II 

Calendar No. 179 

112TH CONGRESS 

1ST SESSION S. 1601 

[Report No. 112–85] 

Making appropriations for the Department of State, foreign operations, and 

related programs for the fiscal year ending September 30, 2012, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 22, 2011 

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, 2012, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of State, foreign operations, and related pro6 grams for the fiscal year ending September 30, 2012, and 

7 for other purposes, namely: 
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1 TITLE I 

2 DEPARTMENT OF STATE AND RELATED 

3 AGENCY 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Department of State 

9 and the Foreign Service not otherwise provided for, 

10 $6,877,500,000, of which $1,400,000,000 is for World11 wide Security Protection (to remain available until ex12 pended): Provided, That funds made available under this 

13 heading shall be allocated as follows: 

14 (1) HUMAN RESOURCES.—For necessary ex15 penses for training, human resources management, 

16 and salaries, including employment without regard 

17 to civil service and classification laws of persons on 

18 a temporary basis (not to exceed $700,000), as au19 thorized by section 801 of the United States Infor20 mation and Educational Exchange Act of 1948, 

21 $2,387,854,000, to remain available until September 

22 30, 2013, of which not less than $134,700,000 shall 

23 be available only for public diplomacy American sal24 aries, and $205,900,000 is for Worldwide Security 

25 Protection and shall remain available until expended. 
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1 (2) OVERSEAS PROGRAMS.—For necessary ex2 penses for the regional bureaus of the Department 

3 of State and overseas activities as authorized by law, 

4 $2,124,646,000, to remain available until September 

5 30, 2013, of which not less than $360,602,000 shall 

6 be available only for public diplomacy international 

7 information programs. 

8 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

9 necessary expenses for the functional bureaus of the 

10 Department of State including representation to cer11 tain international organizations in which the United 

12 States participates pursuant to treaties ratified pur13 suant to the advice and consent of the Senate or 

14 specific Acts of Congress, general administration, 

15 and arms control, nonproliferation and disarmament 

16 activities as authorized, $865,000,000, to remain 

17 available until September 30, 2013. 

18 (4) SECURITY PROGRAMS.—For necessary ex19 penses for security activities, $1,500,000,000, to re20 main available until September 30, 2013, of which 

21 $1,194,100,000 is for Worldwide Security Protection 

22 and shall remain available until expended. 

23 (5) FEES AND PAYMENTS COLLECTED.—In ad24 dition to amounts otherwise made available under 

25 this heading— 
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1 (A) not to exceed $1,753,991 shall be de2 rived from fees collected from other executive 

3 agencies for lease or use of facilities located at 

4 the International Center in accordance with sec5 tion 4 of the International Center Act, and, in 

6 addition, as authorized by section 5 of such 

7 Act, $520,150, to be derived from the reserve 

8 authorized by that section, to be used for the 

9 purposes set out in that section; 

10 (B) as authorized by section 810 of the 

11 United States Information and Educational Ex12 change Act, not to exceed $5,000,000, to re13 main available until expended, may be credited 

14 to this appropriation from fees or other pay15 ments received from English teaching, library, 

16 motion pictures, and publication programs and 

17 from fees from educational advising and coun18 seling and exchange visitor programs; and 

19 (C) not to exceed $15,000, which shall be 

20 derived from reimbursements, surcharges and 

21 fees for use of Blair House facilities. 

22 (6) TRANSFER, REPROGRAMMING, AND SPEND23 ING PLAN.— 

24 (A) Notwithstanding any provision of this 

25 Act, funds may be reprogrammed within and 
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1 between subsections under this heading subject 

2 to section 7015 of this Act. 

3 (B) Of the amount made available under 

4 this heading, not to exceed $10,000,000 may be 

5 transferred to, and merged with, funds made 

6 available by this Act under the heading ‘‘Emer7 gencies in the Diplomatic and Consular Serv8 ice’’, to be available only for emergency evacu9 ations and rewards, as authorized. 

10 (C) Funds appropriated under this heading 

11 are available for acquisition by exchange or pur12 chase of passenger motor vehicles as authorized 

13 by law and, pursuant to 31 U.S.C. 1108(g), for 

14 the field examination of programs and activities 

15 in the United States funded from any account 

16 contained in this title. 

17 CAPITAL INVESTMENT FUND

18 For necessary expenses of the Capital Investment 

19 Fund, $69,915,000, to remain available until expended, 

20 as authorized: Provided, That section 135(e) of Public 

21 Law 103–236 shall not apply to funds available under this 

22 heading. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses of the Office of Inspector 

25 General, $61,904,000, notwithstanding section 209(a)(1) 
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1 of the Foreign Service Act of 1980 (Public Law 96–465), 

2 as it relates to post inspections. 

3 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

4 For expenses of educational and cultural exchange 

5 programs, as authorized, $612,000,000, to remain avail6 able until expended: Provided, That not to exceed 

7 $5,000,000, to remain available until expended, may be 

8 credited to this appropriation from fees or other payments 

9 received from or in connection with English teaching, edu10 cational advising and counseling programs, and exchange 

11 visitor programs as authorized. 

12 REPRESENTATION ALLOWANCES

13 For representation allowances as authorized, 

14 $7,300,000. 

15 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

16 For expenses, not otherwise provided, to enable the 

17 Secretary of State to provide for extraordinary protective 

18 services, as authorized, $27,744,000, to remain available 

19 until September 30, 2013. 

20 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

21 For necessary expenses for carrying out the Foreign 

22 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre23 serving, maintaining, repairing, and planning for buildings 

24 that are owned or directly leased by the Department of 

25 State, renovating, in addition to funds otherwise available, 
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1 the Harry S Truman Building, and carrying out the Dip2 lomatic Security Construction Program as authorized, 

3 $795,000,000, to remain available until expended as au4 thorized, of which not to exceed $25,000 may be used for 

5 domestic and overseas representation as authorized: Pro6 vided, That none of the funds appropriated in this para7 graph shall be available for acquisition of furniture, fur8 nishings, or generators for other departments and agen9 cies. 

10 In addition, for the costs of worldwide security up11 grades, acquisition, and construction as authorized, 

12 $775,000,000, to remain available until expended: Pro13 vided, That not later than 45 days after enactment of this 

14 Act, the Secretary of State shall submit to the Committees 

15 on Appropriations the proposed allocation of funds made 

16 available under this heading and the actual and antici17 pated proceeds of sales for all projects in fiscal year 2012. 

18 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

19 SERVICE

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary expenses to enable the Secretary of 

22 State to meet unforeseen emergencies arising in the Diplo23 matic and Consular Service, $9,300,000, to remain avail24 able until expended as authorized, of which not to exceed 

25 $1,000,000 may be transferred to, and merged with, funds 
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1 appropriated by this Act under the heading ‘‘Repatriation 

2 Loans Program Account’’, subject to the same terms and 

3 conditions. 

4 REPATRIATION LOANS PROGRAM ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of direct loans, $1,447,000, as author7 ized, of which $710,000 may be made available for admin8 istrative expenses necessary to carry out the direct loan 

9 program and may be paid to ‘‘Diplomatic and Consular 

10 Programs’’: Provided, That such costs, including the cost 

11 of modifying such loans, shall be as defined in section 502 

12 of the Congressional Budget Act of 1974. 

13 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

14 For necessary expenses to carry out the Taiwan Rela15 tions Act (Public Law 96–8), $21,108,000. 

16 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

17 DISABILITY FUND

18 For payment to the Foreign Service Retirement and 

19 Disability Fund, as authorized, $158,900,000. 

20 INTERNATIONAL ORGANIZATIONS

21 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

22 For necessary expenses, not otherwise provided for, 

23 to meet annual obligations of membership in international 

24 multilateral organizations, pursuant to treaties ratified 

25 pursuant to the advice and consent of the Senate, conven-
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1 tions or specific Acts of Congress, $1,585,000,000: Pro2 vided, That the Secretary of State shall, at the time of 

3 the submission of the President’s budget to Congress 

4 under section 1105(a) of title 31, United States Code, 

5 transmit to the Committees on Appropriations the most 

6 recent biennial budget prepared by the United Nations for 

7 the operations of the United Nations: Provided further, 

8 That the Secretary of State shall notify the Committees 

9 on Appropriations of any United Nations action to in10 crease funding for any United Nations program without 

11 identifying an offsetting decrease elsewhere in the United 

12 Nations budget: Provided further, That notwithstanding 

13 any other provision of law, credits to United States as14 sessed contributions to the United Nations Tax Equali15 zation Fund should be used to offset other assessed con16 tributions to the United Nations, subject to the regular 

17 notification procedures of the Committees on Appropria18 tions: Provided further, That any payment of arrearages 

19 under this heading shall be directed toward activities that 

20 are mutually agreed upon by the United States and the 

21 respective international organization: Provided further, 

22 That none of the funds appropriated under this heading 

23 shall be available for a United States contribution to an 

24 international organization for the United States share of 

25 interest costs made known to the United States Govern-
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1 ment by such organization for loans incurred on or after 

2 October 1, 1984, through external borrowings. 

3 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

4 ACTIVITIES

5 For necessary expenses to pay assessed and other ex6 penses of international peacekeeping activities directed to 

7 the maintenance or restoration of international peace and 

8 security, $1,900,000,000, of which 15 percent shall re9 main available until September 30, 2013: Provided, That 

10 at least 15 days in advance of voting for a new or ex11 panded mission in the United Nations Security Council 

12 (or in an emergency as far in advance as is practicable): 

13 (1) the Committees on Appropriations shall be notified of 

14 the estimated cost and duration of the mission, the na15 tional interest that will be served, the exit strategy, and 

16 that the United Nations has taken appropriate measures 

17 to prevent United Nations employees, contractor per18 sonnel, and peacekeeping forces serving in the mission 

19 from trafficking in persons, exploiting victims of traf20 ficking, or committing acts of illegal sexual exploitation 

21 or other violations of human rights, and to hold account22 able individuals who engage in such acts while partici23 pating in the peacekeeping mission, including the prosecu24 tion in their home countries of such individuals in connec25 tion with such acts; and (2) notification pursuant to sec-
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1 tion 7015 of this Act is submitted, and the procedures 

2 therein followed, setting forth the source of funds that will 

3 be used to pay for the cost of the new or expanded mission: 

4 Provided further, That funds shall be available for peace5 keeping expenses unless the Secretary of State determines 

6 that American manufacturers and suppliers are not being 

7 given opportunities to provide equipment, services, and 

8 material for United Nations peacekeeping activities equal 

9 to those being given to foreign manufacturers and sup10 pliers: Provided further, That the Secretary of State shall 

11 work with the United Nations and governments contrib12 uting peacekeeping troops to develop effective vetting pro13 cedures to ensure that troops have not violated human 

14 rights: Provided further, That notwithstanding any other 

15 provision of law, credits to United States assessed con16 tributions to United Nations peacekeeping missions and 

17 to the United Nations Tax Equalization Fund should be 

18 used to offset other assessed contributions to the United 

19 Nations, subject to the regular notification procedures of 

20 the Committees on Appropriations. 

21 INTERNATIONAL COMMISSIONS

22 For necessary expenses, not otherwise provided for, 

23 to meet obligations of the United States arising under 

24 treaties, or specific Acts of Congress, as follows: 
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1 INTERNATIONAL BOUNDARY AND WATER COMMISSION, 

2 UNITED STATES AND MEXICO

3 For necessary expenses for the United States Section 

4 of the International Boundary and Water Commission, 

5 United States and Mexico, and to comply with laws appli6 cable to the United States Section, including not to exceed 

7 $6,000 for representation; as follows: 

8 SALARIES AND EXPENSES

9 For salaries and expenses, not otherwise provided for, 

10 $45,000,000. 

11 CONSTRUCTION

12 For detailed plan preparation and construction of au13 thorized projects, $29,862,000, to remain available until 

14 expended, as authorized. 

15 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

16 For necessary expenses, not otherwise provided, for 

17 the International Joint Commission and the International 

18 Boundary Commission, United States and Canada, as au19 thorized by treaties between the United States and Can20 ada or Great Britain, and the Border Environment Co21 operation Commission as authorized by Public Law 103– 

22 182, $11,687,000: Provided, That of the amount provided 

23 under this heading for the International Joint Commis24 sion, $9,000 may be made available for representation ex25 penses. 
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1 INTERNATIONAL FISHERIES COMMISSIONS

2 For necessary expenses for international fisheries 

3 commissions, not otherwise provided for, as authorized by 

4 law, $36,300,000: Provided, That the United States share 

5 of such expenses may be advanced to the respective com6 missions pursuant to 31 U.S.C. 3324. 

7 RELATED AGENCY 

8 BROADCASTING BOARD OF GOVERNORS

9 INTERNATIONAL BROADCASTING OPERATIONS

10 For necessary expenses to enable the Broadcasting 

11 Board of Governors (BBG), as authorized, to carry out 

12 international communication activities, and to make and 

13 supervise grants for radio and television broadcasting to 

14 the Middle East, $740,039,000: Provided, That of the 

15 total amount in this heading, not less than $2,500,000 

16 shall be used to expand unrestricted access to information 

17 on the Internet through the development and use of cir18 cumvention and secure communication technologies: Pro19 vided further, That the BBG shall coordinate the use of 

20 such technologies with the Secretary of State and the Ad21 ministrator of the United States Agency for International 

22 Development, as appropriate: Provided further, That the 

23 circumvention technologies and programs supported by 

24 funds made available by this Act or Public Law 112–10 

25 shall undergo a peer review, to include an assessment of 
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1 protections against such technologies being used for illicit 

2 purposes such as furthering the communications capabili3 ties of extremist groups or their supporters: Provided fur4 ther, That prior to obligation, the BBG shall submit to 

5 the Committees on Appropriations a report detailing 

6 planned expenditures for funds made available for such 

7 activities: Provided further, That not later than September 

8 30, 2012, the BBG shall submit a report to the Commit9 tees on Appropriations listing programs supported by the 

10 BBG to promote unrestricted access to information 

11 through the Internet, including an assessment of the re12 sults of such programs: Provided further, That of the total 

13 amount appropriated under this heading, not to exceed 

14 $16,000 may be used for official receptions within the 

15 United States as authorized, not to exceed $35,000 may 

16 be used for representation abroad as authorized, and not 

17 to exceed $39,000 may be used for official reception and 

18 representation expenses of Radio Free Europe/Radio Lib19 erty: Provided further, That the authority provided by sec20 tion 504(c) of the Foreign Relations Authorization Act, 

21 Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 6206 

22 note) shall remain in effect through September 30, 2012: 

23 Provided further, That the BBG shall notify the Commit24 tees on Appropriations within 15 days of any determina25 tion by the Board that any of its broadcast entities, in-
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1 cluding its grantee organizations, provides an open plat2 form for international terrorists or those who support 

3 international terrorism, or is in violation of the principles 

4 and standards set forth in the United States International 

5 Broadcasting Act of 1994 (22 U.S.C. 6202(a) and (b)) 

6 or the entity’s journalistic code of ethics: Provided further, 

7 That reductions and increases to BBG broadcast hours 

8 previously justified to Congress, including changes to 

9 transmission platforms (shortwave, medium wave, sat10 ellite, and television), for all BBG language services shall 

11 be subject to the regular notification procedures of the 

12 Committees on Appropriations: Provided further, That in 

13 addition to funds made available under this heading, and 

14 notwithstanding any other provision of law, up to 

15 $2,000,000 in receipts from advertising and revenue from 

16 business ventures, up to $500,000 in receipts from cooper17 ating international organizations, and up to $1,000,000 

18 in receipts from privatization efforts of the Voice of Amer19 ica and the International Broadcasting Bureau, to remain 

20 available until expended for carrying out authorized pur21 poses. 

22 BROADCASTING CAPITAL IMPROVEMENTS

23 For the purchase, rent, construction, and improve24 ment of facilities for radio and television transmission and 

25 reception, and purchase and installation of necessary 
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1 equipment for radio and television transmission and recep2 tion, including to Cuba, as authorized, $9,361,000, to re3 main available until expended, as authorized. 

4 RELATED PROGRAMS 

5 THE ASIA FOUNDATION

6 For a grant to The Asia Foundation, as authorized 

7 by The Asia Foundation Act (22 U.S.C. 4402), 

8 $17,000,000, to remain available until expended, as au9 thorized. 

10 UNITED STATES INSTITUTE OF PEACE

11 For necessary expenses of the United States Institute 

12 of Peace, as authorized by the United States Institute of 

13 Peace Act, $31,589,000, to remain available until Sep14 tember 30, 2012, which shall not be used for construction 

15 activities. 

16 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

17 TRUST FUND

18 For necessary expenses of the Center for Middle 

19 Eastern-Western Dialogue Trust Fund, as authorized by 

20 section 633 of the Departments of Commerce, Justice, and 

21 State, the Judiciary, and Related Agencies Appropriations 

22 Act, 2004 (22 U.S.C. 2078), the total amount of the inter23 est and earnings accruing to such Fund on or before Sep24 tember 30, 2012, to remain available until expended. 
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1 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

2 For necessary expenses of Eisenhower Exchange Fel3 lowships, Incorporated, as authorized by sections 4 and 

4 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

5 U.S.C. 5204–5205), all interest and earnings accruing to 

6 the Eisenhower Exchange Fellowship Program Trust 

7 Fund on or before September 30, 2012, to remain avail8 able until expended: Provided, That none of the funds ap9 propriated herein shall be used to pay any salary or other 

10 compensation, or to enter into any contract providing for 

11 the payment thereof, in excess of the rate authorized by 

12 5 U.S.C. 5376; or for purposes which are not in accord13 ance with OMB Circulars A–110 (Uniform Administrative 

14 Requirements) and A–122 (Cost Principles for Non-profit 

15 Organizations), including the restrictions on compensation 

16 for personal services. 

17 ISRAELI ARAB SCHOLARSHIP PROGRAM

18 For necessary expenses of the Israeli Arab Scholar19 ship Program, as authorized by section 214 of the Foreign 

20 Relations Authorization Act, Fiscal Years 1992 and 1993 

21 (22 U.S.C. 2452), all interest and earnings accruing to 

22 the Israeli Arab Scholarship Fund on or before September 

23 30, 2012, to remain available until expended. 
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1 EAST-WEST CENTER

2 To enable the Secretary of State to provide for car3 rying out the provisions of the Center for Cultural and 

4 Technical Interchange Between East and West Act of 

5 1960, by grant to the Center for Cultural and Technical 

6 Interchange Between East and West in the State of Ha7 waii, $16,700,000: Provided, That none of the funds ap8 propriated herein shall be used to pay any salary, or enter 

9 into any contract providing for the payment thereof, in 

10 excess of the rate authorized by 5 U.S.C. 5376. 

11 NATIONAL ENDOWMENT FOR DEMOCRACY

12 For grants made by the Department of State to the 

13 National Endowment for Democracy, as authorized by the 

14 National Endowment for Democracy Act, $117,764,000, 

15 to remain available until expended, of which $100,000,000 

16 shall be allocated in the traditional and customary man17 ner, including for the core institutes, and $25,000,000 

18 shall be for democracy, human rights, and rule of law pro19 grams: Provided, That the President of the National En20 dowment for Democracy shall submit to the Committees 

21 on Appropriations not later than 45 days after the date 

22 of enactment of this Act a report on the proposed uses 

23 of funds under this heading on a regional and country 

24 basis. 
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1 OTHER COMMISSIONS 

2 COMMISSION FOR THE PRESERVATION OF AMERICA’S

3 HERITAGE ABROAD

4 SALARIES AND EXPENSES

5 For necessary expenses for the Commission for the 

6 Preservation of America’s Heritage Abroad, $656,000, as 

7 authorized by section 1303 of Public Law 99–83. 

8 UNITED STATES COMMISSION ON INTERNATIONAL

9 RELIGIOUS FREEDOM

10 SALARIES AND EXPENSES

11 For necessary expenses for the United States Com12 mission on International Religious Freedom, as authorized 

13 by title II of the International Religious Freedom Act of 

14 1998 (Public Law 105–292), $4,291,000, to remain avail15 able until September 30, 2013: Provided, That notwith16 standing the expenditure limitation specified in section 

17 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Com18 mission may expend up to $250,000 of the funds made 

19 available under this heading to procure temporary and 

20 intermittent services under the authority of section 

21 3109(b) of title 5, United States Code. 
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1 COMMISSION ON SECURITY AND COOPERATION IN

2 EUROPE

3 SALARIES AND EXPENSES

4 For necessary expenses of the Commission on Secu5 rity and Cooperation in Europe, as authorized by Public 

6 Law 94–304, $2,715,000, to remain available until Sep7 tember 30, 2013. 

8 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

9 PEOPLE’S REPUBLIC OF CHINA

10 SALARIES AND EXPENSES

11 For necessary expenses of the Congressional-Execu12 tive Commission on the People’s Republic of China, as au13 thorized by title III of the U.S.-China Relations Act of 

14 2000 (22 U.S.C. 6911–6919), $1,996,000, including not 

15 more than $3,000 for the purpose of official representa16 tion, to remain available until September 30, 2013. 

17 UNITED STATES-CHINA ECONOMIC AND SECURITY

18 REVIEW COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the United States-China 

21 Economic and Security Review Commission, as authorized 

22 by section 1238 of the Floyd D. Spence National Defense 

23 Authorization Act for Fiscal Year 2001 (22 U.S.C. 7002), 

24 $3,493,000, including not more than $4,000 for the pur25 pose of official representation, to remain available until 
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1 September 30, 2013: Provided, That the second through 

2 sixth provisos under this heading in division F of Public 

3 Law 111–117 shall continue in effect during fiscal year 

4 2012 and shall apply as if part of this Act. 

5 TITLE II 

6 UNITED STATES AGENCY FOR INTERNATIONAL 

7 DEVELOPMENT 

8 FUNDS APPROPRIATED TO THE PRESIDENT

9 OPERATING EXPENSES

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the provisions 

12 of section 667 of the Foreign Assistance Act of 1961, 

13 $1,251,000,000, to remain available until September 30, 

14 2013: Provided, That none of the funds appropriated 

15 under this heading and under the heading ‘‘Capital Invest16 ment Fund’’ in this title may be made available to finance 

17 the construction (including architect and engineering serv18 ices), purchase, or long-term lease of offices for use by 

19 the United States Agency for International Development 

20 (USAID), unless the USAID Administrator has identified 

21 such proposed use of funds in a report submitted to the 

22 Committees on Appropriations at least 15 days prior to 

23 the obligation of funds for such purposes: Provided fur24 ther, That contracts or agreements entered into with funds 

25 appropriated under this heading may entail commitments 
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1 for the expenditure of such funds through the following 

2 fiscal year: Provided further, That any decision to open 

3 a new USAID mission, bureau, center, or office or, except 

4 where there is a substantial security risk to mission per5 sonnel, to close or significantly reduce the number of per6 sonnel of any such mission or office, shall be subject to 

7 the regular notification procedures of the Committees on 

8 Appropriations: Provided further, That the authority of 

9 sections 610 and 109 of the Foreign Assistance Act of 

10 1961 may be exercised by the Secretary of State to trans11 fer funds appropriated to carry out chapter 1 of part I 

12 of such Act to ‘‘Operating Expenses’’ in accordance with 

13 the provisions of those sections: Provided further, That any 

14 reprogramming of funds in excess of $1,000,000 or 10 

15 percent, whichever is less, to the cost categories in the 

16 table included under this heading in the report accom17 panying this Act for funds appropriated under this head18 ing, shall be subject to the regular notification procedures 

19 of the Committees on Appropriations: Provided further, 

20 That of the funds appropriated or made available under 

21 this heading, not to exceed $250,000 may be available for 

22 representation and entertainment allowances, of which not 

23 to exceed $5,000 may be available for entertainment allow24 ances, for USAID during the current fiscal year: Provided 

25 further, That no such entertainment funds may be used 
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1 for the purposes listed in section 7020 of this Act: Pro2 vided further, That appropriate steps shall be taken to as3 sure that, to the maximum extent possible, United States4 owned foreign currencies are utilized in lieu of dollars. 

5 CAPITAL INVESTMENT FUND

6 For necessary expenses for overseas construction and 

7 related costs, and for the procurement and enhancement 

8 of information technology and related capital investments, 

9 pursuant to section 667 of the Foreign Assistance Act of 

10 1961, $137,000,000, to remain available until expended: 

11 Provided, That this amount is in addition to funds other12 wise available for such purposes: Provided further, That 

13 funds appropriated under this heading shall be available 

14 for obligation only pursuant to the regular notification 

15 procedures of the Committees on Appropriations. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses to carry out the provisions 

18 of section 667 of the Foreign Assistance Act of 1961, 

19 $49,000,000, to remain available until September 30, 

20 2013, which sum shall be available for the Office of In21 spector General of the United States Agency for Inter22 national Development. 
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1 TITLE III 

2 BILATERAL ECONOMIC ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 For necessary expenses to enable the President to 

5 carry out the provisions of the Foreign Assistance Act of 

6 1961, and for other purposes, to remain available until 

7 September 30, 2012, unless otherwise specified herein, as 

8 follows: 

9 GLOBAL HEALTH PROGRAMS

10 (INCLUDING TRANSFER OF FUNDS)

11 For necessary expenses to carry out the provisions 

12 of chapters 1 and 10 of part I of the Foreign Assistance 

13 Act of 1961, for global health activities, in addition to 

14 funds otherwise available for such purposes, 

15 $2,657,500,000, to remain available until September 30, 

16 2013, and which shall be apportioned directly to the 

17 United States Agency for International Development 

18 (USAID): Provided, That this amount shall be made avail19 able for training, equipment, and technical assistance to 

20 build the capacity of public health institutions and organi21 zations in developing countries, and for such activities as: 

22 (1) child survival and maternal health programs; (2) im23 munization and oral rehydration programs; (3) other 

24 health, nutrition, water and sanitation programs which di25 rectly address the needs of mothers and children, and re-
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1 lated education programs; (4) assistance for children dis2 placed or orphaned by causes other than AIDS; (5) pro3 grams for the prevention, treatment, control of, and re4 search on HIV/AIDS, tuberculosis, polio, malaria, and 

5 other infectious diseases including neglected tropical dis6 eases, and for assistance to communities severely affected 

7 by HIV/AIDS, including children infected or affected by 

8 AIDS; and (6) family planning/reproductive health: Pro9 vided further, That funds appropriated under this para10 graph shall be made available for a United States con11 tribution to the GAVI Alliance: Provided further, That 

12 none of the funds made available in this Act nor any unob13 ligated balances from prior appropriations Acts may be 

14 made available to any organization or program which, as 

15 determined by the President of the United States, sup16 ports or participates in the management of a program of 

17 coercive abortion or involuntary sterilization: Provided fur18 ther, That any determination made under the previous 

19 proviso must be made no later than 6 months after enact20 ment of this Act, and must be accompanied by the evi21 dence and criteria utilized to make the determination: Pro22 vided further, That none of the funds made available under 

23 this Act may be used to pay for the performance of abor24 tion as a method of family planning or to motivate or co25 erce any person to practice abortions: Provided further, 
26 

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1 That nothing in this paragraph shall be construed to alter 

2 any existing statutory prohibitions against abortion under 

3 section 104 of the Foreign Assistance Act of 1961: Pro4 vided further, That none of the funds made available under 

5 this Act may be used to lobby for or against abortion: Pro6 vided further, That the ninth and tenth provisos under this 

7 heading in the Consolidated Appropriations Act, 2010 

8 (Public Law 111–117) shall apply to funds appropriated 

9 under this heading in this Act: Provided further, That for 

10 purposes of this or any other Act authorizing or appro11 priating funds for the Department of State, foreign oper12 ations, and related programs, the term ‘‘motivate’’, as it 

13 relates to family planning assistance, shall not be con14 strued to prohibit the provision, consistent with local law, 

15 of information or counseling about all pregnancy options: 

16 Provided further, That information provided about the use 

17 of condoms as part of projects or activities that are funded 

18 from amounts appropriated by this Act shall be medically 

19 accurate and shall include the public health benefits and 

20 failure rates of such use. 

21 In addition, for necessary expenses to carry out the 

22 provisions of the Foreign Assistance Act of 1961 for the 

23 prevention, treatment, and control of, and research on, 

24 HIV/AIDS, $5,250,000,000, to remain available until 

25 September 30, 2015, which shall be apportioned directly 
27 

•S 1601 PCS

1 to the Department of State: Provided, That of the funds 

2 appropriated under this paragraph, not less than 

3 $750,000,000 shall be made available, notwithstanding 

4 any other provision of law, except for the United States 

5 Leadership Against HIV/AIDS, Tuberculosis and Malaria 

6 Act of 2003 (Public Law 108–25), as amended, for a 

7 United States contribution to the Global Fund to Fight 

8 AIDS, Tuberculosis and Malaria (Global Fund), and shall 

9 be expended at the minimum rate necessary to make time10 ly payment for projects and activities: Provided further, 

11 That up to 5 percent of the aggregate amount of funds 

12 made available to the Global Fund in fiscal year 2012 may 

13 be made available to USAID for technical assistance re14 lated to the activities of the Global Fund: Provided further, 

15 That of the funds appropriated under this paragraph, up 

16 to $14,250,000 may be made available, in addition to 

17 amounts otherwise available for such purposes, for admin18 istrative expenses of the Office of the United States Global 

19 AIDS Coordinator. 

20 DEVELOPMENT ASSISTANCE

21 For necessary expenses to carry out the provisions 

22 of sections 103, 105, 106, 214, and sections 251 through 

23 255, and chapter 10 of part I of the Foreign Assistance 

24 Act of 1961, $2,550,000,000, to remain available until 

25 September 30, 2013: Provided, That relevant bureaus and 
28 

•S 1601 PCS

1 offices of the United States Agency for International De2 velopment (USAID) that support cross-cutting develop3 ment programs shall coordinate such programs on a reg4 ular basis: Provided further, That funds appropriated by 

5 this Act shall be made available for water and sanitation 

6 supply projects pursuant to the Paul Simon Water for the 

7 Poor Act of 2005 (Public Law 109–121): Provided further, 

8 That funds appropriated by this Act for food security and 

9 agricultural development programs may be made available 

10 notwithstanding any other provision of law and shall be 

11 made available for a United States contribution to the en12 dowment of the Global Crop Diversity Trust pursuant to 

13 section 3202 of Public Law 110–246: Provided further, 

14 That funds appropriated under this heading shall be made 

15 available for programs to improve women’s leadership ca16 pacity in recipient countries. 

17 INTERNATIONAL DISASTER ASSISTANCE

18 For necessary expenses to carry out the provisions 

19 of section 491 of the Foreign Assistance Act of 1961 for 

20 international disaster relief, rehabilitation, and recon21 struction assistance, $850,000,000, to remain available 

22 until expended. 

23 TRANSITION INITIATIVES

24 For necessary expenses for international disaster re25 habilitation and reconstruction assistance pursuant to sec-
29 

•S 1601 PCS

1 tion 491 of the Foreign Assistance Act of 1961, 

2 $55,000,000, to remain available until expended, to sup3 port transition to democracy and to long-term develop4 ment of countries in crisis: Provided, That such support 

5 may include assistance to develop, strengthen, or preserve 

6 democratic institutions and processes, revitalize basic in7 frastructure, and foster the peaceful resolution of conflict: 

8 Provided further, That the United States Agency for Inter9 national Development shall submit a report to the Com10 mittees on Appropriations at least 5 days prior to begin11 ning a new program of assistance: Provided further, That 

12 if the Secretary of State determines that it is important 

13 to the national interests of the United States to provide 

14 transition assistance in excess of the amount appropriated 

15 under this heading, up to $15,000,000 of the funds appro16 priated by this Act to carry out the provisions of part I 

17 of the Foreign Assistance Act of 1961 may be used for 

18 purposes of this heading and under the authorities appli19 cable to funds appropriated under this heading: Provided 

20 further, That funds made available pursuant to the pre21 vious proviso shall be made available subject to prior con22 sultation with the Committees on Appropriations. 

23 COMPLEX CRISES FUND

24 For necessary expenses to carry out the provisions 

25 of the Foreign Assistance Act of 1961 to enable the Ad-
30 

•S 1601 PCS

1 ministrator of the United States Agency for International 

2 Development (USAID), with the concurrence of the Sec3 retary of State, to support programs and activities to pre4 vent or respond to emerging or unforeseen complex crises 

5 overseas, $30,000,000, to remain available until expended: 

6 Provided, That the administrative authorities of the For7 eign Assistance Act of 1961 shall be applicable to funds 

8 appropriated under this heading: Provided further, That 

9 funds appropriated under this heading may be made avail10 able on such terms and conditions as the USAID Adminis11 trator may determine, in consultation with the Committees 

12 on Appropriations, for the purposes of preventing or re13 sponding to such crises, except that no funds shall be 

14 made available to respond to natural disasters: Provided 

15 further, That funds appropriated under this heading shall 

16 be made available notwithstanding section 10 of Public 

17 Law 91–672 and section 15 of the State Department 

18 Basic Authorities Act of 1956: Provided further, That 

19 funds appropriated under this heading may be made avail20 able notwithstanding any other provision of law, except 

21 sections 7007, 7008, and 7018 of this Act: Provided fur22 ther, That funds appropriated under this heading shall be 

23 subject to the regular notification procedures of the Com24 mittees on Appropriations, except that such notifications 
31 

•S 1601 PCS

1 shall be transmitted at least 5 days in advance of the obli2 gation of funds. 

3 DEVELOPMENT CREDIT AUTHORITY

4 (INCLUDING TRANSFER OF FUNDS)

5 For the cost of direct loans and loan guarantees pro6 vided by the United States Agency for International De7 velopment, as authorized by sections 256 and 635 of the 

8 Foreign Assistance Act of 1961, up to $50,000,000 may 

9 be derived by transfer from funds appropriated by this Act 

10 to carry out part I of such Act and under the heading 

11 ‘‘Assistance for Europe, Eurasia and Central Asia’’: Pro12 vided, That funds provided under this paragraph and 

13 funds provided as a gift pursuant to section 635(d) of the 

14 Foreign Assistance Act of 1961 shall be made available 

15 only for micro and small enterprise programs, urban pro16 grams, and other programs which further the purposes of 

17 part I of such Act: Provided further, That such costs, in18 cluding the cost of modifying such direct and guaranteed 

19 loans, shall be as defined in section 502 of the Congres20 sional Budget Act of 1974, as amended: Provided further, 

21 That funds made available by this paragraph may be used 

22 for the cost of modifying any such guaranteed loans under 

23 this Act or prior Acts, and funds used for such costs shall 

24 be subject to the regular notification procedures of the 

25 Committees on Appropriations: Provided further, That the 
32 

•S 1601 PCS

1 provisions of section 107A(d) (relating to general provi2 sions applicable to the Development Credit Authority) of 

3 the Foreign Assistance Act of 1961, as contained in sec4 tion 306 of H.R. 1486 as reported by the House Com5 mittee on International Relations on May 9, 1997, shall 

6 be applicable to direct loans and loan guarantees provided 

7 under this heading, except that the principal amount of 

8 loans made or guaranteed under this heading with respect 

9 to any single country or borrower shall not exceed 

10 $300,000,000: Provided further, That these funds are 

11 available to subsidize total loan principal, any portion of 

12 which is to be guaranteed, of up to $1,000,000,000. 

13 In addition, for administrative expenses to carry out 

14 credit programs administered by the United States Agency 

15 for International Development, $8,300,000, which may be 

16 transferred to, and merged with, funds made available 

17 under the heading ‘‘Operating Expenses’’ in title II of this 

18 Act: Provided, That funds made available under this head19 ing shall remain available until September 30, 2014. 

20 ECONOMIC SUPPORT FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the provisions 

23 of chapter 4 of part II of the Foreign Assistance Act of 

24 1961, $4,378,560,000, to remain available until Sep25 tember 30, 2013: Provided, That of the funds appro-
33 

•S 1601 PCS

1 priated under this heading, up to $250,000,000 shall be 

2 available for assistance for Egypt, which shall be for pro3 grams and activities (including to implement sections 

4 7039(a)(3) and (b) of this Act) to reduce poverty and cre5 ate jobs, strengthen democracy, and protect human rights, 

6 including not less than $35,000,000 for education pro7 grams of which not less than $10,000,000 is for scholar8 ships at not-for-profit institutions for Egyptian students 

9 with high financial need: Provided further, That funds ap10 propriated under this heading that are made available for 

11 assistance for Cyprus shall be used only for scholarships, 

12 administrative support of the scholarship program, 

13 bicommunal projects, and measures aimed at reunification 

14 of the island and designed to reduce tensions and promote 

15 peace and cooperation between the two communities on 

16 Cyprus: Provided further, That $12,000,000 of the funds 

17 made available for assistance for Lebanon under this 

18 heading shall be for scholarships at not-for-profit institu19 tions for students in Lebanon with high financial need: 

20 Provided further, That of the funds appropriated under 

21 this heading, not less than $360,000,000 shall be available 

22 for assistance for Jordan, including for programs and ac23 tivities to reduce poverty and create jobs, strengthen de24 mocracy, and protect human rights: Provided further, That 

25 up to $30,000,000 of the funds appropriated for fiscal 
34 

•S 1601 PCS

1 year 2011 under this heading in Public Law 112–10, divi2 sion B, may be made available for the costs, as defined 

3 in section 502 of the Congressional Budget Act of 1974, 

4 of loan guarantees for Tunisia, which are authorized to 

5 be provided: Provided further, That amounts that are 

6 made available under the previous proviso for the cost of 

7 guarantees shall not be considered ‘‘assistance’’ for the 

8 purposes of provisions of law limiting assistance to a coun9 try: Provided further, That none of the funds appropriated 

10 under this heading may be made available for the Pales11 tinian Authority if Palestine becomes a member or non12 member state of the United Nations outside of an agree13 ment negotiated between Israel and the Palestinians: Pro14 vided further, That the Secretary may waive the previous 

15 proviso if the Secretary certifies to the Committees on Ap16 propriations that to do so is in the national security inter17 ests of the United States: Provided further, That of the 

18 funds appropriated under this heading, $179,000,000 

19 shall be apportioned directly to the United States Agency 

20 for International Development for alternative develop21 ment/institution building programs in Colombia: Provided 

22 further, That of the funds appropriated under this heading 

23 that are available for assistance for Colombia, not less 

24 than $8,000,000 shall be transferred to, and merged with, 

25 funds appropriated under the heading ‘‘Migration and 
35 

•S 1601 PCS

1 Refugee Assistance’’ and shall be made available only for 

2 assistance to nongovernmental and international organiza3 tions that provide assistance to Colombian refugees in 

4 neighboring countries: Provided further, That of the funds 

5 appropriated under this heading, $15,000,000 may be 

6 made available for assistance for Cuba, including humani7 tarian and democracy assistance, support for economic re8 form, private sector initiatives, and human rights. 

9 DEMOCRACY FUND

10 For necessary expenses to carry out the provisions 

11 of the Foreign Assistance Act of 1961 for the promotion 

12 of democracy globally, $114,770,000, to remain available 

13 until September 30, 2013, of which $70,910,000 shall be 

14 made available for the Human Rights and Democracy 

15 Fund of the Bureau of Democracy, Human Rights and 

16 Labor, Department of State, and $43,860,000 shall be 

17 made available for the Office of Democracy and Govern18 ance of the Bureau for Democracy, Conflict, and Humani19 tarian Assistance, United States Agency for International 

20 Development. 

21 ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA

22 For necessary expenses to carry out the provisions 

23 of the Foreign Assistance Act of 1961, the FREEDOM 

24 Support Act, and the Support for East European Democ25 racy (SEED) Act of 1989, $626,718,000, to remain avail-
36 

•S 1601 PCS

1 able until September 30, 2013, which shall be available, 

2 notwithstanding any other provision of law, for assistance 

3 and for related programs for countries identified in section 

4 3 of the FREEDOM Support Act and section 3(c) of the 

5 SEED Act: Provided, That funds appropriated under this 

6 heading shall be considered to be economic assistance 

7 under the Foreign Assistance Act of 1961 for purposes 

8 of making available the administrative authorities con9 tained in that Act for the use of economic assistance: Pro10 vided further, That funds made available for the Southern 

11 Caucasus region may be used for confidence-building 

12 measures and other activities in furtherance of the peace13 ful resolution of conflicts, including in Nagorno-Karabakh: 

14 Provided further, That of the funds appropriated under 

15 this heading, not less than $7,000,000 shall be made avail16 able for humanitarian, conflict mitigation, human rights, 

17 civil society, and relief and reconstruction assistance for 

18 the North Caucasus. 

19 DEPARTMENT OF STATE

20 MIGRATION AND REFUGEE ASSISTANCE

21 For necessary expenses not otherwise provided for, 

22 to enable the Secretary of State to carry out the provisions 

23 of section 2(a) and (b) of the Migration and Refugee As24 sistance Act of 1962, and other activities to meet refugee 

25 and migration needs; salaries and expenses of personnel 
37 

•S 1601 PCS

1 and dependents as authorized by the Foreign Service Act 

2 of 1980; allowances as authorized by sections 5921 

3 through 5925 of title 5, United States Code; purchase and 

4 hire of passenger motor vehicles; and services as author5 ized by section 3109 of title 5, United States Code, 

6 $1,700,000,000, to remain available until expended, of 

7 which $20,000,000 shall be made available for refugees 

8 resettling in Israel, and not less than $35,000,000 shall 

9 be made available to respond to small-scale emergency hu10 manitarian requirements of international and nongovern11 mental partners. 

12 INDEPENDENT AGENCIES

13 PEACE CORPS

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses to carry out the provisions 

16 of the Peace Corps Act (22 U.S.C. 2501–2523), including 

17 the purchase of not to exceed five passenger motor vehicles 

18 for administrative purposes for use outside of the United 

19 States, $375,000,000, of which $5,000,000 is for the Of20 fice of Inspector General, to remain available until Sep21 tember 30, 2013: Provided, That the Director of the Peace 

22 Corps may transfer to the Foreign Currency Fluctuations 

23 Account, as authorized by 22 U.S.C. 2515, an amount not 

24 to exceed $5,000,000: Provided further, That funds trans25 ferred pursuant to the previous proviso may not be derived 
38 

•S 1601 PCS

1 from amounts made available for Peace Corps overseas op2 erations: Provided further, That of the funds appropriated 

3 under this heading, not to exceed $4,000 may be made 

4 available for entertainment expenses: Provided further, 

5 That not later than 45 days after enactment of this Act, 

6 the Director shall submit a spending plan to the Commit7 tees on Appropriations on the proposed uses of funds 

8 under this heading: Provided further, That none of the 

9 funds appropriated under this heading may be used to pay 

10 for abortions, except when the life of the mother would 

11 be endangered if the fetus were carried to term, or the 

12 pregnancy is the result of an act of rape or incest. 

13 MILLENNIUM CHALLENGE CORPORATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses to carry out the provisions 

16 of the Millennium Challenge Act of 2003, $898,200,000 

17 to remain available until expended: Provided, That of the 

18 funds appropriated under this heading, up to 

19 $105,000,000 may be available for administrative ex20 penses of the Millennium Challenge Corporation (the Cor21 poration): Provided further, That up to 5 percent of the 

22 funds appropriated under this heading may be made avail23 able to carry out the purposes of section 616 of the Millen24 nium Challenge Act of 2003 for fiscal year 2012: Provided 

25 further, That section 605(e)(4) of the Millennium Chal-
39 

•S 1601 PCS

1 lenge Act of 2003 shall apply to funds appropriated under 

2 this heading: Provided further, That funds appropriated 

3 under this heading may be made available for a Millen4 nium Challenge Compact entered into pursuant to section 

5 609 of the Millennium Challenge Act of 2003 only if such 

6 Compact obligates, or contains a commitment to obligate 

7 subject to the availability of funds and the mutual agree8 ment of the parties to the Compact to proceed, the entire 

9 amount of the United States Government funding antici10 pated for the duration of the Compact: Provided further, 

11 That the Chief Executive Officer of the Corporation shall 

12 notify the Committees on Appropriations not later than 

13 15 days prior to signing any new country compact or new 

14 threshold country program; terminating or suspending any 

15 country compact or threshold country program; or com16 mencing negotiations for any new compact or threshold 

17 country program: Provided further, That funds appro18 priated by this Act or any prior Act appropriating funds 

19 for the Department of State, foreign operations, and re20 lated programs that are made available for a Millennium 

21 Challenge Compact and that are suspended or terminated 

22 by the Chief Executive Officer of the Corporation shall 

23 be subject to the regular notification procedures of the 

24 Committees on Appropriations prior to re-obligation: Pro25 vided further, That none of the funds appropriated by this 
40 

•S 1601 PCS

1 Act and prior Acts making appropriations for the Depart2 ment of State, foreign operations, and related programs 

3 under this heading may be used for military assistance 

4 or military training, including for assistance for military 

5 or paramilitary purposes and for assistance to military 

6 forces: Provided further, That of the funds appropriated 

7 under this heading, not to exceed $100,000 may be avail8 able for representation and entertainment allowances, of 

9 which not to exceed $5,000 may be available for entertain10 ment allowances. 

11 INTER-AMERICAN FOUNDATION

12 For necessary expenses to carry out the functions of 

13 the Inter-American Foundation in accordance with the 

14 provisions of section 401 of the Foreign Assistance Act 

15 of 1969, $22,500,000, to remain available until September 

16 30, 2013: Provided, That of the funds appropriated under 

17 this heading, not to exceed $2,000 may be available for 

18 entertainment and representation allowances. 

19 AFRICAN DEVELOPMENT FOUNDATION

20 For necessary expenses to carry out title V of the 

21 International Security and Development Cooperation Act 

22 of 1980 (Public Law 96–533), $30,000,000, to remain 

23 available until September 30, 2013: Provided, That funds 

24 made available to grantees may be invested pending ex25 penditure for project purposes when authorized by the 
41 

•S 1601 PCS

1 Board of Directors of the Foundation: Provided further, 

2 That interest earned shall be used only for the purposes 

3 for which the grant was made: Provided further, That not4 withstanding section 505(a)(2) of the African Develop5 ment Foundation Act, in exceptional circumstances the 

6 Board of Directors of the Foundation may waive the 

7 $250,000 limitation contained in that section with respect 

8 to a project and a project may exceed the limitation by 

9 up to 10 percent if the increase is due solely to foreign 

10 currency fluctuation: Provided further, That the Founda11 tion shall provide a report to the Committees on Appro12 priations after each time such waiver authority is exer13 cised. 

14 DEPARTMENT OF THE TREASURY

15 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

16 For necessary expenses to carry out the provisions 

17 of section 129 of the Foreign Assistance Act of 1961, 

18 $27,000,000, to remain available until September 30, 

19 2013, which shall be available notwithstanding any other 

20 provision of law. 

21 DEBT RESTRUCTURING

22 For the cost, as defined in section 502 of the Con23 gressional Budget Act of 1974, of modifying loans and 

24 loan guarantees, as the President may determine, for 

25 which funds have been appropriated or otherwise made 
42 

•S 1601 PCS

1 available for programs within the International Affairs 

2 Budget Function 150, including the cost of selling, reduc3 ing, or canceling amounts owed to the United States as 

4 a result of concessional loans made to eligible countries, 

5 pursuant to part V of the Foreign Assistance Act of 1961, 

6 $15,000,000, to remain available until September 30, 

7 2013. 

8 TITLE IV 

9 INTERNATIONAL SECURITY ASSISTANCE 

10 DEPARTMENT OF STATE

11 INTERNATIONAL NARCOTICS CONTROL AND LAW

12 ENFORCEMENT

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses to carry out section 481 of 

15 the Foreign Assistance Act of 1961, $1,056,000,000, to 

16 remain available until September 30, 2013: Provided, 

17 That during fiscal year 2012, the Department of State 

18 may also use the authority of section 608 of the Foreign 

19 Assistance Act of 1961, without regard to its restrictions, 

20 to receive excess property from an agency of the United 

21 States Government for the purpose of providing it to a 

22 foreign country or international organization under chap23 ter 8 of part I of that Act subject to the regular notifica24 tion procedures of the Committees on Appropriations: Pro25 vided further, That the Secretary of State shall provide 
43 

•S 1601 PCS

1 to the Committees on Appropriations not later than 45 

2 days after the date of enactment of this Act and prior 

3 to the initial obligation of funds appropriated under this 

4 heading, a report on the proposed uses of all funds under 

5 this heading on a country-by-country basis for each pro6 posed program, project, or activity: Provided further, That 

7 section 482(b) of the Foreign Assistance Act of 1961 shall 

8 not apply to funds appropriated under this heading: Pro9 vided further, That assistance provided with funds appro10 priated under this heading that is made available notwith11 standing section 482(b) of the Foreign Assistance Act of 

12 1961 shall be made available subject to the regular notifi13 cation procedures of the Committees on Appropriations: 

14 Provided further, That notwithstanding any provision of 

15 this or any other Act, funds appropriated in prior years 

16 under the headings ‘‘Andean Counterdrug Initiative’’ and 

17 ‘‘Andean Counterdrug Program’’ shall be available for use 

18 in any country for which funds may be made available 

19 under this heading without regard to the geographic or 

20 purpose limitations under which such funds were origi21 nally appropriated, subject to the regular notification pro22 cedures of the Committees on Appropriations: Provided 

23 further, That, notwithstanding any other provision of law, 

24 of the funds appropriated under this heading, $5,000,000 

25 should be made available to combat piracy of United 
44 

•S 1601 PCS

1 States copyrighted materials, consistent with the require2 ments of section 688(a) and (b) of the Department of 

3 State, Foreign Operations, and Related Programs Appro4 priations Act, 2008 (division J of Public Law 110–161): 

5 Provided further, That not later than 90 days after enact6 ment of this Act, the Secretary of State shall submit a 

7 report to the Committees on Appropriations detailing the 

8 operation and maintenance costs of aircraft utilized in 

9 Iraq in support of programs funded under this heading, 

10 a justification for not including such costs under the head11 ing ‘‘Diplomatic and Consular Programs’’, and estimates 

12 for overhead costs associated with the Stabilization Oper13 ations and Security Sector Reform program: Provided fur14 ther, That the concurrence of the Secretary of State shall 

15 be required for the provision of assistance which is com16 parable to assistance made available under this heading 

17 but which is provided under any other provision of law. 

18 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

19 RELATED PROGRAMS

20 For necessary expenses for nonproliferation, anti-ter21 rorism, demining and related programs and activities, 

22 $685,500,000, to carry out the provisions of chapter 8 of 

23 part II of the Foreign Assistance Act of 1961 for anti24 terrorism assistance, chapter 9 of part II of the Foreign 

25 Assistance Act of 1961, section 504 of the FREEDOM 
45 

•S 1601 PCS

1 Support Act, section 23 of the Arms Export Control Act 

2 or the Foreign Assistance Act of 1961 for demining activi3 ties, the clearance of unexploded ordnance, the destruction 

4 of small arms, and related activities, notwithstanding any 

5 other provision of law, including activities implemented 

6 through nongovernmental and international organizations, 

7 and section 301 of the Foreign Assistance Act of 1961 

8 for a voluntary contribution to the International Atomic 

9 Energy Agency (IAEA), and for a United States contribu10 tion to the Comprehensive Nuclear Test Ban Treaty Pre11 paratory Commission: Provided, That the clearance of 

12 unexploded ordnance should prioritize areas where such 

13 ordnance was caused by the United States: Provided fur14 ther, That of the funds made available under this heading, 

15 not to exceed $30,000,000, to remain available until ex16 pended, may be made available for the Nonproliferation 

17 and Disarmament Fund, notwithstanding any other provi18 sion of law and subject to prior consultation with, and the 

19 regular notification procedures of, the Committees on Ap20 propriations, to promote bilateral and multilateral activi21 ties relating to nonproliferation, disarmament and weap22 ons destruction: Provided further, That such funds may 

23 also be used for such countries other than the Independent 

24 States of the former Soviet Union and international orga25 nizations when it is in the national security interest of the 
46 

•S 1601 PCS

1 United States to do so: Provided further, That funds ap2 propriated under this heading may be made available for 

3 the IAEA unless the Secretary of State determines that 

4 Israel is being denied its right to participate in the activi5 ties of that Agency: Provided further, That funds appro6 priated under this heading may be made available for pub7 lic-private partnerships for conventional weapons and 

8 mine action by grant, cooperative agreement or contract: 

9 Provided further, That funds made available for demining 

10 and related activities, in addition to funds otherwise avail11 able for such purposes, may be used for administrative ex12 penses related to the operation and management of the 

13 demining program: Provided further, That funds appro14 priated under this heading that are available for ‘‘Anti15 terrorism Assistance’’ and ‘‘Export Control and Border 

16 Security’’ shall remain available until September 30, 

17 2013. 

18 PEACEKEEPING OPERATIONS

19 For necessary expenses to carry out the provisions 

20 of section 551 of the Foreign Assistance Act of 1961, 

21 $262,000,000: Provided, That funds appropriated under 

22 this heading may be used, notwithstanding section 660 of 

23 such Act, to provide assistance to enhance the capacity 

24 of foreign civilian security forces, including gendarmes, to 

25 participate in peacekeeping operations: Provided further, 
47 

•S 1601 PCS

1 That funds appropriated under this heading may be used 

2 to pay assessed expenses of international peacekeeping ac3 tivities in Somalia and shall be available until September 

4 30, 2013: Provided further, That funds appropriated 

5 under this Act should not be used to support any military 

6 training or operations that include child soldiers: Provided 

7 further, That none of the funds appropriated under this 

8 heading shall be obligated or expended except as provided 

9 through the regular notification procedures of the Com10 mittees on Appropriations. 

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 INTERNATIONAL MILITARY EDUCATION AND TRAINING

13 For necessary expenses to carry out the provisions 

14 of section 541 of the Foreign Assistance Act of 1961, 

15 $105,788,000: Provided, That the civilian personnel for 

16 whom military education and training may be provided 

17 under this heading may include civilians who are not mem18 bers of a government whose participation would contribute 

19 to improved civil-military relations, civilian control of the 

20 military, or respect for human rights: Provided further, 

21 That funds made available under this heading for assist22 ance for Angola, Bahrain, Bangladesh, Cameroon, Central 

23 African Republic, Chad, Coˆte d’Ivoire, Democratic Repub24 lic of the Congo, Ethiopia, Guatemala, Guinea, Haiti, In25 donesia, Kenya, Libya, Nepal, Nigeria, and Sri Lanka 
48 

•S 1601 PCS

1 may only be provided through the regular notification pro2 cedures of the Committees on Appropriations and any 

3 such notification shall include a detailed description of 

4 proposed activities: Provided further, That of the funds ap5 propriated under this heading, not to exceed $55,000 may 

6 be available for entertainment allowances. 

7 FOREIGN MILITARY FINANCING PROGRAM

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses for grants to enable the 

10 President to carry out the provisions of section 23 of the 

11 Arms Export Control Act, $5,346,000,000: Provided, 

12 That to expedite the provision of assistance to foreign 

13 countries and international organizations, the Secretary of 

14 State, following consultation with the Committees on Ap15 propriations and subject to the regular notification proce16 dures of such Committees, may use the funds appro17 priated under this heading to procure defense articles and 

18 services to enhance the capacity of foreign security forces: 

19 Provided further, That of the funds appropriated under 

20 this heading, not less than $3,075,000,000 shall be avail21 able for grants only for Israel, and up to $1,300,000,000 

22 shall be made available for grants only for Egypt, includ23 ing for border security programs and activities in the 

24 Sinai: Provided further, That prior to the obligation of 

25 funds appropriated under this heading for assistance for 
49 

•S 1601 PCS

1 Egypt, the Secretary of State shall certify to the Commit2 tees on Appropriations that the Governments of the 

3 United States and Egypt have agreed upon the specific 

4 uses of such funds, that such funds further the national 

5 interests of the United States in Egypt and the region, 

6 and that the Government of Egypt has held free and fair 

7 elections and is implementing policies to protect the rights 

8 of journalists, due process, and freedoms of expression and 

9 association: Provided further, That the funds appropriated 

10 under this heading for assistance for Israel shall be dis11 bursed within 30 days of enactment of this Act: Provided 

12 further, That to the extent that the Government of Israel 

13 requests that funds be used for such purposes, grants 

14 made available for Israel under this heading shall, as 

15 agreed by the United States and Israel, be available for 

16 advanced weapons systems, of which not less than 

17 $808,725,000 shall be available for the procurement in 

18 Israel of defense articles and defense services, including 

19 research and development: Provided further, That funds 

20 appropriated under this heading estimated to be outlayed 

21 for Egypt during fiscal year 2012 may be transferred to 

22 an interest bearing account for Egypt in the Federal Re23 serve Bank of New York within 30 days of enactment of 

24 this Act: Provided further, That of the funds appropriated 

25 under this heading, $300,000,000 shall be made available 
50 

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1 for assistance for Jordan: Provided further, That none of 

2 the funds made available under this heading shall be made 

3 available to support or continue any program initially 

4 funded under the authority of section 1206 of the National 

5 Defense Authorization Act for Fiscal Year 2006 (Public 

6 Law 109–163; 119 Stat. 3456) unless the Secretary of 

7 State, in consultation with the Secretary of Defense, has 

8 justified such program to the Committees on Appropria9 tions: Provided further, That funds appropriated or other10 wise made available under this heading shall be nonrepay11 able notwithstanding any requirement in section 23 of the 

12 Arms Export Control Act: Provided further, That funds 

13 made available under this heading shall be obligated upon 

14 apportionment in accordance with paragraph (5)(C) of 

15 title 31, United States Code, section 1501(a). 

16 None of the funds made available under this heading 

17 shall be available to finance the procurement of defense 

18 articles, defense services, or design and construction serv19 ices that are not sold by the United States Government 

20 under the Arms Export Control Act unless the foreign 

21 country proposing to make such procurement has first 

22 signed an agreement with the United States Government 

23 specifying the conditions under which such procurement 

24 may be financed with such funds: Provided, That all coun25 try and funding level increases in allocations shall be sub-
51 

•S 1601 PCS

1 mitted through the regular notification procedures of sec2 tion 7015 of this Act: Provided further, That funds made 

3 available under this heading may be used, notwithstanding 

4 any other provision of law, for demining, the clearance of 

5 unexploded ordnance, and related activities, and may in6 clude activities implemented through nongovernmental 

7 and international organizations: Provided further, That 

8 none of the funds appropriated under this heading may 

9 be made available for assistance for Nepal, Sri Lanka, 

10 Pakistan, Bangladesh, Bahrain, Philippines, Indonesia, 

11 Haiti, Guatemala, Honduras, Ethiopia, Cambodia, Kenya, 

12 Chad, and the Democratic Republic of the Congo except 

13 pursuant to the regular notification procedures of the 

14 Committees on Appropriations: Provided further, That 

15 only those countries for which assistance was justified for 

16 the ‘‘Foreign Military Sales Financing Program’’ in the 

17 fiscal year 1989 congressional presentation for security as18 sistance programs may utilize funds made available under 

19 this heading for procurement of defense articles, defense 

20 services or design and construction services that are not 

21 sold by the United States Government under the Arms 

22 Export Control Act: Provided further, That funds appro23 priated under this heading shall be expended at the min24 imum rate necessary to make timely payment for defense 

25 articles and services: Provided further, That not more than 
52 

•S 1601 PCS

1 $62,800,000 of the funds appropriated under this heading 

2 may be obligated for necessary expenses, including the 

3 purchase of passenger motor vehicles for replacement only 

4 for use outside of the United States, for the general costs 

5 of administering military assistance and sales, except that 

6 this limitation may be exceeded only through the regular 

7 notification procedures of the Committees on Appropria8 tions: Provided further, That of the funds appropriated 

9 under this heading for general costs of administering mili10 tary assistance and sales, not to exceed $4,000 may be 

11 available for entertainment expenses and not to exceed 

12 $130,000 may be available for representation allowances: 

13 Provided further, That not more than $836,900,000 of 

14 funds realized pursuant to section 21(e)(1)(A) of the Arms 

15 Export Control Act may be obligated for expenses incurred 

16 by the Department of Defense during fiscal year 2012 

17 pursuant to section 43(b) of the Arms Export Control Act, 

18 except that this limitation may be exceeded only through 

19 the regular notification procedures of the Committees on 

20 Appropriations: Provided further, That, with respect to the 

21 previous proviso, up to $100,000,000 of such funds may 

22 be transferred to the Special Defense Acquisition Fund 

23 pursuant to section 51 of the Arms Export Control Act. 
53 

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1 TITLE V 

2 MULTILATERAL ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 For necessary expenses to carry out the provisions 

6 of section 301 of the Foreign Assistance Act of 1961, and 

7 of section 2 of the United Nations Environment Program 

8 Participation Act of 1973, $352,950,000: Provided, That 

9 section 307(a) of the Foreign Assistance Act of 1961 shall 

10 not apply to contributions to the United Nations Democ11 racy Fund. 

12 INTERNATIONAL FINANCIAL INSTITUTIONS

13 GLOBAL ENVIRONMENT FACILITY

14 For payment to the International Bank for Recon15 struction and Development as trustee for the Global Envi16 ronment Facility by the Secretary of the Treasury, 

17 $120,000,000, to remain available until expended. 

18 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

19 RECONSTRUCTION AND DEVELOPMENT

20 For payment to the International Bank for Recon21 struction and Development by the Secretary of the Treas22 ury, for the United States share of the paid-in portion of 

23 the increases in capital stock, $117,364,344, to remain 

24 available until expended. 
54 

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1 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

2 The United States Governor of the International 

3 Bank for Reconstruction and Development may subscribe 

4 without fiscal year limitation to the callable capital portion 

5 of the United States share of increases in capital stock 

6 in an amount not to exceed $2,928,990,899. 

7 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

8 ASSOCIATION

9 For payment to the International Development Asso10 ciation by the Secretary of the Treasury, $1,355,000,000, 

11 to remain available until expended. 

12 For payment to the International Development Asso13 ciation by the Secretary of the Treasury for costs incurred 

14 under the Multilateral Debt Relief Initiative, 

15 $167,000,000, to remain available until expended. 

16 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

17 For payment to the International Bank for Recon18 struction and Development as trustee for the Clean Tech19 nology Fund by the Secretary of the Treasury, 

20 $350,000,000, to remain available until expended. 

21 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

22 For payment to the International Bank for Recon23 struction and Development as trustee for the Strategic 

24 Climate Fund by the Secretary of the Treasury, 

25 $100,000,000, to remain available until expended. 
55 

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1 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

2 For payment to the Global Agriculture and Food Se3 curity Program by the Secretary of the Treasury, 

4 $200,000,000, to remain available until expended. 

5 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

6 BANK

7 For payment to the Inter-American Development 

8 Bank by the Secretary of the Treasury for the United 

9 States share of the paid-in portion of the increase in cap10 ital stock, $25,000,000, to remain available until ex11 pended. 

12 For payment to the Inter-American Investment Cor13 poration by the Secretary of the Treasury, $4,670,000, to 

14 remain available until expended. 

15 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

16 The United States Governor of the Inter-American 

17 Development Bank may subscribe without fiscal year limi18 tation to the callable capital portion of the United States 

19 share of such capital stock in an amount not to exceed 

20 $4,098,794,833. 

21 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

22 MULTILATERAL INVESTMENT FUND

23 For payment to the Enterprise for the Americas Mul24 tilateral Investment Fund by the Secretary of the Treas25 ury, $25,000,000, to remain available until expended. 
56 

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1 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

2 For payment to the Asian Development Bank by the 

3 Secretary of the Treasury for the United States share of 

4 the paid-in portion of increase in capital stock, 

5 $106,586,000, to remain available until expended. 

6 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

7 The United States Governor of the Asian Develop8 ment Bank may subscribe without fiscal year limitation 

9 to the callable capital portion of the United States share 

10 of such capital stock in an amount not to exceed 

11 $2,558,048,769. 

12 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

13 For payment to the Asian Development Bank’s Asian 

14 Development Fund by the Secretary of the Treasury, 

15 $100,000,000, to remain available until expended. 

16 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

17 For payment to the African Development Bank by 

18 the Secretary of the Treasury for the United States share 

19 of the paid-in portion of the increase in capital stock, 

20 $32,417,720, to remain available until expended. 

21 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

22 The United States Governor of the African Develop23 ment Bank may subscribe without fiscal year limitation 

24 to the callable capital portion of the United States share 
57 

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1 of such capital stock in an amount not to exceed 

2 $507,860,808. 

3 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

4 For payment to the African Development Fund by 

5 the Secretary of the Treasury, $125,000,000, to remain 

6 available until expended. 

7 For payment to the African Development Fund by 

8 the Secretary of the Treasury for costs incurred under the 

9 Multilateral Debt Relief Initiative, $7,500,000, to remain 

10 available until expended. 

11 EUROPEAN BANK FOR RECONSTRUCTION AND

12 DEVELOPMENT

13 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

14 The United States Governor of the European Bank 

15 for Reconstruction and Development may subscribe with16 out fiscal year limitation to the callable capital of the 

17 United States share of such capital in an amount not to 

18 exceed $1,252,331,952. 

19 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

20 AGRICULTURAL DEVELOPMENT

21 For payment to the International Fund for Agricul22 tural Development by the Secretary of the Treasury, 

23 $30,000,000, to remain available until expended. 
58 

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1 TITLE VI 

2 EXPORT AND INVESTMENT ASSISTANCE 

3 EXPORT-IMPORT BANK OF THE UNITED STATES

4 INSPECTOR GENERAL

5 For necessary expenses of the Office of Inspector 

6 General in carrying out the provisions of the Inspector 

7 General Act of 1978, as amended, $4,000,000, to remain 

8 available until September 30, 2013. 

9 PROGRAM ACCOUNT

10 The Export-Import Bank of the United States is au11 thorized to make such expenditures within the limits of 

12 funds and borrowing authority available to such corpora13 tion, and in accordance with law, and to make such con14 tracts and commitments without regard to fiscal year limi15 tations, as provided by section 104 of the Government 

16 Corporation Control Act, as may be necessary in carrying 

17 out the program for the current fiscal year for such cor18 poration: Provided, That none of the funds available dur19 ing the current fiscal year may be used to make expendi20 tures, contracts, or commitments for the export of nuclear 

21 equipment, fuel, or technology to any country, other than 

22 a nuclear-weapon state as defined in Article IX of the 

23 Treaty on the Non-Proliferation of Nuclear Weapons eligi24 ble to receive economic or military assistance under this 

25 Act, that has detonated a nuclear explosive after the date 
59 

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1 of the enactment of this Act: Provided further, That the 

2 use of the aggregate loan, guarantee, and insurance au3 thority available to the Export-Import Bank during the 

4 current fiscal year should not result in greenhouse gas 

5 emissions from the extraction or production of fossil fuels 

6 and the use of fossil fuels in electricity generation exceed7 ing the total amount of such emissions resulting from the 

8 use of such authority during fiscal year 2010, unless not 

9 less than 15 days prior to the use of such authority the 

10 Export-Import Bank provides written notification to the 

11 Committees on Appropriations that the use of such au12 thority would result in greenhouse gas emissions exceeding 

13 such amount and indicating the amount of the increase, 

14 and posts such notification on the Bank’s Web site: Pro15 vided further, That not less than 10 percent of such aggre16 gate should be used for renewable energy technology and 

17 end-use energy efficiency technologies: Provided further, 

18 That notwithstanding section 1(c) of Public Law 103– 

19 428, as amended, sections 1(a) and (b) of Public Law 

20 103–428 shall remain in effect through October 1, 2012: 

21 Provided further, That notwithstanding the dates specified 

22 in section 7 of the Export-Import Bank Act of 1945 (12 

23 U.S.C. 6350 and section 1(c) of Public Law 103–428), 

24 the Export-Import Bank of the United States shall con25 tinue to exercise its functions in connection with and in 
60 

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1 furtherance of its objects and purposes through September 

2 30, 2012. 

3 SUBSIDY APPROPRIATION

4 For the cost of direct loans, loan guarantees, insur5 ance, and tied-aid grants as authorized by section 10 of 

6 the Export-Import Bank Act of 1945, as amended, not 

7 to exceed $58,000,000: Provided, That such costs, includ8 ing the cost of modifying such loans, shall be as defined 

9 in section 502 of the Congressional Budget Act of 1974: 

10 Provided further, That such funds shall remain available 

11 until September 30, 2027, for the disbursement of direct 

12 loans, loan guarantees, insurance and tied-aid grants obli13 gated in fiscal years 2012, 2013, 2014, and 2015: Pro14 vided further, That none of the funds appropriated by this 

15 Act or any prior Acts appropriating funds for the Depart16 ment of State, foreign operations, and related programs 

17 for tied-aid credits or grants may be used for any other 

18 purpose except through the regular notification procedures 

19 of the Committees on Appropriations. 

20 ADMINISTRATIVE EXPENSES

21 For administrative expenses to carry out the direct 

22 and guaranteed loan and insurance programs, including 

23 hire of passenger motor vehicles and services as authorized 

24 by 5 U.S.C. 3109, and not to exceed $30,000 for official 

25 reception and representation expenses for members of the 
61 

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1 Board of Directors, not to exceed $89,900,000: Provided, 

2 That the Export-Import Bank may accept, and use, pay3 ment or services provided by transaction participants for 

4 legal, financial, or technical services in connection with 

5 any transaction for which an application for a loan, guar6 antee or insurance commitment has been made: Provided 

7 further, That notwithstanding subsection (b) of section 

8 117 of the Export Enhancement Act of 1992, subsection 

9 (a) thereof shall remain in effect until October 1, 2012: 

10 Provided further, That the Export-Import Bank shall 

11 charge fees for necessary expenses (including special serv12 ices performed on a contract or fee basis, but not including 

13 other personal services) in connection with the collection 

14 of moneys owed the Export-Import Bank, repossession or 

15 sale of pledged collateral or other assets acquired by the 

16 Export-Import Bank in satisfaction of moneys owed the 

17 Export-Import Bank, or the investigation or appraisal of 

18 any property, or the evaluation of the legal, financial, or 

19 technical aspects of any transaction for which an applica20 tion for a loan, guarantee or insurance commitment has 

21 been made: Provided further, That, in addition to other 

22 funds appropriated for administrative expenses, such fees 

23 shall be credited to this account, to remain available until 

24 expended. 
62 

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1 RECEIPTS COLLECTED

2 Receipts collected pursuant to the Export-Import 

3 Bank Act of 1945, as amended, and the Federal Credit 

4 Reform Act of 1990, as amended, in an amount not to 

5 exceed the amount appropriated herein, shall be credited 

6 as offsetting collections to this account: Provided, That the 

7 sums herein appropriated from the General Fund shall be 

8 reduced on a dollar-for-dollar basis by such offsetting col9 lections so as to result in a final fiscal year appropriation 

10 from the General Fund estimated at $0: Provided further, 

11 That amounts collected in fiscal year 2012 in excess of 

12 obligations, up to $50,000,000, shall become available on 

13 September 1, 2012 and shall remain available until Sep14 tember 30, 2015. 

15 OVERSEAS PRIVATE INVESTMENT CORPORATION

16 NONCREDIT ACCOUNT

17 The Overseas Private Investment Corporation is au18 thorized to make, without regard to fiscal year limitations, 

19 as provided by 31 U.S.C. 9104, such expenditures and 

20 commitments within the limits of funds available to it and 

21 in accordance with law as may be necessary: Provided, 

22 That the amount available for administrative expenses to 

23 carry out the credit and insurance programs (including an 

24 amount for official reception and representation expenses 

25 which shall not exceed $35,000) shall not exceed 
63 

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1 $54,990,000: Provided further, That project-specific trans2 action costs, including direct and indirect costs incurred 

3 in claims settlements, and other direct costs associated 

4 with services provided to specific investors or potential in5 vestors pursuant to section 234 of the Foreign Assistance 

6 Act of 1961, shall not be considered administrative ex7 penses for the purposes of this heading. 

8 PROGRAM ACCOUNT

9 For the cost of direct and guaranteed loans, 

10 $29,000,000, as authorized by section 234 of the Foreign 

11 Assistance Act of 1961, to be derived by transfer from 

12 the Overseas Private Investment Corporation Noncredit 

13 Account: Provided, That such costs, including the cost of 

14 modifying such loans, shall be as defined in section 502 

15 of the Congressional Budget Act of 1974: Provided fur16 ther, That such sums shall be available for direct loan obli17 gations and loan guaranty commitments incurred or made 

18 during fiscal years 2012, 2013, and 2014: Provided fur19 ther, That funds so obligated in fiscal year 2012 remain 

20 available for disbursement through 2020; funds obligated 

21 in fiscal year 2013 remain available for disbursement 

22 through 2021; and funds obligated in fiscal year 2014 re23 main available for disbursement through 2022: Provided 

24 further, That notwithstanding any other provision of law, 

25 the Overseas Private Investment Corporation is authorized 
64 

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1 to undertake any program authorized by title IV of chap2 ter 2 of part I of the Foreign Assistance Act of 1961 in 

3 Iraq: Provided further, That funds made available pursu4 ant to the authority of the previous proviso shall be subject 

5 to the regular notification procedures of the Committees 

6 on Appropriations. 

7 In addition, such sums as may be necessary for ad8 ministrative expenses to carry out the credit program may 

9 be derived from amounts available for administrative ex10 penses to carry out the credit and insurance programs in 

11 the Overseas Private Investment Corporation Noncredit 

12 Account and merged with said account. 

13 TRADE AND DEVELOPMENT AGENCY

14 For necessary expenses to carry out the provisions 

15 of section 661 of the Foreign Assistance Act of 1961, 

16 $50,000,000, to remain available until September 30, 

17 2013: Provided, That of the funds appropriated under this 

18 heading, not more than $4,000 may be available for rep19 resentation and entertainment allowances. 

20 TITLE VII 

21 GENERAL PROVISIONS 

22 ALLOWANCES AND DIFFERENTIALS

23 SEC. 7001. Funds appropriated under title I of this 

24 Act shall be available, except as otherwise provided, for 

25 allowances and differentials as authorized by subchapter 
65 

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1 59 of title 5, United States Code; for services as author2 ized by 5 U.S.C. 3109; and for hire of passenger transpor3 tation pursuant to 31 U.S.C. 1343(b). 

4 UNOBLIGATED BALANCES REPORT

5 SEC. 7002. Any department or agency of the United 

6 States Government to which funds are appropriated or 

7 otherwise made available by this Act shall provide to the 

8 Committees on Appropriations a quarterly accounting of 

9 cumulative unobligated balances and obligated, but unex10 pended, balances by program, project, and activity, and 

11 Treasury Account Fund Symbol of all expired and unex12 pired funds received by such department or agency in fis13 cal year 2012 or any previous fiscal year: Provided, That 

14 for the purposes of this section, obligated balances shall 

15 not include obligations made through bilateral agreements 

16 unless further sub-obligated. 

17 CONSULTING SERVICES

18 SEC. 7003. The expenditure of any appropriation 

19 under title I of this Act for any consulting service through 

20 procurement contract, pursuant to 5 U.S.C. 3109, shall 

21 be limited to those contracts where such expenditures are 

22 a matter of public record and available for public inspec23 tion, except where otherwise provided under existing law, 

24 or under existing Executive order issued pursuant to exist25 ing law. 
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1 EMBASSY CONSTRUCTION

2 SEC. 7004. (a) Of funds provided under title I of this 

3 Act, except as provided in subsection (b), a project to con4 struct a diplomatic facility of the United States may not 

5 include office space or other accommodations for an em6 ployee of a Federal agency or department if the Secretary 

7 of State determines that such department or agency has 

8 not provided to the Department of State the full amount 

9 of funding required by subsection (e) of section 604 of 

10 the Secure Embassy Construction and Counterterrorism 

11 Act of 1999 (as enacted into law by section 1000(a)(7) 

12 of Public Law 106–113 and contained in appendix G of 

13 that Act; 113 Stat. 1501A–453), as amended by section 

14 629 of the Departments of Commerce, Justice, and State, 

15 the Judiciary, and Related Agencies Appropriations Act, 

16 2005. 

17 (b) Notwithstanding the prohibition in subsection (a), 

18 a project to construct a diplomatic facility of the United 

19 States may include office space or other accommodations 

20 for members of the United States Marine Corps. 

21 (c) For the purposes of calculating the fiscal year 

22 2012 costs of providing new United States diplomatic fa23 cilities in accordance with section 604(e) of the Secure 

24 Embassy Construction and Counterterrorism Act of 1999 

25 (22 U.S.C. 4865 note), the Secretary of State, in consulta-
67 

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1 tion with the Director of the Office of Management and 

2 Budget, shall determine the annual program level and 

3 agency shares in a manner that is proportional to the De4 partment of State’s contribution for this purpose. 

5 (d) Funds appropriated by this Act, and any prior 

6 Act making appropriations for the Department of State, 

7 foreign operations, and related programs, which may be 

8 made available for the acquisition of property for diplo9 matic facilities in Afghanistan, Pakistan, and Iraq, shall 

10 be subject to prior consultation with, and the regular noti11 fication procedures of, the Committees on Appropriations. 

12 (e) Section 604(e)(1) of the Secure Embassy Con13 struction and Counterterrorism Act of 1999 (22 U.S.C. 

14 4865 note) is amended by striking ‘‘providing new,’’ and 

15 inserting in its place ‘‘providing, maintaining, repairing, 

16 and renovating’’. 

17 PERSONNEL ACTIONS

18 SEC. 7005. Any costs incurred by a department or 

19 agency funded under title I of this Act resulting from per20 sonnel actions taken in response to funding reductions in21 cluded in this Act shall be absorbed within the total budg22 etary resources available under title I to such department 

23 or agency: Provided, That the authority to transfer funds 

24 between appropriations accounts as may be necessary to 

25 carry out this section is provided in addition to authorities 
68 

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1 included elsewhere in this Act: Provided further, That use 

2 of funds to carry out this section shall be treated as a 

3 reprogramming of funds under section 7015 of this Act 

4 and shall not be available for obligation or expenditure ex5 cept in compliance with the procedures set forth in that 

6 section. 

7 LOCAL GUARD CONTRACTS

8 SEC. 7006. In evaluating proposals for local guard 

9 contracts, the Secretary of State shall award contracts in 

10 accordance with section 136 of the Foreign Relations Au11 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 

12 4864), except that the Secretary may grant authorization 

13 to award such contracts on the basis of best value as de14 termined by a cost-technical tradeoff analysis (as de15 scribed in Federal Acquisition Regulation part 15.101) in 

16 Iraq, Afghanistan, and Pakistan, notwithstanding sub17 section (c)(3) of such section: Provided, That the authority 

18 in this section shall apply to any options for renewal that 

19 may be exercised under such contracts that are awarded 

20 during the current fiscal year: Provided further, That prior 

21 to issuing a solicitation for a contract to be awarded pur22 suant to the authority under this section, the Secretary 

23 of State shall consult with the Committees on Appropria24 tions. 
69 

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1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

3 SEC. 7007. None of the funds appropriated or other4 wise made available pursuant to titles III through VI of 

5 this Act shall be obligated or expended to finance directly 

6 any assistance or reparations for the governments of 

7 Cuba, North Korea, Iran, or Syria: Provided, That for 

8 purposes of this section, the prohibition on obligations or 

9 expenditures shall include direct loans, credits, insurance 

10 and guarantees of the Export-Import Bank or its agents. 

11 COUPS D’E ́TAT

12 SEC. 7008. None of the funds appropriated or other13 wise made available pursuant to titles III through VI of 

14 this Act shall be obligated or expended to finance directly 

15 any assistance to the government of any country whose 

16 duly elected head of government is deposed by military 

17 coup d’e ́tat or decree, or a coup d’e ́tat or decree that is 

18 supported by the military: Provided, That assistance may 

19 be resumed to such government if the President deter20 mines and certifies to the Committees on Appropriations 

21 that subsequent to the termination of assistance a demo22 cratically elected government has taken office: Provided 

23 further, That the provisions of this section shall not apply 

24 to assistance to promote democratic elections or public 

25 participation in democratic processes: Provided further, 
70 

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1 That funds made available pursuant to the previous pro2 visos shall be subject to the regular notification procedures 

3 of the Committees on Appropriations. 

4 TRANSFER AUTHORITY

5 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD6 CASTING BOARD OF GOVERNORS.— 

7 (1) Not to exceed 5 percent of any appropria8 tion made available for the current fiscal year for 

9 the Department of State under title I of this Act 

10 may be transferred between such appropriations, but 

11 no such appropriation, except as otherwise specifi12 cally provided, shall be increased by more than 10 

13 percent by any such transfers. 

14 (2) Not to exceed 5 percent of any appropria15 tion made available for the current fiscal year for 

16 the Broadcasting Board of Governors under title I 

17 of this Act may be transferred between such appro18 priations, but no such appropriation, except as oth19 erwise specifically provided, shall be increased by 

20 more than 10 percent by any such transfers. 

21 (3) Any transfer pursuant to this section shall 

22 be treated as a reprogramming of funds under sec23 tion 7015(a) and (b) of this Act and shall not be 

24 available for obligation or expenditure except in com25 pliance with the procedures set forth in that section. 
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1 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

2 Not to exceed 5 percent of any appropriation other than 

3 for administrative expenses made available for fiscal year 

4 2012, for programs under title VI of this Act may be 

5 transferred between such appropriations for use for any 

6 of the purposes, programs, and activities for which the 

7 funds in such receiving account may be used, but no such 

8 appropriation, except as otherwise specifically provided, 

9 shall be increased by more than 25 percent by any such 

10 transfer: Provided, That the exercise of such authority 

11 shall be subject to the regular notification procedures of 

12 the Committees on Appropriations. 

13 (c) LIMITATION ON TRANSFERS BETWEEN AGEN14 CIES.— 

15 (1) None of the funds made available under ti16 tles II through V of this Act may be transferred to 

17 any department, agency, or instrumentality of the 

18 United States Government, except pursuant to a 

19 transfer made by, or transfer authority provided in, 

20 this Act or any other appropriation Act. 

21 (2) Notwithstanding paragraph (1), in addition 

22 to transfers made by, or authorized elsewhere in, 

23 this Act, funds appropriated by this Act to carry out 

24 the purposes of the Foreign Assistance Act of 1961 

25 may be allocated or transferred to agencies of the 
72 

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1 United States Government pursuant to the provi2 sions of sections 109, 610, and 632 of the Foreign 

3 Assistance Act of 1961. 

4 (3) Any agreement entered into by the United 

5 States Agency for International Development 

6 (USAID) or the Department of State with any de7 partment, agency, or instrumentality of the United 

8 States Government pursuant to section 632(b) of the 

9 Foreign Assistance Act of 1961 valued in excess of 

10 $1,000,000 and any agreement made pursuant to 

11 section 632(a) of such Act, with funds appropriated 

12 by this Act and prior Acts making appropriations 

13 for the Department of State, foreign operations, and 

14 related programs under the headings ‘‘Global Health 

15 Programs’’, ‘‘Development Assistance’’, and ‘‘Eco16 nomic Support Fund’’ shall be subject to the regular 

17 notification procedures of the Committees on Appro18 priations: Provided, That the requirement in the pre19 vious sentence shall not apply to agreements entered 

20 into between USAID and the Department of State. 

21 (d) TRANSFERS BETWEEN ACCOUNTS.—None of the 

22 funds made available under titles II through V of this Act 

23 may be obligated under an appropriation account to which 

24 they were not appropriated, except for transfers specifi25 cally provided for in this Act, unless the President, not 
73 

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1 less than 5 days prior to the exercise of any authority con2 tained in the Foreign Assistance Act of 1961 to transfer 

3 funds, consults with and provides a written policy jus4 tification to the Committees on Appropriations. 

5 (e) AUDIT OF INTER-AGENCY TRANSFERS.—Any 

6 agreement for the transfer or allocation of funds appro7 priated by this Act, or prior Acts, entered into between 

8 the Department of State or USAID and another agency 

9 of the United States Government under the authority of 

10 section 632(a) of the Foreign Assistance Act of 1961 or 

11 any comparable provision of law, shall expressly provide 

12 that the Inspector General (IG) for the agency receiving 

13 the transfer or allocation of such funds, or other entity 

14 with audit responsibility if the receiving agency does not 

15 have an IG, shall perform periodic program and financial 

16 audits of the use of such funds: Provided, That funds 

17 transferred under such authority may be made available 

18 for the cost of such audits. 

19 REPORTING REQUIREMENT

20 SEC. 7010. The Secretary of State shall provide the 

21 Committees on Appropriations, not later than April 1, 

22 2012, and for each fiscal quarter, a report in writing on 

23 the uses of funds made available under the headings ‘‘For24 eign Military Financing Program’’, ‘‘International Mili25 tary Education and Training’’, ‘‘Peacekeeping Oper-
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1 ations’’, and ‘‘Pakistan Counter-Insurgency Fund’’: Pro2 vided, That such report shall include a description of the 

3 obligation and expenditure of funds, and the specific coun4 try in receipt of, and the use or purpose of the assistance 

5 provided by such funds. 

6 AVAILABILITY OF FUNDS

7 SEC. 7011. No part of any appropriation contained 

8 in this Act shall remain available for obligation after the 

9 expiration of the current fiscal year unless expressly so 

10 provided in this Act: Provided, That funds appropriated 

11 for the purposes of chapters 1, 8, 11, and 12 of part I, 

12 section 661, section 667, chapters 4, 5, 6, 8, and 9 of 

13 part II of the Foreign Assistance Act of 1961, section 23 

14 of the Arms Export Control Act, and funds provided under 

15 the headings ‘‘Assistance for Europe, Eurasia and Central 

16 Asia’’ and ‘‘Development Credit Authority’’, shall remain 

17 available for an additional 4 years from the date on which 

18 the availability of such funds would otherwise have ex19 pired, if such funds are initially obligated before the expi20 ration of their respective periods of availability contained 

21 in this Act: Provided further, That notwithstanding any 

22 other provision of this Act, any funds made available for 

23 the purposes of chapter 1 of part I and chapter 4 of part 

24 II of the Foreign Assistance Act of 1961 which are allo25 cated or obligated for cash disbursements in order to ad-
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1 dress balance of payments or economic policy reform ob2 jectives, shall remain available for an additional 4 years 

3 from the date on which the availability of such funds 

4 would otherwise have expired, if such funds are initially 

5 allocated or obligated before the expiration of their respec6 tive periods of availability contained in this Act. 

7 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

8 SEC. 7012. No part of any appropriation provided 

9 under titles III through VI in this Act shall be used to 

10 furnish assistance to the government of any country which 

11 is in default during a period in excess of one calendar year 

12 in payment to the United States of principal or interest 

13 on any loan made to the government of such country by 

14 the United States pursuant to a program for which funds 

15 are appropriated under this Act unless the President de16 termines, following consultations with the Committees on 

17 Appropriations, that assistance for such country is in the 

18 national interest of the United States. 

19 PROHIBITION ON TAXATION OF UNITED STATES

20 ASSISTANCE

21 SEC. 7013. (a) PROHIBITION ON TAXATION.—None 

22 of the funds appropriated under titles III through VI of 

23 this Act may be made available to provide assistance for 

24 a foreign country under a new bilateral agreement gov25 erning the terms and conditions under which such assist-
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1 ance is to be provided unless such agreement includes a 

2 provision stating that assistance provided by the United 

3 States shall be exempt from taxation, or reimbursed, by 

4 the foreign government, and the Secretary of State shall 

5 expeditiously seek to negotiate amendments to existing bi6 lateral agreements, as necessary, to conform with this re7 quirement. 

8 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

9 amount equivalent to 200 percent of the total taxes as10 sessed during fiscal year 2011 on funds appropriated by 

11 this Act by a foreign government or entity against com12 modities financed under United States assistance pro13 grams for which funds are appropriated by this Act, either 

14 directly or through grantees, contractors and subcontrac15 tors shall be withheld from obligation from funds appro16 priated for assistance for fiscal year 2012 and allocated 

17 for the central government of such country and for the 

18 West Bank and Gaza program to the extent that the Sec19 retary of State certifies and reports in writing to the Com20 mittees on Appropriations that such taxes have not been 

21 reimbursed to the Government of the United States. 

22 (c) DE MINIMIS EXCEPTION.—Foreign taxes of a de 

23 minimis nature shall not be subject to the provisions of 

24 subsection (b). 
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1 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

2 from obligation for each country or entity pursuant to sub3 section (b) shall be reprogrammed for assistance to coun4 tries which do not assess taxes on United States assistance 

5 or which have an effective arrangement that is providing 

6 substantial reimbursement of such taxes. 

7 (e) DETERMINATIONS.— 

8 (1) The provisions of this section shall not 

9 apply to any country or entity the Secretary of State 

10 determines— 

11 (A) does not assess taxes on United States 

12 assistance or which has an effective arrange13 ment that is providing substantial reimburse14 ment of such taxes; or 

15 (B) the foreign policy interests of the 

16 United States outweigh the purpose of this sec17 tion to ensure that United States assistance is 

18 not subject to taxation. 

19 (2) The Secretary of State shall consult with 

20 the Committees on Appropriations at least 15 days 

21 prior to exercising the authority of this subsection 

22 with regard to any country or entity. 

23 (f) IMPLEMENTATION.—The Secretary of State shall 

24 issue rules, regulations, or policy guidance, as appropriate, 
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1 to implement the prohibition against the taxation of assist2 ance contained in this section. 

3 (g) DEFINITIONS.—As used in this section— 

4 (1) the terms ‘‘taxes’’ and ‘‘taxation’’ refer to 

5 value added taxes and customs duties imposed on 

6 commodities financed with United States assistance 

7 for programs for which funds are appropriated by 

8 this Act; and 

9 (2) the term ‘‘bilateral agreement’’ refers to a 

10 framework bilateral agreement between the Govern11 ment of the United States and the government of 

12 the country receiving assistance that describes the 

13 privileges and immunities applicable to United 

14 States foreign assistance for such country generally, 

15 or an individual agreement between the Government 

16 of the United States and such government that de17 scribes, among other things, the treatment for tax 

18 purposes that will be accorded the United States as19 sistance provided under that agreement. 

20 RESERVATIONS OF FUNDS

21 SEC. 7014. (a) Funds appropriated under titles II 

22 through VI of this Act which are specifically designated 

23 may be reprogrammed for other programs within the same 

24 account notwithstanding the designation if compliance 

25 with the designation is made impossible by operation of 
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1 any provision of this or any other Act: Provided, That any 

2 such reprogramming shall be subject to the regular notifi3 cation procedures of the Committees on Appropriations: 

4 Provided further, That assistance that is reprogrammed 

5 pursuant to this subsection shall be made available under 

6 the same terms and conditions as originally provided. 

7 (b) In addition to the authority contained in sub8 section (a), the original period of availability of funds ap9 propriated by this Act and administered by the United 

10 States Agency for International Development (USAID) 

11 that are specifically designated for particular programs or 

12 activities by this or any other Act shall be extended for 

13 an additional fiscal year if the USAID Administrator de14 termines and reports promptly to the Committees on Ap15 propriations that the termination of assistance to a coun16 try or a significant change in circumstances makes it un17 likely that such designated funds can be obligated during 

18 the original period of availability: Provided, That such des19 ignated funds that continue to be available for an addi20 tional fiscal year shall be obligated only for the purpose 

21 of such designation. 

22 (c) Ceilings and specifically designated funding levels 

23 contained in this Act shall not be applicable to funds or 

24 authorities appropriated or otherwise made available by 

25 any subsequent Act unless such Act specifically so directs: 
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1 Provided, That specifically designated funding levels or 

2 minimum funding requirements contained in any other 

3 Act shall not be applicable to funds appropriated by this 

4 Act. 

5 REPROGRAMMING NOTIFICATION REQUIREMENTS

6 SEC. 7015. (a) None of the funds made available in 

7 title I of this Act, or in prior appropriations Acts to the 

8 agencies and departments funded by this Act that remain 

9 available for obligation or expenditure in fiscal year 2012, 

10 or provided from any accounts in the Treasury of the 

11 United States derived by the collection of fees or of cur12 rency reflows or other offsetting collections, or made avail13 able by transfer, to the agencies and departments funded 

14 by this Act, shall be available for obligation or expenditure 

15 through a reprogramming of funds that: 

16 (1) creates new programs; 

17 (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel by any means 

19 for any project or activity for which funds have been 

20 denied or restricted; 

21 (4) relocates an office or employees; 

22 (5) closes or opens a mission or post; 

23 (6) creates, reorganizes, or renames bureaus, 

24 centers, or offices; 

25 (7) reorganizes programs or activities; or 
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1 (8) contracts out or privatizes any functions or 

2 activities presently performed by Federal employees; 

3 unless the Committees on Appropriations are noti4 fied 15 days in advance of such reprogramming of 

5 funds. 

6 (b) None of the funds provided under title I of this 

7 Act, or provided under previous appropriations Acts to the 

8 agency or department funded under title I of this Act that 

9 remain available for obligation or expenditure in fiscal 

10 year 2012, or provided from any accounts in the Treasury 

11 of the United States derived by the collection of fees avail12 able to the agency or department funded under title I of 

13 this Act, shall be available for obligation or expenditure 

14 for activities, programs, or projects through a reprogram15 ming of funds in excess of $1,000,000 or 10 percent, 

16 whichever is less, that: 

17 (1) augments existing programs, projects, or ac18 tivities; 

19 (2) reduces by 10 percent funding for any exist20 ing program, project, or activity, or numbers of per21 sonnel by 10 percent as approved by Congress; or 

22 (3) results from any general savings, including 

23 savings from a reduction in personnel, which would 

24 result in a change in existing programs, activities, or 

25 projects as approved by Congress; unless the Com-
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1 mittees on Appropriations are notified 15 days in 

2 advance of such reprogramming of funds. 

3 (c) None of the funds made available under titles II 

4 through VI and VIII in this Act under the headings 

5 ‘‘Global Health Programs’’, ‘‘Development Assistance’’, 

6 ‘‘International Organizations and Programs’’, ‘‘Trade and 

7 Development Agency’’, ‘‘International Narcotics Control 

8 and Law Enforcement’’, ‘‘Assistance for Europe, Eurasia 

9 and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democ10 racy Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Invest11 ment Fund’’, ‘‘Operating Expenses’’, ‘‘Conflict Stabiliza12 tion Operations’’, ‘‘Office of Inspector General’’, ‘‘Non13 proliferation, Anti-terrorism, Demining and Related Pro14 grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Global Se15 curity Contingency Fund’’, ‘‘Foreign Military Financing 

16 Program’’, ‘‘International Military Education and Train17 ing’’, ‘‘Pakistan Counter-Insurgency Capability Fund’’, 

18 and ‘‘Peace Corps’’, shall be available for obligation for 

19 activities, programs, projects, type of materiel assistance, 

20 countries, or other operations not justified or in excess of 

21 the amount justified to the Committees on Appropriations 

22 for obligation under any of these specific headings unless 

23 the Committees on Appropriations are notified 15 days in 

24 advance: Provided, That the President shall not enter into 

25 any commitment of funds appropriated for the purposes 
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1 of section 23 of the Arms Export Control Act for the pro2 vision of major defense equipment, other than conven3 tional ammunition, or other major defense items defined 

4 to be aircraft, ships, missiles, or combat vehicles, not pre5 viously justified to Congress or 20 percent in excess of 

6 the quantities justified to Congress unless the Committees 

7 on Appropriations are notified 15 days in advance of such 

8 commitment: Provided further, That requirements of this 

9 subsection or any similar provision of this or any other 

10 Act shall not apply to any reprogramming for an activity, 

11 program, or project for which funds are appropriated 

12 under titles II through IV of this Act of less than 10 per13 cent of the amount previously justified to the Congress 

14 for obligation for such activity, program, or project for the 

15 current fiscal year. 

16 (d) Notwithstanding any other provision of law, with 

17 the exception of funds transferred to, and merged with, 

18 funds appropriated under title I of this Act, funds trans19 ferred by the Department of Defense to the Department 

20 of State and the United States Agency for International 

21 Development for assistance for foreign countries and 

22 international organizations, and funds made available for 

23 programs authorized by section 1206 of the National De24 fense Authorization Act for Fiscal Year 2006 (Public Law 
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1 109–163), shall be subject to the regular notification pro2 cedures of the Committees on Appropriations. 

3 (e) The requirements of this section or any similar 

4 provision of this Act or any other Act, including any prior 

5 Act requiring notification in accordance with the regular 

6 notification procedures of the Committees on Appropria7 tions, may be waived if failure to do so would pose a sub8 stantial risk to human health or welfare: Provided, That 

9 in case of any such waiver, notification to the Committees 

10 on Appropriations shall be provided as early as prac11 ticable, but in no event later than 3 days after taking the 

12 action to which such notification requirement was applica13 ble, in the context of the circumstances necessitating such 

14 waiver: Provided further, That any notification provided 

15 pursuant to such a waiver shall contain an explanation 

16 of the emergency circumstances. 

17 (f) None of the funds appropriated under titles III 

18 through VI and VIII of this Act shall be obligated or ex19 pended for assistance for Serbia, Sudan, South Sudan, 

20 Zimbabwe, Afghanistan, Pakistan, Cuba, Iran, Haiti, 

21 Libya, Ethiopia, Nepal, Colombia, Burma, Yemen, Mex22 ico, Kazakhstan, Uzbekistan, Somalia, Sri Lanka, or 

23 Cambodia except as provided through the regular notifica24 tion procedures of the Committees on Appropriations. 
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1 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

2 SEC. 7016. Prior to providing excess Department of 

3 Defense articles in accordance with section 516(a) of the 

4 Foreign Assistance Act of 1961, the Department of De5 fense shall notify the Committees on Appropriations to the 

6 same extent and under the same conditions as other com7 mittees pursuant to subsection (f) of that section: Pro8 vided, That before issuing a letter of offer to sell excess 

9 defense articles under the Arms Export Control Act, the 

10 Department of Defense shall notify the Committees on 

11 Appropriations in accordance with the regular notification 

12 procedures of such Committees if such defense articles are 

13 significant military equipment (as defined in section 47(9) 

14 of the Arms Export Control Act) or are valued (in terms 

15 of original acquisition cost) at $7,000,000 or more, or if 

16 notification is required elsewhere in this Act for the use 

17 of appropriated funds for specific countries that would re18 ceive such excess defense articles: Provided further, That 

19 such Committees shall also be informed of the original ac20 quisition cost of such defense articles. 

21 LIMITATION ON AVAILABILITY OF FUNDS FOR

22 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

23 SEC. 7017. Subject to the regular notification proce24 dures of the Committees on Appropriations, funds appro25 priated under titles III through VI of this Act and prior 
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1 Acts making appropriations for the Department of State, 

2 foreign operations, and related programs, which are re3 turned or not made available for organizations and pro4 grams because of the implementation of section 307(a) of 

5 the Foreign Assistance Act of 1961, shall remain available 

6 for obligation until September 30, 2013. 

7 PROHIBITION ON FUNDING FOR ABORTIONS AND

8 INVOLUNTARY STERILIZATION

9 SEC. 7018. None of the funds made available to carry 

10 out part I of the Foreign Assistance Act of 1961, as 

11 amended, may be obligated or expended for any country 

12 or organization if the President certifies that the use of 

13 such funds by any such country or organization would vio14 late any provisions related to abortions and involuntary 

15 sterilizations in section 104(f)(1), (2), and (3) of such Act. 

16 ALLOCATIONS

17 SEC. 7019. (a) Funds provided in this Act shall be 

18 made available for programs and countries in the amounts 

19 contained in the respective tables included in the report 

20 accompanying this Act. 

21 (b) For the purposes of implementing this section and 

22 only with respect to the tables included in the report ac23 companying this Act, the Secretary of State, the Adminis24 trator of the United States Agency for International De25 velopment and the Broadcasting Board of Governors, as 
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1 appropriate, may propose deviations to the amounts ref2 erenced in subsection (a), subject to the regular notifica3 tion procedures of the Committees on Appropriations. 

4 PROHIBITION OF PAYMENT OF CERTAIN EXPENSES

5 SEC. 7020. None of the funds appropriated or other6 wise made available by this Act under the headings ‘‘Inter7 national Military Education and Training’’ or ‘‘Foreign 

8 Military Financing Program’’ for Informational Program 

9 activities or under the headings ‘‘Global Health Pro10 grams’’, ‘‘Development Assistance’’, and ‘‘Economic Sup11 port Fund’’ may be obligated or expended to pay for— 

12 (1) alcoholic beverages; or 

13 (2) entertainment expenses for activities that 

14 are substantially of a recreational character, includ15 ing but not limited to entrance fees at sporting 

16 events, theatrical and musical productions, and 

17 amusement parks. 

18 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

19 SUPPORTING INTERNATIONAL TERRORISM

20 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX21 PORTS.— 

22 (1) None of the funds appropriated or otherwise 

23 made available by titles III through VI of this Act 

24 may be available to any foreign government which 

25 provides lethal military equipment to a country the 
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1 government of which the Secretary of State has de2 termined supports international terrorism for pur3 poses of section 6(j) of the Export Administration 

4 Act of 1979: Provided, That the prohibition under 

5 this section with respect to a foreign government 

6 shall terminate 12 months after that government 

7 ceases to provide such military equipment: Provided 

8 further, That this section applies with respect to le9 thal military equipment provided under a contract 

10 entered into after October 1, 1997. 

11 (2) Assistance restricted by paragraph (1) or 

12 any other similar provision of law, may be furnished 

13 if the President determines that to do so is impor14 tant to the national interests of the United States. 

15 (3) Whenever the President makes a determina16 tion pursuant to paragraph (2), the President shall 

17 submit to the Committees on Appropriations a re18 port with respect to the furnishing of such assist19 ance, including a detailed explanation of the assist20 ance to be provided, the estimated dollar amount of 

21 such assistance, and an explanation of how the as22 sistance furthers United States national interests. 

23 (b) BILATERAL ASSISTANCE.— 

24 (1) Funds appropriated for bilateral assistance 

25 in titles III through VI of this Act and funds appro-
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1 priated under any such title in prior acts making ap2 propriations for the Department of State, foreign 

3 operations, and related programs, shall not be made 

4 available to any foreign government which the Presi5 dent determines— 

6 (A) grants sanctuary from prosecution to 

7 any individual or group which has committed 

8 an act of international terrorism; or 

9 (B) otherwise supports international ter10 rorism. 

11 (2) The President may waive the application of 

12 paragraph (1) to a government if the President de13 termines that national security or humanitarian rea14 sons justify such waiver: Provided, That the Presi15 dent shall publish each such waiver in the Federal 

16 Register and, at least 15 days before the waiver 

17 takes effect, shall notify the Committees on Appro18 priations of the waiver (including the justification 

19 for the waiver) in accordance with the regular notifi20 cation procedures of the Committees on Appropria21 tions. 

22 AUTHORIZATION REQUIREMENTS

23 SEC. 7022. Funds appropriated by this Act, except 

24 funds appropriated under the heading ‘‘Trade and Devel25 opment Agency’’, may be obligated and expended notwith-
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1 standing section 10 of Public Law 91–672, section 15 of 

2 the State Department Basic Authorities Act of 1956, sec3 tion 313 of the Foreign Relations Authorization Act, Fis4 cal Years 1994 and 1995 (Public Law 103–236), and sec5 tion 504(a)(1) of the National Security Act of 1947 (50 

6 U.S.C. 414(a)(1)). 

7 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

8 SEC. 7023. For the purpose of titles II through VI 

9 of this Act ‘‘program, project, and activity’’ shall be de10 fined at the appropriations Act account level and shall in11 clude all appropriations and authorizations Acts funding 

12 directives, ceilings, and limitations with the exception that 

13 for the following accounts: ‘‘Economic Support Fund’’ and 

14 ‘‘Foreign Military Financing Program’’, ‘‘program, 

15 project, and activity’’ shall also be considered to include 

16 country, regional, and central program level funding with17 in each such account; for the development assistance ac18 counts of the United States Agency for International De19 velopment ‘‘program, project, and activity’’ shall also be 

20 considered to include central, country, regional, and pro21 gram level funding, either as: 

22 (1) justified to the Congress; or 

23 (2) allocated by the executive branch in accord24 ance with a report, to be provided to the Committees 

25 on Appropriations within 30 days of the enactment 
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1 of this Act, as required by section 653(a) of the For2 eign Assistance Act of 1961. 

3 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

4 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

5 SEC. 7024. Unless expressly provided to the contrary, 

6 provisions of this or any other Act, including provisions 

7 contained in prior Acts authorizing or making appropria8 tions for the Department of State, foreign operations, and 

9 related programs, shall not be construed to prohibit activi10 ties authorized by or conducted under the Peace Corps 

11 Act, the Inter-American Foundation Act or the African 

12 Development Foundation Act: Provided, That the agency 

13 shall promptly report to the Committees on Appropria14 tions whenever it is conducting activities or is proposing 

15 to conduct activities in a country for which assistance is 

16 prohibited. 

17 COMMERCE, TRADE AND SURPLUS COMMODITIES

18 SEC. 7025. (a) None of the funds appropriated or 

19 made available pursuant to titles III through VI of this 

20 Act for direct assistance and none of the funds otherwise 

21 made available to the Export-Import Bank and the Over22 seas Private Investment Corporation shall be obligated or 

23 expended to finance any loan, any assistance or any other 

24 financial commitments for establishing or expanding pro25 duction of any commodity for export by any country other 
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1 than the United States, if the commodity is likely to be 

2 in surplus on world markets at the time the resulting pro3 ductive capacity is expected to become operative and if the 

4 assistance will cause substantial injury to United States 

5 producers of the same, similar, or competing commodity: 

6 Provided, That such prohibition shall not apply to the Ex7 port-Import Bank if in the judgment of its Board of Direc8 tors the benefits to industry and employment in the 

9 United States are likely to outweigh the injury to United 

10 States producers of the same, similar, or competing com11 modity, and the Chairman of the Board so notifies the 

12 Committees on Appropriations: Provided further, That this 

13 subsection shall not prohibit— 

14 (1) activities in a country that is eligible for as15 sistance from the International Development Asso16 ciation, is not eligible for assistance from the Inter17 national Bank for Reconstruction and Development, 

18 and does not export on a consistent basis the agri19 cultural commodity with respect to which assistance 

20 is furnished; or 

21 (2) activities in a country the President deter22 mines is recovering from widespread conflict, a hu23 manitarian crisis, or a complex emergency. 

24 (b) None of the funds appropriated by this or any 

25 other Act to carry out chapter 1 of part I of the Foreign 
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1 Assistance Act of 1961 shall be available for any testing 

2 or breeding feasibility study, variety improvement or intro3 duction, consultancy, publication, conference, or training 

4 in connection with the growth or production in a foreign 

5 country of an agricultural commodity for export which 

6 would compete with a similar commodity grown or pro7 duced in the United States: Provided, That this subsection 

8 shall not prohibit— 

9 (1) activities designed to increase food security 

10 in developing countries where such activities will not 

11 have a significant impact on the export of agricul12 tural commodities of the United States; 

13 (2) research activities intended primarily to 

14 benefit American producers; 

15 (3) activities in a country that is eligible for as16 sistance from the International Development Asso17 ciation, is not eligible for assistance from the Inter18 national Bank for Reconstruction and Development, 

19 and does not export on a consistent basis the agri20 cultural commodity with respect to which assistance 

21 is furnished; or 

22 (4) activities in a country the President deter23 mines is recovering from widespread conflict, a hu24 manitarian crisis, or a complex emergency. 
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1 SEPARATE ACCOUNTS

2 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

3 CURRENCIES.— 

4 (1) If assistance is furnished to the government 

5 of a foreign country under chapters 1 and 10 of part 

6 I or chapter 4 of part II of the Foreign Assistance 

7 Act of 1961 under agreements which result in the 

8 generation of local currencies of that country, the 

9 Administrator of the United States Agency for 

10 International Development (USAID) shall— 

11 (A) require that local currencies be depos12 ited in a separate account established by that 

13 government; 

14 (B) enter into an agreement with that gov15 ernment which sets forth— 

16 (i) the amount of the local currencies 

17 to be generated; and 

18 (ii) the terms and conditions under 

19 which the currencies so deposited may be 

20 utilized, consistent with this section; and 

21 (C) establish by agreement with that gov22 ernment the responsibilities of USAID and that 

23 government to monitor and account for deposits 

24 into and disbursements from the separate ac25 count. 
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1 (2) USES OF LOCAL CURRENCIES.—As may be 

2 agreed upon with the foreign government, local cur3 rencies deposited in a separate account pursuant to 

4 subsection (a), or an equivalent amount of local cur5 rencies, shall be used only— 

6 (A) to carry out chapter 1 or 10 of part 

7 I or chapter 4 of part II of the Foreign Assist8 ance Act of 1961 (as the case may be), for such 

9 purposes as— 

10 (i) project and sector assistance activi11 ties; or 

12 (ii) debt and deficit financing; or 

13 (B) for the administrative requirements of 

14 the United States Government. 

15 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

16 shall take all necessary steps to ensure that the 

17 equivalent of the local currencies disbursed pursuant 

18 to subsection (a)(2)(A) from the separate account 

19 established pursuant to subsection (a)(1) are used 

20 for the purposes agreed upon pursuant to subsection 

21 (a)(2). 

22 (4) TERMINATION OF ASSISTANCE PRO23 GRAMS.—Upon termination of assistance to a coun24 try under chapter 1 or 10 of part I or chapter 4 of 

25 part II of the Foreign Assistance Act of 1961 (as 
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1 the case may be), any unencumbered balances of 

2 funds which remain in a separate account estab3 lished pursuant to subsection (a) shall be disposed of 

4 for such purposes as may be agreed to by the gov5 ernment of that country and the United States Gov6 ernment. 

7 (5) REPORTING REQUIREMENT.—The USAID 

8 Administrator shall report on an annual basis as 

9 part of the justification documents submitted to the 

10 Committees on Appropriations on the use of local 

11 currencies for the administrative requirements of the 

12 United States Government as authorized in sub13 section (a)(2)(B), and such report shall include the 

14 amount of local currency (and United States dollar 

15 equivalent) used and/or to be used for such purpose 

16 in each applicable country. 

17 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

18 (1) If assistance is made available to the gov19 ernment of a foreign country, under chapter 1 or 10 

20 of part I or chapter 4 of part II of the Foreign As21 sistance Act of 1961, as cash transfer assistance or 

22 as nonproject sector assistance, that country shall be 

23 required to maintain such funds in a separate ac24 count and not commingle them with any other 

25 funds. 
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1 (2) APPLICABILITY OF OTHER PROVISIONS OF

2 LAW.—Such funds may be obligated and expended 

3 notwithstanding provisions of law which are incon4 sistent with the nature of this assistance including 

5 provisions which are referenced in the Joint Explan6 atory Statement of the Committee of Conference ac7 companying House Joint Resolution 648 (House Re8 port No. 98–1159). 

9 (3) NOTIFICATION.—At least 15 days prior to 

10 obligating any such cash transfer or nonproject sec11 tor assistance, the President shall submit a notifica12 tion through the regular notification procedures of 

13 the Committees on Appropriations, which shall in14 clude a detailed description of how the funds pro15 posed to be made available will be used, with a dis16 cussion of the United States interests that will be 

17 served by the assistance (including, as appropriate, 

18 a description of the economic policy reforms that will 

19 be promoted by such assistance). 

20 (4) EXEMPTION.—Nonproject sector assistance 

21 funds may be exempt from the requirements of sub22 section (b)(1) only through the regular notification 

23 procedures of the Committees on Appropriations. 
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1 ELIGIBILITY FOR ASSISTANCE

2 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN3 MENTAL ORGANIZATIONS.—Section 123 of the Foreign 

4 Assistance Act of 1961 (22 U.S.C. 2151u) is amended by 

5 adding the following new subsection at the end: 

6 ‘‘(i)(1) Restrictions contained in this or any other Act 

7 with respect to assistance for a country shall not be con8 strued to restrict assistance in support of programs of 

9 nongovernmental organizations from— 

10 ‘‘(A) funds made available to carry out this 

11 chapter and chapters 10, 11, and 12 of part I and 

12 chapter 4 of part II; or 

13 ‘‘(B) funds made available for economic assist14 ance activities under the Support for East European 

15 Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et 

16 seq.). 

17 ‘‘(2) The President shall submit to Congress, in ac18 cordance with section 634A, advance notice of an intent 

19 to obligate funds under the authority of this subsection 

20 to furnish assistance in support of programs of nongovern21 mental organizations. 

22 ‘‘(3) This subsection shall not apply— 

23 ‘‘(A) with respect to section 620A of this Act 

24 or any comparable provision of law prohibiting as-
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1 sistance to governments that support international 

2 terrorism; or 

3 ‘‘(B) with respect to section 116 of this Act or 

4 any comparable provision of law prohibiting assist5 ance to the government of a country that violates 

6 internationally recognized human rights. 

7 ‘‘(4) Nothing in this subsection shall be construed to 

8 alter any existing statutory prohibitions against abortion 

9 or involuntary sterilization contained in this or any other 

10 Act.’’. 

11 (b) PUBLIC LAW 480.—During fiscal year 2012, re12 strictions contained in this or any other Act with respect 

13 to assistance for a country shall not be construed to re14 strict assistance under the Food for Peace Act (Public 

15 Law 83–480, as amended): Provided, That none of the 

16 funds appropriated to carry out title I of such Act and 

17 made available pursuant to this subsection may be obli18 gated or expended except as provided through the regular 

19 notification procedures of the Committees on Appropria20 tions. 

21 IMPACT ON JOBS IN THE UNITED STATES

22 SEC. 7028. None of the funds appropriated under ti23 tles III through VI of this Act may be obligated or ex24 pended to provide— 
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1 (1) any financial incentive to a business enter2 prise currently located in the United States for the 

3 purpose of inducing such an enterprise to relocate 

4 outside the United States if such incentive or in5 ducement is likely to reduce the number of employ6 ees of such business enterprise in the United States 

7 because United States production is being replaced 

8 by such enterprise outside the United States; or 

9 (2) assistance for any program, project, or ac10 tivity that contributes to the violation of internation11 ally recognized workers rights, as defined in section 

12 507(4) of the Trade Act of 1974, of workers in the 

13 recipient country, including any designated zone or 

14 area in that country: Provided, That the application 

15 of section 507(4)(D) and (E) of such Act should be 

16 commensurate with the level of development of the 

17 recipient country and sector, and shall not preclude 

18 assistance for the informal sector in such country, 

19 micro and small-scale enterprise, and smallholder 

20 agriculture. 

21 INTERNATIONAL FINANCIAL INSTITUTIONS

22 SEC. 7029. (a) None of the funds appropriated under 

23 title V of this Act may be made as payment to any inter24 national financial institution while the United States exec25 utive director to such institution is compensated by the 
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1 institution at a rate which, together with whatever com2 pensation such executive director receives from the United 

3 States, is in excess of the rate provided for an individual 

4 occupying a position at level IV of the Executive Schedule 

5 under section 5315 of title 5, United States Code, or while 

6 any alternate United States executive director to such in7 stitution is compensated by the institution at a rate in 

8 excess of the rate provided for an individual occupying a 

9 position at level V of the Executive Schedule under section 

10 5316 of title 5, United States Code. 

11 (b) Of the funds appropriated under title V of this 

12 Act that are available for payments to international finan13 cial institutions, 10 percent should not be obligated for 

14 any such institution until the Secretary of the Treasury 

15 reports to the Committees on Appropriations that the in16 stitution is implementing effective practices to protect 

17 whistleblowers (including the institution’s employees and 

18 others affected by the institution’s operations) from retal19 iation for internal and lawful public disclosures, includ20 ing— 

21 (1) best practices for legal burdens of proof; 

22 (2) access to independent adjudicative bodies, 

23 including external arbitration based on consensus se24 lection and shared costs; 
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1 (3) results that eliminate the effects of proven 

2 retaliation; and 

3 (4) a minimum of a 6-month statute of limita4 tions for reporting retaliation. 

5 (c) The Secretary of the Treasury shall instruct the 

6 United States executive director of each international fi7 nancial institution to oppose any loan, grant, strategy or 

8 policy of such institution that would require user fees or 

9 service charges on poor people for primary education or 

10 primary healthcare, including prevention, care and treat11 ment for HIV/AIDS, malaria, tuberculosis, and infant, 

12 child, and maternal health, in connection with such insti13 tution’s financing programs. 

14 (d) The Secretary of the Treasury shall instruct the 

15 United States Executive Director of the International 

16 Monetary Fund (the Fund) to use the voice and vote of 

17 the United States to oppose any loan, project, agreement, 

18 memorandum, instrument, plan, or other program of the 

19 Fund to a Heavily Indebted Poor Country that imposes 

20 budget caps or restraints that do not allow the mainte21 nance of or an increase in governmental spending on 

22 healthcare or education; and to promote government 

23 spending on healthcare, education, agriculture and food 

24 security, or other critical safety net programs in all of the 
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1 Fund’s activities with respect to Heavily Indebted Poor 

2 Countries. 

3 (e) The Secretary of the Treasury shall instruct the 

4 United States executive directors of the international fi5 nancial institutions to use the voice and vote of the United 

6 States to oppose any assistance by such institutions, using 

7 funds appropriated or made available pursuant to titles 

8 III through VI of this Act, for the production or extraction 

9 of any commodity or mineral for export, if it is in surplus 

10 on world markets and if the assistance will cause substan11 tial injury to United States producers of the same, similar, 

12 or competing commodity. 

13 (f) For the purposes of this Act ‘‘international finan14 cial institutions’’ shall mean the International Bank for 

15 Reconstruction and Development, the International Devel16 opment Association, the International Finance Corpora17 tion, the Inter-American Development Bank, the Inter18 national Monetary Fund, the Asian Development Bank, 

19 the Asian Development Fund, the Inter-American Invest20 ment Corporation, the North American Development 

21 Bank, the European Bank for Reconstruction and Devel22 opment, the African Development Bank and the African 

23 Development Fund. 
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1 DEBT-FOR-DEVELOPMENT

2 SEC. 7030. In order to enhance the continued partici3 pation of nongovernmental organizations in debt-for-devel4 opment and debt-for-nature exchanges, a nongovern5 mental organization which is a grantee or contractor of 

6 the United States Agency for International Development 

7 may place in interest bearing accounts local currencies 

8 which accrue to that organization as a result of economic 

9 assistance provided under title III of this Act and, subject 

10 to the regular notification procedures of the Committees 

11 on Appropriations, any interest earned on such investment 

12 shall be used for the purpose for which the assistance was 

13 provided to that organization. 

14 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

15 SEC. 7031. (a) LOANS ELIGIBLE FOR SALE, REDUC16 TION, OR CANCELLATION.— 

17 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

18 CERTAIN LOANS.—Notwithstanding any other provi19 sion of law, the President may, in accordance with 

20 this section, sell to any eligible purchaser any 

21 concessional loan or portion thereof made before 

22 January 1, 1995, pursuant to the Foreign Assist23 ance Act of 1961, to the government of any eligible 

24 country as defined in section 702(6) of that Act or 

25 on receipt of payment from an eligible purchaser, re-
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1 duce or cancel such loan or portion thereof, only for 

2 the purpose of facilitating— 

3 (A) debt-for-equity swaps, debt-for-develop4 ment swaps, or debt-for-nature swaps; or 

5 (B) a debt buyback by an eligible country 

6 of its own qualified debt, only if the eligible 

7 country uses an additional amount of the local 

8 currency of the eligible country, equal to not 

9 less than 40 percent of the price paid for such 

10 debt by such eligible country, or the difference 

11 between the price paid for such debt and the 

12 face value of such debt, to support activities 

13 that link conservation and sustainable use of 

14 natural resources with local community develop15 ment, and child survival and other child devel16 opment, in a manner consistent with sections 

17 707 through 710 of the Foreign Assistance Act 

18 of 1961, if the sale, reduction, or cancellation 

19 would not contravene any term or condition of 

20 any prior agreement relating to such loan. 

21 (2) TERMS AND CONDITIONS.—Notwithstanding 

22 any other provision of law, the President shall, in ac23 cordance with this section, establish the terms and 

24 conditions under which loans may be sold, reduced, 

25 or canceled pursuant to this section. 
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1 (3) ADMINISTRATION.—The Facility, as defined 

2 in section 702(8) of the Foreign Assistance Act of 

3 1961, shall notify the administrator of the agency 

4 primarily responsible for administering part I of the 

5 Foreign Assistance Act of 1961 of purchasers that 

6 the President has determined to be eligible, and 

7 shall direct such agency to carry out the sale, reduc8 tion, or cancellation of a loan pursuant to this sec9 tion: Provided, That such agency shall make adjust10 ment in its accounts to reflect the sale, reduction, or 

11 cancellation. 

12 (4) LIMITATION.—The authorities of this sub13 section shall be available only to the extent that ap14 propriations for the cost of the modification, as de15 fined in section 502 of the Congressional Budget Act 

16 of 1974, are made in advance. 

17 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

18 sale, reduction, or cancellation of any loan sold, reduced, 

19 or canceled pursuant to this section shall be deposited in 

20 the United States Government account or accounts estab21 lished for the repayment of such loan. 

22 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

23 pursuant to subsection (a)(1)(A) only to a purchaser who 

24 presents plans satisfactory to the President for using the 
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1 loan for the purpose of engaging in debt-for-equity swaps, 

2 debt-for-development swaps, or debt-for-nature swaps. 

3 (d) DEBTOR CONSULTATIONS.—Before the sale to 

4 any eligible purchaser, or any reduction or cancellation 

5 pursuant to this section, of any loan made to an eligible 

6 country, the President should consult with the country 

7 concerning the amount of loans to be sold, reduced, or 

8 canceled and their uses for debt-for-equity swaps, debt9 for-development swaps, or debt-for-nature swaps. 

10 (e) AVAILABILITY OF FUNDS.—The authority pro11 vided by subsection (a) may be used only with regard to 

12 funds appropriated by this Act under the heading ‘‘Debt 

13 Restructuring’’. 

14 SPECIAL PROVISIONS

15 SEC. 7032. (a) AFGHANISTAN, PAKISTAN, IRAQ, 

16 LEBANON, VICTIMS OF WAR, DISPLACED CHILDREN, AND

17 DISPLACED BURMESE.—Funds appropriated under titles 

18 III through VI of this Act that are made available for as19 sistance for Afghanistan may be made available notwith20 standing section 7012 of this Act or any similar provision 

21 of law and section 660 of the Foreign Assistance Act of 

22 1961, and funds appropriated under titles III and VI of 

23 this Act that are made available for assistance for Paki24 stan, Iraq, and Lebanon and for victims of war, displaced 

25 children, displaced Burmese, and to assist victims of traf-
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1 ficking in persons and, subject to the regular notification 

2 procedures of the Committees on Appropriations, to com3 bat such trafficking, may be made available notwith4 standing any other provision of law except section 620M 

5 of the Foreign Assistance Act, as amended by this Act. 

6 (b) WAIVER.— 

7 (1) The President may waive the provisions of 

8 section 1003 of Public Law 100–204 if the Presi9 dent determines and certifies in writing to the Presi10 dent pro tempore of the Senate, the Speaker of the 

11 House of Representatives, and the Committees on 

12 Appropriations that it is important to the national 

13 security interests of the United States. 

14 (2) PERIOD OF APPLICATION OF WAIVER.—Any 

15 waiver pursuant to paragraph (1) shall be effective 

16 for no more than a period of 6 months at a time and 

17 shall not apply beyond 12 months after the enact18 ment of this Act. 

19 (3) Not later than 30 days after enactment of 

20 this Act, the Secretary of State shall submit to the 

21 Committees on Appropriations specific recommenda22 tions on appropriate actions to be taken with respect 

23 to the Palestine Liberation Organization’s status in 

24 the United States, especially about the closing of its 

25 office, if Palestine seeks to become a member or 
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1 non-member state of the United Nations outside an 

2 agreement negotiated between Israel and the Pal3 estinians. 

4 (c) SMALL BUSINESS.—In entering into multiple 

5 award indefinite-quantity contracts with funds appro6 priated by this Act, the United States Agency for Inter7 national Development (USAID) may provide an exception 

8 to the fair opportunity process for placing task orders 

9 under such contracts when the order is placed with any 

10 category of small or small disadvantaged business. 

11 (d) RECONSTITUTING CIVILIAN POLICE AUTHOR12 ITY.—In providing assistance with funds appropriated by 

13 this Act under section 660(b)(6) of the Foreign Assistance 

14 Act of 1961, support for a nation emerging from insta15 bility may be deemed to mean support for regional, dis16 trict, municipal, or other sub-national entity emerging 

17 from instability, as well as a nation emerging from insta18 bility. 

19 (e) EXTENSION OF AUTHORITY.—The Foreign Oper20 ations, Export Financing, and Related Programs Appro21 priations Act, 1990 (Public Law 101–167) is amended— 

22 (1) In section 599D (8 U.S.C. 1157 note)— 

23 (A) in subsection (b)(3), by striking ‘‘and 

24 2011’’ and inserting ‘‘2011, and 2012’’; and 
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1 (B) in subsection (e), by striking ‘‘June 1, 

2 2011’’ each place it appears and inserting ‘‘Oc3 tober 1, 2012’’; and 

4 (2) in section 599E (8 U.S.C. 1255 note) in 

5 subsection (b)(2), by striking ‘‘2011’’ and inserting 

6 ‘‘2012’’. 

7 (f) WORLD FOOD PROGRAM.—Funds managed by 

8 the Bureau for Democracy, Conflict, and Humanitarian 

9 Assistance, USAID, from this or any other Act, shall be 

10 made available as a general contribution to the World 

11 Food Program, notwithstanding any other provision of 

12 law. 

13 (g) DISARMAMENT, DEMOBILIZATION AND RE14 INTEGRATION.—Notwithstanding any other provision of 

15 law, regulation or Executive order, funds appropriated by 

16 this Act and prior Acts making appropriations for the De17 partment of State, foreign operations, and related pro18 grams under the headings ‘‘Economic Support Fund’’, 

19 ‘‘Peacekeeping Operations’’, ‘‘International Disaster As20 sistance’’, and ‘‘Transition Initiatives’’ should be made 

21 available to support programs to disarm, demobilize, and 

22 reintegrate into civilian society former members of foreign 

23 terrorist organizations: Provided, That the Secretary of 

24 State shall consult with the Committees on Appropriations 

25 prior to the obligation of funds pursuant to this sub-
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1 section: Provided further, That for the purposes of this 

2 subsection the term ‘‘foreign terrorist organization’’ 

3 means an organization designated as a terrorist organiza4 tion under section 219 of the Immigration and Nationality 

5 Act. 

6 (h) CONTINGENCIES.—During fiscal year 2012, the 

7 President may use up to $75,000,000 under the authority 

8 of section 451 of the Foreign Assistance Act of 1961, not9 withstanding any other provision of law. 

10 (i) CONSOLIDATION OF REPORTS.—The Secretary of 

11 State, in coordination with the USAID Administrator, 

12 shall submit to the Committees on Appropriations not 

13 later than 90 days after enactment of this Act rec14 ommendations for the consolidation or combination of re15 ports (including plans and strategies) that are called for 

16 by any provision of law to be submitted to the Congress 

17 and that are substantially duplicative of others called for 

18 by any other provision of law: Provided, That reports are 

19 considered ‘‘substantially duplicative’’ if they are required 

20 to address at least more than half of the same substantive 

21 factors, criteria and issues that are required to be ad22 dressed by any other report, and any such consolidated 

23 report must address all the substantive factors, criteria 

24 and issues required to be addressed in each of the indi25 vidual reports: Provided further, That reports affected by 
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1 this subsection are those within the purview of, or pre2 pared primarily by, the Department of State and USAID 

3 and that relate to matters addressed under this Act or 

4 any other Act authorizing or appropriating funds for use 

5 by, or actions of, the Department of State or USAID. 

6 (j) PROMOTION OF DEMOCRACY.— 

7 (1) Funds made available by this Act that are 

8 made available for the promotion of democracy may 

9 be made available notwithstanding any other provi10 sion of law, and with regard to the National Endow11 ment for Democracy, any regulation. 

12 (2) For the purposes of funds appropriated by 

13 this Act, the term ‘‘promotion of democracy’’ means 

14 programs that support good governance, human 

15 rights, independent media, and the rule of law, and 

16 otherwise strengthen the capacity of democratic po17 litical parties, governments, nongovernmental organi18 zations and institutions, and citizens to support the 

19 development of democratic states, institutions, and 

20 practices that are responsive and accountable to citi21 zens. 

22 (3) With respect to the provision of assistance 

23 for democracy, human rights and governance activi24 ties in this Act, the organizations implementing such 

25 assistance and the specific nature of that assistance 
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1 shall not be subject to the prior approval by the gov2 ernment of any foreign country. 

3 (4) Of the funds appropriated under the head4 ing ‘‘Economic Support Fund’’, up to $25,000,000 

5 shall be made available to the Bureau of Democracy, 

6 Human Rights and Labor for programs to promote 

7 human rights by expanding open and uncensored ac8 cess to information and communication through the 

9 Internet, mobile phones, and other connection tech10 nologies including digital safety training, policy and 

11 advocacy, and the development of circumvention and 

12 secure communication technologies, as identified in 

13 the Department of State’s Internet freedom strat14 egy: Provided, That funds made available by this 

15 section should be matched by sources other than the 

16 United States Government, as appropriate: Provided 

17 further, That the Secretary of State shall coordinate 

18 the uses of circumvention and secure communica19 tions technologies with the Administrator of the 

20 United States Agency for International Development 

21 (USAID) and the Broadcasting Board of Governors, 

22 as appropriate: Provided further, That the cir23 cumvention technologies and programs supported by 

24 funds made available by this Act, Public Law 111– 

25 117 or Public Law 112–10 shall undergo a peer re-
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1 view, to include an assessment of the protection 

2 against such technologies being used for illicit pur3 poses, including to further the communications capa4 bilities of extremist groups or their supporters: Pro5 vided further, That prior to the obligation of funds, 

6 the Secretary of State shall submit to the Commit7 tees on Appropriations a report detailing planned ex8 penditures of funds made available for activities to 

9 promote Internet freedom: Provided further, That 

10 not later than September 30, 2012, the Secretary of 

11 State, in coordination with the USAID Adminis12 trator, shall submit a report to the Committees on 

13 Appropriations listing programs supported by the 

14 Department of State and USAID to promote Inter15 net freedom, including an assessment of the results 

16 of such programs, and detailing how such programs 

17 further, and are coordinated with cyber diplomacy 

18 and the United States International Strategy for 

19 Cyberspace. 

20 (k) ACCOUNTABILITY REVIEW BOARDS.—The au21 thority provided by section 301(a)(3) of the Omnibus Dip22 lomatic Security and Antiterrorism Act of 1986 (22 

23 U.S.C. 4831(a)(3)) shall remain in effect through Sep24 tember 30, 2012. 
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1 (l) PARTNER VETTING.—The provisions of section 

2 7034(o) of division F of Public Law 111–117 shall remain 

3 in effect through fiscal year 2012. 

4 (m) MOTOR VEHICLE POLLUTION CONTROL.—Not 

5 later than 90 days after enactment of this Act, the head 

6 of each United States Government agency that receives 

7 funds appropriated by this Act shall establish a policy to 

8 eliminate unnecessary idling of motor vehicles owned or 

9 leased by such department or agency, and provide a copy 

10 of such policy to the Committees on Appropriations includ11 ing an estimate of the amount of annual fuel savings that 

12 will result from such policy: Provided, That such policy 

13 may include exceptions to accommodate important secu14 rity, health, or safety concerns, and if necessary to per15 form an important job function, ensure safe operating con16 ditions, or to operate a motor vehicle in accordance with 

17 manufacturer specifications. 

18 (n) PROTECTIONS AND REMEDIES FOR EMPLOYEES

19 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI20 ZATIONS.—The Secretary of State shall implement section 

21 203(a)(2) of the William Wilberforce Trafficking Victims 

22 Protection Reauthorization Act of 2008 (Public Law 110– 

23 457): Provided, That in determining whether to suspend 

24 the issuance of A–3 or G–5 visas to applicants seeking 

25 to work for officials of a diplomatic mission or inter-
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1 national organization, the Secretary shall consider wheth2 er a final court judgment has been issued against a cur3 rent or former employee of such mission or organization 

4 (and the time period for a final appeal has expired) or 

5 whether the Department of State has requested that im6 munity of individual diplomats or family members be 

7 waived to permit criminal prosecution: Provided further, 

8 That the Secretary should continue to assist in obtaining 

9 payment of final court judgments awarded to A–3 and G– 

10 5 visa holders, including encouraging the sending states 

11 to provide compensation directly to victims: Provided fur12 ther, That the Secretary shall include, in a manner the 

13 Secretary deems appropriate, all trafficking cases involv14 ing A–3 or G–5 visa holders in the Trafficking in Persons 

15 annual report for which a final civil judgment has been 

16 issued (and the time period for final appeal has expired) 

17 or the Department of Justice has determined that the 

18 United States Government would seek to indict the dip19 lomat or a family member but for diplomatic immunity. 

20 (o) MODIFICATION OF AMENDMENT.—Section 620J 

21 of the Foreign Assistance Act of 1961 (Limitation on As22 sistance to Security Forces) is amended as follows: 

23 (1) by redesignating the section as section 

24 620M; 
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1 (2) in subsection (a), by striking ‘‘evidence’’ 

2 and inserting ‘‘information’’ and by striking ‘‘gross 

3 violations’’ and inserting ‘‘a gross violation’’; 

4 (3) in subsection (b), by striking ‘‘measures’’ 

5 and inserting ‘‘steps’’; and 

6 (4) by adding the following subsections: 

7 ‘‘(d) CREDIBLE INFORMATION.—Not later than 180 

8 days after the enactment of this section, the Secretary 

9 shall establish, and periodically update, procedures to— 

10 ‘‘(1) ensure that for each country the Depart11 ment of State has a current list of all security force 

12 units receiving United States training, equipment, or 

13 other types of assistance; 

14 ‘‘(2) facilitate receipt by the Department of 

15 State and United States embassies of information 

16 from individuals and organizations outside the 

17 United States Government about gross violations of 

18 human rights by security force units; 

19 ‘‘(3) routinely request and obtain such informa20 tion from the Department of Defense, the Central 

21 Intelligence Agency, and other United States Gov22 ernment sources; 

23 ‘‘(4) ensure that such information is evaluated 

24 and preserved; 
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1 ‘‘(5) ensure that when vetting an individual for 

2 eligibility to receive United States training the indi3 vidual’s unit is also vetted; 

4 ‘‘(6) seek to identify the unit involved when 

5 credible information of a gross violation exists but 

6 the identity of the unit is lacking; and 

7 ‘‘(7) make publicly available, to the maximum 

8 extent practicable, the identity of those units for 

9 which the Secretary has credible information. 

10 ‘‘(e) REPORT.—The Secretary shall provide a copy of 

11 the procedures to the Committees on Appropriations.’’ 

12 (p) SECTIONS REPEALED.—Sections 494, 495, and 

13 495B through 495K of the Foreign Assistance Act of 

14 1961 are hereby repealed. 

15 (q) ANNUITANT WAIVER.— 

16 (1) Section 824 of the Foreign Service Act of 

17 1980 (22 U.S.C. 4064) is amended in subsection 

18 (g)— 

19 (A) in paragraph (1)(B), by inserting ‘‘to 

20 positions in the Response Readiness Corps,’’ be21 fore ‘‘or to posts vacated’’; and 

22 (B) in paragraph (2), by striking ‘‘2011’’ 

23 and inserting in lieu thereof ‘‘2013’’. 
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1 (2) Section 61 of the State Department Basic 

2 Authorities Act of 1956 (22 U.S.C. 2733) is amend3 ed in subsection (a)— 

4 (A) in paragraph (1), by inserting ‘‘to po5 sitions in the Response Readiness Corps,’’ be6 fore ‘‘or to posts vacated’’; and 

7 (B) in paragraph (2), by striking ‘‘2011’’ 

8 and inserting in lieu thereof ‘‘2013’’. 

9 (3) Section 625 of the Foreign Assistance Act 

10 of 1961 (22 U.S.C. 2385) is amended in subsection 

11 (j)(1)— 

12 (A) in subparagraph (A), by inserting ‘‘to 

13 positions in the Response Readiness Corps,’’ be14 fore ‘‘or to posts vacated’’; and 

15 (B) in subparagraph (B), by striking 

16 ‘‘2011’’ and inserting in lieu thereof ‘‘2013’’. 

17 (r) INCENTIVES FOR CRITICAL POSTS.—The author18 ity contained in section 1115(d) of Public Law 111–32 

19 shall remain in effect through fiscal year 2012. 

20 (s) REPORTS REPEALED.—Section 4(b) of Public 

21 Law 79–264; section 51(a)(2) of Public Law 84–885; sec22 tions 133(d), 620C(c) and 620F(c) of Public Law 87–195; 

23 section 807 of Public Law 98–164; section 704(c) of Pub24 lic Law 101–179; section 104 of Public Law 102–511; sec25 tion 560(g) of Public Law 103–87; sections 514(a) and 
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1 527(f) of Public Law 103–236; section 605(c) of Appendix 

2 G, Public Law 106–113; sections 3203 and 3204(f) of di3 vision B of Public Law 106–246; section 564(g)(4) of 

4 Public Law 106–429; section 304(f) of Public Law 107– 

5 173; sections 694(a), 694(b), 702, 704 and 1321 of Public 

6 Law 107–228; and section 409(c) of Public Law 108–447 

7 are hereby repealed. 

8 (t) FEE.—Section 1(b)(2) of the Passport Act of 

9 June 4, 1920 (22 U.S.C. 214(b)(2)) is amended by strik10 ing ‘‘2011’’ and inserting instead ‘‘2012’’. 

11 (u) CONFLICT STABILIZATION OPERATIONS AU12 THORITY.—Of the funds appropriated in title I of this Act 

13 under the heading ‘‘Diplomatic and Consular Programs’’, 

14 up to $35,000,000, to remain available until expended, 

15 may be made available pursuant to the authorities under 

16 the heading ‘‘Civilian Stabilization Initiative’’ in title I of 

17 division F of Public Law 111–117: Provided, That the 

18 third and fourth proviso under such heading shall not 

19 apply to funds made available under this subsection. 

20 (v) TRANSFER OF AUTHORITY.— 

21 (1) The State Department Basic Authorities 

22 Act of 1956 is amended in section 1(c)(1) (22 

23 U.S.C. 2651a(c)(1)) by striking ‘‘24’’ and inserting 

24 instead ‘‘26’’. 
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1 (2) The Secretary of State may transfer any 

2 authority, duty, or function assigned by statute to 

3 the Coordinator for Counterterrorism, the Coordi4 nator for Reconstruction and Stabilization, or the 

5 Coordinator for International Energy Affairs (or to 

6 their respective offices) to such other officials or of7 fices of the Department of State as the Secretary 

8 may determine from time to time, following con9 sultation with the Committees on Appropriations. 

10 (w) COUNTRY EXPENDITURES.—Except to respond 

11 to humanitarian crises or natural or man-made disasters, 

12 or to promote democracy or protect human rights, funds 

13 appropriated under the headings ‘‘Global Health Pro14 grams’’, ‘‘Development Assistance’’, ‘‘Economic Support 

15 Fund’’, ‘‘Millennium Challenge Corporation’’, and ‘‘Inter16 national Narcotics Control and Law Enforcement’’ shall 

17 not be made available for programs and activities in any 

18 country whose government is not increasing its own budg19 etary expenditures for such programs and activities. 

20 (x) PERSONNEL.—The authority provided by section 

21 1113 of Public Law 111–32 shall remain in effect through 

22 fiscal year 2012: Provided, That none of the funds appro23 priated or otherwise made available by this Act or any 

24 other Act making appropriations for the Department of 
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1 State, foreign operations, and related programs may be 

2 used to implement phase 3 of such authority. 

3 (y) INTERNATIONAL CHILD ABDUCTIONS.—The Sec4 retary of State may withhold funds appropriated by this 

5 Act under the heading ‘‘Economic Support Fund’’ for as6 sistance for the central government of any country that 

7 the Secretary determines is not taking appropriate steps 

8 to comply with the Convention on the Civil Aspects of 

9 International Child Abductions, done at the Hague on Oc10 tober 25, 1980: Provided, That the Secretary shall report 

11 to the Committees on Appropriations within 15 days of 

12 making any such determination. 

13 ARAB LEAGUE BOYCOTT OF ISRAEL

14 SEC. 7033. It is the sense of the Congress that— 

15 (1) the Arab League boycott of Israel, and the 

16 secondary boycott of American firms that have com17 mercial ties with Israel, is an impediment to peace 

18 in the region and to United States investment and 

19 trade in the Middle East and North Africa; 

20 (2) the Arab League boycott, which was regret21 tably reinstated in 1997, should be immediately and 

22 publicly terminated, and the Central Office for the 

23 Boycott of Israel immediately disbanded; 

24 (3) all Arab League states should normalize re25 lations with their neighbor Israel; 
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1 (4) the President and the Secretary of State 

2 should continue to vigorously oppose the Arab 

3 League boycott of Israel and find concrete steps to 

4 demonstrate that opposition by, for example, taking 

5 into consideration the participation of any recipient 

6 country in the boycott when determining to sell 

7 weapons to said country; and 

8 (5) the President should report to Congress an9 nually on specific steps being taken by the United 

10 States to encourage Arab League states to normalize 

11 their relations with Israel to bring about the termi12 nation of the Arab League boycott of Israel, includ13 ing those to encourage allies and trading partners of 

14 the United States to enact laws prohibiting busi15 nesses from complying with the boycott and penal16 izing businesses that do comply. 

17 PALESTINIAN STATEHOOD

18 SEC. 7034. (a) LIMITATION ON ASSISTANCE.—None 

19 of the funds appropriated under titles III through VI of 

20 this Act may be provided to support a Palestinian state 

21 unless the Secretary of State determines and certifies to 

22 the appropriate congressional committees that— 

23 (1) the governing entity of a new Palestinian 

24 state— 
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1 (A) has demonstrated a firm commitment 

2 to peaceful co-existence with the State of Israel; 

3 (B) is taking appropriate measures to 

4 counter terrorism and terrorist financing in the 

5 West Bank and Gaza, including the dismantling 

6 of terrorist infrastructures, and is cooperating 

7 with appropriate Israeli and other appropriate 

8 security organizations; and 

9 (2) the Palestinian Authority (or the governing 

10 entity of a new Palestinian state) is working with 

11 other countries in the region to vigorously pursue ef12 forts to establish a just, lasting, and comprehensive 

13 peace in the Middle East that will enable Israel and 

14 an independent Palestinian state to exist within the 

15 context of full and normal relationships, which 

16 should include— 

17 (A) termination of all claims or states of 

18 belligerency; 

19 (B) respect for and acknowledgment of the 

20 sovereignty, territorial integrity, and political 

21 independence of every state in the area through 

22 measures including the establishment of demili23 tarized zones; 
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1 (C) their right to live in peace within se2 cure and recognized boundaries free from 

3 threats or acts of force; 

4 (D) freedom of navigation through inter5 national waterways in the area; and 

6 (E) a framework for achieving a just set7 tlement of the refugee problem. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the governing entity should enact a constitution 

10 assuring the rule of law, an independent judiciary, and 

11 respect for human rights for its citizens, and should enact 

12 other laws and regulations assuring transparent and ac13 countable governance. 

14 (c) WAIVER.—The President may waive subsection 

15 (a) if the President determines that it is important to the 

16 national security interests of the United States to do so. 

17 (d) EXEMPTION.—The restriction in subsection (a) 

18 shall not apply to assistance intended to help reform the 

19 Palestinian Authority and affiliated institutions, or the 

20 governing entity, in order to help meet the requirements 

21 of subsection (a), consistent with the provisions of section 

22 7038 of this Act (‘‘Limitation on Assistance for the Pales23 tinian Authority’’). 
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1 RESTRICTIONS CONCERNING THE PALESTINIAN

2 AUTHORITY

3 SEC. 7035. None of the funds appropriated under ti4 tles II through VI of this Act may be obligated or ex5 pended to create in any part of Jerusalem a new office 

6 of any department or agency of the United States Govern7 ment for the purpose of conducting official United States 

8 Government business with the Palestinian Authority over 

9 Gaza and Jericho or any successor Palestinian governing 

10 entity provided for in the Israel-PLO Declaration of Prin11 ciples: Provided, That this restriction shall not apply to 

12 the acquisition of additional space for the existing Con13 sulate General in Jerusalem: Provided further, That meet14 ings between officers and employees of the United States 

15 and officials of the Palestinian Authority, or any successor 

16 Palestinian governing entity provided for in the Israel17 PLO Declaration of Principles, for the purpose of con18 ducting official United States Government business with 

19 such authority should continue to take place in locations 

20 other than Jerusalem: Provided further, That as has been 

21 true in the past, officers and employees of the United 

22 States Government may continue to meet in Jerusalem on 

23 other subjects with Palestinians (including those who now 

24 occupy positions in the Palestinian Authority), have social 

25 contacts, and have incidental discussions. 
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1 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

2 BROADCASTING CORPORATION

3 SEC. 7036. None of the funds appropriated or other4 wise made available by this Act may be used to provide 

5 equipment, technical support, consulting services, or any 

6 other form of assistance to the Palestinian Broadcasting 

7 Corporation. 

8 ASSISTANCE FOR THE WEST BANK AND GAZA

9 SEC. 7037. (a) OVERSIGHT.—For fiscal year 2012, 

10 30 days prior to the initial obligation of funds for the bi11 lateral West Bank and Gaza Program, the Secretary of 

12 State shall certify to the Committees on Appropriations 

13 that procedures have been established to assure the Comp14 troller General of the United States will have access to 

15 appropriate United States financial information in order 

16 to review the uses of United States assistance for the Pro17 gram funded under the heading ‘‘Economic Support 

18 Fund’’ for the West Bank and Gaza. 

19 (b) VETTING.—Prior to the obligation of funds ap20 propriated by this Act under the heading ‘‘Economic Sup21 port Fund’’ for assistance for the West Bank and Gaza, 

22 the Secretary of State shall take all appropriate steps to 

23 ensure that such assistance is not provided to or through 

24 any individual, private or government entity, or edu25 cational institution that the Secretary knows or has reason 
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1 to believe advocates, plans, sponsors, engages in, or has 

2 engaged in, terrorist activity nor, with respect to private 

3 entities or educational institutions, those that have as a 

4 principal officer of the entity’s governing board or gov5 erning board of trustees any individual that has been de6 termined to be involved in, or advocating terrorist activity 

7 or determined to be a member of a designated foreign ter8 rorist organization: Provided, That the Secretary of State 

9 shall, as appropriate, establish procedures specifying the 

10 steps to be taken in carrying out this subsection and shall 

11 terminate assistance to any individual, entity, or edu12 cational institution which the Secretary has determined to 

13 be involved in or advocating terrorist activity. 

14 (c) PROHIBITION.— 

15 (1) None of the funds appropriated under titles 

16 III through VI of this Act for assistance under the 

17 West Bank and Gaza Program may be made avail18 able for the purpose of recognizing or otherwise hon19 oring individuals who commit, or have committed 

20 acts of terrorism. 

21 (2) Notwithstanding any other provision of law, 

22 none of the funds made available by this or prior ap23 propriations act, including funds made available by 

24 transfer, may be made available for obligation for se25 curity assistance for the West Bank and Gaza until 
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1 the Secretary of State reports to the Committees on 

2 Appropriations on the benchmarks that have been 

3 established for security assistance for the West 

4 Bank and Gaza and reports on the extent of Pales5 tinian compliance with such benchmarks. 

6 (d) AUDITS.— 

7 (1) The Administrator of the United States 

8 Agency for International Development shall ensure 

9 that Federal or non-Federal audits of all contractors 

10 and grantees, and significant subcontractors and 

11 sub-grantees, under the West Bank and Gaza Pro12 gram, are conducted at least on an annual basis to 

13 ensure, among other things, compliance with this 

14 section. 

15 (2) Of the funds appropriated by this Act up to 

16 $500,000 may be used by the Office of Inspector 

17 General of the United States Agency for Inter18 national Development for audits, inspections, and 

19 other activities in furtherance of the requirements of 

20 this subsection: Provided, That such funds are in ad21 dition to funds otherwise available for such pur22 poses. 

23 (e) Subsequent to the certification specified in sub24 section (a), the Comptroller General of the United States 

25 shall conduct an audit and an investigation of the treat-
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1 ment, handling, and uses of all funds for the bilateral 

2 West Bank and Gaza Program, including all funds pro3 vided as cash transfer assistance, in fiscal year 2012 

4 under the heading ‘‘Economic Support Fund’’, and such 

5 audit shall address— 

6 (1) the extent to which such Program complies 

7 with the requirements of subsections (b) and (c); 

8 and 

9 (2) an examination of all programs, projects, 

10 and activities carried out under such Program, in11 cluding both obligations and expenditures. 

12 (f) Funds made available in this Act for West Bank 

13 and Gaza shall be subject to the regular notification proce14 dures of the Committees on Appropriations. 

15 (g) Not later than 180 days after enactment of this 

16 Act, the Secretary of State shall submit a report to the 

17 Committees on Appropriations updating the report con18 tained in section 2106 of chapter 2 of title II of Public 

19 Law 109–13. 

20 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

21 AUTHORITY

22 SEC. 7038. (a) PROHIBITION OF FUNDS.—None of 

23 the funds appropriated by this Act to carry out the provi24 sions of chapter 4 of part II of the Foreign Assistance 
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1 Act of 1961 may be obligated or expended with respect 

2 to providing funds to the Palestinian Authority. 

3 (b) WAIVER.—The prohibition included in subsection 

4 (a) shall not apply if the President certifies in writing to 

5 the Speaker of the House of Representatives, the Presi6 dent pro tempore of the Senate, and the Committees on 

7 Appropriations that waiving such prohibition is important 

8 to the national security interests of the United States. 

9 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

10 waiver pursuant to subsection (b) shall be effective for no 

11 more than a period of 6 months at a time and shall not 

12 apply beyond 12 months after the enactment of this Act. 

13 (d) REPORT.—Whenever the waiver authority pursu14 ant to subsection (b) is exercised, the President shall sub15 mit a report to the Committees on Appropriations detail16 ing the justification for the waiver, the purposes for which 

17 the funds will be spent, and the accounting procedures in 

18 place to ensure that the funds are properly disbursed: Pro19 vided, That the report shall also detail the steps the Pales20 tinian Authority has taken to arrest terrorists, confiscate 

21 weapons and dismantle the terrorist infrastructure. 

22 (e) CERTIFICATION.—If the President exercises the 

23 waiver authority under subsection (b), the Secretary of 

24 State must certify and report to the Committees on Ap25 propriations prior to the obligation of funds that the Pal-
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1 estinian Authority has established a single treasury ac2 count for all Palestinian Authority financing and all fi3 nancing mechanisms flow through this account, no parallel 

4 financing mechanisms exist outside of the Palestinian Au5 thority treasury account, and there is a single comprehen6 sive civil service roster and payroll. 

7 (f) PROHIBITION TO HAMAS AND THE PALESTINE

8 LIBERATION ORGANIZATION.— 

9 (1) None of the funds appropriated in titles III 

10 through VI of this Act may be obligated for salaries 

11 of personnel of the Palestinian Authority located in 

12 Gaza or may be obligated or expended for assistance 

13 to Hamas or any entity effectively controlled by 

14 Hamas, any power-sharing government of which 

15 Hamas is a member, or a government over which 

16 Hamas exercises undue influence. 

17 (2) Notwithstanding the limitation of subsection 

18 (1), assistance may be provided to a power-sharing 

19 government only if the President certifies and re20 ports to the Committees on Appropriations that such 

21 government, including all of its ministers or such 

22 equivalent, has publicly accepted and is complying 

23 with the principles contained in section 

24 620K(b)(1)(A) and (B) of the Foreign Assistance 

25 Act of 1961, as amended. 
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1 (3) The President may exercise the authority in 

2 section 620K(e) of the Foreign Assistance Act as 

3 added by the Palestinian Anti-Terrorism Act of 

4 2006 (Public Law 109–446) with respect to this 

5 subsection. 

6 (4) Whenever the certification pursuant to 

7 paragraph (2) is exercised, the Secretary of State 

8 shall submit a report to the Committees on Appro9 priations within 120 days of the certification and 

10 every quarter thereafter on whether such govern11 ment, including all of its ministers or such equiva12 lent are continuing to comply with the principles 

13 contained in section 620K(b)(1)(A) and (B) of the 

14 Foreign Assistance Act of 1961, as amended: Pro15 vided, That the report shall also detail the amount, 

16 purposes and delivery mechanisms for any assistance 

17 provided pursuant to the abovementioned certifi18 cation and a full accounting of any direct support of 

19 such government. 

20 (5) None of the funds appropriated under titles 

21 III through VI of this Act may be obligated for as22 sistance for the Palestine Liberation Organization. 

23 NEAR EAST

24 SEC. 7039. (a) EGYPT.— 
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1 (1) Notwithstanding any other provision of this 

2 Act, funds appropriated by this Act under the head3 ing ‘‘Foreign Military Financing Program’’ for as4 sistance for Egypt may be transferred to, and 

5 merged with, funds appropriated for assistance for 

6 Egypt under the heading ‘‘Economic Support 

7 Fund’’: Provided, That such transfer may only be 

8 made following consultation with, and subject to the 

9 regular notification procedures of, the Committees 

10 on Appropriations. 

11 (2)(A) None of the funds appropriated by this 

12 Act may be made available for assistance for the 

13 central Government of Egypt unless the Secretary of 

14 State certifies to the Committees on Appropriations 

15 that such government is meeting its obligations 

16 under the 1979 Egypt-Israel Peace Treaty. 

17 (B) The Secretary of State may waive para18 graph (2)(A) if the Secretary determines and reports 

19 to the Committees on Appropriations that to do so 

20 is important to the national interests of the United 

21 States: Provided, That any such determination and 

22 report shall include a detailed justification for such 

23 waiver. 

24 (3)(A) Funds appropriated under the heading 

25 ‘‘Economic Support Fund’’ in this and prior Acts 
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1 (including previously obligated funds), may be made 

2 available, notwithstanding any other provision of 

3 law, for an Egypt initiative, particularly for the spe4 cific costs referred to in the authorities referenced 

5 herein, for the purpose of improving the lives of the 

6 Egyptian people through education, investment in 

7 jobs and skills (including secondary and vocational 

8 education), and access to finance for small and me9 dium enterprise with emphasis on expanding oppor10 tunities for women, as well as other appropriate 

11 market-reform and economic growth activities: Pro12 vided, That the provisions of title VI of Public Law 

13 103–306 pertaining to funds for Jordan shall be 

14 deemed to apply to any such initiative and to funds 

15 available under this section to carry out such an ini16 tiative in the same manner as such cited provisions 

17 apply to Jordan, subject to the following provisos: 

18 Provided further, That subparagraph (b)(2) shall be 

19 deemed not to apply and the amount made available 

20 pursuant to this section as set forth in the report ac21 companying this Act and incorporated herein shall 

22 be deemed to apply in lieu of the figure in subpara23 graph (b)(1): Provided further, That the authority to 

24 reduce debt shall include authority to exchange an 

25 outstanding obligation for a new obligation and to 
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1 permit both principal and interest payments on new 

2 obligations to be deposited into a fund established 

3 for such purpose, to be used in accordance with pur4 poses set forth in an agreement between the United 

5 States and Egypt: Provided further, That the au6 thority of this paragraph shall only be made avail7 able after the Secretary of State certifies to the 

8 Committees on Appropriations that the Government 

9 of Egypt has held free and fair elections and is im10 plementing policies to protect the rights of journal11 ists, due process, and freedoms of expression and as12 sociation. 

13 (b) ENTERPRISE FUNDS.—Up to $60,000,000 of 

14 funds appropriated under the heading ‘‘Economic Support 

15 Fund’’ in this Act and prior acts making appropriations 

16 for the Department of State, foreign operations, and re17 lated programs (and including previously obligated funds), 

18 that are available for assistance for Egypt, up to 

19 $20,000,000 of such funds that are available for assist20 ance for Tunisia, up to $60,000,000 of such funds that 

21 are available for assistance for Pakistan, and up to 

22 $60,000,000 of such funds that are available for assist23 ance for Jordan, respectively, may be made available not24 withstanding any other provision of law, to establish and 

25 operate one or more enterprise funds for Egypt, Tunisia, 
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1 Pakistan, and Jordan, respectively: Provided, That provi2 sions contained in section 201 of the Support for East 

3 European Democracy (SEED) Act of 1989 (excluding the 

4 provisions of subsections (b)(c)(d)(3) and (f) of that sec5 tion), shall be deemed to apply to any such fund or funds, 

6 and to funds made available to such fund or funds, in 

7 order to enable such fund or funds to provide assistance 

8 for purposes of this section: Provided further, That section 

9 7077 of division F of Public Law 111–117 shall apply to 

10 any such fund or funds established pursuant to this sub11 section: Provided further, That not more than 5 percent 

12 of the funds made available pursuant to this subsection 

13 should be available for administrative expenses of such 

14 fund or funds and not later than 1 year after the date 

15 of enactment of this Act, and annually thereafter until 

16 each fund is dissolved, each fund shall submit to the Com17 mittees on Appropriations a report detailing the adminis18 trative expenses of such fund: Provided further, That each 

19 fund shall be governed by a Board of Directors comprised 

20 of six private United States citizens and three private citi21 zens of each country, respectively, who have had inter22 national business careers and demonstrated expertise in 

23 international and emerging markets investment activities: 

24 Provided further, That not later than 1 year after the 

25 entry into force of the initial grant agreement under this 
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1 section and annually thereafter, each fund shall prepare 

2 and make available to the public on an Internet Web site 

3 administered by the fund a detailed report on the fund’s 

4 activities during the previous year: Provided further, That 

5 the authority of any such fund or funds to provide assist6 ance shall cease to be effective on December 31, 2022: 

7 Provided further, That funds made available pursuant to 

8 this section shall be subject to prior consultation with the 

9 Committees on Appropriations. 

10 (c) IRAN.— 

11 (1) It is the policy of the United States to seek 

12 to prevent Iran from achieving the capability to 

13 produce or otherwise manufacture nuclear weapons, 

14 including by supporting international diplomatic ef15 forts to halt Iran’s uranium enrichment program, 

16 and the President should fully implement and en17 force the Iran Sanctions Act of 1996, as amended 

18 (Public Law 104–172) as a means of encouraging 

19 foreign governments to require state-owned and pri20 vate entities to cease all investment in, and support 

21 of, Iran’s energy sector and all exports of refined pe22 troleum products to Iran. 

23 (2) None of the funds appropriated or otherwise 

24 made available in this Act under the heading ‘‘Ex25 port-Import Bank of the United States’’ may be 
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1 used by the Export-Import Bank of the United 

2 States to provide any new financing (including loans, 

3 guarantees, other credits, insurance, and reinsur4 ance) to any person that is subject to sanctions 

5 under paragraph (2) or (3) of section 5(a) of the 

6 Iran Sanctions Act of 1996 (Public Law 104–172). 

7 (3) The reporting requirements in section 

8 7043(c) in division F of Public Law 111–117 shall 

9 continue in effect during fiscal year 2012 as if part 

10 of this Act: Provided, That the date in subsecton 

11 (c)(1) shall be deemed to be ‘‘September 31, 2012’’. 

12 (d) IRAQ.— 

13 (1) Funds appropriated or otherwise made 

14 available by this Act for assistance for Iraq shall be 

15 made available in a manner that utilizes Iraqi enti16 ties to the maximum extent practicable, and in ac17 cordance with the Department of State’s April 9, 

18 2009 ‘‘Guidelines for Government of Iraq Financial 

19 Participation in United States Government-Funded 

20 Civilian Foreign Assistance Programs and Projects’’. 

21 (2) None of the funds appropriated or otherwise 

22 made available by this Act may be used by the Gov23 ernment of the United States to enter into a perma24 nent basing rights agreement between the United 

25 States and Iraq. 
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1 (3) Funds appropriated or otherwise made 

2 available by this Act for security-related programs in 

3 Iraq may only be made available if the Secretary of 

4 State certifies to the Committees on Appropriations 

5 that the Government of Iraq has committed to con6 tributing to, and sustaining, such programs, includ7 ing details on the manner in which such contribu8 tions and sustainment will be achieved. 

9 (4) Of the funds appropriated by this Act for 

10 assistance for Iraq under the heading ‘‘Economic 

11 Support Fund’’, not less than $10,000,000 shall be 

12 made available for programs and activities for which 

13 policy justifications and decisions shall be the re14 sponsibility of the United States Chief of Mission in 

15 Iraq. 

16 (e) LEBANON.— 

17 (1) None of the funds appropriated by this Act 

18 may be made available for assistance for the Govern19 ment of Lebanon if such government is controlled by 

20 a foreign terrorist organization. 

21 (2) Funds appropriated under the heading 

22 ‘‘Foreign Military Financing Program’’ in this Act 

23 for assistance for Lebanon may be made available 

24 only to professionalize the Lebanese Armed Forces 

25 and to strengthen border security and combat ter-
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1 rorism, including training and equipping the Leba2 nese Armed Forces to secure Lebanon’s borders, 

3 interdicting arms shipments, preventing the use of 

4 Lebanon as a safe haven for terrorist groups, and to 

5 implement United Nations Security Council Resolu6 tion 1701: Provided, That funds may not be made 

7 available for obligation until the Secretary of State 

8 provides the Committees on Appropriations a de9 tailed spending plan: Provided further, That such 

10 plan shall not be considered as meeting the notifica11 tion requirements under section 7015 of this Act or 

12 under section 634A of the Foreign Assistance Act of 

13 1961. 

14 (f) LIBYA.— 

15 (1) Of the funds appropriated by this Act under 

16 the heading ‘‘Economic Support Fund’’, not less 

17 than $20,000,000 should be made available to pro18 mote democracy, transparent and accountable gov19 ernance, human rights, transitional justice, and the 

20 rule of law in Libya, and for exchange programs be21 tween Libyan and American students: Provided, 

22 That such funds shall be made available, to the max23 imum extent practicable, on a cost matching basis. 

24 (2) None of the funds appropriated by this Act 

25 may be made available for assistance for Libya for 
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1 the rehabilitation or reconstruction of infrastructure 

2 except on a loan basis with terms favorable to the 

3 United States, and only following consultation with 

4 the Committees on Appropriations. 

5 (g) MOROCCO.—Of the funds appropriated by this 

6 Act under the heading ‘‘Foreign Military Financing Pro7 gram’’ for assistance for Morocco, $1,000,000 shall be 

8 withheld from obligation until the Secretary of State sub9 mits a report to the Committees on Appropriations on 

10 steps being taken by the Government of Morocco to— 

11 (1) respect the right of individuals to peacefully 

12 express their opinions regarding the status and fu13 ture of the Western Sahara and to document viola14 tions of human rights; and 

15 (2) provide unimpeded access to human rights 

16 organizations, journalists, and representatives of for17 eign governments to the Western Sahara. 

18 (h) SYRIA.—Notwithstanding any other provision of 

19 law, funds appropriated by this Act shall be made avail20 able to promote democracy and protect human rights in 

21 Syria: Provided, That a portion of such funds should be 

22 programmed in coordination with the Government of Tur23 key and other governments in the region, as appropriate. 
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1 AIRCRAFT TRANSFER AND COORDINATION

2 SEC. 7040. (a) TRANSFER AUTHORITY.—Notwith3 standing any other provision of law or regulation, aircraft 

4 procured with funds appropriated by this Act and prior 

5 Acts making appropriations for the Department of State, 

6 foreign operations, and related programs under the head7 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 

8 Narcotics Control and Law Enforcement’’, ‘‘Andean 

9 Counterdrug Initiative’’ and ‘‘Andean Counterdrug Pro10 grams’’ may be used for any other program and in any 

11 region, including for the transportation of active and 

12 standby Civilian Response Corps personnel and equipment 

13 during a deployment: Provided, That the responsibility for 

14 policy decisions and justification for the use of such trans15 fer authority shall be the responsibility of the Secretary 

16 of State and the Deputy Secretary of State and this re17 sponsibility shall not be delegated. 

18 (b) PROPERTY DISPOSAL.—The authority provided 

19 in subsection (a) shall apply only after a determination 

20 by the Secretary of State to the Committees on Appropria21 tions that the equipment is no longer required to meet 

22 programmatic purposes in the designated country or re23 gion: Provided, That any such transfer shall be subject 

24 to prior consultation with, and the regular notification 

25 procedures of, the Committees on Appropriations. 
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1 (c) AIRCRAFT COORDINATION.— 

2 (1) The uses of aircraft purchased or leased by 

3 the Department of State and the United States 

4 Agency for International Development (USAID) 

5 with funds made available in this Act or prior Acts 

6 making appropriations for the Department of State, 

7 foreign operations, and related programs shall be co8 ordinated under the authority of the appropriate 

9 Chief of Mission: Provided, That such aircraft may 

10 be used to transport, on a reimbursable or non-reim11 bursable basis, Federal and non-Federal personnel 

12 supporting the Department of State and USAID 

13 programs and activities: Provided further, That offi14 cial travel for other agencies for other purposes may 

15 be supported on a reimbursable basis, or without re16 imbursement when traveling on a space available 

17 basis. 

18 (2) The requirement and authorities of this 

19 subsection shall only apply to aircraft, the primary 

20 purpose of which is the transportation of personnel. 

21 WESTERN HEMISPHERE

22 SEC. 7041. (a) CENTRAL AMERICA AND THE CARIB23 BEAN.—Funds appropriated by this Act shall be made 

24 available for the Central America Regional Security Initia25 tive (CARSI) and for the Caribbean Basin Security Initia-
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1 tive (CBSI) to strengthen the capacity and profes2 sionalism of civilian law enforcement and judicial institu3 tions. 

4 (b) COLOMBIA.— 

5 (1) ASSISTANCE.— 

6 (A) Funds appropriated by this Act and 

7 made available to the Department of State for 

8 counter-narcotics or other law enforcement as9 sistance for the Government of Colombia may 

10 be used to support a unified campaign against 

11 narcotics trafficking and organizations des12 ignated as Foreign Terrorist Organizations and 

13 successor organizations, and to take actions to 

14 protect human health and welfare in emergency 

15 circumstances, including undertaking rescue op16 erations: Provided, That no United States 

17 Armed Forces personnel or United States civil18 ian contractor employed by the United States 

19 will participate in any combat operation in con20 nection with assistance made available by this 

21 Act for Colombia: Provided further, That the 

22 President shall ensure that if any helicopter 

23 procured with funds in this Act or prior Acts 

24 making appropriations for the Department of 

25 State, foreign operations, and related programs, 
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1 is used to aid or abet the operations of any ille2 gal self-defense group, paramilitary organiza3 tion, illegal security cooperative or successor or4 ganizations in Colombia, such helicopter shall 

5 be immediately returned to the United States: 

6 Provided further, That none of the funds appro7 priated by this Act or prior Acts making appro8 priations for the Department of State, foreign 

9 operations, and related programs may be made 

10 available for assistance for the Colombian 

11 Departamento Administrativo de Seguridad 

12 (DAS) or successor organizations. 

13 (B) None of the funds appropriated by this 

14 Act under the heading ‘‘International Narcotics 

15 Control and Law Enforcement’’ that are avail16 able for assistance for Colombia for the pro17 curement of chemicals for aerial drug eradi18 cation may be made available unless the Sec19 retary of State certifies to the Committees on 

20 Appropriations that any complaints of harm to 

21 health or licit crops caused by such aerial eradi22 cation are thoroughly investigated and evalu23 ated, and fair compensation is paid in a timely 

24 manner for meritorious claims: Provided fur25 ther, That the Secretary shall submit a report 
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1 to the Committees on Appropriations not later 

2 than 6 months after enactment of this Act and 

3 6 months thereafter detailing the complaints 

4 made during the previous 6 months, the inves5 tigations conducted, and the amount of com6 pensation, if any: Provided further, That such 

7 funds may not be made available for such pur8 poses unless voluntary eradication programs are 

9 not feasible and programs are being imple10 mented by the United States Agency for Inter11 national Development, the Government of Co12 lombia, or other organizations, in consultation 

13 and coordination with local communities, to 

14 provide alternative sources of income in areas 

15 where security permits for small-acreage grow16 ers and communities whose illicit crops are tar17 geted for aerial eradication: Provided further, 

18 That none of the funds appropriated by this 

19 Act for assistance for Colombia shall be made 

20 available for the cultivation or processing of Af21 rican oil palm, if doing so would contribute to 

22 significant loss of native species, disrupt or con23 taminate natural water sources, reduce local 

24 food security, or cause the forced displacement 

25 of local people: Provided further, That funds ap-
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1 propriated by this Act may not be used for aer2 ial drug eradication in Colombia’s national 

3 parks or reserves unless the Secretary of State 

4 certifies to the Committees on Appropriations 

5 that there are no effective alternatives and the 

6 eradication is in accordance with Colombian 

7 laws. 

8 (2) APPLICABILITY OF FISCAL YEAR 2009 PRO9 VISIONS.— 

10 (A) IN GENERAL.—Except as provided in 

11 paragraph (2), the provisions of subsections (b) 

12 through (f) of section 7046 of the Department 

13 of State, Foreign Operations, and Related Pro14 grams Appropriations Act, 2009 (division H of 

15 Public Law 111–8), as amended by section 

16 7046 (b)(2)(A) of division F of Public Law 

17 111–117, shall apply to funds appropriated or 

18 otherwise made available by this Act for assist19 ance for Colombia. 

20 (B) EXCEPTIONS.—The following provi21 sions of section 7046 of division H of Public 

22 Law 111–8 shall apply to funds appropriated or 

23 otherwise made available by this Act for assist24 ance for Colombia as follows: 
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1 (i) Subsection (b)(1)(B) is amended 

2 as follows: 

3 (I) By striking clause (i) and in4 serting the following: 

5 ‘‘(i) The Colombian Armed Forces are 

6 suspending those members, of whatever 

7 rank, who have been credibly alleged to 

8 have violated human rights, or to have 

9 aided, abetted or benefitted from para10 military organizations or successor armed 

11 groups; all such cases are promptly re12 ferred to civilian jurisdiction for investiga13 tion and prosecution, and the Colombian 

14 Armed Forces are no longer opposing civil15 ian judicial jurisdiction in such cases; and 

16 the Colombian Armed Forces are cooper17 ating fully with civilian prosecutors and ju18 dicial authorities.’’. 

19 (II) By striking clause (iv) and 

20 inserting the following: 

21 ‘‘(iv) The Government of Colombia is 

22 respecting the rights of human rights de23 fenders, journalists, trade unionists, and 

24 other social activists, and the rights and 

25 territory of indigenous and Afro-Colombian 
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1 communities; and the Colombian Armed 

2 Forces are implementing procedures to dis3 tinguish between civilians, including dis4 placed persons, and combatants, in their 

5 operations.’’. 

6 (ii) Subsection (b)(2) shall be applied 

7 by substituting ‘‘July 31, 2012’’ for the 

8 date contained therein; 

9 (iii) Subsection (c) shall be applied by 

10 substituting ‘‘September 30, 2012’’ for the 

11 date contained therein; and 

12 (iv) Subsection (d)(1) shall be applied 

13 by substituting ‘‘fiscal year 2012’’ for the 

14 fiscal year contained therein. 

15 (C) REPORT.—Not later than 90 days 

16 after enactment of this Act, the Secretary of 

17 State shall submit a report to the Committees 

18 on Appropriations detailing any United States 

19 funding, assistance or other support for the 

20 DAS, its officials, employees, affiliates and con21 tractors during the period 2002 through 2010, 

22 including but not limited to training, equip23 ment, information sharing, technical assistance, 

24 and facilities construction: Provided, That to 

25 the maximum extent possible the report shall be 
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1 provided in unclassified form, but may also in2 clude a classified annex. 

3 (c) GUATEMALA.— 

4 (1) Of the funds appropriated in this Act under 

5 the heading ‘‘International Narcotics Control and 

6 Law Enforcement’’ not less than $5,000,000 shall 

7 be made available for a United States contribution 

8 to the International Commission Against Impunity 

9 in Guatemala (CICIG). 

10 (2) Funds appropriated under the heading 

11 ‘‘International Military Education and Training’’ 

12 (IMET) that are available for assistance for the 

13 Guatemalan Army may only be made available for 

14 expanded IMET. 

15 (3) None of the funds appropriated under the 

16 heading ‘‘Foreign Military Financing Program’’ may 

17 be made available for assistance for the Guatemalan 

18 Army, except that such funds may be made available 

19 for the Army Corps of Engineers only to improve 

20 disaster response capabilities and to participate in 

21 international peacekeeping operations. 

22 (d) HAITI.— 

23 (1) The Government of Haiti shall be eligible to 

24 purchase defense articles and services under the 
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1 Arms Export Control Act (22 U.S.C. 2751 et seq.), 

2 for the Coast Guard. 

3 (2) Funds appropriated under the heading 

4 ‘‘Economic Support Fund’’ in this Act and prior 

5 Acts that are made available for assistance for Haiti 

6 shall be made available, to the maximum extent 

7 practicable, in a manner that emphasizes the partici8 pation of Haitian civil society organizations and di9 rectly improves the security, economic and social 

10 well-being, and political status, of Haitian women 

11 and girls. 

12 (e) HONDURAS.—Funds appropriated by this Act 

13 that are available for assistance for police forces in Hon14 duras may not be made available until the Secretary of 

15 State certifies to the Committees on Appropriations that 

16 the Government of Honduras is investigating, prosecuting, 

17 and punishing police officers who have violated human 

18 rights and the Honduran police are cooperating with civil19 ian judicial authorities in such cases. 

20 (f) MEXICO.—Funds appropriated by this Act that 

21 are available to support anti-crime and counter-narcotics 

22 efforts in Mexico shall be made available to strengthen the 

23 capacity of civilian law enforcement and judicial institu24 tions. 
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1 (g) TRADE CAPACITY.—Of the funds appropriated by 

2 this Act, not less than $10,000,000 under the heading 

3 ‘‘Development Assistance’’ and not less than $10,000,000 

4 under the heading ‘‘Economic Support Fund’’ shall be 

5 made available for labor and environmental capacity build6 ing activities relating to free trade agreements with coun7 tries of Central America, Peru and the Dominican Repub8 lic. 

9 SERBIA

10 SEC. 7042. (a) Funds appropriated by this Act may 

11 be made available for assistance for the central Govern12 ment of Serbia after May 31, 2012, if the Secretary of 

13 State has submitted the report required in subsection (c). 

14 (b) After May 31, 2012, the Secretary of the Treas15 ury should instruct the United States executive directors 

16 of the international financial institutions to support loans 

17 and assistance to the Government of Serbia subject to the 

18 condition in subsection (c). 

19 (c) The report referred to in subsection (a) is a report 

20 by the Secretary of State to the Committees on Appropria21 tions that the Government of Serbia is cooperating with 

22 the International Criminal Tribunal for the former Yugo23 slavia, including apprehending and transferring indictees 

24 and providing investigators access to witnesses, docu25 ments, and other information. 
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1 (d) This section shall not apply to humanitarian as2 sistance or assistance to promote democracy. 

3 COMMUNITY-BASED POLICE ASSISTANCE

4 SEC. 7043. (a) AUTHORITY.—Funds made available 

5 by titles III and IV of this Act to carry out the provisions 

6 of chapter 1 of part I and chapters 4 and 6 of part II 

7 of the Foreign Assistance Act of 1961, may be used, not8 withstanding section 660 of that Act, to enhance the effec9 tiveness and accountability of civilian police authority 

10 through training and technical assistance in human rights, 

11 the rule of law, anti-corruption, strategic planning, and 

12 through assistance to foster civilian police roles that sup13 port democratic governance including assistance for pro14 grams to prevent conflict, respond to disasters, address 

15 sexual and gender-based violence, and foster improved po16 lice relations with the communities they serve. 

17 (b) NOTIFICATION.—Assistance provided under sub18 section (a) shall be subject to the regular notification pro19 cedures of the Committees on Appropriations. 

20 PROHIBITION OF PAYMENTS TO UNITED NATIONS

21 MEMBERS

22 SEC. 7044. None of the funds appropriated or made 

23 available pursuant to titles III through VI of this Act for 

24 carrying out the Foreign Assistance Act of 1961, may be 

25 used to pay in whole or in part any assessments, arrear-
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1 ages, or dues of any member of the United Nations or, 

2 from funds appropriated by this Act to carry out chapter 

3 1 of part I of the Foreign Assistance Act of 1961, the 

4 costs for participation of another country’s delegation at 

5 international conferences held under the auspices of multi6 lateral or international organizations. 

7 WAR CRIMES TRIBUNALS DRAWDOWN

8 SEC. 7045. If the President determines that doing so 

9 will contribute to a just resolution of charges regarding 

10 genocide or other violations of international humanitarian 

11 law, the President may direct a drawdown pursuant to sec12 tion 552(c) of the Foreign Assistance Act of 1961 of up 

13 to $30,000,000 of commodities and services for the United 

14 Nations War Crimes Tribunal established with regard to 

15 the former Yugoslavia by the United Nations Security 

16 Council or such other tribunals or commissions as the 

17 Council may establish or authorize to deal with such viola18 tions, without regard to the ceiling limitation contained 

19 in paragraph (2) thereof: Provided, That the determina20 tion required under this section shall be in lieu of any de21 terminations otherwise required under section 552(c): Pro22 vided further, That funds made available pursuant to this 

23 section shall be made available subject to the regular noti24 fication procedures of the Committees on Appropriations. 
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1 PEACEKEEPING

2 SEC. 7046. (a) MISSIONS.—None of the funds appro3 priated or otherwise made available by title I of this Act 

4 may be used for any United Nations peacekeeping mission 

5 that will involve United States Armed Forces under the 

6 command or operational control of a foreign national, un7 less the President’s military advisors have submitted to 

8 the President a recommendation that such involvement is 

9 in the national interests of the United States and the 

10 President has submitted to the Congress such a rec11 ommendation. 

12 (b) ASSESSMENT.—Section 404(b)(2)(B) of the For13 eign Relations Authorization Act, Fiscal Years 1994 and 

14 1995 (22 U.S.C. 287e note) is amended by adding the 

15 following at the end: 

16 ‘‘(vii) For assessments made during 

17 calendar year 2011 and 2012, 27.2 per18 cent.’’. 

19 ATTENDANCE AT INTERNATIONAL CONFERENCES

20 SEC. 7047. None of the funds made available in this 

21 Act may be used to send or otherwise pay for the attend22 ance of more than 50 employees of agencies or depart23 ments of the United States Government who are stationed 

24 in the United States, at any single international con25 ference occurring outside the United States, unless the 
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1 Secretary of State reports to the Committees on Appro2 priations that such attendance is important to the national 

3 interest: Provided, That for purposes of this section the 

4 term ‘‘international conference’’ shall mean a conference 

5 attended by representatives of the United States Govern6 ment and of foreign governments, international organiza7 tions, or nongovernmental organizations. 

8 RESTRICTIONS ON UNITED NATIONS DELEGATIONS

9 SEC. 7048. None of the funds made available under 

10 title I of this Act may be used to pay expenses for any 

11 United States delegation to any specialized agency, body, 

12 or commission of the United Nations if such commission 

13 is chaired or presided over by a country, the government 

14 of which the Secretary of State has determined, for pur15 poses of section 6(j)(1) of the Export Administration Act 

16 of 1979 (50 U.S.C. App. 2405(j)(1)), supports inter17 national terrorism. 

18 PARKING FINES AND REAL PROPERTY TAXES OWED BY

19 FOREIGN GOVERNMENTS

20 SEC. 7049. The terms and conditions of section 7055 

21 of division F of Public Law 111–117 shall apply to this 

22 Act: Provided, That the date ‘‘September 30, 2009’’ in 

23 subsection (f)(2)(B) shall be deemed to be ‘‘September 30, 

24 2011’’. 
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1 LANDMINES AND CLUSTER MUNITIONS

2 SEC. 7050. (a) LANDMINES.—Notwithstanding any 

3 other provision of law, demining equipment available to 

4 the United States Agency for International Development 

5 and the Department of State and used in support of the 

6 clearance of landmines and unexploded ordnance for hu7 manitarian purposes may be disposed of on a grant basis 

8 in foreign countries, subject to such terms and conditions 

9 as the Secretary of State may prescribe. 

10 (b) CLUSTER MUNITIONS.—No military assistance 

11 shall be furnished for cluster munitions, no defense export 

12 license for cluster munitions may be issued, and no cluster 

13 munitions or cluster munitions technology shall be sold or 

14 transferred, unless— 

15 (1) the submunitions of the cluster munitions, 

16 after arming, do not result in more than 1 percent 

17 unexploded ordnance across the range of intended 

18 operational environments; and 

19 (2) the agreement applicable to the assistance, 

20 transfer, or sale of such cluster munitions or cluster 

21 munitions technology specifies that the cluster muni22 tions will only be used against clearly defined mili23 tary targets and will not be used where civilians are 

24 known to be present or in areas normally inhabited 

25 by civilians. 
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1 PROHIBITION ON PUBLICITY OR PROPAGANDA

2 SEC. 7051. No part of any appropriation contained 

3 in this Act shall be used for publicity or propaganda pur4 poses within the United States not authorized before the 

5 date of the enactment of this Act by the Congress: Pro6 vided, That not to exceed $25,000 may be made available 

7 to carry out the provisions of section 316 of Public Law 

8 96–533. 

9 LIMITATION ON RESIDENCE EXPENSES

10 SEC. 7052. Of the funds appropriated or made avail11 able pursuant to title II of this Act, not to exceed 

12 $100,500 shall be for official residence expenses of the 

13 United States Agency for International Development dur14 ing the current fiscal year: Provided, That appropriate 

15 steps shall be taken to assure that, to the maximum extent 

16 possible, United States-owned foreign currencies are uti17 lized in lieu of dollars. 

18 UNITED STATES AGENCY FOR INTERNATIONAL

19 DEVELOPMENT MANAGEMENT

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 7053. (a) AUTHORITY.—Up to $93,000,000 of 

22 the funds made available in title III of this Act to carry 

23 out the provisions of part I of the Foreign Assistance Act 

24 of 1961, including funds appropriated under the heading 

25 ‘‘Assistance for Europe, Eurasia and Central Asia’’, may 
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1 be used by the United States Agency for International De2 velopment (USAID) to hire and employ individuals in the 

3 United States and overseas on a limited appointment basis 

4 pursuant to the authority of sections 308 and 309 of the 

5 Foreign Service Act of 1980. 

6 (b) RESTRICTIONS.— 

7 (1) The number of individuals hired in any fis8 cal year pursuant to the authority contained in sub9 section (a) may not exceed 175. 

10 (2) The authority to hire individuals contained 

11 in subsection (a) shall expire on September 30, 

12 2013. 

13 (c) CONDITIONS.—The authority of subsection (a) 

14 should only be used to the extent that an equivalent num15 ber of positions that are filled by personal services contrac16 tors or other nondirect hire employees of USAID, who are 

17 compensated with funds appropriated to carry out part I 

18 of the Foreign Assistance Act of 1961, including funds 

19 appropriated under the heading ‘‘Assistance for Europe, 

20 Eurasia and Central Asia’’, are eliminated. 

21 (d) PRIORITY SECTORS.—In exercising the authority 

22 of this section, primary emphasis shall be placed on ena23 bling USAID to meet personnel positions in technical 

24 areas currently encumbered by contractor or other non25 direct hire personnel. 
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1 (e) PROGRAM ACCOUNT CHARGED.—The account 

2 charged for the cost of an individual hired and employed 

3 under the authority of this section shall be the account 

4 to which such individual’s responsibilities primarily relate: 

5 Provided, That funds made available to carry out this sec6 tion may be transferred to, and merged with, funds appro7 priated by this Act in title II under the heading ‘‘Oper8 ating Expenses’’. 

9 (f) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi10 viduals hired and employed by USAID, with funds made 

11 available in this Act or prior Acts making appropriations 

12 for the Department of State, foreign operations, and re13 lated programs, pursuant to the authority of section 309 

14 of the Foreign Service Act of 1980, may be extended for 

15 a period of up to 4 years notwithstanding the limitation 

16 set forth in such section. 

17 (g) DISASTER SURGE CAPACITY.—Funds appro18 priated under title III of this Act to carry out part I of 

19 the Foreign Assistance Act of 1961, including funds ap20 propriated under the heading ‘‘Assistance for Europe, 

21 Eurasia and Central Asia’’, may be used, in addition to 

22 funds otherwise available for such purposes, for the cost 

23 (including the support costs) of individuals detailed to or 

24 employed by USAID whose primary responsibility is to 
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1 carry out programs in response to natural or man-made 

2 disasters. 

3 (h) TECHNICAL ADVISORS.—Up to $13,500,000 of 

4 the funds made available in title III of this Act for assist5 ance under the heading ‘‘Global Health Programs’’, may 

6 be used to reimburse United States Government agencies, 

7 agencies of State governments, institutions of higher 

8 learning, and private and voluntary organizations for the 

9 full cost of individuals (including for the personal services 

10 of such individuals) detailed or assigned to, or contracted 

11 by USAID for the purpose of carrying out activities under 

12 that heading: Provided, That up to $3,500,000 of the 

13 funds made available by this Act for assistance under the 

14 heading ‘‘Development Assistance’’ may be used to reim15 burse such agencies, institutions, and organizations for 

16 such costs of such individuals carrying out other develop17 ment assistance activities. 

18 (i) PERSONAL SERVICES CONTRACTORS.—Funds ap19 propriated by this Act to carry out chapter 1 of part I, 

20 chapter 4 of part II, and section 667 of the Foreign As21 sistance Act of 1961, and title II of the Agricultural Trade 

22 Development and Assistance Act of 1954, may be used 

23 by USAID to employ up to 40 personal services contrac24 tors in the United States, notwithstanding any other pro25 vision of law, for the purpose of providing direct, interim 
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1 support for new or expanded overseas programs and ac2 tivities managed by the agency until permanent direct hire 

3 personnel are hired and trained: Provided, That not more 

4 than 10 of such contractors shall be assigned to any bu5 reau or office: Provided further, That not more than 15 

6 of such contractors shall be for activities related to 

7 USAID’s Afghanistan or Pakistan programs: Provided 

8 further, That such funds appropriated to carry out title 

9 II of the Agricultural Trade Development and Assistance 

10 Act of 1954, may be made available only for personal serv11 ices contractors assigned to the Office of Food for Peace. 

12 (j) SENIOR FOREIGN SERVICE LIMITED APPOINT13 MENTS.—Individuals hired pursuant to the authority pro14 vided by section 7059(o) of division F of Public Law 111– 

15 117 may be assigned to or support programs in Iraq, Af16 ghanistan, or Pakistan with funds made available in this 

17 Act and prior Acts making appropriations for the Depart18 ment of State, foreign operations, and related programs. 

19 GLOBAL HEALTH ACTIVITIES

20 SEC. 7054. (a) Funds appropriated by titles III and 

21 IV of this Act that are made available for bilateral assist22 ance for global health activities including activities relat23 ing to research on, and the prevention, treatment and con24 trol of, HIV/AIDS may be made available notwithstanding 

25 any other provision of law except for provisions under the 
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1 heading ‘‘Global Health Programs’’ and the United States 

2 Leadership Against HIV/AIDS, Tuberculosis, and Malaria 

3 Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as 

4 amended: Provided, That of the funds appropriated under 

5 title III of this Act, not less than $700,000,000 shall be 

6 made available for family planning/reproductive health, in7 cluding in areas where population growth threatens bio8 diversity or endangered species. 

9 (b) Not later than 90 days after enactment of this 

10 Act, the Secretary of State, in consultation with the Ad11 ministrator of the United States Agency for International 

12 Development (USAID) shall submit to the Committees on 

13 Appropriations a report on any cost savings that could be 

14 achieved by transitioning the function, role, and duties of 

15 the Office of the United States Global AIDS Coordinator 

16 into USAID. 

17 (c) Not later than 90 days after enactment of this 

18 Act, the Secretary of State, in consultation with the Ad19 ministrator of the United States Agency for International 

20 Development (USAID) shall submit to the Committees on 

21 Appropriations a report on the status of the Quadrennial 

22 Diplomacy and Development Review (QDDR) decision to 

23 transition the leadership of the Global Health Initiative 

24 (GHI) to USAID, to include the following: 
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1 (1) The metrics developed to measure progress 

2 towards meeting each benchmark enumerated in Ap3 pendix 2 of the QDDR and the method utilized to 

4 develop such metrics; 

5 (2) The status of, and estimated completion 

6 date for, meeting each benchmark; and 

7 (3) An assessment of meeting the QDDR target 

8 date of September 2012 for transition of GHI to 

9 USAID, and if such assessment determines that the 

10 target date will not be met a detailed explanation of 

11 why it will not be met and a revised target date for 

12 the transition to be completed. 

13 (d) Notwithstanding any other provision of law, to 

14 include minimum funding requirements or funding direc15 tives, funds made available by this Act and prior Acts 

16 making appropriations for the Department of State, for17 eign operations, and related programs may be made avail18 able to respond to pandemic outbreaks, subject to prior 

19 consultation with, and the regular notification procedures 

20 of, the Committees on Appropriations. 

21 DEVELOPMENT GRANTS PROGRAM

22 SEC. 7055. Of the funds appropriated in title III of 

23 this Act, not less than $45,000,000 shall be made avail24 able for the Development Grants Program established pur25 suant to section 674 of the Department of State, Foreign 
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1 Operations, and Related Programs Appropriations Act, 

2 2008 (division J of Public Law 110–161), primarily for 

3 unsolicited proposals, to support grants of not more than 

4 $2,000,000 to small nongovernmental organizations: Pro5 vided, That funds made available under this section are 

6 in addition to other funds available for such purposes in7 cluding funds designated by this Act by section 7063. 

8 PROGRAMS TO PROMOTE GENDER EQUALITY

9 SEC. 7056. (a) Programs funded under title III of 

10 this Act shall include, where appropriate, efforts to im11 prove the status of women, including through gender con12 siderations in the planning, assessment, implementation, 

13 monitoring and evaluation of such programs. 

14 (b) Funds appropriated under title III of this Act 

15 shall be made available to support programs to expand 

16 economic opportunities for poor women in developing 

17 countries, including increasing the number and capacity 

18 of women-owned enterprises, improving property rights for 

19 women, increasing women’s access to financial services 

20 and capital, enhancing the role of women in economic deci21 sionmaking at the local, national and international levels, 

22 and improving women’s ability to participate in the global 

23 economy. 

24 (c) Funds appropriated under title III of this Act 

25 shall be made available to increase political opportunities 
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1 for women, including strengthening protections for wom2 en’s personal status, increasing women’s participation in 

3 elections, and enhancing women’s positions in government 

4 and role in government decisionmaking. 

5 (d) Funds appropriated under in title III of this Act 

6 for food security and agricultural development shall take 

7 into consideration the unique needs of women, and tech8 nical assistance for women farmers should be a priority. 

9 (e) The Secretary of State, in consultation with the 

10 heads of other relevant Federal agencies, shall develop a 

11 National Action Plan in accordance with United Nations 

12 Security Council Resolution 1325 (adopted on October 31, 

13 2000) to ensure the United States effectively promotes 

14 and supports the rights and roles of women in conflict15 affected and post-conflict regions through clear, measur16 able commitments to— 

17 (1) promote the active and meaningful partici18 pation of women in affected areas in all aspects of 

19 conflict prevention, management, and resolution; 

20 (2) integrate the perspectives and interests of 

21 affected women into conflict-prevention activities and 

22 strategies; 

23 (3) promote the physical safety, economic secu24 rity, and dignity of women and girls; 
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1 (4) support women’s equal access to aid dis2 tribution mechanisms and services; and 

3 (5) monitor, analyze and evaluate implementa4 tion efforts and their impact. 

5 (f) The Department of State and the United States 

6 Agency for International Development shall fully integrate 

7 gender into all diplomatic and development efforts through 

8 the inclusion of gender in strategic planning and budget 

9 allocations, and the development of indicators and evalua10 tion mechanisms to measure the impact of United States 

11 policies and programs on women and girls in foreign coun12 tries. 

13 GENDER-BASED VIOLENCE

14 SEC. 7057. (a) Funds appropriated under the head15 ings ‘‘Global Health Programs’’, ‘‘Development Assist16 ance’’, ‘‘Economic Support Fund’’, and ‘‘International 

17 Narcotics Control and Law Enforcement’’ in this Act shall 

18 be made available for sexual and gender-based violence 

19 prevention and response efforts, and funds appropriated 

20 under the headings ‘‘International Disaster Assistance’’, 

21 ‘‘Complex Crises Fund’’ and ‘‘Migration and Refugee As22 sistance’’ should be made available for such efforts. 

23 (b) Programs and activities funded under titles III 

24 and IV of this Act to train foreign police, judicial, and 

25 military personnel, including for international peace-
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1 keeping operations, shall address, where appropriate, pre2 vention and response to sexual and gender-based violence 

3 and trafficking in persons. 

4 (c) Not later than 180 days after enactment of this 

5 Act, the Secretary of State and the Administrator of the 

6 United States Agency for International Development shall 

7 jointly submit to the Committees on Appropriations a 

8 multi-year strategy to prevent and respond to violence 

9 against women and girls in countries where it is common: 

10 Provided, That the strategy should reflect the input of 

11 local women’s organizations in such countries and include 

12 achievable and sustainable goals, benchmarks for meas13 uring progress, and expected results: Provided further, 

14 That the strategy should include regular engagement with 

15 men and boys as community leaders and advocates in end16 ing violence against women and girls. 

17 RECONCILIATION PROGRAMS

18 SEC. 7058. Of the funds appropriated by title III of 

19 this Act under the headings ‘‘Economic Support Fund’’ 

20 and ‘‘Development Assistance’’, $26,000,000 shall be 

21 made available to support people to people reconciliation 

22 programs which bring together individuals of different eth23 nic, religious and political backgrounds from areas of civil 

24 strife and war, of which $10,000,000 shall be made avail25 able for such programs in the Middle East: Provided, That 
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1 the Administrator of the United States Agency for Inter2 national Development shall consult with the Committees 

3 on Appropriations, prior to the initial obligation of funds, 

4 on the uses of such funds. 

5 REQUESTS FOR DOCUMENTS

6 SEC. 7059. None of the funds appropriated or made 

7 available pursuant to titles III through VI of this Act shall 

8 be available to a nongovernmental organization, including 

9 any contractor, which fails to provide upon timely request 

10 any document, file, or record necessary to the auditing re11 quirements of the United States Agency for International 

12 Development. 

13 PROHIBITION ON USE OF TORTURE

14 SEC. 7060. (a) None of the funds made available in 

15 this Act may be used to support or justify the use of tor16 ture, cruel or inhumane treatment by any official or con17 tract employee of the United States Government. 

18 (b) Not later than 90 days after enactment of this 

19 Act, the Secretary of State shall submit to the Committees 

20 on Appropriations a report identifying those countries re21 ceiving United States assistance from funds appropriated 

22 by this Act whose police, military, or other security forces 

23 have been credibly alleged to use torture, as determined 

24 by the Assistant Secretary of State for Democracy, 

25 Human Rights and Labor based on the Department of 
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1 State’s most recent Human Rights Report and other rel2 evant information. 

3 (c) Funds appropriated by this Act to carry out the 

4 provisions of chapters 1, 10, 11, and 12 of part I and 

5 chapter 4 of part II of the Foreign Assistance Act of 1961, 

6 and the Support for East European Democracy (SEED) 

7 Act of 1989, shall be made available, notwithstanding sec8 tion 660 of the Foreign Assistance Act of 1961, for assist9 ance to eliminate torture by foreign police, military or 

10 other security forces in countries identified in the report 

11 required in subsection (b). 

12 AFRICA

13 SEC. 7061. (a) CONFLICT MINERALS.— 

14 (1) None of the funds appropriated by this Act 

15 under the heading ‘‘Foreign Military Financing Pro16 gram’’ may be made available for assistance for 

17 Rwanda or Uganda if the Secretary of State has 

18 credible evidence that the Government of Rwanda or 

19 the Government of Uganda is providing political, 

20 military or financial support to armed groups in the 

21 Democratic Republic of the Congo (DRC) that are 

22 involved in the illegal exportation of minerals out of 

23 the DRC or have violated human rights. 

24 (2) The restriction in paragraph (1) shall not 

25 apply to assistance to improve border controls to 
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1 prevent the illegal exportation of minerals out of the 

2 DRC by such groups, to protect relief efforts, or to 

3 support the training and deployment of members of 

4 the Rwandan or Ugandan militaries in international 

5 peacekeeping operations. 

6 (b) COUNTER-TERRORISM PROGRAMS.— 

7 (1) Of the funds appropriated by this Act, not 

8 less than $52,800,000 should be made available for 

9 the Trans-Sahara Counter-terrorism Partnership 

10 program, and not less than $21,300,000 should be 

11 made available for the Partnership for Regional 

12 East Africa Counter-terrorism program. 

13 (2) In addition to such sums that may other14 wise be made available, of the funds appropriated by 

15 this Act under the heading ‘‘Economic Support 

16 Fund’’, $10,000,000 shall be made available for pro17 grams to counter extremism in East Africa. 

18 (3) Not later than 90 days after enactment of 

19 this Act, the Secretary of State, in consultation with 

20 the Secretary of Defense, shall submit a report to 

21 the Committees on Appropriations detailing— 

22 (A) the United States Government’s multi23 year strategy for combating terrorism in Africa; 

24 (B) the amount of funding provided, by ac25 count, to implement such a strategy, and a 
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1 brief description of counter-terrorism programs 

2 implemented on a country-by-country basis; 

3 (C) the mechanisms for coordinating such 

4 assistance between the Department of State, 

5 the United States Agency for International De6 velopment, and the Department of Defense, be7 tween the United States Government and other 

8 international donors, and between the United 

9 States Government and respective host govern10 ments; and 

11 (D) the benchmarks for measuring the 

12 strengths and weaknesses in implementing such 

13 strategy. 

14 (c) CRISIS RESPONSE.—Notwithstanding any other 

15 provision of law, up to $15,000,000 of the funds appro16 priated by this Act under the heading ‘‘Global Health Pro17 grams’’ for HIV/AIDS activities may be transferred to, 

18 and merged with, funds appropriated under the headings 

19 ‘‘Complex Crises Fund’’, ‘‘International Disaster Assist20 ance’’, ‘‘Economic Support Fund’’, and ‘‘Migration and 

21 Refugee Assistance’’ to respond to unanticipated crises in 

22 Africa, except that funds shall not be transferred unless 

23 the Secretary of State certifies to the Committees on Ap24 propriations that no individual currently on anti-retroviral 

25 therapy supported by such funds shall be negatively im-
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1 pacted by the transfer of such funds: Provided, That the 

2 authority of this subsection shall be subject to prior con3 sultation with the Committees on Appropriations. 

4 (d) EXPANDED INTERNATIONAL MILITARY EDU5 CATION AND TRAINING.— 

6 (1) Funds appropriated under the heading 

7 ‘‘International Military Education and Training’’ 

8 (IMET) in this Act that are made available for as9 sistance for Angola, Cameroon, Central African Re10 public, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe 

11 may be made available only for expanded IMET. 

12 (2) None of the funds appropriated under the 

13 heading ‘‘International Military Education and 

14 Training’’ in this Act may be made available for as15 sistance for Equatorial Guinea or Somalia. 

16 (e) ETHIOPIA.— 

17 (1) Funds appropriated by this Act under the 

18 heading ‘‘Foreign Military Financing Program’’ that 

19 are available for assistance for Ethiopia shall not be 

20 made available unless the Secretary of State— 

21 (A) certifies to the Committees on Appro22 priations that the Government of Ethiopia is 

23 implementing policies to respect due process 

24 and freedoms of expression and association, and 

25 is permitting access to human rights and hu-
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1 manitarian organizations to the Somalia region 

2 of Ethiopia; and 

3 (B) submits a report to such Committees 

4 on the types and amounts of United States 

5 training and equipment proposed to be provided 

6 to the Ethiopian military including steps that 

7 will be taken to ensure that such assistance is 

8 not provided to military units or personnel that 

9 have violated human rights, and steps taken by 

10 the Government of Ethiopia to investigate and 

11 prosecute members of the Ethiopian military 

12 who have been credibly alleged to have violated 

13 such rights. 

14 (2) The restriction in paragraph (1) shall not 

15 apply to assistance to Ethiopian military efforts in 

16 support of international peacekeeping operations and 

17 for assistance to the Ethiopian Defense Command 

18 and Staff College. 

19 (f) THE GAMBIA.—The Secretary of the Treasury 

20 shall instruct the United States executive directors of the 

21 international financial institutions to vote against any 

22 loan, agreement, or other financial support for the Gam23 bia, except to meet basic human needs, unless the Sec24 retary of State certifies to the Committees on Appropria-
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1 tions that the Government of the Gambia is taking effec2 tive steps to release and account for political prisoners. 

3 (g) KENYA.—Funds appropriated by this Act under 

4 the heading ‘‘Foreign Military Financing Program’’ that 

5 are available for assistance for Kenya should not be made 

6 available unless a thorough, credible investigation has 

7 been conducted of alleged crimes by Kenyan soldiers at 

8 Mount Elgon in March 2008, and the responsible individ9 uals are being brought to justice. 

10 (h) SUDAN LIMITATION ON ASSISTANCE.— 

11 (1) Subject to paragraph (2): 

12 (A) Notwithstanding any other provision of 

13 law, none of the funds appropriated by this Act 

14 may be made available for assistance for the 

15 Government of Sudan unless the Secretary of 

16 State certifies to the Committees on Appropria17 tions that such government— 

18 (i) has lifted the state of emergency in 

19 Darfur; 

20 (ii) is cooperating with and partici21 pating in good faith in an internationally 

22 recognized peace process for Darfur; 

23 (iii) is permitting access and freedom 

24 of movement for the United Nations/Afri25 can Union Hybrid Mission in Darfur and 
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1 the delivery of humanitarian assistance in 

2 Darfur, and is respecting international hu3 manitarian law; 

4 (iv) is not engaging in provocative 

5 military operations within Sudan or cross6 border destabilization; and 

7 (v) has reached a mutually acceptable 

8 agreement with the Republic of South 

9 Sudan regarding the status of Abyei and 

10 other outstanding issues related to imple11 mentation of the Comprehensive Peace 

12 Agreement (CPA), including matters re13 lated to oil revenues and the transit of oil. 

14 (B) None of the funds appropriated by this 

15 Act may be made available for the cost, as de16 fined in section 502, of the Congressional 

17 Budget Act of 1974, of modifying loans and 

18 loan guarantees held by the Government of 

19 Sudan, including the cost of selling, reducing, 

20 or canceling amounts owed to the United 

21 States, and modifying concessional loans, guar22 antees, and credit agreements. 

23 (2) The limitations of paragraph (1) shall not 

24 apply to— 

25 (A) humanitarian assistance; 
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1 (B) assistance for the Darfur region, 

2 Southern Kordofan, Blue Nile, White Nile, 

3 Sennar, other marginalized areas in Sudan, and 

4 the Abyei area; and 

5 (C) assistance to support implementation 

6 of the CPA, mutually agreed upon arrange7 ments related to post-referendum issues associ8 ated with the CPA, or to promote peace and 

9 stability between Sudan and the Republic of 

10 South Sudan, or any other internationally rec11 ognized viable peace agreement in Sudan. 

12 (i) SOUTH SUDAN.— 

13 (1) Funds appropriated by this Act should be 

14 made available for assistance for South Sudan in15 cluding to increase agricultural productivity, expand 

16 educational opportunities especially for girls, 

17 strengthen democratic institutions and the rule of 

18 law, and enhance the capacity of the Federal Legis19 lative Assembly to conduct oversight over govern20 ment revenues and expenditures. 

21 (2) Not less than 15 days prior to the obliga22 tion of funds appropriated by this Act that are avail23 able for assistance for the Government of South 

24 Sudan, the Secretary of State shall submit a report 

25 to the Committees on Appropriations detailing the 
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1 extent to which the Government of South Sudan 

2 is— 

3 (A) supporting freedom of expression, the 

4 establishment of democratic institutions includ5 ing an independent judiciary, parliament, and 

6 security forces that are accountable to civilian 

7 authority; and 

8 (B) investigating and punishing members 

9 of security forces who have violated human 

10 rights. 

11 (3) The Secretary of State shall seek to obtain 

12 regular audits of the financial accounts of the Gov13 ernment of South Sudan to ensure transparency and 

14 accountability of funds, including revenues from the 

15 extraction of oil and gas, and the timely, public dis16 closure of such audits: Provided, That the Secretary 

17 should assist the Government of South Sudan in 

18 conducting such audits, and by providing technical 

19 assistance to enhance the capacity of the National 

20 Auditor Chamber to carry out its responsibilities, 

21 and shall submit a report not later than 90 days 

22 after enactment of this Act to the Committees on 

23 Appropriations detailing the steps that will be taken 

24 by the Government of South Sudan, which are addi25 tional to those taken in the previous fiscal year, to 
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1 improve natural resource management and ensure 

2 transparency and accountability of funds. 

3 (j) UGANDA.—Of the funds appropriated by this Act 

4 under the headings ‘‘Development Assistance’’ and ‘‘Inter5 national Narcotics Control and Law Enforcement’’, not 

6 less than $1,000,000 shall be made available to improve 

7 physical access, telecommunications infrastructure, and 

8 early-warning mechanisms in areas affected by the Lord’s 

9 Resistance Army (LRA), and not less than $1,000,000 

10 shall be made available to support the disarmament, demo11 bilization and reintegration of former LRA combatants, 

12 especially child soldiers. 

13 (k) WAR CRIMES IN AFRICA.— 

14 (1) The Congress reaffirms its support for the 

15 efforts of the International Criminal Tribunal for 

16 Rwanda (ICTR) and the Special Court for Sierra 

17 Leone (SCSL) to bring to justice individuals respon18 sible for war crimes and crimes against humanity in 

19 a timely manner. 

20 (2) Funds appropriated by this Act, including 

21 funds for debt restructuring, may be made available 

22 for assistance for the central government of a coun23 try in which individuals indicted by the ICTR and 

24 the SCSL are credibly alleged to be living, if the 

25 Secretary of State determines and reports to the 
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1 Committees on Appropriations that such government 

2 is cooperating with the ICTR and the SCSL, includ3 ing the apprehension, surrender, and transfer of 

4 indictees in a timely manner: Provided, That this 

5 subsection shall not apply to assistance provided 

6 under section 551 of the Foreign Assistance Act of 

7 1961 or to project assistance under title VI of this 

8 Act: Provided further, That the United States shall 

9 use its voice and vote in the United Nations Security 

10 Council to fully support efforts by the ICTR and the 

11 SCSL to bring to justice individuals indicted by such 

12 tribunals in a timely manner. 

13 (3) The prohibition in paragraph (2) may be 

14 waived on a country-by-country basis if the Presi15 dent determines that doing so is in the national se16 curity interest of the United States: Provided, That 

17 prior to exercising such waiver authority, the Presi18 dent shall submit a report to the Committees on Ap19 propriations, in classified form if necessary, on— 

20 (A) the steps being taken to obtain the co21 operation of the government in apprehending 

22 and surrendering the indictee in question to the 

23 court of jurisdiction; 

24 (B) a strategy, including a timeline, for 

25 bringing the indictee before such court; and 
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1 (C) the justification for exercising the 

2 waiver authority. 

3 (l) ZIMBABWE.— 

4 (1) The Secretary of the Treasury shall instruct 

5 the United States executive director of each inter6 national financial institution to vote against any ex7 tension by the respective institution of any loans or 

8 grants to the Government of Zimbabwe, except to 

9 meet basic human needs or to promote democracy, 

10 unless the Secretary of State determines and reports 

11 in writing to the Committees on Appropriations that 

12 the rule of law has been restored in Zimbabwe, in13 cluding respect for ownership and title to property, 

14 freedom of speech and association. 

15 (2) None of the funds appropriated by this Act 

16 shall be made available for assistance for the central 

17 Government of Zimbabwe, except for health, edu18 cation, and macroeconomic growth assistance, unless 

19 the Secretary of State makes the determination re20 quired in paragraph (1). 

21 ASIA

22 SEC. 7062. (a) TIBET.— 

23 (1) The Secretary of the Treasury should in24 struct the United States executive director of each 

25 international financial institution to use the voice 
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1 and vote of the United States to support projects in 

2 Tibet if such projects do not provide incentives for 

3 the migration and settlement of non-Tibetans into 

4 Tibet or facilitate the transfer of ownership of Ti5 betan land and natural resources to non-Tibetans; 

6 are based on a thorough needs-assessment; foster 

7 self-sufficiency of the Tibetan people and respect Ti8 betan culture and traditions; and are subject to ef9 fective monitoring. 

10 (2) Notwithstanding any other provision of law, 

11 not less than $7,500,000 of the funds appropriated 

12 by this Act under the heading ‘‘Economic Support 

13 Fund’’ should be made available to nongovernmental 

14 organizations to support activities which preserve 

15 cultural traditions and promote sustainable develop16 ment and environmental conservation in Tibetan 

17 communities in the Tibetan Autonomous Region and 

18 in other Tibetan communities in China. 

19 (b) BURMA.— 

20 (1) The Secretary of the Treasury shall instruct 

21 the United States executive directors of the inter22 national financial institutions to vote against any 

23 loan, agreement, or other financial support for 

24 Burma. 
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1 (2) Funds appropriated by this Act may be 

2 made available for assistance for Burma notwith3 standing any other provision of law, except no such 

4 funds shall be made available to the State Peace and 

5 Development Council, or its successor, and its affili6 ated organizations: Provided, That such funds shall 

7 be made available to support programs in Burma, 

8 along Burma’s borders, and for Burmese groups and 

9 organizations located outside Burma: Provided fur10 ther, That not less than $5,000,000 shall be made 

11 available for community-based organizations oper12 ating in Thailand to provide food, medical, and other 

13 humanitarian assistance to internally displaced per14 sons in eastern Burma, in addition to assistance for 

15 Burmese refugees appropriated under the heading 

16 ‘‘Migration and Refugee Assistance’’ in this Act: 

17 Provided further, That any new program or activity 

18 initiated with funds made available by this Act shall 

19 be subject to prior consultation with the Committees 

20 on Appropriations, and all such funds shall be sub21 ject to the regular notification procedures of the 

22 Committees on Appropriations. 

23 (c) CAMBODIA.—Funds made available in this Act for 

24 a United States contribution to a Khmer Rouge tribunal 

25 may only be made available if the Secretary of State cer-
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1 tifies to the Committees on Appropriations that the 

2 United Nations and the Government of Cambodia are tak3 ing effective steps to address allegations of corruption and 

4 mismanagement within the tribunal. 

5 (d) INDONESIA.— 

6 (1) Of the funds appropriated by this Act under 

7 the heading ‘‘Foreign Military Financing Program’’ 

8 that are available for assistance for Indonesia, 

9 $2,000,000 may not be obligated until the Secretary 

10 of State submits to the Committees on Appropria11 tions the report on Indonesia required under such 

12 heading in the report accompanying this Act. 

13 (2) Of the funds appropriated by this Act under 

14 the heading ‘‘Economic Support Fund’’ that are 

15 available for assistance for Indonesia, not less than 

16 $400,000 should be made available for grants for ca17 pacity building of Indonesian human rights organi18 zations, including in Papua. 

19 (e) PEOPLE’S REPUBLIC OF CHINA.— 

20 (1) None of the funds appropriated under the 

21 heading ‘‘Diplomatic and Consular Programs’’ in 

22 this Act may be obligated or expended for processing 

23 licenses for the export of satellites of United States 

24 origin (including commercial satellites and satellite 

25 components) to the People’s Republic of China un-
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1 less, at least 15 days in advance, the Committees on 

2 Appropriations are notified of such proposed action. 

3 (2) The terms and requirements of section 

4 620(h) of the Foreign Assistance Act of 1961 shall 

5 apply to foreign assistance projects or activities of 

6 the People’s Liberation Army (PLA) of the People’s 

7 Republic of China, to include such projects or activi8 ties by any entity that is owned or controlled by, or 

9 an affiliate of, the PLA: Provided, That none of the 

10 funds appropriated or otherwise made available pur11 suant to this Act may be used to finance any grant, 

12 contract, or cooperative agreement with the PLA, or 

13 any entity that the Secretary of State has reason to 

14 believe is owned or controlled by, or an affiliate of, 

15 the PLA. 

16 (3) Notwithstanding any other provision of law 

17 and subject to prior consultation with, and the reg18 ular notification procedures of, the Committees on 

19 Appropriations, of the funds appropriated under the 

20 heading ‘‘Economic Support Fund’’, not less than 

21 $20,000,000 shall be made available to United 

22 States institutions of higher education and non23 governmental organizations for programs and activi24 ties in the People’s Republic of China relating to de-
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1 mocracy, governance, rule of law, and the environ2 ment. 

3 (f) PHILIPPINES.—Of the funds appropriated by this 

4 Act under the heading ‘‘Foreign Military Financing Pro5 gram’’ that are available for assistance for the Philippines, 

6 $3,000,000 may not be obligated until the Secretary of 

7 State submits to the Committees on Appropriations the 

8 report on the Philippines required under such heading in 

9 the report accompanying this Act. 

10 (g) TIMOR-LESTE.—Of the funds appropriated by 

11 this Act under the heading ‘‘Economic Support Fund’’, 

12 not less than $1,000,000 shall be made available for high13 er education scholarships in Timor-Leste. 

14 (h) VIETNAM.—Of the funds appropriated under the 

15 heading ‘‘Economic Support Fund’’, not less than 

16 $15,000,000 shall be made available for remediation of 

17 dioxin contaminated sites in Vietnam and may be made 

18 available for assistance for the Government of Vietnam, 

19 including the military, for such purposes, and not less 

20 than $5,000,000 under the heading ‘‘Development Assist21 ance’’ shall be made available for related health/disability 

22 activities. 

23 INDEPENDENT STATES OF THE FORMER SOVIET UNION

24 SEC. 7063. (a) None of the funds appropriated under 

25 the heading ‘‘Assistance for Europe, Eurasia and Central 
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1 Asia’’ may be made available for assistance for a govern2 ment of an Independent State of the former Soviet Union 

3 if that government directs any action in violation of the 

4 territorial integrity or national sovereignty of any other 

5 Independent State of the former Soviet Union, such as 

6 those violations included in the Helsinki Final Act, unless 

7 the Secretary of State determines that to do so is in the 

8 national security interests of the United States. 

9 (b) Funds appropriated under the heading ‘‘Assist10 ance for Europe, Eurasia and Central Asia’’ for the Rus11 sian Federation, Armenia, Azerbaijan, Kazakhstan, and 

12 Uzbekistan shall be subject to the regular notification pro13 cedures of the Committees on Appropriations. 

14 (c) Section 907 of the FREEDOM Support Act shall 

15 not apply to— 

16 (1) activities to support democracy or assist17 ance under title V of the FREEDOM Support Act 

18 and section 1424 of Public Law 104–201 or non19 proliferation assistance; 

20 (2) any assistance provided by the Trade and 

21 Development Agency under section 661 of the For22 eign Assistance Act of 1961 (22 U.S.C. 2421); 

23 (3) any activity carried out by a member of the 

24 United States and Foreign Commercial Service while 

25 acting within his or her official capacity; 
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1 (4) any insurance, reinsurance, guarantee or 

2 other assistance provided by the Overseas Private 

3 Investment Corporation under title IV of chapter 2 

4 of part I of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2191 et seq.); 

6 (5) any financing provided under the Export7 Import Bank Act of 1945; or 

8 (6) humanitarian assistance. 

9 CENTRAL ASIA

10 SEC. 7064. The terms and conditions of sections 

11 7075(a) through (d) and 7076(a) through (e) of the De12 partment of State, Foreign Operations, and Related Pro13 grams Appropriations Act, 2009 (division H of Public Law 

14 111–8) shall apply to funds appropriated by this Act, ex15 cept that the Secretary of State may waive the application 

16 of section 7076(a) for a period of not more than 6 months 

17 and every 6 months thereafter until September 30, 2013, 

18 if the Secretary certifies to the Committees on Appropria19 tions that the waiver is in the national security interest 

20 and necessary to obtain access to and from Afghanistan 

21 for the United States, and the waiver includes an assess22 ment of progress, if any, by the Government of Uzbekistan 

23 in meeting the requirements in section 7076(a): Provided, 

24 That the Secretary of State, in consultation with the Sec25 retary of Defense, shall submit a report to the Committees 
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1 on Appropriations not later than 180 days after enactment 

2 of this Act and 12 months thereafter, on all United States 

3 Government assistance provided to the Government of Uz4 bekistan and expenditures made in support of the North5 ern Distribution Network in Uzbekistan, including any 

6 credible information that such assistance or expenditures 

7 are being diverted for corrupt purposes: Provided further, 

8 That information provided in the report required by the 

9 previous proviso may be provided in a classified annex and 

10 such annex shall indicate the basis for such classification: 

11 Provided further, That for the purposes of the application 

12 of section 7075(c) to this Act, the report shall be sub13 mitted not later than October 1, 2012 and for the pur14 poses of the application of section 7076(e) to this Act, the 

15 term ‘‘assistance’’ shall not include expanded international 

16 military education and training. 

17 SOUTH ASIA

18 SEC. 7065. (a) AFGHANISTAN.— 

19 (1) LIMITATION.—None of the funds appro20 priated or otherwise made available by this Act 

21 under the headings ‘‘Economic Support Fund’’ and 

22 ‘‘International Narcotics Control and Law Enforce23 ment’’ may be obligated for assistance for the Gov24 ernment of Afghanistan until the Secretary of State, 

25 in consultation with the Administrator of the United 
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1 States Agency for International Development 

2 (USAID), certifies and reports to the Committees on 

3 Appropriations that— 

4 (A) The funds will be used to support pro5 grams and activities that can be sustained by 

6 Afghan national, provincial or local govern7 ments. 

8 (B) The Government of Afghanistan is— 

9 (i) reducing corruption and improving 

10 governance, including by investigating, 

11 prosecuting, sanctioning and/or removing 

12 corrupt officials from office and imple13 menting financial transparency and ac14 countability measures for government insti15 tutions and officials (including the Central 

16 Bank) as well as conducting oversight of 

17 public resources; and 

18 (ii) taking credible steps to protect the 

19 human rights of Afghan women. 

20 (C) Funds will be used to support and 

21 strengthen the capacity of Afghan public and 

22 private institutions and entities to reduce cor23 ruption and to improve transparency and ac24 countability of national, provincial and local 

25 governments. 
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1 (D) Representatives of Afghan national, 

2 provincial or local governments, and local com3 munities and civil society organizations, includ4 ing women-led organizations, will be consulted 

5 and participate in the design of programs, 

6 projects, and activities, including participation 

7 in implementation and oversight, and the devel8 opment of specific benchmarks to measure 

9 progress and outcomes. 

10 (2) DIRECT GOVERNMENT-TO-GOVERNMENT AS11 SISTANCE.— 

12 (A) Funds appropriated or otherwise made 

13 available by this Act for assistance for Afghani14 stan may not be made available for direct gov15 ernment-to-government assistance unless the 

16 Secretary of State certifies to the Committees 

17 on Appropriations that the relevant Afghan im18 plementing agency has been assessed and con19 sidered qualified to manage such funds and the 

20 Government of the United States and the Gov21 ernment of Afghanistan have agreed, in writing, 

22 to achievable and sustainable goals, benchmarks 

23 for measuring progress, and expected results 

24 for the use of such funds, and have established 

25 mechanisms within each implementing agency 
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1 to ensure that such funds are used for the pur2 poses for which they were intended: Provided, 

3 That the assessment procedures of the Depart4 ment of State and USAID shall be standardized 

5 and provide reasonable assurance of detecting 

6 significant vulnerabilities that could result in 

7 the waste or misuse of United States funds: 

8 Provided further, That the Secretary of State 

9 should suspend any direct government-to-gov10 ernment assistance to an implementing agency 

11 if the Secretary has credible information of mis12 use of such funds by any such agency: Provided 

13 further, That any such assistance shall be sub14 ject to prior consultation with, and the regular 

15 notification procedures of, the Committees on 

16 Appropriations. 

17 (B) Funds appropriated or otherwise made 

18 available by this Act for assistance for Afghani19 stan may be made available as a United States 

20 contribution to the Afghanistan Reconstruction 

21 Trust Fund (ARTF) unless the Secretary of 

22 State determines and reports to the Committees 

23 on Appropriations that the World Bank Moni24 toring Agent of the ARTF is unable to conduct 

25 its financial control and audit responsibilities 
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1 due to restrictions on security personnel by the 

2 Government of Afghanistan. 

3 (3) ASSISTANCE AND OPERATIONS.— 

4 (A) Funds appropriated under the head5 ings ‘‘Economic Support Fund’’ and ‘‘Inter6 national Narcotics Control and Law Enforce7 ment’’ in this Act that are available for assist8 ance for Afghanistan— 

9 (i) shall be made available, to the 

10 maximum extent practicable, in a manner 

11 that emphasizes the participation of Af12 ghan women, and directly improves the se13 curity, economic and social well-being, and 

14 political status, and protects the rights of, 

15 Afghan women and girls and complies with 

16 sections 7056 and 7057 of this Act, includ17 ing support for the Afghan Independent 

18 Human Rights Commission, the Afghan 

19 Ministry of Women’s Affairs, and women20 led organizations. 

21 (ii) may be made available for a 

22 United States contribution to an inter23 nationally managed fund to support the 

24 reconciliation with and disarmament, de25 mobilization and reintegration into Afghan 
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1 society of former combatants who have re2 nounced violence against the Government 

3 of Afghanistan: Provided, That funds may 

4 be made available to support reconciliation 

5 and reintegration activities only if: 

6 (I) Afghan women are partici7 pating at national, provincial and local 

8 levels of government in the design, 

9 policy formulation and implementation 

10 of the reconciliation or reintegration 

11 process, and such process upholds 

12 steps taken by the Government of Af13 ghanistan to protect the human rights 

14 of Afghan women; and 

15 (II) such funds will not be used 

16 to support any pardon or immunity 

17 from prosecution, or any position in 

18 the Government of Afghanistan or se19 curity forces, for any leader of an 

20 armed group responsible for crimes 

21 against humanity, war crimes, or acts 

22 of terrorism; 

23 (iii) may be made available for a 

24 United States contribution to the North 

25 Atlantic Treaty Organization/International 
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1 Security Assistance Force Post-Operations 

2 Humanitarian Relief Fund; and 

3 (iv) may be made available, notwith4 standing any provision of law that restricts 

5 assistance to foreign countries, for cross 

6 border stabilization and development pro7 grams between Afghanistan and Pakistan 

8 or between either country and the Central 

9 Asian republics. 

10 (B) The authority contained in section 

11 1102(c) of Public Law 111–32 shall continue in 

12 effect during fiscal year 2012 and shall apply 

13 as if part of this Act. 

14 (C)(i) Of the funds appropriated by this 

15 Act that are made available for assistance for 

16 Afghanistan, not less than $75,000,000 shall be 

17 made available for rule of law programs: Pro18 vided, That decisions on the uses of such funds 

19 shall be the responsibility of the Coordinator for 

20 Rule of Law, in consultation with the Inter21 agency Planning and Implementation Team, at 

22 the United States Embassy in Kabul, Afghani23 stan: Provided further, That $250,000 of such 

24 funds shall be transferred to, and merged with, 

25 funds appropriated under the heading ‘‘Office 
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1 of Inspector General’’ in title I of this Act for 

2 oversight of such programs and activities. 

3 (ii) The Coordinator for Rule of Law at 

4 the United States Embassy in Kabul, Afghani5 stan shall be consulted on the use of all funds 

6 appropriated by this Act for rule of law pro7 grams in Afghanistan. 

8 (D) None of the funds made available by 

9 this Act may be used by the United States Gov10 ernment to enter into a permanent basing 

11 rights agreement between the United States 

12 and Afghanistan. 

13 (E) Any significant modification to the 

14 scope, objectives or implementation mechanisms 

15 of United States assistance programs in Af16 ghanistan shall be subject to prior consultation 

17 with, and the regular notification procedures of, 

18 the Committees on Appropriations, except that 

19 the prior consultation requirement may be 

20 waived in a manner consistent with section 

21 7015(e) of this Act. 

22 (F) None of the funds appropriated by this 

23 Act under the heading ‘‘Economic Support 

24 Fund’’ may be made available for transpor25 tation infrastructure in Afghanistan unless the 
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1 Secretary of State reports to the Committees on 

2 Appropriations that the Government of Afghan3 istan has established a standardized rail gauge 

4 consistent with that utilized by Central Asian 

5 states, including Uzbekistan: Provided, That 

6 the Secretary of State may waive the require7 ment of this paragraph if the Secretary of State 

8 reports to the Committees on Appropriations 

9 that to do so is important to the national secu10 rity interests of the United States. 

11 (G) Not later than 90 days after enact12 ment of this Act, the Secretary of State shall 

13 report to the Committees on Appropriations 

14 whether an International Monetary Fund 

15 (IMF) country program for Afghanistan has 

16 been established: Provided, That if such pro17 gram has not been established by that date, the 

18 report required by this paragraph shall include 

19 specific actions requested by the IMF, and 

20 taken by the Government of Afghanistan, to ad21 dress the Kabul Bank crisis and restore con22 fidence in Afghanistan’s banking sector. 

23 (4) OVERSIGHT.— 

24 (A) The Special Inspector General for Af25 ghanistan Reconstruction, the Inspector Gen-
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1 eral of the Department of State and the Inspec2 tor General of USAID, shall jointly develop and 

3 submit to the Committees on Appropriations 

4 within 45 days of enactment of this Act a co5 ordinated audit and inspection plan of United 

6 States assistance for, and civilian operations in, 

7 Afghanistan. 

8 (B) The USAID Administrator should pro9 vide for independent, transparent evaluations of 

10 assistance programs and activities in Afghani11 stan which exceed $25,000,000. 

12 (b) NEPAL.— 

13 (1) Funds appropriated by this Act under the 

14 headings ‘‘Foreign Military Financing Program’’ 

15 and ‘‘Peacekeeping Operations’’ may be made avail16 able for assistance for Nepal only if the Secretary of 

17 State certifies to the Committees on Appropriations 

18 that the Nepal Army is— 

19 (A) cooperating fully with investigations 

20 and prosecutions by civilian judicial authorities 

21 of violations of human rights; and 

22 (B) working constructively to redefine the 

23 Nepal Army’s mission and adjust its size ac24 cordingly, implement reforms including 

25 strengthening the capacity of the civilian min-
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1 istry of defense to improve budget transparency 

2 and accountability, and facilitate the integration 

3 of former rebel combatants into the security 

4 forces including the Nepal Army, consistent 

5 with the goals of reconciliation, peace and sta6 bility. 

7 (2) The conditions in paragraph (1) shall not 

8 apply to assistance for humanitarian relief and re9 construction activities in Nepal. 

10 (c) PAKISTAN.— 

11 (1) DIRECT GOVERNMENT-TO-GOVERNMENT AS12 SISTANCE.—Funds appropriated by this Act for as13 sistance for Pakistan may be made available for di14 rect government-to-government assistance only if the 

15 Secretary of State certifies to the Committees on 

16 Appropriations that the Government of the United 

17 States and the Government of Pakistan have agreed, 

18 in writing, to achievable and sustainable goals, 

19 benchmarks for measuring progress, and expected 

20 results for the use of such funds, and have estab21 lished mechanisms within each implementing agency 

22 to ensure that such funds are used for the purposes 

23 for which they were intended: Provided, That the 

24 Secretary of State should suspend any direct govern25 ment-to-government assistance to an implementing 
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1 agency if the Secretary has credible information of 

2 misuse of such funds by any such agency: Provided 

3 further, That funds made available pursuant to this 

4 subparagraph shall be subject to prior consultation 

5 with, and the regular notification procedures of, the 

6 Committees on Appropriations. 

7 (2) INFRASTRUCTURE PROJECTS.—Funds ap8 propriated under the heading ‘‘Economic Support 

9 Fund’’ in this Act that are made available for assist10 ance for infrastructure projects in Pakistan shall be 

11 implemented in a manner consistent with section 

12 507(6) of the Trade Act of 1974 (19 U.S.C. 

13 2467(6)). 

14 (3) MILITARY ASSISTANCE.—Funds appro15 priated by this Act under the headings ‘‘Foreign 

16 Military Financing Program’’ and ‘‘Pakistan 

17 Counter-insurgency Capability Fund’’ that are avail18 able for assistance for Pakistan may be made avail19 able only to support counter-terrorism and counter20 insurgency operations in Pakistan, and are subject 

21 to section 620M of the Foreign Assistance Act of 

22 1961, as amended by this Act. 

23 (4) CERTIFICATION AND REPORT.— 

24 (A) CERTIFICATION.— 
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1 (i) Prior to the obligation of funds in 

2 titles III and IV and under the heading 

3 ‘‘Pakistan Counter-Insurgency Capability 

4 Fund’’ in this Act for assistance for the 

5 Government of Pakistan, the Secretary of 

6 State shall certify to the Committees on 

7 Appropriations that the Government of 

8 Pakistan is— 

9 (I) cooperating with the United 

10 States in efforts against the Haqqani 

11 Network, the Quetta Shura Taliban, 

12 Lashkar e-Tayyiba, Al Qaeda and 

13 other domestic and foreign terrorist 

14 organizations, including taking steps 

15 to end support for such groups and 

16 prevent them from operating in Paki17 stan and carrying out cross border at18 tacks into neighboring countries; 

19 (II) not impeding the issuance of 

20 visas for United States visitors en21 gaged in counterterrorism efforts and 

22 assistance programs, in Pakistan; and 

23 (III) providing humanitarian or24 ganizations access to detainees, inter25 nally displaced persons, and other 
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1 Pakistani civilians affected by the con2 flict. 

3 (ii) The Secretary of State may waive 

4 the requirements of paragraph (i) if to do 

5 so is in the national security interests of 

6 the United States. 

7 (B) REPORT.—The spend plan required by 

8 section 7083 of this Act for assistance for Paki9 stan shall include achievable and sustainable 

10 goals, benchmarks for measuring progress, and 

11 expected results regarding furthering the devel12 opment of Pakistan, countering extremism, and 

13 establishing conditions conducive to the rule of 

14 law and accountable governance: Provided, That 

15 not later than 6 months after submission of 

16 such spend plan, and each 6 months thereafter 

17 until September 30, 2013, the Secretary of 

18 State shall submit a report on the status of 

19 achieving the goals and benchmarks in the 

20 spend plan: Provided further, That the Sec21 retary of State should suspend assistance for 

22 the Government of Pakistan if any such report 

23 indicates that Pakistan is failing to make meas24 urable progress in meeting any such goal or 

25 benchmark. 
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1 (5) PRECURSOR CHEMICALS.—Funds appro2 priated under the heading ‘‘Economic Support 

3 Fund’’ that are available for assistance for Pakistan 

4 should be made available to stop the flow of pre5 cursor materials used to manufacture Improvised 

6 Explosive Devices, including calcium ammonium ni7 trate, from Pakistan to Afghanistan, including pro8 grams to train border and customs officials in Paki9 stan and Afghanistan as well as agricultural exten10 sion programs that encourage alternative fertilizers 

11 among Pakistani farmers. 

12 (6) HUMAN RIGHTS AND DEMOCRACY.—Of the 

13 funds appropriated under the heading ‘‘Economic 

14 Support Fund’’ in this Act for assistance for Paki15 stan $5,000,000 shall be made available through the 

16 Bureau of Democracy, Human Rights and Labor, 

17 Department of State, for human rights and democ18 racy programs in Pakistan, including training of 

19 government officials and security forces, and assist20 ance for human rights organizations and the devel21 opment of democratic political parties. 

22 (7) CHIEF OF MISSION.—Of the funds appro23 priated under the heading ‘‘Economic Support 

24 Fund’’ in this Act for assistance for Pakistan, up to 

25 $10,000,000 may be made available to the Chief of 
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1 Mission to address unanticipated humanitarian 

2 needs: Provided, That such funds shall be subject to 

3 prior consultation with, and the regular notification 

4 procedures of, the Committees on Appropriations, 

5 except that the prior consultation requirement may 

6 be waived in a manner consistent with section 

7 7015(e) of this Act. 

8 (d) SRI LANKA.— 

9 (1) None of the funds appropriated by this Act 

10 under the headings ‘‘Foreign Military Financing 

11 Program’’ and ‘‘Peacekeeping Operations’’ may be 

12 made available for assistance for Sri Lanka, no de13 fense export license may be issued, and no military 

14 equipment or technology shall be sold or transferred 

15 to Sri Lanka pursuant to the authorities contained 

16 in this Act or any other Act, unless the Secretary of 

17 State certifies to the Committees on Appropriations 

18 that the Government of Sri Lanka is— 

19 (A) conducting credible, thorough inves20 tigations of alleged war crimes and violations of 

21 international humanitarian law by government 

22 forces and the Liberation Tigers of Tamil 

23 Eelam; 
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1 (B) bringing to justice individuals who 

2 have been credibly alleged to have committed 

3 such violations; 

4 (C) supporting and cooperating with any 

5 United Nations investigation of alleged war 

6 crimes and violations of international humani7 tarian law; 

8 (D) respecting due process, the rights of 

9 journalists, and the rights of citizens to peace10 ful expression and association, including ending 

11 arrest and detention under emergency regula12 tions; 

13 (E) providing access to detainees by hu14 manitarian organizations; and 

15 (F) implementing policies to promote rec16 onciliation and justice including devolution of 

17 power as provided for in the Constitution of Sri 

18 Lanka. 

19 (2) Paragraph (2) shall not apply to assistance 

20 for humanitarian demining and aerial and maritime 

21 surveillance. 

22 (3) If the Secretary makes the certification re23 quired in paragraph (2), funds appropriated under 

24 the heading ‘‘Foreign Military Financing Program’’ 

25 that are made available for assistance for Sri Lanka 
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1 should be used to support the recruitment and train2 ing of Tamils into the Sri Lankan military, Tamil 

3 language training for Sinhalese military personnel, 

4 and human rights training for all military personnel. 

5 (4) The Secretary of the Treasury shall instruct 

6 the United States executive directors of the inter7 national financial institutions to vote against any 

8 loan, agreement, or other financial support for Sri 

9 Lanka except to meet basic human needs, unless the 

10 Secretary of State certifies to the Committees on 

11 Appropriations that the Government of Sri Lanka is 

12 meeting the requirements in paragraph (2)(D), (E), 

13 and (F) of this subsection. 

14 ENTERPRISE FUNDS

15 SEC. 7066. (a) Prior to the distribution of any assets 

16 resulting from any liquidation, dissolution, or winding up 

17 of an Enterprise Fund, in whole or in part, the President 

18 shall submit to the Committees on Appropriations, in ac19 cordance with the regular notification procedures of the 

20 Committees on Appropriations, a plan for the distribution 

21 of the assets of the Enterprise Fund. 

22 (b) Funds made available under titles III through VI 

23 of this Act for Enterprise Funds shall be expended at the 

24 minimum rate necessary to make timely payment for 

25 projects and activities and shall be subject to the regular 
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1 notification procedures of the Committees on Appropria2 tions. 

3 OVERSEAS PRIVATE INVESTMENT CORPORATION

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 7067. (a) Whenever the President determines 

6 that it is in furtherance of the purposes of the Foreign 

7 Assistance Act of 1961, up to a total of $20,000,000 of 

8 the funds appropriated under title III of this Act may be 

9 transferred to, and merged with, funds appropriated by 

10 this Act for the Overseas Private Investment Corporation 

11 Program Account, to be subject to the terms and condi12 tions of that account: Provided, That such funds shall not 

13 be available for administrative expenses of the Overseas 

14 Private Investment Corporation: Provided further, That 

15 designated funding levels in this Act shall not be trans16 ferred pursuant to this section: Provided further, That the 

17 exercise of such authority shall be subject to the regular 

18 notification procedures of the Committees on Appropria19 tions. 

20 (b) Notwithstanding section 235(a)(2) of the Foreign 

21 Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the au22 thority of subsections (a) through (c) of section 234 of 

23 such Act shall remain in effect. 
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1 EXTRADITION

2 SEC. 7068. (a) None of the funds appropriated in this 

3 Act may be used to provide assistance (other than funds 

4 provided under the headings ‘‘International Narcotics 

5 Control and Law Enforcement’’, ‘‘Migration and Refugee 

6 Assistance’’, ‘‘Emergency Migration and Refugee Assist7 ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

8 and Related Assistance’’) for the central government of 

9 a country which has notified the Department of State of 

10 its refusal to extradite to the United States any individual 

11 indicted for a criminal offense for which the maximum 

12 penalty is life imprisonment without the possibility of pa13 role or for killing a law enforcement officer, as specified 

14 in a United States extradition request. 

15 (b) Subsection (a) shall only apply to the central gov16 ernment of a country with which the United States main17 tains diplomatic relations and with which the United 

18 States has an extradition treaty and the government of 

19 that country is in violation of the terms and conditions 

20 of the treaty. 

21 (c) The Secretary of State may waive the restriction 

22 in subsection (a) on a case-by-case basis if the Secretary 

23 certifies to the Committees on Appropriations that such 

24 waiver is important to the national interests of the United 

25 States. 
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1 CLIMATE CHANGE AND ENVIRONMENT PROGRAMS

2 SEC. 7069. (a) IN GENERAL.—Of the funds appro3 priated by this Act, up to $1,250,000,000 may be made 

4 available for programs and activities to— 

5 (1) reduce, mitigate, and sequester greenhouse 

6 gases that contribute to global climate change; 

7 (2) support climate change adaptation; and 

8 (3) protect biodiversity, including wildlife, trop9 ical forests, and other critical landscapes. 

10 (b) USES OF CLEAN ENERGY FUNDING.—Funds ap11 propriated by this Act under the headings ‘‘Development 

12 Assistance’’, ‘‘Economic Support Fund’’, and ‘‘Assistance 

13 for Europe, Eurasia and Central Asia’’ for clean energy 

14 programs and activities, may be made available only to 

15 support and promote the sustainable use of renewable en16 ergy technologies and end-use energy efficiency tech17 nologies, carbon sequestration, and carbon accounting. 

18 (c) TROPICAL FOREST PROGRAMS.—Funds appro19 priated under title III of this Act for tropical forest pro20 grams shall be used to protect biodiversity, including not 

21 less than $2,000,000 to implement and enforce section 

22 8204 of Public Law 110–246, shall not be used to support 

23 or promote the expansion of industrial scale logging into 

24 primary tropical forests, and shall be subject to prior con25 sultation with, and the regular notification procedures of, 
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1 the Committees on Appropriations: Provided, That of the 

2 funds that are available for the Central African Regional 

3 Program for the Environment (CARPE) and other trop4 ical forest programs in the Congo Basin, not less than 

5 $9,000,000 shall be apportioned directly to the United 

6 States Fish and Wildlife Service to implement such pro7 grams: Provided further, That not less than $10,000,000 

8 shall be made available for biodiversity conservation pro9 grams in the Brazilian Amazon, not less than $15,000,000 

10 shall be made available for such programs in the Andean 

11 Amazon, and not less than $1,000,000 shall be appor12 tioned directly to the Department of the Interior for pro13 grams in the Guatemala Mayan Biosphere Reserve. 

14 (d) AUTHORITY.—Funds appropriated by this Act to 

15 carry out the provisions of sections 103 through 106, and 

16 chapter 4 of part II, of the Foreign Assistance Act of 1961 

17 may be used, notwithstanding any other provision of law 

18 except for the provisions of this section and subject to the 

19 regular notification procedures of the Committees on Ap20 propriations, to support climate change and environment 

21 programs. 

22 (e) CONSULTATION.—Funds made available pursuant 

23 to this section are subject to prior consultation with, and 

24 the regular notification procedures of, the Committees on 

25 Appropriations. 
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1 (f) EXTRACTION OF NATURAL RESOURCES.— 

2 (1) Funds appropriated by this Act shall be 

3 made available to promote and support transparency 

4 and accountability of expenditures and revenues re5 lated to the extraction of natural resources, includ6 ing by strengthening implementation and monitoring 

7 of the Extractive Industries Transparency Initiative, 

8 section 8204 of Public Law 110–246, and the Kim9 berley Process Certification Scheme, and by pro10 viding technical assistance to promote independent 

11 audit mechanisms and support civil society partici12 pation in natural resource management. 

13 (2)(A) The Secretary of the Treasury shall in14 form the managements of the international financial 

15 institutions and post on the Department of the 

16 Treasury’s Web site that it is the policy of the 

17 United States to vote against any assistance by such 

18 institutions (including but not limited to any loan, 

19 credit, grant, or guarantee) for the extraction and 

20 export of a natural resource if the government of the 

21 country has in place laws or regulations to prevent 

22 or limit the public disclosure of company payments 

23 as required by section 1504 of Public Law 111–203, 

24 and unless such government has in place functioning 
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1 systems in the sector in which assistance is being 

2 considered for: 

3 (i) accurately accounting for and public 

4 disclosure of payments to the host government 

5 by companies involved in the extraction and ex6 port of natural resources; 

7 (ii) the independent auditing of accounts 

8 receiving such payments and public disclosure 

9 of the findings of such audits; 

10 (iii) public disclosure of such documents as 

11 Host Government Agreements, Concession 

12 Agreements, and bidding documents, allowing 

13 in any such dissemination or disclosure for the 

14 redaction of, or exceptions for, information that 

15 is commercially proprietary or that would create 

16 competitive disadvantage. 

17 (B) The requirements of subparagraph (A) 

18 shall not apply to assistance for the purpose of 

19 building the capacity of such government to meet 

20 the requirements of this paragraph. 

21 (C) Not later than 180 days after enactment of 

22 this Act, the Secretary of the Treasury shall submit 

23 a report to the Committees on Appropriations de24 scribing, for each international financial institution, 

25 the amount and type of assistance provided, by 
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1 country, for the extraction and export of natural re2 sources in the preceding 12 months, whether each 

3 institution considered, in providing such assistance, 

4 the extent to which the country has functioning sys5 tems, laws or regulations in place to prevent or limit 

6 disclosure of company payments as described in sub7 paragraph (A). 

8 (3) The Secretary of the Treasury or the Sec9 retary of State, as appropriate, shall instruct the 

10 United States executive director of each inter11 national financial institution and the United States 

12 representatives to all forest-related multilateral fi13 nancing mechanisms and processes, that it is the 

14 policy of the United States to vote against the ex15 pansion of industrial scale logging into primary trop16 ical forests. 

17 (g) CLEAN TECHNOLOGY FUND.— 

18 (1) AUTHORIZATION OF APPROPRIATIONS.—For 

19 fiscal year 2011, up to $350,000,000 is authorized 

20 to be appropriated for a United States contribution 

21 to the Clean Technology Fund (the Fund). 

22 (2) LIMITS ON COUNTRY ACCESS.—The Sec23 retary of the Treasury shall use the voice and vote 

24 of the United States to ensure that— 
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1 (A) the Fund does not provide more than 

2 15 percent of Fund resources to any one coun3 try; 

4 (B) prior to the obligation of funds from 

5 the Fund to a recipient country, recipient coun6 tries shall submit to the governing body of the 

7 Fund, and the governing body of the Fund ap8 propriately reviews and considers, an invest9 ment plan that will achieve significant net re10 ductions in national-level greenhouse gas emis11 sions; 

12 (C) the investment plan for a recipient 

13 country, whose borrowing status is classified by 

14 the World Bank as ‘‘International Development 

15 Association blend’’, shall have at least 15 per16 cent of its total cost for public sector activities 

17 contributed from the public funds of the recipi18 ent country, and any recipient country whose 

19 borrowing status is classified by the World 

20 Bank as ‘‘International Bank for Reconstruc21 tion and Development Only’’ status, shall have 

22 at least 25 percent of its total cost for public 

23 sector activities contributed from public funds 

24 of the recipient country; and 
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1 (D) assistance made available by the Fund 

2 is used exclusively to support the deployment of 

3 clean energy technologies in developing coun4 tries (including, where appropriate, through the 

5 provision of technical support or support for 

6 policy or institutional reforms) in a manner 

7 that achieves substantial net reductions in 

8 greenhouse gas emissions. 

9 (3) DEFINITIONS.—For purposes of this sub10 section the definitions contained in section 

11 7081(g)(4) of division F of Public Law 111–117 

12 shall apply to this Act, except that ‘‘Public Sector 

13 Activities’’ shall mean ‘‘Public Funds’’. 

14 PROHIBITION ON PROMOTION OF TOBACCO

15 SEC. 7070. None of the funds provided by this Act 

16 shall be available to promote the sale or export of tobacco 

17 or tobacco products, or to seek the reduction or removal 

18 by any foreign country of restrictions on the marketing 

19 of tobacco or tobacco products, except for restrictions 

20 which are not applied equally to all tobacco or tobacco 

21 products of the same type. 

22 COMMERCIAL LEASING OF DEFENSE ARTICLES

23 SEC. 7071. The second sentence of section 23(a) of 

24 the Arms Export Control Act, as amended, (Public Law 

25 96–29) is further amended by striking ‘‘and Egypt’’ and 
217 

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1 inserting ‘‘, Egypt, and NATO and major non-NATO al2 lies’’. 

3 INTERNATIONAL PRISON CONDITIONS

4 SEC. 7072. (a) Not later than 180 days after enact5 ment of this Act, the Secretary of State shall submit to 

6 the Committees on Appropriations a report, which shall 

7 also be made publicly available including on the Depart8 ment of State’s Web site, describing the conditions in pris9 ons and other detention facilities in at least 30 countries 

10 receiving United States assistance, of which 15 countries 

11 shall be selected based on the Secretary’s determination 

12 that such conditions raise the most serious human rights 

13 or humanitarian concerns, and 15 countries shall be se14 lected at random. 

15 (b) For purposes of each determination made pursu16 ant to subsection (a), the Secretary shall consider the cri17 teria listed in section 7085(b)(1 through 10) of division 

18 F of Public Law 111–117. 

19 (c) Funds appropriated by this Act to carry out the 

20 provisions of chapters 1 and 11 of part I and chapter 4 

21 of part II of the Foreign Assistance Act of 1961, and the 

22 Support for East European Democracy (SEED) Act of 

23 1989, shall be made available, notwithstanding section 

24 660 of the Foreign Assistance Act of 1961, for assistance 
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1 to eliminate inhumane conditions in foreign prisons and 

2 other detention facilities. 

3 TRANSPARENCY, ACCOUNTABILITY AND ANTI4 KLEPTOCRACY

5 SEC. 7073. (a) UNITED NATIONS.— 

6 (1) The Secretary of State, following consulta7 tion with the Committees on Appropriations, may 

8 withhold from obligation funds appropriated under 

9 the heading ‘‘International Organizations and Pro10 grams’’ for a United States contribution to a United 

11 Nations organization or agency if the Secretary de12 termines that such organization or agency is not 

13 taking adequate steps to increase transparency and 

14 accountability. 

15 (2) Not later than 45 days after enactment of 

16 this Act, the Secretary of State shall submit a report 

17 to the Committees on Appropriations detailing steps 

18 taken by the Global Fund to Fight AIDS, Tuber19 culosis, and Malaria (the Global Fund) to: 

20 (A) maintain and adopt, as necessary, poli21 cies and practices to ensure transparency of ex22 penditures, including the authority of the Glob23 al Fund Office of Inspector General (OIG) to 

24 publish OIG reports on a public Web site with25 out restriction; 
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1 (B) ensure that the OIG has the necessary 

2 staff, budget, independence, and authority to 

3 perform functions consistent with its mandate, 

4 Charter and Terms of Reference, such as pro5 grammatic audits and evaluations, financial au6 dits, and investigations of alleged misuse, mis7 appropriation and fraud involving any Global 

8 Fund grant resources; and 

9 (C) ensure that the Inspector General re10 ports directly to the Global Fund Board with11 out interference. 

12 (3) Of the funds appropriated under the head13 ing ‘‘Contributions for International Peacekeeping 

14 Activities’’ in this Act, 10 percent should not be obli15 gated until the Secretary of State reports to the 

16 Committees on Appropriations that the United Na17 tions Secretariat and the governments of countries 

18 providing troops for peacekeeping missions have pro19 cedures and agreements to ensure that allegations of 

20 sexual abuse or other serious crimes by peacekeeping 

21 troops will be credibly and thoroughly investigated 

22 and the perpetrators brought to justice, and that in23 formation about such cases will be made publicly 

24 available and regularly updated in the country where 
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1 the alleged crime occurred and on the United Na2 tions’ Web site. 

3 (4) Of the funds appropriated under title I of 

4 this Act that are available for payments to the reg5 ular budgets of the United Nations and the Organi6 zation of American States, and of the funds appro7 priated under the heading ‘‘International Organiza8 tions and Programs’’ in this Act that are available 

9 for contributions to United Nations agencies, 10 

10 percent should not be obligated for any such organi11 zation until the Secretary of State reports to the 

12 Committees on Appropriations that the organization 

13 is implementing effective practices to protect whistle14 blowers (including the organization’s employees and 

15 others affected by the organization’s operations) 

16 from retaliation for internal and lawful public disclo17 sures, including— 

18 (A) best practices for legal burdens of 

19 proof; 

20 (B) access to independent adjudicative 

21 bodies, including external arbitration based on 

22 consensus selection and shared costs; 

23 (C) results that eliminate the effects of 

24 proven retaliation; 
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1 (D) a minimum of a 6-month statute of 

2 limitations for reporting retaliation; and 

3 (E) the option of making external disclo4 sures in certain instances, in accordance with 

5 standards adopted by the United Nations Sec6 retariat on December 19, 2005. 

7 (5) Of the funds appropriated under the head8 ing ‘‘International Organizations and Programs’’ in 

9 this Act that are available for a contribution to the 

10 United Nations Development Program (UNDP), 10 

11 percent should not be obligated until the Secretary 

12 of State reports to the Committees on Appropria13 tions that the UNDP’s management is taking the 

14 necessary steps to demonstrate UNDP’s commit15 ment to make all audit, oversight, and financial in16 formation publicly available as soon as possible, and 

17 to put in place procedures for publicly reporting on 

18 the results of UNDP programs worldwide. 

19 (6) Notwithstanding any other provision of law, 

20 the Secretary of State should suspend United States 

21 participation in the United Nations Human Rights 

22 Council (the Council) unless the Secretary deter23 mines and reports to the Committees on Appropria24 tions that continued participation in the Council is 

25 in the national interests of the United States. 
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1 (b) INTERNATIONAL MONETARY FUND.— 

2 (1) The terms and conditions of section 

3 7086(b)(1) and (2) of division F of Public Law 111– 

4 117 shall apply to this Act. 

5 (2) The Secretary of the Treasury shall instruct 

6 the United States Executive Director of the Inter7 national Monetary Fund (IMF) to seek to ensure 

8 that any loan will be repaid to the IMF before other 

9 private creditors. 

10 (3) The Secretary of the Treasury shall seek to 

11 ensure that the IMF has adopted and is imple12 menting effective practices to protect whistleblowers 

13 (including the IMF’s employees, contract employees, 

14 consultants, staff of the Board of Executive Direc15 tors, and others affected by the IMF’s operations) 

16 from retaliation for internal and lawful public disclo17 sures, including— 

18 (A) best practices for legal burdens of 

19 proof; 

20 (B) access to independent adjudicative 

21 bodies, including external arbitration based on 

22 consensus selection and shared costs; 

23 (C) results that eliminate the effects of 

24 proven retaliation; and 
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1 (D) a minimum of a 6-month statute of 

2 limitations for reporting retaliation. 

3 (c) NATIONAL BUDGET AND CONTRACT TRANS4 PARENCY.— 

5 (1) LIMITATION ON FUNDING.—None of the 

6 funds appropriated under titles III and IV of this 

7 Act may be made available to the central govern8 ment of any country that does not meet minimum 

9 standards of fiscal transparency: Provided, That the 

10 Secretary of State shall develop ‘‘minimum stand11 ards of fiscal transparency’’ to be updated and 

12 strengthened, as appropriate, to reflect best prac13 tices: Provided further, That the Secretary shall 

14 make an annual determination of ‘‘progress’’ or ‘‘no 

15 progress’’ for countries that do not meet minimum 

16 standards of fiscal transparency and make those de17 terminations publicly available on an annual ‘‘Fiscal 

18 Transparency Report’’. 

19 (2) MINIMUM STANDARDS OF FISCAL TRANS20 PARENCY.—For the purposes of paragraph (1), 

21 ‘‘minimum standards of fiscal transparency’’ shall 

22 include standards for the public disclosure of budget 

23 documentation, including receipts and expenditures 

24 by ministry, and government contracts and licenses 
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1 for natural resource extraction, to include bidding 

2 and concession allocation practices. 

3 (3) WAIVER.—The Secretary of State may 

4 waive the limitation on funding in paragraph (1) on 

5 a country-by-country basis if the Secretary reports 

6 to the Committees on Appropriations that the waiver 

7 is important to the national interests of the United 

8 States: Provided, That such waiver shall identify any 

9 steps taken by the government of the country to 

10 publicly disclose its national budget and contracts 

11 which are additional to those which were undertaken 

12 in previous fiscal years, include specific rec13 ommendations of short and long-term steps such 

14 government can take to improve budget trans15 parency, and identify benchmarks for measuring 

16 progress. 

17 (4) ASSISTANCE.—Of the funds appropriated 

18 under title III of this Act, not less than $5,000,000 

19 should be made available for programs and activities 

20 to assist the central governments of countries named 

21 in the list required by paragraph (1) to improve 

22 budget transparency or to support civil society orga23 nizations in such countries that promote budget 

24 transparency: Provided, That such sums shall be in 
225 

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1 addition to funds otherwise made available for such 

2 purposes. 

3 (d) ANTI-KLEPTOCRACY.— 

4 (1) Officials of foreign governments and their 

5 immediate family members who the Secretary of 

6 State has credible information have been involved in 

7 significant corruption, including corruption related 

8 to the extraction of natural resources, shall be ineli9 gible for entry into the United States. 

10 (2) Individuals shall not be ineligible if entry 

11 into the United States would further important 

12 United States law enforcement objectives or is nec13 essary to permit the United States to fulfill its obli14 gations under the United Nations Headquarters 

15 Agreement: Provided, That nothing in this provision 

16 shall be construed to derogate from United States 

17 Government obligations under applicable inter18 national agreements. 

19 (3) The Secretary may waive the application of 

20 paragraph (1) if the Secretary determines that the 

21 waiver would serve a compelling national interest or 

22 that the circumstances which caused the individual 

23 to be ineligible have changed sufficiently. 

24 (4) Not later than 90 days after enactment of 

25 this Act and 180 days thereafter, the Secretary of 
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1 State shall submit a report, in classified form if nec2 essary, to the Committees on Appropriations describ3 ing the information regarding corruption concerning 

4 each of the individuals found ineligible pursuant to 

5 paragraph (1), a list of any waivers provided under 

6 subsection (3), and the justification for each waiver. 

7 DISABILITY PROGRAMS

8 SEC. 7074. (a) Of the funds appropriated by this Act 

9 under the heading ‘‘Economic Support Fund’’, not less 

10 than $5,000,000 shall be made available for programs and 

11 activities administered by the United States Agency for 

12 International Development (USAID) to address the needs 

13 and protect and promote the rights of people with disabil14 ities in developing countries, including initiatives that 

15 focus on independent living, economic self-sufficiency, ad16 vocacy, education, employment, transportation, sports, 

17 and integration of individuals with disabilities, including 

18 for the cost of translation, of which up to $1,000,000 shall 

19 be made available to support disability advocacy organiza20 tions to provide training and technical assistance for dis21 abled persons organizations in such countries. 

22 (b) Funds appropriated under the heading ‘‘Oper23 ating Expenses’’ in title II of this Act shall be made avail24 able to develop and implement training for staff in over25 seas USAID missions to promote the full inclusion and 
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1 equal participation of people with disabilities in developing 

2 countries. 

3 (c) The Secretary of State, the Secretary of the 

4 Treasury, and the USAID Administrator shall seek to en5 sure that, where practicable, construction projects funded 

6 by this Act are accessible to people with disabilities and 

7 in compliance with the USAID Policy on Standards for 

8 Accessibility for the Disabled, or other similar accessibility 

9 standards. 

10 (d) Of the funds made available pursuant to sub11 section (a), not more than 7 percent may be for manage12 ment, oversight, and technical support. 

13 BUYING POWER MAINTENANCE, INTERNATIONAL

14 ORGANIZATIONS

15 SEC. 7075. (a) There may be established in the 

16 Treasury of the United States a ‘‘Buying Power Mainte17 nance, International Organizations’’ account. 

18 (b) At the end of each fiscal year, the Secretary of 

19 State may transfer to, and merge with, ‘‘Buying Power 

20 Maintenance, International Organizations’’ such amounts 

21 from ‘‘Contributions to International Organizations’’ as 

22 the Secretary determines are in excess of the needs of ac23 tivities funded from ‘‘Contributions to International Orga24 nizations’’ because of fluctuations in foreign currency ex25 change rates. 
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1 (c) In order to offset adverse fluctuations in foreign 

2 currency exchange rates, the Secretary of State may 

3 transfer to, and merge with, ‘‘Contributions to Inter4 national Organizations’’ such amounts from ‘‘Buying 

5 Power Maintenance, International Organizations’’ as the 

6 Secretary determines are necessary to provide for the ac7 tivities funded from ‘‘Contributions to International Orga8 nizations’’. 

9 (d)(1) Subject to the limitations contained in this sec10 tion, not later than the end of the fifth fiscal year after 

11 the fiscal year for which funds are appropriated or other12 wise made available for ‘‘Contributions to International 

13 Organizations’’, the Secretary of State may transfer any 

14 unobligated balance of such funds to the ‘‘Buying Power 

15 Maintenance, International Organizations’’ account. 

16 (2) The balance of the Buying Power Maintenance, 

17 International Organizations account may not exceed 

18 $50,000,000 as a result of any transfer under this sub19 section. 

20 (3) Any transfer pursuant to this subsection shall be 

21 treated as a reprogramming of funds under section 34 of 

22 the State Department Basic Authorities Act of 1956 (22 

23 U.S.C. 2706) and shall be available for obligation or ex24 penditure only in accordance with the procedures under 

25 such section. 
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1 (e)(1) Funds transferred to the ‘‘Buying Power 

2 Maintenance, International Organizations’’ account pur3 suant to this section shall remain available until expended. 

4 (2) The transfer authorities in this section shall be 

5 available for funds appropriated for fiscal year 2012 and 

6 for each fiscal year thereafter, and are in addition to any 

7 transfer authority otherwise available to the Department 

8 of State under other provisions of law. 

9 PROHIBITION ON FIRST-CLASS TRAVEL

10 SEC. 7076. None of the funds made available in this 

11 Act may be used for first-class travel by employees of 

12 agencies funded by this Act in contravention of sections 

13 301–10.122 through 301–10.124 of title 41, Code of Fed14 eral Regulations. 

15 MILLENNIUM CHALLENGE CORPORATION COMPACTS

16 SEC. 7077. (a) EXTENSION OF COMPACTS.—Section 

17 609(j) of the Millennium Challenge Act of 2003 (22 

18 U.S.C. 7708(j)) is amended to read as follows: 

19 ‘‘(j) EXTENSION OF COMPACT.— 

20 ‘‘(1) IN GENERAL.—Except as provided under 

21 paragraph (2), the duration of a Compact shall not 

22 exceed 5 years. 

23 ‘‘(2) EXCEPTION.—The duration of a Compact 

24 may be extended beyond 5 years if the Board— 
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1 ‘‘(A) determines that a project included in 

2 the Compact cannot be completed within 5 

3 years; and 

4 ‘‘(B) approves an extension of the Compact 

5 that does not extend the total duration of the 

6 Compact beyond 7 years. 

7 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not 

8 later than 15 days before the date on which the 

9 Board is scheduled to vote on the extension of a 

10 Compact beyond 5 years pursuant to paragraph (2), 

11 the Board, acting through the Chief Executive Offi12 cer, shall— 

13 ‘‘(A) notify the Committees on Appropria14 tions, the Committee on Foreign Relations of 

15 the Senate and the Committee on Foreign Af16 fairs of the House of Representatives, of its in17 tent to approve such extension; and 

18 ‘‘(B) provide such committees with a de19 tailed explanation for the determination and ap20 proval described in paragraph (2).’’. 

21 (b) CONCURRENT AND SUBSEQUENT COMPACTS.— 

22 Section 609(k) of such Act (22 U.S.C. 7708(k)) is amend23 ed to read as follows: 

24 ‘‘(k) CONCURRENT AND SUBSEQUENT COMPACTS.— 
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1 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

2 and in accordance with the requirements of this 

3 title, an eligible country and the United States may 

4 enter into and have in effect concurrent and/or sub5 sequent Compacts. 

6 ‘‘(2) REQUIREMENTS.—An eligible country and 

7 the United States may enter into concurrent or sub8 sequent Compacts if the Board determines that such 

9 country— 

10 ‘‘(A) is making significant, consistent 

11 progress in implementing the terms of its exist12 ing Compact(s) and supplementary agreements 

13 to such Compact(s); and 

14 ‘‘(B) will contribute, in the case of a Low 

15 Income Country as defined in section 606(a), 

16 not less than a 7.5 percent contribution of the 

17 total amount agreed upon for a subsequent 

18 Compact, or in the case of a Lower Middle In19 come Country (LMIC) as defined in section 

20 606(b), a 15 percent contribution for a subse21 quent Compact. 

22 ‘‘(3) FUNDING.—Millennium Challenge Cor23 poration (MCC) shall commit any funding for a con24 current Compact at the time it funds the Compact. 
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1 ‘‘(4) TIMING.—A concurrent Compact shall be 

2 signed not later than 2 years after the signing of the 

3 earlier compact. 

4 ‘‘(5) LIMITATION ON COMPACTS.—The MCC 

5 shall provide no more than 15 years of compact 

6 funding to any country.’’. 

7 (c) APPLICABILITY.—The amendments made by sub8 section (a) shall apply with respect to Compacts entered 

9 into between the United States and an eligible country 

10 under the Millennium Challenge Act of 2003 (22 U.S.C. 

11 7701 et seq.) before, on or after enactment of this Act, 

12 and those made by subsection (b) shall apply prospectively 

13 to new compacts. 

14 (d) MAINTAINING CANDIDATE STATUS FOR PUR15 POSES OF INCOME CATEGORY.—Section 606 of the Mil16 lennium Challenge Act of 2003 (22 U.S.C. 7705) is 

17 amended as follows: 

18 (1) Section (a)(1) is amended by striking the 

19 words ‘‘Fiscal year 2004’’ and inserting ‘‘In 

20 general’’, and by striking the words ‘‘for fiscal 

21 year 2004’’ and inserting ‘‘for a fiscal year’’. 

22 (2) Section (a)(1)(A) is stricken and replaced 

23 with the following: ‘‘The country has a per capita in24 come equal to or below the World Bank’s lower mid25 dle income country threshold for the fiscal year in-
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1 volved and is among the 75 lowest per capita income 

2 countries as identified by the World Bank; and’’; 

3 (3) Section (a)(2) is stricken. 

4 (4) Section (b)(1)(A) is stricken and replaced 

5 with the following: ‘‘has a per capita income equal 

6 to or below the World Bank’s lower middle income 

7 country threshold for the fiscal year involved and is 

8 not among the 75 lowest per capita income countries 

9 as identified by the World Bank; and’’. 

10 (e) Section 606 is amended by inserting the fol11 lowing— 

12 ‘‘(d) INCOME CLASSIFICATION TRANSITION.—Any 

13 country with a per capita income that changes in a given 

14 fiscal year such that the country would be reclassified in 

15 that fiscal year from a low income country to a lower mid16 dle income country or from a lower middle income country 

17 to a low income country shall retain its candidacy status 

18 in its former income classification for the fiscal year of 

19 the country’s transition and the two subsequent fiscal 

20 years.’’. 

21 INSPECTORS GENERAL PERSONNEL

22 SEC. 7078. (a)(1) The provisions in this section shall 

23 apply to the Inspector General of the Department of State 

24 and the Inspector General of the United States Agency 

25 for International Development (USAID). 
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1 (2) The term ‘‘Government Employee’’ has the mean2 ing given the term employee in section 2105 of title 5, 

3 United States Code. 

4 (3) The Inspector General may waive any of the fol5 lowing provisions to employ annuitants (individuals who 

6 are entitled to benefits under a retirement system for Gov7 ernment employees): subsections (a) through (d) of section 

8 8344 of title 5, United States Code; subsections (a), (b) 

9 and (e) of section 8468 of title 5, United States Code; 

10 subsections (a) through (d) of section 824 of the Foreign 

11 Service Act of 1980 (22 U.S.C. 4064); and any other simi12 lar provision of law, as identified by the Inspector General 

13 in regulations: Provided, That the Inspector General may 

14 exercise this authority: only on a case-by-case basis and 

15 only for so long as is necessary; when necessary due to 

16 exceptional difficulty in the recruitment or retention of a 

17 qualified employee for the position involved or a temporary 

18 emergency hiring need; as long as it does not cause the 

19 number of employees within the Office of Inspector Gen20 eral (OIG) employed under this or other similar authority 

21 to exceed, as of any given date, 15 percent of the total 

22 OIG workforce, determined on a full-time equivalent basis; 

23 and this authority is repealed on October 1, 2014, except 

24 that an annuitant re-employed pursuant to the waiver in 
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1 this section before October 1, 2014, may continue such 

2 employment until not later than September 30, 2015. 

3 (4) Nothing in this section may be construed to per4 mit or require that any re-employed annuitant benefitting 

5 from a waiver of a provision of law set forth in this section 

6 be treated as a Government employee for purposes of the 

7 retirement system to which such provision relates. 

8 (5) The Inspector General is authorized to obtain 

9 services under section 3109 of title 5, United States Code, 

10 without regard to subsections (d)(1) of such section, and 

11 is considered the head of the agency under subsection (b) 

12 of such section for purposes of exercising this authority. 

13 (A) Services may be obtained by the Inspector 

14 General for a period of up to 1 year, with an option 

15 to extend such services for an additional 2 years, 

16 and that the total number of individuals employed 

17 under this section shall not exceed 15 percent of the 

18 total Department of State OIG workforce or 5 per19 cent of the total USAID OIG workforce, determined 

20 on a full-time equivalent basis. 

21 (B) The authority to obtain such services shall 

22 expire on September 30, 2014 except that an indi23 vidual whose service under this subsection is pro24 cured before October 1, 2014, may continue to pro-
236 

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1 vide such service until not later than September 30, 

2 2015. 

3 (b) Section 209 of the Foreign Service Act of 1980 

4 (22 U.S.C. 3929) is amended by: 

5 (1) striking paragraph (5) in subsection (c); 

6 and 

7 (2) in subsection (d)(2)— 

8 (A) adding ‘‘and’’ at the end of subpara9 graph (D) 

10 (B) striking ‘‘; and’’ and inserting a period 

11 at the end of subparagraph (E); and 

12 (C) striking subparagraph (F). 

13 CONSULAR AFFAIRS PILOT PROGRAMS

14 SEC. 7079. (a) TOURIST VISA SERVICES PILOT PRO15 GRAM.— 

16 (1)(A) The Secretary of State shall implement 

17 the necessary steps, including hiring a sufficient 

18 number of consular officers which may include lim19 ited non-career appointment officers, in the People’s 

20 Republic of China, Brazil, and India to meet the De21 partment of State’s standard of interviewing all 

22 tourist visa applicants within 30 days of the date of 

23 submitting their application. 

24 (B) The Secretary of State shall also conduct a 

25 risk and benefit analysis regarding the extension of 
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1 the expiration period for B–1 or B–2 visas for citi2 zens of the People’s Republic of China from 1 year 

3 to 2 years before requiring consular officers to re4 interview a visa applicant. 

5 (2) Not later than 90 days after enactment of 

6 this Act, the Secretary shall submit a report to the 

7 Committees on Appropriations on Consular Affairs 

8 programs in the People’s Republic of China, Brazil, 

9 and India including steps the Department of State 

10 has taken in these countries to meet the State De11 partment’s visa processing standards; a 5-year fore12 cast of non-immigrant visas for each of these coun13 tries and the number of consular officers necessary 

14 to meet the State Department’s standards; a com15 parison of the Department of State’s 5-year forecast 

16 with the Commerce Department’s 5-year visitor ar17 rival projections; and the impact of the different pro18 jections on visa process times and required number 

19 of consular officers. 

20 (b) VIDEO CONFERENCE PILOT PROGRAM.— 

21 (1) The Secretary of State may develop and 

22 conduct a pilot program for the processing of B–1 

23 and B–2 visas using secure remote videoconferencing 

24 technology as a method for conducting visa inter25 views of applicants, and in consultation with other 
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1 Federal agencies that use such secure communica2 tions to help ensure security of the videoconferencing 

3 transmission and encryption. 

4 (2) Not later than 90 days after the end of 

5 such a pilot program, the Secretary shall submit a 

6 report to the Committees on Appropriations detail7 ing the results of such program including an assess8 ment of the efficacy, efficiency, and security of the 

9 remote videoconferencing technology as a method for 

10 conducting visa interviews of applicants and rec11 ommendations for whether it should be continued, 

12 broadened, or modified. 

13 (3) No pilot program should be conducted if the 

14 Secretary determines and reports to the Committees 

15 on Appropriations that such program poses an 

16 undue security risk and that it cannot be conducted 

17 in a manner consistent with maintaining security 

18 controls. 

19 WORKING CAPITAL FUND

20 SEC. 7080. (a) The Administrator of the United 

21 States Agency for International Development (the Admin22 istrator) is authorized to establish a Working Capital 

23 Fund (in this section referred to as the ‘‘Fund’’). 

24 (b) Funds deposited in the Fund during any fiscal 

25 year shall be available without fiscal year limitation and 
239 

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1 used, in addition to other funds available for such pur2 poses, for agency procurement reform efforts and related 

3 administrative costs: Provided, That such expenses may 

4 include— 

5 (1) personal and non-personal services; 

6 (2) training; 

7 (3) supplies; and 

8 (4) other administrative costs related to the im9 plementation of procurement reform and manage10 ment of the Fund. 

11 (c) There may be deposited during any fiscal year in 

12 the Fund up to 1 percent of the total value of obligations 

13 entered into by the United States Agency for International 

14 Development (USAID) from appropriations available to 

15 USAID and any appropriation made available for the pur16 pose of providing capital: Provided, That receipts from the 

17 disposal of, or repayments for the loss or damage to, prop18 erty held in the Fund, rebates, reimbursements, refunds 

19 and other credits applicable to the operation of the Fund 

20 may be deposited into the Fund. 

21 (d) Not later than 45 days after enactment of this 

22 Act and any subsequent Act making appropriations for the 

23 Department of State, foreign operations, and related pro24 grams, the Administrator shall submit to the Committees 

25 on Appropriations an operating plan for funds deposited 
240 

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1 in the Fund, which shall include the percentage to be 

2 charged for the current fiscal year. 

3 (e) At the close of fiscal year 2013 and at the close 

4 of each fiscal year thereafter, the Administrator shall de5 termine the amounts in excess of the needs of the Fund 

6 for that fiscal year and shall transfer out of the Fund any 

7 excess amounts to any of the original appropriation ac8 counts from which deposits were made: Provided, That 

9 such transferred funds shall remain available without fis10 cal year limitation: Provided further, That the Adminis11 trator shall report to the Committees on Appropriation the 

12 excess amounts and to which appropriation accounts the 

13 excess funds will be transferred: Provided further, That 

14 such transfers shall be subject to the regular notification 

15 procedures of the Committees on Appropriations. 

16 PROCUREMENT REFORM

17 SEC. 7081. (a) LOCAL COMPETITION.—Notwith18 standing any other provision of law, the Administrator of 

19 the United States Agency for International Development 

20 (the Administrator) may, with funds made available in 

21 this Act and prior Acts making appropriations for the De22 partment of State, foreign operations, and related pro23 grams, award contracts and other instruments in which 

24 competition is limited to local entities if doing so would 

25 result in cost savings, develop local capacity, or enable the 
241 

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1 Administrator to initiate a program or activity in appre2 ciably less time than if competition were not so limited: 

3 Provided, That the authority provided in this section may 

4 not be used to make awards in excess of $5,000,000. 

5 (b) For the purposes of this section, local entity 

6 means an individual, a corporation, or another body of 

7 persons located in or having as its principal place of busi8 ness or operations in a country receiving assistance from 

9 funds appropriated in title III of this Act. 

10 OPERATING AND SPEND PLANS

11 SEC. 7082. (a) OPERATING PLANS.—Not later than 

12 45 days after the date of enactment of this Act, each de13 partment, agency or organization funded in titles I and 

14 II, and the Department of the Treasury and Independent 

15 Agencies funded in title III of this Act shall submit to 

16 the Committees on Appropriations an operating plan for 

17 funds appropriated to such department, agency, or organi18 zation in such titles of this Act, or funds otherwise avail19 able for obligation in fiscal year 2012, that provides de20 tails of the use of such funds at the program, project, and 

21 activity level. 

22 (b) SPEND PLANS.—Prior to the initial obligation of 

23 funds, the Secretary of State, in consultation with the Ad24 ministrator of the United States Agency for International 

25 Development, shall submit to the Committees on Appro-
242 

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1 priations a detailed spend plan, which shall include achiev2 able and sustainable goals, benchmarks for measuring 

3 progress, and expected results, for the following— 

4 (1) funds appropriated under the heading ‘‘De5 mocracy Fund’’; 

6 (2) funds made available in titles III and IV of 

7 this Act for assistance for Afghanistan, Pakistan, 

8 Iraq, Haiti, Colombia, and Mexico, for the Carib9 bean Basin Security Initiative, and the Central 

10 American Regional Security Initiative; and 

11 (3) funds appropriated in title III for food secu12 rity and agriculture development programs and for 

13 climate change and environment programs. 

14 (c) NOTIFICATIONS.—The spend plans referenced in 

15 subsection (b) shall not be considered as meeting the noti16 fication requirements under section 7015 of this Act or 

17 under section 634A of the Foreign Assistance Act of 1961. 

18 AUTHORITY FOR CAPITAL INCREASES

19 SEC. 7083. (a) INTERNATIONAL BANK FOR RECON20 STRUCTION AND DEVELOPMENT.—The Bretton Woods 

21 Agreements Act, as amended (22 U.S.C. 286 et seq.), is 

22 further amended by adding at the end thereof the fol23 lowing new sections: 
243 

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1 ‘‘SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTI2 CLES OF AGREEMENT OF THE BANK TO IN3 CREASE BASIC VOTES. 

4 ‘‘The United States Governor of the Bank may accept 

5 on behalf of the United States the amendment to the Arti6 cles of Agreement of the Bank as proposed in resolution 

7 No. 596, entitled ‘Enhancing Voice and Participation of 

8 Developing and Transition Countries,’ of the Board of 

9 Governors of the Bank that was approved by such Board 

10 on January 30, 2009. 

11 ‘‘SEC. 70. CAPITAL STOCK INCREASES. 

12 ‘‘(a) INCREASES AUTHORIZED.—The United States 

13 Governor of the Bank is authorized— 

14 ‘‘(1)(A) to vote in favor of a resolution to in15 crease the capital stock of the Bank on a selective 

16 basis by 230,374 shares; and 

17 ‘‘(B) to subscribe on behalf of the United 

18 States to 38,459 additional shares of the capital 

19 stock of the Bank, as part of the selective increase 

20 in the capital stock of the Bank, except that any 

21 subscription to such additional shares shall be effec22 tive only to such extent or in such amounts as are 

23 provided in advance in appropriations Acts; 

24 ‘‘(2)(A) to vote in favor of a resolution to in25 crease the capital stock of the Bank on a general 

26 basis by 484,102 shares; and 
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1 ‘‘(B) to subscribe on behalf of the United 

2 States to 81,074 additional shares of the capital 

3 stock of the Bank, as part of the general increase 

4 in the capital stock of the Bank, except that any 

5 subscription to such additional shares shall be effec6 tive only to such extent or in such amounts as are 

7 provided in advance in appropriations Acts. 

8 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO9 PRIATIONS.— 

10 ‘‘(1) In order to pay for the increase in the 

11 United States subscription to the Bank under sub12 section (a)(2)(B), there are authorized to be appro13 priated, without fiscal year limitation, 

14 $9,780,361,991 for payment by the Secretary of the 

15 Treasury. 

16 ‘‘(2) Of the amount authorized to be appro17 priated under paragraph (2)(A)— 

18 ‘‘(A) $586,821,720 shall be for paid in 

19 shares of the Bank; and 

20 ‘‘(B) $9,193,540,271 shall be for callable 

21 shares of the Bank.’’. 

22 (b) INTERNATIONAL FINANCE CORPORATION.—The 

23 International Finance Corporation Act, Public Law 84– 

24 350, as amended (22 U.S.C. 282 et seq.), is further 
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1 amended by adding at the end thereof the following new 

2 section: 

3 ‘‘SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT 

4 OF THE ARTICLES OF AGREEMENT. 

5 ‘‘(a) VOTE AUTHORIZED.—The United States Gov6 ernor of the Corporation is authorized to vote in favor of 

7 a resolution to increase the capital stock of the Corpora8 tion by $130,000,000. 

9 ‘‘(b) AMENDMENT OF THE ARTICLES OF AGREE10 MENT.—The United States Governor of the Corporation 

11 is authorized to agree to and accept an amendment to Ar12 ticle IV, Section 3(a) of the Articles of Agreement of the 

13 Corporation that achieves an increase in basic votes to 

14 5.55 percent of total votes.’’. 

15 (c) INTER-AMERICAN DEVELOPMENT BANK.—The 

16 Inter-American Development Bank Act, Public Law 86– 

17 147, as amended (22 U.S.C. 283 et seq.), is further 

18 amended by adding at the end thereof the following new 

19 section: 

20 ‘‘SEC. 41. NINTH CAPITAL INCREASE. 

21 ‘‘(a) VOTE AUTHORIZED.—The United States Gov22 ernor of the Bank is authorized to vote in favor of a reso23 lution to increase the capital stock of the Bank by 

24 $70,000,000,000 as described in Resolution AG–7/10, 

25 ‘Report on the Ninth General Capital Increase in the re-
246 

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1 sources of the Inter-American Development Bank’ as ap2 proved by Governors on July 21, 2010. 

3 ‘‘(b) SUBSCRIPTION AUTHORIZED.— 

4 ‘‘(1) The United States Governor of the Bank 

5 may subscribe on behalf of the United States to 

6 1,741,135 additional shares of the capital stock of 

7 the Bank. 

8 ‘‘(2) Any subscription by the United States to 

9 the capital stock of the Bank shall be effective only 

10 to such extent and in such amounts as are provided 

11 in advance in appropriations Acts. 

12 ‘‘(c) LIMITATIONS ON AUTHORIZATION OF APPRO13 PRIATIONS.— 

14 ‘‘(1) In order to pay for the increase in the 

15 United States subscription to the Bank under sub16 section (b), there are authorized to be appropriated, 

17 without fiscal year limitation, $21,004,064,337 for 

18 payment by the Secretary of the Treasury. 

19 ‘‘(2) Of the amount authorized to be appro20 priated under paragraph (1)— 

21 ‘‘(A) $510,090,175 shall be for paid in 

22 shares of the Bank; and 

23 ‘‘(B) $20,493,974,162 shall be for callable 

24 shares of the Bank.’’. 
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1 (d) AFRICAN DEVELOPMENT BANK.—The African 

2 Development Bank Act, Public Law 97–35, as amended 

3 (22 U.S.C. 290i et seq.), is further amended by adding 

4 at the end thereof the following new section: 

5 ‘‘SEC. 1344. SIXTH CAPITAL INCREASE. 

6 ‘‘(a) SUBSCRIPTION AUTHORIZED.— 

7 ‘‘(1) The United States Governor of the Bank 

8 may subscribe on behalf of the United States to 

9 289,391 additional shares of the capital stock of the 

10 Bank. 

11 ‘‘(2) Any subscription by the United States to 

12 the capital stock of the Bank shall be effective only 

13 to such extent and in such amounts as are provided 

14 in advance in appropriations Acts. 

15 ‘‘(b) LIMITATIONS ON AUTHORIZATION OF APPRO16 PRIATIONS.— 

17 ‘‘(1) In order to pay for the increase in the 

18 United States subscription to the Bank under sub19 section (a), there are authorized to be appropriated, 

20 without fiscal year limitation, $4,322,228,221 for 

21 payment by the Secretary of the Treasury. 

22 ‘‘(2) Of the amount authorized to be appro23 priated under paragraph (1)— 

24 ‘‘(A) $259,341,759 shall be for paid in 

25 shares of the Bank; and 
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1 ‘‘(B) $4,062,886,462 shall be for callable 

2 shares of the Bank.’’. 

3 (e) EUROPEAN BANK FOR RECONSTRUCTION AND

4 DEVELOPMENT.—The European Bank for Reconstruction 

5 and Development Act, Section 562(c) of Public Law 101– 

6 513, as amended (22 U.S.C. 290l et seq.), is further 

7 amended by adding at the end thereof the following new 

8 paragraph: 

9 ‘‘(12) CAPITAL INCREASE.— 

10 ‘‘(A) SUBSCRIPTION AUTHORIZED.— 

11 ‘‘(i) The United States Governor of 

12 the Bank may subscribe on behalf of the 

13 United States up to 90,044 additional call14 able shares of the capital stock of the 

15 Bank in accordance with Resolution No. 

16 128 as adopted by the Board of Governors 

17 of the Bank on May 14, 2010. 

18 ‘‘(ii) Any subscription by the United 

19 States to additional capital stock of the 

20 Bank shall be effective only to such extent 

21 and in such amounts as are provided in 

22 advance in appropriations Acts. 

23 ‘‘(B) LIMITATIONS ON AUTHORIZATION OF

24 APPROPRIATIONS.—In order to pay for the in25 crease in the United States subscription to the 
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1 Bank under subsection (A), there are author2 ized to be appropriated, without fiscal year limi3 tation, up to $1,252,331,952 for payment by 

4 the Secretary of the Treasury.’’. 

5 AUTHORITY FOR REPLENISHMENTS

6 SEC. 7084. (a) INTERNATIONAL DEVELOPMENT AS7 SOCIATION.—The International Development Association 

8 Act, Public Law 86–565, as amended (22 U.S.C. 284 et 

9 seq.), is further amended by adding at the end thereof the 

10 following new sections: 

11 ‘‘SEC. 26. SIXTEENTH REPLENISHMENT. 

12 ‘‘(a) The United States Governor of the International 

13 Development Association is authorized to contribute on 

14 behalf of the United States $4,075,500,000 to the six15 teenth replenishment of the resources of the Association, 

16 subject to obtaining the necessary appropriations. 

17 ‘‘(b) In order to pay for the United States contribu18 tion provided for in subsection (a), there are authorized 

19 to be appropriated, without fiscal year limitation, 

20 $4,075,500,000 for payment by the Secretary of the 

21 Treasury. 

22 ‘‘SEC. 27. MULTILATERAL DEBT RELIEF. 

23 ‘‘(a) The Secretary of the Treasury is authorized to 

24 contribute, on behalf of the United States, not more than 

25 $474,000,000 to the International Development Associa-
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1 tion for the purpose of funding debt relief cost under the 

2 Multilateral Debt Relief Initiative incurred in the period 

3 governed by the sixteenth replenishment of resources of 

4 the International Development Association, subject to ob5 taining the necessary appropriations and without preju6 dice to any funding arrangements in existence on the date 

7 of the enactment of this section. 

8 ‘‘(b) In order to pay for the United States contribu9 tion provided for in subsection (a), there are authorized 

10 to be appropriated, without fiscal year limitation, not more 

11 than $474,000,000 for payment by the Secretary of the 

12 Treasury. 

13 ‘‘(c) In this section, the term ‘Multilateral Debt Re14 lief Initiative’ means the proposal set out in the G8 Fi15 nance Ministers’ Communique ́ entitled ‘Conclusions on 

16 Development’, done at London, June 11, 2005, and re17 affirmed by G8 Heads of State at the Gleneagles Summit 

18 on July 8, 2005.’’. 

19 (b) AFRICAN DEVELOPMENT BANK.—The African 

20 Development Fund Act, Public Law 94–302, as amended 

21 (22 U.S.C. 290g et seq.), is further amended by adding 

22 at the end thereof the following new sections: 

23 ‘‘SEC. 221. TWELFTH REPLENISHMENT. 

24 ‘‘(a) The United States Governor of the Fund is au25 thorized to contribute on behalf of the United States 
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1 $585,000,000 to the twelfth replenishment of the re2 sources of the Fund, subject to obtaining the necessary 

3 appropriations. 

4 ‘‘(b) In order to pay for the United States contribu5 tion provided for in subsection (a), there are authorized 

6 to be appropriated, without fiscal year limitation, 

7 $585,000,000 for payment by the Secretary of the Treas8 ury. 

9 ‘‘SEC. 222. MULTILATERAL DEBT RELIEF. 

10 ‘‘(a) The Secretary of the Treasury is authorized to 

11 contribute, on behalf of the United States, not more than 

12 $60,000,000 to the African Development Fund for the 

13 purpose of funding debt relief costs under the Multilateral 

14 Debt Relief Initiative incurred in the period governed by 

15 the twelfth replenishment of resources of the African De16 velopment Fund, subject to obtaining the necessary appro17 priations and without prejudice to any funding arrange18 ments in existence on the date of the enactment of this 

19 section. 

20 ‘‘(b) In order to pay for the United States contribu21 tion provided for in subsection (a), there are authorized 

22 to be appropriated, without fiscal year limitation, not more 

23 than $60,000,000 for payment by the Secretary of the 

24 Treasury. 
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1 ‘‘(c) In this section, the term ‘Multilateral Debt Re2 lief Initiative’ means the proposal set out in the G8 Fi3 nance Ministers’ Communique ́ entitled ‘Conclusions on 

4 Development’, done at London, June 11, 2005, and re5 affirmed by G8 Heads of State at the Gleneagles Summit 

6 on July 8, 2005.’’. 

7 AUTHORITY FOR THE FUND FOR SPECIAL OPERATIONS

8 SEC. 7085. Up to $36,000,000 of funds appropriated 

9 for the account ‘‘Department of the Treasury, Debt Re10 structuring’’ by the Full-Year Continuing Appropriations 

11 Act, 2011 (Public Law 112–10, Division B) may be made 

12 available for the United States share of an increase in the 

13 resources of the Fund for Special Operations of the Inter14 American Development Bank in furtherance of debt relief 

15 provided to Haiti in view of the Cancun Declaration of 

16 March 21, 2010. 

17 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

18 ORGANIZATIONS

19 SEC. 7086. Part I of the Foreign Assistance Act of 

20 1961 (22 U.S.C. 2151 et seq.) is amended by inserting 

21 after section 104C, the following new section: 

22 ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. 

23 ‘‘Notwithstanding any other provision of law, regula24 tion, or policy, in determining eligibility for assistance au25 thorized under sections 104, 104A, 104B, and 104C— 
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1 ‘‘(1) a foreign nongovernmental organization 

2 shall not be ineligible for such assistance solely on 

3 the basis of health or medical services, including 

4 counseling and referral services, provided by such or5 ganization with non-United States Government 

6 funds if such services are permitted in the country 

7 in which they are being provided and would not vio8 late United States law if provided in the United 

9 States; and 

10 ‘‘(2) a foreign nongovernmental organization 

11 shall not be subject to requirements relating to the 

12 use of non-United States Government funds for ad13 vocacy and lobbying activities other than those that 

14 apply to United States nongovernmental organiza15 tions receiving assistance under this part.’’. 

16 (RESCISSIONS)

17 SEC. 7087. (a) Of the funds appropriated in prior 

18 Acts making appropriations for the Department of State, 

19 foreign operations, and related programs under the head20 ing ‘‘Diplomatic and Consular Programs’’, $13,700,000 

21 are rescinded, of which $8,000,000 shall be from funds 

22 for Worldwide Security Protection: Provided, That no 

23 amounts may be rescinded from amounts that were des24 ignated by Congress as an emergency requirement pursu-
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1 ant to a concurrent resolution on the budget or the Bal2 anced Budget and Emergency Deficit Control Act of 1985. 

3 (b) Of the unexpended balances available under the 

4 heading ‘‘Export and Investment Assistance, Export-Im5 port Bank of the United States, Subsidy Appropriation’’ 

6 from prior Acts making appropriations for the Depart7 ment of State, foreign operations, and related programs, 

8 $300,000,000 are rescinded. 

9 (c) Of the unexpended balances available to the Presi10 dent for bilateral economic assistance under the heading 

11 ‘‘Economic Support Fund’’ from prior Acts making appro12 priations for the Department of State, foreign operations, 

13 and related programs, $150,000,000 are rescinded: Pro14 vided, That no amounts may be rescinded from amounts 

15 that were designated by Congress as an emergency re16 quirement pursuant to a concurrent resolution on the 

17 budget or the Balanced Budget and Emergency Deficit 

18 Control Act of 1985. 

19 (d) The Secretary of State, as appropriate, shall con20 sult with the Committees on Appropriations prior to im21 plementing the rescissions made in this section. 
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1 TITLE VIII 

2 OVERSEAS CONTINGENCY OPERATIONS 

3 DEPARTMENT OF STATE 

4 ADMINISTRATION OF FOREIGN AFFAIRS 

5 DIPLOMATIC AND CONSULAR PROGRAMS

6 (INCLUDING TRANSFER OF FUNDS)

7 For an additional amount for ‘‘Diplomatic and Con8 sular Programs’’, $3,773,701,000, to remain available 

9 until September 30, 2013, of which $236,201,000 is for 

10 Worldwide Security Protection and shall remain available 

11 until expended: Provided, That the Secretary of State may 

12 transfer up to $230,000,000 of the total funds made avail13 able under this heading to any other appropriation of any 

14 department or agency of the United States, upon the con15 currence of the head of such department or agency, to sup16 port operations in and assistance for Afghanistan and to 

17 carry out the provisions of the Foreign Assistance Act of 

18 1961: Provided further, That funds appropriated under 

19 this heading may be made available pursuant to the au20 thority of section 7032(u) of this Act: Provided further, 

21 That each amount in this paragraph is designated by Con22 gress as being for overseas contingency operations pursu23 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

24 and Emergency Deficit Control Act of 1985 (Public Law 

25 99–177), as amended. 
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1 OFFICE OF INSPECTOR GENERAL

2 For an additional amount for ‘‘Office of Inspector 

3 General’’, $63,954,000, to remain available until Sep4 tember 30, 2013, of which $16,317,000 shall be for the 

5 Special Inspector General for Iraq Reconstruction for re6 construction oversight, and $44,387,000 shall be for the 

7 Special Inspector General for Afghanistan Reconstruction 

8 for reconstruction oversight: Provided, That each amount 

9 in this paragraph is designated by Congress as being for 

10 overseas contingency operations pursuant to section 

11 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

12 Deficit Control Act of 1985 (Public Law 99–177), as 

13 amended. 

14 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

15 ACTIVITIES

16 For an additional amount for ‘‘Contributions for 

17 International Peacekeeping Activities’’, $17,900,000, to 

18 remain available until September 30, 2013: Provided, 

19 That this amount is designated by Congress as being for 

20 overseas contingency operations pursuant to section 

21 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

22 Deficit Control Act of 1985 (Public Law 99–177), as 

23 amended. 
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1 UNITED STATES INSTITUTE FOR PEACE

2 For an additional amount for ‘‘United States Insti3 tute for Peace’’, $8,411,000, to remain available until 

4 September 30, 2013: Provided, That this amount is des5 ignated by Congress as being for overseas contingency op6 erations pursuant to section 251(b)(2)(A)(ii) of the Bal7 anced Budget and Emergency Deficit Control Act of 1985 

8 (Public Law 99–177), as amended. 

9 UNITED STATES AGENCY FOR INTERNATIONAL 

10 DEVELOPMENT 

11 FUNDS APPROPRIATED TO THE PRESIDENT

12 OPERATING EXPENSES

13 For an additional amount for ‘‘Operating Expenses’’, 

14 $106,000,000, to remain available until September 30, 

15 2013: Provided, That this amount is designated by Con16 gress as being for overseas contingency operations pursu17 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

18 and Emergency Deficit Control Act of 1985 (Public Law 

19 99–177), as amended. 

20 OFFICE OF INSPECTOR GENERAL

21 For an additional amount for ‘‘Office of Inspector 

22 General’’, $2,000,000, to remain available until September 

23 30, 2013: Provided, That this amount is designated by 

24 Congress as being for overseas contingency operations 

25 pursuant to section 251(b)(2)(A)(ii) of the Balanced 
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1 Budget and Emergency Deficit Control Act of 1985 (Pub2 lic Law 99–177), as amended. 

3 BILATERAL ECONOMIC ASSISTANCE 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 INTERNATIONAL DISASTER ASSISTANCE

6 For an additional amount for ‘‘International Disaster 

7 Assistance’’, $150,000,000, to remain available until Sep8 tember 30, 2013: Provided, That this amount is des9 ignated by Congress as being for overseas contingency op10 erations pursuant to section 251(b)(2)(A)(ii) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985 

12 (Public Law 99–177), as amended. 

13 TRANSITION INITIATIVES

14 For an additional amount for ‘‘Transition Initia15 tives’’, $3,500,000, to remain available until September 

16 30, 2013: Provided, That this amount is designated by 

17 Congress as being for overseas contingency operations 

18 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

19 Budget and Emergency Deficit Control Act of 1985 (Pub20 lic Law 99–177), as amended. 

21 COMPLEX CRISES FUND

22 For an additional amount for ‘‘Complex Crises 

23 Fund’’, $45,000,000, to remain available until September 

24 30, 2013: Provided, That this amount is designated by 

25 Congress as being for overseas contingency operations 
259 

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1 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

2 Budget and Emergency Deficit Control Act of 1985 (Pub3 lic Law 99–177), as amended. 

4 ECONOMIC SUPPORT FUND

5 For an additional amount for ‘‘Economic Support 

6 Fund’’, $1,172,821,000, to remain available until Sep7 tember 30, 2013: Provided, That this amount is des8 ignated by Congress as being for overseas contingency op9 erations pursuant to section 251(b)(2)(A)(ii) of the Bal10 anced Budget and Emergency Deficit Control Act of 1985 

11 (Public Law 99–177), as amended. 

12 MIGRATION AND REFUGEE ASSISTANCE

13 For an additional amount for ‘‘Migration and Ref14 ugee Assistance’’, $100,000,000, to remain available until 

15 September 30, 2013: Provided, That this amount is des16 ignated by Congress as being for overseas contingency op17 erations pursuant to section 251(b)(2)(A)(ii) of the Bal18 anced Budget and Emergency Deficit Control Act of 1985 

19 (Public Law 99–177), as amended. 

20 INTERNATIONAL SECURITY ASSISTANCE 

21 DEPARTMENT OF STATE

22 INTERNATIONAL NARCOTICS CONTROL AND LAW

23 ENFORCEMENT

24 For an additional amount for ‘‘International Nar25 cotics Control and Law Enforcement’’, $1,163,000,000, to 
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1 remain available until September 30, 2013: Provided, 

2 That this amount is designated by Congress as being for 

3 overseas contingency operations pursuant to section 

4 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 

5 Deficit Control Act of 1985 (Public Law 99–177), as 

6 amended. 

7 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

8 RELATED PROGRAMS

9 For an additional amount for ‘‘Nonproliferation, 

10 Anti-terrorism, Demining and Related Programs’’, 

11 $27,500,000, to remain available until September 30, 

12 2013: Provided, That this amount is designated by Con13 gress as being for overseas contingency operations pursu14 ant to section 251(b)(2)(A)(ii) of the Balanced Budget 

15 and Emergency Deficit Control Act of 1985 (Public Law 

16 99–177), as amended. 

17 PEACEKEEPING OPERATIONS

18 For an additional amount for ‘‘Peacekeeping Oper19 ations’’, $30,000,000, to remain available until September 

20 30, 2013: Provided, That this amount is designated by 

21 Congress as being for overseas contingency operations 

22 pursuant to section 251(b)(2)(A)(ii) of the Balanced 

23 Budget and Emergency Deficit Control Act of 1985 (Pub24 lic Law 99–177), as amended. 
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1 FUNDS APPROPRIATED TO THE PRESIDENT

2 FOREIGN MILITARY FINANCING PROGRAM

3 For an additional amount for ‘‘Foreign Military Fi4 nancing Program’’, $989,000,000, to remain available 

5 until September 30, 2013: Provided, That this amount is 

6 designated by Congress as being for overseas contingency 

7 operations pursuant to section 251(b)(2)(A)(ii) of the Bal8 anced Budget and Emergency Deficit Control Act of 1985 

9 (Public Law 99–177), as amended. 

10 PAKISTAN COUNTER-INSURGENCY CAPABILITY FUND

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses to carry out the provisions 

13 of chapter 8 of part I and chapters 2, 5, 6, and 8 of part 

14 II of the Foreign Assistance Act of 1961 and section 23 

15 of the Arms Export Control Act, $1,000,000,000, to re16 main available until September 30, 2012, for the purpose 

17 of providing assistance for Pakistan to build and maintain 

18 the counter-insurgency capability of Pakistani security 

19 forces (including the Frontier Corps), to include program 

20 management, training in civil-military humanitarian as21 sistance, human rights training, and the provision of 

22 equipment, supplies, services, training, and facility and in23 frastructure repair, renovation, and construction: Pro24 vided, That notwithstanding any other provision of law ex25 cept section 620M of the Foreign Assistance Act of 1961, 
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1 as amended by this Act, such funds shall be available to 

2 the Secretary of State, with the concurrence of the Sec3 retary of Defense: Provided further, That such funds may 

4 be transferred by the Secretary of State to the Depart5 ment of Defense or other Federal departments or agencies 

6 to support counter-insurgency operations and may be 

7 merged with, and be available, for the same purposes and 

8 for the same time period as the appropriation or fund to 

9 which transferred or may be transferred pursuant to the 

10 authorities contained in the Foreign Assistance Act of 

11 1961: Provided further, That the Secretary of State shall, 

12 not fewer than 15 days prior to making transfers from 

13 this appropriation, notify the Committees on Appropria14 tions, in writing, of the details of any such transfer: Pro15 vided further, That the Secretary of State shall submit not 

16 later than 30 days after the end of each fiscal quarter 

17 to the Committees on Appropriations a report in writing 

18 summarizing, on a project-by-project basis, the uses of 

19 funds under this heading: Provided further, That upon de20 termination by the Secretary of State, with the concur21 rence of the Secretary of Defense, that all or part of the 

22 funds so transferred from this appropriation are not nec23 essary for the purposes herein, such amounts may be 

24 transferred by the head of the relevant Federal depart25 ment or agency back to this appropriation and shall be 
263 

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1 available for the same purposes and for the same time pe2 riod as originally appropriated: Provided further, That any 

3 required notification or report may be submitted in classi4 fied form: Provided further, That the amount in this para5 graph is designated by Congress as being for overseas con6 tingency operations pursuant to section 251(b)(2)(A)(ii) 

7 of the Balanced Budget and Emergency Deficit Control 

8 Act of 1985 (Public Law 99–177), as amended. 

9 GLOBAL SECURITY CONTINGENCY FUND

10 (INCLUDING TRANSFER OF FUNDS)

11 There is hereby established in the Treasury of the 

12 United States the ‘‘Global Security Contingency Fund’’. 

13 For necessary expenses to carry out the provisions 

14 of the Foreign Assistance Act of 1961 and the Arms Ex15 port Control Act to provide assistance, notwithstanding 

16 any other provision of law except sections 620A and 620M 

17 of the Foreign Assistance Act of 1961, as amended by this 

18 Act, for countries designated by the Secretary of State to 

19 enhance the capabilities of military and police forces, and 

20 other security forces that conduct border and maritime se21 curity, internal security, and counter-terrorism operations, 

22 as well as government agencies responsible for such forces, 

23 and to strengthen democratic institutions including the 

24 justice sector (including corrections) and respect for 

25 human rights and the rule of law, where the Secretary 
264 

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1 of State, in consultation with the Secretary of Defense, 

2 determines that conflict or instability in a country or re3 gion significantly challenges the local capacity to deliver 

4 such assistance, $50,000,000, to remain available until 

5 September 30, 2013: Provided, That such assistance pro6 grams shall be formulated by the Secretary of State in 

7 consultation with the Secretary of Defense: Provided fur8 ther, That programs carried out under this heading shall 

9 be approved by the Secretary of State, in consultation with 

10 the Secretary of Defense, prior to implementation: Pro11 vided further, That the authorities and requirements of the 

12 Foreign Assistance Act of 1961 shall apply to funds made 

13 available under this heading: Provided further, That funds 

14 made available to the Department of Defense in fiscal year 

15 2012 may be transferred to, and merged with, funds ap16 propriated under this heading by the Secretary of Defense: 

17 Provided further, That funds made available under this 

18 heading may be transferred to the most appropriate agen19 cy or account to facilitate the provision of such assistance: 

20 Provided further, That the transfer authorities under this 

21 paragraph are in addition to any other transfer authority 

22 available to the Department of Defense: Provided further, 

23 That the amounts in this account may be used for nec24 essary administrative expenses of the agencies planning 

25 and carrying out programs: Provided further, That the 
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1 head of any agency may detail personnel to the Depart2 ment of State to carry out activities funded under this 

3 heading with or without reimbursement for all or part of 

4 the costs of salaries and other expenses associated with 

5 such personnel: Provided further, that no obligation or 

6 transfer of funds may be made unless the Secretary of 

7 State and the Secretary of Defense have notified the Com8 mittees on Appropriations at least 15 days prior to any 

9 such obligation or transfer: Provided further, That the 

10 amount in this paragraph is designated by Congress as 

11 being for overseas contingency operations pursuant to sec12 tion 251(b)(2)(A)(ii) of the Balanced Budget and Emer13 gency Deficit Control Act of 1985 (Public Law 99–177), 

14 as amended. 

15 GENERAL PROVISIONS 

16 SEC. 8001. Notwithstanding any other provision of 

17 law, funds made available under the heading ‘‘Overseas 

18 Contingency Operations’’ are in addition to amounts ap19 propriated or otherwise made available for the Depart20 ment of State for fiscal year 2012. 

21 SEC. 8002. Unless otherwise provided for in this Act, 

22 additional amounts appropriated under the heading 

23 ‘‘Overseas Contingency Operations’’ to appropriation ac24 counts in this Act shall be available under the authorities 

25 and conditions applicable to such appropriations accounts. 
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1 SEC. 8003. Notwithstanding any other provision of 

2 law except section 620M of the Foreign Assistance Act, 

3 as amended by this Act, funds appropriated by this title 

4 may be transferred to, and merged with, funds appro5 priated by this title under the headings ‘‘Diplomatic and 

6 Consular Programs’’, ‘‘Worldwide Security Protection’’, 

7 ‘‘Office of Inspector General’’, ‘‘Contributions for Inter8 national Peacekeeping Activities’’, ‘‘United States Insti9 tute for Peace’’, ‘‘United States Agency for International 

10 Development, Funds Appropriated to the President, Oper11 ating Expenses’’, ‘‘United States Agency for International 

12 Development, Funds Appropriated to the President, Office 

13 of Inspector General’’, ‘‘International Disaster Assist14 ance’’, ‘‘Transition Initiatives’’, ‘‘Complex Crises Fund’’, 

15 ‘‘Economic Support Fund’’, ‘‘Migration and Refugee As16 sistance’’, ‘‘International Narcotics Control and Law En17 forcement’’, ‘‘Nonproliferation, Anti-terrorism, Demining, 

18 and Related Programs’’, ‘‘Peacekeeping Operations’’, 

19 ‘‘Foreign Military Financing Program’’, ‘‘Pakistan 

20 Counter-insurgency Capability Fund’’, and ‘‘Global Sta21 bility Contingency Fund’’: Provided, That such transfers 

22 shall be subject to the regular notification procedures of 

23 the Committees on Appropriations: Provided further, That 

24 the transfer authority in this section is in addition to any 

25 transfer authority otherwise available under any other pro-
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1 vision of law, including section 610 of the Foreign Assist2 ance Act which may be exercised by the Secretary of State 

3 for the purposes of this title. 

4 This Act may be cited as the ‘‘Department of State, 

5 Foreign Operations, and Related Programs Appropria6 tions Act, 2012’’. 
Calendar No. 179 

112TH CONGRESS 

1ST SESSION S. 1601 

[Report No. 112–85] 

A BILL 

Making appropriations for the Department of 

and for other purposes. for the fiscal year ending September 30, 2012, State, foreign operations, and related programs 

SEPTEMBER 22, 2011 

Read twice and placed on the calendar