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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3241 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 417
112th CONGRESS
  2d Session
                                S. 3241

                          [Report No. 112-172]

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2013, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2012

Mr. Leahy, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2013, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Department of State, foreign operations, and 
related programs for the fiscal year ending September 30, 2013, and for 
other purposes, namely:

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For necessary expenses of the Department of State and the Foreign 
Service not otherwise provided for, $7,437,468,000, of which up to 
$1,428,468,000 is for Worldwide Security Protection (to remain 
available until expended):  Provided, That funds made available under 
this heading shall be allocated as follows:
            (1) Human resources.--For necessary expenses for training, 
        human resources management, and salaries, including employment 
        without regard to civil service and classification laws of 
        persons on a temporary basis (not to exceed $700,000), as 
        authorized by section 801 of the United States Information and 
        Educational Exchange Act of 1948, $2,448,702,000, to remain 
        available until September 30, 2014, of which not less than 
        $132,311,000 shall be available only for public diplomacy 
        American salaries, and up to $218,110,000 is for Worldwide 
        Security Protection and shall remain available until expended.
            (2) Overseas programs.--For necessary expenses for the 
        regional bureaus of the Department of State and overseas 
        activities as authorized by law, $2,631,039,000, to remain 
        available until September 30, 2014, of which not less than 
        $409,255,000 shall be available only for public diplomacy 
        international information programs.
            (3) Diplomatic policy and support.--For necessary expenses 
        for the functional bureaus of the Department of State, 
        including representation to certain international organizations 
        in which the United States participates pursuant to treaties 
        ratified pursuant to the advice and consent of the Senate or 
        specific Acts of Congress, general administration, and arms 
        control, nonproliferation and disarmament activities as 
        authorized, $892,982,000, to remain available until September 
        30, 2014.
            (4) Security programs.--For necessary expenses for security 
        activities, $1,464,745,000, to remain available until September 
        30, 2014, of which up to $1,210,358,000 is for Worldwide 
        Security Protection and shall remain available until expended.
            (5) Fees and payments collected.--In addition to amounts 
        otherwise made available under this heading--
                    (A) as authorized by section 810 of the United 
                States Information and Educational Exchange Act, not to 
                exceed $5,000,000, to remain available until expended, 
                may be credited to this appropriation from fees or 
                other payments received from English teaching, library, 
                motion pictures, and publication programs and from fees 
                from educational advising and counseling and exchange 
                visitor programs; and
                    (B) not to exceed $15,000, which shall be derived 
                from reimbursements, surcharges, and fees for use of 
                Blair House facilities.
            (6) Transfer, reprogramming, and other matters.--
                    (A) Notwithstanding any provision of this Act, 
                funds may be reprogrammed within and between 
                subsections under this heading subject to section 7015 
                of this Act.
                    (B) Of the amount made available under this 
                heading, not to exceed $10,000,000 may be transferred 
                to, and merged with, funds made available by this Act 
                under the heading ``Emergencies in the Diplomatic and 
                Consular Service'', to be available only for emergency 
                evacuations and rewards, as authorized.
                    (C) Funds appropriated under this heading are 
                available for acquisition by exchange or purchase of 
                passenger motor vehicles as authorized by law and, 
                pursuant to 31 U.S.C. 1108(g), for the field 
                examination of programs and activities in the United 
                States funded from any account contained in this title.
                    (D) Of the funds appropriated under this heading, 
                up to $56,500,000, to remain available until expended, 
                may be transferred to, and merged with, funds 
                previously made available under the heading ``Conflict 
                Stabilization Operations'' in title I of prior acts 
                making appropriations for the Department of State, 
                foreign operations and related programs.
                    (E) Of the funds appropriated under this heading, 
                not more than $570,763,000 may be made available for 
                Department of State operations in Afghanistan, not more 
                than $29,970,000 may be made available for such 
                operations in Pakistan, and not more than $250,000,000 
                may be made available for such operations in Iraq.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, $90,000,000, 
to remain available until expended, as authorized:  Provided, That 
section 135(e) of Public Law 103-236 shall not apply to funds available 
under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$67,000,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980 (Public Law 96-465), as it relates to post inspections.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $625,000,000, to remain available until expended:  
Provided, That not to exceed $5,000,000, to remain available until 
expended, may be credited to this appropriation from fees or other 
payments received from or in connection with English teaching, 
educational advising and counseling programs, and exchange visitor 
programs as authorized.

                        representation expenses

    For representation expenses as authorized, $7,300,000.

              protection of foreign missions and officials

    For expenses, not otherwise provided, to enable the Secretary of 
State to provide for extraordinary protective services, as authorized, 
$35,000,000, to remain available until September 30, 2014.

            embassy security, construction, and maintenance

    For necessary expenses for carrying out the Foreign Service 
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining, 
repairing, and planning for buildings that are owned or directly leased 
by the Department of State, renovating, in addition to funds otherwise 
available, the Harry S Truman Building, and carrying out the Diplomatic 
Security Construction Program as authorized, $948,925,000, to remain 
available until expended as authorized, of which not to exceed $7,500 
may be used for domestic and overseas representation expenses as 
authorized:  Provided, That none of the funds appropriated in this 
paragraph shall be available for acquisition of furniture, furnishings, 
or generators for other departments and agencies.
    In addition, for the costs of worldwide security upgrades, 
acquisition, and construction as authorized, $688,799,000, to remain 
available until expended:  Provided, That not later than 45 days after 
enactment of this Act, the Secretary of State shall submit to the 
Committees on Appropriations the proposed allocation of funds made 
available under this heading and the actual and anticipated proceeds of 
sales for all projects in fiscal year 2013.

           emergencies in the diplomatic and consular service

                     (including transfer of funds)

    For necessary expenses to enable the Secretary of State to meet 
unforeseen emergencies arising in the Diplomatic and Consular Service, 
$9,500,000, to remain available until expended as authorized, of which 
not to exceed $1,000,000 may be transferred to, and merged with, funds 
appropriated by this Act under the heading ``Repatriation Loans Program 
Account'', subject to the same terms and conditions.

                   repatriation loans program account

                     (including transfer of funds)

    For the cost of direct loans, $1,800,000, as authorized, of which 
$711,000 may be made available for administrative expenses necessary to 
carry out the direct loan program and may be paid to ``Diplomatic and 
Consular Programs'':  Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974.

              payment to the american institute in taiwan

    For necessary expenses to carry out the Taiwan Relations Act 
(Public Law 96-8), $37,200,000.

     payment to the foreign service retirement and disability fund

    For payment to the Foreign Service Retirement and Disability Fund, 
as authorized, $158,900,000.

                      International Organizations

              contributions to international organizations

    For necessary expenses, not otherwise provided for, to meet annual 
obligations of membership in international multilateral organizations, 
pursuant to treaties ratified pursuant to the advice and consent of the 
Senate, conventions or specific Acts of Congress, $1,389,737,000:  
Provided, That the Secretary of State shall, at the time of the 
submission of the President's budget to Congress under section 1105(a) 
of title 31, United States Code, transmit to the Committees on 
Appropriations the most recent biennial budget prepared by the United 
Nations for the operations of the United Nations:  Provided further, 
That the Secretary of State shall notify the Committees on 
Appropriations at least 15 days in advance (or in an emergency, as far 
in advance as is practicable) of any United Nations action to increase 
funding for any United Nations program without identifying an 
offsetting decrease elsewhere in the United Nations budget:  Provided 
further, That the Secretary of State shall report to the Committees on 
Appropriations not later than May 1, 2013, on any credits available to 
the United States from the United Nations Tax Equalization Fund (TEF) 
and provide updated fiscal year 2014 assessment costs including offsets 
from available TEF credits and updated foreign currency exchange rates: 
 Provided further, That any such credits shall only be available for 
United States assessed contributions to the United Nations and shall be 
subject to the regular notification procedures of the Committees on 
Appropriations:  Provided further, That any payment of arrearages under 
this heading shall be directed toward activities that are mutually 
agreed upon by the United States and the respective international 
organization:  Provided further, That none of the funds appropriated 
under this heading shall be available for a United States contribution 
to an international organization for the United States share of 
interest costs made known to the United States Government by such 
organization for loans incurred on or after October 1, 1984, through 
external borrowings.

        contributions for international peacekeeping activities

    For necessary expenses to pay assessed and other expenses of 
international peacekeeping activities directed to the maintenance or 
restoration of international peace and security, $2,006,500,000, of 
which 15 percent shall remain available until September 30, 2014:  
Provided, That none of the funds made available by this Act shall be 
obligated or expended for any new or expanded United Nations 
peacekeeping mission unless, at least 15 days in advance of voting for 
the new or expanded mission in the United Nations Security Council (or 
in an emergency as far in advance as is practicable), the Committees on 
Appropriations are notified: (1) of the estimated cost and duration of 
the mission, the national interest that will be served, and the exit 
strategy; (2) that the United Nations has taken necessary measures to 
prevent United Nations employees, contractor personnel, and 
peacekeeping troops serving in the mission from trafficking in persons, 
exploiting victims of trafficking, or committing acts of illegal sexual 
exploitation or other violations of human rights, and to bring to 
justice individuals who engage in such acts while participating in the 
peacekeeping mission, including prosecution in their home countries of 
such individuals in connection with such acts, and to make information 
about such cases publicly available in the country where an alleged 
crime occurs and on the United Nations' Web site; and (3) pursuant to 
section 7015 of this Act, and the procedures therein followed, setting 
forth the source of funds that will be used to pay the cost of the new 
or expanded mission:  Provided further, That funds shall be available 
for peacekeeping expenses unless the Secretary of State determines that 
American manufacturers and suppliers are not being given opportunities 
to provide equipment, services, and material for United Nations 
peacekeeping activities equal to those being given to foreign 
manufacturers and suppliers:  Provided further, That the Secretary of 
State shall work with the United Nations and governments contributing 
peacekeeping troops to implement effective vetting procedures to ensure 
that such troops have not violated human rights:  Provided further, 
That none of the funds appropriated or otherwise made available under 
this heading may be used for any United Nations peacekeeping mission 
that will involve United States Armed Forces under the command or 
operational control of a foreign national, unless the President's 
military advisors have submitted to the President a recommendation that 
such involvement is in the national interests of the United States and 
the President has submitted to the Congress such a recommendation:  
Provided further, That notwithstanding any other provision of law, 
funds appropriated or otherwise made available under this heading shall 
be available for United States assessed contributions up to the amount 
specified in the Annex contained in United Nations General Assembly 
document A/64/220/Add.1 for the period ending December 31, 2012, and in 
the next approved United Nations General Assembly Resolution regarding 
the scale of assessments for United Nations peacekeeping operations for 
the period beginning January 1, 2013:  Provided further, That the 
Secretary of State shall report to the Committees on Appropriations not 
later than May 1, 2013, of any credits available to the United States 
resulting from United Nations peacekeeping missions or the United 
Nations Tax Equalization Fund:  Provided further, That any such credits 
shall only be available for United States assessed contributions to the 
United Nations and shall be subject to the regular notification 
procedures of the Committees on Appropriations.

                       International Commissions

    For necessary expenses, not otherwise provided for, to meet 
obligations of the United States arising under treaties, or specific 
Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

    For necessary expenses for the United States Section of the 
International Boundary and Water Commission, United States and Mexico, 
and to comply with laws applicable to the United States Section, 
including not to exceed $1,000 for representation expenses; as follows:

                         salaries and expenses

    For salaries and expenses, not otherwise provided for, $46,700,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $31,500,000, to remain available until expended, as 
authorized.

              american sections, international commissions

    For necessary expenses, not otherwise provided, for the 
International Joint Commission and the International Boundary 
Commission, United States and Canada, as authorized by treaties between 
the United States and Canada or Great Britain, and the Border 
Environment Cooperation Commission as authorized by Public Law 103-182, 
$13,500,000:  Provided, That of the amount provided under this heading 
for the International Joint Commission, $5,000 may be made available 
for representation expenses.

                  international fisheries commissions

    For necessary expenses for international fisheries commissions, not 
otherwise provided for, as authorized by law, $40,700,000:  Provided, 
That the United States share of such expenses may be advanced to the 
respective commissions pursuant to 31 U.S.C. 3324.

                             RELATED AGENCY

                    Broadcasting Board of Governors

                 international broadcasting operations

    For necessary expenses to enable the Broadcasting Board of 
Governors (BBG), as authorized, to carry out international 
communication activities, and to make and supervise grants for radio 
and television broadcasting to the Middle East, $724,200,000:  
Provided, That funds appropriated under this heading shall be made 
available to expand unrestricted access to information on the Internet 
through the development and use of circumvention and secure 
communication technologies:  Provided further, That the BBG shall 
coordinate the development and use of such technologies with the 
Secretary of State, as appropriate:  Provided further, That not later 
than 180 days after enactment of this Act, the BBG shall submit to the 
Committees on Appropriations a report on how the BBG's multiyear 
strategy and fiscal year 2013 budget reflect input from the Department 
of State and other relevant Federal agencies regarding regional 
priorities supporting United States national interests:  Provided 
further, That of the total amount appropriated under this heading, not 
to exceed $35,000 may be used for representation expenses, of which 
$10,000 may be used for representation expenses within the United 
States as authorized, and not to exceed $30,000 may be used for 
representation expenses of Radio Free Europe/Radio Liberty:  Provided 
further, That the authority provided by section 504(c) of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
U.S.C. 6206 note) shall remain in effect through September 30, 2013:  
Provided further, That the BBG shall notify the Committees on 
Appropriations within 15 days of any determination by the Board that 
any of its broadcast entities, including its grantee organizations, 
provides an open platform for international terrorists or those who 
support international terrorism, or is in violation of the principles 
and standards set forth in subsections (a) and (b) of section 303 of 
the United States International Broadcasting Act of 1994 (22 U.S.C. 
6202) or the entity's journalistic code of ethics:  Provided further, 
That significant modifications to BBG broadcast hours previously 
justified to Congress, including changes to transmission platforms 
(shortwave, medium wave, satellite, Internet, and television), for all 
BBG language services shall be subject to the regular notification 
procedures of the Committees on Appropriations:  Provided further, That 
in addition to funds made available under this heading, and 
notwithstanding any other provision of law, up to $2,000,000 in 
receipts from advertising and revenue from business ventures, up to 
$500,000 in receipts from cooperating international organizations, and 
up to $1,000,000 in receipts from privatization efforts of the Voice of 
America and the International Broadcasting Bureau, shall remain 
available until expended for carrying out authorized purposes.

                   broadcasting capital improvements

    For the purchase, rent, construction, and improvement of facilities 
for radio and television transmission and reception, and purchase and 
installation of necessary equipment for radio and television 
transmission and reception, including to Cuba, as authorized, 
$8,850,000, to remain available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

    For a grant to The Asia Foundation, as authorized by The Asia 
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until 
expended, as authorized.

                    United States Institute of Peace

    For necessary expenses of the United States Institute of Peace, as 
authorized by the United States Institute of Peace Act, $38,225,000, to 
remain available until September 30, 2014, which shall not be used for 
construction activities.

         Center for Middle Eastern-Western Dialogue Trust Fund

    For necessary expenses of the Center for Middle Eastern-Western 
Dialogue Trust Fund, as authorized by section 633 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the 
interest and earnings accruing to such Fund on or before September 30, 
2013, to remain available until expended.

                 Eisenhower Exchange Fellowship Program

    For necessary expenses of Eisenhower Exchange Fellowships, 
Incorporated, as authorized by sections 4 and 5 of the Eisenhower 
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and 
earnings accruing to the Eisenhower Exchange Fellowship Program Trust 
Fund on or before September 30, 2013, to remain available until 
expended:  Provided, That none of the funds appropriated herein shall 
be used to pay any salary or other compensation, or to enter into any 
contract providing for the payment thereof, in excess of the rate 
authorized by 5 U.S.C. 5376; or for purposes which are not in 
accordance with OMB Circulars A-110 (Uniform Administrative 
Requirements) and A-122 (Cost Principles for Non-profit Organizations), 
including the restrictions on compensation for personal services.

                    Israeli Arab Scholarship Program

    For necessary expenses of the Israeli Arab Scholarship Program, as 
authorized by section 214 of the Foreign Relations Authorization Act, 
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings 
accruing to the Israeli Arab Scholarship Fund on or before September 
30, 2013, to remain available until expended.

                          International Center

    Not to exceed $1,806,600 shall be derived from fees collected from 
other executive agencies for lease or use of facilities at the 
International Center in accordance with section 4 of the International 
Center Act, and in addition, as authorized by section 5 of such Act, 
$5,970,150, to be derived from the reserve authorized by such section, 
to be used for the purposes set out in such section and for 
development, maintenance, and security of additional properties for use 
as an International Center by foreign governments or international 
organizations.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$16,700,000:  Provided, That none of the funds appropriated herein 
shall be used to pay any salary, or enter into any contract providing 
for the payment thereof, in excess of the rate authorized by 5 U.S.C. 
5376.

                    National Endowment for Democracy

    For grants made by the Department of State to the National 
Endowment for Democracy, as authorized by the National Endowment for 
Democracy Act, $236,000,000, to remain available until expended, of 
which $200,000,000 shall be allocated in the traditional and customary 
manner, including for the core institutes, and $36,000,000 shall be for 
democracy, human rights, and rule of law programs.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

    For necessary expenses for the Commission for the Preservation of 
America's Heritage Abroad, $634,000, as authorized by section 1303 of 
Public Law 99-83.

      United States Commission on International Religious Freedom

                         salaries and expenses

    For necessary expenses for the United States Commission on 
International Religious Freedom, as authorized by title II of the 
International Religious Freedom Act of 1998 (Public Law 105-292), as 
amended, $3,250,000, including not more than $3,000 for representation 
expenses, to remain available until September 30, 2014.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

    For necessary expenses of the Commission on Security and 
Cooperation in Europe, as authorized by Public Law 94-304, $2,579,000, 
including not more than $3,000 for representation expenses, to remain 
available until September 30, 2014.

  Congressional-Executive Commission on the People's Republic of China

                         salaries and expenses

    For necessary expenses of the Congressional-Executive Commission on 
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911-6919), $1,996,000, 
including not more than $500 for representation expenses, to remain 
available until September 30, 2014.

      United States-China Economic and Security Review Commission

                         salaries and expenses

    For necessary expenses of the United States-China Economic and 
Security Review Commission, as authorized by section 1238 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22 
U.S.C. 7002), $3,493,000, including not more than $2,500 for 
representation expenses, to remain available until September 30, 2014:  
Provided, That the authorities, requirements, limitations, and 
conditions contained in the second through sixth provisos under this 
heading in division F of Public Law 111-117 shall continue in effect 
during fiscal year 2013 and shall apply to funds appropriated under 
this heading as if included in this Act.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $1,281,100,000, to remain 
available until September 30, 2014, of which not more than $137,000,000 
may be made available for United States Agency for International 
Development (hereinafter in this Act ``USAID'') operations in 
Afghanistan, not more than $37,000,000 may be made available for such 
operations in Pakistan, and not more than $12,000,000 may be made 
available for such operations in Iraq:  Provided, That 10 percent of 
the funds appropriated under this heading may not be obligated until 
the USAID Administrator submits to the Committees on Appropriations a 
comprehensive review of the Agency's policies and practices with 
respect to unsolicited and small grant proposals, and university and 
private sector partnership solicitations, and such review shall include 
specific recommendations for improving access to information for, and 
consideration of, such proposals and solicitations:  Provided further, 
That none of the funds appropriated under this heading and under the 
heading ``Capital Investment Fund'' in this title may be made available 
to finance the construction (including architect and engineering 
services), purchase, or long-term lease of offices for use by USAID, 
unless the USAID Administrator has identified such proposed use of 
funds in a report submitted to the Committees on Appropriations at 
least 15 days prior to the obligation of funds for such purposes:  
Provided further, That contracts or agreements entered into with funds 
appropriated under this heading during fiscal year 2014 may entail 
commitments for the expenditure of such funds through the following 
fiscal year:  Provided further, That any decision to open a new or 
reorganized USAID mission, bureau, center, or office or, except where 
there is a substantial security risk to mission personnel, to close or 
significantly reduce the number of personnel of any such mission or 
office, shall be subject to the regular notification procedures of the 
Committees on Appropriations:  Provided further, That the authority of 
sections 610 and 109 of the Foreign Assistance Act of 1961 may be 
exercised by the Secretary of State to transfer funds appropriated to 
carry out chapter 1 of part I of such Act to ``Operating Expenses'' in 
accordance with the provisions of those sections:  Provided further, 
That any reprogramming of funds in excess of $1,000,000 or 10 percent, 
whichever is less, between the cost categories in the table included 
under this heading in the report accompanying this Act, and any new 
administrative initiative not specifically justified in USAID's fiscal 
year 2013 Congressional Budget Justification shall be subject to the 
regular notification procedures of the Committees on Appropriations:  
Provided further, That of the funds appropriated or made available 
under this heading, not to exceed $200,000 may be available for 
representation and entertainment expenses, of which not to exceed 
$5,000 may be available for entertainment expenses, for USAID during 
the current fiscal year.

                        capital investment fund

    For necessary expenses for overseas construction and related costs, 
and for the procurement and enhancement of information technology and 
related capital investments, pursuant to section 667 of the Foreign 
Assistance Act of 1961, $140,000,000, to remain available until 
expended:  Provided, That this amount is in addition to funds otherwise 
available for such purposes:  Provided further, That funds appropriated 
under this heading shall be available for obligation only pursuant to 
the regular notification procedures of the Committees on 
Appropriations.

                      office of inspector general

    For necessary expenses to carry out the provisions of section 667 
of the Foreign Assistance Act of 1961, $51,000,000, to remain available 
until September 30, 2014, which sum shall be available for the Office 
of Inspector General, USAID.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

    For necessary expenses to enable the President to carry out the 
provisions of the Foreign Assistance Act of 1961, and for other 
purposes, as follows:

                         global health programs

    For necessary expenses to carry out the provisions of chapters 1 
and 10 of part I of the Foreign Assistance Act of 1961, for global 
health activities, in addition to funds otherwise available for such 
purposes, $2,928,968,000, to remain available until September 30, 2014, 
and which shall be apportioned directly to USAID:  Provided, That this 
amount shall be made available for training, equipment, and technical 
assistance to build the capacity of public health institutions and 
organizations in developing countries, and for such activities as: (1) 
child survival and maternal health programs; (2) immunization and oral 
rehydration programs; (3) other health, nutrition, water and sanitation 
programs which directly address the needs of mothers and children, and 
related education programs; (4) assistance for children displaced or 
orphaned by causes other than AIDS; (5) programs for the prevention, 
treatment, control of, and research on HIV/AIDS, tuberculosis, polio, 
malaria, and other infectious diseases including neglected tropical 
diseases, and for assistance to communities severely affected by HIV/
AIDS, including children infected or affected by AIDS; and (6) family 
planning/reproductive health:  Provided further, That funds 
appropriated under this paragraph may be made available for a United 
States contribution to the GAVI Alliance:  Provided further, That none 
of the funds made available in this Act nor any unobligated balances 
from prior appropriations Acts may be made available to any 
organization or program which, as determined by the President of the 
United States, supports or participates in the management of a program 
of coercive abortion or involuntary sterilization:  Provided further, 
That any determination made under the previous proviso must be made not 
later than 6 months after the date of enactment of this Act, and must 
be accompanied by the evidence and criteria utilized to make the 
determination:  Provided further, That none of the funds made available 
under this Act may be used to pay for the performance of abortion as a 
method of family planning or to motivate or coerce any person to 
practice abortions:  Provided further, That nothing in this paragraph 
shall be construed to alter any existing statutory prohibitions against 
abortion under section 104 of the Foreign Assistance Act of 1961:  
Provided further, That none of the funds made available under this Act 
may be used to lobby for or against abortion:  Provided further, That 
the eighth and ninth provisos under this heading in the Consolidated 
Appropriations Act, 2012 (Public Law 112-74) shall apply to funds 
appropriated under this heading in this Act:  Provided further, That 
for purposes of this or any other Act authorizing or appropriating 
funds for the Department of State, foreign operations, and related 
programs, the term ``motivate'', as it relates to family planning 
assistance, shall not be construed to prohibit the provision, 
consistent with local law, of information or counseling about all 
pregnancy options:  Provided further, That information provided about 
the use of condoms as part of projects or activities that are funded 
from amounts appropriated by this Act shall be medically accurate and 
shall include the public health benefits and failure rates of such use.
    In addition, for necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the prevention, treatment, and 
control of, and research on, HIV/AIDS, $5,550,000,000, to remain 
available until September 30, 2017, which shall be apportioned directly 
to the Department of State:  Provided, That the annual report required 
by section 104A(f) of the Foreign Assistance Act of 1961, which report 
shall be submitted hereafter, as well, to the Committees on 
Appropriations, shall include for each regional and bilateral 
partnership framework country a description of the transition strategy 
for each such country within the President's Emergency Plan for AIDS 
Relief, including details on the host country and/or multilateral 
organization capacity to sustain the achievements of United States-
funded HIV/AIDS and related programs:  Provided further, That funds 
appropriated under this paragraph may be made available, 
notwithstanding any other provision of law, except for the United 
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 
2003 (Public Law 108-25), as amended, for a United States contribution 
to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global 
Fund), and shall be expended at the minimum rate necessary to make 
timely payment for projects and activities:  Provided further, That the 
amount of such contribution should be $1,650,000,000:  Provided 
further, That up to 5 percent of the aggregate amount of funds made 
available to the Global Fund in fiscal year 2013 may be made available 
to USAID for technical assistance related to the activities of the 
Global Fund:  Provided further, That of the funds appropriated under 
this paragraph, up to $14,250,000 may be made available, in addition to 
amounts otherwise available for such purposes, for administrative 
expenses of the Office of the United States Global AIDS Coordinator.

                         development assistance

    For necessary expenses to carry out the provisions of sections 103, 
105, 106, 214, and sections 251 through 255, and chapter 10 of part I 
of the Foreign Assistance Act of 1961, $3,050,000,000, to remain 
available until September 30, 2014:  Provided, That of the funds 
appropriated under this heading, $23,000,000 shall be made available 
for the American Schools and Hospitals Abroad program, and not less 
than $10,000,000 shall be made available for USAID cooperative 
development programs within the Office of Private and Voluntary 
Cooperation.

                   international disaster assistance

    For necessary expenses to carry out the provisions of section 491 
of the Foreign Assistance Act of 1961 for international disaster 
relief, rehabilitation, and reconstruction assistance, $1,250,000,000, 
to remain available until expended.

                         transition initiatives

    For necessary expenses for international disaster rehabilitation 
and reconstruction assistance pursuant to section 491 of the Foreign 
Assistance Act of 1961, $59,000,000, to remain available until 
expended, to support transition to democracy and to long-term 
development of countries in crisis:  Provided, That such support may 
include assistance to develop, strengthen, or preserve democratic 
institutions and processes, revitalize basic infrastructure, and foster 
the peaceful resolution of conflict:  Provided further, That USAID 
shall submit a report to the Committees on Appropriations at least 5 
days prior to beginning a new program of assistance:  Provided further, 
That if the Secretary of State determines that it is important to the 
national interests of the United States to provide transition 
assistance in excess of the amount appropriated under this heading, up 
to $15,000,000 of the funds appropriated by this Act to carry out the 
provisions of part I of the Foreign Assistance Act of 1961 may be used 
for purposes of this heading and under the authorities applicable to 
funds appropriated under this heading:  Provided further, That funds 
made available pursuant to the previous proviso shall be made available 
subject to prior consultation with the Committees on Appropriations.

                          complex crises fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 to enable the USAID Administrator, in 
consultation with the Secretary of State, to support programs and 
activities to prevent or respond to emerging or unforeseen complex 
crises overseas, $50,000,000, to remain available until expended:  
Provided, That funds appropriated under this heading may be made 
available on such terms and conditions as the USAID Administrator may 
determine, in consultation with the Committees on Appropriations, for 
the purposes of preventing or responding to such crises, except that no 
funds shall be made available to respond to natural disasters:  
Provided further, That funds appropriated under this heading may be 
made available notwithstanding any other provision of law, except 
sections 7007, 7008, and 7018 of this Act and section 620M of the 
Foreign Assistance Act of 1961, as amended by this Act:  Provided 
further, That funds appropriated under this heading shall be subject to 
the regular notification procedures of the Committees on 
Appropriations, except that such notifications shall be transmitted at 
least 5 days in advance of the obligation of funds:  Provided further, 
That up to $10,000,000 of the funds appropriated under this heading may 
be transferred to, and merged with, funds appropriated under the 
heading ``Conflict Stabilization Operations'' in title I of prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs.

                      development credit authority

                     (including transfer of funds)

    For the cost of direct loans and loan guarantees provided by USAID, 
as authorized by sections 256 and 635 of the Foreign Assistance Act of 
1961, up to $40,000,000 may be derived by transfer from funds 
appropriated by this Act to carry out part I of such Act:  Provided, 
That funds provided under this paragraph and funds provided as a gift 
that are used for purposes of this paragraph pursuant to section 635(d) 
of the Foreign Assistance Act of 1961 shall be made available only for 
micro and small enterprise programs, urban programs, and other programs 
which further the purposes of part I of such Act:  Provided further, 
That such costs, including the cost of modifying such direct and 
guaranteed loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended:  Provided further, That 
funds made available by this paragraph may be used for the cost of 
modifying any such guaranteed loans under this Act or prior Acts, and 
funds used for such costs shall be subject to the regular notification 
procedures of the Committees on Appropriations:  Provided further, That 
the provisions of section 107A(d) (relating to general provisions 
applicable to the Development Credit Authority) of the Foreign 
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as 
reported by the House Committee on International Relations on May 9, 
1997, shall be applicable to direct loans and loan guarantees provided 
under this heading, except that the principal amount of loans made or 
guaranteed under this heading with respect to any single country shall 
not exceed $300,000,000:  Provided further, That these funds are 
available to subsidize total loan principal, any portion of which is to 
be guaranteed, of up to $750,000,000.
    In addition, for administrative expenses to carry out credit 
programs administered by USAID, $8,200,000, which may be transferred 
to, and merged with, funds made available under the heading ``Operating 
Expenses'' in title II of this Act:  Provided, That funds made 
available under this heading shall remain available until September 30, 
2015.

                         economic support fund

    For necessary expenses to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961, $4,524,332,000, to 
remain available until September 30, 2014:  Provided, That of the funds 
appropriated under this heading, $250,000,000 shall be made available 
for assistance for Egypt, for programs and activities to reduce poverty 
and create jobs, strengthen democracy, and protect human rights, 
including to implement section 7041(b)(3) of this Act, and including 
not less than $35,000,000 for education programs of which not less than 
$10,000,000 is for scholarships at not-for-profit institutions for 
Egyptian students with high financial need:  Provided further, That 
funds appropriated under this heading that are made available for 
assistance for Cyprus shall be used only for scholarships, 
administrative support of the scholarship program, bicommunal projects, 
and measures aimed at reunification of the island and designed to 
reduce tensions and promote peace and cooperation between the two 
communities on Cyprus:  Provided further, That of the funds made 
available for assistance for Lebanon under this heading, $12,000,000 
shall be used for scholarships at not-for-profit institutions for 
students in Lebanon with high financial need:  Provided further, That 
of the funds appropriated under this heading, not less than 
$410,000,000 shall be available for assistance for Jordan:  Provided 
further, That of the funds appropriated under this heading, not less 
than $175,000,000 shall be apportioned directly to USAID for 
alternative development/institution building and local governance 
programs in Colombia:  Provided further, That notwithstanding any other 
provision of law, of the funds appropriated under this heading, not 
more than $15,000,000 may be made available for assistance for Cuba, 
including for humanitarian assistance, support for economic reform, 
private sector initiatives, democracy, and human rights:  Provided 
further, That funds made available for the Southern Caucasus region may 
be used for confidence-building measures and other activities in 
furtherance of the peaceful resolution of conflicts, including in 
Nagorno-Karabakh:  Provided further, That of the funds appropriated 
under this heading, not less than $7,000,000 shall be made available 
for humanitarian, conflict mitigation, human rights, civil society, and 
relief and reconstruction assistance for the North Caucasus:  Provided 
further, That after consultation with the Committees on Appropriations 
and the Secretary of the Treasury, the Secretary of State may transfer 
funds made available under this heading to funds appropriated by this 
Act under the heading ``Multilateral Assistance, Funds Appropriated to 
the President, International Financial Institutions'' for additional 
payments to such institutions, facilities, and funds enumerated under 
such headings:  Provided further, That funds appropriated under this 
heading by this Act or prior Acts making appropriations for the 
Department of State, foreign operations and related programs, or under 
the heading ``Assistance for Europe, Eurasia and Central Asia'' in such 
prior Acts, may be made available as a contribution to an endowment in 
support of efforts to maintain and preserve the Auschwitz-Birkenau 
site.

                             democracy fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the promotion of democracy globally, 
$230,000,000, to remain available until September 30, 2014, of which 
$136,000,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights, and Labor, Department of 
State, and $94,000,000 shall be made available for the Bureau for 
Democracy, Conflict, and Humanitarian Assistance, USAID.

              middle east and north africa incentive fund

    For necessary expenses for a Middle East and North Africa Incentive 
Fund to carry out the provisions of the Foreign Assistance Act of 1961, 
as amended by this Act, $1,000,000,000, to remain available until 
September 30, 2015, which shall be available, notwithstanding any other 
provision of law except section 620M of the Foreign Assistance Act, as 
amended by this Act, for assistance and for contributions to promote 
regional peace and security and political and economic reform and 
stability in the Middle East and North Africa, which shall include 
programs and activities focused on empowering women and girls, 
advancing their stature, protection, and integration into educational, 
political, economic, and security sectors of their societies:  
Provided, That funds appropriated under this heading may be made 
available for scholarships and public diplomacy programs, including 
educational and professional exchanges, broadcasting, and use of the 
Internet and social media to facilitate communication with and among 
the people of the region:  Provided further, That funds appropriated 
under this heading may be made available for the costs of direct and 
guaranteed loans for countries in the Middle East and North Africa:  
Provided further, That such costs, including the cost of modifying such 
loans and loan guarantees, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, and may include the costs of selling, 
reducing, or cancelling any amounts owed to the United States or any 
agency of the United States by any country in the Middle East and North 
Africa:  Provided further, That amounts that are made available under 
the previous two provisos for the costs of direct loans, loan 
guarantees, and modifications shall not be considered assistance for 
the purposes of provisions of law limiting assistance to a country:  
Provided further, That funds appropriated under this heading may be 
transferred to, and merged with, funds appropriated under the heading 
``Contributions for International Peacekeeping'' for peacekeeping 
operations in the Middle East and North Africa:  Provided further, That 
funds appropriated under this heading may be transferred to any 
institution, fund, or program for which funds are made available under 
the heading ``Multilateral Assistance, Funds Appropriated to the 
President, International Financial Institutions'' for the purposes of 
this heading:  Provided further, That up to 5 percent of funds 
appropriated under this heading may be made available for 
administrative expenses of agencies implementing and managing programs 
funded under this heading, in addition to funds otherwise available for 
such purposes, and such funds may be transferred to, and merged with, 
funds under the headings ``Diplomatic and Consular Programs'' and 
``Operating Expenses'':  Provided further, That prior to the initial 
obligation of funds appropriated under this heading the Secretary of 
State shall consult with the Committees on Appropriations.

                          Department of State

                    migration and refugee assistance

    For necessary expenses not otherwise provided for, to enable the 
Secretary of State to carry out the provisions of section 2(a) and (b) 
of the Migration and Refugee Assistance Act of 1962, and other 
activities to meet refugee and migration needs; salaries and expenses 
of personnel and dependents as authorized by the Foreign Service Act of 
1980; allowances as authorized by sections 5921 through 5925 of title 
5, United States Code; purchase and hire of passenger motor vehicles; 
and services as authorized by section 3109 of title 5, United States 
Code, $2,300,000,000, to remain available until expended, of which 
$15,000,000 shall be made available for refugees resettling in Israel, 
and not less than $35,000,000 shall be made available to respond to 
small-scale emergency humanitarian requirements.

     united states emergency refugee and migration assistance fund

    For necessary expenses to carry out the provisions of section 2(c) 
of the Migration and Refugee Assistance Act of 1962, as amended (22 
U.S.C. 2601(c)), $50,000,000, to remain available until expended.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of the Peace 
Corps Act (22 U.S.C. 2501-2523), including the purchase of not to 
exceed five passenger motor vehicles for administrative purposes for 
use outside of the United States, $400,000,000, of which $5,000,000 is 
for the Office of Inspector General, to remain available until 
September 30, 2014:  Provided, That the Director of the Peace Corps 
(the Director) may transfer to the Foreign Currency Fluctuations 
Account, as authorized by 22 U.S.C. 2515, an amount not to exceed 
$5,000,000:  Provided further, That funds transferred pursuant to the 
previous proviso may not be derived from amounts made available for 
Peace Corps overseas operations:  Provided further, That of the funds 
appropriated under this heading, not to exceed $100,000 may be 
available for representation expenses, of which not to exceed $4,000 
may be made available for entertainment expenses:  Provided further, 
That any decision to open, close, significantly reduce, or suspend a 
domestic or overseas office or country program shall be subject to 
prior consultation with, and the regular notification procedures of, 
the Committees on Appropriations, except that prior consultation and 
regular notification procedures may be waived when there is a 
substantial security risk to volunteers or other Peace Corps personnel, 
pursuant to section 7015(e) of this Act:  Provided further, That none 
of the funds appropriated under this heading shall be used to pay for 
abortions:  Provided further, That notwithstanding the previous 
proviso, section 614 of division C of Public Law 112-74 shall apply to 
Peace Corps volunteers to the same effect as it applies to Peace Corps 
employees.

                    millennium challenge corporation

    For necessary expenses to carry out the provisions of the 
Millennium Challenge Act of 2003 (MCA), $898,200,000 to remain 
available until expended:  Provided, That of the funds appropriated 
under this heading, up to $105,000,000 may be available for 
administrative expenses of the Millennium Challenge Corporation (the 
Corporation):  Provided further, That up to 5 percent of the funds 
appropriated under this heading may be made available to carry out the 
purposes of section 616 of the MCA for fiscal year 2013:  Provided 
further, That section 605(e) of the MCA shall apply to funds 
appropriated under this heading:  Provided further, That funds 
appropriated under this heading may be made available for a Millennium 
Challenge Compact entered into pursuant to section 609 of the MCA only 
if such Compact obligates, or contains a commitment to obligate subject 
to the availability of funds and the mutual agreement of the parties to 
the Compact to proceed, the entire amount of the United States 
Government funding anticipated for the duration of the Compact:  
Provided further, That the Chief Executive Officer of the Corporation 
shall notify the Committees on Appropriations not later than 15 days 
prior to signing any new country compact or new threshold country 
program; terminating or suspending any country compact or threshold 
country program; or commencing negotiations for any new compact or 
threshold country program:  Provided further, That any funds that are 
deobligated from a Millennium Challenge Compact shall be subject to the 
regular notification procedures of the Committees on Appropriations 
prior to re-obligation:  Provided further, That notwithstanding section 
606(a)(2) of the MCA, a country shall be a candidate country for 
purposes of eligibility for assistance for the fiscal year if the 
country has a per capita income equal to or below the World Bank's 
lower middle income country threshold for the fiscal year and is among 
the 75 lowest per capita income countries as identified by the World 
Bank; and the country meets the requirements of section 606(a)(1)(B) of 
the MCA:  Provided further, That notwithstanding section 606(b)(1) of 
the MCA, in addition to countries described in the preceding proviso, a 
country shall be a candidate country for purposes of eligibility for 
assistance for the fiscal year if the country has a per capita income 
equal to or below the World Bank's lower middle income country 
threshold for the fiscal year and is not among the 75 lowest per capita 
income countries as identified by the World Bank; and the country meets 
the requirements of section 606(a)(1)(B) of the MCA:  Provided further, 
That any Millennium Challenge Corporation candidate country under 
section 606 of the MCA with a per capita income that changes in the 
fiscal year such that the country would be reclassified from a low 
income country to a lower middle income country or from a lower middle 
income country to a low income country shall retain its candidacy 
status in its former income classification for the fiscal year and the 
2 subsequent fiscal years:  Provided further, That section 610 of the 
MCA shall not apply with respect to the Federal Register:  Provided 
further, That notwithstanding section 609(j) of the MCA, a compact may 
be extended by the Board of the Corporation up to 1 year due to 
extraordinary circumstances:  Provided further, That of the funds 
appropriated under this heading, not to exceed $65,000 may be available 
for representation expenses.

                       inter-american foundation

    For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of 
the Foreign Assistance Act of 1969, $23,500,000, to remain available 
until September 30, 2014:  Provided, That of the funds appropriated 
under this heading, not to exceed $1,000 may be available for 
representation expenses.

                     african development foundation

    For necessary expenses to carry out title V of the International 
Security and Development Cooperation Act of 1980 (Public Law 96-533), 
$31,000,000, to remain available until September 30, 2014, of which not 
to exceed $2,000 may be available for representation expenses:  
Provided, That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the African Development Foundation (ADF):  Provided 
further, That interest earned shall be used only for the purposes for 
which the grant was made:  Provided further, That notwithstanding 
section 505(a)(2) of the African Development Foundation Act, in 
exceptional circumstances the Board of Directors of the ADF may waive 
the $250,000 limitation contained in that section with respect to a 
project and a project may exceed the limitation by up to 10 percent if 
the increase is due solely to foreign currency fluctuation:  Provided 
further, That the ADF shall provide a report to the Committees on 
Appropriations after each time such waiver authority is exercised:  
Provided further, That section 503(a) of the African Development 
Foundation Act (Public Law 96-533; 22 U.S.C. 290h-1(a)) is hereby 
amended by inserting ``United States'' before ``African Development''.

                       Department of the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $29,000,000, to remain available 
until September 30, 2015, which shall be available notwithstanding any 
other provision of law.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $1,484,620,000, to remain available until 
September 30, 2014:  Provided, That funds made available under this 
heading shall be allocated as follows:
            (1) Counternarcotics programs.--$214,520,000 for assistance 
        for counternarcotics programs, including supply and demand 
        reduction, and associated programs:  Provided, That the 
        Department of State may use the authority of section 608 of the 
        Foreign Assistance Act of 1961, without regard to its 
        restrictions, to receive excess property from an agency of the 
        United States Government for the purposes of providing such 
        property to a foreign country or international organization 
        under chapter 8 of part I of that Act, subject to the regular 
        notification procedures of the Committees on Appropriations:  
        Provided further, That section 482(b) of the Foreign Assistance 
        Act of 1961 shall not apply to funds appropriated under this 
        heading, except that any funds made available notwithstanding 
        such section shall be subject to the regular notification 
        procedures of the Committees on Appropriations:  Provided 
        further, That of the funds appropriated under this heading and 
        under the heading ``Foreign Military Financing Program'' that 
        are available for police and military forces in Mexico and 
        Central and South America, not less than $10,000,000 shall be 
        available for assistance for civilians who suffer harm as a 
        result of counternarcotics, anti-crime, and counterinsurgency 
        operations by such forces, except that such funds shall be 
        matched by sources other than the Government of the United 
        States.
            (2) Civilian judicial and security programs.--$899,600,000 
        for assistance for rule of law, justice, corrections, anti-
        crime, cyber crime, civilian police, and security sector reform 
        programs, of which not less than $5,000,000 shall be made 
        available to combat piracy of United States copyright 
        materials, consistent with the requirements of section 688 (a) 
        and (b) of the Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2008 (division J of Public 
        Law 110-161):  Provided, That the reporting requirements 
        contained in section 1404 of Public Law 110-252 shall apply to 
        funds made available by this Act, including a description of 
        modifications, if any, to the security strategy of the 
        Palestinian Authority:  Provided further, That funds 
        appropriated under this heading shall be made available for 
        interagency rule of law training programs.
            (3) Aviation.--$243,000,000 for expenses relating to the 
        cost of purchasing, leasing, maintaining, and the disposition 
        of aircraft, and including aircraft used in counternarcotics 
        programs:  Provided, That not later than 60 days after 
        enactment of this Act, the Secretary of State shall submit a 
        report to the Committees on Appropriations detailing the number 
        of aircraft purchased and leased by the Department of State in 
        previous fiscal year, and the costs of storing and maintaining 
        such aircraft.
            (4) Administrative expenses.--$127,500,000 for 
        administrative expenses, including the costs associated with 
        the hiring of contractors:  Provided, That not later than 180 
        days after enactment of this Act, the Secretary of State shall 
        submit a report to the Committees on Appropriations detailing 
        the number of personnel, including contractors, hired by funds 
        made available under this paragraph, and a description of the 
        job to be performed.
            (5) Reprogramming and other matters.--
                    (A) Notwithstanding any provision of this Act, 
                funds may be reprogrammed between subsections under 
                this heading subject to section 7015 of this Act.
                    (B) Notwithstanding any other provision of law, the 
                concurrence of the Secretary of State shall be required 
                for the provision of assistance under section 1033 of 
                Public Law 105-85, as amended, and for the provision of 
                any other assistance which is comparable to assistance 
                made available under this heading but which is provided 
                by any other Federal department or agency under any 
                other provision of law, including assistance to support 
                counternarcotics and anti-crime activities of a foreign 
                government and for any foreign law enforcement agency 
                for such purposes.
                    (C) The Secretary of State shall provide to the 
                Committees on Appropriations not later than 45 days 
                after enactment of this Act and prior to the initial 
                obligation of funds appropriated under this heading, a 
                report on the proposed uses of all funds under this 
                heading on a country-by-country basis for each proposed 
                program, project, or activity.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $635,668,000, to carry 
out the provisions of chapter 8 of part II of the Foreign Assistance 
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the 
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act, 
section 23 of the Arms Export Control Act or the Foreign Assistance Act 
of 1961 for demining activities, the clearance of unexploded ordnance, 
the destruction of small arms, and related activities, notwithstanding 
any other provision of law, including activities implemented through 
nongovernmental and international organizations, and section 301 of the 
Foreign Assistance Act of 1961 for a voluntary contribution to the 
International Atomic Energy Agency (IAEA), and for a United States 
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory 
Commission:  Provided, That for the clearance of unexploded ordnance, 
the Secretary of State should prioritize those areas where such 
ordnance was caused by the United States:  Provided further, That funds 
made available under this heading for the Nonproliferation and 
Disarmament Fund shall be available notwithstanding any other provision 
of law and subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations, to 
promote bilateral and multilateral activities relating to 
nonproliferation, disarmament and weapons destruction, and shall remain 
available until expended:  Provided further, That such funds may also 
be used for such countries other than the Independent States of the 
former Soviet Union and international organizations when it is in the 
national security interest of the United States to do so:  Provided 
further, That funds appropriated under this heading may be made 
available for the IAEA unless the Secretary of State determines that 
Israel is being denied its right to participate in the activities of 
that Agency:  Provided further, That funds appropriated under this 
heading may be made available for public-private partnerships for 
conventional weapons and mine action by grant, cooperative agreement or 
contract:  Provided further, That notwithstanding any other provision 
of law, funds appropriated under this heading in prior Acts that were 
previously notified to the Committees on Appropriations for programs in 
Asia but that remain unobligated on the date of enactment of this Act, 
shall be subject to the regular notification procedures of the 
Committees on Appropriations prior to obligation:  Provided further, 
That funds made available for demining and related activities, in 
addition to funds otherwise available for such purposes, may be used 
for administrative expenses related to the operation and management of 
the demining program:  Provided further, That funds appropriated under 
this heading that are available for ``Anti-terrorism Assistance'' and 
``Export Control and Border Security'' shall remain available until 
September 30, 2014.
    In addition, for assistance for unanticipated nonproliferation, 
demining, and anti-terrorism programs in the Near East and other 
regions, $60,000,000, to remain available until expended.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $391,100,000:  Provided, That 
funds appropriated under this heading may be used, notwithstanding 
section 660 of such Act, to provide assistance to enhance the capacity 
of foreign civilian security forces, including gendarmes, to 
participate in peacekeeping operations:  Provided further, That of the 
funds appropriated under this heading, $28,000,000 shall be made 
available for a United States contribution to the Multinational Force 
and Observers mission in the Sinai:  Provided further, That of the 
funds appropriated under this heading, up to $142,000,000 may be used 
to pay assessed expenses of international peacekeeping activities in 
Somalia and shall be available until September 30, 2014:  Provided 
further, That funds appropriated under this Act should not be used to 
support any military training or operations that include child 
soldiers:  Provided further, That none of the funds appropriated under 
this heading shall be obligated or expended except as provided through 
the regular notification procedures of the Committees on 
Appropriations.

                  Funds Appropriated to the President

             international military education and training

    For necessary expenses to carry out the provisions of section 541 
of the Foreign Assistance Act of 1961, $103,018,000, of which up to 
$4,000,000 may remain available until September 30, 2014, and may only 
be provided through the regular notification procedures of the 
Committees on Appropriations:  Provided, That the civilian personnel 
for whom military education and training may be provided under this 
heading may include civilians who are not members of a government whose 
participation would contribute to improved civil-military relations, 
civilian control of the military, or respect for human rights:  
Provided further, That the Secretary of State shall provide to the 
Committees on Appropriations, not later than 45 days after enactment of 
this Act, a report on the proposed uses of all program funds under this 
heading on a country-by-country basis, including a detailed description 
of proposed activities:  Provided further, That of the funds 
appropriated under this heading, not to exceed $20,000 may be available 
for entertainment expenses.

                   foreign military financing program

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$5,849,820,000:  Provided, That to expedite the provision of assistance 
to foreign countries and international organizations, the Secretary of 
State, following consultation with the Committees on Appropriations and 
subject to the regular notification procedures of such Committees, may 
use the funds appropriated under this heading to procure defense 
articles and services to enhance the capacity of foreign security 
forces:  Provided further, That of the funds appropriated under this 
heading, not less than $3,100,000,000 shall be available for grants 
only for Israel, and $1,300,000,000 shall be available for grants only 
for Egypt:  Provided further, That the funds appropriated under this 
heading for assistance for Israel shall be disbursed within 30 days of 
enactment of this Act:  Provided further, That to the extent that the 
Government of Israel requests that funds be used for such purposes, 
grants made available for Israel under this heading shall, as agreed by 
the United States and Israel, be available for advanced weapons 
systems, of which not less than $815,300,000 shall be available for the 
procurement in Israel of defense articles and defense services, 
including research and development:  Provided further, That of the 
funds appropriated under this heading, $300,000,000 shall be made 
available for assistance for Jordan:  Provided further, That funds 
appropriated by this Act should not be made available and no defense 
export license should be issued for tear gas, armored vehicles, small 
arms, light weapons, ammunition, or other items for crowd control 
purposes, to the security forces of a foreign country undergoing 
democratic transition, unless the Secretary of State notifies the 
Committees on Appropriations that such forces have not repeatedly used 
excessive force to repress peaceful, lawful, and organized dissent:  
Provided further, That none of the funds made available under this 
heading shall be made available to support or continue any program 
initially funded under the authority of section 1206 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 
Stat. 3456) unless the Secretary of State, in coordination with the 
Secretary of Defense, has justified such program to the Committees on 
Appropriations:  Provided further, That funds appropriated or otherwise 
made available under this heading shall be nonrepayable notwithstanding 
any requirement in section 23 of the Arms Export Control Act:  Provided 
further, That funds made available under this heading shall be 
obligated upon apportionment in accordance with paragraph (5)(C) of 
title 31, United States Code, section 1501(a).
    None of the funds made available under this heading shall be 
available to finance the procurement of defense articles, defense 
services, or design and construction services that are not sold by the 
United States Government under the Arms Export Control Act unless the 
foreign country proposing to make such procurement has first signed an 
agreement with the United States Government specifying the conditions 
under which such procurement may be financed with such funds:  
Provided, That all country and funding level increases in allocations 
shall be submitted through the regular notification procedures of 
section 7015 of this Act:  Provided further, That funds made available 
under this heading may be used, notwithstanding any other provision of 
law, for demining, the clearance of unexploded ordnance, and related 
activities, and may include activities implemented through 
nongovernmental and international organizations:  Provided further, 
That only those countries for which assistance was justified for the 
``Foreign Military Sales Financing Program'' in the fiscal year 1989 
congressional presentation for security assistance programs may utilize 
funds made available under this heading for procurement of defense 
articles, defense services or design and construction services that are 
not sold by the United States Government under the Arms Export Control 
Act:  Provided further, That funds appropriated under this heading 
shall be expended at the minimum rate necessary to make timely payment 
for defense articles and services:  Provided further, That not more 
than $60,000,000 of the funds appropriated under this heading may be 
obligated for necessary expenses, including the purchase of passenger 
motor vehicles for replacement only for use outside of the United 
States, for the general costs of administering military assistance and 
sales, except that this limitation may be exceeded only through the 
regular notification procedures of the Committees on Appropriations:  
Provided further, That of the funds appropriated under this heading for 
general costs of administering military assistance and sales, not to 
exceed $10,000 may be available for representation expenses:  Provided 
further, That not more than $885,000,000 of funds realized pursuant to 
section 21(e)(1)(A) of the Arms Export Control Act may be obligated for 
expenses incurred by the Department of Defense during fiscal year 2013 
pursuant to section 43(b) of the Arms Export Control Act, except that 
this limitation may be exceeded only through the regular notification 
procedures of the Committees on Appropriations.

               Pakistan Counterinsurgency Capability Fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapter 8 of 
part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance 
Act of 1961 and section 23 of the Arms Export Control Act, $50,000,000, 
to remain available until September 30, 2013, for the purpose of 
providing assistance for Pakistan to build and maintain the 
counterinsurgency capability of Pakistani security forces (including 
the Frontier Corps), to include program management, training in civil-
military humanitarian assistance, human rights training, and the 
provision of equipment, supplies, services, training, and facility and 
infrastructure repair, renovation, and construction:  Provided, That 
the terms, conditions, and authorities contained in the first through 
sixth provisos under this heading in title VIII of division I of Public 
Law 112-74 shall apply to funds appropriated by this Act under this 
heading:  Provided further, That none of the funds appropriated under 
this heading in this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs may be 
made available for obligation unless the Secretary of State certifies 
to the Committees on Appropriations that the Government of Pakistan has 
reopened overland cargo routes available to support United States and 
North Atlantic Treaty Organization troops in Afghanistan, and funds 
appropriated under this heading can be used efficiently and effectively 
by the end of the fiscal year:  Provided further, That if the Secretary 
cannot make the certification required in the previous proviso, funds 
appropriated by this Act and prior Acts under this heading shall be 
transferred to, and merged with, funds appropriated by this Act under 
the headings ``Development Assistance'', ``Economic Support Fund'', 
``Middle East and North Africa Incentive Fund'', and 
``Nonproliferation, Anti-terrorism, Demining and Related Programs''.

                    global security contingency fund

    For necessary expenses of the Global Security Contingency Fund, as 
authorized, $25,000,000, to remain available until expended.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

    For necessary expenses to carry out the provisions of section 301 
of the Foreign Assistance Act of 1961, and of section 2 of the United 
Nations Environment Program Participation Act of 1973, $375,000,000:  
Provided, That section 307(a) of the Foreign Assistance Act of 1961 
shall not apply to contributions to the United Nations Democracy Fund.

                  International Financial Institutions

                      global environment facility

    For payment to the International Bank for Reconstruction and 
Development as trustee for the Global Environment Facility by the 
Secretary of the Treasury, $139,400,000, to remain available until 
expended.

       contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,358,500,000, to remain available until 
expended.
    For payment to the International Development Association by the 
Secretary of the Treasury for costs incurred under the Multilateral 
Debt Relief Initiative, $50,000,000, to remain available until 
expended.

     contribution to the international bank for reconstruction and 
                              development

    For payment to the International Bank for Reconstruction and 
Development by the Secretary of the Treasury for the United States 
share of the paid-in portion of the increases in capital stock, 
$186,957,000, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the International Bank for 
Reconstruction and Development may subscribe without fiscal year 
limitation to the callable capital portion of the United States share 
of increases in capital stock in an amount not to exceed 
$2,928,990,899.

               contribution to the clean technology fund

    For payment to the International Bank for Reconstruction and 
Development as trustee for the Clean Technology Fund by the Secretary 
of the Treasury, $300,000,000, to remain available until expended.

               contribution to the strategic climate fund

    For payment to the International Bank for Reconstruction and 
Development as trustee for the Strategic Climate Fund by the Secretary 
of the Treasury, $100,000,000, to remain available until expended.

              global agriculture and food security program

    For payment to the Global Agriculture and Food Security Program by 
the Secretary of the Treasury, $200,000,000, to remain available until 
expended.

          contribution to the inter-american development bank

    For payment to the Inter-American Development Bank by the Secretary 
of the Treasury for the United States share of the paid-in portion of 
the increase in capital stock, $113,500,000, to remain available until 
expended.

              limitation on callable capital subscriptions

    The United States Governor of the Inter-American Development Bank 
may subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $4,098,794,833.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, $25,726,000, to 
remain available until expended.

               contribution to the asian development bank

    For payment to the Asian Development Bank by the Secretary of the 
Treasury for the United States share of the paid-in portion of increase 
in capital stock, $106,799,000, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the Asian Development Bank may 
subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $2,558,048,769.

               contribution to the asian development fund

    For payment to the Asian Development Bank's Asian Development Fund 
by the Secretary of the Treasury, $115,250,000, to remain available 
until expended.

              contribution to the african development bank

    For payment to the African Development Bank by the Secretary of the 
Treasury for the United States share of the paid-in portion of the 
increase in capital stock, $32,418,000, to remain available until 
expended.
    For payment to the African Development Fund by the Secretary of the 
Treasury for costs incurred under the Multilateral Debt Relief 
Initiative, $15,150,000, to remain available until expended.

              limitation on callable capital subscriptions

    The United States Governor of the African Development Bank may 
subscribe without fiscal year limitation to the callable capital 
portion of the United States share of such capital stock in an amount 
not to exceed $507,860,808.

              contribution to the african development fund

    For payment to the African Development Fund by the Secretary of the 
Treasury, $195,000,000, to remain available until expended.

  contribution to the international fund for agricultural development

    For payment to the International Fund for Agricultural Development 
by the Secretary of the Treasury, $32,243,000, to remain available 
until expended.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States

                           inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $4,400,000, to remain available until September 30, 2014.

                            program account

    The Export-Import Bank of the United States is authorized to make 
such expenditures within the limits of funds and borrowing authority 
available to such corporation, and in accordance with law, and to make 
such contracts and commitments without regard to fiscal year 
limitations, as provided by section 104 of the Government Corporation 
Control Act, as may be necessary in carrying out the program for the 
current fiscal year for such corporation:  Provided, That none of the 
funds available during the current fiscal year may be used to make 
expenditures, contracts, or commitments for the export of nuclear 
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or 
military assistance under this Act, that has detonated a nuclear 
explosive after the date of the enactment of this Act:  Provided 
further, That the loan, guarantee, and insurance authority available to 
the Export-Import Bank may not be used to support any coal-fired power 
plant that does not meet United States Government emissions 
requirements for new coal-fired power plants:  Provided further, That 
not less than 10 percent of the aggregate loan, guarantee, and 
insurance authority available to the Export-Import Bank under this Act 
should be used for renewable energy technologies or end-use energy 
efficiency technologies:  Provided further, That notwithstanding 
section 1(c) of Public Law 103-428, as amended, sections 1(a) and (b) 
of Public Law 103-428 shall remain in effect through October 1, 2013.

                         subsidy appropriation

    For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of 
1945, as amended, not to exceed $38,000,000:  Provided, That such 
costs, including the cost of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974:  Provided 
further, That such funds shall remain available until September 30, 
2028, for the disbursement of direct loans, loan guarantees, insurance 
and tied-aid grants obligated in fiscal years 2013, 2014, 2015, and 
2016:  Provided further, That none of the funds appropriated by this 
Act or any prior Acts appropriating funds for the Department of State, 
foreign operations, and related programs for tied-aid credits or grants 
may be used for any other purpose except through the regular 
notification procedures of the Committees on Appropriations.

                        administrative expenses

    For administrative expenses to carry out the direct and guaranteed 
loan and insurance programs, including hire of passenger motor vehicles 
and services as authorized by 5 U.S.C. 3109, and not to exceed $20,000 
for official reception and representation expenses for members of the 
Board of Directors, not to exceed $103,900,000:  Provided, That the 
Export-Import Bank may accept, and use, payment or services provided by 
transaction participants for legal, financial, or technical services in 
connection with any transaction for which an application for a loan, 
guarantee or insurance commitment has been made:  Provided further, 
That notwithstanding subsection (b) of section 117 of the Export 
Enhancement Act of 1992, subsection (a) thereof shall remain in effect 
until September 30, 2013:  Provided further, That the Export-Import 
Bank shall charge fees for necessary expenses (including special 
services performed on a contract or fee basis, but not including other 
personal services) in connection with the collection of moneys owed the 
Export-Import Bank, repossession or sale of pledged collateral or other 
assets acquired by the Export-Import Bank in satisfaction of moneys 
owed the Export-Import Bank, or the investigation or appraisal of any 
property, or the evaluation of the legal, financial, or technical 
aspects of any transaction for which an application for a loan, 
guarantee or insurance commitment has been made, or systems 
infrastructure directly supporting transactions:  Provided further, 
That, in addition to other funds appropriated for administrative 
expenses, such fees shall be credited to this account, to remain 
available until expended.

                           receipts collected

    Receipts collected pursuant to the Export-Import Bank Act of 1945, 
as amended, and the Federal Credit Reform Act of 1990, as amended, in 
an amount not to exceed the amount appropriated herein, shall be 
credited as offsetting collections to this account:  Provided, That the 
sums herein appropriated from the General Fund shall be reduced on a 
dollar-for-dollar basis by such offsetting collections so as to result 
in a final fiscal year appropriation from the General Fund estimated at 
$0:  Provided further, That amounts collected in fiscal year 2013 in 
excess of obligations, up to $50,000,000, shall become available on 
September 1, 2013, and shall remain available until September 30, 2016.

                Overseas Private Investment Corporation

                           noncredit account

    The Overseas Private Investment Corporation is authorized to make, 
without regard to fiscal year limitations, as provided by 31 U.S.C. 
9104, such expenditures and commitments within the limits of funds 
available to it and in accordance with law as may be necessary:  
Provided, That the amount available for administrative expenses to 
carry out the credit and insurance programs (including an amount for 
official reception and representation expenses which shall not exceed 
$10,000) shall not exceed $60,784,000:  Provided further, That project-
specific transaction costs, including direct and indirect costs 
incurred in claims settlements, and other direct costs associated with 
services provided to specific investors or potential investors pursuant 
to section 234 of the Foreign Assistance Act of 1961, shall not be 
considered administrative expenses for the purposes of this heading.

                            program account

    For the cost of direct and guaranteed loans, $31,000,000, as 
authorized by section 234 of the Foreign Assistance Act of 1961, to be 
derived by transfer from the Overseas Private Investment Corporation 
Noncredit Account:  Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974:  Provided further, That such sums 
shall be available for direct loan obligations and loan guaranty 
commitments incurred or made during fiscal years 2013, 2014, and 2015:  
Provided further, That funds so obligated in fiscal year 2013 remain 
available for disbursement through 2021; funds obligated in fiscal year 
2014 remain available for disbursement through 2022; and funds 
obligated in fiscal year 2015 remain available for disbursement through 
2023:  Provided further, That notwithstanding any other provision of 
law, the Overseas Private Investment Corporation is authorized to 
undertake any program authorized by title IV of chapter 2 of part I of 
the Foreign Assistance Act of 1961 in Iraq:  Provided further, That 
funds made available pursuant to the authority of the previous proviso 
shall be subject to the regular notification procedures of the 
Committees on Appropriations.
    In addition, such sums as may be necessary for administrative 
expenses to carry out the credit program may be derived from amounts 
available for administrative expenses to carry out the credit and 
insurance programs in the Overseas Private Investment Corporation 
Noncredit Account and merged with said account.

                      trade and development agency

    For necessary expenses to carry out the provisions of section 661 
of the Foreign Assistance Act of 1961, $57,600,000, to remain available 
until September 30, 2014:  Provided, That of the funds appropriated 
under this heading, not more than $2,000 may be available for 
representation and entertainment expenses.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

    Sec. 7001.  Funds appropriated under title I of this Act shall be 
available, except as otherwise provided, for allowances and 
differentials as authorized by subchapter 59 of title 5, United States 
Code; for services as authorized by 5 U.S.C. 3109; and for hire of 
passenger transportation pursuant to 31 U.S.C. 1343(b).

                      unobligated balances report

    Sec. 7002.  Any department or agency of the United States 
Government to which funds are appropriated or otherwise made available 
by this Act shall provide to the Committees on Appropriations a 
quarterly accounting of cumulative unobligated balances and obligated, 
but unexpended, balances by program, project, and activity, and 
Treasury Account Fund Symbol of all funds received by such department 
or agency in fiscal year 2013 or any previous fiscal year, 
disaggregated by fiscal year:  Provided, That the report required by 
this section should specify by account the amount of funds obligated 
pursuant to bilateral agreements which have not been further sub-
obligated.

                          consulting services

    Sec. 7003.  The expenditure of any appropriation under title I of 
this Act for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where 
such expenditures are a matter of public record and available for 
public inspection, except where otherwise provided under existing law, 
or under existing Executive order issued pursuant to existing law.

                 construction of diplomatic facilities

    Sec. 7004. (a) Of funds provided under title I of this Act, except 
as provided in subsection (b), a project to construct a diplomatic 
facility of the United States may not include office space or other 
accommodations for an employee of a Federal agency or department if the 
Secretary of State determines that such department or agency has not 
provided to the Department of State the full amount of funding required 
by subsection (e) of section 604 of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7) 
of Public Law 106-113 and contained in appendix G of that Act; 113 
Stat. 1501A-453), as amended by section 629 of the Departments of 
Commerce, Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, 2005.
    (b) Notwithstanding the prohibition in subsection (a), a project to 
construct a diplomatic facility of the United States may include office 
space or other accommodations for members of the United States Marine 
Corps.
    (c) For the purposes of calculating the fiscal year 2013 costs of 
providing new United States diplomatic facilities in accordance with 
section 604(e) of the Secure Embassy Construction and Counterterrorism 
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in 
consultation with the Director of the Office of Management and Budget, 
shall determine the annual program level and agency shares in a manner 
that is proportional to the Department of State's contribution for this 
purpose.
    (d) Funds appropriated by this Act, and any prior Act making 
appropriations for the Department of State, foreign operations, and 
related programs, which may be made available for the acquisition of 
property for overseas diplomatic facilities, shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations.
    (e) Funds appropriated under titles I and II of this Act that are 
available for the construction or renovation of facilities in 
Afghanistan and Iraq may not be made available if the purpose is to 
accommodate staff in addition to those in place or to increase the 
capacity of aviation assets above those existing, on the date of 
enactment of this Act:  Provided, That none of the funds appropriated 
by this Act or prior acts making appropriations for the Department of 
State, foreign operations, and related programs may be made available 
for construction, rehabilitation, or other improvements to facilities 
in Iraq on property for which no land-use agreement has been entered 
into by the Governments of the United States and Iraq.
    (f) Not later than 90 days after enactment of this Act, and every 
90 days thereafter until September 30, 2014, the Secretary of State 
shall provide to the Committees on Appropriations an updated staffing 
plan for each Department of State facility in Afghanistan, a 
justification for the continuation of each on-going or planned 
construction project in Afghanistan, including the revised number of 
staff planned for each facility, and modifications to such construction 
projects to reflect planned reductions in staff.
    (g) Not later than 90 days after enactment of this Act, and every 
90 days thereafter until September 30, 2013, the Secretary of State 
shall provide to the Committees on Appropriations an updated plan for 
all Department of State construction projects in Iraq, a justification 
for the continuation of each such project in light of changes in the 
scope of United States activities in Iraq and related reductions in 
staff, updated cost estimates for each project and resulting savings, 
and the proposed use of such savings.
    (h) Not later than 180 days after enactment of this Act, the 
Secretary of State shall establish policies, standards, and procedures 
for the construction and operation of temporary and permanent 
diplomatic facilities in environments in which the Department of State 
does not traditionally operate or to accommodate temporary surges in 
personnel and programs:  Provided, That such guidelines shall consider 
cost-effectiveness, including a cost comparison of temporary versus 
permanent construction for the projected period the facility will be 
required, flexible security requirements, and collocation with other 
United States Government agencies, as appropriate:  Provided further, 
That the Secretary of State shall consult with the heads of the United 
States missions in Afghanistan and Iraq, and other Federal agencies, in 
developing such policies, standards, and procedures.

                           personnel actions

    Sec. 7005.  Any costs incurred by a department or agency funded 
under title I of this Act resulting from personnel actions taken in 
response to funding reductions included in this Act shall be absorbed 
within the total budgetary resources available under title I to such 
department or agency:  Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act:  Provided further, That use of funds to carry out this 
section shall be treated as a reprogramming of funds under section 7015 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section.

                         local guard contracts

    Sec. 7006.  In evaluating proposals for local guard contracts, the 
Secretary of State shall award contracts in accordance with section 136 
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(22 U.S.C. 4864), except that the Secretary may grant authorization to 
award such contracts on the basis of best value as determined by a 
cost-technical tradeoff analysis (as described in Federal Acquisition 
Regulation part 15.101) in Iraq, Afghanistan, Pakistan, and other 
hostile or high-risk areas notwithstanding subsection (c)(3) of such 
section:  Provided, That the authority in this section shall apply to 
any options for renewal that may be exercised under such contracts that 
are awarded during the current fiscal year:  Provided further, That 
prior to issuing a solicitation for a contract to be awarded pursuant 
to the authority under this section, the Secretary of State shall 
consult with the Committees on Appropriations and other relevant 
congressional committees.

        prohibition against direct funding for certain countries

    Sec. 7007.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance or reparations 
for the Governments of Cuba, North Korea, Iran, or Syria:  Provided, 
That for purposes of this section, the prohibition on obligations or 
expenditures shall include direct loans, credits, insurance and 
guarantees of the Export-Import Bank or its agents.

                              coups d'etat

    Sec. 7008.  None of the funds appropriated or otherwise made 
available pursuant to titles III through VI of this Act shall be 
obligated or expended to finance directly any assistance to the 
government of any country whose duly elected head of government is 
deposed by military coup d'etat or decree or, after the date of 
enactment of this Act, a coup d'etat or decree in which the military 
plays a decisive role:  Provided, That assistance may be resumed to 
such government if the President determines and certifies to the 
Committees on Appropriations that subsequent to the termination of 
assistance a democratically elected government has taken office:  
Provided further, That the provisions of this section shall not apply 
to assistance to promote democratic elections or public participation 
in democratic processes:  Provided further, That funds made available 
pursuant to the previous provisos shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                           transfer authority

    Sec. 7009. (a) Department of State and Broadcasting Board of 
Governors.--
            (1) Not to exceed 5 percent of any appropriation made 
        available for the current fiscal year for the Department of 
        State under title I of this Act may be transferred between such 
        appropriations, but no such appropriation, except as otherwise 
        specifically provided, shall be increased by more than 10 
        percent by any such transfers.
            (2) Not to exceed 5 percent of any appropriation made 
        available for the current fiscal year for the Broadcasting 
        Board of Governors under title I of this Act may be transferred 
        between such appropriations, but no such appropriation, except 
        as otherwise specifically provided, shall be increased by more 
        than 10 percent by any such transfers.
            (3) Any transfer pursuant to this section shall be treated 
        as a reprogramming of funds under subsections (a) and (b) of 
        section 7015 of this Act and shall not be available for 
        obligation or expenditure except in compliance with the 
        procedures set forth in that section.
    (b) Export Financing Transfer Authorities.--Not to exceed 5 percent 
of any appropriation other than for administrative expenses made 
available for fiscal year 2013, for programs under title VI of this Act 
may be transferred between such appropriations for use for any of the 
purposes, programs, and activities for which the funds in such 
receiving account may be used, but no such appropriation, except as 
otherwise specifically provided, shall be increased by more than 25 
percent by any such transfer:  Provided, That the exercise of such 
authority shall be subject to the regular notification procedures of 
the Committees on Appropriations.
    (c) Limitation on Transfers Between Agencies.--
            (1) None of the funds made available under titles II 
        through V of this Act may be transferred to any department, 
        agency, or instrumentality of the United States Government, 
        except pursuant to a transfer made by, or transfer authority 
        provided in, this Act or any other appropriations Act.
            (2) Notwithstanding paragraph (1), in addition to transfers 
        made by, or authorized elsewhere in, this Act, funds 
        appropriated by this Act to carry out the purposes of the 
        Foreign Assistance Act of 1961 and the Arms Export Control Act 
        may be allocated or transferred to agencies of the United 
        States Government pursuant to the provisions of sections 109, 
        610, and 632 of the Foreign Assistance Act of 1961.
            (3) Any agreement entered into by USAID or the Department 
        of State with any department, agency, or instrumentality of the 
        United States Government pursuant to section 632(b) of the 
        Foreign Assistance Act of 1961 valued in excess of $1,000,000 
        and any agreement made pursuant to section 632(a) of such Act, 
        with funds appropriated by this Act and prior Acts making 
        appropriations for the Department of State, foreign operations, 
        and related programs under the headings ``Global Health 
        Programs'', ``Development Assistance'', and ``Economic Support 
        Fund'' shall be subject to the regular notification procedures 
        of the Committees on Appropriations:  Provided, That the 
        requirement in the previous sentence shall not apply to 
        agreements entered into between USAID and the Department of 
        State.
    (d) Transfers Between Accounts.--None of the funds made available 
under titles II through V of this Act may be obligated under an 
appropriation account to which they were not appropriated, except for 
transfers specifically provided for in this Act, unless the President, 
not less than 5 days prior to the exercise of any authority contained 
in the Foreign Assistance Act of 1961 to transfer funds, consults with 
and provides a written policy justification to the Committees on 
Appropriations.
    (e) Audit of Inter-Agency Transfers.--Any agreement for the 
transfer or allocation of funds appropriated by this Act, or prior 
Acts, entered into between the Department of State or USAID and another 
agency of the United States Government under the authority of section 
632(a) of the Foreign Assistance Act of 1961 or any comparable 
provision of law, shall expressly provide that the Inspector General 
(IG) for the agency receiving the transfer or allocation of such funds, 
or other entity with audit responsibility if the receiving agency does 
not have an IG, shall perform periodic program and financial audits of 
the use of such funds:  Provided, That such audits shall be transmitted 
to the Committees on Appropriations:  Provided further, That funds 
transferred under such authority may be made available for the cost of 
such audits.

                         reporting requirement

    Sec. 7010.  The Secretary of State shall provide the Committees on 
Appropriations, not later than April 1, 2013, and for each fiscal 
quarter, a report in writing on the uses of funds made available under 
the headings ``Foreign Military Financing Program'', ``International 
Military Education and Training'', ``Peacekeeping Operations'', and 
``Pakistan Counterinsurgency Capability Fund'':  Provided, That such 
report shall include a description of the obligation and expenditure of 
funds, and the specific country in receipt of, and the use or purpose 
of, the assistance provided by such funds.

                         availability of funds

    Sec. 7011.  No part of any appropriation contained in this Act 
shall remain available for obligation after the expiration of the 
current fiscal year unless expressly so provided in this Act:  
Provided, That funds appropriated for the purposes of chapters 1 and 8 
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the 
Foreign Assistance Act of 1961, section 23 of the Arms Export Control 
Act, and funds provided under the headings ``Middle East and North 
Africa Incentive Fund'' and ``Development Credit Authority'', shall 
remain available for an additional 4 years from the date on which the 
availability of such funds would otherwise have expired, if such funds 
are initially obligated before the expiration of their respective 
periods of availability contained in this Act:  Provided further, That 
notwithstanding any other provision of this Act, any funds made 
available for the purposes of chapter 1 of part I and chapter 4 of part 
II of the Foreign Assistance Act of 1961 which are allocated or 
obligated for cash disbursements in order to address balance of 
payments or economic policy reform objectives, shall remain available 
for an additional 4 years from the date on which the availability of 
such funds would otherwise have expired, if such funds are initially 
allocated or obligated before the expiration of their respective 
periods of availability contained in this Act:  Provided further, That 
the Secretary of State shall provide a report to the Committees on 
Appropriations at the beginning of each fiscal year, detailing by 
account and source year, the use of this authority during the previous 
fiscal year.

            limitation on assistance to countries in default

    Sec. 7012.  No part of any appropriation provided under titles III 
through VI in this Act shall be used to furnish assistance to the 
government of any country which is in default during a period in excess 
of 1 calendar year in payment to the United States of principal or 
interest on any loan made to the government of such country by the 
United States pursuant to a program for which funds are appropriated 
under this Act unless the President determines, following consultations 
with the Committees on Appropriations, that assistance for such country 
is in the national interest of the United States.

          prohibition on taxation of united states assistance

    Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
appropriated under titles III through VI of this Act may be made 
available to provide assistance for a foreign country under a new 
bilateral agreement governing the terms and conditions under which such 
assistance is to be provided unless such agreement includes a provision 
stating that assistance provided by the United States shall be exempt 
from taxation, or reimbursed, by the foreign government, and the 
Secretary of State shall expeditiously seek to negotiate amendments to 
existing bilateral agreements, as necessary, to conform with this 
requirement.
    (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200 
percent of the total taxes assessed during fiscal year 2013 on funds 
appropriated by this Act by a foreign government or entity against 
commodities financed under United States assistance programs for which 
funds are appropriated by this Act, either directly or through 
grantees, contractors, and subcontractors shall be withheld from 
obligation from funds appropriated for assistance for fiscal year 2014 
and allocated for the central government of such country and for the 
West Bank and Gaza program to the extent that the Secretary of State 
certifies and reports in writing to the Committees on Appropriations 
that such taxes have not been reimbursed to the Government of the 
United States.
    (c) De Minimis Exception.--Foreign taxes of a de minimis nature 
shall not be subject to the provisions of subsection (b).
    (d) Reprogramming of Funds.--Funds withheld from obligation for 
each country or entity pursuant to subsection (b) shall be reprogrammed 
for assistance to countries which do not assess taxes on United States 
assistance or which have an effective arrangement that is providing 
substantial reimbursement of such taxes.
    (e) Determinations.--
            (1) The provisions of this section shall not apply to any 
        country or entity the Secretary of State determines--
                    (A) does not assess taxes on United States 
                assistance or which has an effective arrangement that 
                is providing substantial reimbursement of such taxes; 
                or
                    (B) the foreign policy interests of the United 
                States outweigh the purpose of this section to ensure 
                that United States assistance is not subject to 
                taxation.
            (2) The Secretary of State shall consult with the 
        Committees on Appropriations at least 15 days prior to 
        exercising the authority of this subsection with regard to any 
        country or entity.
    (f) Implementation.--The Secretary of State shall issue rules, 
regulations, or policy guidance, as appropriate, to implement the 
prohibition against the taxation of assistance contained in this 
section.
    (g) Definitions.--As used in this section--
            (1) the terms ``taxes'' and ``taxation'' refer to value 
        added taxes and customs duties imposed on commodities financed 
        with United States assistance for programs for which funds are 
        appropriated by this Act; and
            (2) the term ``bilateral agreement'' refers to a framework 
        bilateral agreement between the Government of the United States 
        and the government of the country receiving assistance that 
        describes the privileges and immunities applicable to United 
        States foreign assistance for such country generally, or an 
        individual agreement between the Government of the United 
        States and such government that describes, among other things, 
        the treatment for tax purposes that will be accorded the United 
        States assistance provided under that agreement.
    (h) Report.--The Secretary of State shall submit a report to the 
Committees on Appropriations not later than 90 days after the enactment 
of this Act detailing steps taken by the Department of State to comply 
with the requirements provided in subsections (a) and (f).

                         reservations of funds

    Sec. 7014. (a) Funds appropriated under titles II through VI of 
this Act which are specifically designated may be reprogrammed for 
other programs within the same account notwithstanding the designation 
if compliance with the designation is made impossible by operation of 
any provision of this or any other Act:  Provided, That any such 
reprogramming shall be subject to the regular notification procedures 
of the Committees on Appropriations:  Provided further, That assistance 
that is reprogrammed pursuant to this subsection shall be made 
available under the same terms and conditions as originally provided.
    (b) In addition to the authority contained in subsection (a), the 
original period of availability of funds appropriated by this Act and 
administered by USAID that are specifically designated for particular 
programs or activities by this or any other Act shall be extended for 
an additional fiscal year if the USAID Administrator determines and 
reports promptly to the Committees on Appropriations that the 
termination of assistance to a country or a significant change in 
circumstances makes it unlikely that such designated funds can be 
obligated during the original period of availability:  Provided, That 
such designated funds that continue to be available for an additional 
fiscal year shall be obligated only for the purpose of such 
designation.
    (c) Ceilings and specifically designated funding levels contained 
in this Act shall not be applicable to funds or authorities 
appropriated or otherwise made available by any subsequent Act unless 
such Act specifically so directs:  Provided, That specifically 
designated funding levels or minimum funding requirements contained in 
any other Act shall not be applicable to funds appropriated by this 
Act.

                       notification requirements

    Sec. 7015. (a) None of the funds made available in title I of this 
Act, or in prior appropriations Acts to the agencies and departments 
funded by this Act that remain available for obligation or expenditure 
in fiscal year 2013, or provided from any accounts in the Treasury of 
the United States derived by the collection of fees or of currency 
reflows or other offsetting collections, or made available by transfer, 
to the agencies and departments funded by this Act, shall be available 
for obligation or expenditure through a reprogramming of funds that--
            (1) creates new programs;
            (2) eliminates a program, project, or activity;
            (3) increases funds or personnel by any means for any 
        project or activity for which funds have been denied or 
        restricted;
            (4) relocates an office or employees;
            (5) closes or opens a mission or post;
            (6) creates, closes, reorganizes, or renames bureaus, 
        centers, or offices;
            (7) reorganizes programs or activities; or
            (8) contracts out or privatizes any functions or activities 
        presently performed by Federal employees;
    
unless the Committees on Appropriations are notified 15 days in advance 
of such reprogramming of funds:  Provided, That unless previously 
justified to the Committees on Appropriations, the requirements of this 
subsection shall apply to all obligations of funds appropriated under 
title I of this Act for paragraphs (5) and (6) of this subsection.
    (b) None of the funds provided under title I of this Act, or 
provided under previous appropriations Acts to the agency or department 
funded under title I of this Act that remain available for obligation 
or expenditure in fiscal year 2013, or provided from any accounts in 
the Treasury of the United States derived by the collection of fees 
available to the agency or department funded under title I of this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$1,000,000 or 10 percent, whichever is less, that--
            (1) augments existing programs, projects, or activities;
            (2) reduces by 10 percent funding for any existing program, 
        project, or activity, or numbers of personnel by 10 percent as 
        approved by Congress; or
            (3) results from any general savings, including savings 
        from a reduction in personnel, which would result in a change 
        in existing programs, activities, or projects as approved by 
        Congress; unless the Committees on Appropriations are notified 
        15 days in advance of such reprogramming of funds.
    (c) None of the funds made available under titles II through VI and 
VIII in this Act under the headings ``Global Health Programs'', 
``Development Assistance'', ``International Organizations and 
Programs'', ``Trade and Development Agency'', ``International Narcotics 
Control and Law Enforcement'', ``Economic Support Fund'', ``Democracy 
Fund'', ``Middle East and North Africa Incentive Fund'', ``Peacekeeping 
Operations'', ``Capital Investment Fund'', ``Operating Expenses'', 
``Office of Inspector General'', ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', ``Millennium Challenge Corporation'', 
``Foreign Military Financing Program'', ``International Military 
Education and Training'', ``Pakistan Counterinsurgency Capability 
Fund'', and ``Peace Corps'', shall be available for obligation for 
activities, programs, projects, type of materiel assistance, countries, 
or other operations not justified or in excess of the amount justified 
to the Committees on Appropriations for obligation under any of these 
specific headings unless the Committees on Appropriations are notified 
15 days in advance:  Provided, That the President shall not enter into 
any commitment of funds appropriated for the purposes of section 23 of 
the Arms Export Control Act for the provision of major defense 
equipment, other than conventional ammunition, or other major defense 
items defined to be aircraft, ships, missiles, or combat vehicles, not 
previously justified to Congress or 20 percent in excess of the 
quantities justified to Congress unless the Committees on 
Appropriations are notified 15 days in advance of such commitment:  
Provided further, That requirements of this subsection or any similar 
provision of any other Act shall not apply to any reprogramming for an 
activity, program, or project for which funds are appropriated under 
titles II through VI and VIII of this Act of less than 10 percent of 
the amount previously justified to the Congress for obligation for such 
activity, program, or project for the current fiscal year.
    (d) Notwithstanding any other provision of law, with the exception 
of funds transferred to, and merged with, funds appropriated under 
title I of this Act, funds transferred by the Department of Defense to 
the Department of State and USAID for assistance for foreign countries 
and international organizations, and funds made available for programs 
authorized by section 1206 of the National Defense Authorization Act 
for Fiscal Year 2006 (Public Law 109-163), shall be subject to the 
regular notification procedures of the Committees on Appropriations.
    (e) The requirements of this section or any similar provision of 
this Act or any other Act, including any prior Act requiring 
notification in accordance with the regular notification procedures of 
the Committees on Appropriations, may be waived if failure to do so 
would pose a substantial risk to human health or welfare:  Provided, 
That in case of any such waiver, notification to the Committees on 
Appropriations shall be provided as early as practicable, but in no 
event later than 3 days after taking the action to which such 
notification requirement was applicable, in the context of the 
circumstances necessitating such waiver:  Provided further, That any 
notification provided pursuant to such a waiver shall contain an 
explanation of the emergency circumstances.
    (f) None of the funds appropriated under titles III, IV, and VIII 
of this Act shall be obligated or expended for assistance for 
Afghanistan, Bahrain, Bangladesh, Burma, Cambodia, Colombia, Cuba, 
Egypt, Ethiopia, Guatemala, Haiti, Honduras, Indonesia, Iran, Iraq, 
Kazakhstan, Kenya, Libya, Mexico, Nepal, Pakistan, Philippines, the 
Russian Federation, Serbia, Somalia, Sri Lanka, South Sudan, Sudan, 
Syria, Uzbekistan, Yemen, or Zimbabwe except as provided through the 
regular notification procedures of the Committees on Appropriations.

                notification on excess defense equipment

    Sec. 7016.  Prior to providing excess Department of Defense 
articles in accordance with section 516(a) of the Foreign Assistance 
Act of 1961, the Department of Defense shall notify the Committees on 
Appropriations to the same extent and under the same conditions as 
other committees pursuant to subsection (f) of that section:  Provided, 
That before issuing a letter of offer to sell excess defense articles 
under the Arms Export Control Act, the Department of Defense shall 
notify the Committees on Appropriations in accordance with the regular 
notification procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) of the Arms 
Export Control Act) or are valued (in terms of original acquisition 
cost) at $7,000,000 or more, or if notification is required elsewhere 
in this Act for the use of appropriated funds for specific countries 
that would receive such excess defense articles:  Provided further, 
That such Committees shall also be informed of the original acquisition 
cost of such defense articles.

limitation on availability of funds for international organizations and 
                                programs

    Sec. 7017.  Subject to the regular notification procedures of the 
Committees on Appropriations, funds appropriated under titles III 
through VI of this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, which 
are returned or not made available for organizations and programs 
because of the implementation of section 307(a) of the Foreign 
Assistance Act of 1961 or section 7049(a) of this Act, shall remain 
available for obligation until September 30, 2014.

   prohibition on funding for abortions and involuntary sterilization

    Sec. 7018.  None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be used to pay for 
the performance of abortions as a method of family planning or to 
motivate or coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assistance Act of 
1961, as amended, may be used to pay for the performance of involuntary 
sterilization as a method of family planning or to coerce or provide 
any financial incentive to any person to undergo sterilizations. None 
of the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay for any 
biomedical research which relates in whole or in part, to methods of, 
or the performance of, abortions or involuntary sterilization as a 
means of family planning. None of the funds made available to carry out 
part I of the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if the President 
certifies that the use of these funds by any such country or 
organization would violate any of the above provisions related to 
abortions and involuntary sterilizations.

                              allocations

    Sec. 7019. (a) Funds provided in this Act shall be made available 
for programs and countries in the amounts contained in the respective 
tables included in the report accompanying this Act.
    (b) For the purposes of implementing this section and only with 
respect to the tables included in the report accompanying this Act, the 
Secretary of State, the USAID Administrator and the Broadcasting Board 
of Governors, as appropriate, may propose deviations to the amounts 
referenced in subsection (a), subject to the regular notification 
procedures of the Committees on Appropriations.

        limitations on representation and entertainment expenses

    Sec. 7020. (a) Each Federal department, agency, or entity funded in 
titles I and II of this Act, and the Department of Treasury and 
independent agencies funded in titles III and VI of this Act, shall 
take steps to ensure that all expenses for domestic and overseas 
representation and entertainment are only for meals and events of a 
protocol nature that are not incident to a conference, meeting, or 
other business of such department, agency, or entity:  Provided, That 
such meals and events shall not be for employee-only events (such as 
retirement and holiday parties), and shall be primarily for fostering 
relations outside of the executive branch:  Provided further, That 
entertainment expenses may not include activities that are 
substantially of a recreational character, including but not limited to 
entrance fees at sporting events, theatrical and musical productions, 
and amusement parks:  Provided further, That each such department, 
agency, and entity shall provide to the Committees on Appropriations 
not later than 90 days after enactment of this Act its policy on the 
use of representation and entertainment funds.
    (b) None of the funds appropriated or otherwise made available by 
this Act under the headings ``International Military Education and 
Training'' or ``Foreign Military Financing Program'' for Informational 
Program activities or under the headings ``Global Health Programs'', 
``Development Assistance'', and ``Economic Support Fund'' may be 
obligated or expended to pay for--
            (1) alcoholic beverages; or
            (2) entertainment expenses for activities that are 
        substantially of a recreational character, including but not 
        limited to entrance fees at sporting events, theatrical and 
        musical productions, and amusement parks.

   prohibition on assistance to governments supporting international 
                               terrorism

    Sec. 7021. (a) Lethal Military Equipment Exports.--
            (1) None of the funds appropriated or otherwise made 
        available by titles III through VI of this Act may be available 
        to any foreign government which provides lethal military 
        equipment to a country the government of which the Secretary of 
        State has determined supports international terrorism for 
        purposes of section 6(j) of the Export Administration Act of 
        1979:  Provided, That the prohibition under this section with 
        respect to a foreign government shall terminate 12 months after 
        that government ceases to provide such military equipment:  
        Provided further, That this section applies with respect to 
        lethal military equipment provided under a contract entered 
        into after October 1, 1997.
            (2) Assistance restricted by paragraph (1) or any other 
        similar provision of law, may be furnished if the President 
        determines that to do so is important to the national interests 
        of the United States.
            (3) Whenever the President makes a determination pursuant 
        to paragraph (2), the President shall submit to the Committees 
        on Appropriations a report with respect to the furnishing of 
        such assistance, including a detailed explanation of the 
        assistance to be provided, the estimated dollar amount of such 
        assistance, and an explanation of how the assistance furthers 
        U.S. national interests.
    (b) Bilateral Assistance.--
            (1) Funds appropriated for bilateral assistance in titles 
        III through VI of this Act and funds appropriated under any 
        such title in prior acts making appropriations for the 
        Department of State, foreign operations, and related programs, 
        shall not be made available to any foreign government which the 
        President determines--
                    (A) grants sanctuary from prosecution to any 
                individual or group which has committed an act of 
                international terrorism;
                    (B) otherwise supports international terrorism; or
                    (C) is controlled by an organization designated as 
                a terrorist organization under section 219 of the 
                Immigration and Nationality Act.
            (2) The President may waive the application of paragraph 
        (1) to a government if the President determines that national 
        security or humanitarian reasons justify such waiver:  
        Provided, That the President shall publish each such waiver in 
        the Federal Register and, at least 15 days before the waiver 
        takes effect, shall notify the Committees on Appropriations of 
        the waiver (including the justification for the waiver) in 
        accordance with the regular notification procedures of the 
        Committees on Appropriations.

                       authorization requirements

    Sec. 7022.  Funds appropriated by this Act, except funds 
appropriated under the heading ``Trade and Development Agency'', may be 
obligated and expended notwithstanding section 10 of Public Law 91-672, 
section 15 of the State Department Basic Authorities Act of 1956, 
section 313 of the Foreign Relations Authorization Act, Fiscal Years 
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the 
National Security Act of 1947 (50 U.S.C. 414(a)(1)).

              definition of program, project, and activity

    Sec. 7023.  For the purpose of titles I through VI of this Act 
``program, project, and activity'' shall be defined at the 
appropriations Act account level and shall include all appropriations 
and authorizations Acts funding directives, ceilings, and limitations 
with the exception that for the following accounts: ``Economic Support 
Fund'' and ``Foreign Military Financing Program'', ``program, project, 
and activity'' shall also be considered to include country, regional, 
and central program level funding within each such account; and for the 
development assistance accounts of USAID ``program, project, and 
activity'' shall also be considered to include central, country, 
regional, and program level funding, either as--
            (1) justified to the Congress; or
            (2) allocated by the executive branch in accordance with a 
        report, to be provided to the Committees on Appropriations 
        within 30 days of the enactment of this Act, as required by 
        section 653(a) of the Foreign Assistance Act of 1961.

authorities for the peace corps, inter-american foundation and african 
                         development foundation

    Sec. 7024.  Unless expressly provided to the contrary, provisions 
of this or any other Act, including provisions contained in prior Acts 
authorizing or making appropriations for the Department of State, 
foreign operations, and related programs, shall not be construed to 
prohibit activities authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act or the African Development 
Foundation Act:  Provided, That prior to conducting activities in a 
country for which assistance is prohibited, the agency shall consult 
with the Committees on Appropriations and report to such Committees 
within 15 days of taking such action.

                commerce, trade and surplus commodities

    Sec. 7025. (a) None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for direct assistance and 
none of the funds otherwise made available to the Export-Import Bank 
and the Overseas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other financial 
commitments for establishing or expanding production of any commodity 
for export by any country other than the United States, if the 
commodity is likely to be in surplus on world markets at the time the 
resulting productive capacity is expected to become operative and if 
the assistance will cause substantial injury to United States producers 
of the same, similar, or competing commodity:  Provided, That such 
prohibition shall not apply to the Export-Import Bank if in the 
judgment of its Board of Directors the benefits to industry and 
employment in the United States are likely to outweigh the injury to 
United States producers of the same, similar, or competing commodity, 
and the Chairman of the Board so notifies the Committees on 
Appropriations:  Provided further, That this subsection shall not 
prohibit--
            (1) activities in a country that is eligible for assistance 
        from the International Development Association, is not eligible 
        for assistance from the International Bank for Reconstruction 
        and Development, and does not export on a consistent basis the 
        commodity with respect to which assistance is furnished; or
            (2) activities in a country recovering from widespread 
        conflict, a humanitarian crisis, or a complex emergency.
    (b) None of the funds appropriated by this or any other Act to 
carry out chapter 1 of part I of the Foreign Assistance Act of 1961 
shall be available for any testing or breeding feasibility study, 
variety improvement or introduction, consultancy, publication, 
conference, or training in connection with the growth or production in 
a foreign country of an agricultural commodity for export which would 
compete with a similar commodity grown or produced in the United 
States:  Provided, That this subsection shall not prohibit--
            (1) activities designed to increase food security in 
        developing countries where such activities will not have a 
        significant impact on the export of agricultural commodities of 
        the United States;
            (2) research activities intended primarily to benefit 
        American producers;
            (3) activities in a country that is eligible for assistance 
        from the International Development Association, is not eligible 
        for assistance from the International Bank for Reconstruction 
        and Development, and does not export on a consistent basis the 
        agricultural commodity with respect to which assistance is 
        furnished; or
            (4) activities in a country recovering from widespread 
        conflict, a humanitarian crisis, or a complex emergency.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Directors of the international financial institutions, as 
defined in section 7029(e) of this Act, to use the voice and vote of 
the United States to oppose any assistance by such institutions, using 
funds appropriated or made available by this Act, for the production or 
extraction of any commodity or mineral for export, if it is in surplus 
on world markets and if the assistance will cause substantial injury to 
United States producers of the same, similar, or competing commodity.

                           separate accounts

    Sec. 7026. (a) Separate Accounts for Local Currencies.--
            (1) If assistance is furnished to the government of a 
        foreign country under chapters 1 and 10 of part I or chapter 4 
        of part II of the Foreign Assistance Act of 1961 under 
        agreements which result in the generation of local currencies 
        of that country, the USAID Administrator shall--
                    (A) require that local currencies be deposited in a 
                separate account established by that government;
                    (B) enter into an agreement with that government 
                which sets forth--
                            (i) the amount of the local currencies to 
                        be generated; and
                            (ii) the terms and conditions under which 
                        the currencies so deposited may be utilized, 
                        consistent with this section; and
                    (C) establish by agreement with that government the 
                responsibilities of USAID and that government to 
                monitor and account for deposits into and disbursements 
                from the separate account.
            (2) Uses of local currencies.--As may be agreed upon with 
        the foreign government, local currencies deposited in a 
        separate account pursuant to subsection (a), or an equivalent 
        amount of local currencies, shall be used only--
                    (A) to carry out chapter 1 or 10 of part I or 
                chapter 4 of part II of the Foreign Assistance Act of 
                1961 (as the case may be), for such purposes as--
                            (i) project and sector assistance 
                        activities; or
                            (ii) debt and deficit financing; or
                    (B) for the administrative requirements of the 
                United States Government.
            (3) Programming accountability.--USAID shall take all 
        necessary steps to ensure that the equivalent of the local 
        currencies disbursed pursuant to subsection (a)(2)(A) from the 
        separate account established pursuant to subsection (a)(1) are 
        used for the purposes agreed upon pursuant to subsection 
        (a)(2).
            (4) Termination of assistance programs.--Upon termination 
        of assistance to a country under chapter 1 or 10 of part I or 
        chapter 4 of part II of the Foreign Assistance Act of 1961 (as 
        the case may be), any unencumbered balances of funds which 
        remain in a separate account established pursuant to subsection 
        (a) shall be disposed of for such purposes as may be agreed to 
        by the government of that country and the United States 
        Government.
            (5) Reporting requirement.--The USAID Administrator shall 
        report on an annual basis as part of the justification 
        documents submitted to the Committees on Appropriations on the 
        use of local currencies for the administrative requirements of 
        the United States Government as authorized in subsection 
        (a)(2)(B), and such report shall include the amount of local 
        currency (and United States dollar equivalent) used and/or to 
        be used for such purpose in each applicable country.
    (b) Separate Accounts for Cash Transfers.--
            (1) If assistance is made available to the government of a 
        foreign country, under chapter 1 or 10 of part I or chapter 4 
        of part II of the Foreign Assistance Act of 1961, as cash 
        transfer assistance or as nonproject sector assistance, that 
        country shall be required to maintain such funds in a separate 
        account and not commingle them with any other funds.
            (2) Applicability of other provisions of law.--Such funds 
        may be obligated and expended notwithstanding provisions of law 
        which are inconsistent with the nature of this assistance 
        including provisions which are referenced in the Joint 
        Explanatory Statement of the Committee of Conference 
        accompanying House Joint Resolution 648 (House Report No. 98-
        1159).
            (3) Notification.--At least 15 days prior to obligating any 
        such cash transfer or nonproject sector assistance, the 
        President shall submit a notification through the regular 
        notification procedures of the Committees on Appropriations, 
        which shall include a detailed description of how the funds 
        proposed to be made available will be used, with a discussion 
        of the United States interests that will be served by the 
        assistance (including, as appropriate, a description of the 
        economic policy reforms that will be promoted by such 
        assistance).
            (4) Exemption.--Nonproject sector assistance funds may be 
        exempt from the requirements of subsection (b)(1) only through 
        the regular notification procedures of the Committees on 
        Appropriations.

                       eligibility for assistance

    Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to 
assistance for a country shall not be construed to restrict assistance 
in support of programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of chapters 1, 10, 
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance 
Act of 1961, and from funds appropriated under the heading ``Middle 
East and North Africa Incentive Fund'':  Provided, That before using 
the authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations, the President shall notify 
the Committees on Appropriations under the regular notification 
procedures of those committees, including a description of the program 
to be assisted, the assistance to be provided, and the reasons for 
furnishing such assistance:  Provided further, That nothing in this 
subsection shall be construed to alter any existing statutory 
prohibitions against abortion or involuntary sterilizations contained 
in this or any other Act.
    (b) Public Law 480.--During fiscal year 2013, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the Food 
for Peace Act (Public Law 83-480), as amended:  Provided, That none of 
the funds appropriated to carry out title I of such Act and made 
available pursuant to this subsection may be obligated or expended 
except as provided through the regular notification procedures of the 
Committees on Appropriations.
    (c) Exception.--This section shall not apply--
            (1) with respect to section 620A of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to countries that support international terrorism; 
        or
            (2) with respect to section 116 of the Foreign Assistance 
        Act of 1961 or any comparable provision of law prohibiting 
        assistance to the government of a country that violates 
        internationally recognized human rights.

                  impact on jobs in the united states

    Sec. 7028.  None of the funds appropriated under titles III through 
VI of this Act may be obligated or expended to provide--
            (1) any financial incentive to a business enterprise 
        currently located in the United States for the purpose of 
        inducing such an enterprise to relocate outside the United 
        States if such incentive or inducement is likely to reduce the 
        number of employees of such business enterprise in the United 
        States because United States production is being replaced by 
        such enterprise outside the United States; or
            (2) assistance for any program, project, or activity that 
        contributes to the violation of internationally recognized 
        workers rights, as defined in section 507(4) of the Trade Act 
        of 1974, of workers in the recipient country, including any 
        designated zone or area in that country:  Provided, That the 
        application of section 507(4) (D) and (E) of such Act should be 
        commensurate with the level of development of the recipient 
        country and sector, and shall not preclude assistance for the 
        informal sector in such country, micro and small-scale 
        enterprise, and smallholder agriculture.

                  international financial institutions

    Sec. 7029. (a) None of the funds appropriated under title V of this 
Act may be made as payment to any international financial institution 
while the United States executive director to such institution is 
compensated by the institution at a rate which, together with whatever 
compensation such executive director receives from the United States, 
is in excess of the rate provided for an individual occupying a 
position at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code, or while any alternate United States 
executive director to such institution is compensated by the 
institution at a rate in excess of the rate provided for an individual 
occupying a position at level V of the Executive Schedule under section 
5316 of title 5, United States Code.
    (b) The Secretary of the Treasury shall instruct the United States 
executive director of each international financial institution to 
oppose any loan, grant, strategy or policy of such institution that 
would require user fees or service charges on poor people for primary 
education or primary healthcare, including maternal and child health, 
and the prevention, care and treatment of HIV/AIDS, malaria, and 
tuberculosis in connection with such institution's financing programs.
    (c) The Secretary of the Treasury shall instruct the United States 
Executive Director of the International Monetary Fund (IMF) to use the 
voice and vote of the United States to oppose any loan, project, 
agreement, memorandum, instrument, plan, or other program of the IMF to 
a Heavily Indebted Poor Country that imposes budget caps or restraints 
that do not allow the maintenance of or an increase in governmental 
spending on healthcare or education; and to promote government spending 
on healthcare, education, agriculture and food security, or other 
critical safety net programs in all of the IMF's activities with 
respect to Heavily Indebted Poor Countries.
    (d) Of the funds appropriated by this Act that are available for a 
United States contribution to the general capital increases of the 
International Bank for Reconstruction and Development, the African 
Development Bank, the Asian Development Bank, and the Inter-American 
Development Bank, 10 percent of each such contribution may not be 
obligated or expended until the Secretary of the Treasury reports to 
the Committees on Appropriations that such institution is implementing 
best practices for the protection of whistleblowers from retaliation, 
including best practices for legal burdens of proof, access to 
independent adjudicative bodies, results that eliminate the effects of 
retaliation, and statutes of limitation for reporting retaliation.
    (e) For the purposes of this Act ``international financial 
institutions'' shall mean the International Bank for Reconstruction and 
Development, the International Development Association, the 
International Finance Corporation, the Inter-American Development Bank, 
the International Monetary Fund, the Asian Development Bank, the Asian 
Development Fund, the Inter-American Investment Corporation, the North 
American Development Bank, the European Bank for Reconstruction and 
Development, the African Development Bank and the African Development 
Fund.

                          debt-for-development

    Sec. 7030.  In order to enhance the continued participation of 
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or 
contractor of USAID may place in interest bearing accounts local 
currencies which accrue to that organization as a result of economic 
assistance provided under title III of this Act and, subject to the 
regular notification procedures of the Committees on Appropriations, 
any interest earned on such investment shall be used for the purpose 
for which the assistance was provided to that organization.

              financial management and budget transparency

    Sec. 7031. (a) Limitation on Direct Government-to-Government 
Assistance.--
            (1) Funds appropriated by this Act may be made available 
        for direct Government-to-Government assistance only if--
                    (A) each implementing agency or ministry to receive 
                assistance has been assessed and is considered to have 
                the systems required to manage such assistance and any 
                identified vulnerabilities or weaknesses of such agency 
                or ministry have been addressed; and
                            (i) the recipient agency or ministry 
                        employs and utilizes staff with the necessary 
                        technical, financial, and management 
                        capabilities;
                            (ii) the recipient agency or ministry has 
                        adopted competitive procurement policies and 
                        systems;
                            (iii) effective monitoring and evaluation 
                        systems are in place to ensure that such 
                        assistance is used for its intended purposes; 
                        and
                            (iv) no level of acceptable fraud is 
                        assumed; and
                    (B) the Government of the United States and the 
                government of the recipient country have agreed, in 
                writing, on clear and achievable objectives for the use 
                of such assistance.
            (2) In addition to the requirements in subsection (a), no 
        funds may be made available for such assistance without prior 
        consultation with, and notification to, the Committees on 
        Appropriations:  Provided, That such notification shall contain 
        an explanation of how the proposed activity meets the 
        requirements of paragraph (1):  Provided further, That the 
        requirements of this paragraph shall only apply to direct 
        Government-to-Government assistance with a cumulative value 
        exceeding $50,000,000 and to all funds available for cash 
        payments to individuals.
            (3) The USAID Administrator or the Secretary of State, as 
        appropriate, shall suspend any such assistance if the 
        Administrator or the Secretary has credible information of 
        material misuse of such assistance, unless the Administrator or 
        the Secretary determines and reports to the Committees on 
        Appropriations that it is in the national interest of the 
        United States to continue such assistance.
            (4) The Secretary of State shall submit to the Committees 
        on Appropriations, concurrent with the fiscal year 2014 
        congressional budget justification materials, amounts planned 
        for assistance described in subsection (a) by country, proposed 
        funding amount, source of funds, and type of assistance.
    (b) National Budget and Contract Transparency.--
            (1) Minimum standards of fiscal transparency.--Not later 
        than 90 days after enactment of this Act, the Secretary of 
        State shall develop, for each government receiving assistance 
        appropriated by this Act, ``minimum standards of fiscal 
        transparency'' which shall be updated and strengthened, as 
        appropriate, to reflect best practices.
            (2) Definition.--For purposes of paragraph (1), ``minimum 
        standards of fiscal transparency'' are standards developed in 
        accordance with subsection (a) and shall include standards for 
        the public disclosure of national budget information, including 
        receipts and expenditures by ministry, and government contracts 
        and licenses for natural resource extraction, to include 
        bidding and concession allocation practices.
            (3) Determination and report.--For each government 
        identified pursuant to paragraph (1), the Secretary of State, 
        not later than 180 days after enactment of this Act and 
        annually thereafter, shall make a determination of 
        ``significant progress'' or ``no significant progress'' in 
        meeting minimum standards of fiscal transparency, and make such 
        determinations publicly available in an annual ``Fiscal 
        Transparency Report'' to be posted on the Department of State's 
        Web site:  Provided, That the Secretary shall identify any 
        steps taken by each such government to publicly disclose 
        national budget information which are additional to those taken 
        in previous fiscal years, include specific recommendations of 
        short- and long-term steps such government can take to improve 
        budget transparency, and identify benchmarks for measuring 
        progress.
            (4) Assistance.--Of the funds appropriated under title III 
        of this Act, not less than $10,000,000 shall be made available 
        for programs and activities to assist governments identified 
        pursuant to paragraph (1) to improve budget transparency and to 
        support civil society organizations in such countries that 
        promote budget transparency:  Provided, That such sums shall be 
        in addition to funds otherwise made available for such 
        purposes.
    (c) Anti-Kleptocracy.--
            (1) Officials of foreign governments and their immediate 
        family members who the Secretary of State has credible 
        information have been involved in significant corruption, 
        including corruption related to the extraction of natural 
        resources, shall be ineligible for entry into the United 
        States.
            (2) Individuals shall not be ineligible if entry into the 
        United States would further important United States law 
        enforcement objectives or is necessary to permit the United 
        States to fulfill its obligations under the United Nations 
        Headquarters Agreement:  Provided, That nothing in this 
        provision shall be construed to derogate from United States 
        Government obligations under applicable international 
        agreements.
            (3) The Secretary may waive the application of paragraph 
        (1) if the Secretary determines that the waiver would serve a 
        compelling national interest or that the circumstances which 
        caused the individual to be ineligible have changed 
        sufficiently.
            (4) Not later than 90 days after enactment of this Act and 
        180 days thereafter, the Secretary of State shall submit a 
        report, in classified form if necessary, to the Committees on 
        Appropriations describing the information relating to 
        corruption concerning each of the individuals found ineligible 
        pursuant to paragraph (1), or who would be ineligible but for 
        the application of paragraph (2), a list of any waivers 
        provided under subsection (3), and the justification for each 
        waiver.
    (d) Foreign Assistance Web Site.--Funds appropriated by this Act 
shall be made available to expand information on United States 
Government foreign assistance posted on the foreignassistance.gov Web 
site:  Provided, That all Federal agencies funded under this Act shall 
provide such information on foreign assistance, upon request, to the 
Department of State:  Provided further, That not later than 180 days 
after enactment of this Act, the Secretary of State shall submit a 
report to the Committees on Appropriations assessing the cooperation of 
the heads of other Federal agencies in providing the Department of 
State with foreign assistance information administered by such 
agencies, in a standardized format:  Provided further, That the 
Secretary of State shall seek such foreign assistance information from 
prior fiscal years, beginning in fiscal year 2011.

             authority to engage in debt buybacks or sales

    Sec. 7032. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section:  Provided, 
        That such agency shall make adjustment in its accounts to 
        reflect the sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                           multi-year pledges

    Sec. 7033.  None of the funds appropriated by this Act may be used 
to make any pledge for future year funding for any multilateral or 
bilateral program funded in titles III through VI of this Act unless 
such pledge was--
            (1) previously justified, including the projected future 
        year costs, in a congressional budget justification;
            (2) included in an Act making appropriations for the 
        Department of State, foreign operations, and related programs 
        or previously authorized by an Act of Congress;
            (3) notified in accordance with the regular notification 
        procedures of the Committees on Appropriations, including the 
        projected future year costs; or
            (4) the subject of prior consultation with the Committees 
        on Appropriations and such consultation was conducted at least 
        7 days in advance of the pledge.

                           special provisions

    Sec. 7034. (a) Victims of War, Displaced Children, and Displaced 
Burmese.--Funds appropriated in titles III and VI of this Act that are 
made available for victims of war, displaced children, displaced 
Burmese, and to combat trafficking in persons and assist victims of 
such trafficking, may be made available notwithstanding any other 
provision of law.
    (b) Reconstituting Civilian Police Authority.--In providing 
assistance with funds appropriated by this Act under section 660(b)(6) 
of the Foreign Assistance Act of 1961, support for a nation emerging 
from instability may be deemed to mean support for regional, district, 
municipal, or other sub-national entity emerging from instability, as 
well as a nation emerging from instability.
    (c) World Food Program.--Funds managed by the Bureau for Democracy, 
Conflict, and Humanitarian Assistance, USAID, from this or any other 
Act, shall be made available as a general contribution to the World 
Food Program, notwithstanding any other provision of law.
    (d) Disarmament, Demobilization and Reintegration.--Notwithstanding 
any other provision of law, regulation or Executive order, funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Economic Support Fund'', ``Middle East and North Africa 
Incentive Fund'', ``Peacekeeping Operations'', ``International Disaster 
Assistance'', and ``Transition Initiatives'' may be made available to 
support programs to disarm, demobilize, and reintegrate into civilian 
society former members of foreign terrorist organizations:  Provided, 
That the Secretary of State shall consult with the Committees on 
Appropriations prior to the obligation of funds pursuant to this 
subsection:  Provided further, That for the purposes of this subsection 
the term ``foreign terrorist organization'' means an organization 
designated as a terrorist organization under section 219 of the 
Immigration and Nationality Act.
    (e) Contingencies.--During fiscal year 2013, the President may use 
up to $50,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding any other provision of law.
    (f) Democracy and Human Rights.--
            (1) Funds appropriated by this Act that are made available 
        for democracy and human rights programs may be made available 
        notwithstanding any other provision of law, and with regard to 
        the National Endowment for Democracy, any regulation.
            (2) For the purposes of funds appropriated by this Act, the 
        term ``democracy and human rights programs'' means programs 
        that support good governance, credible and competitive 
        elections, freedom of expression, association, assembly, and 
        religion, human rights, labor rights, independent media, and 
        the rule of law, and that otherwise strengthen the capacity of 
        democratic political parties, governments, nongovernmental 
        organizations and institutions, and citizens to support the 
        development of democratic states, and institutions that are 
        responsive and accountable to citizens.
            (3) With respect to the provision of assistance for 
        democracy, human rights and governance activities in this Act, 
        the organizations implementing such assistance, the specific 
        nature of that assistance, and participants in democracy and 
        human rights programs shall not be subject to the prior 
        approval by the government of any foreign country.
            (4) Funds appropriated under the heading ``Economic Support 
        Fund'' shall be made available to the Bureau of Democracy, 
        Human Rights, and Labor (DRL), Department of State, for 
        programs to promote human rights by expanding open and 
        uncensored access to information and communication as 
        identified in the Department of State's Internet freedom 
        strategy:  Provided, That funds made available by this 
        paragraph should be matched by sources other than the United 
        States Government, as appropriate:  Provided further, That the 
        Secretary of State shall coordinate the development and uses of 
        circumvention and secure communications technologies with the 
        USAID Administrator and the Broadcasting Board of Governors, as 
        appropriate.
            (5) Funds appropriated by this Act that are made available 
        to promote democracy and human rights shall also be made 
        available to support freedom of religion, especially in the 
        Middle East and North Africa.
            (6) Funds made available by this Act for DRL's Business and 
        Human Rights program in the People's Republic of China shall be 
        made available on a cost-matching basis from sources other than 
        the United States Government.
            (7) In order to avoid duplication of democracy and human 
        rights programs, DRL and the Bureau for Democracy, Conflict, 
        and Humanitarian Assistance, USAID, shall regularly communicate 
        their planned programs to the National Endowment for Democracy.
            (8) Of the funds appropriated by this Act, not less than 
        $2,606,000,000 should be made available for democracy programs, 
        as defined in paragraph (2).
            (9) Funds appropriated by this Act under the heading 
        ``Democracy Fund'' that are made available to DRL shall be made 
        available to establish and maintain a database of prisons and 
        gulags in North Korea, including a list of political prisoners, 
        and such database shall be regularly updated and made publicly 
        available on the Internet.
    (g) Protections and Remedies for Employees of Diplomatic Missions 
and International Organizations.--The Secretary of State shall 
implement section 203(a)(2) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (Public Law 110-457):  
Provided, That in determining whether to suspend the issuance of A-3 or 
G-5 visas to applicants seeking to work for officials of a diplomatic 
mission or international organization, the Secretary shall consider 
whether a final court judgment has been issued against a current or 
former employee of such mission or organization (and the time period 
for a final appeal has expired) or whether the Department of State has 
requested that immunity of individual diplomats or family members be 
waived to permit criminal prosecution:  Provided further, That the 
Secretary should continue to assist in obtaining payment of final court 
judgments awarded to A-3 and G-5 visa holders, including encouraging 
the sending states to provide compensation directly to victims:  
Provided further, That the Secretary shall include, in a manner the 
Secretary deems appropriate, all trafficking cases involving A-3 or G-5 
visa holders in the Trafficking in Persons annual report for which a 
final civil judgment has been issued (and the time period for final 
appeal has expired) or the Department of Justice has determined that 
the United States Government would seek to indict the diplomat or a 
family member but for diplomatic immunity.
    (h) Modification of Amendment.--Section 620M of the Foreign 
Assistance Act of 1961 (Limitation on Assistance to Security Forces) is 
amended in subsection (d)(5) by inserting ``, equipment, or other types 
of assistance'' after ``training''.
    (i) Extension of Authorities.--
            (1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22 
        U.S.C. 214(b)(2)) shall be applied by substituting ``September 
        30, 2013'' for ``September 30, 2010''.
            (2) The authority provided by section 301(a)(3) of the 
        Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 
        U.S.C. 4831(a)(3)) shall remain in effect through September 30, 
        2013.
            (3) The authority contained in section 1115(d) of Public 
        Law 111-32 shall remain in effect through September 30, 2013.
            (4) Section 824(g) of the Foreign Service Act of 1980 (22 
        U.S.C. 4064(g)) shall be applied by substituting ``September 
        30, 2013'' for ``October 1, 2010'' in paragraph (2).
            (5) Section 61(a) of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 2733(a)) shall be applied by 
        substituting ``September 30, 2013'' for ``October 1, 2010'' in 
        paragraph (2).
            (6) Section 625(j)(1) of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2385(j)(1)) shall be applied by substituting 
        ``September 30, 2013'' for ``October 1, 2010'' in subparagraph 
        (B).
            (7) The authority provided by section 1113 of Public Law 
        111-32 shall remain in effect through September 30, 2013:  
        Provided, That none of the funds appropriated or otherwise made 
        available by this Act or any other Act making appropriations 
        for the Department of State, foreign operations, and related 
        programs may be used to implement phase 3 of such authority.
            (8) The Foreign Operations, Export Financing, and Related 
        Programs Appropriations Act, 1990 (Public Law 101-167) is 
        amended--
                    (A) In section 599D (8 U.S.C. 1157 note)--
                            (i) in subsection (b)(3), by striking ``and 
                        2012'' and inserting ``2012, and 2013''; and
                            (ii) in subsection (e), by striking 
                        ``October 1, 2012'' each place it appears and 
                        inserting ``October 1, 2013''; and
                    (B) in section 599E (8 U.S.C. 1255 note) in 
                subsection (b)(2), by striking ``2012'' and inserting 
                ``2013''.
            (9) Chapter 5 of title I of the Emergency Wartime 
        Supplemental Appropriations Act, 2003 (Public Law 108-11), as 
        amended, is amended in the item relating to ``Loan Guarantees 
        to Israel'', before ``:  Provided,'' by striking ``2011'' and 
        inserting ``2015'', and in the second proviso, by striking 
        ``2011'' and inserting ``2015''.
            (10) The fifth proviso under the heading ``Economic Support 
        Fund'' in title III of division I of Public Law 112-74 is 
        amended by striking ``$30,000,000'' through ``division B'' and 
        inserting in lieu thereof ``$60,000,000 of the funds 
        appropriated under this heading in titles III and VIII in this 
        Act and in prior Acts making appropriations for the Department 
        of State, foreign operations, and related programs''.
            (11) The authorities provided in section 1015(b) of Public 
        Law 111-212 shall remain in effect through September 30, 2013.
    (j) Reports Amended.--The following provisions of law are amended 
as follows:
            (1) Section 258(b) of the Foreign Assistance Act of 1961 is 
        amended as follows:
                    (A) by striking paragraph (1) and paragraphs (6) 
                through (11); and
                    (B) by redesignating paragraphs (2) through (5) as 
                paragraphs (1) through (4), respectively.
            (2) Section 102(b)(1) of the International Religious 
        Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by 
        striking ``September 1'' and inserting ``May 1''.
    (k) Government Expenditures.--Funds appropriated under title III 
and under the heading ``International Narcotics Control and Law 
Enforcement'' in this Act shall not be made available for assistance 
for any government for programs or activities in fiscal year 2013 if 
such government has reduced its own expenditures for such programs or 
activities as a result of assistance provided in prior fiscal years and 
for reasons that are inconsistent with the purposes of such assistance.
    (l) International Child Abductions.--(1) The Secretary of State 
shall withhold funds appropriated by this Act for assistance for the 
government of any country that is not taking appropriate steps to 
comply with Federal or State court orders concerning child custody and 
visitation or with the Convention on the Civil Aspects of International 
Child Abductions, done at the Hague on October 25, 1980:  Provided, 
That the Secretary shall report to the Committees on Appropriations 
within 15 days of withholding funds under this paragraph.
    (2) The Secretary of State may waive the requirements in paragraph 
(1) if the Secretary determines and reports to the Committees on 
Appropriations that to do so is in the national interest of the United 
States.
    (m) Limitations.--
            (1)(A) None of the funds appropriated under the heading 
        ``Economic Support Fund'' in this Act may be made available for 
        assistance for the Palestinian Authority if the Palestinians 
        obtain, after the date of enactment of this Act, the same 
        standing as member states or full membership as a state in the 
        United Nations or any specialized agency thereof outside an 
        agreement negotiated between Israel and the Palestinians.
            (B) The Secretary of State may waive the restriction in 
        paragraph (A) if the Secretary certifies to the Committees on 
        Appropriations that to do so is in the national security 
        interests of the United States, and submits a report to such 
        Committees detailing how the waiver and the continuation of 
        assistance would assist in furthering Middle East peace.
            (2)(A) The President may waive the provisions of section 
        1003 of Public Law 100-204 if the President certifies in 
        writing to the Speaker of the House of Representatives, the 
        President Pro Tempore of the Senate, and the Committees on 
        Appropriations that the Palestinians have not, after the date 
        of enactment of this Act, obtained in the United Nations or any 
        specialized agency thereof the same standing as member states 
        or full membership as a state outside an agreement negotiated 
        between Israel and the Palestinians.
            (B) Not less than 90 days after the President is unable to 
        make the certification pursuant to paragraph (2)(A), the 
        President may waive section 1003 of Public Law 100-204 if the 
        President determines and certifies in writing to the Speaker of 
        the House of Representatives, the President Pro Tempore of the 
        Senate, and the Committees on Appropriations that the 
        Palestinians have entered into direct and meaningful 
        negotiations with Israel:  Provided, That any waiver of the 
        provisions of section 1003 of Public Law 100-204 under 
        paragraph (2) or under previous provisions of law must expire 
        before the waiver under the preceding sentence may be 
        exercised.
            (3) Any waiver pursuant to paragraphs (1) and (2) shall be 
        effective for no more than a period of 6 months at a time and 
        shall not apply beyond 12 months after enactment of this Act.
            (4) Not later than 45 days after enactment of this Act, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations detailing the impact and potential impact of 
        section 414 of Public Law 101-246 and section 410 of Public Law 
        103-236 on the national interests of the United States:  
        Provided, That such report shall also include information on 
        the amount of United States assistance prohibited from 
        obligation and disbursement to United Nations agencies as a 
        result of such provisions of law.
    (n) Enterprise Funds.--Funds appropriated by this Act may be made 
available to finance enterprise funds for Pakistan and countries in the 
Middle East and North Africa:  Provided, That section 201 of the 
Support for East European Democracy (SEED) Act of 1989, excluding 
subsections (b), (c), and (f), shall be deemed to apply to any such 
fund or funds, and to funds made available to such fund or funds, in 
order to enable such fund or funds to provide assistance for purposes 
of this subsection:  Provided further, That section 7077 of division F 
of Public Law 111-117 shall apply to any such fund or funds established 
pursuant to this subsection:  Provided further, That not more than 10 
percent of the funds made available pursuant to this subsection should 
be available for administrative expenses annually of such fund or funds 
and not later than 1 year after the date of enactment of this Act, and 
annually thereafter until each fund is dissolved, each fund shall 
submit to the Committees on Appropriations a report detailing the 
administrative expenses of such fund:  Provided further, That each fund 
shall be governed by a Board of Directors comprised of a maximum of 
nine and a minimum of six members, of whom not less than two-thirds 
shall be United States citizens, who have had international business 
careers and demonstrated expertise in international and emerging 
markets investment activities:  Provided further, That not later than 1 
year after the entry into force of the initial grant agreement under 
this section and annually thereafter, each fund shall prepare and make 
publicly available on a Web site administered by the fund a detailed 
report on the fund's activities during the previous year:  Provided 
further, That the authority of any such fund or funds to provide 
assistance shall cease to be effective on December 31, 2023:  Provided 
further, That funds made available pursuant to this section shall be 
subject to prior consultation with the Committees on Appropriations.
    (o) Extension of Rewards.--Section 36 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
            (1) in subsection (a)(2), by inserting ``serious violations 
        of international humanitarian law,'' after ``international 
        narcotics trafficking,''; and
            (2) by adding at the end the following new paragraph:
            ``(8) the arrest or conviction in any country, or the 
        transfer to or conviction by an international criminal tribunal 
        (including a hybrid or mixed tribunal), of any foreign national 
        accused of war crimes, crimes against humanity, or genocide, as 
        defined under the statute of such tribunal.''.
    (p) Effectiveness of Humanitarian Assistance.--Funds appropriated 
under the headings ``International Disaster Assistance'', ``Complex 
Crises Fund'', and ``Migration and Refugee Assistance'' shall be made 
available for the independent and systematic collection and reporting 
of information obtained directly from beneficiaries of assistance 
funded under such headings, regarding the quality and utility of such 
assistance, for the purpose of maximizing the effectiveness of such 
assistance:  Provided, That not later than September 30, 2013, the 
USAID Administrator and the Secretary of State, as appropriate, shall 
submit a summary of such information to the Committees on 
Appropriations.
    (q) International Cooperative Administrative Support Services.--The 
Secretary of State shall develop a process by which any agency 
participating in the International Cooperative Administrative Support 
Services (ICASS) program provide a cost analysis and justification for 
the agency's decision to opt out, in whole or in part, of ICASS 
services:  Provided, That such process shall be developed in close 
coordination with the ICASS Service Center and participating agencies 
to ensure that the process is not overly burdensome:  Provided further, 
That the Secretary of State shall conduct a review of the ICASS 
services provided by the Department of State to identify options for 
cost savings and program efficiencies, including reevaluating the 
number of American officials overseas needed to provide the ICASS 
services and whether the creation of new non-State ICASS providers 
(including USAID) will improve cost effectiveness at individual posts:  
Provided further, That the Secretary shall submit a report to the 
Committees on Appropriations not later than 90 days after enactment of 
this Act, detailing the steps taken to implement this subsection.
    (r) Security Sector Reform.--Funds appropriated by this Act for 
security sector reform shall be implemented in a manner consistent with 
the roles and responsibilities and guiding principles of the February 
2009 ``Security Sector Reform'' paper prepared jointly by USAID, the 
Department of Defense, and the Department of State.
    (s) Waiver.--The Secretary of State may waive on a country-by-
country basis funding ceilings contained in titles I and II of this Act 
for operations in Afghanistan, Pakistan, and Iraq in order to address 
extraordinary, unanticipated contingencies, if the Secretary reports to 
the Committees on Appropriations that it is important to the national 
interest of the United States and that failure to do so would pose a 
substantial risk to human health and welfare:  Provided, That such 
waiver shall identify the contingency that is being addressed, and 
include a justification of how such waiver serves the national 
interest.
    (t) Prize Authority.--Funds appropriated by this Act that are 
available for prizes in accordance with section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 may be made available for 
prizes of not more than $100,000 and may be for foreign citizens and 
foreign private entities notwithstanding section 24(g)(3) of such Act.
    (u) Science and Technology.--Of the amounts made available by this 
Act or any other Act under the heading ``Diplomatic and Consular 
Programs'', up to $1,000,000 may be made available for grants pursuant 
to section 504 of Public Law 95-426 (22 U.S.C. 2656d), including to 
facilitate collaboration with indigenous communities.
    (v) Energy Audits and Savings.--The Department of State, USAID, 
Peace Corps, the Broadcasting Board of Governors, and other agencies 
funded by this Act shall, in fiscal year 2013, conduct updated 
environmental assessments and water and energy audits of their overseas 
post operations, including staff housing, to assess consistency with 
Federal energy efficiency standards and environmental practices, and 
shall implement the recommendations of such assessments and audits to 
correct any shortfalls in meeting the targets for Federal building 
energy efficiency and environmental sustainability mandated by the 
Energy Independence and Security Act, 2007, and Executive Order 13514.
    (w) Office of Global Women's Issues.--The Secretary of State shall 
establish an Office of Global Women's Issues, headed by a Coordinator 
for Global Women's Issues who shall be designated by the Secretary of 
State, who may also be appointed as an Ambassador-at-Large, and who 
shall, to the extent the Secretary may direct, provide policy direction 
and oversight over assistance programs for women and girls including 
all programs and activities funded pursuant to section 7059(d) of this 
Act, in consultation, as appropriate, with USAID's Senior Coordinator 
for Gender Equality and Women's Empowerment.
    (x) Limitation on Funding.--None of the funds appropriated or 
otherwise made available by this Act may be obligated or expended to 
advocate or agree to any provision of a United Nations Arms Trade 
Treaty that would restrict in any way the rights of United States 
citizens under the second amendment to the Constitution of the United 
States, or that would otherwise regulate the domestic manufacture, 
assembly, possession, use, transfer, or purchase of firearms, 
ammunition, or related items in the United States.
    (y) Hostile Acts Targeted Against the United States.--Not later 
than 180 days after enactment of this Act, the Secretary of State, in 
consultation with the heads of other Federal agencies, shall submit a 
report to the Committees on Appropriations detailing existing 
authorities and programs for compensation provided to civilian 
employees under Chief of Mission authority (including foreign service, 
civil service, and locally employed staff) who are killed during the 
performance of their official duties overseas in a hostile act targeted 
against the United States:  Provided, That such report should include a 
description of the number of such employees killed in such acts since 
1979, and the compensation provided and the authority used to provide 
such compensation:  Provided further, That such report shall include a 
determination of the extent to which additional compensation to such 
employees is warranted commensurate with compensation provided to other 
Federal employees, including members of the Armed Forces, killed during 
the performance of their official duties overseas in such acts:  
Provided further, That in preparing such report, the Secretary shall 
consult with the Committees on Appropriations and representatives of 
victims of terrorist attacks, and shall consider previous United States 
Government programs and authorities to compensate victims of terrorist 
attacks.

                     arab league boycott of israel

    Sec. 7035.  It is the sense of the Congress that--
            (1) the Arab League boycott of Israel, and the secondary 
        boycott of American firms that have commercial ties with 
        Israel, is an impediment to peace in the region and to United 
        States investment and trade in the Middle East and North 
        Africa;
            (2) the Arab League boycott, which was regrettably 
        reinstated in 1997, should be immediately and publicly 
        terminated, and the Central Office for the Boycott of Israel 
        immediately disbanded;
            (3) all Arab League states should normalize relations with 
        their neighbor Israel;
            (4) the President and the Secretary of State should 
        continue to vigorously oppose the Arab League boycott of Israel 
        and find concrete steps to demonstrate that opposition by, for 
        example, taking into consideration the participation of any 
        recipient country in the boycott when determining to sell 
        weapons to said country; and
            (5) the President should report to Congress annually on 
        specific steps being taken by the United States to encourage 
        Arab League states to normalize their relations with Israel to 
        bring about the termination of the Arab League boycott of 
        Israel, including those to encourage allies and trading 
        partners of the United States to enact laws prohibiting 
        businesses from complying with the boycott and penalizing 
        businesses that do comply.

                         palestinian statehood

    Sec. 7036. (a) Limitation on Assistance.--None of the funds 
appropriated under titles III through VI of this Act may be provided to 
support a Palestinian state unless the Secretary of State determines 
and certifies to the appropriate congressional committees that--
            (1) the governing entity of a new Palestinian state--
                    (A) has demonstrated a firm commitment to peaceful 
                co-existence with the State of Israel; and
                    (B) is taking appropriate measures to counter 
                terrorism and terrorist financing in the West Bank and 
                Gaza, including the dismantling of terrorist 
                infrastructures, and is cooperating with appropriate 
                Israeli and other appropriate security organizations; 
                and
            (2) the Palestinian Authority (or the governing entity of a 
        new Palestinian state) is working with other countries in the 
        region to vigorously pursue efforts to establish a just, 
        lasting, and comprehensive peace in the Middle East that will 
        enable Israel and an independent Palestinian state to exist 
        within the context of full and normal relationships, which 
        should include--
                    (A) termination of all claims or states of 
                belligerency;
                    (B) respect for and acknowledgment of the 
                sovereignty, territorial integrity, and political 
                independence of every state in the area through 
                measures including the establishment of demilitarized 
                zones;
                    (C) their right to live in peace within secure and 
                recognized boundaries free from threats or acts of 
                force;
                    (D) freedom of navigation through international 
                waterways in the area; and
                    (E) a framework for achieving a just settlement of 
                the refugee problem.
    (b) Sense of Congress.--It is the sense of Congress that the 
governing entity should enact a constitution assuring the rule of law, 
an independent judiciary, and respect for human rights for its 
citizens, and should enact other laws and regulations assuring 
transparent and accountable governance.
    (c) Waiver.--The President may waive subsection (a) if the 
President determines that it is important to the national security 
interests of the United States to do so.
    (d) Exemption.--The restriction in subsection (a) shall not apply 
to assistance intended to help reform the Palestinian Authority and 
affiliated institutions, or the governing entity, in order to help meet 
the requirements of subsection (a), consistent with the provisions of 
section 7040 of this Act (``Limitation on Assistance for the 
Palestinian Authority'').

           restrictions concerning the palestinian authority

    Sec. 7037.  None of the funds appropriated under titles II through 
VI of this Act may be obligated or expended to create in any part of 
Jerusalem a new office of any department or agency of the United States 
Government for the purpose of conducting official United States 
Government business with the Palestinian Authority over Gaza and 
Jericho or any successor Palestinian governing entity provided for in 
the Israel-PLO Declaration of Principles:  Provided, That this 
restriction shall not apply to the acquisition of additional space for 
the existing Consulate General in Jerusalem:  Provided further, That 
meetings between officers and employees of the United States and 
officials of the Palestinian Authority, or any successor Palestinian 
governing entity provided for in the Israel-PLO Declaration of 
Principles, for the purpose of conducting official United States 
Government business with such authority should continue to take place 
in locations other than Jerusalem:  Provided further, That as has been 
true in the past, officers and employees of the United States 
Government may continue to meet in Jerusalem on other subjects with 
Palestinians (including those who now occupy positions in the 
Palestinian Authority), have social contacts, and have incidental 
discussions.

 prohibition on assistance to the palestinian broadcasting corporation

    Sec. 7038.  None of the funds appropriated or otherwise made 
available by this Act may be used to provide equipment, technical 
support, consulting services, or any other form of assistance to the 
Palestinian Broadcasting Corporation.

                 assistance for the west bank and gaza

    Sec. 7039. (a) Oversight.--For fiscal year 2013, 30 days prior to 
the initial obligation of funds for the bilateral West Bank and Gaza 
Program, the Secretary of State shall certify to the Committees on 
Appropriations that procedures have been established to assure the 
Comptroller General of the United States will have access to 
appropriate United States financial information in order to review the 
uses of United States assistance for the Program funded under the 
heading ``Economic Support Fund'' for the West Bank and Gaza.
    (b) Vetting.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Economic Support Fund'' for assistance for the 
West Bank and Gaza, the Secretary of State shall take all appropriate 
steps to ensure that such assistance is not provided to or through any 
individual, private or government entity, or educational institution 
that the Secretary knows or has reason to believe advocates, plans, 
sponsors, engages in, or has engaged in, terrorist activity nor, with 
respect to private entities or educational institutions, those that 
have as a principal officer of the entity's governing board or 
governing board of trustees any individual that has been determined to 
be involved in, or advocating terrorist activity or determined to be a 
member of a designated foreign terrorist organization:  Provided, That 
the Secretary of State shall, as appropriate, establish procedures 
specifying the steps to be taken in carrying out this subsection and 
shall terminate assistance to any individual, entity, or educational 
institution which the Secretary has determined to be involved in or 
advocating terrorist activity.
    (c) Prohibition.--
            (1) None of the funds appropriated under titles III through 
        VI of this Act for assistance under the West Bank and Gaza 
        Program may be made available for the purpose of recognizing or 
        otherwise honoring individuals who commit, or have committed 
        acts of terrorism.
            (2) Notwithstanding any other provision of law, none of the 
        funds made available by this or prior appropriations Acts, 
        including funds made available by transfer, may be made 
        available for obligation for security assistance for the West 
        Bank and Gaza until the Secretary of State reports to the 
        Committees on Appropriations on the benchmarks that have been 
        established for security assistance for the West Bank and Gaza 
        and reports on the extent of Palestinian compliance with such 
        benchmarks.
    (d) Audits.--
            (1) The USAID Administrator shall ensure that Federal or 
        non-Federal audits of all contractors and grantees, and 
        significant subcontractors and sub-grantees, under the West 
        Bank and Gaza Program, are conducted at least on an annual 
        basis to ensure, among other things, compliance with this 
        section.
            (2) Of the funds appropriated by this Act, up to $500,000 
        may be used by the Office of Inspector General of USAID for 
        audits, inspections, and other activities in furtherance of the 
        requirements of this subsection:  Provided, That such funds are 
        in addition to funds otherwise available for such purposes.
    (e) Subsequent to the certification specified in subsection (a), 
the Comptroller General of the United States shall conduct an audit and 
an investigation of the treatment, handling, and uses of all funds for 
the bilateral West Bank and Gaza Program, including all funds provided 
as cash transfer assistance, in fiscal year 2013 under the heading 
``Economic Support Fund'', and such audit shall address--
            (1) the extent to which such Program complies with the 
        requirements of subsections (b) and (c); and
            (2) an examination of all programs, projects, and 
        activities carried out under such Program, including both 
        obligations and expenditures.
    (f) Funds made available in this Act for West Bank and Gaza shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.
    (g) Not later than 180 days after enactment of this Act, the 
Secretary of State shall submit a report to the Committees on 
Appropriations updating the report contained in section 2106 of chapter 
2 of title II of Public Law 109-13.

         limitation on assistance for the palestinian authority

    Sec. 7040. (a) Prohibition of Funds.--None of the funds 
appropriated by this Act to carry out the provisions of chapter 4 of 
part II of the Foreign Assistance Act of 1961 may be obligated or 
expended with respect to providing funds to the Palestinian Authority.
    (b) Waiver.--The prohibition included in subsection (a) shall not 
apply if the President certifies in writing to the Speaker of the House 
of Representatives, the President pro tempore of the Senate, and the 
Committees on Appropriations that waiving such prohibition is important 
to the national security interests of the United States.
    (c) Period of Application of Waiver.--Any waiver pursuant to 
subsection (b) shall be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months after the enactment of 
this Act.
    (d) Report.--Whenever the waiver authority pursuant to subsection 
(b) is exercised, the President shall submit a report to the Committees 
on Appropriations detailing the justification for the waiver, the 
purposes for which the funds will be spent, and the accounting 
procedures in place to ensure that the funds are properly disbursed:  
Provided, That the report shall also detail the steps the Palestinian 
Authority has taken to arrest terrorists, confiscate weapons and 
dismantle the terrorist infrastructure.
    (e) Certification.--If the President exercises the waiver authority 
under subsection (b), the Secretary of State must certify and report to 
the Committees on Appropriations prior to the obligation of funds that 
the Palestinian Authority has established a single treasury account for 
all Palestinian Authority financing and all financing mechanisms flow 
through this account, no parallel financing mechanisms exist outside of 
the Palestinian Authority treasury account, and there is a single 
comprehensive civil service roster and payroll.
    (f) Prohibition to Hamas and the Palestine Liberation 
Organization.--
            (1) None of the funds appropriated in titles III through VI 
        of this Act may be obligated for salaries of personnel of the 
        Palestinian Authority located in Gaza or may be obligated or 
        expended for assistance to Hamas or any entity effectively 
        controlled by Hamas, any power-sharing government of which 
        Hamas is a member, or that results from an agreement with Hamas 
        and over which Hamas exercises undue influence.
            (2) Notwithstanding the limitation of paragraph (1), 
        assistance may be provided to a power-sharing government only 
        if the President certifies and reports to the Committees on 
        Appropriations that such government, including all of its 
        ministers or such equivalent, has publicly accepted and is 
        complying with the principles contained in section 620K(b)(1) 
        (A) and (B) of the Foreign Assistance Act of 1961, as amended.
            (3) The President may exercise the authority in section 
        620K(e) of the Foreign Assistance Act of 1961, as added by the 
        Palestine Anti-Terrorism Act of 2006 (Public Law 109-446) with 
        respect to this subsection.
            (4) Whenever the certification pursuant to paragraph (2) is 
        exercised, the Secretary of State shall submit a report to the 
        Committees on Appropriations within 120 days of the 
        certification and every quarter thereafter on whether such 
        government, including all of its ministers or such equivalent 
        are continuing to comply with the principles contained in 
        section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 
        1961, as amended:  Provided, That the report shall also detail 
        the amount, purposes and delivery mechanisms for any assistance 
        provided pursuant to the abovementioned certification and a 
        full accounting of any direct support of such government.
            (5) None of the funds appropriated under titles III through 
        VI of this Act may be obligated for assistance for the 
        Palestine Liberation Organization.

                       near east and north africa

    Sec. 7041. (a) Bahrain.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Middle East and North Africa Incentive Fund'', not less than 
        $5,000,000 shall be made available for programs and activities 
        to promote reconciliation in Bahrain:  Provided, That 
        notwithstanding section 660 of the Foreign Assistance Act of 
        1961, a portion of such funds may also be used for programs to 
        strengthen oversight and professionalism of the police forces 
        of Bahrain.
            (2) None of the funds appropriated by this Act may be made 
        available for tear gas, armored vehicles, small arms, light 
        weapons, ammunition, or other items for crowd control purposes, 
        for the police or military forces of Bahrain, unless the 
        Secretary of State certifies to the Committees on 
        Appropriations that the Government of Bahrain--
                    (A) has released persons convicted or charged with 
                offenses involving peaceful expression, as well as 
                those convicted on the basis of evidence that the 
                defendant could not challenge or that was obtained as a 
                result of torture;
                    (B) is protecting freedom of expression, 
                association, and assembly; the right of political 
                opposition parties, civil society organizations, and 
                journalists to operate without harassment or 
                interference; and due process of law; and
                    (C) is investigating and prosecuting Bahraini 
                officials credibly alleged to have been involved in 
                violations of human rights, including torture.
    (b) Egypt.--
            (1) None of the funds appropriated under titles III and IV 
        of this Act and in prior Acts making appropriations for the 
        Department of State, foreign operations, and related programs 
        may be made available for assistance for the Government of 
        Egypt unless the Secretary of State certifies to the Committees 
        on Appropriations that such government is meeting its 
        obligations under the 1979 Egypt-Israel Peace Treaty.
            (2) The President shall submit to the Committees on 
        Appropriations, concurrent with the fiscal year 2014 budget 
        request, a comprehensive review of United States assistance for 
        Egypt, including the strategic purposes and mechanisms for 
        disbursing such assistance, and specific programs to be 
        conducted in furtherance of security sector and other reforms.
            (3) Funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' for assistance for Egypt 
        shall be made available for border security programs in the 
        Sinai, and for purposes related to peacekeeping and disaster 
        response:  Provided, That a portion of such funds estimated to 
        be outlayed during fiscal year 2013 may, following consultation 
        with the Committees on Appropriations, be transferred to an 
        interest bearing account for Egypt in the Federal Reserve Bank 
        of New York:  Provided further, That funds appropriated by this 
        Act under the heading ``Economic Support Fund'' shall be made 
        available to promote security sector reform in Egypt, in 
        accordance with section 7034(r) of this Act.
            (4) Prior to the initial obligation of funds appropriated 
        by this Act for assistance for Egypt under the heading 
        ``Foreign Military Financing Program'', the Secretary of State 
        shall certify to the Committees on Appropriations that the 
        Government of Egypt is a democratically elected civilian 
        government that is implementing policies to--
                    (A) provide civilian control over, and public 
                disclosure of, the military and police budgets;
                    (B) fully repeal the Emergency Law; and
                    (C) protect judicial independence; freedom of 
                expression, association, assembly, and religion; the 
                right of political opposition parties, civil society 
                organizations, and journalists to operate without 
                harassment or interference; and due process of law.
            (5) The Secretary of State, after consultation with the 
        Committees on Appropriations, may waive the requirements of 
        paragraphs (1) and (4) if the Secretary determines and reports 
        to the Committees on Appropriations that to do so is important 
        to the national security interest of the United States:  
        Provided, That such determination and report shall include a 
        detailed justification for such waiver.
            (6) The authorities, purposes, and requirements in section 
        7041(a)(3) of division I of Public Law 112-74 shall continue in 
        effect during fiscal year 2013:  Provided, That funds 
        appropriated by this Act under the headings ``Economic Support 
        Fund'' and ``Middle East and North Africa Incentive Fund'' may 
        be made available for such initiative.
            (7) Funds appropriated by this Act under the heading 
        ``Economic Support Fund'' and made available for assistance for 
        the Government of Egypt shall be reduced by an amount equal to 
        the amount that the Secretary of State determines and reports 
        to the Committees on Appropriations was posted as bail in 
        February 2012 for members of United States nongovernmental 
        organizations.
    (c) Iran.--
            (1) It is the policy of the United States to seek to 
        prevent Iran from achieving the capability to produce or 
        otherwise manufacture nuclear weapons, including by supporting 
        international diplomatic efforts to halt Iran's uranium 
        enrichment program, and the President should fully implement 
        and enforce the Iran Sanctions Act of 1996, as amended (Public 
        Law 104-172) as a means of encouraging foreign governments to 
        require state-owned and private entities to cease all 
        investment in, and support of, Iran's energy sector and all 
        exports of refined petroleum products to Iran.
            (2) None of the funds appropriated or otherwise made 
        available in this Act under the heading ``Export-Import Bank of 
        the United States'' may be used by the Export-Import Bank of 
        the United States to provide any new financing (including 
        loans, guarantees, other credits, insurance, and reinsurance) 
        to any person or entity that is subject to sanctions under 
        paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act 
        of 1996 (Public Law 104-172).
            (3) The reporting requirements in section 7043(c) in 
        division F of Public Law 111-117 shall continue in effect 
        during fiscal year 2013 as if part of this Act:  Provided, That 
        the date in subsection (c)(1) shall be deemed to be ``September 
        30, 2013''.
    (d) Iraq.--
            (1) Of the funds appropriated under titles III, IV, and 
        VIII of this Act, not more than $582,347,000 may be made 
        available for assistance for Iraq, including not more than 
        $100,000,000 from funds appropriated under the heading 
        ``Economic Support Fund'' and not more than $450,000,000 from 
        funds appropriated under the heading ``Foreign Military 
        Financing Program''.
            (2) Funds appropriated by this Act for assistance for the 
        Government of Iraq should be made available only if the 
        Secretary of State certifies to the Committees on 
        Appropriations that such government is supporting free and fair 
        elections and implementing policies to--
                    (A) publicly disclose the national budget, 
                including for the military and police; and
                    (B) protect judicial independence; freedom of 
                expression, association, assembly, and religion; the 
                right of political opposition parties, civil society 
                organizations, women activists, and journalists to 
                operate without harassment or interference; and due 
                process of law.
            (3) Funds appropriated or otherwise made available by this 
        Act for assistance for Iraq shall be made available in 
        accordance with the cost-matching and other requirements in the 
        Department of State's April 9, 2009 ``Guidelines for Government 
        of Iraq Financial Participation in United States Government-
        Funded Civilian Foreign Assistance Programs and Projects'':  
        Provided, That the Secretaries of State and the Treasury shall 
        work with Iraq's Ministry of Finance to complete the review 
        required by the International Monetary Fund of Iraq's 
        outstanding advances.
            (4) Funds appropriated by this Act under titles III and VI 
        for assistance for Iraq may be made available notwithstanding 
        any other provision of law, except for this subsection and 
        section 620M of the Foreign Assistance Act of 1961, as amended 
        by this Act.
    (e) Lebanon.--
            (1) None of the funds appropriated by this Act may be made 
        available for the Lebanese Armed Forces (LAF) if the LAF is 
        controlled by a foreign terrorist organization, as defined by 
        section 219 of the Immigration and Nationality Act.
            (2) Funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' for assistance for 
        Lebanon may be made available only to professionalize the LAF 
        and to strengthen border security and combat terrorism, 
        including training and equipping the LAF to secure Lebanon's 
        borders, interdicting arms shipments, preventing the use of 
        Lebanon as a safe haven for terrorist groups, and to implement 
        United Nations Security Council Resolution 1701:  Provided, 
        That funds may not be made available for obligation for 
        assistance for the LAF until the Secretary of State submits a 
        detailed spend plan to the Committees on Appropriations, except 
        such plan may not be considered as meeting the notification 
        requirements under section 7015 of this Act or under section 
        634A of the Foreign Assistance Act of 1961, and shall be 
        submitted not later than September 1, 2013:  Provided further, 
        That not later than 90 days after enactment of this Act, the 
        Secretary of State shall consult with the Committees on 
        Appropriations on the activities of the LAF, assistance 
        provided to the LAF by the United States, and actions taken to 
        ensure that such assistance is used for intended purposes.
            (3) Funds appropriated by this Act under titles III and VI 
        for assistance for Lebanon may be made available 
        notwithstanding any other provision of law, except for this 
        subsection and section 620M of the Foreign Assistance Act of 
        1961, as amended by this Act.
    (f) Libya.--Funds appropriated by this Act for activities to 
promote democracy, transparent and accountable governance, human 
rights, transitional justice, and the rule of law in Libya shall be 
made available, to the maximum extent practicable, on a cost matching 
basis:  Provided, That none of the funds appropriated by this Act may 
be made available for assistance for Libya for infrastructure projects, 
except on a loan basis with terms favorable to the United States, and 
only following consultation with the Committees on Appropriations.
    (g) Morocco.--Prior to the obligation of funds appropriated by this 
Act under the heading ``Foreign Military Financing Program'' for 
assistance for Morocco, the Secretary of State shall submit a report to 
the Committees on Appropriations on steps taken during the previous 12 
months by the Government of Morocco to--
            (1) protect freedom of expression, association, and 
        assembly regarding the status and future of the Western Sahara, 
        and due process of law;
            (2) release prisoners of conscience;
            (3) support a human rights monitoring and reporting role 
        for the United Nations Mission in Western Sahara in cooperation 
        with the Office of the United Nations High Commissioner for 
        Human Rights; and
            (4) provide unimpeded access to human rights organizations, 
        journalists, and representatives of foreign governments to the 
        Western Sahara.
    (h) Syria.--
            (1) Funds appropriated by this Act shall be made available 
        for activities to support civil society organizations that 
        support democratic principles in Syria, including 
        communications equipment and technical training:  Provided, 
        That such activities shall be considered democracy and human 
        rights programs in accordance with section 7034(f) of this Act: 
         Provided further, That not later than 90 days after enactment 
        of this Act and every 90 days thereafter until September 30, 
        2013, the Secretary of State shall submit a report to the 
        Committees on Appropriations describing the activities 
        conducted in support of such organizations, and the equipment 
        and technical training provided:  Provided further, That such 
        technical training shall include instruction on democratic 
        governance and respect for human rights.
            (2) Funds appropriated by this Act shall be made available 
        for humanitarian relief for civilian victims of political 
        violence in Syria.
    (i) Tunisia.--Of the funds appropriated under titles III and IV of 
this Act, not less than $39,100,000 shall be made available for 
assistance for Tunisia.
    (j) Yemen.--Of the funds appropriated under titles III and IV of 
this Act, not less than $77,000,000 may be made available for 
assistance for Yemen:  Provided, That not later than 60 days after 
enactment of this Act and prior to the initial obligation of such 
funds, the Secretary of State, in consultation with the heads of 
relevant Federal agencies and the Government of Yemen, shall submit a 
counterinsurgency strategy to the Committees on Appropriations:  
Provided further, That none of the funds appropriated by this Act may 
be made available for the Armed Forces of Yemen if such forces are 
controlled by a foreign terrorist organization, designated pursuant to 
section 219 of the Immigration and Nationality Act.

                                 serbia

    Sec. 7042. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2013, 
if the Secretary of State has made the determination required in 
subsection (c).
    (b) After May 31, 2013, the Secretary of the Treasury shall 
instruct the United States executive directors of the international 
financial institutions to support loans and assistance to the 
Government of Serbia subject to the requirement in subsection (c).
    (c) The determination referred to in subsection (a) is a 
determination made by the Secretary of State and reported in writing to 
the Committees on Appropriations that the Government of Serbia is 
cooperating with the International Criminal Tribunal for the former 
Yugoslavia.
    (d) This section shall not apply to humanitarian assistance or 
assistance to promote democracy.

                                 africa

                     (including transfer of funds)

    Sec. 7043. (a) Central Africa.--Of the funds appropriated under the 
heading ``Economic Support Fund'', up to $10,000,000 shall be made 
available for programs and activities in areas affected by the Lord's 
Resistance Army (LRA) consistent with the goals of the Lord's 
Resistance Army Disarmament and Northern Uganda Recovery Act (Public 
Law 111-172), including to improve physical access, telecommunications 
infrastructure, and early-warning mechanisms and to support the 
disarmament, demobilization, and reintegration of former LRA 
combatants, especially child soldiers.
    (b) Conflict Minerals.--
            (1) Funds appropriated by this Act should be made available 
        for programs in the Democratic Republic of the Congo to 
        implement the Organization for Economic Cooperation and 
        Development's due diligence guidance for mining in conflict 
        areas.
            (2) Funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' may be made available 
        for assistance for Rwanda or Uganda unless the Secretary of 
        State has credible information that the Government of Rwanda or 
        the Government of Uganda is providing political, military or 
        financial support to armed groups in the Democratic Republic of 
        the Congo (DRC) that are involved in the illegal exportation of 
        minerals out of the DRC or have violated human rights.
            (3) The restriction in paragraph (2) shall not apply to 
        assistance to improve border controls to prevent the illegal 
        exportation of minerals out of the DRC by such groups, to 
        protect humanitarian relief efforts, or to support the training 
        and deployment of members of the Rwandan or Ugandan militaries 
        in international peacekeeping operations or to conduct 
        operations against the Lord's Resistance Army.
    (c) Counterterrorism Programs.--
            (1) Of the funds appropriated by this Act, not less than 
        $55,000,000 should be made available for the Trans-Sahara 
        Counter-terrorism Partnership program, and not less than 
        $25,000,000 should be made available for the Partnership for 
        Regional East Africa Counterterrorism program.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', $10,000,000 shall be made available 
        for programs to counter extremism in East Africa, in addition 
        to such sums that may otherwise be made available for such 
        purposes.
    (d) Crisis Response.--Notwithstanding any other provision of law, 
up to $25,000,000 of the funds appropriated by this Act under the 
heading ``Global Health Programs'' for HIV/AIDS activities may be 
transferred to, and merged with, funds appropriated under the headings 
``Economic Support Fund'' and ``Transition Initiatives'' to respond to 
unanticipated crises in Africa, except that funds shall not be 
transferred unless the Secretary of State certifies to the Committees 
on Appropriations that no individual currently on anti-retroviral 
therapy supported by such funds shall be negatively impacted by the 
transfer of such funds:  Provided, That the authority of this 
subsection shall be subject to prior consultation with the Committees 
on Appropriations.
    (e) Expanded International Military Education and Training.--
            (1) Funds appropriated under the heading ``International 
        Military Education and Training'' (IMET) in this Act that are 
        made available for assistance for Angola, Cameroon, Central 
        African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may 
        be made available only for training related to international 
        peacekeeping operations and expanded IMET:  Provided, That the 
        limitation included in this paragraph shall not apply to 
        courses that support training in maritime security for Angola 
        and Cameroon.
            (2) None of the funds appropriated under the heading 
        ``International Military Education and Training'' in this Act 
        may be made available for assistance for Equatorial Guinea or 
        Somalia.
    (f) Ethiopia.--
            (1) Funds appropriated by this Act that are available for 
        assistance for Ethiopian military and police forces shall not 
        be made available unless the Secretary of State--
                    (A) certifies to the Committees on Appropriations 
                that the Government of Ethiopia is implementing 
                policies to--
                            (i) publicly disclose the military and 
                        police budgets;
                            (ii) protect judicial independence; freedom 
                        of expression, association, assembly, and 
                        religion; the right of political opposition 
                        parties, civil society organizations, and 
                        journalists to operate without harassment or 
                        interference; and due process of law; and
                            (iii) permit access to human rights and 
                        humanitarian organizations to the Somali region 
                        of Ethiopia; and
                    (B) submits a report to the Committees on 
                Appropriations on the types and amounts of United 
                States training and equipment proposed to be provided 
                to the Ethiopian military and police including steps 
                that will be taken to ensure that such assistance is 
                not provided to military or police units or personnel 
                that have violated human rights, and steps taken by the 
                Government of Ethiopia to investigate and prosecute 
                members of the Ethiopian military and police who have 
                been credibly alleged to have violated such rights.
            (2) The restriction in paragraph (1) shall not apply to 
        assistance to Ethiopian military efforts in support of 
        international peacekeeping operations, border security, and for 
        assistance to the Ethiopian Defense Command and Staff College.
    (g) Piracy.--Not later than 180 days after enactment of this Act, 
and following consultation with other relevant Federal agencies, the 
Secretary of State shall submit to the Committees on Appropriations a 
diplomacy and development counter-piracy strategy for the Horn of 
Africa region, including an assessment of the potential effectiveness 
of economic and security assistance for vulnerable Somali and Kenyan 
communities in providing gainful alternatives to piracy and encouraging 
collective action within such communities against groups and 
individuals involved in piracy.
    (h) South Africa.--Not later than 180 days after enactment of this 
Act, and following consultation with the Government of South Africa, 
the Secretary of State shall submit a transition strategy to the 
Committees on Appropriations for the President's Emergency Program for 
AIDS Relief in South Africa, including projected trajectories for 
levels and types of United States assistance.
    (i) Sudan.--
            (1) Notwithstanding any other provision of law, none of the 
        funds appropriated by this Act may be made available for 
        assistance for the Government of Sudan.
            (2) Notwithstanding the restriction in paragraph (1), up to 
        $250,000,000 of the funds appropriated under the heading 
        ``Economic Support Fund'' in this Act may be transferred to, 
        and merged with, funds available under the heading ``Department 
        of Treasury, Debt Restructuring'' in title III of prior acts 
        making appropriations for the Department of State, foreign 
        operations, and related programs for the cost, as defined in 
        section 502 of the Congressional Budget Act of 1974, of 
        modifying loans and loan guarantees, as the President may 
        determine, for the cost of selling, reducing, or canceling 
        amounts owed to the United States as a result of concessional 
        loans made to Sudan:  Provided, That such funds may be made 
        available only if the Secretary of State determines and reports 
        to the Committees on Appropriations that Sudan is implementing 
        the agreement reached by the Governments of Sudan and South 
        Sudan under the Comprehensive Peace Agreement, including a 
        political resolution of the conflict in Southern Kordofan and 
        Blue Nile, and other legislative requirements related to 
        Heavily Indebted Poor Countries debt relief, including 
        determinations on human rights and state sponsorship of 
        terrorism.
            (3) The limitations of paragraphs (1) and (2) shall not 
        apply to--
                    (A) humanitarian assistance;
                    (B) assistance for the Darfur region, Southern 
                Kordofan, Blue Nile, other marginalized areas and 
                populations in Sudan, and Abyei; and
                    (C) assistance to support implementation of the 
                Comprehensive Peace Agreement (CPA), mutual 
                arrangements related to post-referendum issues 
                associated with the CPA, or to promote peace and 
                stability between Sudan and South Sudan, or any other 
                internationally recognized viable peace agreement in 
                Sudan.
    (j) South Sudan.--
            (1) Funds appropriated by this Act should be made available 
        for assistance for South Sudan, including to increase 
        agricultural productivity, prevent and respond to gender-based 
        violence, promote women's leadership, expand educational 
        opportunities especially for girls, strengthen democratic 
        institutions and the rule of law, and enhance the capacity of 
        the Federal Legislative Assembly to conduct oversight over 
        government processes, revenues, and expenditures.
            (2) Not less than 15 days prior to the obligation of funds 
        appropriated by this Act that are available for assistance for 
        the Government of South Sudan, the Secretary of State shall 
        submit a report to the Committees on Appropriations detailing 
        the extent to which the Government of South Sudan is--
                    (A) supporting freedom of expression and 
                association, the establishment of democratic 
                institutions including an independent judiciary, 
                parliament, and security forces that are accountable to 
                civilian authority; and
                    (B) investigating and punishing members of security 
                forces who have violated human rights.
            (3) The Secretary of State shall seek to obtain regular 
        audits of the financial accounts of the Government of South 
        Sudan to ensure transparency and accountability of funds, 
        including revenues from the extraction of oil and gas, and the 
        timely, public disclosure of such audits:  Provided, That the 
        Secretary should assist the Government of South Sudan in 
        conducting such audits, and provide technical assistance to 
        enhance the capacity of the National Auditor Chamber to carry 
        out its responsibilities, and shall submit a report not later 
        than 90 days after enactment of this Act to the Committees on 
        Appropriations detailing the steps that will be taken by the 
        Government of South Sudan, which are additional to those taken 
        in the previous fiscal year, to improve resource management and 
        ensure transparency and accountability of funds.
    (k) War Crimes in Africa.--
            (1) The Congress reaffirms its support for the efforts of 
        the International Criminal Tribunal for Rwanda (ICTR) and the 
        Special Court for Sierra Leone (SCSL) to bring to justice 
        individuals responsible for war crimes and crimes against 
        humanity in a timely manner.
            (2) Funds appropriated by this Act may be made available 
        for assistance for the central government of a country in which 
        individuals indicted by the ICTR and the SCSL are credibly 
        alleged to be living, if the Secretary of State determines and 
        reports to the Committees on Appropriations that such 
        government is cooperating with the ICTR and the SCSL, including 
        the apprehension, surrender, and transfer of indictees in a 
        timely manner:  Provided, That this paragraph shall not apply 
        to assistance provided under section 551 of the Foreign 
        Assistance Act of 1961 or to assistance under title VI of this 
        Act:  Provided further, That the United States shall use its 
        voice and vote in the United Nations Security Council to fully 
        support efforts by the ICTR and the SCSL to bring to justice 
        individuals indicted by such tribunals in a timely manner.
            (3) The prohibition in paragraph (2) may be waived on a 
        country-by-country basis if the Secretary of State determines 
        that doing so is in the national security interest of the 
        United States:  Provided, That prior to exercising such waiver 
        authority, the Secretary shall submit a report to the 
        Committees on Appropriations, in classified form if necessary, 
        on--
                    (A) the steps being taken to obtain the cooperation 
                of the government in apprehending and surrendering the 
                indictee to the court of jurisdiction;
                    (B) a strategy, including a timeline, for bringing 
                the indictee before such court; and
                    (C) the justification for exercising the waiver 
                authority.
    (l) Zimbabwe.--
            (1) The Secretary of the Treasury shall instruct the United 
        States executive director of each international financial 
        institution to vote against any extension by the respective 
        institution of any loans or grants to the Government of 
        Zimbabwe, except to meet basic human needs or to promote 
        democracy, unless the Secretary of State determines and reports 
        in writing to the Committees on Appropriations that the rule of 
        law has been restored in Zimbabwe, including respect for 
        ownership and title to property, freedom of speech and 
        association.
            (2) None of the funds appropriated by this Act shall be 
        made available for assistance for the central Government of 
        Zimbabwe, except for health, education, and macroeconomic 
        growth assistance, unless the Secretary of State makes the 
        determination required in paragraph (1).

                       east asia and the pacific

    Sec. 7044. (a) Assistance.--
            (1) Not later than 180 days after enactment of this Act, 
        the Secretary of State, in consultation with the heads of other 
        relevant Federal agencies, shall submit to the Committees on 
        Appropriations a multi-year strategy for the advancement of 
        United States interests in the East Asia and Pacific region, to 
        include a description of the process for coordinating 
        assistance and policy between the Department of State and such 
        other agencies.
            (2) Funds appropriated by this Act under the heading 
        ``Economic Support Fund'' may be made available, following 
        consultation with the Committees on Appropriations, for East 
        Asia and Pacific regional programs that include countries or 
        governments otherwise ineligible for United States assistance, 
        notwithstanding any other provision of law.
    (b) Burma.--Funds appropriated by this Act under the heading 
``Economic Support Fund'' may be made available for Burma 
notwithstanding any other provision of law, except that no funds shall 
be made available to any successor or affiliated organization of the 
State Peace and Development Council (SPDC) controlled by former SPDC 
members that promote the repressive policies of the SPDC:  Provided, 
That such funds shall be made available for programs along Burma's 
border and for Burmese groups and organizations located outside of 
Burma, and may be available to support programs in Burma:  Provided 
further, That in addition to assistance for Burmese refugees from funds 
appropriated by this Act under the heading ``Migration and Refugee 
Assistance'', funds shall be made available for community-based 
organizations operating in Thailand to provide food, medical, and other 
humanitarian assistance to internally displaced persons in eastern 
Burma:  Provided further, That funds appropriated by this Act for 
assistance for Burma shall be provided, to the maximum extent 
practicable, through credible, indigenous nongovernmental 
organizations, and shall be used to build the capacity of such 
organizations:  Provided further, That funds appropriated by this Act 
for assistance for Burma should be matched, to the maximum extent 
practicable, by the Government of Burma and/or other international 
donors:  Provided further, That any new program or activity in Burma 
funded by this Act shall be subject to prior consultation with the 
Committees on Appropriations, and all such funds shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.
    (c) Cambodia.--
            (1) None of the funds appropriated by this Act may be may 
        available for a United States contribution to a Khmer Rouge 
        Tribunal--
                    (A) if the Secretary of State certifies to the 
                Committees on Appropriations that the Prime Minister of 
                Cambodia is directly or indirectly interfering with the 
                operations and deliberations of such Tribunal; and
                    (B) unless the United Nations and the Government of 
                Cambodia are taking credible steps to address 
                allegations of corruption and mismanagement within such 
                Tribunal.
            (2) Funds appropriated by this Act under the headings 
        ``International Military Education and Training'' and ``Foreign 
        Military Financing Program'' that are made available for 
        assistance for Cambodia shall be made available to promote 
        human rights within the Royal Cambodian Armed Forces:  
        Provided, That not less than 90 days after enactment of this 
        Act, the Secretary of State shall submit a report to the 
        Committees on Appropriations detailing specific programs 
        conducted to promote human rights.
    (d) Indonesia.--Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' that are available for 
assistance for Indonesia, $2,000,000 may not be obligated until the 
Secretary of State submits to the Committees on Appropriations the 
report on Indonesia required under such heading in the report 
accompanying this Act.
    (e) North Korea.--
            (1) Of the funds made available under the heading 
        ``International Broadcasting Operations'' in title I of this 
        Act, not less than $8,960,000 shall made available for 
        broadcasts into North Korea.
            (2) Funds appropriated by this Act under the heading 
        ``Migration and Refugee Assistance'' shall be made available 
        for assistance for refugees from North Korea, including for 
        protection activities in the People's Republic of China.
    (f) People's Republic of China.--
            (1) None of the funds appropriated under the heading 
        ``Diplomatic and Consular Programs'' in this Act may be 
        obligated or expended for processing licenses for the export of 
        satellites of United States origin (including commercial 
        satellites and satellite components) to the People's Republic 
        of China unless, at least 15 days in advance, the Committees on 
        Appropriations are notified of such proposed action.
            (2) The terms and requirements of section 620(h) of the 
        Foreign Assistance Act of 1961 shall apply to foreign 
        assistance projects or activities of the People's Liberation 
        Army (PLA) of the People's Republic of China, to include such 
        projects or activities by any entity that is owned or 
        controlled by, or an affiliate of, the PLA:  Provided, That 
        none of the funds appropriated or otherwise made available 
        pursuant to this Act may be used to finance any grant, 
        contract, or cooperative agreement with the PLA, or any entity 
        that the Secretary of State has reason to believe is owned or 
        controlled by, or an affiliate of, the PLA.
            (3) Notwithstanding any other provision of law, of the 
        funds appropriated under the heading ``Economic Support Fund'', 
        not less than $15,000,000 shall be made available to United 
        States institutions of higher education and nongovernmental 
        organizations for programs and activities in the People's 
        Republic of China relating to democracy, governance, rule of 
        law, labor rights, and the environment.
            (4) Funds appropriated by this Act under the headings 
        ``Development Assistance'', ``Economic Support Fund'', and 
        ``International Narcotics Control and Law Enforcement'' shall 
        be made available for assistance for economic and trade 
        development, transparency, good governance, and human rights in 
        the Africa, Asia, and South America regions in countries in 
        which the People's Republic of China provides substantial 
        assistance to the central government of such country, subject 
        to the regular notification procedures of the Committees on 
        Appropriations:  Provided, That funds made available pursuant 
        to this paragraph may be transferred to, and merged with, funds 
        made available under the heading ``Millennium Challenge 
        Corporation'', and shall be matched, to the maximum extent 
        practicable, from sources other than the Government of the 
        United States.
    (g) Philippines.--Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' that are available for 
assistance for the Philippines, $3,000,000 may not be obligated until 
the Secretary of State submits to the Committees on Appropriations the 
report on the Philippines required under such heading in the report 
accompanying this Act.
    (h) Tibet.--
            (1) The Secretary of the Treasury should instruct the 
        United States executive director of each international 
        financial institution to use the voice and vote of the United 
        States to support projects in Tibet if such projects do not 
        provide incentives for the migration and settlement of non-
        Tibetans into Tibet or facilitate the transfer of ownership of 
        Tibetan land and natural resources to non-Tibetans, are based 
        on a thorough needs-assessment, foster self-sufficiency of the 
        Tibetan people and respect Tibetan culture and traditions, and 
        are subject to effective monitoring.
            (2) Notwithstanding any other provision of law, funds 
        appropriated by this Act under the heading ``Economic Support 
        Fund'' shall be made available to nongovernmental organizations 
        to support activities which preserve cultural traditions and 
        promote sustainable development and environmental conservation 
        in Tibetan communities in the Tibetan Autonomous Region and in 
        other Tibetan communities in China.
    (i) Vietnam.--Of the funds appropriated under the heading 
``Economic Support Fund'', not less than $20,000,000 shall be made 
available for remediation of dioxin contaminated sites in Vietnam and 
may be made available for assistance for the Government of Vietnam, 
including the military, for such purposes, and not less than $5,000,000 
of the funds appropriated under the heading ``Global Health Programs'' 
shall be made available for health/disability activities in areas 
sprayed or otherwise contaminated with dioxin.

                           western hemisphere

    Sec. 7045. (a) Colombia.--
            (1) Funds appropriated by this Act and made available to 
        the Department of State for assistance for the Government of 
        Colombia may be used to support a unified campaign against 
        narcotics trafficking, organizations designated as Foreign 
        Terrorist Organizations, and other criminal or illegal armed 
        groups; for disarmament, demobilization, and reintegration of 
        former combatants; and to take actions to protect human health 
        and welfare in emergency circumstances, including undertaking 
        rescue operations:  Provided, That no United States Armed 
        Forces personnel or United States civilian contractor employed 
        by the United States will participate in any combat operation 
        in connection with assistance made available by this Act for 
        Colombia:  Provided further, That rotary and fixed wing 
        aircraft supported with funds appropriated under the heading 
        ``International Narcotics Control and Law Enforcement'' for 
        assistance for Colombia may be used for aerial or manual drug 
        eradication and interdiction including to transport personnel 
        and supplies and to provide security for such operations:  
        Provided further, That such aircraft may also be used to 
        provide transport in support of alternative development 
        programs and investigations by civilian judicial authorities:  
        Provided further, That funds appropriated by this Act for the 
        Colombian national police may not be used for the aerial 
        spraying of toxic chemicals unless the Secretary of State, 
        after consultation with the Administrator of the Environmental 
        Protection Agency and the Secretary of the Department of Health 
        and Human Services, certifies to the Committees on 
        Appropriations that the chemicals, in the manner they are being 
        sprayed, do not pose unreasonable risks or adverse effects to 
        humans, including pregnant women and children, or the 
        environment, including endemic species:  Provided further, That 
        any complaints of harm to health or licit crops caused by such 
        aerial spraying shall be thoroughly investigated and evaluated, 
        and fair compensation paid in a timely manner for meritorious 
        claims:  Provided further, That the Secretary of State shall 
        submit a report to the Committees on Appropriations not later 
        than 6 months after enactment of this Act and 6 months 
        thereafter, detailing the complaints made during the previous 6 
        months, the investigations conducted, and the amount of 
        compensation, if any:  Provided further, That none of the funds 
        appropriated by this Act or prior Acts making appropriations 
        for the Department of State, foreign operations, and related 
        programs may be made available for assistance for successor 
        organizations to the Colombian Departamento Administrativo de 
        Seguridad:  Provided further, That none of the funds 
        appropriated by this Act shall be made available for the 
        cultivation or processing of African oil palm.
            (2) Colombian armed forces.--Of the funds appropriated by 
        this Act that are available for assistance for the Colombian 
        Armed Forces, 25 percent may be obligated only if the Secretary 
        of State consults with, and subsequently certifies and submits 
        a report to, the Committees on Appropriations that the 
        Government of Colombia and Colombian Armed Forces are meeting 
        the conditions that appear under this section in the report 
        accompanying this Act:  Provided, That the requirement to 
        withhold funds from obligation shall not apply with respect to 
        funds made available under the heading ``International 
        Narcotics Control and Law Enforcement'' in this Act for 
        continued support for the Critical Flight Safety Program or for 
        any alternative development programs in Colombia administered 
        by the Bureau of International Narcotics and Law Enforcement 
        Affairs of the Department of State:  Provided further, That not 
        less than 30 days prior to making the certification the 
        Secretary of State shall consult with Colombian and 
        international human rights organizations.
            (3) Illegal armed groups.--
                    (A) Denial of visas.--Subject to subparagraph (B), 
                the Secretary of State shall not issue a visa to any 
                alien about whom the Secretary has credible 
                information--
                            (i) has willfully provided any support to 
                        or benefitted from the Revolutionary Armed 
                        Forces of Colombia (FARC), the National 
                        Liberation Army (ELN), the United Self-Defense 
                        Forces of Colombia (AUC), or other illegal 
                        armed groups, including taking actions or 
                        failing to take actions which allow, 
                        facilitate, or otherwise foster the activities 
                        of such groups; or
                            (ii) has committed, ordered, incited, 
                        assisted, or otherwise participated in the 
                        commission of a violation of human rights in 
                        Colombia.
                    (B) Waiver.--Subparagraph (A) shall not apply if 
                the Secretary of State certifies to the Committees on 
                Appropriations, on a case-by-case basis, that the 
                issuance of a visa to the alien is necessary to support 
                the peace process in Colombia or for urgent 
                humanitarian reasons.
    (b) Guatemala.--Funds appropriated by this Act under the headings 
``International Military Education and Training'' (IMET) and ``Foreign 
Military Financing Program'' that are available for assistance for 
Guatemala may be made available only for the Guatemalan Air Force, 
Navy, and Army Corps of Engineers:  Provided, That expanded IMET may be 
made available for assistance for the Guatemalan Army.
    (c) Haiti.--The Government of Haiti shall be eligible to purchase 
defense articles and services under the Arms Export Control Act (22 
U.S.C. 2751 et seq.) for the Coast Guard.
    (d) Honduras.--(1) Of the funds appropriated by this Act that are 
available for assistance for Honduran military and police forces, 25 
percent may be obligated only if the Secretary of State reports in 
writing to the Committees on Appropriations that the Government of 
Honduras and Honduran military and police forces are meeting the 
conditions that appear under this section in the report accompanying 
this Act.
    (2) The restriction in paragraph (1) shall not apply to assistance 
to promote transparency, anti-corruption, and the rule of law within 
the military and police forces.
    (e) Mexico.--(1) Of the funds appropriated by this Act that are 
available for assistance for Mexican military and police forces, 15 
percent may be obligated only if the Secretary of State reports in 
writing to the Committees on Appropriations that the Government of 
Mexico and Mexican military and police forces are meeting the 
conditions that appear under this section in the report accompanying 
this Act.
    (2) The restriction in paragraph (1) shall not apply to assistance 
to promote transparency, anti-corruption, and the rule of law within 
the military and police forces.
    (f) Trade Capacity.--Of the funds appropriated by this Act, not 
less than $12,000,000 under the heading ``Development Assistance'' and 
not less than $12,000,000 under the heading ``Economic Support Fund'' 
shall be made available for labor and environmental capacity building 
activities relating to free trade agreements with countries of Central 
America, Peru, the Dominican Republic, Colombia, and Mexico.
    (g) Aircraft Operations and Maintenance.--To the maximum extent 
practicable, the costs of operations and maintenance, including fuel, 
of aircraft funded by this Act should be borne by the recipient 
country.

                         south and central asia

    Sec. 7046. (a) Afghanistan.--
            (1) Limitation.--Of the funds appropriated under titles 
        III, IV, and VIII of this Act, not more than $1,580,750,000 may 
        be made available for assistance for Afghanistan, including not 
        more than $1,075,000,000 from funds appropriated under the 
        heading ``Economic Support Fund'' and not more than 
        $450,000,000 from funds appropriated under the heading 
        ``International Narcotics Control and Law Enforcement''.
            (2) Certification.--None of the funds appropriated or 
        otherwise made available by this Act under the headings 
        ``Economic Support Fund'' and ``International Narcotics Control 
        and Law Enforcement'' may be obligated for assistance for the 
        Government of Afghanistan until the Secretary of State, in 
        consultation with the USAID Administrator, certifies to the 
        Committees on Appropriations that--
                    (A) Funds will be used for programs and activities 
                that can be sustained by the Government of Afghanistan.
                    (B) The Government of Afghanistan is--
                            (i) reducing corruption and improving 
                        governance, including by investigating, 
                        prosecuting, sanctioning, or removing corrupt 
                        officials from office and implementing 
                        financial transparency and accountability 
                        measures for government institutions and 
                        officials (including the Central Bank) as well 
                        as conducting oversight of public resources;
                            (ii) implementing policies to protect due 
                        process of law;
                            (iii) taking credible and consistent steps 
                        to protect the human rights of Afghan women;
                            (iv) taking significant steps to facilitate 
                        active public participation in governance and 
                        oversight; and
                            (v) publishing mining contracts and 
                        associated project documents.
                    (C) Funds will be used to support and strengthen 
                the capacity of Afghan public and private institutions 
                and entities to reduce corruption and to improve 
                transparency and accountability of national, 
                provincial, and local governments, and such governments 
                are actively supporting such efforts.
                    (D) Representatives of Afghan national, provincial, 
                or local governments, and local communities and civil 
                society organizations, including women's organizations, 
                will be consulted and participate in the design of 
                programs, projects, and activities, including 
                participation in implementation and oversight, and the 
                development of specific benchmarks to measure progress 
                and outcomes.
            (3) Assistance.--
                    (A) Funds appropriated or otherwise made available 
                by this Act for assistance for Afghanistan may be made 
                available as a United States contribution to the 
                Afghanistan Reconstruction Trust Fund (ARTF) unless the 
                Secretary of State determines and reports to the 
                Committees on Appropriations that the World Bank 
                Monitoring Agent of the ARTF is unable to conduct its 
                financial control and audit responsibilities.
                    (B) Funds appropriated under the headings 
                ``Economic Support Fund'' and ``International Narcotics 
                Control and Law Enforcement'' in this Act that are 
                available for assistance for Afghanistan--
                            (i) shall be made available in a manner 
                        that emphasizes the equitable participation of 
                        Afghan women, prevents and responds to gender-
                        based violence, and directly improves the 
                        security, economic and social well-being, and 
                        political status, and protects the rights of, 
                        Afghan women, girls, and boys and complies with 
                        section 7059 of this Act, including support for 
                        the Afghan Independent Human Rights Commission, 
                        the Afghan Ministry of Women's Affairs, and 
                        women-led organizations; and
                            (ii) may be made available for a United 
                        States contribution to an internationally 
                        managed fund to support the reconciliation with 
                        and disarmament, demobilization, and 
                        reintegration into Afghan society of former 
                        combatants who have renounced violence against 
                        the Government of Afghanistan:  Provided, That 
                        funds may be made available to support 
                        reconciliation and reintegration activities 
                        only if:
                                    (I) Afghan women are participating 
                                at national, provincial, and local 
                                levels of government in the design, 
                                policy formulation, and implementation 
                                of the reconciliation or reintegration 
                                process, and such process protects the 
                                rights of Afghan women; and
                                    (II) such funds will not be used to 
                                support any pardon or immunity from 
                                prosecution, or any position in the 
                                Government of Afghanistan or security 
                                forces, for any leader of an armed 
                                group responsible for crimes against 
                                humanity, war crimes, or acts of 
                                terrorism.
                    (C) The authority contained in section 1102(c) of 
                Public Law 111-32 shall continue in effect during 
                fiscal year 2013 and shall apply as if part of this 
                Act.
                    (D)(i) Of the funds appropriated by this Act that 
                are made available for assistance for Afghanistan, not 
                less than $75,000,000 shall be made available for rule 
                of law programs:  Provided, That decisions on the uses 
                of such funds shall be the responsibility of the 
                Coordinator for Rule of Law (the Coordinator), in 
                consultation with the Interagency Planning and 
                Implementation Team, at the United States Embassy in 
                Kabul, Afghanistan.
                    (ii) The Coordinator shall be consulted on the use 
                of all funds appropriated by this Act for rule of law 
                programs in Afghanistan.
                    (E) Funds appropriated by this Act or any other Act 
                that are available for the construction of any water, 
                energy, transportation, or other infrastructure 
                assistance project in Afghanistan that is estimated to 
                cost more than $15,000,000 and requires the concurrence 
                of, or is developed jointly with, the Secretary of 
                State or the USAID Administrator, should not receive 
                such concurrence unless the Secretary or the 
                Administrator, as appropriate, first reports in writing 
                to the Committees on Appropriations--
                            (i) that the project is based on best 
                        development practices including lessons learned 
                        from recent audits of similar projects;
                            (ii) that the Government of Afghanistan has 
                        a credible plan to sustain the project; and
                            (iii) the contingency plan to mitigate the 
                        risk of sustainment failure.
                    (F) None of the funds made available by this Act 
                shall be used to support or continue any program or 
                activity initially funded under the authority of the 
                Task Force for Business and Stability Operations, 
                unless the Secretary of State, in consultation with the 
                USAID Administrator and the Secretary of Defense, has 
                provided a detailed justification for such program or 
                activity to the Committees on Appropriations, 
                including--
                            (i) an explanation of why the Department of 
                        Defense is no longer funding such program or 
                        activity;
                            (ii) steps by the Government of Afghanistan 
                        to include funding for such program or activity 
                        in its national budget;
                            (iii) benchmarks to measure the impact of 
                        such program or activity; and
                            (iv) a description of management controls 
                        in place to ensure funds are used for intended 
                        purposes.
                    (G) None of the funds appropriated or otherwise 
                made available by this Act may be used by the 
                Government of the United States to enter into a 
                permanent basing rights agreement between the United 
                States and Afghanistan.
                    (H) Any significant modification to the scope, 
                objectives, or implementation mechanisms of United 
                States assistance programs in Afghanistan shall be 
                subject to prior consultation with, and the regular 
                notification procedures of, the Committees on 
                Appropriations, except that the prior consultation 
                requirement may be waived in a manner consistent with 
                section 7015(e) of this Act.
                    (I) Funds appropriated under titles III through VI 
                of this Act that are made available for assistance for 
                Afghanistan may be made available notwithstanding 
                section 7012 of this Act or any similar provision of 
                law and section 660 of the Foreign Assistance Act of 
                1961.
                    (J) Funds appropriated under titles III and IV of 
                this Act for assistance for Afghanistan shall be 
                matched, to the maximum extent practicable, from 
                sources other than the Government of the United States.
            (4) Reports.--
                    (A) The spend plan required by section 7076 of this 
                Act for assistance for Afghanistan shall include 
                achievable and sustainable goals, benchmarks for 
                measuring progress, and expected results regarding 
                furthering development in Afghanistan and establishing 
                conditions conducive to the rule of law and transparent 
                and accountable governance:  Provided, That not later 
                than 6 months after submission of such spend plan, and 
                each 6 months thereafter until September 30, 2014, the 
                Secretary of State shall submit a report to the 
                Committees on Appropriations on the status of achieving 
                the goals and benchmarks in such plan.
                    (B) The Secretary of State should suspend 
                assistance for the Government of Afghanistan if any 
                report required by paragraph (A) indicates that 
                Afghanistan is failing to make measurable progress in 
                meeting such goals or benchmarks.
            (5) Oversight.--The Special Inspector General for 
        Afghanistan Reconstruction and the Inspectors General of the 
        Department of State and USAID, shall jointly develop and submit 
        to the Committees on Appropriations within 45 days of enactment 
        of this Act a coordinated audit and inspection plan of United 
        States assistance for, and civilian operations in, Afghanistan.
    (b) Nepal.--
            (1) Funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' may be made available 
        for assistance for Nepal only if the Secretary of State 
        certifies to the Committees on Appropriations that the Nepal 
        Army is--
                    (A) cooperating fully with investigations and 
                prosecutions of violations of human rights by civilian 
                judicial authorities; and
                    (B) working constructively to redefine the Nepal 
                Army's mission and adjust its size accordingly, 
                implement reforms including strengthening the capacity 
                of the civilian ministry of defense to improve budget 
                transparency and accountability, and facilitate the 
                integration of former rebel combatants into the 
                security forces including the Nepal Army, consistent 
                with the goals of reconciliation, peace and stability.
            (2) The conditions in paragraph (1) shall not apply to 
        assistance for humanitarian relief and reconstruction 
        activities in Nepal.
    (c) Pakistan.--
            (1) Certification.--
                    (A) None of the funds appropriated or otherwise 
                made available by this Act under the headings 
                ``Economic Support Fund'', ``International Narcotics 
                Control and Law Enforcement'', ``Foreign Military 
                Financing Program'', and ``Pakistan Counterinsurgency 
                Capability Fund'' for assistance for the Government of 
                Pakistan may be made available unless the Secretary of 
                State certifies to the Committees on Appropriations 
                that the Government of Pakistan is--
                            (i) cooperating with the United States in 
                        counterterrorism efforts against the Haqqani 
                        Network, the Quetta Shura Taliban, Lashkar e-
                        Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other 
                        domestic and foreign terrorist organizations, 
                        including taking steps to end support for such 
                        groups and prevent them from basing and 
                        operating in Pakistan and carrying out cross 
                        border attacks into neighboring countries;
                            (ii) not supporting terrorist activities 
                        against United States or coalition forces in 
                        Afghanistan, and Pakistan's military and 
                        intelligence agencies are not intervening 
                        extra-judicially into political and judicial 
                        processes in Pakistan;
                            (iii) dismantling improvised explosive 
                        device (IED) networks and interdicting 
                        precursor chemicals used in the manufacture of 
                        IEDs;
                            (iv) preventing the proliferation of 
                        nuclear-related material and expertise;
                            (v) implementing policies to protect 
                        judicial independence and due process of law;
                            (vi) issuing visas in a timely manner for 
                        United States visitors engaged in 
                        counterterrorism efforts and assistance 
                        programs in Pakistan; and
                            (vii) providing humanitarian organizations 
                        access to detainees, internally displaced 
                        persons, and other Pakistani civilians affected 
                        by the conflict.
                    (B) The Secretary of State may waive the 
                requirements of subparagraph (A) if it is important to 
                the national security interests of the United States.
            (2) Assistance.--
                    (A) Of the funds appropriated under titles III, IV, 
                and VIII of this Act, not more than $800,346,000 may be 
                made available for assistance for Pakistan, including 
                not more than $375,000,000 from funds appropriated 
                under the heading ``Economic Support Fund'', not more 
                than $100,000,000 from funds appropriated under the 
                heading ``International Narcotics Control and Law 
                Enforcement'', not more than $250,000,000 from funds 
                appropriated under the heading ``Foreign Military 
                Financing Program'', and not more than $50,000,000 from 
                funds appropriated under the heading ``Pakistan 
                Counterinsurgency Capability Fund''.
                    (B) Funds appropriated by this Act under the 
                headings ``Foreign Military Financing Program'' and 
                ``Pakistan Counterinsurgency Capability Fund'' for 
                assistance for Pakistan may be made available only to 
                support counterterrorism, counterinsurgency, and 
                counterpiracy capabilities in Pakistan, and are subject 
                to section 620M of the Foreign Assistance Act of 1961, 
                as amended by this Act.
                    (C) Funds appropriated by this Act under the 
                heading ``Economic Support Fund'' that are available 
                for assistance for Pakistan should be made available to 
                interdict precursor materials from Pakistan to 
                Afghanistan that are used to manufacture improvised 
                explosive devices, including calcium ammonium nitrate; 
                to support programs to train border and customs 
                officials in Pakistan and Afghanistan; and for 
                agricultural extension programs that encourage 
                alternative fertilizer use among Pakistani farmers.
                    (D) Funds appropriated by this Act under the 
                heading ``Economic Support Fund'' that are available 
                for assistance for Pakistan may be made available for 
                the Chief of Mission Fund, as authorized by section 
                101(c)(5) of Public Law 111-73.
                    (E) Funds appropriated by this Act under the 
                heading ``Economic Support Fund'' that are made 
                available for assistance for infrastructure projects in 
                Pakistan shall be implemented in a manner consistent 
                with section 507(6) of the Trade Act of 1974 (19 U.S.C. 
                2467(6)).
                    (F) Funds appropriated by this Act under titles III 
                and IV for assistance for Pakistan may be made 
                available notwithstanding any other provision of law, 
                except for this subsection and section 620M of the 
                Foreign Assistance Act of 1961, as amended by this Act.
                    (G) Of the funds appropriated by this Act under the 
                heading ``Foreign Military Financing Program'' and made 
                available for assistance for Pakistan, $33,000,000 
                shall be withheld from obligation until the Secretary 
                of State reports to the Committees on Appropriations 
                that Dr. Shakil Afridi has been released from prison 
                and cleared of all charged relating to the assistance 
                provided to the United States in locating Osama bin 
                Laden.
            (3) Reports.--
                    (A)(i) The spend plan required by section 7076 of 
                this Act for assistance for Pakistan shall include 
                achievable and sustainable goals, benchmarks for 
                measuring progress, and expected results regarding 
                furthering development in Pakistan, countering 
                extremism, and establishing conditions conducive to the 
                rule of law and transparent and accountable governance: 
                 Provided, That such benchmarks may incorporate those 
                required in title III of Public Law 111-73, as 
                appropriate:  Provided further, That not later than 6 
                months after submission of such spend plan, and each 6 
                months thereafter until September 30, 2014, the 
                Secretary of State shall submit a report to the 
                Committees on Appropriations on the status of achieving 
                the goals and benchmarks in such plan.
                    (ii) The Secretary of State should suspend 
                assistance for the Government of Pakistan if any report 
                required by paragraph (A)(i) indicates that Pakistan is 
                failing to make measurable progress in meeting such 
                goals or benchmarks.
                    (B) Not later than 90 days after enactment of this 
                Act, the Secretary of State shall submit a report to 
                the Committees on Appropriations detailing the costs 
                and objectives associated with significant 
                infrastructure projects supported by the United States 
                in Pakistan, and an assessment of the extent to which 
                such projects achieve such objectives.
    (d) Sri Lanka.--
            (1) None of the funds appropriated by this Act under the 
        heading ``Foreign Military Financing Program'' or under the 
        Arms Export Control Act may be made available for assistance 
        for Sri Lanka, no defense export license may be issued, and no 
        military equipment or technology shall be sold or transferred 
        to Sri Lanka pursuant to the authorities contained in this Act 
        or any other Act, unless the Secretary of State certifies to 
        the Committees on Appropriations that the Government of Sri 
        Lanka is meeting the conditions that appear under this section 
        in the report accompanying this Act.
            (2) Paragraph (1) shall not apply to assistance for 
        humanitarian demining and aerial and maritime surveillance.
            (3) If the Secretary makes the certification required in 
        paragraph (1), funds appropriated under the heading ``Foreign 
        Military Financing Program'' that are made available for 
        assistance for Sri Lanka should be used to support the 
        recruitment and training of Tamils into the Sri Lankan 
        military, Tamil language training for Sinhalese military 
        personnel, and human rights training for all military 
        personnel.
            (4) The Secretary of the Treasury shall instruct the United 
        States executive directors of the international financial 
        institutions to vote against any loan, agreement, or other 
        financial support for Sri Lanka except to meet basic human 
        needs, unless the Secretary of State certifies to the 
        Committees on Appropriations that the Government of Sri Lanka 
        is meeting the conditions that appear under this section in the 
        report accompanying this Act.
    (e) Regional Cross Border Programs.--Of the funds appropriated by 
this Act under the heading ``Economic Support Fund'' that are available 
for assistance for Afghanistan and Pakistan, not less than $15,000,000 
shall be made available, notwithstanding any other provision of law 
that restricts assistance to foreign countries, for cross border 
stabilization and development programs between Afghanistan and Pakistan 
or between either country and the Central Asian republics.

           prohibition of payments to united nations members

    Sec. 7047.  None of the funds appropriated or made available 
pursuant to titles III through VI of this Act for carrying out the 
Foreign Assistance Act of 1961, may be used to pay in whole or in part 
any assessments, arrearages, or dues of any member of the United 
Nations or, from funds appropriated by this Act to carry out chapter 1 
of part I of the Foreign Assistance Act of 1961, the costs for 
participation of another country's delegation at international 
conferences held under the auspices of multilateral or international 
organizations.

                     war crimes tribunals drawdown

    Sec. 7048.  If the President determines that doing so will 
contribute to a just resolution of charges regarding genocide or other 
violations of international humanitarian law, the President may direct 
a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 
1961 of up to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to the former 
Yugoslavia by the United Nations Security Council or such other 
tribunals or commissions as the Council may establish or authorize to 
deal with such violations, without regard to the ceiling limitation 
contained in paragraph (2) thereof:  Provided, That the determination 
required under this section shall be in lieu of any determinations 
otherwise required under section 552(c):  Provided further, That funds 
made available pursuant to this section shall be made available subject 
to the regular notification procedures of the Committees on 
Appropriations.

                             united nations

    Sec. 7049. (a) Transparency and Accountability.--
            (1) Of the funds appropriated under title I and under the 
        heading ``International Organizations and Programs'' in title V 
        of this Act that are available for contributions to any United 
        Nations agency or to the Organization of American States, 10 
        percent shall be withheld from obligation for such agency or 
        organization if the agency or organization is not--
                    (A) publishing on a publicly available Web site, 
                consistent with privacy regulations and due process, 
                regular financial and programmatic audits of the agency 
                or organization, and providing the United States 
                Government with necessary access to such financial and 
                performance audits; and
                    (B) implementing best practices for the protection 
                of whistleblowers from retaliation, including for legal 
                burdens of proof, access to independent adjudicative 
                bodies, results that eliminate the effects of 
                retaliation, and statutes of limitation for reporting 
                retaliation.
            (2) The Secretary of State may waive the restriction in 
        this subsection on a case-by-case basis if the Secretary 
        determines and reports that to do so is in the national 
        interest of the United States.
    (b) Restrictions on United Nations Organizations.--None of the 
funds made available under title I of this Act may be used by the 
Secretary of State as a contribution to any organization, agency, 
commission, or program within the United Nations system if such 
organization, agency, commission, or program is chaired or presided 
over by a country, the government of which the Secretary of State has 
determined, for purposes of section 620A of the Foreign Assistance Act 
of 1961, section 40 of the Arms Export Control Act, section 6(j)(1) of 
the Export Administration Act of 1979, or any other provision of law, 
is a government that has repeatedly provided support for acts of 
international terrorism:  Provided, That the Secretary of State may 
waive the restriction in this subsection if the Secretary determines 
and reports to the Committees on Appropriations that to do so is in the 
national interest of the United States.
    (c) United Nations Human Rights Council.--Funds appropriated by 
this Act may be made available for voluntary contributions or payment 
of United States assessments in support of the United Nations Human 
Rights Council if the Secretary of State reports to the Committees on 
Appropriations that participation in the Council is in the national 
interest of the United States:  Provided, That the Secretary of State 
shall report to the Committees on Appropriations not later than 
September 30, 2013, on the resolutions considered in the United Nations 
Human Rights Council during the previous 12 months.
    (d) Capital Master Plan.--None of the funds appropriated by this 
Act may be made available as a United States contribution for 
additional costs for the Capital Master Plan construction project for 
the United Nations Headquarters in New York.
    (e) Reporting Requirement.--Not later than 45 days after enactment 
of this Act, the Secretary of State shall submit a report to the 
Committees on Appropriation detailing the amount of funds available for 
obligation or expenditure in fiscal year 2013 under the headings 
``Contributions to International Organizations'' and ``International 
Organizations and Programs'' that are withheld from obligation or 
expenditure due to any provision of law:  Provided, That the Secretary 
of State shall update such report each time additional funds are 
withheld by operation of any provision of law:  Provided further, That 
the reprogramming of any withheld funds identified in such report, 
including updates thereof, shall be subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations.

                   community-based police assistance

    Sec. 7050. (a) Authority.--Funds made available by titles III and 
IV of this Act to carry out the provisions of chapter 1 of part I and 
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may 
be used, notwithstanding section 660 of that Act, to enhance the 
effectiveness and accountability of civilian police authority through 
training and technical assistance in human rights, the rule of law, 
anti-corruption, strategic planning, and through assistance to foster 
civilian police roles that support democratic governance, including 
assistance for programs to prevent conflict, respond to disasters, 
address gender-based violence, and foster improved police relations 
with the communities they serve.
    (b) Notification.--Assistance provided under subsection (a) shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.

                              conferences

    Sec. 7051. (a) Attendance at International Conferences.--None of 
the funds made available in this Act may be used to send or otherwise 
pay for the attendance of more than 50 employees of agencies or 
departments of the Government of the United States who are stationed in 
the United States, at any single international conference occurring 
outside the United States, unless the Secretary of State reports to the 
Committees on Appropriations at least 5 days in advance that the 
additional employees will not perform a redundant function and such 
attendance is important to the national interest:  Provided, That for 
purposes of this section the term ``international conference'' shall 
mean a conference attended by representatives of the Government of the 
United States and of foreign governments, international organizations, 
or nongovernmental organizations.
    (b) Reports on Conference Costs.--
            (1) The head of any department, agency, board, or 
        commission funded by this Act shall submit semi-annual reports 
        to the Inspector General, or senior ethics official for any 
        entity without an inspector general, of the appropriate 
        department, agency, board, or commission regarding the costs 
        and contracting procedures relating to each conference held by 
        such department, agency, board, or commission during fiscal 
        year 2013 for which the cost to the United States Government 
        was more than $20,000, and shall post such reports on their 
        respective Web sites.
            (2) Each report submitted shall include, for each 
        conference held during the applicable 6 month period--
                    (A) a description of the purpose;
                    (B) the number of participants attending;
                    (C) a detailed statement of the cost to the United 
                States Government; and
                    (D) a description of the contracting procedures.
            (3) A grant or contract funded by amounts appropriated by 
        this Act may not be used for the purpose of defraying the cost 
        of a conference that is not directly and programmatically 
        related to the purpose for which the grant or contract was 
        awarded.
            (4) None of the funds made available by this Act may be 
        used for travel and conference activities that are not in 
        compliance with the Office of Management and Budget M-12-12 
        dated May 11, 2012.

                   aircraft transfer and coordination

    Sec. 7052. (a) Transfer Authority.--Notwithstanding any other 
provision of law or regulation, aircraft procured with funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under the 
headings ``Diplomatic and Consular Programs'', ``International 
Narcotics Control and Law Enforcement'', ``Andean Counterdrug 
Initiative'' and ``Andean Counterdrug Programs'' may be used for any 
other program and in any region, including for the transportation of 
active and standby Civilian Response Corps personnel and equipment 
during a deployment:  Provided, That the responsibility for policy 
decisions and justification for the use of such transfer authority 
shall be the responsibility of the Secretary of State and the Deputy 
Secretary of State and this responsibility shall not be delegated.
    (b) Property Disposal.--The authority provided in subsection (a) 
shall apply only after the Secretary of State determines and reports to 
the Committees on Appropriations that the equipment is no longer 
required to meet programmatic purposes in the designated country or 
region:  Provided, That any such transfer shall be subject to prior 
consultation with, and the regular notification procedures of, the 
Committees on Appropriations.
    (c) Aircraft Coordination.--
            (1) The uses of aircraft purchased or leased by the 
        Department of State and USAID with funds made available in this 
        Act or prior Acts making appropriations for the Department of 
        State, foreign operations, and related programs shall be 
        coordinated under the authority of the appropriate Chief of 
        Mission:  Provided, That such aircraft may be used to 
        transport, on a reimbursable or non-reimbursable basis, Federal 
        and non-Federal personnel supporting Department of State and 
        USAID programs and activities:  Provided further, That official 
        travel for other agencies for other purposes may be supported 
        on a reimbursable basis, or without reimbursement when 
        traveling on a space available basis:  Provided further, That 
        in fiscal year 2013 and thereafter, funds received by the 
        Department of State for the use of aircraft owned, leased, or 
        chartered by the Department of State may be credited to the 
        Department's Working Capital Fund and shall be available for 
        expenses related to the purchase, lease, maintenance, 
        chartering, or operation of such aircraft.
            (2) The requirement and authorities of this subsection 
        shall only apply to aircraft, the primary purpose of which is 
        the transportation of personnel.

   parking fines and real property taxes owed by foreign governments

    Sec. 7053.  The terms and conditions of section 7055 of division F 
of Public Law 111-117 shall apply to this Act:  Provided, That the date 
``September 30, 2009'' in subsection (f)(2)(B) shall be deemed to be 
``September 30, 2012''.

                    landmines and cluster munitions

    Sec. 7054. (a) Landmines.--Notwithstanding any other provision of 
law, demining equipment available to USAID and the Department of State 
and used in support of the clearance of landmines and unexploded 
ordnance for humanitarian purposes may be disposed of on a grant basis 
in foreign countries, subject to such terms and conditions as the 
Secretary of State may prescribe.
    (b) Cluster Munitions.--No military assistance shall be furnished 
for cluster munitions, no defense export license for cluster munitions 
may be issued, and no cluster munitions or cluster munitions technology 
shall be sold or transferred, unless--
            (1) the submunitions of the cluster munitions, after 
        arming, do not result in more than 1 percent unexploded 
        ordnance across the range of intended operational environments; 
        and
            (2) the agreement applicable to the assistance, transfer, 
        or sale of such cluster munitions or cluster munitions 
        technology specifies that the cluster munitions will only be 
        used against clearly defined military targets and will not be 
        used where civilians are known to be present or in areas 
        normally inhabited by civilians.

                 prohibition on publicity or propaganda

    Sec. 7055.  No part of any appropriation contained in this Act 
shall be used for publicity or propaganda purposes within the United 
States not authorized before the date of the enactment of this Act by 
the Congress:  Provided, That not to exceed $25,000 may be made 
available to carry out the provisions of section 316 of Public Law 96-
533.

                    limitation on residence expenses

    Sec. 7056.  Of the funds appropriated or made available pursuant to 
title II of this Act, not to exceed $100,500 shall be for official 
residence expenses of the United States Agency for International 
Development during the current fiscal year.

     united states agency for international development management

                     (including transfer of funds)

    Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made 
available in title III of this Act to carry out the provisions of part 
I of the Foreign Assistance Act of 1961 may be used by USAID to hire 
and employ individuals in the United States and overseas on a limited 
appointment basis pursuant to the authority of sections 308 and 309 of 
the Foreign Service Act of 1980.
    (b) Restrictions.--
            (1) The number of individuals hired in any fiscal year 
        pursuant to the authority contained in subsection (a) may not 
        exceed 175.
            (2) The authority to hire individuals contained in 
        subsection (a) shall expire on September 30, 2014.
    (c) Conditions.--The authority of subsection (a) should only be 
used to the extent that an equivalent number of positions that are 
filled by personal services contractors or other non-direct hire 
employees of USAID, who are compensated with funds appropriated to 
carry out part I of the Foreign Assistance Act of 1961 are eliminated.
    (d) Program Account Charged.--The account charged for the cost of 
an individual hired and employed under the authority of this section 
shall be the account to which such individual's responsibilities 
primarily relate:  Provided, That funds made available to carry out 
this section may be transferred to, and merged with, funds appropriated 
by this Act in title II under the heading ``Operating Expenses''.
    (e) Foreign Service Limited Extensions.--Individuals hired and 
employed by USAID, with funds made available in this Act or prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs, pursuant to the authority of section 309 of the 
Foreign Service Act of 1980, may be extended for a period of up to 4 
years notwithstanding the limitation set forth in such section.
    (f) Disaster Surge Capacity.--Funds appropriated under title III of 
this Act to carry out part I of the Foreign Assistance Act of 1961 may 
be used, in addition to funds otherwise available for such purposes, 
for the cost (including the support costs) of individuals detailed to 
or employed by USAID whose primary responsibility is to carry out 
programs in response to natural or man-made disasters subject to the 
regular notification procedures of the Committees on Appropriations.
    (g) Personal Services Contractors.--Funds appropriated by this Act 
to carry out chapter 1 of part I, chapter 4 of part II, and section 667 
of the Foreign Assistance Act of 1961, and title II of the Agricultural 
Trade Development and Assistance Act of 1954, may be used by USAID to 
employ up to 40 personal services contractors in the United States, 
notwithstanding any other provision of law, for the purpose of 
providing direct, interim support for new or expanded overseas programs 
and activities managed by the agency until permanent direct hire 
personnel are hired and trained:  Provided, That not more than 15 of 
such contractors shall be assigned to any bureau or office:  Provided 
further, That such funds appropriated to carry out title II of the 
Agricultural Trade Development and Assistance Act of 1954, may be made 
available only for personal services contractors assigned to the Office 
of Food for Peace.
    (h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may 
provide an exception to the fair opportunity process for placing task 
orders under such contracts when the order is placed with any category 
of small or small disadvantaged business.
    (i) Senior Foreign Service Limited Appointments.--Individuals hired 
pursuant to the authority provided by section 7059(o) of division F of 
Public Law 111-117 may be assigned to or support programs in Iraq, 
Afghanistan, or Pakistan with funds made available in this Act and 
prior Acts making appropriations for the Department of State, foreign 
operations, and related programs.

                        global health activities

    Sec. 7058. (a) In General.--Funds appropriated by titles III and IV 
of this Act that are made available for bilateral assistance for global 
health activities including activities relating to research on, and the 
prevention, treatment and control of, HIV/AIDS may be made available 
notwithstanding any other provision of law except for provisions under 
the heading ``Global Health Programs'' and the United States Leadership 
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 
22 U.S.C. 7601 et seq.), as amended:  Provided, That of the funds 
appropriated under title III of this Act, not less than $700,000,000 
should be made available for family planning/reproductive health, 
including in areas where population growth threatens biodiversity or 
endangered species.
    (b) Global Fund.--Not later than September 30, 2013, the Secretary 
of State shall submit a report to the Committees on Appropriations 
assessing progress by the Global Fund to Fight AIDS, Tuberculosis, and 
Malaria (Global Fund) in implementing the recommendations contained in 
the Final Report of the High-Level Independent Review Panel on 
Fiduciary Controls and Oversight Mechanisms of the Global Fund (the 
Final Report):  Provided, That the Secretary of State should consider 
withholding a portion of the United States contribution to the Global 
Fund, if necessary, to further the implementation of such 
recommendations, subject to prior consultation with the Committees on 
Appropriations, but any such withholding shall not be in addition to 
funds that are withheld from the Global Fund in fiscal year 2013 
pursuant to the application of any other provision contained in this or 
any other Act.
    (c) Pandemic Response.--If the President determines and reports to 
the Committees on Appropriations that a pandemic virus is efficient and 
sustained, severe, and is spreading internationally, funds made 
available under titles III, IV, and VIII in this Act and prior Acts 
making appropriations for the Department of State, foreign operations, 
and related programs may be made available to combat such virus:  
Provided, That funds made available pursuant to the authority of this 
subsection shall be subject to prior consultation with, and the regular 
notification procedures of, the Committees on Appropriations.
    (d) Challenge Grants.--Funds appropriated by this Act under the 
heading ``Global Health Programs'' that are administered by the Office 
of the United States Global HIV/AIDS Coordinator and made available for 
programs to combat HIV/AIDS, shall be made available as challenge 
grants in countries receiving assistance from the Global Fund to Fight 
AIDS, Tuberculosis and Malaria (the Global Fund):  Provided, That the 
purpose of such challenge grants shall be to leverage funding from host 
country governments, multilateral organizations, including the World 
Bank, and/or other donor governments for activities supported by the 
Global Fund:  Provided further, That not later than 180 days after 
implementation of a challenge grants program, the Secretary of State 
shall submit a report to the Committees on Appropriations assessing the 
ability of such program to increase funding for activities supported by 
the Global Fund from sources other than the United States Government 
and recommendations for improving such program.

                            gender programs

    Sec. 7059. (a) Gender Equality.--
            (1) Of the funds appropriated by this Act, not less than 
        $1,650,000,000 shall be made available for gender programs.
            (2) The Secretary of State and the USAID Administrator 
        shall make every effort to integrate a focus on gender equality 
        in Department of State and USAID headquarters and overseas 
        operations, including in strategic planning and budget 
        allocations, and in monitoring and evaluation of the impact of 
        United States policies and programs on women and girls in 
        foreign countries, as appropriate.
            (3) Funds appropriated by this Act shall be made available 
        to promote gender equality in United States Government 
        diplomatic and development efforts by raising the status, 
        increasing the participation, and protecting the rights of 
        women and girls worldwide, including by--
                    (A) expanding access to education and health 
                services for women and girls;
                    (B) providing women and girls access to legal and 
                other protective services;
                    (C) expanding economic opportunities for poor 
                women, including increasing the number and capacity of 
                women-owned enterprises that employ the poor and very 
                poor, improving property rights for women, increasing 
                access to financial services and capital for women 
                living in poverty, enhancing the role of women in 
                economic decision-making and the ability of women to 
                participate in local, national, and global markets;
                    (D) focusing on reducing disparities between 
                women's and men's access to, control over, and ability 
                to benefit economically, politically, and socially from 
                resources and services;
                    (E) ensuring that programs to strengthen food 
                security and agricultural development take into account 
                the unique needs of women, in particular increasing 
                women's assets and prioritizing access to inputs, 
                technologies, and technical assistance for women 
                farmers; and
                    (F) increasing the participation of women in the 
                planning, implementation, monitoring, and evaluation of 
                such efforts, including by building the capacity of 
                women-focused organizations.
    (b) Women's Political Leadership.--Of the funds appropriated under 
the headings ``Development Assistance'', ``Economic Support Fund'', 
``Democracy Fund'', and ``Middle East and North Africa Incentive Fund'' 
in this Act, not less than $50,000,000 shall be made available for 
programs and activities to increase political opportunities for women 
in countries where women and girls suffer severe forms of 
discrimination due to law, policy, or practice, by strengthening 
protections for women's political status, expanding women's 
participation in political parties and elections, and increasing 
women's access to leadership positions in government at the local, 
provincial, and national levels.
    (c) Gender-Based Violence.--
            (1) Of the funds appropriated under the headings ``Global 
        Health Programs'', ``Development Assistance'', ``Economic 
        Support Fund'', ``Democracy Fund'', ``Middle East and North 
        Africa Incentive Fund'', and ``International Narcotics Control 
        and Law Enforcement'' in this Act, not less than $150,000,000 
        shall be made available, notwithstanding section 660 of the 
        Foreign Assistance Act of 1961, to strengthen, expand, and 
        implement a multi-year strategy to prevent and respond to 
        gender-based violence in countries where it is common in 
        conflict and non-conflict settings, and funds appropriated 
        under the headings ``International Disaster Assistance'', 
        ``Transition Initiatives'', ``Complex Crises Fund'', 
        ``Migration and Refugee Assistance'', and ``Emergency Refugee 
        and Migration Assistance'' should be made available for such 
        efforts.
            (2) Department of State and USAID gender programs shall 
        incorporate coordinated efforts to combat a variety of forms of 
        gender-based violence, including child marriage, rape, female 
        genital cutting and mutilation, and domestic violence, among 
        other forms of gender-based violence in conflict and non-
        conflict settings.
            (3) Programs and activities funded under titles III and IV 
        of this Act to train foreign police, judicial, and military 
        personnel, including for international peacekeeping operations, 
        shall address, where appropriate, prevention and response to 
        gender-based violence and trafficking in persons, 
        notwithstanding section 660 of the Foreign Assistance Act of 
        1961, and shall promote the integration of women into the 
        police and other security forces of their countries.
    (d) Strategy to Implement the National Action Plan.--
            (1) Of the funds appropriated under titles III and IV (but 
        not including funds appropriated under the headings 
        ``Development Assistance'' and ``International Disaster 
        Assistance'') in this Act, not less than $50,000,000 shall be 
        made available to support a multi-year strategy to fully 
        implement the United States National Action Plan on Women, 
        Peace, and Security, including to expand, and improve 
        coordination of, United States Government efforts to empower 
        women as equal partners in conflict prevention, peace building, 
        transitional processes, and reconstruction efforts in countries 
        affected by conflict or in political transitions which may 
        perpetuate the inequality of, and discrimination and violence 
        against, women and girls, and to ensure their equal access to 
        relief and recovery assistance.
            (2) The Secretary of State shall submit a report to the 
        Committees on Appropriations not later than 120 days after 
        enactment of this Act describing the strategy required in 
        paragraph (1) and how existing programs are being redesigned to 
        directly and concretely implement such strategy.
    (e) Funds made available by this Act for assistance for women and 
girls shall be made available notwithstanding any other provision of 
law:  Provided, That nothing in this section shall be construed to 
alter any existing statutory prohibitions against abortion or 
involuntary sterilizations contained in this or any other Act.

                           sector allocations

    Sec. 7060. (a) Basic and Higher Education.--
            (1) Basic education.--Of the funds appropriated by title 
        III of this Act, up to $800,000,000 may be made available for 
        assistance for basic education, including as a contribution to 
        the Global Partnership for Education.
            (2) Higher education.--Of the funds appropriated by title 
        III of this Act, not less than $215,000,000 shall be made 
        available for assistance for higher education, of which 
        $25,000,000 shall be to support such programs in Africa, 
        including for partnerships between higher education 
        institutions in Africa and the United States.
    (b) Development Grants Program.--Of the funds appropriated in title 
III of this Act, not less than $45,000,000 shall be made available for 
the Development Grants Program established pursuant to section 674 of 
the Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2008 (division J of Public Law 110-161), primarily 
for unsolicited proposals for activities within any sector, to support 
grants of not more than $2,000,000 to small nongovernmental 
organizations:  Provided, That funds made available under this 
subsection are in addition to other funds available for such purposes 
including funds designated by this Act by subsection (f).
    (c) Environment and Energy.--
            (1) In general.--Of the funds appropriated by this Act, not 
        less than $1,155,000,000 shall be made available for 
        environment and energy programs.
            (2) Clean energy programs.--The limitation in section 
        7081(b) of division F of Public Law 111-117 shall continue in 
        effect during fiscal year 2013 as if part of this Act:  
        Provided, That the proviso contained in such section shall not 
        apply.
            (3) Adaptation programs.--Funds appropriated by this Act 
        may be made available for United States contributions to the 
        Least Developed Countries Fund, the Special Climate Change 
        Fund, the Forest Carbon Partnership Facility, the Green Climate 
        Fund, and the Partnership for Market Readiness to support 
        adaptation and mitigation programs and activities.
            (4) Sustainable landscapes and biodiversity programs.--Of 
        the funds appropriated under title III of this Act, not less 
        than $111,000,000 shall be made available for sustainable 
        landscapes programs and, in addition, not less than 
        $200,000,000 shall be made available to protect biodiversity, 
        including not less than $2,000,000 to implement and enforce 
        section 8204 of Public Law 110-246, and shall not be used to 
        support or promote industrial scale logging in areas of 
        tropical forest where no such logging occured prior to the date 
        of enactment of this Act:  Provided, That funds made available 
        for the Central African Regional Program for the Environment 
        and other tropical forest programs in the Congo Basin for the 
        United States Fish and Wildlife Service (USFWS) shall be 
        apportioned directly to the USFWS:  Provided further, That 
        funds made available for the Department of the Interior (DOI) 
        for programs in the Mayan Biosphere Reserve shall be 
        apportioned directly to the DOI:  Provided further, That such 
        funds shall also support programs to protect great apes in 
        Africa and Indonesia, and other endangered species.
            (5) Authority.--Funds appropriated by this Act to carry out 
        the provisions of sections 103 through 106, and chapter 4 of 
        part II, of the Foreign Assistance Act of 1961 may be used, 
        notwithstanding any other provision of law except for the 
        provisions of this subsection and subject to the regular 
        notification procedures of the Committees on Appropriations, to 
        support programs and activities specified in this section.
            (6) Extraction of natural resources.--
                    (A) Funds appropriated by this Act shall be made 
                available to promote and support transparency and 
                accountability of expenditures and revenues related to 
                the extraction of natural resources, including by 
                strengthening implementation and monitoring of the 
                Extractive Industries Transparency Initiative, 
                implementing and enforcing section 8204 of Public Law 
                110-246 and the Kimberley Process Certification Scheme, 
                and providing technical assistance to promote 
                independent audit mechanisms and support civil society 
                participation in natural resource management.
                    (B)(i) The Secretary of the Treasury shall inform 
                the managements of the international financial 
                institutions and post on the Department of the 
                Treasury's Web site that it is the policy of the United 
                States to vote against any assistance by such 
                institutions (including but not limited to any loan, 
                credit, grant, or guarantee) for the extraction and 
                export of a natural resource if the government of the 
                country has in place laws or regulations to prevent or 
                limit the public disclosure of company payments as 
                required by section 1504 of Public Law 111-203, and 
                unless such government has in place functioning systems 
                in the sector in which assistance is being considered 
                for--
                            (I) accurately accounting for and public 
                        disclosure of payments to the host government 
                        by companies involved in the extraction and 
                        export of natural resources;
                            (II) the independent auditing of accounts 
                        receiving such payments and public disclosure 
                        of the findings of such audits; and
                            (III) public disclosure of such documents 
                        as Host Government Agreements, Concession 
                        Agreements, and bidding documents, allowing in 
                        any such dissemination or disclosure for the 
                        redaction of, or exceptions for, information 
                        that is commercially proprietary or that would 
                        create competitive disadvantage.
                    (ii) The requirements of clause (i) shall not apply 
                to assistance for the purpose of building the capacity 
                of such government to meet the requirements of this 
                subparagraph.
                    (C) The Secretary of the Treasury or the Secretary 
                of State, as appropriate, shall instruct the United 
                States executive director of each international 
                financial institution and the United States 
                representatives to all forest-related multilateral 
                financing mechanisms and processes to vote against 
                industrial scale logging in areas of tropical forest 
                where no such logging occured prior to the date of 
                enactment of this Act.
                    (D) The Secretary of the Treasury shall instruct 
                the executive director of each international financial 
                institution to vote against the construction of any 
                coal-fired power plant that does not meet United States 
                Government emissions requirements for new coal-fired 
                power plants, and absent a thorough, independent 
                assessment including public consultation indicating 
                that a mix of conservation and efficiency measures, and 
                renewable energy alternatives, cannot together produce 
                comparable amounts of electricity at comparable cost 
                over the lifetime of the plant.
            (7) Continuation of prior law.--Section 7081(g)(2) and (4) 
        of division F of Public Law 111-117 shall continue in effect 
        during fiscal year 2013 as if part of this Act.
    (d) Food Security and Agriculture Development.--Of the funds 
appropriated by title III of this Act, not less than $1,200,000,000 
should be made available for food security and agriculture development 
programs, of which $32,000,000 shall be made available for 
Collaborative Research Support Programs:  Provided, That such funds may 
be made available notwithstanding any other provision of law to address 
food shortages, and may be made available for a United States 
contribution to the endowment of the Global Crop Diversity Trust 
pursuant to section 3202 of Public Law 110-246.
    (e) Microenterprise and Microfinance.--Of the funds appropriated by 
this Act, not less than $265,000,000 should be made available for 
microenterprise and microfinance development programs for the poor, 
especially women:  Provided, That notwithstanding the requirements of 
sections 254 (a)(1) and (2) of the Foreign Assistance Act of 1961, the 
USAID Administrator may certify, pursuant to section 254(a)(3) of such 
Act, poverty assessment tools developed by an organization other than 
USAID.
    (f) Reconciliation Programs.--
            (1) Of the funds appropriated by this Act under the 
        headings ``Economic Support Fund'' and ``Development 
        Assistance'', $26,000,000 shall be made available to support 
        people-to-people reconciliation programs which bring together 
        individuals of different ethnic, religious, and political 
        backgrounds from areas of civil strife and war, of which 
        $10,000,000 shall be made available for such programs in the 
        Middle East:  Provided, That the USAID Administrator shall 
        consult with the Committees on Appropriations, prior to the 
        initial obligation of funds, on the uses of such funds:  
        Provided further, That to the maximum extent practicable, such 
        funds shall be matched by sources other than the United States 
        Government.
            (2) Funds appropriated by this Act under the headings 
        ``Economic Support Fund'' and ``Development Assistance'' may be 
        made available for a ``New Generation in the Middle East'' 
        initiative to build understanding, tolerance, and mutual 
        respect among the next generation of Israeli and Palestinian 
        leaders.
    (g) Trafficking in Persons.--Of the funds appropriated by this Act 
under the headings ``Development Assistance'', ``Economic Support 
Fund'', and ``International Narcotics Control and Law Enforcement'', 
not less than $39,000,000 shall be made available for activities to 
combat trafficking in persons internationally.
    (h) Water and Sanitation.--Of the funds appropriated by this Act, 
not less than $400,000,000 shall be made available for water and 
sanitation supply projects pursuant to the Senator Paul Simon Water for 
the Poor Act of 2005 (Public Law 109-121).
    (i) Notification Requirements.--Authorized deviations from funding 
levels contained in this section shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                              central asia

    Sec. 7061.  The terms and conditions of subsections (a) through (d) 
of section 7075 and subsections (a) through (e) of section 7076 of the 
Department of State, Foreign Operations, and Related Programs 
Appropriations Act, 2009 (division H of Public Law 111-8) shall apply 
to funds appropriated by this Act, except that the Secretary of State 
may waive the application of section 7076(a) for a period of not more 
than 6 months and every 6 months thereafter until September 30, 2014, 
if the Secretary certifies to the Committees on Appropriations that the 
waiver is in the national security interest and necessary to obtain 
access to and from Afghanistan for the United States, and the waiver 
includes an assessment of progress, if any, by the Government of 
Uzbekistan in meeting the requirements in section 7076(a):  Provided, 
That the Secretary of State, in consultation with the Secretary of 
Defense, shall submit a report to the Committees on Appropriations not 
later than 180 days after enactment of this Act and 12 months 
thereafter, on all United States Government assistance provided to the 
Government of Uzbekistan and expenditures made in support of the 
Northern Distribution Network in Uzbekistan, including any credible 
information that such assistance or expenditures are being diverted for 
corrupt purposes:  Provided further, That information provided in the 
assessment and report required by the previous provisos shall be 
unclassified but may be accompanied by a classified annex and such 
annex shall indicate the basis for such classification:  Provided 
further, That for the purposes of the application of section 7075(c) to 
this Act, the report shall be submitted not later than October 1, 2013, 
and for the purposes of the application of section 7076(e) to this Act, 
the term ``assistance'' shall not include expanded international 
military education and training.

                         requests for documents

    Sec. 7062.  None of the funds appropriated or made available 
pursuant to titles III through VI of this Act shall be available to a 
nongovernmental organization, including any contractor, which fails to 
provide upon timely request any document, file, or record necessary to 
the auditing requirements of the United States Agency for International 
Development.

                overseas private investment corporation

                     (including transfer of funds)

    Sec. 7063. (a) Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 1961, up 
to a total of $20,000,000 of the funds appropriated under title III of 
this Act may be transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account:  
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private Investment Corporation:  Provided 
further, That designated funding levels in this Act shall not be 
transferred pursuant to this section:  Provided further, That the 
exercise of such authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (b) Notwithstanding section 235(a)(2) of the Foreign Assistance Act 
of 1961, the authority of subsections (a) through (c) of section 234 of 
such Act shall remain in effect until September 30, 2013.

                    international prison conditions

    Sec. 7064. (a) Not later than 180 days after enactment of this Act, 
the Secretary of State shall submit to the Committees on Appropriations 
a report, which shall also be made publicly available including on the 
Department of State's Web site, describing--
            (1) conditions in prisons and other detention facilities in 
        countries whose governments receive United States assistance 
        and which the Secretary determines raise serious human rights 
        or humanitarian concerns; and
            (2) the extent to which such governments are taking steps 
        to eliminate such conditions.
    (b) For purposes of each determination made pursuant to subsection 
(a), the Secretary shall consider the criteria listed in paragraphs (1) 
through (10) of subsection (b) of section 7085 of division F of Public 
Law 111-117.
    (c) Of the funds appropriated under the headings ``Development 
Assistance'', ``Economic Support Fund'', and ``International Narcotics 
Control and Law Enforcement'' in this Act and prior Acts making 
appropriations for the Department of State, foreign operations, and 
related programs, not less than $5,000,000 shall be made available, 
notwithstanding section 660 of the Foreign Assistance Act of 1961, for 
assistance to eliminate such conditions:  Provided, That decisions 
regarding the uses of such funds shall be the responsibility of the 
Assistant Secretary of State for the Bureau of Democracy, Human Rights, 
and Labor, in consultation with USAID's Assistant Administrator for the 
Bureau for Democracy, Conflict, and Humanitarian Assistance, as 
appropriate.

                     prohibition on use of torture

    Sec. 7065. (a) None of the funds made available in this Act may be 
used to support or justify the use of torture, cruel, or inhumane 
treatment.
    (b) Funds appropriated by this Act to carry out the provisions of 
chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961 shall be made available, notwithstanding 
section 660 of the Foreign Assistance Act of 1961, for assistance to 
eliminate torture by foreign police, military or other security forces 
in countries receiving assistance from funds appropriated by this Act 
that are identified in the Department of State's most recent Country 
Reports on Human Rights Practices.

                              extradition

    Sec. 7066. (a) None of the funds appropriated in this Act may be 
used to provide assistance (other than funds provided under the 
headings ``International Narcotics Control and Law Enforcement'', 
``Migration and Refugee Assistance'', ``Emergency Migration and Refugee 
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining and 
Related Assistance'') for the central government of a country which has 
notified the Department of State of its refusal to extradite to the 
United States any individual indicted for a criminal offense for which 
the maximum penalty is life imprisonment without the possibility of 
parole or for killing a law enforcement officer, as specified in a 
United States extradition request.
    (b) Subsection (a) shall only apply to the central government of a 
country with which the United States maintains diplomatic relations and 
with which the United States has an extradition treaty and the 
government of that country is in violation of the terms and conditions 
of the treaty.
    (c) The Secretary of State may waive the restriction in subsection 
(a) on a case-by-case basis if the Secretary certifies to the 
Committees on Appropriations that such waiver is important to the 
national interests of the United States.

                 commercial leasing of defense articles

    Sec. 7067.  Notwithstanding any other provision of law, and subject 
to the regular notification procedures of the Committees on 
Appropriations, the authority of section 23(a) of the Arms Export 
Control Act may be used to provide financing to Israel, Egypt and NATO 
and major non-NATO allies for the procurement by leasing (including 
leasing with an option to purchase) of defense articles from United 
States commercial suppliers, not including Major Defense Equipment 
(other than helicopters and other types of aircraft having possible 
civilian application), if the President determines that there are 
compelling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather than by 
government-to-government sale under such Act.

             independent states of the former soviet union

    Sec. 7068. (a) None of the funds appropriated by this Act shall be 
made available for assistance for a government of an Independent State 
of the former Soviet Union if that government directs any action in 
violation of the territorial integrity or national sovereignty of any 
other Independent State of the former Soviet Union, such as those 
violations included in the Helsinki Final Act:  Provided, That such 
funds may be made available without regard to the restriction in this 
subsection if the President determines that to do so is in the national 
security interest of the United States.
    (b) Funds appropriated by this Act under the heading ``Economic 
Support Fund'' may be made available, notwithstanding any other 
provision of law, for assistance and related programs for the countries 
identified in section 3(c) of the Support for Eastern European 
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 3 of the 
FREEDOM Support Act (Public Law 102-511) and may be used to carry out 
the provisions of those Acts:  Provided, That such assistance and 
related programs from funds appropriated by this Act under the headings 
``Global Health Programs'', ``Economic Support Fund'', ``Democracy 
Fund'', ``International Narcotics Control and Law Enforcement'', 
``Nonproliferation, Anti-terrorism, Demining, and Related Programs'', 
``International Military Education and Training'', and ``Foreign 
Military Financing Program'' shall be administered in accordance with 
the responsibilities of the coordinator designated pursuant to section 
601 of the Support for Eastern European Democracy (SEED) Act of 1989 
(Public Law 101-179) and section 102 of the FREEDOM Support Act (Public 
Law 102-511).
    (c) Section 907 of the FREEDOM Support Act shall not apply to--
            (1) activities to support democracy or assistance under 
        title V of the FREEDOM Support Act and section 1424 of Public 
        Law 104-201 or non-proliferation assistance;
            (2) any assistance provided by the Trade and Development 
        Agency under section 661 of the Foreign Assistance Act of 1961 
        (22 U.S.C. 2421);
            (3) any activity carried out by a member of the United 
        States and Foreign Commercial Service while acting within his 
        or her official capacity;
            (4) any insurance, reinsurance, guarantee, or other 
        assistance provided by the Overseas Private Investment 
        Corporation under title IV of chapter 2 of part I of the 
        Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
            (5) any financing provided under the Export-Import Bank Act 
        of 1945; or
            (6) humanitarian assistance.

                      international monetary fund

    Sec. 7069. (a) The terms and conditions of sections 7086(b) (1) and 
(2) and 7090(a) of division F of Public Law 111-117 shall apply to this 
Act.
    (b) The Secretary of the Treasury shall instruct the United States 
Executive Director of the International Monetary Fund (IMF) to seek to 
ensure that any loan will be repaid to the IMF before other private 
creditors.
    (c) The Secretary of the Treasury shall seek to ensure that the IMF 
is implementing best practices for the protection of whistleblowers 
from retaliation, including best practices for legal burdens of proof, 
access to independent adjudicative bodies, results that eliminate the 
effects of retaliation, and statutes of limitation for reporting 
retaliation.

                  repression in the russian federation

    Sec. 7070. (a) None of the funds appropriated under the heading 
``Economic Support Fund'' in this Act may be made available for the 
Government of the Russian Federation, after 180 days from the date of 
the enactment of this Act, unless the Secretary of State certifies to 
the Committees on Appropriations that the Government of the Russian 
Federation--
            (1) has implemented no statute, Executive order, regulation 
        or similar government action that would discriminate, or which 
        has as its principal effect discrimination, against religious 
        groups or religious communities in the Russian Federation in 
        violation of accepted international agreements on human rights 
        and religious freedoms to which the Russian Federation is a 
        party;
            (2) is honoring its international obligations regarding 
        freedom of expression, assembly, and press, as well as due 
        process;
            (3) is investigating and prosecuting law enforcement 
        personnel credibly alleged to have committed human rights 
        abuses against political leaders, activists and journalists; 
        and
            (4) is immediately releasing political leaders, activists 
        and journalists who remain in detention.
    (b) The Secretary of State may waive the requirements of subsection 
(a) if the Secretary determines that to do so is important to the 
national interests of the United States.

                   prohibition on first-class travel

    Sec. 7071.  None of the funds made available in this Act may be 
used for first-class travel by employees of agencies funded by this Act 
in contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.

                          disability programs

    Sec. 7072. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $5,000,000 shall be 
made available for programs and activities administered by USAID to 
address the needs and protect and promote the rights of people with 
disabilities in developing countries, including initiatives that focus 
on independent living, economic self-sufficiency, advocacy, education, 
employment, transportation, sports, and integration of individuals with 
disabilities, including for the cost of translation.
    (b) Funds appropriated under the heading ``Operating Expenses'' in 
title II of this Act shall be made available to develop and implement 
training for staff in overseas USAID missions to promote the full 
inclusion and equal participation of people with disabilities in 
developing countries.
    (c) Of the funds made available by this section, up to 7 percent 
may be for management, oversight, and technical support.

                            enterprise funds

    Sec. 7073. (a) Prior to the distribution of any assets resulting 
from any liquidation, dissolution, or winding up of an Enterprise Fund, 
in whole or in part, the President shall submit to the Committees on 
Appropriations, in accordance with the regular notification procedures 
of the Committees on Appropriations, a plan for the distribution of the 
assets of the Enterprise Fund.
    (b) Funds made available under titles III through VI of this Act 
for Enterprise Funds shall be expended at the minimum rate necessary to 
make timely payment for projects and activities and no such funds may 
be available except through the regular notification procedures of the 
Committees on Appropriations.

                            consular affairs

    Sec. 7074.  The Secretary of State shall implement the necessary 
steps, including hiring a sufficient number of consular officers to 
include limited non-career appointment officers, in the People's 
Republic of China, Brazil, and India to reduce or maintain the wait 
time to interview a visa applicant to 3 weeks after a visa application 
has been submitted:  Provided, That exceptions to this standard may 
occur due to security considerations and to ensure adequate provision 
of consular services to United States citizens.

                           procurement reform

    Sec. 7075.  Section 7077 of division I of Public Law 112-74 shall 
continue in effect during fiscal year 2013:  Provided, That subsection 
(b)(3) of such section is amended to read as follows--
            ``(3) either is--
                    ``(A) a for-profit entity majority owned and 
                operated by individuals who are citizens or lawful 
                permanent residents of; or
                    ``(B) a non-profit entity majority operated and 
                managed by individuals who are citizens or lawful 
                permanent residents of;
``a country receiving assistance from funds appropriated under title 
III of this Act.''.

                       operating and spend plans

    Sec. 7076. (a) Operating Plans.--Not later than 45 days after the 
date of enactment of this Act, each department, agency or organization 
funded in titles I and II, and the Department of the Treasury shall 
submit to the Committees on Appropriations an operating plan for funds 
appropriated to such department, agency, or organization in such titles 
of this Act, or funds otherwise available for obligation in fiscal year 
2013, that provides details of the use of such funds at the program, 
project, and activity level:  Provided, That such operating plans shall 
be subject to the regular notification procedures of the Committees on 
Appropriations.
    (b) Spend Plans.--Prior to the initial obligation of funds, the 
Secretary of State, in consultation with the USAID Administrator, shall 
submit to the Committees on Appropriations a detailed spend plan for 
funds made available in titles III and IV of this Act for assistance 
for Iraq, Afghanistan, Pakistan, and the West Bank and Gaza, and for 
food security and agriculture development programs and environment 
programs.
    (c) Notifications.--The spend plans referenced in subsection (b) 
shall be subject to prior consultation with the Committees on 
Appropriations and shall not be considered as meeting the notification 
requirements under section 7015 of this Act or under section 634A of 
the Foreign Assistance Act of 1961.

                    special defense acquisition fund

    Sec. 7077.  Not to exceed $100,000,000 may be obligated pursuant to 
section 51(c)(2) of the Arms Export Control Act for the purposes of the 
Special Defense Acquisition Fund (Fund), to remain available for 
obligation until September 30, 2016:  Provided, That the provision of 
defense articles and defense services to foreign countries or 
international organizations from the Fund shall be subject to the 
concurrence of the Secretary of State.

                     united nations population fund

    Sec. 7078. (a) Contribution.--Of the funds made available under the 
heading ``International Organizations and Programs'' in this Act for 
fiscal year 2013, $44,500,000 shall be made available for the United 
Nations Population Fund (UNFPA).
    (b) Availability of Funds.--Funds appropriated by this Act for 
UNFPA, that are not made available for UNFPA because of the operation 
of any provision of law, shall be transferred to the ``Global Health 
Programs'' account and shall be made available for family planning, 
maternal, and reproductive health activities, subject to the regular 
notification procedures of the Committees on Appropriations.
    (c) Prohibition on Use of Funds in China.--None of the funds made 
available by this Act may be used by UNFPA for a country program in the 
People's Republic of China.
    (d) Conditions on Availability of Funds.--Funds made available by 
this Act for UNFPA may not be made available unless--
            (1) UNFPA maintains funds made available by this Act in an 
        account separate from other accounts of UNFPA and does not 
        commingle such funds with other sums; and
            (2) UNFPA does not fund abortions.

              authorization for selective capital increase

    Sec. 7079.  Section 70 of the Bretton Woods Agreements Act (22 
U.S.C. 286 et seq.), is amended in subsection (b) by adding at the end 
the following:
            ``(3) In order to pay for the increase in the United States 
        subscription to the Bank under subsection (a)(1)(B), there are 
        authorized to be appropriated, without fiscal year limitation, 
        $4,639,501,466 for payment by the Secretary of the Treasury.
            ``(4) Of the amount authorized to be appropriated under 
        paragraph (1)(A)(i), $278,370,088 shall be for paid in shares 
        of the Bank; and (ii) $4,361,131,378 shall be for callable 
        shares of the Bank.''.

                      community development funds

    Sec. 7080.  Funds appropriated by this Act to carry out part I of 
the Foreign Assistance Act of 1961 which are made available through 
grants or cooperative agreements to strengthen food security in 
developing countries and which are consistent with the goals of title 
II of the Food for Peace Act, may be deemed to be expended on 
nonemergency food assistance for purposes of section 412(e)(1) of the 
Food for Peace Act, 7 U.S.C. 1736f(e)(1).

               united states export promotion activities

    Sec. 7081.  Not later than 180 days after enactment of this Act, 
the Secretary of State, in consultation with the Secretary of the 
Treasury, the USAID Administrator, the Secretary of Commerce, and the 
heads of the Export-Import Bank of the United States, Overseas Private 
Investment Corporation, United States Trade and Development Agency, and 
other relevant Federal agencies, shall submit a report to the 
Committees on Appropriations detailing programs and activities 
supported by the Department of State and such agencies to promote 
exports of United States goods and services worldwide, particularly to 
Africa, and a plan for improving inter-agency coordination in efforts 
to--
            (1) increase exports of United States goods and services;
            (2) align United States commercial interests with 
        development priorities in each region;
            (3) facilitate the development of relationships between the 
        governments of, and businesses in, other countries with United 
        States businesses;
            (4) enhance the competitiveness of United States businesses 
        overseas; and
            (5) encourage a greater understanding among United States 
        business and financial communities of potential markets in 
        other countries for United States exports.

              heavily indebted poor countries authorization

    Sec. 7082.  Section 501(i) of title V of H.R. 3425 as enacted into 
law by section 1000(a)(5) of Public Law 106-113, as amended by section 
699H(b)(1) of division J of Public Law 110-161, is further amended by 
striking ``2000-2010'' and inserting in lieu thereof ``2000-2015''.

                   fraud prevention and detection fees

    Sec. 7083.  In addition to the uses permitted pursuant to Section 
286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
1356(v)(2)(A)), the Secretary of State may also use fees deposited into 
the Fraud Prevention and Detection Account for programs and activities: 
(1) to increase the number of personnel assigned to the function of 
preventing and detecting visa fraud; and (2) to purchase, lease, 
construct, and staff facilities used for the processing of the class of 
visas described in subparagraphs (H)(i), (H)(ii), or (L) of section 
101(a)(15) of that Act.

                   border crossing card fee for minors

    Sec. 7084.  Section 410(a)(1)(A) of title IV of the Department of 
State and Related Agencies Appropriations Act, 1999 (contained in 
division A of Public Law 105-277) is amended by striking ``a fee of 
$13'' and inserting ``a fee of not to exceed half the amount of the fee 
that would otherwise apply for processing a machine readable combined 
border crossing identification card and nonimmigrant visa, and may be 
increased not more than 50 percent in a fiscal year''.

          buying power maintenance, international organizations

    Sec. 7085. (a) There may be established in the Treasury of the 
United States a ``Buying Power Maintenance, International 
Organizations'' account.
    (b) At the end of each fiscal year, the Secretary of State may 
transfer to and merge with ``Buying Power Maintenance, International 
Organizations'' such amounts from ``Contributions to International 
Organizations'' as the Secretary determines are in excess of the needs 
of activities funded from ``Contributions to International 
Organizations'' because of fluctuations in foreign currency exchange 
rates.
    (c) In order to offset adverse fluctuations in foreign currency 
exchange rates, the Secretary of State may transfer to and merge with 
``Contributions to International Organizations'' such amounts from 
``Buying Power Maintenance, International Organizations'' as the 
Secretary determines are necessary to provide for the activities funded 
from ``Contributions to International Organizations''.
    (d)(1) Subject to the limitations contained in this section, not 
later than the end of the fifth fiscal year after the fiscal year for 
which funds are appropriated or otherwise made available for 
``Contributions to International Organizations'', the Secretary of 
State may transfer any unobligated balance of such funds to the 
``Buying Power Maintenance, International Organizations'' account.
    (2) The balance of the Buying Power Maintenance, International 
Organizations account may not exceed $50,000,000 as a result of any 
transfer under this subsection.
    (3) Any transfer pursuant to this subsection shall be treated as a 
reprogramming of funds under section 34 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2706) and shall be available for 
obligation or expenditure only in accordance with the procedures under 
such section.
    (e)(1) Funds transferred to the ``Buying Power Maintenance, 
International Organizations'' account pursuant to this section shall 
remain available until expended.
    (2) The transfer authorities in this section shall be available for 
funds appropriated for fiscal year 2013 and for each fiscal year 
thereafter, and are in addition to any transfer authority otherwise 
available to the Department of State under other provisions of law.

                    department of state organization

    Sec. 7086.  The Secretary of State may transfer any authority, 
duty, or function assigned by statute to the Coordinator for 
Counterterrorism, the Coordinator for Reconstruction and Stabilization, 
or the Coordinator for International Energy Affairs (or to their 
respective offices) to such other officials or offices of the 
Department of State as the Secretary may determine from time to time.

                      hiv/aids working capital fund

    Sec. 7087.  Funds available in the HIV/AIDS Working Capital Fund 
(in this section referred to as the ``Fund'') established pursuant to 
section 525(b)(1) of the Foreign Operations, Export Financing, and 
Related Programs Appropriations Act, 2005 (Public Law 108-477) may be 
made available for pharmaceuticals and other products for other global 
health and child survival activities to the same extent as HIV/AIDS 
pharmaceuticals and other products, subject to the terms and conditions 
in such section:  Provided, That the authority in section 525(b)(5) of 
the Foreign Operations, Export Financing, and Related Programs 
Appropriations Act, 2005 (Public Law 108-477) shall not be exercised by 
the Coordinator of the United States Activities to Combat HIV/AIDS 
Globally with respect to funds deposited for non-HIV/AIDS 
pharmaceuticals and other products.

                          working capital fund

    Sec. 7088. (a) The USAID Administrator (the Administrator) is 
authorized to establish a Working Capital Fund (in this section 
referred to as the ``Fund'').
    (b) Funds deposited in the Fund during any fiscal year shall be 
available without fiscal year limitation and used, in addition to other 
funds available for such purposes, for agency procurement reform 
efforts and related administrative costs:  Provided, That such expenses 
may include--
            (1) personal and non-personal services;
            (2) training;
            (3) supplies; and
            (4) other administrative costs related to the 
        implementation of procurement reform and management of the 
        Fund.
    (c) There may be deposited during any fiscal year in the Fund up to 
1 percent of the total value of obligations entered into by USAID from 
appropriations available to USAID and any appropriation made available 
for the purpose of providing capital:  Provided, That receipts from the 
disposal of, or repayments for the loss or damage to, property held in 
the Fund, rebates, reimbursements, refunds and other credits applicable 
to the operation of the Fund may be deposited into the Fund.
    (d) Not later than 45 days after enactment of this Act and any 
subsequent Act making appropriations for the Department of State, 
foreign operations, and related programs, the Administrator shall 
submit to the Committees on Appropriations an operating plan for funds 
deposited in the Fund, which shall include the percentage to be charged 
for the current fiscal year.
    (e) At the close of fiscal year 2013 and at the close of each 
fiscal year thereafter, the Administrator shall determine the amounts 
in excess of the needs of the Fund for that fiscal year and shall 
transfer out of the Fund any excess amounts to any of the original 
appropriation accounts from which deposits were made:  Provided, That 
such transferred funds shall remain available without fiscal year 
limitation:  Provided further, That the Administrator shall report to 
the Committees on Appropriation the excess amounts and to which 
appropriation accounts the excess funds will be transferred:  Provided 
further, That such transfers shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                        pilot programs in africa

    Sec. 7089. (a) Of the funds appropriated by this Act under the 
headings ``Global Health Programs'' and ``Development Assistance'', not 
less than $15,000,000 shall be made available for a pilot program to 
address health and development challenges in Africa and increased 
economic engagement opportunities with the United States.
    (b) Of the funds appropriated by this Act under the headings 
``Economic Support Fund'' and ``International Narcotics Control and Law 
Enforcement'', not less than $10,000,000 shall be made available for a 
pilot program to address security challenges in Africa.
    (c) Funds made available under subsections (a) and (b) shall be 
programmed in a manner that leverages a government-wide approach to 
addressing shared challenges and mutually beneficial opportunities, and 
shall be the responsibility of United States Chiefs of Mission in 
countries in Africa seeking enhanced partnerships with the United 
States in the areas of trade, investment, development, health, and 
security:  Provided further, That funds made available under this 
section shall be matched to the maximum extent practicable by sources 
other than the United States Government:  Provided further, That the 
Secretary of State shall consult with the Committees on Appropriations 
prior to the obligation of funds.
    (d) Up to 7 percent of the funds made available by subsections (a) 
and (b) respectively, may be made available, in addition to funds 
otherwise available for such purposes, for the administrative costs of 
the Department of State and USAID incurred in implementing the pilot 
programs established by this section.

                    consular notification compliance

    Sec. 7090. (a) Petition for Review.--
            (1) Jurisdiction.--Notwithstanding any other provision of 
        law, a Federal court shall have jurisdiction to review the 
        merits of a petition claiming a violation of Article 36(1)(b) 
        or (c) of the Vienna Convention on Consular Relations, done at 
        Vienna April 24, 1963, or a comparable provision of a bilateral 
        international agreement addressing consular notification and 
        access, filed by an individual convicted and sentenced to death 
        by any Federal or State court before the date of enactment of 
        this Act.
            (2) Standard.--To obtain relief, an individual described in 
        paragraph (1) shall make a showing of actual prejudice to the 
        criminal conviction or sentence as a result of the violation. 
        The court may conduct an evidentiary hearing if necessary to 
        supplement the record and, upon a finding of actual prejudice, 
        shall order a new trial or sentencing proceeding.
            (3) Limitations.--
                    (A) Initial showing.--To qualify for review under 
                this subsection, a petition must make an initial 
                showing that--
                            (i) a violation of Article 36(1)(b) or (c) 
                        of the Vienna Convention on Consular Relations, 
                        done at Vienna April 24, 1963, or a comparable 
                        provision of a bilateral international 
                        agreement addressing consular notification and 
                        access, occurred with respect to the individual 
                        described in paragraph (1); and
                            (ii) if such violation had not occurred, 
                        the consulate would have provided assistance to 
                        the individual.
                    (B) Effect of prior adjudication.--A petition for 
                review under this subsection shall not be granted if 
                the claimed violation described in paragraph (1) has 
                previously been adjudicated on the merits by a Federal 
                or State court of competent jurisdiction in a post-
                conviction proceeding in which no Federal or State 
                procedural bars were raised with respect to such 
                violation and in which the court provided review 
                equivalent to the review provided in this subsection, 
                unless the adjudication of the claim resulted in a 
                decision that was based on an unreasonable 
                determination of the facts in light of the evidence 
                presented in the prior Federal or State court 
                proceeding.
                    (C) Filing deadline.--A petition for review under 
                this subsection shall be filed within 1 year of the 
                later of--
                            (i) the date of enactment of this Act;
                            (ii) the date on which the Federal or State 
                        court judgment against the individual described 
                        in paragraph (1) became final by the conclusion 
                        of direct review or the expiration of the time 
                        for seeking such review; or
                            (iii) the date on which the impediment to 
                        filing a petition created by Federal or State 
                        action in violation of the Constitution or laws 
                        of the United States is removed, if the 
                        individual described in paragraph (1) was 
                        prevented from filing by such Federal or State 
                        action.
                    (D) Tolling.--The time during which a properly 
                filed application for State post-conviction or other 
                collateral review with respect to the pertinent 
                judgment or claim is pending shall not be counted 
                toward the 1-year period of limitation.
                    (E) Time limit for review.--A Federal court shall 
                give priority to a petition for review filed under this 
                subsection over all noncapital matters. With respect to 
                a petition for review filed under this subsection and 
                claiming only a violation described in paragraph (1), a 
                Federal court shall render a final determination and 
                enter a final judgment not later than one year after 
                the date on which the petition is filed.
            (4) Habeas petition.--A petition for review under this 
        subsection shall be part of the first Federal habeas corpus 
        application or motion for Federal collateral relief under 
        chapter 153 of title 28, United States Code, filed by an 
        individual, except that if an individual filed a Federal habeas 
        corpus application or motion for Federal collateral relief 
        before the date of enactment of this Act or if such application 
        is required to be filed before the date that is 1 year after 
        the date of enactment of this Act, such petition for review 
        under this subsection shall be filed not later than 1 year 
        after the enactment date or within the period prescribed by 
        paragraph (3)(C)(iii), whichever is later. No petition filed in 
        conformity with the requirements of the preceding sentence 
        shall be considered a second or successive habeas corpus 
        application or subjected to any bars to relief based on pre-
        enactment proceedings other than as specified in paragraph (2).
            (5) Referral to magistrate.--A Federal court acting under 
        this subsection may refer the petition for review to a Federal 
        magistrate for proposed findings and recommendations pursuant 
        to 28 U.S.C. Sec. 636(b)(1)(B).
            (6) Appeal.--
                    (A) In general.--A final order on a petition for 
                review under paragraph (1) shall be subject to review 
                on appeal by the court of appeals for the circuit in 
                which the proceeding is held.
                    (B) Appeal by petitioner.--An individual described 
                in paragraph (1) may appeal a final order on a petition 
                for review under paragraph (1) only if a district or 
                circuit judge issues a certificate of appealability. A 
                district judge or circuit judge may issue a certificate 
                of appealability under this subparagraph if the 
                individual has made a substantial showing of actual 
                prejudice to the criminal conviction or sentence of the 
                individual as a result of a violation described in 
                paragraph (1).
    (b) Violation.--
            (1) In general.--An individual not covered by subsection 
        (a) who is arrested, detained, or held for trial on a charge 
        that would expose the individual to a capital sentence if 
        convicted may raise a claim of a violation of Article 36(1)(b) 
        or (c) of the Vienna Convention on Consular Relations, done at 
        Vienna April 24, 1963, or of a comparable provision of a 
        bilateral international agreement addressing consular 
        notification and access, at a reasonable time after the 
        individual becomes aware of the violation, before the court 
        with jurisdiction over the charge. Upon a finding of such a 
        violation--
                    (A) the consulate of the foreign state of which the 
                individual is a national shall be notified immediately 
                by the detaining authority, and consular access to the 
                individual shall be afforded in accordance with the 
                provisions of the Vienna Convention on Consular 
                Relations, done at Vienna April 24, 1963, or the 
                comparable provisions of a bilateral international 
                agreement addressing consular notification and access; 
                and
                    (B) the court--
                            (i) shall postpone any proceedings to the 
                        extent the court determines necessary to allow 
                        for adequate opportunity for consular access 
                        and assistance; and
                            (ii) may enter necessary orders to 
                        facilitate consular access and assistance.
            (2) Evidentiary hearings.--The court may conduct 
        evidentiary hearings if necessary to resolve factual issues.
            (3) Rule of construction.--Nothing in this subsection shall 
        be construed to create any additional remedy.
    (c) Definitions.--In this section--
            (1) the term ``national of the United States'' has the 
        meaning given that term in section 101(a)(22) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and
            (2) the term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, and any territory or possession of the United States.

                          education foundation

    Sec. 7091. (a) Grants Authorized.--The Secretary of State may award 
one or more grants, using a transparent and competitive selection 
process, to the Vietnam Education Foundation, United States accredited 
institutions of higher education, or not-for-profit organizations 
engaged in promoting institutional innovation in Vietnamese higher 
education:  Provided, That grant funds awarded under this subsection 
shall be used to support the establishment of one or more independent, 
not-for-profit academic institutions in Vietnam, which meet standards 
comparable to those required for accreditation in the United States 
under section 101(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 
1001(a)(5)), with graduate level programs in public policy, management, 
and related fields, that support the equitable and sustainable 
socioeconomic development of Vietnam, feature teaching and research 
components, promote the development of institutional capacity and 
innovation in Vietnam, operate according to core principles of good 
governance, are autonomous from the Government of Vietnam, and reflect 
the participation and support, including financial support, of local 
and international stakeholders:  Provided further, That each entity 
desiring a grant under this subsection shall submit an application to 
the Secretary of State at such time, in such manner, and accompanied by 
such information as the Secretary may reasonably require:  Provided 
further, That the Secretary may use amounts from the Vietnam Debt 
Repayment Fund made available under section 207(c) of the Vietnam 
Education Foundation Act of 2000 (22 U.S.C. 2452 note) for grants 
authorized under this subsection and for carrying out the functions 
transferred to the Department of State pursuant to subsection (b):  
Provided further, That the Secretary shall submit an annual report to 
the Committees on Appropriations that summarizes the activities carried 
out under this subsection during the most recent fiscal year.
    (b) Transfer of Functions and Assets.--All functions and assets of 
the Vietnam Education Foundation, as of the day before the date of the 
enactment of this Act, are transferred to the Department of State.
    (c) Use of Funds.--In addition to the purpose set forth in 
paragraph (2) of section 207(c) of the Vietnam Education Foundation Act 
of 2000 (22 U.S.C. 2452 note), during each of the fiscal years 2012 
through 2018, the amounts deposited into the Vietnam Debt Repayment 
Fund pursuant to paragraph (1) of such section shall be made available 
by the Secretary of the Treasury, upon the request of the Secretary of 
State, to the Department of State for the purposes of carrying out this 
section.

          assistance for foreign nongovernmental organizations

    Sec. 7092.  Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) is amended by inserting after section 104C the following 
new section:

``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.

    ``Notwithstanding any other provision of law, regulation, or 
policy, in determining eligibility for assistance authorized under 
sections 104, 104A, 104B, and 104C--
            ``(1) a foreign nongovernmental organization shall not be 
        ineligible for such assistance solely on the basis of health or 
        medical services, including counseling and referral services, 
        provided by such organization with non-United States Government 
        funds if such services are permitted in the country in which 
        they are being provided and would not violate United States law 
        if provided in the United States; and
            ``(2) a foreign nongovernmental organization shall not be 
        subject to requirements relating to the use of non-United 
        States Government funds for advocacy and lobbying activities 
        other than those that apply to United States nongovernmental 
        organizations receiving assistance under this part.''.

                use of funds in contravention of this act

    Sec. 7093.  If the executive branch makes a determination not to 
comply with any provision of this Act on constitutional grounds, the 
head of the relevant Federal agency shall notify the Committees on 
Appropriations in writing within 5 days of such determination, the 
basis for such determination and any resulting changes to program and 
policy.

                               TITLE VIII

                    OVERSEAS CONTINGENCY OPERATIONS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

                     (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular Programs'', 
$1,426,000,000, to remain available until September 30, 2014, of which 
$651,000,000 is for Worldwide Security Protection and shall remain 
available until expended:  Provided, That the Secretary of State may 
transfer up to $100,000,000 of the total funds made available under 
this heading to any other appropriation of any department or agency of 
the United States, upon the concurrence of the head of such department 
or agency, to support operations in and assistance for Afghanistan and 
to carry out the provisions of the Foreign Assistance Act of 1961:  
Provided further, That any such transfer shall be treated as a 
reprogramming of funds under subsections (a) and (b) of section 7015 of 
this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section:  
Provided further, That of the funds appropriated under this heading, 
not more than $1,071,513,000 may be made available for Department of 
State operations in Afghanistan, not more than $154,487,000 may be made 
available for such operations in Pakistan, and not more than 
$200,000,000 may be made available for such operations in Iraq:  
Provided further, That of the funds appropriated under this heading for 
operations and security programs in Afghanistan, 15 percent shall be 
withheld from obligation until the Secretary of State, in consultation 
with the Secretary of Defense and USAID Administrator, submits to the 
Committees on Appropriations the report on Afghanistan required under 
this heading in the report accompanying this Act:  Provided further, 
That such amount is designated by the Congress for Overseas Contingency 
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$55,900,000, to remain available until September 30, 2014, of which 
$6,000,000 shall be for the Special Inspector General for Iraq 
Reconstruction (SIGIR) for reconstruction oversight, and $49,900,000 
shall be for the Special Inspector General for Afghanistan 
Reconstruction (SIGAR) for reconstruction oversight:  Provided, That 
the unobligated balances available for SIGIR under this heading 
remaining on March 24, 2013, shall be made available for SIGAR for 
Iraq-related reconstruction oversight carried out pursuant to the two 
subsequent provisos:  Provided further, That on March 24, 2013, all 
investigative functions and related personnel of SIGIR (including 
attorneys and related support personnel detailed to the Department of 
Justice) shall be transferred to SIGAR, who shall thereafter exercise 
the authorities related to criminal investigations granted by law to 
SIGIR, notwithstanding any other provision of law, until March 31, 
2014:  Provided further, That the activities carried out by such 
investigative and support personnel and attorneys shall continue 
without interruption, and shall be supervised only by SIGAR, 
notwithstanding any other provision of law:  Provided further, That on 
March 30, 2013, the Office of the Special Inspector General for Iraq 
Reconstruction shall be abolished:  Provided further, That such amount 
is designated by the Congress for Overseas Contingency Operations 
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985.

                      international organizations

              contributions to international organizations

    For an additional amount for ``Contributions to International 
Organizations'', $101,300,000:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations pursuant 
to section 251(b)(2)(A) of the Balanced budget and Emergency Deficit 
Control Act of 1985.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $109,800,000, 
to remain available until September 30, 2014, of which not more than 
$63,800,000 may be made available for USAID operations in Afghanistan, 
not more than $5,000,000 may be made available for such operations in 
Pakistan, and not more than $41,000,000 may be made available for such 
operations in Iraq:  Provided, That such amount is designated by the 
Congress for Overseas Contingency Operations pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act 
of 1985.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                         economic support fund

    For an additional amount for ``Economic Support Fund'', 
$600,000,000, to remain available until September 30, 2014, of which 
not more than $450,000,000 may be made available for assistance for 
Afghanistan, not more than $100,000,000 may be made available for 
assistance for Pakistan, and not more than $50,000,000 may be made 
available for assistance for Iraq:  Provided, That such amount is 
designated by the Congress for Overseas Contingency Operations pursuant 
to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
Control Act of 1985.

                           GENERAL PROVISIONS

                       additional appropriations

    Sec. 8001.  Notwithstanding any other provision of law, funds 
appropriated in this title are in addition to amounts appropriated or 
otherwise made available in this Act for fiscal year 2013.

                extension of authorities and conditions

    Sec. 8002.  Unless otherwise provided for in this Act, the 
additional amounts appropriated by this title to appropriations 
accounts in this Act shall be available under the authorities and 
conditions applicable to such appropriations accounts.

                   transfer authority for operations

    Sec. 8003.  Funds appropriated by this title under the headings 
``Diplomatic and Consular Programs'', ``Office of Inspector General'', 
and ``Operating Expenses'' may be transferred to, and merged with, 
funds appropriated by this title under such headings:  Provided, That 
such transfers shall be subject to the regular notification procedures 
of the Committees on Appropriations:  Provided further, That the 
transfer authority in this section is in addition to any transfer 
authority otherwise available under any other provision of law.
     This Act may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2013''.
                                                       Calendar No. 417

112th CONGRESS

  2d Session

                                S. 3241

                          [Report No. 112-172]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2013, and 
                          for other purposes.

_______________________________________________________________________

                              May 24, 2012

                 Read twice and placed on the calendar
```