in providing the Department of
State with foreign assistance information administered by such
agencies, in a standardized format: Provided further, That the
Secretary of State shall seek such foreign assistance information from
prior fiscal years, beginning in fiscal year 2011.
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: Provided,
That 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''.
multi-year pledges
Sec. 7033. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) 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.
(c) World Food Program.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, USAID, from this or any other
Act, shall be made available as a general contribution to the World
Food Program, notwithstanding any other provision of law.
(d) 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'', ``Middle East and North Africa
Incentive Fund'', ``Peacekeeping Operations'', ``International Disaster
Assistance'', and ``Transition Initiatives'' may 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.
(e) Contingencies.--During fiscal year 2013, the President may use
up to $50,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(f) Democracy and Human Rights.--
(1) Funds appropriated by this Act that are made available
for democracy and human rights programs may be made available
notwithstanding any other provision of law, and with regard to
the National Endowment for Democracy, any regulation.
(2) For the purposes of funds appropriated by this Act, the
term ``democracy and human rights programs'' means programs
that support good governance, credible and competitive
elections, freedom of expression, association, assembly, and
religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the
development of democratic states, and institutions that are
responsive and accountable to citizens.
(3) With respect to the provision of assistance for
democracy, human rights and governance activities in this Act,
the organizations implementing such assistance, the specific
nature of that assistance, and participants in democracy and
human rights programs shall not be subject to the prior
approval by the government of any foreign country.
(4) Funds appropriated under the heading ``Economic Support
Fund'' shall be made available to the Bureau of Democracy,
Human Rights, and Labor (DRL), Department of State, for
programs to promote human rights by expanding open and
uncensored access to information and communication as
identified in the Department of State's Internet freedom
strategy: Provided, That funds made available by this
paragraph should be matched by sources other than the United
States Government, as appropriate: Provided further, That the
Secretary of State shall coordinate the development and uses of
circumvention and secure communications technologies with the
USAID Administrator and the Broadcasting Board of Governors, as
appropriate.
(5) Funds appropriated by this Act that are made available
to promote democracy and human rights shall also be made
available to support freedom of religion, especially in the
Middle East and North Africa.
(6) Funds made available by this Act for DRL's Business and
Human Rights program in the People's Republic of China shall be
made available on a cost-matching basis from sources other than
the United States Government.
(7) In order to avoid duplication of democracy and human
rights programs, DRL and the Bureau for Democracy, Conflict,
and Humanitarian Assistance, USAID, shall regularly communicate
their planned programs to the National Endowment for Democracy.
(8) Of the funds appropriated by this Act, not less than
$2,606,000,000 should be made available for democracy programs,
as defined in paragraph (2).
(9) Funds appropriated by this Act under the heading
``Democracy Fund'' that are made available to DRL shall be made
available to establish and maintain a database of prisons and
gulags in North Korea, including a list of political prisoners,
and such database shall be regularly updated and made publicly
available on the Internet.
(g) Protections and Remedies for Employees of Diplomatic Missions
and International Organizations.--The Secretary of State shall
implement section 203(a)(2) of the William Wilberforce Trafficking
Victims Protection Reauthorization Act of 2008 (Public Law 110-457):
Provided, That in determining whether to suspend the issuance of A-3 or
G-5 visas to applicants seeking to work for officials of a diplomatic
mission or international organization, the Secretary shall consider
whether a final court judgment has been issued against a current or
former employee of such mission or organization (and the time period
for a final appeal has expired) or whether the Department of State has
requested that immunity of individual diplomats or family members be
waived to permit criminal prosecution: Provided further, That the
Secretary should continue to assist in obtaining payment of final court
judgments awarded to A-3 and G-5 visa holders, including encouraging
the sending states to provide compensation directly to victims:
Provided further, That the Secretary shall include, in a manner the
Secretary deems appropriate, all trafficking cases involving A-3 or G-5
visa holders in the Trafficking in Persons annual report for which a
final civil judgment has been issued (and the time period for final
appeal has expired) or the Department of Justice has determined that
the United States Government would seek to indict the diplomat or a
family member but for diplomatic immunity.
(h) Modification of Amendment.--Section 620M of the Foreign
Assistance Act of 1961 (Limitation on Assistance to Security Forces) is
amended in subsection (d)(5) by inserting ``, equipment, or other types
of assistance'' after ``training''.
(i) Extension of Authorities.--
(1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting ``September
30, 2013'' for ``September 30, 2010''.
(2) The authority provided by section 301(a)(3) of the
Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22
U.S.C. 4831(a)(3)) shall remain in effect through September 30,
2013.
(3) The authority contained in section 1115(d) of Public
Law 111-32 shall remain in effect through September 30, 2013.
(4) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) shall be applied by substituting ``September
30, 2013'' for ``October 1, 2010'' in paragraph (2).
(5) Section 61(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733(a)) shall be applied by
substituting ``September 30, 2013'' for ``October 1, 2010'' in
paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance Act of 1961
(22 U.S.C. 2385(j)(1)) shall be applied by substituting
``September 30, 2013'' for ``October 1, 2010'' in subparagraph
(B).
(7) The authority provided by section 1113 of Public Law
111-32 shall remain in effect through September 30, 2013:
Provided, That none of the funds appropriated or otherwise made
available by this Act or any other Act making appropriations
for the Department of State, foreign operations, and related
programs may be used to implement phase 3 of such authority.
(8) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(A) In section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2012'' and inserting ``2012, and 2013''; and
(ii) in subsection (e), by striking
``October 1, 2012'' each place it appears and
inserting ``October 1, 2013''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2012'' and inserting
``2013''.
(9) Chapter 5 of title I of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11), as
amended, is amended in the item relating to ``Loan Guarantees
to Israel'', before ``: Provided,'' by striking ``2011'' and
inserting ``2015'', and in the second proviso, by striking
``2011'' and inserting ``2015''.
(10) The fifth proviso under the heading ``Economic Support
Fund'' in title III of division I of Public Law 112-74 is
amended by striking ``$30,000,000'' through ``division B'' and
inserting in lieu thereof ``$60,000,000 of the funds
appropriated under this heading in titles III and VIII in this
Act and in prior Acts making appropriations for the Department
of State, foreign operations, and related programs''.
(11) The authorities provided in section 1015(b) of Public
Law 111-212 shall remain in effect through September 30, 2013.
(j) Reports Amended.--The following provisions of law are amended
as follows:
(1) Section 258(b) of the Foreign Assistance Act of 1961 is
amended as follows:
(A) by striking paragraph (1) and paragraphs (6)
through (11); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(2) Section 102(b)(1) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by
striking ``September 1'' and inserting ``May 1''.
(k) Government Expenditures.--Funds appropriated under title III
and under the heading ``International Narcotics Control and Law
Enforcement'' in this Act shall not be made available for assistance
for any government for programs or activities in fiscal year 2013 if
such government has reduced its own expenditures for such programs or
activities as a result of assistance provided in prior fiscal years and
for reasons that are inconsistent with the purposes of such assistance.
(l) International Child Abductions.--(1) The Secretary of State
shall withhold funds appropriated by this Act for assistance for the
government of any country that is not taking appropriate steps to
comply with Federal or State court orders concerning child custody and
visitation or with the Convention on the Civil Aspects of International
Child Abductions, done at the Hague on October 25, 1980: Provided,
That the Secretary shall report to the Committees on Appropriations
within 15 days of withholding funds under this paragraph.
(2) The Secretary of State may waive the requirements in paragraph
(1) if the Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of the United
States.
(m) Limitations.--
(1)(A) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority if the Palestinians
obtain, after the date of enactment of this Act, the same
standing as member states or full membership as a state in the
United Nations or any specialized agency thereof outside an
agreement negotiated between Israel and the Palestinians.
(B) The Secretary of State may waive the restriction in
paragraph (A) if the Secretary certifies to the Committees on
Appropriations that to do so is in the national security
interests of the United States, and submits a report to such
Committees detailing how the waiver and the continuation of
assistance would assist in furthering Middle East peace.
(2)(A) The President may waive the provisions of section
1003 of Public Law 100-204 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 the Palestinians have not, after the date
of enactment of this Act, obtained in the United Nations or any
specialized agency thereof the same standing as member states
or full membership as a state outside an agreement negotiated
between Israel and the Palestinians.
(B) Not less than 90 days after the President is unable to
make the certification pursuant to paragraph (2)(A), the
President may waive section 1003 of Public Law 100-204 if the
President determines and certifies in writing to the Speaker of
the House of Representatives, the President Pro Tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-204 under
paragraph (2) or under previous provisions of law must expire
before the waiver under the preceding sentence may be
exercised.
(3) Any waiver pursuant to paragraphs (1) and (2) shall be
effective for no more than a period of 6 months at a time and
shall not apply beyond 12 months after enactment of this Act.
(4) Not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations detailing the impact and potential impact of
section 414 of Public Law 101-246 and section 410 of Public Law
103-236 on the national interests of the United States:
Provided, That such report shall also include information on
the amount of United States assistance prohibited from
obligation and disbursement to United Nations agencies as a
result of such provisions of law.
(n) Enterprise Funds.--Funds appropriated by this Act may be made
available to finance enterprise funds for Pakistan and countries in the
Middle East and North Africa: Provided, That section 201 of the
Support for East European Democracy (SEED) Act of 1989, excluding
subsections (b), (c), and (f), shall be deemed to apply to any such
fund or funds, and to funds made available to such fund or funds, in
order to enable such fund or funds to provide assistance for purposes
of this subsection: Provided further, That section 7077 of division F
of Public Law 111-117 shall apply to any such fund or funds established
pursuant to this subsection: Provided further, That not more than 10
percent of the funds made available pursuant to this subsection should
be available for administrative expenses annually of such fund or funds
and not later than 1 year after the date of enactment of this Act, and
annually thereafter until each fund is dissolved, each fund shall
submit to the Committees on Appropriations a report detailing the
administrative expenses of such fund: Provided further, That each fund
shall be governed by a Board of Directors comprised of a maximum of
nine and a minimum of six members, of whom not less than two-thirds
shall be United States citizens, who have had international business
careers and demonstrated expertise in international and emerging
markets investment activities: Provided further, That not later than 1
year after the entry into force of the initial grant agreement under
this section and annually thereafter, each fund shall prepare and make
publicly available on a Web site administered by the fund a detailed
report on the fund's activities during the previous year: Provided
further, That the authority of any such fund or funds to provide
assistance shall cease to be effective on December 31, 2023: Provided
further, That funds made available pursuant to this section shall be
subject to prior consultation with the Committees on Appropriations.
(o) Extension of Rewards.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``serious violations
of international humanitarian law,'' after ``international
narcotics trafficking,''; and
(2) by adding at the end the following new paragraph:
``(8) the arrest or conviction in any country, or the
transfer to or conviction by an international criminal tribunal
(including a hybrid or mixed tribunal), of any foreign national
accused of war crimes, crimes against humanity, or genocide, as
defined under the statute of such tribunal.''.
(p) Effectiveness of Humanitarian Assistance.--Funds appropriated
under the headings ``International Disaster Assistance'', ``Complex
Crises Fund'', and ``Migration and Refugee Assistance'' shall be made
available for the independent and systematic collection and reporting
of information obtained directly from beneficiaries of assistance
funded under such headings, regarding the quality and utility of such
assistance, for the purpose of maximizing the effectiveness of such
assistance: Provided, That not later than September 30, 2013, the
USAID Administrator and the Secretary of State, as appropriate, shall
submit a summary of such information to the Committees on
Appropriations.
(q) International Cooperative Administrative Support Services.--The
Secretary of State shall develop a process by which any agency
participating in the International Cooperative Administrative Support
Services (ICASS) program provide a cost analysis and justification for
the agency's decision to opt out, in whole or in part, of ICASS
services: Provided, That such process shall be developed in close
coordination with the ICASS Service Center and participating agencies
to ensure that the process is not overly burdensome: Provided further,
That the Secretary of State shall conduct a review of the ICASS
services provided by the Department of State to identify options for
cost savings and program efficiencies, including reevaluating the
number of American officials overseas needed to provide the ICASS
services and whether the creation of new non-State ICASS providers
(including USAID) will improve cost effectiveness at individual posts:
Provided further, That the Secretary shall submit a report to the
Committees on Appropriations not later than 90 days after enactment of
this Act, detailing the steps taken to implement this subsection.
(r) Security Sector Reform.--Funds appropriated by this Act for
security sector reform shall be implemented in a manner consistent with
the roles and responsibilities and guiding principles of the February
2009 ``Security Sector Reform'' paper prepared jointly by USAID, the
Department of Defense, and the Department of State.
(s) Waiver.--The Secretary of State may waive on a country-by-
country basis funding ceilings contained in titles I and II of this Act
for operations in Afghanistan, Pakistan, and Iraq in order to address
extraordinary, unanticipated contingencies, if the Secretary reports to
the Committees on Appropriations that it is important to the national
interest of the United States and that failure to do so would pose a
substantial risk to human health and welfare: Provided, That such
waiver shall identify the contingency that is being addressed, and
include a justification of how such waiver serves the national
interest.
(t) Prize Authority.--Funds appropriated by this Act that are
available for prizes in accordance with section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 may be made available for
prizes of not more than $100,000 and may be for foreign citizens and
foreign private entities notwithstanding section 24(g)(3) of such Act.
(u) Science and Technology.--Of the amounts made available by this
Act or any other Act under the heading ``Diplomatic and Consular
Programs'', up to $1,000,000 may be made available for grants pursuant
to section 504 of Public Law 95-426 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities.
(v) Energy Audits and Savings.--The Department of State, USAID,
Peace Corps, the Broadcasting Board of Governors, and other agencies
funded by this Act shall, in fiscal year 2013, conduct updated
environmental assessments and water and energy audits of their overseas
post operations, including staff housing, to assess consistency with
Federal energy efficiency standards and environmental practices, and
shall implement the recommendations of such assessments and audits to
correct any shortfalls in meeting the targets for Federal building
energy efficiency and environmental sustainability mandated by the
Energy Independence and Security Act, 2007, and Executive Order 13514.
(w) Office of Global Women's Issues.--The Secretary of State shall
establish an Office of Global Women's Issues, headed by a Coordinator
for Global Women's Issues who shall be designated by the Secretary of
State, who may also be appointed as an Ambassador-at-Large, and who
shall, to the extent the Secretary may direct, provide policy direction
and oversight over assistance programs for women and girls including
all programs and activities funded pursuant to section 7059(d) of this
Act, in consultation, as appropriate, with USAID's Senior Coordinator
for Gender Equality and Women's Empowerment.
(x) Limitation on Funding.--None of the funds appropriated or
otherwise made available by this Act may be obligated or expended to
advocate or agree to any provision of a United Nations Arms Trade
Treaty that would restrict in any way the rights of United States
citizens under the second amendment to the Constitution of the United
States, or that would otherwise regulate the domestic manufacture,
assembly, possession, use, transfer, or purchase of firearms,
ammunition, or related items in the United States.
(y) Hostile Acts Targeted Against the United States.--Not later
than 180 days after enactment of this Act, the Secretary of State, in
consultation with the heads of other Federal agencies, shall submit a
report to the Committees on Appropriations detailing existing
authorities and programs for compensation provided to civilian
employees under Chief of Mission authority (including foreign service,
civil service, and locally employed staff) who are killed during the
performance of their official duties overseas in a hostile act targeted
against the United States: Provided, That such report should include a
description of the number of such employees killed in such acts since
1979, and the compensation provided and the authority used to provide
such compensation: Provided further, That such report shall include a
determination of the extent to which additional compensation to such
employees is warranted commensurate with compensation provided to other
Federal employees, including members of the Armed Forces, killed during
the performance of their official duties overseas in such acts:
Provided further, That in preparing such report, the Secretary shall
consult with the Committees on Appropriations and representatives of
victims of terrorist attacks, and shall consider previous United States
Government programs and authorities to compensate victims of terrorist
attacks.
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; and
(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 acknowledgment 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 the
President 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 for 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: Provided further, That 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 2013, 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: Provided, That
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 the Secretary 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 Acts,
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 USAID Administrator 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 Inspector General of USAID for
audits, inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That 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 2013 under the heading
``Economic Support Fund'', and such 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:
Provided, That 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 to Hamas and the Palestine Liberation
Organization.--
(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, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly 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.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestine Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
near east and north africa
Sec. 7041. (a) Bahrain.--
(1) Of the funds appropriated by this Act under the heading
``Middle East and North Africa Incentive Fund'', not less than
$5,000,000 shall be made available for programs and activities
to promote reconciliation in Bahrain: Provided, That
notwithstanding section 660 of the Foreign Assistance Act of
1961, a portion of such funds may also be used for programs to
strengthen oversight and professionalism of the police forces
of Bahrain.
(2) None of the funds appropriated by this Act may be made
available for tear gas, armored vehicles, small arms, light
weapons, ammunition, or other items for crowd control purposes,
for the police or military forces of Bahrain, unless the
Secretary of State certifies to the Committees on
Appropriations that the Government of Bahrain--
(A) has released persons convicted or charged with
offenses involving peaceful expression, as well as
those convicted on the basis of evidence that the
defendant could not challenge or that was obtained as a
result of torture;
(B) is protecting freedom of expression,
association, and assembly; the right of political
opposition parties, civil society organizations, and
journalists to operate without harassment or
interference; and due process of law; and
(C) is investigating and prosecuting Bahraini
officials credibly alleged to have been involved in
violations of human rights, including torture.
(b) Egypt.--
(1) None of the funds appropriated under titles III and IV
of this Act and in prior Acts making appropriations for the
Department of State, foreign operations, and related programs
may be made available for assistance for the Government of
Egypt unless the Secretary of State certifies to the Committees
on Appropriations that such government is meeting its
obligations under the 1979 Egypt-Israel Peace Treaty.
(2) The President shall submit to the Committees on
Appropriations, concurrent with the fiscal year 2014 budget
request, a comprehensive review of United States assistance for
Egypt, including the strategic purposes and mechanisms for
disbursing such assistance, and specific programs to be
conducted in furtherance of security sector and other reforms.
(3) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for Egypt
shall be made available for border security programs in the
Sinai, and for purposes related to peacekeeping and disaster
response: Provided, That a portion of such funds estimated to
be outlayed during fiscal year 2013 may, following consultation
with the Committees on Appropriations, be transferred to an
interest bearing account for Egypt in the Federal Reserve Bank
of New York: Provided further, That funds appropriated by this
Act under the heading ``Economic Support Fund'' shall be made
available to promote security sector reform in Egypt, in
accordance with section 7034(r) of this Act.
(4) Prior to the initial obligation of funds appropriated
by this Act for assistance for Egypt under the heading
``Foreign Military Financing Program'', the Secretary of State
shall certify to the Committees on Appropriations that the
Government of Egypt is a democratically elected civilian
government that is implementing policies to--
(A) provide civilian control over, and public
disclosure of, the military and police budgets;
(B) fully repeal the Emergency Law; and
(C) protect judicial independence; freedom of
expression, association, assembly, and religion; the
right of political opposition parties, civil society
organizations, and journalists to operate without
harassment or interference; and due process of law.
(5) The Secretary of State, after consultation with the
Committees on Appropriations, may waive the requirements of
paragraphs (1) and (4) if the Secretary determines and reports
to the Committees on Appropriations that to do so is important
to the national security interest of the United States:
Provided, That such determination and report shall include a
detailed justification for such waiver.
(6) The authorities, purposes, and requirements in section
7041(a)(3) of division I of Public Law 112-74 shall continue in
effect during fiscal year 2013: Provided, That funds
appropriated by this Act under the headings ``Economic Support
Fund'' and ``Middle East and North Africa Incentive Fund'' may
be made available for such initiative.
(7) Funds appropriated by this Act under the heading
``Economic Support Fund'' and made available for assistance for
the Government of Egypt shall be reduced by an amount equal to
the amount that the Secretary of State determines and reports
to the Committees on Appropriations was posted as bail in
February 2012 for members of United States nongovernmental
organizations.
(c) Iran.--
(1) It is the policy of the United States to seek to
prevent Iran from achieving the capability to produce or
otherwise manufacture nuclear weapons, including by supporting
international diplomatic efforts to halt Iran's uranium
enrichment program, and the President should fully implement
and enforce the Iran Sanctions Act of 1996, as amended (Public
Law 104-172) as a means of encouraging foreign governments to
require state-owned and private entities to cease all
investment in, and support of, Iran's energy sector and all
exports of refined petroleum products to Iran.
(2) None of the funds appropriated or otherwise made
available in this Act under the heading ``Export-Import Bank of
the United States'' may be used by the Export-Import Bank of
the United States to provide any new financing (including
loans, guarantees, other credits, insurance, and reinsurance)
to any person or entity that is subject to sanctions under
paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act
of 1996 (Public Law 104-172).
(3) The reporting requirements in section 7043(c) in
division F of Public Law 111-117 shall continue in effect
during fiscal year 2013 as if part of this Act: Provided, That
the date in subsection (c)(1) shall be deemed to be ``September
30, 2013''.
(d) Iraq.--
(1) Of the funds appropriated under titles III, IV, and
VIII of this Act, not more than $582,347,000 may be made
available for assistance for Iraq, including not more than
$100,000,000 from funds appropriated under the heading
``Economic Support Fund'' and not more than $450,000,000 from
funds appropriated under the heading ``Foreign Military
Financing Program''.
(2) Funds appropriated by this Act for assistance for the
Government of Iraq should be made available only if the
Secretary of State certifies to the Committees on
Appropriations that such government is supporting free and fair
elections and implementing policies to--
(A) publicly disclose the national budget,
including for the military and police; and
(B) protect judicial independence; freedom of
expression, association, assembly, and religion; the
right of political opposition parties, civil society
organizations, women activists, and journalists to
operate without harassment or interference; and due
process of law.
(3) Funds appropriated or otherwise made available by this
Act for assistance for Iraq shall be made available in
accordance with the cost-matching and other requirements in the
Department of State's April 9, 2009 ``Guidelines for Government
of Iraq Financial Participation in United States Government-
Funded Civilian Foreign Assistance Programs and Projects'':
Provided, That the Secretaries of State and the Treasury shall
work with Iraq's Ministry of Finance to complete the review
required by the International Monetary Fund of Iraq's
outstanding advances.
(4) Funds appropriated by this Act under titles III and VI
for assistance for Iraq may be made available notwithstanding
any other provision of law, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, as amended
by this Act.
(e) Lebanon.--
(1) None of the funds appropriated by this Act may be made
available for the Lebanese Armed Forces (LAF) if the LAF is
controlled by a foreign terrorist organization, as defined by
section 219 of the Immigration and Nationality Act.
(2) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Lebanon may be made available only to professionalize the LAF
and to strengthen border security and combat terrorism,
including training and equipping the LAF to secure Lebanon's
borders, interdicting arms shipments, preventing the use of
Lebanon as a safe haven for terrorist groups, and to implement
United Nations Security Council Resolution 1701: Provided,
That funds may not be made available for obligation for
assistance for the LAF until the Secretary of State submits a
detailed spend plan to the Committees on Appropriations, except
such plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961, and shall be
submitted not later than September 1, 2013: Provided further,
That not later than 90 days after enactment of this Act, the
Secretary of State shall consult with the Committees on
Appropriations on the activities of the LAF, assistance
provided to the LAF by the United States, and actions taken to
ensure that such assistance is used for intended purposes.
(3) Funds appropriated by this Act under titles III and VI
for assistance for Lebanon may be made available
notwithstanding any other provision of law, except for this
subsection and section 620M of the Foreign Assistance Act of
1961, as amended by this Act.
(f) Libya.--Funds appropriated by this Act for activities to
promote democracy, transparent and accountable governance, human
rights, transitional justice, and the rule of law in Libya shall be
made available, to the maximum extent practicable, on a cost matching
basis: Provided, That none of the funds appropriated by this Act may
be made available for assistance for Libya for infrastructure projects,
except on a loan basis with terms favorable to the United States, and
only following consultation with the Committees on Appropriations.
(g) Morocco.--Prior to the obligation of funds appropriated by this
Act under the heading ``Foreign Military Financing Program'' for
assistance for Morocco, the Secretary of State shall submit a report to
the Committees on Appropriations on steps taken during the previous 12
months by the Government of Morocco to--
(1) protect freedom of expression, association, and
assembly regarding the status and future of the Western Sahara,
and due process of law;
(2) release prisoners of conscience;
(3) support a human rights monitoring and reporting role
for the United Nations Mission in Western Sahara in cooperation
with the Office of the United Nations High Commissioner for
Human Rights; and
(4) provide unimpeded access to human rights organizations,
journalists, and representatives of foreign governments to the
Western Sahara.
(h) Syria.--
(1) Funds appropriated by this Act shall be made available
for activities to support civil society organizations that
support democratic principles in Syria, including
communications equipment and technical training: Provided,
That such activities shall be considered democracy and human
rights programs in accordance with section 7034(f) of this Act:
Provided further, That not later than 90 days after enactment
of this Act and every 90 days thereafter until September 30,
2013, the Secretary of State shall submit a report to the
Committees on Appropriations describing the activities
conducted in support of such organizations, and the equipment
and technical training provided: Provided further, That such
technical training shall include instruction on democratic
governance and respect for human rights.
(2) Funds appropriated by this Act shall be made available
for humanitarian relief for civilian victims of political
violence in Syria.
(i) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $39,100,000 shall be made available for
assistance for Tunisia.
(j) Yemen.--Of the funds appropriated under titles III and IV of
this Act, not less than $77,000,000 may be made available for
assistance for Yemen: Provided, That not later than 60 days after
enactment of this Act and prior to the initial obligation of such
funds, the Secretary of State, in consultation with the heads of
relevant Federal agencies and the Government of Yemen, shall submit a
counterinsurgency strategy to the Committees on Appropriations:
Provided further, That none of the funds appropriated by this Act may
be made available for the Armed Forces of Yemen if such forces are
controlled by a foreign terrorist organization, designated pursuant to
section 219 of the Immigration and Nationality Act.
serbia
Sec. 7042. (a) Funds appropriated by this Act may be made available
for assistance for the central Government of Serbia after May 31, 2013,
if the Secretary of State has made the determination required in
subsection (c).
(b) After May 31, 2013, the Secretary of the Treasury shall
instruct the United States executive directors of the international
financial institutions to support loans and assistance to the
Government of Serbia subject to the requirement in subsection (c).
(c) The determination referred to in subsection (a) is a
determination made by the Secretary of State and reported in writing to
the Committees on Appropriations that the Government of Serbia is
cooperating with the International Criminal Tribunal for the former
Yugoslavia.
(d) This section shall not apply to humanitarian assistance or
assistance to promote democracy.
africa
(including transfer of funds)
Sec. 7043. (a) Central Africa.--Of the funds appropriated under the
heading ``Economic Support Fund'', up to $10,000,000 shall be made
available for programs and activities in areas affected by the Lord's
Resistance Army (LRA) consistent with the goals of the Lord's
Resistance Army Disarmament and Northern Uganda Recovery Act (Public
Law 111-172), including to improve physical access, telecommunications
infrastructure, and early-warning mechanisms and to support the
disarmament, demobilization, and reintegration of former LRA
combatants, especially child soldiers.
(b) Conflict Minerals.--
(1) Funds appropriated by this Act should be made available
for programs in the Democratic Republic of the Congo to
implement the Organization for Economic Cooperation and
Development's due diligence guidance for mining in conflict
areas.
(2) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Rwanda or Uganda unless the Secretary of
State has credible information that the Government of Rwanda or
the Government of Uganda is providing political, military or
financial support to armed groups in the Democratic Republic of
the Congo (DRC) that are involved in the illegal exportation of
minerals out of the DRC or have violated human rights.
(3) The restriction in paragraph (2) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals out of the DRC by such groups, to
protect humanitarian relief efforts, or to support the training
and deployment of members of the Rwandan or Ugandan militaries
in international peacekeeping operations or to conduct
operations against the Lord's Resistance Army.
(c) Counterterrorism Programs.--
(1) Of the funds appropriated by this Act, not less than
$55,000,000 should be made available for the Trans-Sahara
Counter-terrorism Partnership program, and not less than
$25,000,000 should be made available for the Partnership for
Regional East Africa Counterterrorism program.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'', $10,000,000 shall be made available
for programs to counter extremism in East Africa, in addition
to such sums that may otherwise be made available for such
purposes.
(d) Crisis Response.--Notwithstanding any other provision of law,
up to $25,000,000 of the funds appropriated by this Act under the
heading ``Global Health Programs'' for HIV/AIDS activities may be
transferred to, and merged with, funds appropriated under the headings
``Economic Support Fund'' and ``Transition Initiatives'' to respond to
unanticipated crises in Africa, except that funds shall not be
transferred unless the Secretary of State certifies to the Committees
on Appropriations that no individual currently on anti-retroviral
therapy supported by such funds shall be negatively impacted by the
transfer of such funds: Provided, That the authority of this
subsection shall be subject to prior consultation with the Committees
on Appropriations.
(e) Expanded International Military Education and Training.--
(1) Funds appropriated under the heading ``International
Military Education and Training'' (IMET) in this Act that are
made available for assistance for Angola, Cameroon, Central
African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may
be made available only for training related to international
peacekeeping operations and expanded IMET: Provided, That the
limitation included in this paragraph shall not apply to
courses that support training in maritime security for Angola
and Cameroon.
(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 or
Somalia.
(f) Ethiopia.--
(1) Funds appropriated by this Act that are available for
assistance for Ethiopian military and police forces shall not
be made available unless the Secretary of State--
(A) certifies to the Committees on Appropriations
that the Government of Ethiopia is implementing
policies to--
(i) publicly disclose the military and
police budgets;
(ii) protect judicial independence; freedom
of expression, association, assembly, and
religion; the right of political opposition
parties, civil society organizations, and
journalists to operate without harassment or
interference; and due process of law; and
(iii) permit access to human rights and
humanitarian organizations to the Somali region
of Ethiopia; and
(B) submits a report to the Committees on
Appropriations on the types and amounts of United
States training and equipment proposed to be provided
to the Ethiopian military and police including steps
that will be taken to ensure that such assistance is
not provided to military or police units or personnel
that have violated human rights, and steps taken by the
Government of Ethiopia to investigate and prosecute
members of the Ethiopian military and police who have
been credibly alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not apply to
assistance to Ethiopian military efforts in support of
international peacekeeping operations, border security, and for
assistance to the Ethiopian Defense Command and Staff College.
(g) Piracy.--Not later than 180 days after enactment of this Act,
and following consultation with other relevant Federal agencies, the
Secretary of State shall submit to the Committees on Appropriations a
diplomacy and development counter-piracy strategy for the Horn of
Africa region, including an assessment of the potential effectiveness
of economic and security assistance for vulnerable Somali and Kenyan
communities in providing gainful alternatives to piracy and encouraging
collective action within such communities against groups and
individuals involved in piracy.
(h) South Africa.--Not later than 180 days after enactment of this
Act, and following consultation with the Government of South Africa,
the Secretary of State shall submit a transition strategy to the
Committees on Appropriations for the President's Emergency Program for
AIDS Relief in South Africa, including projected trajectories for
levels and types of United States assistance.
(i) Sudan.--
(1) 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.
(2) Notwithstanding the restriction in paragraph (1), up to
$250,000,000 of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be transferred to,
and merged with, funds available under the heading ``Department
of Treasury, Debt Restructuring'' in title III of prior acts
making appropriations for the Department of State, foreign
operations, and related programs 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 the cost of selling, reducing, or canceling
amounts owed to the United States as a result of concessional
loans made to Sudan: Provided, That such funds may be made
available only if the Secretary of State determines and reports
to the Committees on Appropriations that Sudan is implementing
the agreement reached by the Governments of Sudan and South
Sudan under the Comprehensive Peace Agreement, including a
political resolution of the conflict in Southern Kordofan and
Blue Nile, and other legislative requirements related to
Heavily Indebted Poor Countries debt relief, including
determinations on human rights and state sponsorship of
terrorism.
(3) The limitations of paragraphs (1) and (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance for the Darfur region, Southern
Kordofan, Blue Nile, other marginalized areas and
populations in Sudan, and Abyei; and
(C) assistance to support implementation of the
Comprehensive Peace Agreement (CPA), mutual
arrangements related to post-referendum issues
associated with the CPA, or to promote peace and
stability between Sudan and South Sudan, or any other
internationally recognized viable peace agreement in
Sudan.
(j) South Sudan.--
(1) Funds appropriated by this Act should be made available
for assistance for South Sudan, including to increase
agricultural productivity, prevent and respond to gender-based
violence, promote women's leadership, expand educational
opportunities especially for girls, strengthen democratic
institutions and the rule of law, and enhance the capacity of
the Federal Legislative Assembly to conduct oversight over
government processes, revenues, and expenditures.
(2) Not less than 15 days prior to the obligation of funds
appropriated by this Act that are available for assistance for
the Government of South Sudan, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
the extent to which the Government of South Sudan is--
(A) supporting freedom of expression and
association, the establishment of democratic
institutions including an independent judiciary,
parliament, and security forces that are accountable to
civilian authority; and
(B) investigating and punishing members of security
forces who have violated human rights.
(3) The Secretary of State shall seek to obtain regular
audits of the financial accounts of the Government of South
Sudan to ensure transparency and accountability of funds,
including revenues from the extraction of oil and gas, and the
timely, public disclosure of such audits: Provided, That the
Secretary should assist the Government of South Sudan in
conducting such audits, and provide technical assistance to
enhance the capacity of the National Auditor Chamber to carry
out its responsibilities, and shall submit a report not later
than 90 days after enactment of this Act to the Committees on
Appropriations detailing the steps that will be taken by the
Government of South Sudan, which are additional to those taken
in the previous fiscal year, to improve resource management and
ensure transparency and accountability of funds.
(k) 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 may be made available
for assistance for the central government of a country in which
individuals indicted by the ICTR and the 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 the ICTR and the SCSL, including
the apprehension, surrender, and transfer of indictees in a
timely manner: Provided, That this paragraph shall not apply
to assistance provided under section 551 of the Foreign
Assistance Act of 1961 or to 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 the ICTR and the SCSL to bring to justice
individuals indicted by such tribunals in a timely manner.
(3) The prohibition in paragraph (2) may be waived on a
country-by-country basis if the Secretary of State determines
that doing so is in the national security interest of the
United States: Provided, That prior to exercising such waiver
authority, the Secretary 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 apprehending and surrendering the
indictee 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.
(l) Zimbabwe.--
(1) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to vote against any extension by the respective
institution of any loans or grants 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.
(2) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, except for health, education, and macroeconomic
growth assistance, unless the Secretary of State makes the
determination required in paragraph (1).
east asia and the pacific
Sec. 7044. (a) Assistance.--
(1) Not later than 180 days after enactment of this Act,
the Secretary of State, in consultation with the heads of other
relevant Federal agencies, shall submit to the Committees on
Appropriations a multi-year strategy for the advancement of
United States interests in the East Asia and Pacific region, to
include a description of the process for coordinating
assistance and policy between the Department of State and such
other agencies.
(2) Funds appropriated by this Act under the heading
``Economic Support Fund'' may be made available, following
consultation with the Committees on Appropriations, for East
Asia and Pacific regional programs that include countries or
governments otherwise ineligible for United States assistance,
notwithstanding any other provision of law.
(b) Burma.--Funds appropriated by this Act under the heading
``Economic Support Fund'' may be made available for Burma
notwithstanding any other provision of law, except that no funds shall
be made available to any successor or affiliated organization of the
State Peace and Development Council (SPDC) controlled by former SPDC
members that promote the repressive policies of the SPDC: Provided,
That such funds shall be made available for programs along Burma's
border and for Burmese groups and organizations located outside of
Burma, and may be available to support programs in Burma: Provided
further, That in addition to assistance for Burmese refugees from funds
appropriated by this Act under the heading ``Migration and Refugee
Assistance'', funds 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 appropriated by this Act for
assistance for Burma shall be provided, to the maximum extent
practicable, through credible, indigenous nongovernmental
organizations, and shall be used to build the capacity of such
organizations: Provided further, That funds appropriated by this Act
for assistance for Burma should be matched, to the maximum extent
practicable, by the Government of Burma and/or other international
donors: Provided further, That any new program or activity in Burma
funded by this Act shall be subject to prior consultation with the
Committees on Appropriations, and all such funds shall be subject to
the regular notification procedures of the Committees on
Appropriations.
(c) Cambodia.--
(1) None of the funds appropriated by this Act may be may
available for a United States contribution to a Khmer Rouge
Tribunal--
(A) if the Secretary of State certifies to the
Committees on Appropriations that the Prime Minister of
Cambodia is directly or indirectly interfering with the
operations and deliberations of such Tribunal; and
(B) unless the United Nations and the Government of
Cambodia are taking credible steps to address
allegations of corruption and mismanagement within such
Tribunal.
(2) Funds appropriated by this Act under the headings
``International Military Education and Training'' and ``Foreign
Military Financing Program'' that are made available for
assistance for Cambodia shall be made available to promote
human rights within the Royal Cambodian Armed Forces:
Provided, That not less than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing specific programs
conducted to promote human rights.
(d) Indonesia.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are available for
assistance for Indonesia, $2,000,000 may not be obligated until the
Secretary of State submits to the Committees on Appropriations the
report on Indonesia required under such heading in the report
accompanying this Act.
(e) North Korea.--
(1) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of this
Act, not less than $8,960,000 shall made available for
broadcasts into North Korea.
(2) Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' shall be made available
for assistance for refugees from North Korea, including for
protection activities in the People's Republic of China.
(f) People's Republic of China.--
(1) 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.
(2) 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.
(3) Notwithstanding any other provision of law, of the
funds appropriated under the heading ``Economic Support Fund'',
not less than $15,000,000 shall be made available to United
States institutions of higher education and nongovernmental
organizations for programs and activities in the People's
Republic of China relating to democracy, governance, rule of
law, labor rights, and the environment.
(4) Funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' shall
be made available for assistance for economic and trade
development, transparency, good governance, and human rights in
the Africa, Asia, and South America regions in countries in
which the People's Republic of China provides substantial
assistance to the central government of such country, subject
to the regular notification procedures of the Committees on
Appropriations: Provided, That funds made available pursuant
to this paragraph may be transferred to, and merged with, funds
made available under the heading ``Millennium Challenge
Corporation'', and shall be matched, to the maximum extent
practicable, from sources other than the Government of the
United States.
(g) Philippines.--Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' that are available for
assistance for the Philippines, $3,000,000 may not be obligated until
the Secretary of State submits to the Committees on Appropriations the
report on the Philippines required under such heading in the report
accompanying this Act.
(h) Tibet.--
(1) The Secretary of the Treasury should instruct the
United States executive director of 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, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall 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.
(i) Vietnam.--Of the funds appropriated under the heading
``Economic Support Fund'', not less than $20,000,000 shall be made
available for remediation of dioxin contaminated sites in Vietnam and
may be made available for assistance for the Government of Vietnam,
including the military, for such purposes, and not less than $5,000,000
of the funds appropriated under the heading ``Global Health Programs''
shall be made available for health/disability activities in areas
sprayed or otherwise contaminated with dioxin.
western hemisphere
Sec. 7045. (a) Colombia.--
(1) Funds appropriated by this Act and made available to
the Department of State for assistance for the Government of
Colombia may be used to support a unified campaign against
narcotics trafficking, organizations designated as Foreign
Terrorist Organizations, and other criminal or illegal armed
groups; for disarmament, demobilization, and reintegration of
former combatants; and to take actions to protect human health
and welfare in emergency circumstances, including undertaking
rescue operations: Provided, 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
``International Narcotics Control and Law Enforcement'' 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:
Provided further, That such aircraft may also be used to
provide transport in support of alternative development
programs and investigations by civilian judicial authorities:
Provided further, That funds appropriated by this Act for the
Colombian national police may not be used for the aerial
spraying of toxic chemicals unless the Secretary of State,
after consultation with the Administrator of the Environmental
Protection Agency and the Secretary of the Department of Health
and Human Services, certifies to the Committees on
Appropriations that the chemicals, in the manner they are being
sprayed, do not pose unreasonable risks or adverse effects to
humans, including pregnant women and children, or the
environment, including endemic species: Provided further, That
any complaints of harm to health or licit crops caused by such
aerial spraying shall be thoroughly investigated and evaluated,
and fair compensation paid in a timely manner for meritorious
claims: Provided further, That the Secretary of State shall
submit a report to the Committees on Appropriations not later
than 6 months after enactment of this Act and 6 months
thereafter, detailing the complaints made during the previous 6
months, the investigations conducted, and the amount of
compensation, if any: Provided further, That none of the funds
appropriated by this Act or prior Acts making appropriations
for the Department of State, foreign operations, and related
programs may be made available for assistance for successor
organizations to the Colombian Departamento Administrativo de
Seguridad: Provided further, That none of the funds
appropriated by this Act shall be made available for the
cultivation or processing of African oil palm.
(2) Colombian armed forces.--Of the funds appropriated by
this Act that are available for assistance for the Colombian
Armed Forces, 25 percent may be obligated only if the Secretary
of State consults with, and subsequently certifies and submits
a report to, the Committees on Appropriations that the
Government of Colombia and Colombian Armed Forces are meeting
the conditions that appear under this section in the report
accompanying this Act: Provided, That the requirement to
withhold funds from obligation shall not apply with respect to
funds made available under the heading ``International
Narcotics Control and Law Enforcement'' 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: Provided further, That not
less than 30 days prior to making the certification the
Secretary of State shall consult with Colombian and
international human rights organizations.
(3) Illegal armed groups.--
(A) Denial of visas.--Subject to subparagraph (B),
the Secretary of State shall not issue a visa to any
alien about whom the Secretary has credible
information--
(i) 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 other illegal
armed groups, including taking actions or
failing to take actions which allow,
facilitate, or otherwise foster the activities
of such groups; or
(ii) has committed, ordered, incited,
assisted, or otherwise participated in the
commission of a violation of human rights in
Colombia.
(B) Waiver.--Subparagraph (A) 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.
(b) Guatemala.--Funds appropriated by this Act under the headings
``International Military Education and Training'' (IMET) and ``Foreign
Military Financing Program'' that are available for assistance for
Guatemala may be made available only for the Guatemalan Air Force,
Navy, and Army Corps of Engineers: Provided, That expanded IMET may be
made available for assistance for the Guatemalan Army.
(c) Haiti.--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.
(d) Honduras.--(1) Of the funds appropriated by this Act that are
available for assistance for Honduran military and police forces, 25
percent may be obligated only if the Secretary of State reports in
writing to the Committees on Appropriations that the Government of
Honduras and Honduran military and police forces are meeting the
conditions that appear under this section in the report accompanying
this Act.
(2) The restriction in paragraph (1) shall not apply to assistance
to promote transparency, anti-corruption, and the rule of law within
the military and police forces.
(e) Mexico.--(1) Of the funds appropriated by this Act that are
available for assistance for Mexican military and police forces, 15
percent may be obligated only if the Secretary of State reports in
writing to the Committees on Appropriations that the Government of
Mexico and Mexican military and police forces are meeting the
conditions that appear under this section in the report accompanying
this Act.
(2) The restriction in paragraph (1) shall not apply to assistance
to promote transparency, anti-corruption, and the rule of law within
the military and police forces.
(f) Trade Capacity.--Of the funds appropriated by this Act, not
less than $12,000,000 under the heading ``Development Assistance'' and
not less than $12,000,000 under the heading ``Economic Support Fund''
shall be made available for labor and environmental capacity building
activities relating to free trade agreements with countries of Central
America, Peru, the Dominican Republic, Colombia, and Mexico.
(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.
south and central asia
Sec. 7046. (a) Afghanistan.--
(1) Limitation.--Of the funds appropriated under titles
III, IV, and VIII of this Act, not more than $1,580,750,000 may
be made available for assistance for Afghanistan, including not
more than $1,075,000,000 from funds appropriated under the
heading ``Economic Support Fund'' and not more than
$450,000,000 from funds appropriated under the heading
``International Narcotics Control and Law Enforcement''.
(2) Certification.--None of the funds appropriated or
otherwise made available by this Act under the headings
``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'' may be obligated for assistance for the
Government of Afghanistan until the Secretary of State, in
consultation with the USAID Administrator, certifies to the
Committees on Appropriations that--
(A) Funds will be used for programs and activities
that can be sustained by the Government of Afghanistan.
(B) The Government of Afghanistan is--
(i) reducing corruption and improving
governance, including by investigating,
prosecuting, sanctioning, or removing corrupt
officials from office and implementing
financial transparency and accountability
measures for government institutions and
officials (including the Central Bank) as well
as conducting oversight of public resources;
(ii) implementing policies to protect due
process of law;
(iii) taking credible and consistent steps
to protect the human rights of Afghan women;
(iv) taking significant steps to facilitate
active public participation in governance and
oversight; and
(v) publishing mining contracts and
associated project documents.
(C) Funds will be used to support and strengthen
the capacity of Afghan public and private institutions
and entities to reduce corruption and to improve
transparency and accountability of national,
provincial, and local governments, and such governments
are actively supporting such efforts.
(D) Representatives of Afghan national, provincial,
or local governments, and local communities and civil
society organizations, including women's organizations,
will be consulted and participate in the design of
programs, projects, and activities, including
participation in implementation and oversight, and the
development of specific benchmarks to measure progress
and outcomes.
(3) Assistance.--
(A) Funds appropriated or otherwise made available
by this Act for assistance for Afghanistan may be made
available as a United States contribution to the
Afghanistan Reconstruction Trust Fund (ARTF) unless the
Secretary of State determines and reports to the
Committees on Appropriations that the World Bank
Monitoring Agent of the ARTF is unable to conduct its
financial control and audit responsibilities.
(B) Funds appropriated under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' in this Act that are
available for assistance for Afghanistan--
(i) shall be made available in a manner
that emphasizes the equitable participation of
Afghan women, prevents and responds to gender-
based violence, and directly improves the
security, economic and social well-being, and
political status, and protects the rights of,
Afghan women, girls, and boys and complies with
section 7059 of this Act, including support for
the Afghan Independent Human Rights Commission,
the Afghan Ministry of Women's Affairs, and
women-led organizations; and
(ii) may be made available for a United
States contribution to an internationally
managed fund to support the reconciliation with
and disarmament, demobilization, and
reintegration into Afghan society of former
combatants who have renounced violence against
the Government of Afghanistan: Provided, That
funds may be made available to support
reconciliation and reintegration activities
only if:
(I) Afghan women are participating
at national, provincial, and local
levels of government in the design,
policy formulation, and implementation
of the reconciliation or reintegration
process, and such process protects the
rights of Afghan women; and
(II) such funds will not be used to
support any pardon or immunity from
prosecution, or any position in the
Government of Afghanistan or security
forces, for any leader of an armed
group responsible for crimes against
humanity, war crimes, or acts of
terrorism.
(C) The authority contained in section 1102(c) of
Public Law 111-32 shall continue in effect during
fiscal year 2013 and shall apply as if part of this
Act.
(D)(i) Of the funds appropriated by this Act that
are made available for assistance for Afghanistan, not
less than $75,000,000 shall be made available for rule
of law programs: Provided, That decisions on the uses
of such funds shall be the responsibility of the
Coordinator for Rule of Law (the Coordinator), in
consultation with the Interagency Planning and
Implementation Team, at the United States Embassy in
Kabul, Afghanistan.
(ii) The Coordinator shall be consulted on the use
of all funds appropriated by this Act for rule of law
programs in Afghanistan.
(E) Funds appropriated by this Act or any other Act
that are available for the construction of any water,
energy, transportation, or other infrastructure
assistance project in Afghanistan that is estimated to
cost more than $15,000,000 and requires the concurrence
of, or is developed jointly with, the Secretary of
State or the USAID Administrator, should not receive
such concurrence unless the Secretary or the
Administrator, as appropriate, first reports in writing
to the Committees on Appropriations--
(i) that the project is based on best
development practices including lessons learned
from recent audits of similar projects;
(ii) that the Government of Afghanistan has
a credible plan to sustain the project; and
(iii) the contingency plan to mitigate the
risk of sustainment failure.
(F) None of the funds made available by this Act
shall be used to support or continue any program or
activity initially funded under the authority of the
Task Force for Business and Stability Operations,
unless the Secretary of State, in consultation with the
USAID Administrator and the Secretary of Defense, has
provided a detailed justification for such program or
activity to the Committees on Appropriations,
including--
(i) an explanation of why the Department of
Defense is no longer funding such program or
activity;
(ii) steps by the Government of Afghanistan
to include funding for such program or activity
in its national budget;
(iii) benchmarks to measure the impact of
such program or activity; and
(iv) a description of management controls
in place to ensure funds are used for intended
purposes.
(G) None of the funds appropriated or otherwise
made available by 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 Afghanistan.
(H) Any significant modification to the scope,
objectives, or implementation mechanisms of United
States assistance programs in Afghanistan shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations, except that the prior consultation
requirement may be waived in a manner consistent with
section 7015(e) of this Act.
(I) 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.
(J) Funds appropriated under titles III and IV of
this Act for assistance for Afghanistan shall be
matched, to the maximum extent practicable, from
sources other than the Government of the United States.
(4) Reports.--
(A) The spend plan required by section 7076 of this
Act for assistance for Afghanistan shall include
achievable and sustainable goals, benchmarks for
measuring progress, and expected results regarding
furthering development in Afghanistan and establishing
conditions conducive to the rule of law and transparent
and accountable governance: Provided, That not later
than 6 months after submission of such spend plan, and
each 6 months thereafter until September 30, 2014, the
Secretary of State shall submit a report to the
Committees on Appropriations on the status of achieving
the goals and benchmarks in such plan.
(B) The Secretary of State should suspend
assistance for the Government of Afghanistan if any
report required by paragraph (A) indicates that
Afghanistan is failing to make measurable progress in
meeting such goals or benchmarks.
(5) Oversight.--The Special Inspector General for
Afghanistan Reconstruction and the Inspectors General of the
Department of State and USAID, shall jointly develop and submit
to the Committees on Appropriations within 45 days of enactment
of this Act a coordinated audit and inspection plan of United
States assistance for, and civilian operations in, Afghanistan.
(b) Nepal.--
(1) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Nepal only if the Secretary of State
certifies to the Committees on Appropriations that the Nepal
Army is--
(A) cooperating fully with investigations and
prosecutions of violations of human rights by civilian
judicial authorities; and
(B) working constructively to redefine the Nepal
Army's mission and adjust its size accordingly,
implement reforms including strengthening the capacity
of the civilian ministry of defense to improve budget
transparency and accountability, and facilitate the
integration of former rebel combatants into the
security forces including the Nepal Army, consistent
with the goals of reconciliation, peace and stability.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction
activities in Nepal.
(c) Pakistan.--
(1) Certification.--
(A) None of the funds appropriated or otherwise
made available by this Act under the headings
``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', ``Foreign Military
Financing Program'', and ``Pakistan Counterinsurgency
Capability Fund'' for assistance for the Government of
Pakistan may be made available unless the Secretary of
State certifies to the Committees on Appropriations
that the Government of Pakistan is--
(i) cooperating with the United States in
counterterrorism efforts against the Haqqani
Network, the Quetta Shura Taliban, Lashkar e-
Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations,
including taking steps to end support for such
groups and prevent them from basing and
operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(ii) not supporting terrorist activities
against United States or coalition forces in
Afghanistan, and Pakistan's military and
intelligence agencies are not intervening
extra-judicially into political and judicial
processes in Pakistan;
(iii) dismantling improvised explosive
device (IED) networks and interdicting
precursor chemicals used in the manufacture of
IEDs;
(iv) preventing the proliferation of
nuclear-related material and expertise;
(v) implementing policies to protect
judicial independence and due process of law;
(vi) issuing visas in a timely manner for
United States visitors engaged in
counterterrorism efforts and assistance
programs in Pakistan; and
(vii) providing humanitarian organizations
access to detainees, internally displaced
persons, and other Pakistani civilians affected
by the conflict.
(B) The Secretary of State may waive the
requirements of subparagraph (A) if it is important to
the national security interests of the United States.
(2) Assistance.--
(A) Of the funds appropriated under titles III, IV,
and VIII of this Act, not more than $800,346,000 may be
made available for assistance for Pakistan, including
not more than $375,000,000 from funds appropriated
under the heading ``Economic Support Fund'', not more
than $100,000,000 from funds appropriated under the
heading ``International Narcotics Control and Law
Enforcement'', not more than $250,000,000 from funds
appropriated under the heading ``Foreign Military
Financing Program'', and not more than $50,000,000 from
funds appropriated under the heading ``Pakistan
Counterinsurgency Capability Fund''.
(B) Funds appropriated by this Act under the
headings ``Foreign Military Financing Program'' and
``Pakistan Counterinsurgency Capability Fund'' for
assistance for Pakistan may be made available only to
support counterterrorism, counterinsurgency, and
counterpiracy capabilities in Pakistan, and are subject
to section 620M of the Foreign Assistance Act of 1961,
as amended by this Act.
(C) Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Pakistan should be made available to
interdict precursor materials from Pakistan to
Afghanistan that are used to manufacture improvised
explosive devices, including calcium ammonium nitrate;
to support programs to train border and customs
officials in Pakistan and Afghanistan; and for
agricultural extension programs that encourage
alternative fertilizer use among Pakistani farmers.
(D) Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Pakistan may be made available for
the Chief of Mission Fund, as authorized by section
101(c)(5) of Public Law 111-73.
(E) Funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for infrastructure projects in
Pakistan shall be implemented in a manner consistent
with section 507(6) of the Trade Act of 1974 (19 U.S.C.
2467(6)).
(F) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made
available notwithstanding any other provision of law,
except for this subsection and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.
(G) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' and made
available for assistance for Pakistan, $33,000,000
shall be withheld from obligation until the Secretary
of State reports to the Committees on Appropriations
that Dr. Shakil Afridi has been released from prison
and cleared of all charged relating to the assistance
provided to the United States in locating Osama bin
Laden.
(3) Reports.--
(A)(i) The spend plan required by section 7076 of
this Act for assistance for Pakistan shall include
achievable and sustainable goals, benchmarks for
measuring progress, and expected results regarding
furthering development in Pakistan, countering
extremism, and establishing conditions conducive to the
rule of law and transparent and accountable governance:
Provided, That such benchmarks may incorporate those
required in title III of Public Law 111-73, as
appropriate: Provided further, That not later than 6
months after submission of such spend plan, and each 6
months thereafter until September 30, 2014, the
Secretary of State shall submit a report to the
Committees on Appropriations on the status of achieving
the goals and benchmarks in such plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report
required by paragraph (A)(i) indicates that Pakistan is
failing to make measurable progress in meeting such
goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the costs
and objectives associated with significant
infrastructure projects supported by the United States
in Pakistan, and an assessment of the extent to which
such projects achieve such objectives.
(d) Sri Lanka.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' or under the
Arms Export Control Act 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, unless the Secretary of State certifies to
the Committees on Appropriations that the Government of Sri
Lanka is meeting the conditions that appear under this section
in the report accompanying this Act.
(2) Paragraph (1) shall not apply to assistance for
humanitarian demining and aerial and maritime surveillance.
(3) If the Secretary makes the certification required in
paragraph (1), funds appropriated under the heading ``Foreign
Military Financing Program'' that are made available for
assistance for Sri Lanka should be used to support the
recruitment and training of Tamils into the Sri Lankan
military, Tamil language training for Sinhalese military
personnel, and human rights training for all military
personnel.
(4) The Secretary of the Treasury shall instruct the United
States executive directors of the international financial
institutions to vote against any loan, agreement, or other
financial support for Sri Lanka except to meet basic human
needs, unless the Secretary of State certifies to the
Committees on Appropriations that the Government of Sri Lanka
is meeting the conditions that appear under this section in the
report accompanying this Act.
(e) Regional Cross Border Programs.--Of the funds appropriated by
this Act under the heading ``Economic Support Fund'' that are available
for assistance for Afghanistan and Pakistan, not less than $15,000,000
shall be made available, notwithstanding any other provision of law
that restricts assistance to foreign countries, for cross border
stabilization and development programs between Afghanistan and Pakistan
or between either country and the Central Asian republics.
prohibition of payments to united nations members
Sec. 7047. 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. 7048. 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 pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
united nations
Sec. 7049. (a) Transparency and Accountability.--
(1) Of the funds appropriated under title I and under the
heading ``International Organizations and Programs'' in title V
of this Act that are available for contributions to any United
Nations agency or to the Organization of American States, 10
percent shall be withheld from obligation for such agency or
organization if the agency or organization is not--
(A) publishing on a publicly available Web site,
consistent with privacy regulations and due process,
regular financial and programmatic audits of the agency
or organization, and providing the United States
Government with necessary access to such financial and
performance audits; and
(B) implementing best practices for the protection
of whistleblowers from retaliation, including for legal
burdens of proof, access to independent adjudicative
bodies, results that eliminate the effects of
retaliation, and statutes of limitation for reporting
retaliation.
(2) The Secretary of State may waive the restriction in
this subsection on a case-by-case basis if the Secretary
determines and reports that to do so is in the national
interest of the United States.
(b) Restrictions on United Nations Organizations.--None of the
funds made available under title I of this Act may be used by the
Secretary of State as a contribution to any organization, agency,
commission, or program within the United Nations system if such
organization, agency, commission, or program is chaired or presided
over by a country, the government of which the Secretary of State has
determined, for purposes of section 620A of the Foreign Assistance Act
of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of
the Export Administration Act of 1979, or any other provision of law,
is a government that has repeatedly provided support for acts of
international terrorism: Provided, That the Secretary of State may
waive the restriction in this subsection if the Secretary determines
and reports to the Committees on Appropriations that to do so is in the
national interest of the United States.
(c) United Nations Human Rights Council.--Funds appropriated by
this Act may be made available for voluntary contributions or payment
of United States assessments in support of the United Nations Human
Rights Council if the Secretary of State reports to the Committees on
Appropriations that participation in the Council is in the national
interest of the United States: Provided, That the Secretary of State
shall report to the Committees on Appropriations not later than
September 30, 2013, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months.
(d) Capital Master Plan.--None of the funds appropriated by this
Act may be made available as a United States contribution for
additional costs for the Capital Master Plan construction project for
the United Nations Headquarters in New York.
(e) Reporting Requirement.--Not later than 45 days after enactment
of this Act, the Secretary of State shall submit a report to the
Committees on Appropriation detailing the amount of funds available for
obligation or expenditure in fiscal year 2013 under the headings
``Contributions to International Organizations'' and ``International
Organizations and Programs'' that are withheld from obligation or
expenditure due to any provision of law: Provided, That the Secretary
of State shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further, That
the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on
Appropriations.
community-based police assistance
Sec. 7050. (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 the regular notification procedures of the Committees on
Appropriations.
conferences
Sec. 7051. (a) Attendance at International Conferences.--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 Government of the United States 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 at least 5 days in advance that the
additional employees will not perform a redundant function and such
attendance is important to the national interest: Provided, That for
purposes of this section the term ``international conference'' shall
mean a conference attended by representatives of the Government of the
United States and of foreign governments, international organizations,
or nongovernmental organizations.
(b) Reports on Conference Costs.--
(1) The head of any department, agency, board, or
commission funded by this Act shall submit semi-annual reports
to the Inspector General, or senior ethics official for any
entity without an inspector general, of the appropriate
department, agency, board, or commission regarding the costs
and contracting procedures relating to each conference held by
such department, agency, board, or commission during fiscal
year 2013 for which the cost to the United States Government
was more than $20,000, and shall post such reports on their
respective Web sites.
(2) Each report submitted shall include, for each
conference held during the applicable 6 month period--
(A) a description of the purpose;
(B) the number of participants attending;
(C) a detailed statement of the cost to the United
States Government; and
(D) a description of the contracting procedures.
(3) A grant or contract funded by amounts appropriated by
this Act may not be used for the purpose of defraying the cost
of a conference that is not directly and programmatically
related to the purpose for which the grant or contract was
awarded.
(4) None of the funds made available by this Act may be
used for travel and conference activities that are not in
compliance with the Office of Management and Budget M-12-12
dated May 11, 2012.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'' and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and USAID with funds made available in this
Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis, Federal
and non-Federal personnel supporting Department of State and
USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
in fiscal year 2013 and thereafter, funds received by the
Department of State for the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the
Department's Working Capital Fund and shall be available for
expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of division F
of Public Law 111-117 shall apply to this Act: Provided, That the date
``September 30, 2009'' in subsection (f)(2)(B) shall be deemed to be
``September 30, 2012''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to USAID 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
Secretary of State 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, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational environments;
and
(2) the agreement applicable to the assistance, transfer,
or sale of such 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 or in areas
normally inhabited by civilians.
prohibition on publicity or propaganda
Sec. 7055. 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.
limitation on residence expenses
Sec. 7056. 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.
united states agency for international development management
(including transfer of funds)
Sec. 7057. (a) Authority.--Up to $93,000,000 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 may be used by 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, 2014.
(c) Conditions.--The authority of subsection (a) should 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 are eliminated.
(d) 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: Provided, That 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''.
(e) 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.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961 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 or man-made disasters subject to the
regular notification procedures of the Committees on Appropriations.
(g) 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 40 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 15 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.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID 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.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of division F of
Public Law 111-117 may be assigned to or support programs in Iraq,
Afghanistan, or Pakistan with funds made available in this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for global
health activities 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 provisions under
the heading ``Global Health Programs'' 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 $700,000,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity or
endangered species.
(b) Global Fund.--Not later than September 30, 2013, the Secretary
of State shall submit a report to the Committees on Appropriations
assessing progress by the Global Fund to Fight AIDS, Tuberculosis, and
Malaria (Global Fund) in implementing the recommendations contained in
the Final Report of the High-Level Independent Review Panel on
Fiduciary Controls and Oversight Mechanisms of the Global Fund (the
Final Report): Provided, That the Secretary of State should consider
withholding a portion of the United States contribution to the Global
Fund, if necessary, to further the implementation of such
recommendations, subject to prior consultation with the Committees on
Appropriations, but any such withholding shall not be in addition to
funds that are withheld from the Global Fund in fiscal year 2013
pursuant to the application of any other provision contained in this or
any other Act.
(c) Pandemic Response.--If the President determines and reports to
the Committees on Appropriations that a pandemic virus is efficient and
sustained, severe, and is spreading internationally, funds made
available under titles III, IV, and VIII in this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs may be made available to combat such virus:
Provided, That funds made available pursuant to the authority of this
subsection shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(d) Challenge Grants.--Funds appropriated by this Act under the
heading ``Global Health Programs'' that are administered by the Office
of the United States Global HIV/AIDS Coordinator and made available for
programs to combat HIV/AIDS, shall be made available as challenge
grants in countries receiving assistance from the Global Fund to Fight
AIDS, Tuberculosis and Malaria (the Global Fund): Provided, That the
purpose of such challenge grants shall be to leverage funding from host
country governments, multilateral organizations, including the World
Bank, and/or other donor governments for activities supported by the
Global Fund: Provided further, That not later than 180 days after
implementation of a challenge grants program, the Secretary of State
shall submit a report to the Committees on Appropriations assessing the
ability of such program to increase funding for activities supported by
the Global Fund from sources other than the United States Government
and recommendations for improving such program.
gender programs
Sec. 7059. (a) Gender Equality.--
(1) Of the funds appropriated by this Act, not less than
$1,650,000,000 shall be made available for gender programs.
(2) The Secretary of State and the USAID Administrator
shall make every effort to integrate a focus on gender equality
in Department of State and USAID headquarters and overseas
operations, including in strategic planning and budget
allocations, and in monitoring and evaluation of the impact of
United States policies and programs on women and girls in
foreign countries, as appropriate.
(3) Funds appropriated by this Act shall be made available
to promote gender equality in United States Government
diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of
women and girls worldwide, including by--
(A) expanding access to education and health
services for women and girls;
(B) providing women and girls access to legal and
other protective services;
(C) expanding economic opportunities for poor
women, including increasing the number and capacity of
women-owned enterprises that employ the poor and very
poor, improving property rights for women, increasing
access to financial services and capital for women
living in poverty, enhancing the role of women in
economic decision-making and the ability of women to
participate in local, national, and global markets;
(D) focusing on reducing disparities between
women's and men's access to, control over, and ability
to benefit economically, politically, and socially from
resources and services;
(E) ensuring that programs to strengthen food
security and agricultural development take into account
the unique needs of women, in particular increasing
women's assets and prioritizing access to inputs,
technologies, and technical assistance for women
farmers; and
(F) increasing the participation of women in the
planning, implementation, monitoring, and evaluation of
such efforts, including by building the capacity of
women-focused organizations.
(b) Women's Political Leadership.--Of the funds appropriated under
the headings ``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', and ``Middle East and North Africa Incentive Fund''
in this Act, not less than $50,000,000 shall be made available for
programs and activities to increase political opportunities for women
in countries where women and girls suffer severe forms of
discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's access to leadership positions in government at the local,
provincial, and national levels.
(c) Gender-Based Violence.--
(1) Of the funds appropriated under the headings ``Global
Health Programs'', ``Development Assistance'', ``Economic
Support Fund'', ``Democracy Fund'', ``Middle East and North
Africa Incentive Fund'', and ``International Narcotics Control
and Law Enforcement'' in this Act, not less than $150,000,000
shall be made available, notwithstanding section 660 of the
Foreign Assistance Act of 1961, to strengthen, expand, and
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings, and funds appropriated
under the headings ``International Disaster Assistance'',
``Transition Initiatives'', ``Complex Crises Fund'',
``Migration and Refugee Assistance'', and ``Emergency Refugee
and Migration Assistance'' should be made available for such
efforts.
(2) Department of State and USAID gender programs shall
incorporate coordinated efforts to combat a variety of forms of
gender-based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(3) Programs and activities funded under titles III and IV
of this Act to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons,
notwithstanding section 660 of the Foreign Assistance Act of
1961, and shall promote the integration of women into the
police and other security forces of their countries.
(d) Strategy to Implement the National Action Plan.--
(1) Of the funds appropriated under titles III and IV (but
not including funds appropriated under the headings
``Development Assistance'' and ``International Disaster
Assistance'') in this Act, not less than $50,000,000 shall be
made available to support a multi-year strategy to fully
implement the United States National Action Plan on Women,
Peace, and Security, including to expand, and improve
coordination of, United States Government efforts to empower
women as equal partners in conflict prevention, peace building,
transitional processes, and reconstruction efforts in countries
affected by conflict or in political transitions which may
perpetuate the inequality of, and discrimination and violence
against, women and girls, and to ensure their equal access to
relief and recovery assistance.
(2) The Secretary of State shall submit a report to the
Committees on Appropriations not later than 120 days after
enactment of this Act describing the strategy required in
paragraph (1) and how existing programs are being redesigned to
directly and concretely implement such strategy.
(e) Funds made available by this Act for assistance for women and
girls shall be made available notwithstanding any other provision of
law: Provided, That nothing in this section shall be construed to
alter any existing statutory prohibitions against abortion or
involuntary sterilizations contained in this or any other Act.
sector allocations
Sec. 7060. (a) Basic and Higher Education.--
(1) Basic education.--Of the funds appropriated by title
III of this Act, up to $800,000,000 may be made available for
assistance for basic education, including as a contribution to
the Global Partnership for Education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $215,000,000 shall be made
available for assistance for higher education, of which
$25,000,000 shall be to support such programs in Africa,
including for partnerships between higher education
institutions in Africa and the United States.
(b) Development Grants Program.--Of the funds appropriated in title
III of this Act, not less than $45,000,000 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), primarily
for unsolicited proposals for activities within any sector, to support
grants of not more than $2,000,000 to small nongovernmental
organizations: Provided, That funds made available under this
subsection are in addition to other funds available for such purposes
including funds designated by this Act by subsection (f).
(c) Environment and Energy.--
(1) In general.--Of the funds appropriated by this Act, not
less than $1,155,000,000 shall be made available for
environment and energy programs.
(2) Clean energy programs.--The limitation in section
7081(b) of division F of Public Law 111-117 shall continue in
effect during fiscal year 2013 as if part of this Act:
Provided, That the proviso contained in such section shall not
apply.
(3) Adaptation programs.--Funds appropriated by this Act
may be made available for United States contributions to the
Least Developed Countries Fund, the Special Climate Change
Fund, the Forest Carbon Partnership Facility, the Green Climate
Fund, and the Partnership for Market Readiness to support
adaptation and mitigation programs and activities.
(4) Sustainable landscapes and biodiversity programs.--Of
the funds appropriated under title III of this Act, not less
than $111,000,000 shall be made available for sustainable
landscapes programs and, in addition, not less than
$200,000,000 shall be made available to protect biodiversity,
including not less than $2,000,000 to implement and enforce
section 8204 of Public Law 110-246, and shall not be used to
support or promote industrial scale logging in areas of
tropical forest where no such logging occured prior to the date
of enactment of this Act: Provided, That funds made available
for the Central African Regional Program for the Environment
and other tropical forest programs in the Congo Basin for the
United States Fish and Wildlife Service (USFWS) shall be
apportioned directly to the USFWS: Provided further, That
funds made available for the Department of the Interior (DOI)
for programs in the Mayan Biosphere Reserve shall be
apportioned directly to the DOI: Provided further, That such
funds shall also support programs to protect great apes in
Africa and Indonesia, and other endangered species.
(5) Authority.--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 except for the
provisions of this subsection and subject to the regular
notification procedures of the Committees on Appropriations, to
support programs and activities specified in this section.
(6) Extraction of natural resources.--
(A) Funds appropriated by this Act shall be made
available to promote and support transparency and
accountability of expenditures and revenues related to
the extraction of natural resources, including by
strengthening implementation and monitoring of the
Extractive Industries Transparency Initiative,
implementing and enforcing section 8204 of Public Law
110-246 and the Kimberley Process Certification Scheme,
and providing technical assistance to promote
independent audit mechanisms and support civil society
participation in natural resource management.
(B)(i) The Secretary of the Treasury shall inform
the managements of the international financial
institutions and post on the Department of the
Treasury's Web site that it is the policy of the United
States to vote against any assistance by such
institutions (including but not limited to any loan,
credit, grant, or guarantee) for the extraction and
export of a natural resource if the government of the
country has in place laws or regulations to prevent or
limit the public disclosure of company payments as
required by section 1504 of Public Law 111-203, and
unless such government has in place functioning systems
in the sector in which assistance is being considered
for--
(I) accurately accounting for and public
disclosure of payments to the host government
by companies involved in the extraction and
export of natural resources;
(II) the independent auditing of accounts
receiving such payments and public disclosure
of the findings of such audits; and
(III) public disclosure of 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.
(ii) The requirements of clause (i) shall not apply
to assistance for the purpose of building the capacity
of such government to meet the requirements of this
subparagraph.
(C) The Secretary of the Treasury or the Secretary
of State, as appropriate, shall instruct the United
States executive director of each international
financial institution and the United States
representatives to all forest-related multilateral
financing mechanisms and processes to vote against
industrial scale logging in areas of tropical forest
where no such logging occured prior to the date of
enactment of this Act.
(D) The Secretary of the Treasury shall instruct
the executive director of each international financial
institution to vote against the construction of any
coal-fired power plant that does not meet United States
Government emissions requirements for new coal-fired
power plants, and absent a thorough, independent
assessment including public consultation indicating
that a mix of conservation and efficiency measures, and
renewable energy alternatives, cannot together produce
comparable amounts of electricity at comparable cost
over the lifetime of the plant.
(7) Continuation of prior law.--Section 7081(g)(2) and (4)
of division F of Public Law 111-117 shall continue in effect
during fiscal year 2013 as if part of this Act.
(d) Food Security and Agriculture Development.--Of the funds
appropriated by title III of this Act, not less than $1,200,000,000
should be made available for food security and agriculture development
programs, of which $32,000,000 shall be made available for
Collaborative Research Support Programs: Provided, That such funds may
be made available notwithstanding any other provision of law to address
food shortages, and may 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.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women: Provided, That notwithstanding the requirements of
sections 254 (a)(1) and (2) of the Foreign Assistance Act of 1961, the
USAID Administrator may certify, pursuant to section 254(a)(3) of such
Act, poverty assessment tools developed by an organization other than
USAID.
(f) Reconciliation Programs.--
(1) Of the funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``Development
Assistance'', $26,000,000 shall be made available to support
people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political
backgrounds from areas of civil strife and war, of which
$10,000,000 shall be made available for such programs in the
Middle East: Provided, That the USAID Administrator shall
consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the uses of such funds:
Provided further, That to the maximum extent practicable, such
funds shall be matched by sources other than the United States
Government.
(2) Funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Development Assistance'' may be
made available for a ``New Generation in the Middle East''
initiative to build understanding, tolerance, and mutual
respect among the next generation of Israeli and Palestinian
leaders.
(g) Trafficking in Persons.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'',
not less than $39,000,000 shall be made available for activities to
combat trafficking in persons internationally.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $400,000,000 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).
(i) Notification Requirements.--Authorized deviations from funding
levels contained in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
central asia
Sec. 7061. The terms and conditions of subsections (a) through (d)
of section 7075 and subsections (a) through (e) of section 7076 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) shall apply
to funds appropriated by this Act, except that the Secretary of State
may waive the application of section 7076(a) for a period of not more
than 6 months and every 6 months thereafter until September 30, 2014,
if the Secretary certifies to the Committees on Appropriations that the
waiver is in the national security interest and necessary to obtain
access to and from Afghanistan for the United States, and the waiver
includes an assessment of progress, if any, by the Government of
Uzbekistan in meeting the requirements in section 7076(a): Provided,
That the Secretary of State, in consultation with the Secretary of
Defense, shall submit a report to the Committees on Appropriations not
later than 180 days after enactment of this Act and 12 months
thereafter, on all United States Government assistance provided to the
Government of Uzbekistan and expenditures made in support of the
Northern Distribution Network in Uzbekistan, including any credible
information that such assistance or expenditures are being diverted for
corrupt purposes: Provided further, That information provided in the
assessment and report required by the previous provisos shall be
unclassified but may be accompanied by a classified annex and such
annex shall indicate the basis for such classification: Provided
further, That for the purposes of the application of section 7075(c) to
this Act, the report shall be submitted not later than October 1, 2013,
and for the purposes of the application of section 7076(e) to this Act,
the term ``assistance'' shall not include expanded international
military education and training.
requests for documents
Sec. 7062. 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.
overseas private investment corporation
(including transfer of funds)
Sec. 7063. (a) 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.
(b) Notwithstanding section 235(a)(2) of the Foreign Assistance Act
of 1961, the authority of subsections (a) through (c) of section 234 of
such Act shall remain in effect until September 30, 2013.
international prison conditions
Sec. 7064. (a) Not later than 180 days after enactment of this Act,
the Secretary of State shall submit to the Committees on Appropriations
a report, which shall also be made publicly available including on the
Department of State's Web site, describing--
(1) conditions in prisons and other detention facilities in
countries whose governments receive United States assistance
and which the Secretary determines raise serious human rights
or humanitarian concerns; and
(2) the extent to which such governments are taking steps
to eliminate such conditions.
(b) For purposes of each determination made pursuant to subsection
(a), the Secretary shall consider the criteria listed in paragraphs (1)
through (10) of subsection (b) of section 7085 of division F of Public
Law 111-117.
(c) Of the funds appropriated under the headings ``Development
Assistance'', ``Economic Support Fund'', and ``International Narcotics
Control and Law Enforcement'' in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, not less than $5,000,000 shall be made available,
notwithstanding section 660 of the Foreign Assistance Act of 1961, for
assistance to eliminate such conditions: Provided, That decisions
regarding the uses of such funds shall be the responsibility of the
Assistant Secretary of State for the Bureau of Democracy, Human Rights,
and Labor, in consultation with USAID's Assistant Administrator for the
Bureau for Democracy, Conflict, and Humanitarian Assistance, as
appropriate.
prohibition on use of torture
Sec. 7065. (a) None of the funds made available in this Act may be
used to support or justify the use of torture, cruel, or inhumane
treatment.
(b) 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 shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of 1961, for assistance to
eliminate torture by foreign police, military or other security forces
in countries receiving assistance from funds appropriated by this Act
that are identified in the Department of State's most recent Country
Reports on Human Rights Practices.
extradition
Sec. 7066. (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.
commercial leasing of defense articles
Sec. 7067. 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.
independent states of the former soviet union
Sec. 7068. (a) None of the funds appropriated by this Act 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 by this Act under the heading ``Economic
Support Fund'' may be made available, notwithstanding any other
provision of law, for assistance and related programs for the countries
identified in section 3(c) of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 3 of the
FREEDOM Support Act (Public Law 102-511) and may be used to carry out
the provisions of those Acts: Provided, That such assistance and
related programs from funds appropriated by this Act under the headings
``Global Health Programs'', ``Economic Support Fund'', ``Democracy
Fund'', ``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining, and Related Programs'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'' shall be administered in accordance with
the responsibilities of the coordinator designated pursuant to section
601 of the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179) and section 102 of the FREEDOM Support Act (Public
Law 102-511).
(c) 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.
international monetary fund
Sec. 7069. (a) The terms and conditions of sections 7086(b) (1) and
(2) and 7090(a) of division F of Public Law 111-117 shall apply to this
Act.
(b) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to seek to
ensure that any loan will be repaid to the IMF before other private
creditors.
(c) The Secretary of the Treasury shall seek to ensure that the IMF
is implementing best practices for the protection of whistleblowers
from retaliation, including best practices for legal burdens of proof,
access to independent adjudicative bodies, results that eliminate the
effects of retaliation, and statutes of limitation for reporting
retaliation.
repression in the russian federation
Sec. 7070. (a) None of the funds appropriated under the heading
``Economic Support Fund'' 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 Secretary of State certifies 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;
(2) is honoring its international obligations regarding
freedom of expression, assembly, and press, as well as due
process;
(3) is investigating and prosecuting law enforcement
personnel credibly alleged to have committed human rights
abuses against political leaders, activists and journalists;
and
(4) is 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.
prohibition on first-class travel
Sec. 7071. None of the funds made available in this Act may be
used for first-class travel by employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
disability programs
Sec. 7072. (a) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $5,000,000 shall be
made available for programs and activities administered by USAID to
address the needs and protect and promote the rights of people with
disabilities in developing countries, including initiatives that focus
on independent living, economic self-sufficiency, advocacy, education,
employment, transportation, sports, and integration of individuals with
disabilities, 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) Of the funds made available by this section, up to 7 percent
may be for management, oversight, and technical support.
enterprise funds
Sec. 7073. (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 no such funds may
be available except through the regular notification procedures of the
Committees on Appropriations.
consular affairs
Sec. 7074. The Secretary of State shall implement the necessary
steps, including hiring a sufficient number of consular officers to
include limited non-career appointment officers, in the People's
Republic of China, Brazil, and India to reduce or maintain the wait
time to interview a visa applicant to 3 weeks after a visa application
has been submitted: Provided, That exceptions to this standard may
occur due to security considerations and to ensure adequate provision
of consular services to United States citizens.
procurement reform
Sec. 7075. Section 7077 of division I of Public Law 112-74 shall
continue in effect during fiscal year 2013: Provided, That subsection
(b)(3) of such section is amended to read as follows--
``(3) either is--
``(A) a for-profit entity majority owned and
operated by individuals who are citizens or lawful
permanent residents of; or
``(B) a non-profit entity majority operated and
managed by individuals who are citizens or lawful
permanent residents of;
``a country receiving assistance from funds appropriated under title
III of this Act.''.
operating and spend plans
Sec. 7076. (a) Operating Plans.--Not later than 45 days after the
date of enactment of this Act, each department, agency or organization
funded in titles I and II, and the Department of the Treasury shall
submit to the Committees on Appropriations an operating plan for funds
appropriated to such department, agency, or organization in such titles
of this Act, or funds otherwise available for obligation in fiscal year
2013, that provides details of the use of such funds at the program,
project, and activity level: Provided, That such operating plans shall
be subject to the regular notification procedures of the Committees on
Appropriations.
(b) Spend Plans.--Prior to the initial obligation of funds, the
Secretary of State, in consultation with the USAID Administrator, shall
submit to the Committees on Appropriations a detailed spend plan for
funds made available in titles III and IV of this Act for assistance
for Iraq, Afghanistan, Pakistan, and the West Bank and Gaza, and for
food security and agriculture development programs and environment
programs.
(c) Notifications.--The spend plans referenced in subsection (b)
shall be subject to prior consultation with the Committees on
Appropriations and shall not be considered as meeting the notification
requirements under section 7015 of this Act or under section 634A of
the Foreign Assistance Act of 1961.
special defense acquisition fund
Sec. 7077. Not to exceed $100,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (Fund), to remain available for
obligation until September 30, 2016: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
united nations population fund
Sec. 7078. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2013, $44,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(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 not be made available unless--
(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.
authorization for selective capital increase
Sec. 7079. Section 70 of the Bretton Woods Agreements Act (22
U.S.C. 286 et seq.), is amended in subsection (b) by adding at the end
the following:
``(3) In order to pay for the increase in the United States
subscription to the Bank under subsection (a)(1)(B), there are
authorized to be appropriated, without fiscal year limitation,
$4,639,501,466 for payment by the Secretary of the Treasury.
``(4) Of the amount authorized to be appropriated under
paragraph (1)(A)(i), $278,370,088 shall be for paid in shares
of the Bank; and (ii) $4,361,131,378 shall be for callable
shares of the Bank.''.
community development funds
Sec. 7080. Funds appropriated by this Act to carry out part I of
the Foreign Assistance Act of 1961 which are made available through
grants or cooperative agreements to strengthen food security in
developing countries and which are consistent with the goals of title
II of the Food for Peace Act, may be deemed to be expended on
nonemergency food assistance for purposes of section 412(e)(1) of the
Food for Peace Act, 7 U.S.C. 1736f(e)(1).
united states export promotion activities
Sec. 7081. Not later than 180 days after enactment of this Act,
the Secretary of State, in consultation with the Secretary of the
Treasury, the USAID Administrator, the Secretary of Commerce, and the
heads of the Export-Import Bank of the United States, Overseas Private
Investment Corporation, United States Trade and Development Agency, and
other relevant Federal agencies, shall submit a report to the
Committees on Appropriations detailing programs and activities
supported by the Department of State and such agencies to promote
exports of United States goods and services worldwide, particularly to
Africa, and a plan for improving inter-agency coordination in efforts
to--
(1) increase exports of United States goods and services;
(2) align United States commercial interests with
development priorities in each region;
(3) facilitate the development of relationships between the
governments of, and businesses in, other countries with United
States businesses;
(4) enhance the competitiveness of United States businesses
overseas; and
(5) encourage a greater understanding among United States
business and financial communities of potential markets in
other countries for United States exports.
heavily indebted poor countries authorization
Sec. 7082. Section 501(i) of title V of H.R. 3425 as enacted into
law by section 1000(a)(5) of Public Law 106-113, as amended by section
699H(b)(1) of division J of Public Law 110-161, is further amended by
striking ``2000-2010'' and inserting in lieu thereof ``2000-2015''.
fraud prevention and detection fees
Sec. 7083. In addition to the uses permitted pursuant to Section
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C.
1356(v)(2)(A)), the Secretary of State may also use fees deposited into
the Fraud Prevention and Detection Account for programs and activities:
(1) to increase the number of personnel assigned to the function of
preventing and detecting visa fraud; and (2) to purchase, lease,
construct, and staff facilities used for the processing of the class of
visas described in subparagraphs (H)(i), (H)(ii), or (L) of section
101(a)(15) of that Act.
border crossing card fee for minors
Sec. 7084. Section 410(a)(1)(A) of title IV of the Department of
State and Related Agencies Appropriations Act, 1999 (contained in
division A of Public Law 105-277) is amended by striking ``a fee of
$13'' and inserting ``a fee of not to exceed half the amount of the fee
that would otherwise apply for processing a machine readable combined
border crossing identification card and nonimmigrant visa, and may be
increased not more than 50 percent in a fiscal year''.
buying power maintenance, international organizations
Sec. 7085. (a) There may be established in the Treasury of the
United States a ``Buying Power Maintenance, International
Organizations'' account.
(b) At the end of each fiscal year, the Secretary of State may
transfer to and merge with ``Buying Power Maintenance, International
Organizations'' such amounts from ``Contributions to International
Organizations'' as the Secretary determines are in excess of the needs
of activities funded from ``Contributions to International
Organizations'' because of fluctuations in foreign currency exchange
rates.
(c) In order to offset adverse fluctuations in foreign currency
exchange rates, the Secretary of State may transfer to and merge with
``Contributions to International Organizations'' such amounts from
``Buying Power Maintenance, International Organizations'' as the
Secretary determines are necessary to provide for the activities funded
from ``Contributions to International Organizations''.
(d)(1) Subject to the limitations contained in this section, not
later than the end of the fifth fiscal year after the fiscal year for
which funds are appropriated or otherwise made available for
``Contributions to International Organizations'', the Secretary of
State may transfer any unobligated balance of such funds to the
``Buying Power Maintenance, International Organizations'' account.
(2) The balance of the Buying Power Maintenance, International
Organizations account may not exceed $50,000,000 as a result of any
transfer under this subsection.
(3) Any transfer pursuant to this subsection shall be treated as a
reprogramming of funds under section 34 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2706) and shall be available for
obligation or expenditure only in accordance with the procedures under
such section.
(e)(1) Funds transferred to the ``Buying Power Maintenance,
International Organizations'' account pursuant to this section shall
remain available until expended.
(2) The transfer authorities in this section shall be available for
funds appropriated for fiscal year 2013 and for each fiscal year
thereafter, and are in addition to any transfer authority otherwise
available to the Department of State under other provisions of law.
department of state organization
Sec. 7086. The Secretary of State may transfer any authority,
duty, or function assigned by statute to the Coordinator for
Counterterrorism, the Coordinator for Reconstruction and Stabilization,
or the Coordinator for International Energy Affairs (or to their
respective offices) to such other officials or offices of the
Department of State as the Secretary may determine from time to time.
hiv/aids working capital fund
Sec. 7087. Funds available in the HIV/AIDS Working Capital Fund
(in this section referred to as the ``Fund'') established pursuant to
section 525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-477) may be
made available for pharmaceuticals and other products for other global
health and child survival activities to the same extent as HIV/AIDS
pharmaceuticals and other products, subject to the terms and conditions
in such section: Provided, That the authority in section 525(b)(5) of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) shall not be exercised by
the Coordinator of the United States Activities to Combat HIV/AIDS
Globally with respect to funds deposited for non-HIV/AIDS
pharmaceuticals and other products.
working capital fund
Sec. 7088. (a) The USAID Administrator (the Administrator) is
authorized to establish a Working Capital Fund (in this section
referred to as the ``Fund'').
(b) Funds deposited in the Fund during any fiscal year shall be
available without fiscal year limitation and used, in addition to other
funds available for such purposes, for agency procurement reform
efforts and related administrative costs: Provided, That such expenses
may include--
(1) personal and non-personal services;
(2) training;
(3) supplies; and
(4) other administrative costs related to the
implementation of procurement reform and management of the
Fund.
(c) There may be deposited during any fiscal year in the Fund up to
1 percent of the total value of obligations entered into by USAID from
appropriations available to USAID and any appropriation made available
for the purpose of providing capital: Provided, That receipts from the
disposal of, or repayments for the loss or damage to, property held in
the Fund, rebates, reimbursements, refunds and other credits applicable
to the operation of the Fund may be deposited into the Fund.
(d) Not later than 45 days after enactment of this Act and any
subsequent Act making appropriations for the Department of State,
foreign operations, and related programs, the Administrator shall
submit to the Committees on Appropriations an operating plan for funds
deposited in the Fund, which shall include the percentage to be charged
for the current fiscal year.
(e) At the close of fiscal year 2013 and at the close of each
fiscal year thereafter, the Administrator shall determine the amounts
in excess of the needs of the Fund for that fiscal year and shall
transfer out of the Fund any excess amounts to any of the original
appropriation accounts from which deposits were made: Provided, That
such transferred funds shall remain available without fiscal year
limitation: Provided further, That the Administrator shall report to
the Committees on Appropriation the excess amounts and to which
appropriation accounts the excess funds will be transferred: Provided
further, That such transfers shall be subject to the regular
notification procedures of the Committees on Appropriations.
pilot programs in africa
Sec. 7089. (a) Of the funds appropriated by this Act under the
headings ``Global Health Programs'' and ``Development Assistance'', not
less than $15,000,000 shall be made available for a pilot program to
address health and development challenges in Africa and increased
economic engagement opportunities with the United States.
(b) Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``International Narcotics Control and Law
Enforcement'', not less than $10,000,000 shall be made available for a
pilot program to address security challenges in Africa.
(c) Funds made available under subsections (a) and (b) shall be
programmed in a manner that leverages a government-wide approach to
addressing shared challenges and mutually beneficial opportunities, and
shall be the responsibility of United States Chiefs of Mission in
countries in Africa seeking enhanced partnerships with the United
States in the areas of trade, investment, development, health, and
security: Provided further, That funds made available under this
section shall be matched to the maximum extent practicable by sources
other than the United States Government: Provided further, That the
Secretary of State shall consult with the Committees on Appropriations
prior to the obligation of funds.
(d) Up to 7 percent of the funds made available by subsections (a)
and (b) respectively, may be made available, in addition to funds
otherwise available for such purposes, for the administrative costs of
the Department of State and USAID incurred in implementing the pilot
programs established by this section.
consular notification compliance
Sec. 7090. (a) Petition for Review.--
(1) Jurisdiction.--Notwithstanding any other provision of
law, a Federal court shall have jurisdiction to review the
merits of a petition claiming a violation of Article 36(1)(b)
or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a bilateral
international agreement addressing consular notification and
access, filed by an individual convicted and sentenced to death
by any Federal or State court before the date of enactment of
this Act.
(2) Standard.--To obtain relief, an individual described in
paragraph (1) shall make a showing of actual prejudice to the
criminal conviction or sentence as a result of the violation.
The court may conduct an evidentiary hearing if necessary to
supplement the record and, upon a finding of actual prejudice,
shall order a new trial or sentencing proceeding.
(3) Limitations.--
(A) Initial showing.--To qualify for review under
this subsection, a petition must make an initial
showing that--
(i) a violation of Article 36(1)(b) or (c)
of the Vienna Convention on Consular Relations,
done at Vienna April 24, 1963, or a comparable
provision of a bilateral international
agreement addressing consular notification and
access, occurred with respect to the individual
described in paragraph (1); and
(ii) if such violation had not occurred,
the consulate would have provided assistance to
the individual.
(B) Effect of prior adjudication.--A petition for
review under this subsection shall not be granted if
the claimed violation described in paragraph (1) has
previously been adjudicated on the merits by a Federal
or State court of competent jurisdiction in a post-
conviction proceeding in which no Federal or State
procedural bars were raised with respect to such
violation and in which the court provided review
equivalent to the review provided in this subsection,
unless the adjudication of the claim resulted in a
decision that was based on an unreasonable
determination of the facts in light of the evidence
presented in the prior Federal or State court
proceeding.
(C) Filing deadline.--A petition for review under
this subsection shall be filed within 1 year of the
later of--
(i) the date of enactment of this Act;
(ii) the date on which the Federal or State
court judgment against the individual described
in paragraph (1) became final by the conclusion
of direct review or the expiration of the time
for seeking such review; or
(iii) the date on which the impediment to
filing a petition created by Federal or State
action in violation of the Constitution or laws
of the United States is removed, if the
individual described in paragraph (1) was
prevented from filing by such Federal or State
action.
(D) Tolling.--The time during which a properly
filed application for State post-conviction or other
collateral review with respect to the pertinent
judgment or claim is pending shall not be counted
toward the 1-year period of limitation.
(E) Time limit for review.--A Federal court shall
give priority to a petition for review filed under this
subsection over all noncapital matters. With respect to
a petition for review filed under this subsection and
claiming only a violation described in paragraph (1), a
Federal court shall render a final determination and
enter a final judgment not later than one year after
the date on which the petition is filed.
(4) Habeas petition.--A petition for review under this
subsection shall be part of the first Federal habeas corpus
application or motion for Federal collateral relief under
chapter 153 of title 28, United States Code, filed by an
individual, except that if an individual filed a Federal habeas
corpus application or motion for Federal collateral relief
before the date of enactment of this Act or if such application
is required to be filed before the date that is 1 year after
the date of enactment of this Act, such petition for review
under this subsection shall be filed not later than 1 year
after the enactment date or within the period prescribed by
paragraph (3)(C)(iii), whichever is later. No petition filed in
conformity with the requirements of the preceding sentence
shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on pre-
enactment proceedings other than as specified in paragraph (2).
(5) Referral to magistrate.--A Federal court acting under
this subsection may refer the petition for review to a Federal
magistrate for proposed findings and recommendations pursuant
to 28 U.S.C. Sec. 636(b)(1)(B).
(6) Appeal.--
(A) In general.--A final order on a petition for
review under paragraph (1) shall be subject to review
on appeal by the court of appeals for the circuit in
which the proceeding is held.
(B) Appeal by petitioner.--An individual described
in paragraph (1) may appeal a final order on a petition
for review under paragraph (1) only if a district or
circuit judge issues a certificate of appealability. A
district judge or circuit judge may issue a certificate
of appealability under this subparagraph if the
individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the
individual as a result of a violation described in
paragraph (1).
(b) Violation.--
(1) In general.--An individual not covered by subsection
(a) who is arrested, detained, or held for trial on a charge
that would expose the individual to a capital sentence if
convicted may raise a claim of a violation of Article 36(1)(b)
or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or of a comparable provision of a
bilateral international agreement addressing consular
notification and access, at a reasonable time after the
individual becomes aware of the violation, before the court
with jurisdiction over the charge. Upon a finding of such a
violation--
(A) the consulate of the foreign state of which the
individual is a national shall be notified immediately
by the detaining authority, and consular access to the
individual shall be afforded in accordance with the
provisions of the Vienna Convention on Consular
Relations, done at Vienna April 24, 1963, or the
comparable provisions of a bilateral international
agreement addressing consular notification and access;
and
(B) the court--
(i) shall postpone any proceedings to the
extent the court determines necessary to allow
for adequate opportunity for consular access
and assistance; and
(ii) may enter necessary orders to
facilitate consular access and assistance.
(2) Evidentiary hearings.--The court may conduct
evidentiary hearings if necessary to resolve factual issues.
(3) Rule of construction.--Nothing in this subsection shall
be construed to create any additional remedy.
(c) Definitions.--In this section--
(1) the term ``national of the United States'' has the
meaning given that term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
(2) the term ``State'' means any State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, and any territory or possession of the United States.
education foundation
Sec. 7091. (a) Grants Authorized.--The Secretary of State may award
one or more grants, using a transparent and competitive selection
process, to the Vietnam Education Foundation, United States accredited
institutions of higher education, or not-for-profit organizations
engaged in promoting institutional innovation in Vietnamese higher
education: Provided, That grant funds awarded under this subsection
shall be used to support the establishment of one or more independent,
not-for-profit academic institutions in Vietnam, which meet standards
comparable to those required for accreditation in the United States
under section 101(a)(5) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)(5)), with graduate level programs in public policy, management,
and related fields, that support the equitable and sustainable
socioeconomic development of Vietnam, feature teaching and research
components, promote the development of institutional capacity and
innovation in Vietnam, operate according to core principles of good
governance, are autonomous from the Government of Vietnam, and reflect
the participation and support, including financial support, of local
and international stakeholders: Provided further, That each entity
desiring a grant under this subsection shall submit an application to
the Secretary of State at such time, in such manner, and accompanied by
such information as the Secretary may reasonably require: Provided
further, That the Secretary may use amounts from the Vietnam Debt
Repayment Fund made available under section 207(c) of the Vietnam
Education Foundation Act of 2000 (22 U.S.C. 2452 note) for grants
authorized under this subsection and for carrying out the functions
transferred to the Department of State pursuant to subsection (b):
Provided further, That the Secretary shall submit an annual report to
the Committees on Appropriations that summarizes the activities carried
out under this subsection during the most recent fiscal year.
(b) Transfer of Functions and Assets.--All functions and assets of
the Vietnam Education Foundation, as of the day before the date of the
enactment of this Act, are transferred to the Department of State.
(c) Use of Funds.--In addition to the purpose set forth in
paragraph (2) of section 207(c) of the Vietnam Education Foundation Act
of 2000 (22 U.S.C. 2452 note), during each of the fiscal years 2012
through 2018, the amounts deposited into the Vietnam Debt Repayment
Fund pursuant to paragraph (1) of such section shall be made available
by the Secretary of the Treasury, upon the request of the Secretary of
State, to the Department of State for the purposes of carrying out this
section.
assistance for foreign nongovernmental organizations
Sec. 7092. Part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq.) is amended by inserting after section 104C the following
new section:
``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.
``Notwithstanding any other provision of law, regulation, or
policy, in determining eligibility for assistance authorized under
sections 104, 104A, 104B, and 104C--
``(1) a foreign nongovernmental organization shall not be
ineligible for such assistance solely on the basis of health or
medical services, including counseling and referral services,
provided by such organization with non-United States Government
funds if such services are permitted in the country in which
they are being provided and would not violate United States law
if provided in the United States; and
``(2) a foreign nongovernmental organization shall not be
subject to requirements relating to the use of non-United
States Government funds for advocacy and lobbying activities
other than those that apply to United States nongovernmental
organizations receiving assistance under this part.''.
use of funds in contravention of this act
Sec. 7093. If the executive branch makes a determination not to
comply with any provision of this Act on constitutional grounds, the
head of the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$1,426,000,000, to remain available until September 30, 2014, of which
$651,000,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $100,000,000 of the total funds made available under
this heading to any other appropriation of any department or agency of
the United States, upon the concurrence of the head of such department
or agency, to support operations in and assistance for Afghanistan and
to carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be treated as a
reprogramming of funds under subsections (a) and (b) of 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:
Provided further, That of the funds appropriated under this heading,
not more than $1,071,513,000 may be made available for Department of
State operations in Afghanistan, not more than $154,487,000 may be made
available for such operations in Pakistan, and not more than
$200,000,000 may be made available for such operations in Iraq:
Provided further, That of the funds appropriated under this heading for
operations and security programs in Afghanistan, 15 percent shall be
withheld from obligation until the Secretary of State, in consultation
with the Secretary of Defense and USAID Administrator, submits to the
Committees on Appropriations the report on Afghanistan required under
this heading in the report accompanying this Act: Provided further,
That such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$55,900,000, to remain available until September 30, 2014, of which
$6,000,000 shall be for the Special Inspector General for Iraq
Reconstruction (SIGIR) for reconstruction oversight, and $49,900,000
shall be for the Special Inspector General for Afghanistan
Reconstruction (SIGAR) for reconstruction oversight: Provided, That
the unobligated balances available for SIGIR under this heading
remaining on March 24, 2013, shall be made available for SIGAR for
Iraq-related reconstruction oversight carried out pursuant to the two
subsequent provisos: Provided further, That on March 24, 2013, all
investigative functions and related personnel of SIGIR (including
attorneys and related support personnel detailed to the Department of
Justice) shall be transferred to SIGAR, who shall thereafter exercise
the authorities related to criminal investigations granted by law to
SIGIR, notwithstanding any other provision of law, until March 31,
2014: Provided further, That the activities carried out by such
investigative and support personnel and attorneys shall continue
without interruption, and shall be supervised only by SIGAR,
notwithstanding any other provision of law: Provided further, That on
March 30, 2013, the Office of the Special Inspector General for Iraq
Reconstruction shall be abolished: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
international organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $101,300,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant
to section 251(b)(2)(A) of the Balanced budget and Emergency Deficit
Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $109,800,000,
to remain available until September 30, 2014, of which not more than
$63,800,000 may be made available for USAID operations in Afghanistan,
not more than $5,000,000 may be made available for such operations in
Pakistan, and not more than $41,000,000 may be made available for such
operations in Iraq: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
economic support fund
For an additional amount for ``Economic Support Fund'',
$600,000,000, to remain available until September 30, 2014, of which
not more than $450,000,000 may be made available for assistance for
Afghanistan, not more than $100,000,000 may be made available for
assistance for Pakistan, and not more than $50,000,000 may be made
available for assistance for Iraq: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2013.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
transfer authority for operations
Sec. 8003. Funds appropriated by this title under the headings
``Diplomatic and Consular Programs'', ``Office of Inspector General'',
and ``Operating Expenses'' may be transferred to, and merged with,
funds appropriated by this title under such headings: Provided, That
such transfers shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
transfer authority in this section is in addition to any transfer
authority otherwise available under any other provision of law.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2013''.
Calendar No. 417
112th CONGRESS
2d Session
S. 3241
[Report No. 112-172]
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2013, and
for other purposes.
_______________________________________________________________________
May 24, 2012
Read twice and placed on the calendar