II 

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. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Department of State, foreign operations, and related pro6 grams for the fiscal year ending September 30, 2013, and 

7 for other purposes, namely: 
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1 TITLE I 

2 DEPARTMENT OF STATE AND RELATED 

3 AGENCY 

4 DEPARTMENT OF STATE 

5 ADMINISTRATION OF FOREIGN AFFAIRS

6 DIPLOMATIC AND CONSULAR PROGRAMS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses of the Department of State 

9 and the Foreign Service not otherwise provided for, 

10 $7,437,468,000, of which up to $1,428,468,000 is for 

11 Worldwide Security Protection (to remain available until 

12 expended): Provided, That funds made available under 

13 this heading shall be allocated as follows: 

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

16 and salaries, including employment without regard 

17 to civil service and classification laws of persons on 

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

21 $2,448,702,000, to remain available until September 

22 30, 2014, of which not less than $132,311,000 shall 

23 be available only for public diplomacy American sal24 aries, and up to $218,110,000 is for Worldwide Se-
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1 curity Protection and shall remain available until ex2 pended. 

3 (2) OVERSEAS PROGRAMS.—For necessary ex4 penses for the regional bureaus of the Department 

5 of State and overseas activities as authorized by law, 

6 $2,631,039,000, to remain available until September 

7 30, 2014, of which not less than $409,255,000 shall 

8 be available only for public diplomacy international 

9 information programs. 

10 (3) DIPLOMATIC POLICY AND SUPPORT.—For 

11 necessary expenses for the functional bureaus of the 

12 Department of State, including representation to 

13 certain international organizations in which the 

14 United States participates pursuant to treaties rati15 fied pursuant to the advice and consent of the Sen16 ate or specific Acts of Congress, general administra17 tion, and arms control, nonproliferation and disar18 mament activities as authorized, $892,982,000, to 

19 remain available until September 30, 2014. 

20 (4) SECURITY PROGRAMS.—For necessary ex21 penses for security activities, $1,464,745,000, to re22 main available until September 30, 2014, of which 

23 up to $1,210,358,000 is for Worldwide Security Pro24 tection and shall remain available until expended. 
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1 (5) FEES AND PAYMENTS COLLECTED.—In ad2 dition to amounts otherwise made available under 

3 this heading— 

4 (A) as authorized by section 810 of the 

5 United States Information and Educational Ex6 change Act, not to exceed $5,000,000, to re7 main available until expended, may be credited 

8 to this appropriation from fees or other pay9 ments received from English teaching, library, 

10 motion pictures, and publication programs and 

11 from fees from educational advising and coun12 seling and exchange visitor programs; and 

13 (B) not to exceed $15,000, which shall be 

14 derived from reimbursements, surcharges, and 

15 fees for use of Blair House facilities. 

16 (6) TRANSFER, REPROGRAMMING, AND OTHER

17 MATTERS.— 

18 (A) Notwithstanding any provision of this 

19 Act, funds may be reprogrammed within and 

20 between subsections under this heading subject 

21 to section 7015 of this Act. 

22 (B) Of the amount made available under 

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

24 transferred to, and merged with, funds made 

25 available by this Act under the heading ‘‘Emer-
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1 gencies in the Diplomatic and Consular Serv2 ice’’, to be available only for emergency evacu3 ations and rewards, as authorized. 

4 (C) Funds appropriated under this heading 

5 are available for acquisition by exchange or pur6 chase of passenger motor vehicles as authorized 

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

8 the field examination of programs and activities 

9 in the United States funded from any account 

10 contained in this title. 

11 (D) Of the funds appropriated under this 

12 heading, up to $56,500,000, to remain available 

13 until expended, may be transferred to, and 

14 merged with, funds previously made available 

15 under the heading ‘‘Conflict Stabilization Oper16 ations’’ in title I of prior acts making appro17 priations for the Department of State, foreign 

18 operations and related programs. 

19 (E) Of the funds appropriated under this 

20 heading, not more than $570,763,000 may be 

21 made available for Department of State oper22 ations in Afghanistan, not more than 

23 $29,970,000 may be made available for such 

24 operations in Pakistan, and not more than 
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1 $250,000,000 may be made available for such 

2 operations in Iraq. 

3 CAPITAL INVESTMENT FUND

4 For necessary expenses of the Capital Investment 

5 Fund, $90,000,000, to remain available until expended, 

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

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

8 heading. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General, $67,000,000, notwithstanding section 209(a)(1) 

12 of the Foreign Service Act of 1980 (Public Law 96–465), 

13 as it relates to post inspections. 

14 EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

15 For expenses of educational and cultural exchange 

16 programs, as authorized, $625,000,000, to remain avail17 able until expended: Provided, That not to exceed 

18 $5,000,000, to remain available until expended, may be 

19 credited to this appropriation from fees or other payments 

20 received from or in connection with English teaching, edu21 cational advising and counseling programs, and exchange 

22 visitor programs as authorized. 

23 REPRESENTATION EXPENSES

24 For representation expenses as authorized, 

25 $7,300,000. 
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1 PROTECTION OF FOREIGN MISSIONS AND OFFICIALS

2 For expenses, not otherwise provided, to enable the 

3 Secretary of State to provide for extraordinary protective 

4 services, as authorized, $35,000,000, to remain available 

5 until September 30, 2014. 

6 EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE

7 For necessary expenses for carrying out the Foreign 

8 Service Buildings Act of 1926 (22 U.S.C. 292–303), pre9 serving, maintaining, repairing, and planning for buildings 

10 that are owned or directly leased by the Department of 

11 State, renovating, in addition to funds otherwise available, 

12 the Harry S Truman Building, and carrying out the Dip13 lomatic Security Construction Program as authorized, 

14 $948,925,000, to remain available until expended as au15 thorized, of which not to exceed $7,500 may be used for 

16 domestic and overseas representation expenses as author17 ized: Provided, That none of the funds appropriated in this 

18 paragraph shall be available for acquisition of furniture, 

19 furnishings, or generators for other departments and 

20 agencies. 

21 In addition, for the costs of worldwide security up22 grades, acquisition, and construction as authorized, 

23 $688,799,000, to remain available until expended: Pro24 vided, That not later than 45 days after enactment of this 

25 Act, the Secretary of State shall submit to the Committees 
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1 on Appropriations the proposed allocation of funds made 

2 available under this heading and the actual and antici3 pated proceeds of sales for all projects in fiscal year 2013. 

4 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

5 SERVICE

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to enable the Secretary of 

8 State to meet unforeseen emergencies arising in the Diplo9 matic and Consular Service, $9,500,000, to remain avail10 able until expended as authorized, of which not to exceed 

11 $1,000,000 may be transferred to, and merged with, funds 

12 appropriated by this Act under the heading ‘‘Repatriation 

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

14 conditions. 

15 REPATRIATION LOANS PROGRAM ACCOUNT

16 (INCLUDING TRANSFER OF FUNDS)

17 For the cost of direct loans, $1,800,000, as author18 ized, of which $711,000 may be made available for admin19 istrative expenses necessary to carry out the direct loan 

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

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

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

23 of the Congressional Budget Act of 1974. 
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1 PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

2 For necessary expenses to carry out the Taiwan Rela3 tions Act (Public Law 96–8), $37,200,000. 

4 PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND

5 DISABILITY FUND

6 For payment to the Foreign Service Retirement and 

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

8 INTERNATIONAL ORGANIZATIONS

9 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

10 For necessary expenses, not otherwise provided for, 

11 to meet annual obligations of membership in international 

12 multilateral organizations, pursuant to treaties ratified 

13 pursuant to the advice and consent of the Senate, conven14 tions or specific Acts of Congress, $1,389,737,000: Pro15 vided, That the Secretary of State shall, at the time of 

16 the submission of the President’s budget to Congress 

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

18 transmit to the Committees on Appropriations the most 

19 recent biennial budget prepared by the United Nations for 

20 the operations of the United Nations: Provided further, 

21 That the Secretary of State shall notify the Committees 

22 on Appropriations at least 15 days in advance (or in an 

23 emergency, as far in advance as is practicable) of any 

24 United Nations action to increase funding for any United 

25 Nations program without identifying an offsetting de-
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1 crease elsewhere in the United Nations budget: Provided 

2 further, That the Secretary of State shall report to the 

3 Committees on Appropriations not later than May 1, 

4 2013, on any credits available to the United States from 

5 the United Nations Tax Equalization Fund (TEF) and 

6 provide updated fiscal year 2014 assessment costs includ7 ing offsets from available TEF credits and updated for8 eign currency exchange rates: Provided further, That any 

9 such credits shall only be available for United States as10 sessed contributions to the United Nations and shall be 

11 subject to the regular notification procedures of the Com12 mittees on Appropriations: Provided further, That any 

13 payment of arrearages under this heading shall be directed 

14 toward activities that are mutually agreed upon by the 

15 United States and the respective international organiza16 tion: Provided further, That none of the funds appro17 priated under this heading shall be available for a United 

18 States contribution to an international organization for 

19 the United States share of interest costs made known to 

20 the United States Government by such organization for 

21 loans incurred on or after October 1, 1984, through exter22 nal borrowings. 
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1 CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING

2 ACTIVITIES

3 For necessary expenses to pay assessed and other ex4 penses of international peacekeeping activities directed to 

5 the maintenance or restoration of international peace and 

6 security, $2,006,500,000, of which 15 percent shall re7 main available until September 30, 2014: Provided, That 

8 none of the funds made available by this Act shall be obli9 gated or expended for any new or expanded United Na10 tions peacekeeping mission unless, at least 15 days in ad11 vance of voting for the new or expanded mission in the 

12 United Nations Security Council (or in an emergency as 

13 far in advance as is practicable), the Committees on Ap14 propriations are notified: (1) of the estimated cost and du15 ration of the mission, the national interest that will be 

16 served, and the exit strategy; (2) that the United Nations 

17 has taken necessary measures to prevent United Nations 

18 employees, contractor personnel, and peacekeeping troops 

19 serving in the mission from trafficking in persons, exploit20 ing victims of trafficking, or committing acts of illegal sex21 ual exploitation or other violations of human rights, and 

22 to bring to justice individuals who engage in such acts 

23 while participating in the peacekeeping mission, including 

24 prosecution in their home countries of such individuals in 

25 connection with such acts, and to make information about 
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1 such cases publicly available in the country where an al2 leged crime occurs and on the United Nations’ Web site; 

3 and (3) pursuant to section 7015 of this Act, and the pro4 cedures therein followed, setting forth the source of funds 

5 that will be used to pay the cost of the new or expanded 

6 mission: Provided further, That funds shall be available 

7 for peacekeeping expenses unless the Secretary of State 

8 determines that American manufacturers and suppliers 

9 are not being given opportunities to provide equipment, 

10 services, and material for United Nations peacekeeping ac11 tivities equal to those being given to foreign manufacturers 

12 and suppliers: Provided further, That the Secretary of 

13 State shall work with the United Nations and governments 

14 contributing peacekeeping troops to implement effective 

15 vetting procedures to ensure that such troops have not vio16 lated human rights: Provided further, That none of the 

17 funds appropriated or otherwise made available under this 

18 heading may be used for any United Nations peacekeeping 

19 mission that will involve United States Armed Forces 

20 under the command or operational control of a foreign na21 tional, unless the President’s military advisors have sub22 mitted to the President a recommendation that such in23 volvement is in the national interests of the United States 

24 and the President has submitted to the Congress such a 

25 recommendation: Provided further, That notwithstanding 
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1 any other provision of law, funds appropriated or other2 wise made available under this heading shall be available 

3 for United States assessed contributions up to the amount 

4 specified in the Annex contained in United Nations Gen5 eral Assembly document A/64/220/Add.1 for the period 

6 ending December 31, 2012, and in the next approved 

7 United Nations General Assembly Resolution regarding 

8 the scale of assessments for United Nations peacekeeping 

9 operations for the period beginning January 1, 2013: Pro10 vided further, That the Secretary of State shall report to 

11 the Committees on Appropriations not later than May 1, 

12 2013, of any credits available to the United States result13 ing from United Nations peacekeeping missions or the 

14 United Nations Tax Equalization Fund: Provided further, 

15 That any such credits shall only be available for United 

16 States assessed contributions to the United Nations and 

17 shall be subject to the regular notification procedures of 

18 the Committees on Appropriations. 

19 INTERNATIONAL COMMISSIONS

20 For necessary expenses, not otherwise provided for, 

21 to meet obligations of the United States arising under 

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

2 UNITED STATES AND MEXICO

3 For necessary expenses for the United States Section 

4 of the International Boundary and Water Commission, 

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

7 $1,000 for representation expenses; as follows: 

8 SALARIES AND EXPENSES

9 For salaries and expenses, not otherwise provided for, 

10 $46,700,000. 

11 CONSTRUCTION

12 For detailed plan preparation and construction of au13 thorized projects, $31,500,000, to remain available until 

14 expended, as authorized. 

15 AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

16 For necessary expenses, not otherwise provided, for 

17 the International Joint Commission and the International 

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

22 182, $13,500,000: Provided, That of the amount provided 

23 under this heading for the International Joint Commis24 sion, $5,000 may be made available for representation ex25 penses. 
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1 INTERNATIONAL FISHERIES COMMISSIONS

2 For necessary expenses for international fisheries 

3 commissions, not otherwise provided for, as authorized by 

4 law, $40,700,000: Provided, That the United States share 

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

7 RELATED AGENCY 

8 BROADCASTING BOARD OF GOVERNORS

9 INTERNATIONAL BROADCASTING OPERATIONS

10 For necessary expenses to enable the Broadcasting 

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

12 international communication activities, and to make and 

13 supervise grants for radio and television broadcasting to 

14 the Middle East, $724,200,000: Provided, That funds ap15 propriated under this heading shall be made available to 

16 expand unrestricted access to information on the Internet 

17 through the development and use of circumvention and se18 cure communication technologies: Provided further, That 

19 the BBG shall coordinate the development and use of such 

20 technologies with the Secretary of State, as appropriate: 

21 Provided further, That not later than 180 days after enact22 ment of this Act, the BBG shall submit to the Committees 

23 on Appropriations a report on how the BBG’s multiyear 

24 strategy and fiscal year 2013 budget reflect input from 

25 the Department of State and other relevant Federal agen-
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1 cies regarding regional priorities supporting United States 

2 national interests: Provided further, That of the total 

3 amount appropriated under this heading, not to exceed 

4 $35,000 may be used for representation expenses, of 

5 which $10,000 may be used for representation expenses 

6 within the United States as authorized, and not to exceed 

7 $30,000 may be used for representation expenses of Radio 

8 Free Europe/Radio Liberty: Provided further, That the au9 thority provided by section 504(c) of the Foreign Relations 

10 Authorization Act, Fiscal Year 2003 (Public Law 107– 

11 228; 22 U.S.C. 6206 note) shall remain in effect through 

12 September 30, 2013: Provided further, That the BBG 

13 shall notify the Committees on Appropriations within 15 

14 days of any determination by the Board that any of its 

15 broadcast entities, including its grantee organizations, 

16 provides an open platform for international terrorists or 

17 those who support international terrorism, or is in viola18 tion of the principles and standards set forth in sub19 sections (a) and (b) of section 303 of the United States 

20 International Broadcasting Act of 1994 (22 U.S.C. 6202) 

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

22 That significant modifications to BBG broadcast hours 

23 previously justified to Congress, including changes to 

24 transmission platforms (shortwave, medium wave, sat25 ellite, Internet, and television), for all BBG language serv-
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1 ices shall be subject to the regular notification procedures 

2 of the Committees on Appropriations: Provided further, 

3 That in addition to funds made available under this head4 ing, and notwithstanding any other provision of law, up 

5 to $2,000,000 in receipts from advertising and revenue 

6 from business ventures, up to $500,000 in receipts from 

7 cooperating international organizations, and up to 

8 $1,000,000 in receipts from privatization efforts of the 

9 Voice of America and the International Broadcasting Bu10 reau, shall remain available until expended for carrying 

11 out authorized purposes. 

12 BROADCASTING CAPITAL IMPROVEMENTS

13 For the purchase, rent, construction, and improve14 ment of facilities for radio and television transmission and 

15 reception, and purchase and installation of necessary 

16 equipment for radio and television transmission and recep17 tion, including to Cuba, as authorized, $8,850,000, to re18 main available until expended, as authorized. 

19 RELATED PROGRAMS 

20 THE ASIA FOUNDATION

21 For a grant to The Asia Foundation, as authorized 

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

23 $17,000,000, to remain available until expended, as au24 thorized. 
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1 UNITED STATES INSTITUTE OF PEACE

2 For necessary expenses of the United States Institute 

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

4 Peace Act, $38,225,000, to remain available until Sep5 tember 30, 2014, which shall not be used for construction 

6 activities. 

7 CENTER FOR MIDDLE EASTERN-WESTERN DIALOGUE

8 TRUST FUND

9 For necessary expenses of the Center for Middle 

10 Eastern-Western Dialogue Trust Fund, as authorized by 

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

12 State, the Judiciary, and Related Agencies Appropriations 

13 Act, 2004 (22 U.S.C. 2078), the total amount of the inter14 est and earnings accruing to such Fund on or before Sep15 tember 30, 2013, to remain available until expended. 

16 EISENHOWER EXCHANGE FELLOWSHIP PROGRAM

17 For necessary expenses of Eisenhower Exchange Fel18 lowships, Incorporated, as authorized by sections 4 and 

19 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 

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

21 the Eisenhower Exchange Fellowship Program Trust 

22 Fund on or before September 30, 2013, to remain avail23 able until expended: Provided, That none of the funds ap24 propriated herein shall be used to pay any salary or other 

25 compensation, or to enter into any contract providing for 
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1 the payment thereof, in excess of the rate authorized by 

2 5 U.S.C. 5376; or for purposes which are not in accord3 ance with OMB Circulars A–110 (Uniform Administrative 

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

5 Organizations), including the restrictions on compensation 

6 for personal services. 

7 ISRAELI ARAB SCHOLARSHIP PROGRAM

8 For necessary expenses of the Israeli Arab Scholar9 ship Program, as authorized by section 214 of the Foreign 

10 Relations Authorization Act, Fiscal Years 1992 and 1993 

11 (22 U.S.C. 2452), all interest and earnings accruing to 

12 the Israeli Arab Scholarship Fund on or before September 

13 30, 2013, to remain available until expended. 

14 INTERNATIONAL CENTER

15 Not to exceed $1,806,600 shall be derived from fees 

16 collected from other executive agencies for lease or use of 

17 facilities at the International Center in accordance with 

18 section 4 of the International Center Act, and in addition, 

19 as authorized by section 5 of such Act, $5,970,150, to be 

20 derived from the reserve authorized by such section, to be 

21 used for the purposes set out in such section and for devel22 opment, maintenance, and security of additional prop23 erties for use as an International Center by foreign gov24 ernments or international organizations. 
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1 EAST-WEST CENTER

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

4 Technical Interchange Between East and West Act of 

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

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

9 into any contract providing for the payment thereof, in 

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

11 NATIONAL ENDOWMENT FOR DEMOCRACY

12 For grants made by the Department of State to the 

13 National Endowment for Democracy, as authorized by the 

14 National Endowment for Democracy Act, $236,000,000, 

15 to remain available until expended, of which $200,000,000 

16 shall be allocated in the traditional and customary man17 ner, including for the core institutes, and $36,000,000 

18 shall be for democracy, human rights, and rule of law pro19 grams. 
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1 OTHER COMMISSIONS 

2 COMMISSION FOR THE PRESERVATION OF AMERICA’S

3 HERITAGE ABROAD

4 SALARIES AND EXPENSES

5 For necessary expenses for the Commission for the 

6 Preservation of America’s Heritage Abroad, $634,000, as 

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

8 UNITED STATES COMMISSION ON INTERNATIONAL

9 RELIGIOUS FREEDOM

10 SALARIES AND EXPENSES

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

13 by title II of the International Religious Freedom Act of 

14 1998 (Public Law 105–292), as amended, $3,250,000, in15 cluding not more than $3,000 for representation expenses, 

16 to remain available until September 30, 2014. 

17 COMMISSION ON SECURITY AND COOPERATION IN

18 EUROPE

19 SALARIES AND EXPENSES

20 For necessary expenses of the Commission on Secu21 rity and Cooperation in Europe, as authorized by Public 

22 Law 94–304, $2,579,000, including not more than $3,000 

23 for representation expenses, to remain available until Sep24 tember 30, 2014. 
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1 CONGRESSIONAL-EXECUTIVE COMMISSION ON THE

2 PEOPLE’S REPUBLIC OF CHINA

3 SALARIES AND EXPENSES

4 For necessary expenses of the Congressional-Execu5 tive Commission on the People’s Republic of China, as au6 thorized by title III of the U.S.-China Relations Act of 

7 2000 (22 U.S.C. 6911–6919), $1,996,000, including not 

8 more than $500 for representation expenses, to remain 

9 available until September 30, 2014. 

10 UNITED STATES-CHINA ECONOMIC AND SECURITY

11 REVIEW COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the United States-China 

14 Economic and Security Review Commission, as authorized 

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

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

17 $3,493,000, including not more than $2,500 for represen18 tation expenses, to remain available until September 30, 

19 2014: Provided, That the authorities, requirements, limi20 tations, and conditions contained in the second through 

21 sixth provisos under this heading in division F of Public 

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

23 2013 and shall apply to funds appropriated under this 

24 heading as if included in this Act. 
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1 TITLE II 

2 UNITED STATES AGENCY FOR INTERNATIONAL 

3 DEVELOPMENT 

4 FUNDS APPROPRIATED TO THE PRESIDENT

5 OPERATING EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to carry out the provisions 

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

9 $1,281,100,000, to remain available until September 30, 

10 2014, of which not more than $137,000,000 may be made 

11 available for United States Agency for International De12 velopment (hereinafter in this Act ‘‘USAID’’) operations 

13 in Afghanistan, not more than $37,000,000 may be made 

14 available for such operations in Pakistan, and not more 

15 than $12,000,000 may be made available for such oper16 ations in Iraq: Provided, That 10 percent of the funds ap17 propriated under this heading may not be obligated until 

18 the USAID Administrator submits to the Committees on 

19 Appropriations a comprehensive review of the Agency’s 

20 policies and practices with respect to unsolicited and small 

21 grant proposals, and university and private sector partner22 ship solicitations, and such review shall include specific 

23 recommendations for improving access to information for, 

24 and consideration of, such proposals and solicitations: Pro25 vided further, That none of the funds appropriated under 
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1 this heading and under the heading ‘‘Capital Investment 

2 Fund’’ in this title may be made available to finance the 

3 construction (including architect and engineering serv4 ices), purchase, or long-term lease of offices for use by 

5 USAID, unless the USAID Administrator has identified 

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

7 Committees on Appropriations at least 15 days prior to 

8 the obligation of funds for such purposes: Provided fur9 ther, That contracts or agreements entered into with funds 

10 appropriated under this heading during fiscal year 2014 

11 may entail commitments for the expenditure of such funds 

12 through the following fiscal year: Provided further, That 

13 any decision to open a new or reorganized USAID mission, 

14 bureau, center, or office or, except where there is a sub15 stantial security risk to mission personnel, to close or sig16 nificantly reduce the number of personnel of any such mis17 sion or office, shall be subject to the regular notification 

18 procedures of the Committees on Appropriations: Provided 

19 further, That the authority of sections 610 and 109 of the 

20 Foreign Assistance Act of 1961 may be exercised by the 

21 Secretary of State to transfer funds appropriated to carry 

22 out chapter 1 of part I of such Act to ‘‘Operating Ex23 penses’’ in accordance with the provisions of those sec24 tions: Provided further, That any reprogramming of funds 

25 in excess of $1,000,000 or 10 percent, whichever is less, 
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1 between the cost categories in the table included under 

2 this heading in the report accompanying this Act, and any 

3 new administrative initiative not specifically justified in 

4 USAID’s fiscal year 2013 Congressional Budget Justifica5 tion shall be subject to the regular notification procedures 

6 of the Committees on Appropriations: Provided further, 

7 That of the funds appropriated or made available under 

8 this heading, not to exceed $200,000 may be available for 

9 representation and entertainment expenses, of which not 

10 to exceed $5,000 may be available for entertainment ex11 penses, for USAID during the current fiscal year. 

12 CAPITAL INVESTMENT FUND

13 For necessary expenses for overseas construction and 

14 related costs, and for the procurement and enhancement 

15 of information technology and related capital investments, 

16 pursuant to section 667 of the Foreign Assistance Act of 

17 1961, $140,000,000, to remain available until expended: 

18 Provided, That this amount is in addition to funds other19 wise available for such purposes: Provided further, That 

20 funds appropriated under this heading shall be available 

21 for obligation only pursuant to the regular notification 

22 procedures of the Committees on Appropriations. 

23 OFFICE OF INSPECTOR GENERAL

24 For necessary expenses to carry out the provisions 

25 of section 667 of the Foreign Assistance Act of 1961, 
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1 $51,000,000, to remain available until September 30, 

2 2014, which sum shall be available for the Office of In3 spector General, USAID. 

4 TITLE III 

5 BILATERAL ECONOMIC ASSISTANCE 

6 FUNDS APPROPRIATED TO THE PRESIDENT

7 For necessary expenses to enable the President to 

8 carry out the provisions of the Foreign Assistance Act of 

9 1961, and for other purposes, as follows: 

10 GLOBAL HEALTH PROGRAMS

11 For necessary expenses to carry out the provisions 

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

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

14 funds otherwise available for such purposes, 

15 $2,928,968,000, to remain available until September 30, 

16 2014, and which shall be apportioned directly to USAID: 

17 Provided, That this amount shall be made available for 

18 training, equipment, and technical assistance to build the 

19 capacity of public health institutions and organizations in 

20 developing countries, and for such activities as: (1) child 

21 survival and maternal health programs; (2) immunization 

22 and oral rehydration programs; (3) other health, nutrition, 

23 water and sanitation programs which directly address the 

24 needs of mothers and children, and related education pro25 grams; (4) assistance for children displaced or orphaned 
27 

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1 by causes other than AIDS; (5) programs for the preven2 tion, treatment, control of, and research on HIV/AIDS, 

3 tuberculosis, polio, malaria, and other infectious diseases 

4 including neglected tropical diseases, and for assistance to 

5 communities severely affected by HIV/AIDS, including 

6 children infected or affected by AIDS; and (6) family plan7 ning/reproductive health: Provided further, That funds ap8 propriated under this paragraph may be made available 

9 for a United States contribution to the GAVI Alliance: 

10 Provided further, That none of the funds made available 

11 in this Act nor any unobligated balances from prior appro12 priations Acts may be made available to any organization 

13 or program which, as determined by the President of the 

14 United States, supports or participates in the manage15 ment of a program of coercive abortion or involuntary 

16 sterilization: Provided further, That any determination 

17 made under the previous proviso must be made not later 

18 than 6 months after the date of enactment of this Act, 

19 and must be accompanied by the evidence and criteria uti20 lized to make the determination: Provided further, That 

21 none of the funds made available under this Act may be 

22 used to pay for the performance of abortion as a method 

23 of family planning or to motivate or coerce any person 

24 to practice abortions: Provided further, That nothing in 

25 this paragraph shall be construed to alter any existing 
28 

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1 statutory prohibitions against abortion under section 104 

2 of the Foreign Assistance Act of 1961: Provided further, 

3 That none of the funds made available under this Act may 

4 be used to lobby for or against abortion: Provided further, 

5 That the eighth and ninth provisos under this heading in 

6 the Consolidated Appropriations Act, 2012 (Public Law 

7 112–74) shall apply to funds appropriated under this 

8 heading in this Act: Provided further, That for purposes 

9 of this or any other Act authorizing or appropriating funds 

10 for the Department of State, foreign operations, and re11 lated programs, the term ‘‘motivate’’, as it relates to fam12 ily planning assistance, shall not be construed to prohibit 

13 the provision, consistent with local law, of information or 

14 counseling about all pregnancy options: Provided further, 

15 That information provided about the use of condoms as 

16 part of projects or activities that are funded from amounts 

17 appropriated by this Act shall be medically accurate and 

18 shall include the public health benefits and failure rates 

19 of such use. 

20 In addition, for necessary expenses to carry out the 

21 provisions of the Foreign Assistance Act of 1961 for the 

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

23 HIV/AIDS, $5,550,000,000, to remain available until 

24 September 30, 2017, which shall be apportioned directly 

25 to the Department of State: Provided, That the annual 
29 

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1 report required by section 104A(f) of the Foreign Assist2 ance Act of 1961, which report shall be submitted here3 after, as well, to the Committees on Appropriations, shall 

4 include for each regional and bilateral partnership frame5 work country a description of the transition strategy for 

6 each such country within the President’s Emergency Plan 

7 for AIDS Relief, including details on the host country and/ 

8 or multilateral organization capacity to sustain the 

9 achievements of United States-funded HIV/AIDS and re10 lated programs: Provided further, That funds appropriated 

11 under this paragraph may be made available, notwith12 standing any other provision of law, except for the United 

13 States Leadership Against HIV/AIDS, Tuberculosis and 

14 Malaria Act of 2003 (Public Law 108–25), as amended, 

15 for a United States contribution to the Global Fund to 

16 Fight AIDS, Tuberculosis and Malaria (Global Fund), 

17 and shall be expended at the minimum rate necessary to 

18 make timely payment for projects and activities: Provided 

19 further, That the amount of such contribution should be 

20 $1,650,000,000: Provided further, That up to 5 percent 

21 of the aggregate amount of funds made available to the 

22 Global Fund in fiscal year 2013 may be made available 

23 to USAID for technical assistance related to the activities 

24 of the Global Fund: Provided further, That of the funds 

25 appropriated under this paragraph, up to $14,250,000 
30 

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1 may be made available, in addition to amounts otherwise 

2 available for such purposes, for administrative expenses of 

3 the Office of the United States Global AIDS Coordinator. 

4 DEVELOPMENT ASSISTANCE

5 For necessary expenses to carry out the provisions 

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

7 255, and chapter 10 of part I of the Foreign Assistance 

8 Act of 1961, $3,050,000,000, to remain available until 

9 September 30, 2014: Provided, That of the funds appro10 priated under this heading, $23,000,000 shall be made 

11 available for the American Schools and Hospitals Abroad 

12 program, and not less than $10,000,000 shall be made 

13 available for USAID cooperative development programs 

14 within the Office of Private and Voluntary Cooperation. 

15 INTERNATIONAL DISASTER ASSISTANCE

16 For necessary expenses to carry out the provisions 

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

18 international disaster relief, rehabilitation, and recon19 struction assistance, $1,250,000,000, to remain available 

20 until expended. 

21 TRANSITION INITIATIVES

22 For necessary expenses for international disaster re23 habilitation and reconstruction assistance pursuant to sec24 tion 491 of the Foreign Assistance Act of 1961, 

25 $59,000,000, to remain available until expended, to sup-
31 

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1 port transition to democracy and to long-term develop2 ment of countries in crisis: Provided, That such support 

3 may include assistance to develop, strengthen, or preserve 

4 democratic institutions and processes, revitalize basic in5 frastructure, and foster the peaceful resolution of conflict: 

6 Provided further, That USAID shall submit a report to 

7 the Committees on Appropriations at least 5 days prior 

8 to beginning a new program of assistance: Provided fur9 ther, That if the Secretary of State determines that it is 

10 important to the national interests of the United States 

11 to provide transition assistance in excess of the amount 

12 appropriated under this heading, up to $15,000,000 of the 

13 funds appropriated by this Act to carry out the provisions 

14 of part I of the Foreign Assistance Act of 1961 may be 

15 used for purposes of this heading and under the authori16 ties applicable to funds appropriated under this heading: 

17 Provided further, That funds made available pursuant to 

18 the previous proviso shall be made available subject to 

19 prior consultation with the Committees on Appropriations. 

20 COMPLEX CRISES FUND

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses to carry out the provisions 

23 of the Foreign Assistance Act of 1961 to enable the 

24 USAID Administrator, in consultation with the Secretary 

25 of State, to support programs and activities to prevent or 
32 

•S 3241 PCS

1 respond to emerging or unforeseen complex crises over2 seas, $50,000,000, to remain available until expended: 

3 Provided, That funds appropriated under this heading 

4 may be made available on such terms and conditions as 

5 the USAID Administrator may determine, in consultation 

6 with the Committees on Appropriations, for the purposes 

7 of preventing or responding to such crises, except that no 

8 funds shall be made available to respond to natural disas9 ters: Provided further, That funds appropriated under this 

10 heading may be made available notwithstanding any other 

11 provision of law, except sections 7007, 7008, and 7018 

12 of this Act and section 620M of the Foreign Assistance 

13 Act of 1961, as amended by this Act: Provided further, 

14 That funds appropriated under this heading shall be sub15 ject to the regular notification procedures of the Commit16 tees on Appropriations, except that such notifications shall 

17 be transmitted at least 5 days in advance of the obligation 

18 of funds: Provided further, That up to $10,000,000 of the 

19 funds appropriated under this heading may be transferred 

20 to, and merged with, funds appropriated under the head21 ing ‘‘Conflict Stabilization Operations’’ in title I of prior 

22 Acts making appropriations for the Department of State, 

23 foreign operations, and related programs. 
33 

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1 DEVELOPMENT CREDIT AUTHORITY

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans and loan guarantees pro4 vided by USAID, as authorized by sections 256 and 635 

5 of the Foreign Assistance Act of 1961, up to $40,000,000 

6 may be derived by transfer from funds appropriated by 

7 this Act to carry out part I of such Act: Provided, That 

8 funds provided under this paragraph and funds provided 

9 as a gift that are used for purposes of this paragraph pur10 suant to section 635(d) of the Foreign Assistance Act of 

11 1961 shall be made available only for micro and small en12 terprise programs, urban programs, and other programs 

13 which further the purposes of part I of such Act: Provided 

14 further, That such costs, including the cost of modifying 

15 such direct and guaranteed loans, shall be as defined in 

16 section 502 of the Congressional Budget Act of 1974, as 

17 amended: Provided further, That funds made available by 

18 this paragraph may be used for the cost of modifying any 

19 such guaranteed loans under this Act or prior Acts, and 

20 funds used for such costs shall be subject to the regular 

21 notification procedures of the Committees on Appropria22 tions: Provided further, That the provisions of section 

23 107A(d) (relating to general provisions applicable to the 

24 Development Credit Authority) of the Foreign Assistance 

25 Act of 1961, as contained in section 306 of H.R. 1486 
34 

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1 as reported by the House Committee on International Re2 lations on May 9, 1997, shall be applicable to direct loans 

3 and loan guarantees provided under this heading, except 

4 that the principal amount of loans made or guaranteed 

5 under this heading with respect to any single country shall 

6 not exceed $300,000,000: Provided further, That these 

7 funds are available to subsidize total loan principal, any 

8 portion of which is to be guaranteed, of up to 

9 $750,000,000. 

10 In addition, for administrative expenses to carry out 

11 credit programs administered by USAID, $8,200,000, 

12 which may be transferred to, and merged with, funds 

13 made available under the heading ‘‘Operating Expenses’’ 

14 in title II of this Act: Provided, That funds made available 

15 under this heading shall remain available until September 

16 30, 2015. 

17 ECONOMIC SUPPORT FUND

18 For necessary expenses to carry out the provisions 

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

20 1961, $4,524,332,000, to remain available until Sep21 tember 30, 2014: Provided, That of the funds appro22 priated under this heading, $250,000,000 shall be made 

23 available for assistance for Egypt, for programs and ac24 tivities to reduce poverty and create jobs, strengthen de25 mocracy, and protect human rights, including to imple-
35 

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1 ment section 7041(b)(3) of this Act, and including not less 

2 than $35,000,000 for education programs of which not 

3 less than $10,000,000 is for scholarships at not-for-profit 

4 institutions for Egyptian students with high financial 

5 need: Provided further, That funds appropriated under 

6 this heading that are made available for assistance for Cy7 prus shall be used only for scholarships, administrative 

8 support of the scholarship program, bicommunal projects, 

9 and measures aimed at reunification of the island and de10 signed to reduce tensions and promote peace and coopera11 tion between the two communities on Cyprus: Provided 

12 further, That of the funds made available for assistance 

13 for Lebanon under this heading, $12,000,000 shall be 

14 used for scholarships at not-for-profit institutions for stu15 dents in Lebanon with high financial need: Provided fur16 ther, That of the funds appropriated under this heading, 

17 not less than $410,000,000 shall be available for assist18 ance for Jordan: Provided further, That of the funds ap19 propriated under this heading, not less than $175,000,000 

20 shall be apportioned directly to USAID for alternative de21 velopment/institution building and local governance pro22 grams in Colombia: Provided further, That notwith23 standing any other provision of law, of the funds appro24 priated under this heading, not more than $15,000,000 

25 may be made available for assistance for Cuba, including 
36 

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1 for humanitarian assistance, support for economic reform, 

2 private sector initiatives, democracy, and human rights: 

3 Provided further, That funds made available for the South4 ern Caucasus region may be used for confidence-building 

5 measures and other activities in furtherance of the peace6 ful resolution of conflicts, including in Nagorno-Karabakh: 

7 Provided further, That of the funds appropriated under 

8 this heading, not less than $7,000,000 shall be made avail9 able for humanitarian, conflict mitigation, human rights, 

10 civil society, and relief and reconstruction assistance for 

11 the North Caucasus: Provided further, That after con12 sultation with the Committees on Appropriations and the 

13 Secretary of the Treasury, the Secretary of State may 

14 transfer funds made available under this heading to funds 

15 appropriated by this Act under the heading ‘‘Multilateral 

16 Assistance, Funds Appropriated to the President, Inter17 national Financial Institutions’’ for additional payments 

18 to such institutions, facilities, and funds enumerated 

19 under such headings: Provided further, That funds appro20 priated under this heading by this Act or prior Acts mak21 ing appropriations for the Department of State, foreign 

22 operations and related programs, or under the heading 

23 ‘‘Assistance for Europe, Eurasia and Central Asia’’ in 

24 such prior Acts, may be made available as a contribution 
37 

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1 to an endowment in support of efforts to maintain and 

2 preserve the Auschwitz-Birkenau site. 

3 DEMOCRACY FUND

4 For necessary expenses to carry out the provisions 

5 of the Foreign Assistance Act of 1961 for the promotion 

6 of democracy globally, $230,000,000, to remain available 

7 until September 30, 2014, of which $136,000,000 shall 

8 be made available for the Human Rights and Democracy 

9 Fund of the Bureau of Democracy, Human Rights, and 

10 Labor, Department of State, and $94,000,000 shall be 

11 made available for the Bureau for Democracy, Conflict, 

12 and Humanitarian Assistance, USAID. 

13 MIDDLE EAST AND NORTH AFRICA INCENTIVE FUND

14 For necessary expenses for a Middle East and North 

15 Africa Incentive Fund to carry out the provisions of the 

16 Foreign Assistance Act of 1961, as amended by this Act, 

17 $1,000,000,000, to remain available until September 30, 

18 2015, which shall be available, notwithstanding any other 

19 provision of law except section 620M of the Foreign As20 sistance Act, as amended by this Act, for assistance and 

21 for contributions to promote regional peace and security 

22 and political and economic reform and stability in the Mid23 dle East and North Africa, which shall include programs 

24 and activities focused on empowering women and girls, ad25 vancing their stature, protection, and integration into edu-
38 

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1 cational, political, economic, and security sectors of their 

2 societies: Provided, That funds appropriated under this 

3 heading may be made available for scholarships and public 

4 diplomacy programs, including educational and profes5 sional exchanges, broadcasting, and use of the Internet 

6 and social media to facilitate communication with and 

7 among the people of the region: Provided further, That 

8 funds appropriated under this heading may be made avail9 able for the costs of direct and guaranteed loans for coun10 tries in the Middle East and North Africa: Provided fur11 ther, That such costs, including the cost of modifying such 

12 loans and loan guarantees, shall be as defined in section 

13 502 of the Congressional Budget Act of 1974, and may 

14 include the costs of selling, reducing, or cancelling any 

15 amounts owed to the United States or any agency of the 

16 United States by any country in the Middle East and 

17 North Africa: Provided further, That amounts that are 

18 made available under the previous two provisos for the 

19 costs of direct loans, loan guarantees, and modifications 

20 shall not be considered assistance for the purposes of pro21 visions of law limiting assistance to a country: Provided 

22 further, That funds appropriated under this heading may 

23 be transferred to, and merged with, funds appropriated 

24 under the heading ‘‘Contributions for International Peace25 keeping’’ for peacekeeping operations in the Middle East 
39 

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1 and North Africa: Provided further, That funds appro2 priated under this heading may be transferred to any in3 stitution, fund, or program for which funds are made 

4 available under the heading ‘‘Multilateral Assistance, 

5 Funds Appropriated to the President, International Fi6 nancial Institutions’’ for the purposes of this heading: Pro7 vided further, That up to 5 percent of funds appropriated 

8 under this heading may be made available for administra9 tive expenses of agencies implementing and managing pro10 grams funded under this heading, in addition to funds oth11 erwise available for such purposes, and such funds may 

12 be transferred to, and merged with, funds under the head13 ings ‘‘Diplomatic and Consular Programs’’ and ‘‘Oper14 ating Expenses’’: Provided further, That prior to the initial 

15 obligation of funds appropriated under this heading the 

16 Secretary of State shall consult with the Committees on 

17 Appropriations. 

18 DEPARTMENT OF STATE

19 MIGRATION AND REFUGEE ASSISTANCE

20 For necessary expenses not otherwise provided for, 

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

22 of section 2(a) and (b) of the Migration and Refugee As23 sistance Act of 1962, and other activities to meet refugee 

24 and migration needs; salaries and expenses of personnel 

25 and dependents as authorized by the Foreign Service Act 
40 

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1 of 1980; allowances as authorized by sections 5921 

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

3 hire of passenger motor vehicles; and services as author4 ized by section 3109 of title 5, United States Code, 

5 $2,300,000,000, to remain available until expended, of 

6 which $15,000,000 shall be made available for refugees 

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

8 be made available to respond to small-scale emergency hu9 manitarian requirements. 

10 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

11 ASSISTANCE FUND

12 For necessary expenses to carry out the provisions 

13 of section 2(c) of the Migration and Refugee Assistance 

14 Act of 1962, as amended (22 U.S.C. 2601(c)), 

15 $50,000,000, to remain available until expended. 

16 INDEPENDENT AGENCIES

17 PEACE CORPS

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses to carry out the provisions 

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

21 the purchase of not to exceed five passenger motor vehicles 

22 for administrative purposes for use outside of the United 

23 States, $400,000,000, of which $5,000,000 is for the Of24 fice of Inspector General, to remain available until Sep25 tember 30, 2014: Provided, That the Director of the Peace 
41 

•S 3241 PCS

1 Corps (the Director) may transfer to the Foreign Cur2 rency Fluctuations Account, as authorized by 22 U.S.C. 

3 2515, an amount not to exceed $5,000,000: Provided fur4 ther, That funds transferred pursuant to the previous pro5 viso may not be derived from amounts made available for 

6 Peace Corps overseas operations: Provided further, That 

7 of the funds appropriated under this heading, not to ex8 ceed $100,000 may be available for representation ex9 penses, of which not to exceed $4,000 may be made avail10 able for entertainment expenses: Provided further, That 

11 any decision to open, close, significantly reduce, or sus12 pend a domestic or overseas office or country program 

13 shall be subject to prior consultation with, and the regular 

14 notification procedures of, the Committees on Appropria15 tions, except that prior consultation and regular notifica16 tion procedures may be waived when there is a substantial 

17 security risk to volunteers or other Peace Corps personnel, 

18 pursuant to section 7015(e) of this Act: Provided further, 

19 That none of the funds appropriated under this heading 

20 shall be used to pay for abortions: Provided further, That 

21 notwithstanding the previous proviso, section 614 of divi22 sion C of Public Law 112–74 shall apply to Peace Corps 

23 volunteers to the same effect as it applies to Peace Corps 

24 employees. 
42 

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1 MILLENNIUM CHALLENGE CORPORATION

2 For necessary expenses to carry out the provisions 

3 of the Millennium Challenge Act of 2003 (MCA), 

4 $898,200,000 to remain available until expended: Pro5 vided, That of the funds appropriated under this heading, 

6 up to $105,000,000 may be available for administrative 

7 expenses of the Millennium Challenge Corporation (the 

8 Corporation): Provided further, That up to 5 percent of 

9 the funds appropriated under this heading may be made 

10 available to carry out the purposes of section 616 of the 

11 MCA for fiscal year 2013: Provided further, That section 

12 605(e) of the MCA shall apply to funds appropriated 

13 under this heading: Provided further, That funds appro14 priated under this heading may be made available for a 

15 Millennium Challenge Compact entered into pursuant to 

16 section 609 of the MCA only if such Compact obligates, 

17 or contains a commitment to obligate subject to the avail18 ability of funds and the mutual agreement of the parties 

19 to the Compact to proceed, the entire amount of the 

20 United States Government funding anticipated for the du21 ration of the Compact: Provided further, That the Chief 

22 Executive Officer of the Corporation shall notify the Com23 mittees on Appropriations not later than 15 days prior to 

24 signing any new country compact or new threshold coun25 try program; terminating or suspending any country com-
43 

•S 3241 PCS

1 pact or threshold country program; or commencing nego2 tiations for any new compact or threshold country pro3 gram: Provided further, That any funds that are 

4 deobligated from a Millennium Challenge Compact shall 

5 be subject to the regular notification procedures of the 

6 Committees on Appropriations prior to re-obligation: Pro7 vided further, That notwithstanding section 606(a)(2) of 

8 the MCA, a country shall be a candidate country for pur9 poses of eligibility for assistance for the fiscal year if the 

10 country has a per capita income equal to or below the 

11 World Bank’s lower middle income country threshold for 

12 the fiscal year and is among the 75 lowest per capita in13 come countries as identified by the World Bank; and the 

14 country meets the requirements of section 606(a)(1)(B) 

15 of the MCA: Provided further, That notwithstanding sec16 tion 606(b)(1) of the MCA, in addition to countries de17 scribed in the preceding proviso, a country shall be a can18 didate country for purposes of eligibility for assistance for 

19 the fiscal year if the country has a per capita income equal 

20 to or below the World Bank’s lower middle income country 

21 threshold for the fiscal year and is not among the 75 low22 est per capita income countries as identified by the World 

23 Bank; and the country meets the requirements of section 

24 606(a)(1)(B) of the MCA: Provided further, That any Mil25 lennium Challenge Corporation candidate country under 
44 

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1 section 606 of the MCA with a per capita income that 

2 changes in the fiscal year such that the country would be 

3 reclassified from a low income country to a lower middle 

4 income country or from a lower middle income country 

5 to a low income country shall retain its candidacy status 

6 in its former income classification for the fiscal year and 

7 the 2 subsequent fiscal years: Provided further, That sec8 tion 610 of the MCA shall not apply with respect to the 

9 Federal Register: Provided further, That notwithstanding 

10 section 609(j) of the MCA, a compact may be extended 

11 by the Board of the Corporation up to 1 year due to ex12 traordinary circumstances: Provided further, That of the 

13 funds appropriated under this heading, not to exceed 

14 $65,000 may be available for representation expenses. 

15 INTER-AMERICAN FOUNDATION

16 For necessary expenses to carry out the functions of 

17 the Inter-American Foundation in accordance with the 

18 provisions of section 401 of the Foreign Assistance Act 

19 of 1969, $23,500,000, to remain available until September 

20 30, 2014: Provided, That of the funds appropriated under 

21 this heading, not to exceed $1,000 may be available for 

22 representation expenses. 

23 AFRICAN DEVELOPMENT FOUNDATION

24 For necessary expenses to carry out title V of the 

25 International Security and Development Cooperation Act 
45 

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1 of 1980 (Public Law 96–533), $31,000,000, to remain 

2 available until September 30, 2014, of which not to exceed 

3 $2,000 may be available for representation expenses: Pro4 vided, That funds made available to grantees may be in5 vested pending expenditure for project purposes when au6 thorized by the Board of Directors of the African Develop7 ment Foundation (ADF): Provided further, That interest 

8 earned shall be used only for the purposes for which the 

9 grant was made: Provided further, That notwithstanding 

10 section 505(a)(2) of the African Development Foundation 

11 Act, in exceptional circumstances the Board of Directors 

12 of the ADF may waive the $250,000 limitation contained 

13 in that section with respect to a project and a project may 

14 exceed the limitation by up to 10 percent if the increase 

15 is due solely to foreign currency fluctuation: Provided fur16 ther, That the ADF shall provide a report to the Commit17 tees on Appropriations after each time such waiver author18 ity is exercised: Provided further, That section 503(a) of 

19 the African Development Foundation Act (Public Law 96– 

20 533; 22 U.S.C. 290h–1(a)) is hereby amended by inserting 

21 ‘‘United States’’ before ‘‘African Development’’. 

22 DEPARTMENT OF THE TREASURY

23 INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

24 For necessary expenses to carry out the provisions 

25 of section 129 of the Foreign Assistance Act of 1961, 
46 

•S 3241 PCS

1 $29,000,000, to remain available until September 30, 

2 2015, which shall be available notwithstanding any other 

3 provision of law. 

4 TITLE IV 

5 INTERNATIONAL SECURITY ASSISTANCE 

6 DEPARTMENT OF STATE

7 INTERNATIONAL NARCOTICS CONTROL AND LAW

8 ENFORCEMENT

9 For necessary expenses to carry out section 481 of 

10 the Foreign Assistance Act of 1961, $1,484,620,000, to 

11 remain available until September 30, 2014: Provided, 

12 That funds made available under this heading shall be al13 located as follows: 

14 (1) COUNTERNARCOTICS PROGRAMS.— 

15 $214,520,000 for assistance for counternarcotics 

16 programs, including supply and demand reduction, 

17 and associated programs: Provided, That the De18 partment of State may use the authority of section 

19 608 of the Foreign Assistance Act of 1961, without 

20 regard to its restrictions, to receive excess property 

21 from an agency of the United States Government for 

22 the purposes of providing such property to a foreign 

23 country or international organization under chapter 

24 8 of part I of that Act, subject to the regular notifi25 cation procedures of the Committees on Appropria-
47 

•S 3241 PCS

1 tions: Provided further, That section 482(b) of the 

2 Foreign Assistance Act of 1961 shall not apply to 

3 funds appropriated under this heading, except that 

4 any funds made available notwithstanding such sec5 tion shall be subject to the regular notification pro6 cedures of the Committees on Appropriations: Pro7 vided further, That of the funds appropriated under 

8 this heading and under the heading ‘‘Foreign Mili9 tary Financing Program’’ that are available for po10 lice and military forces in Mexico and Central and 

11 South America, not less than $10,000,000 shall be 

12 available for assistance for civilians who suffer harm 

13 as a result of counternarcotics, anti-crime, and coun14 terinsurgency operations by such forces, except that 

15 such funds shall be matched by sources other than 

16 the Government of the United States. 

17 (2) CIVILIAN JUDICIAL AND SECURITY PRO18 GRAMS.—$899,600,000 for assistance for rule of 

19 law, justice, corrections, anti-crime, cyber crime, ci20 vilian police, and security sector reform programs, of 

21 which not less than $5,000,000 shall be made avail22 able to combat piracy of United States copyright 

23 materials, consistent with the requirements of sec24 tion 688 (a) and (b) of the Department of State, 

25 Foreign Operations, and Related Programs Appro-
48 

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1 priations Act, 2008 (division J of Public Law 110– 

2 161): Provided, That the reporting requirements 

3 contained in section 1404 of Public Law 110–252 

4 shall apply to funds made available by this Act, in5 cluding a description of modifications, if any, to the 

6 security strategy of the Palestinian Authority: Pro7 vided further, That funds appropriated under this 

8 heading shall be made available for interagency rule 

9 of law training programs. 

10 (3) AVIATION.—$243,000,000 for expenses re11 lating to the cost of purchasing, leasing, maintain12 ing, and the disposition of aircraft, and including 

13 aircraft used in counternarcotics programs: Pro14 vided, That not later than 60 days after enactment 

15 of this Act, the Secretary of State shall submit a re16 port to the Committees on Appropriations detailing 

17 the number of aircraft purchased and leased by the 

18 Department of State in previous fiscal year, and the 

19 costs of storing and maintaining such aircraft. 

20 (4) ADMINISTRATIVE EXPENSES.— 

21 $127,500,000 for administrative expenses, including 

22 the costs associated with the hiring of contractors: 

23 Provided, That not later than 180 days after enact24 ment of this Act, the Secretary of State shall submit 

25 a report to the Committees on Appropriations detail-
49 

•S 3241 PCS

1 ing the number of personnel, including contractors, 

2 hired by funds made available under this paragraph, 

3 and a description of the job to be performed. 

4 (5) REPROGRAMMING AND OTHER MATTERS.— 

5 (A) Notwithstanding any provision of this 

6 Act, funds may be reprogrammed between sub7 sections under this heading subject to section 

8 7015 of this Act. 

9 (B) Notwithstanding any other provision of 

10 law, the concurrence of the Secretary of State 

11 shall be required for the provision of assistance 

12 under section 1033 of Public Law 105–85, as 

13 amended, and for the provision of any other as14 sistance which is comparable to assistance made 

15 available under this heading but which is pro16 vided by any other Federal department or agen17 cy under any other provision of law, including 

18 assistance to support counternarcotics and anti19 crime activities of a foreign government and for 

20 any foreign law enforcement agency for such 

21 purposes. 

22 (C) The Secretary of State shall provide to 

23 the Committees on Appropriations not later 

24 than 45 days after enactment of this Act and 

25 prior to the initial obligation of funds appro-
50 

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1 priated under this heading, a report on the pro2 posed uses of all funds under this heading on 

3 a country-by-country basis for each proposed 

4 program, project, or activity. 

5 NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND

6 RELATED PROGRAMS

7 For necessary expenses for nonproliferation, anti-ter8 rorism, demining and related programs and activities, 

9 $635,668,000, to carry out the provisions of chapter 8 of 

10 part II of the Foreign Assistance Act of 1961 for anti11 terrorism assistance, chapter 9 of part II of the Foreign 

12 Assistance Act of 1961, section 504 of the FREEDOM 

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

14 or the Foreign Assistance Act of 1961 for demining activi15 ties, the clearance of unexploded ordnance, the destruction 

16 of small arms, and related activities, notwithstanding any 

17 other provision of law, including activities implemented 

18 through nongovernmental and international organizations, 

19 and section 301 of the Foreign Assistance Act of 1961 

20 for a voluntary contribution to the International Atomic 

21 Energy Agency (IAEA), and for a United States contribu22 tion to the Comprehensive Nuclear Test Ban Treaty Pre23 paratory Commission: Provided, That for the clearance of 

24 unexploded ordnance, the Secretary of State should 

25 prioritize those areas where such ordnance was caused by 
51 

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1 the United States: Provided further, That funds made 

2 available under this heading for the Nonproliferation and 

3 Disarmament Fund shall be available notwithstanding any 

4 other provision of law and subject to prior consultation 

5 with, and the regular notification procedures of, the Com6 mittees on Appropriations, to promote bilateral and multi7 lateral activities relating to nonproliferation, disarmament 

8 and weapons destruction, and shall remain available until 

9 expended: Provided further, That such funds may also be 

10 used for such countries other than the Independent States 

11 of the former Soviet Union and international organiza12 tions when it is in the national security interest of the 

13 United States to do so: Provided further, That funds ap14 propriated under this heading may be made available for 

15 the IAEA unless the Secretary of State determines that 

16 Israel is being denied its right to participate in the activi17 ties of that Agency: Provided further, That funds appro18 priated under this heading may be made available for pub19 lic-private partnerships for conventional weapons and 

20 mine action by grant, cooperative agreement or contract: 

21 Provided further, That notwithstanding any other provi22 sion of law, funds appropriated under this heading in prior 

23 Acts that were previously notified to the Committees on 

24 Appropriations for programs in Asia but that remain un25 obligated on the date of enactment of this Act, shall be 
52 

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1 subject to the regular notification procedures of the Com2 mittees on Appropriations prior to obligation: Provided 

3 further, That funds made available for demining and re4 lated activities, in addition to funds otherwise available for 

5 such purposes, may be used for administrative expenses 

6 related to the operation and management of the demining 

7 program: Provided further, That funds appropriated under 

8 this heading that are available for ‘‘Anti-terrorism Assist9 ance’’ and ‘‘Export Control and Border Security’’ shall re10 main available until September 30, 2014. 

11 In addition, for assistance for unanticipated non12 proliferation, demining, and anti-terrorism programs in 

13 the Near East and other regions, $60,000,000, to remain 

14 available until expended. 

15 PEACEKEEPING OPERATIONS

16 For necessary expenses to carry out the provisions 

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

18 $391,100,000: Provided, That funds appropriated under 

19 this heading may be used, notwithstanding section 660 of 

20 such Act, to provide assistance to enhance the capacity 

21 of foreign civilian security forces, including gendarmes, to 

22 participate in peacekeeping operations: Provided further, 

23 That of the funds appropriated under this heading, 

24 $28,000,000 shall be made available for a United States 

25 contribution to the Multinational Force and Observers 
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1 mission in the Sinai: Provided further, That of the funds 

2 appropriated under this heading, up to $142,000,000 may 

3 be used to pay assessed expenses of international peace4 keeping activities in Somalia and shall be available until 

5 September 30, 2014: Provided further, That funds appro6 priated under this Act should not be used to support any 

7 military training or operations that include child soldiers: 

8 Provided further, That none of the funds appropriated 

9 under this heading shall be obligated or expended except 

10 as provided through the regular notification procedures of 

11 the Committees on Appropriations. 

12 FUNDS APPROPRIATED TO THE PRESIDENT

13 INTERNATIONAL MILITARY EDUCATION AND TRAINING

14 For necessary expenses to carry out the provisions 

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

16 $103,018,000, of which up to $4,000,000 may remain 

17 available until September 30, 2014, and may only be pro18 vided through the regular notification procedures of the 

19 Committees on Appropriations: Provided, That the civilian 

20 personnel for whom military education and training may 

21 be provided under this heading may include civilians who 

22 are not members of a government whose participation 

23 would contribute to improved civil-military relations, civil24 ian control of the military, or respect for human rights: 

25 Provided further, That the Secretary of State shall provide 
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1 to the Committees on Appropriations, not later than 45 

2 days after enactment of this Act, a report on the proposed 

3 uses of all program funds under this heading on a country4 by-country basis, including a detailed description of pro5 posed activities: Provided further, That of the funds appro6 priated under this heading, not to exceed $20,000 may 

7 be available for entertainment expenses. 

8 FOREIGN MILITARY FINANCING PROGRAM

9 For necessary expenses for grants to enable the 

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

11 Arms Export Control Act, $5,849,820,000: Provided, 

12 That to expedite the provision of assistance to foreign 

13 countries and international organizations, the Secretary of 

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

18 services to enhance the capacity of foreign security forces: 

19 Provided further, That of the funds appropriated under 

20 this heading, not less than $3,100,000,000 shall be avail21 able for grants only for Israel, and $1,300,000,000 shall 

22 be available for grants only for Egypt: Provided further, 

23 That the funds appropriated under this heading for assist24 ance for Israel shall be disbursed within 30 days of enact25 ment of this Act: Provided further, That to the extent that 
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1 the Government of Israel requests that funds be used for 

2 such purposes, grants made available for Israel under this 

3 heading shall, as agreed by the United States and Israel, 

4 be available for advanced weapons systems, of which not 

5 less than $815,300,000 shall be available for the procure6 ment in Israel of defense articles and defense services, in7 cluding research and development: Provided further, That 

8 of the funds appropriated under this heading, 

9 $300,000,000 shall be made available for assistance for 

10 Jordan: Provided further, That funds appropriated by this 

11 Act should not be made available and no defense export 

12 license should be issued for tear gas, armored vehicles, 

13 small arms, light weapons, ammunition, or other items for 

14 crowd control purposes, to the security forces of a foreign 

15 country undergoing democratic transition, unless the Sec16 retary of State notifies the Committees on Appropriations 

17 that such forces have not repeatedly used excessive force 

18 to repress peaceful, lawful, and organized dissent: Pro19 vided further, That none of the funds made available under 

20 this heading shall be made available to support or continue 

21 any program initially funded under the authority of sec22 tion 1206 of the National Defense Authorization Act for 

23 Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456) 

24 unless the Secretary of State, in coordination with the Sec25 retary of Defense, has justified such program to the Com-
56 

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1 mittees on Appropriations: Provided further, That funds 

2 appropriated or otherwise made available under this head3 ing shall be nonrepayable notwithstanding any require4 ment in section 23 of the Arms Export Control Act: Pro5 vided further, That funds made available under this head6 ing shall be obligated upon apportionment in accordance 

7 with paragraph (5)(C) of title 31, United States Code, sec8 tion 1501(a). 

9 None of the funds made available under this heading 

10 shall be available to finance the procurement of defense 

11 articles, defense services, or design and construction serv12 ices that are not sold by the United States Government 

13 under the Arms Export Control Act unless the foreign 

14 country proposing to make such procurement has first 

15 signed an agreement with the United States Government 

16 specifying the conditions under which such procurement 

17 may be financed with such funds: Provided, That all coun18 try and funding level increases in allocations shall be sub19 mitted through the regular notification procedures of sec20 tion 7015 of this Act: Provided further, That funds made 

21 available under this heading may be used, notwithstanding 

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

23 unexploded ordnance, and related activities, and may in24 clude activities implemented through nongovernmental 

25 and international organizations: Provided further, That 
57 

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1 only those countries for which assistance was justified for 

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

3 fiscal year 1989 congressional presentation for security as4 sistance programs may utilize funds made available under 

5 this heading for procurement of defense articles, defense 

6 services or design and construction services that are not 

7 sold by the United States Government under the Arms 

8 Export Control Act: Provided further, That funds appro9 priated under this heading shall be expended at the min10 imum rate necessary to make timely payment for defense 

11 articles and services: Provided further, That not more than 

12 $60,000,000 of the funds appropriated under this heading 

13 may be obligated for necessary expenses, including the 

14 purchase of passenger motor vehicles for replacement only 

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

16 of administering military assistance and sales, except that 

17 this limitation may be exceeded only through the regular 

18 notification procedures of the Committees on Appropria19 tions: Provided further, That of the funds appropriated 

20 under this heading for general costs of administering mili21 tary assistance and sales, not to exceed $10,000 may be 

22 available for representation expenses: Provided further, 

23 That not more than $885,000,000 of funds realized pursu24 ant to section 21(e)(1)(A) of the Arms Export Control Act 

25 may be obligated for expenses incurred by the Department 
58 

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1 of Defense during fiscal year 2013 pursuant to section 

2 43(b) of the Arms Export Control Act, except that this 

3 limitation may be exceeded only through the regular notifi4 cation procedures of the Committees on Appropriations. 

5 PAKISTAN COUNTERINSURGENCY CAPABILITY FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary expenses to carry out the provisions 

8 of chapter 8 of part I and chapters 2, 5, 6, and 8 of part 

9 II of the Foreign Assistance Act of 1961 and section 23 

10 of the Arms Export Control Act, $50,000,000, to remain 

11 available until September 30, 2013, for the purpose of pro12 viding assistance for Pakistan to build and maintain the 

13 counterinsurgency capability of Pakistani security forces 

14 (including the Frontier Corps), to include program man15 agement, training in civil-military humanitarian assist16 ance, human rights training, and the provision of equip17 ment, supplies, services, training, and facility and infra18 structure repair, renovation, and construction: Provided, 

19 That the terms, conditions, and authorities contained in 

20 the first through sixth provisos under this heading in title 

21 VIII of division I of Public Law 112–74 shall apply to 

22 funds appropriated by this Act under this heading: Pro23 vided further, That none of the funds appropriated under 

24 this heading in this Act and prior Acts making appropria25 tions for the Department of State, foreign operations, and 
59 

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1 related programs may be made available for obligation un2 less the Secretary of State certifies to the Committees on 

3 Appropriations that the Government of Pakistan has re4 opened overland cargo routes available to support United 

5 States and North Atlantic Treaty Organization troops in 

6 Afghanistan, and funds appropriated under this heading 

7 can be used efficiently and effectively by the end of the 

8 fiscal year: Provided further, That if the Secretary cannot 

9 make the certification required in the previous proviso, 

10 funds appropriated by this Act and prior Acts under this 

11 heading shall be transferred to, and merged with, funds 

12 appropriated by this Act under the headings ‘‘Develop13 ment Assistance’’, ‘‘Economic Support Fund’’, ‘‘Middle 

14 East and North Africa Incentive Fund’’, and ‘‘Non15 proliferation, Anti-terrorism, Demining and Related Pro16 grams’’. 

17 GLOBAL SECURITY CONTINGENCY FUND

18 For necessary expenses of the Global Security Con19 tingency Fund, as authorized, $25,000,000, to remain 

20 available until expended. 
60 

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1 TITLE V 

2 MULTILATERAL ASSISTANCE 

3 FUNDS APPROPRIATED TO THE PRESIDENT

4 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

5 For necessary expenses to carry out the provisions 

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

7 of section 2 of the United Nations Environment Program 

8 Participation Act of 1973, $375,000,000: Provided, That 

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

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

12 INTERNATIONAL FINANCIAL INSTITUTIONS

13 GLOBAL ENVIRONMENT FACILITY

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

17 $139,400,000, to remain available until expended. 

18 CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT

19 ASSOCIATION

20 For payment to the International Development Asso21 ciation by the Secretary of the Treasury, $1,358,500,000, 

22 to remain available until expended. 

23 For payment to the International Development Asso24 ciation by the Secretary of the Treasury for costs incurred 
61 

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1 under the Multilateral Debt Relief Initiative, $50,000,000, 

2 to remain available until expended. 

3 CONTRIBUTION TO THE INTERNATIONAL BANK FOR

4 RECONSTRUCTION AND DEVELOPMENT

5 For payment to the International Bank for Recon6 struction and Development by the Secretary of the Treas7 ury for the United States share of the paid-in portion of 

8 the increases in capital stock, $186,957,000, to remain 

9 available until expended. 

10 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

11 The United States Governor of the International 

12 Bank for Reconstruction and Development may subscribe 

13 without fiscal year limitation to the callable capital portion 

14 of the United States share of increases in capital stock 

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

16 CONTRIBUTION TO THE CLEAN TECHNOLOGY FUND

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

20 $300,000,000, to remain available until expended. 

21 CONTRIBUTION TO THE STRATEGIC CLIMATE FUND

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

24 Climate Fund by the Secretary of the Treasury, 

25 $100,000,000, to remain available until expended. 
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1 GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM

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

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

5 CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT

6 BANK

7 For payment to the Inter-American Development 

8 Bank by the Secretary of the Treasury for the United 

9 States share of the paid-in portion of the increase in cap10 ital stock, $113,500,000, to remain available until ex11 pended. 

12 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

13 The United States Governor of the Inter-American 

14 Development Bank may subscribe without fiscal year limi15 tation to the callable capital portion of the United States 

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

17 $4,098,794,833. 

18 CONTRIBUTION TO THE ENTERPRISE FOR THE AMERICAS

19 MULTILATERAL INVESTMENT FUND

20 For payment to the Enterprise for the Americas Mul21 tilateral Investment Fund by the Secretary of the Treas22 ury, $25,726,000, to remain available until expended. 

23 CONTRIBUTION TO THE ASIAN DEVELOPMENT BANK

24 For payment to the Asian Development Bank by the 

25 Secretary of the Treasury for the United States share of 
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1 the paid-in portion of increase in capital stock, 

2 $106,799,000, to remain available until expended. 

3 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

4 The United States Governor of the Asian Develop5 ment Bank may subscribe without fiscal year limitation 

6 to the callable capital portion of the United States share 

7 of such capital stock in an amount not to exceed 

8 $2,558,048,769. 

9 CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND

10 For payment to the Asian Development Bank’s Asian 

11 Development Fund by the Secretary of the Treasury, 

12 $115,250,000, to remain available until expended. 

13 CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK

14 For payment to the African Development Bank by 

15 the Secretary of the Treasury for the United States share 

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

17 $32,418,000, to remain available until expended. 

18 For payment to the African Development Fund by 

19 the Secretary of the Treasury for costs incurred under the 

20 Multilateral Debt Relief Initiative, $15,150,000, to remain 

21 available until expended. 

22 LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS

23 The United States Governor of the African Develop24 ment Bank may subscribe without fiscal year limitation 

25 to the callable capital portion of the United States share 
64 

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1 of such capital stock in an amount not to exceed 

2 $507,860,808. 

3 CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND

4 For payment to the African Development Fund by 

5 the Secretary of the Treasury, $195,000,000, to remain 

6 available until expended. 

7 CONTRIBUTION TO THE INTERNATIONAL FUND FOR

8 AGRICULTURAL DEVELOPMENT

9 For payment to the International Fund for Agricul10 tural Development by the Secretary of the Treasury, 

11 $32,243,000, to remain available until expended. 

12 TITLE VI 

13 EXPORT AND INVESTMENT ASSISTANCE 

14 EXPORT-IMPORT BANK OF THE UNITED STATES

15 INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector 

17 General in carrying out the provisions of the Inspector 

18 General Act of 1978, as amended, $4,400,000, to remain 

19 available until September 30, 2014. 

20 PROGRAM ACCOUNT

21 The Export-Import Bank of the United States is au22 thorized to make such expenditures within the limits of 

23 funds and borrowing authority available to such corpora24 tion, and in accordance with law, and to make such con25 tracts and commitments without regard to fiscal year limi-
65 

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1 tations, as provided by section 104 of the Government 

2 Corporation Control Act, as may be necessary in carrying 

3 out the program for the current fiscal year for such cor4 poration: Provided, That none of the funds available dur5 ing the current fiscal year may be used to make expendi6 tures, contracts, or commitments for the export of nuclear 

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

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

9 Treaty on the Non-Proliferation of Nuclear Weapons eligi10 ble to receive economic or military assistance under this 

11 Act, that has detonated a nuclear explosive after the date 

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

13 loan, guarantee, and insurance authority available to the 

14 Export-Import Bank may not be used to support any coal15 fired power plant that does not meet United States Gov16 ernment emissions requirements for new coal-fired power 

17 plants: Provided further, That not less than 10 percent 

18 of the aggregate loan, guarantee, and insurance authority 

19 available to the Export-Import Bank under this Act 

20 should be used for renewable energy technologies or end21 use energy efficiency technologies: Provided further, That 

22 notwithstanding section 1(c) of Public Law 103–428, as 

23 amended, sections 1(a) and (b) of Public Law 103–428 

24 shall remain in effect through October 1, 2013. 
66 

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1 SUBSIDY APPROPRIATION

2 For the cost of direct loans, loan guarantees, insur3 ance, and tied-aid grants as authorized by section 10 of 

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

5 to exceed $38,000,000: Provided, That such costs, includ6 ing the cost of modifying such loans, shall be as defined 

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

8 Provided further, That such funds shall remain available 

9 until September 30, 2028, for the disbursement of direct 

10 loans, loan guarantees, insurance and tied-aid grants obli11 gated in fiscal years 2013, 2014, 2015, and 2016: Pro12 vided further, That none of the funds appropriated by this 

13 Act or any prior Acts appropriating funds for the Depart14 ment of State, foreign operations, and related programs 

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

16 purpose except through the regular notification procedures 

17 of the Committees on Appropriations. 

18 ADMINISTRATIVE EXPENSES

19 For administrative expenses to carry out the direct 

20 and guaranteed loan and insurance programs, including 

21 hire of passenger motor vehicles and services as authorized 

22 by 5 U.S.C. 3109, and not to exceed $20,000 for official 

23 reception and representation expenses for members of the 

24 Board of Directors, not to exceed $103,900,000: Provided, 

25 That the Export-Import Bank may accept, and use, pay-
67 

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1 ment or services provided by transaction participants for 

2 legal, financial, or technical services in connection with 

3 any transaction for which an application for a loan, guar4 antee or insurance commitment has been made: Provided 

5 further, That notwithstanding subsection (b) of section 

6 117 of the Export Enhancement Act of 1992, subsection 

7 (a) thereof shall remain in effect until September 30, 

8 2013: Provided further, That the Export-Import Bank 

9 shall charge fees for necessary expenses (including special 

10 services performed on a contract or fee basis, but not in11 cluding other personal services) in connection with the col12 lection of moneys owed the Export-Import Bank, reposses13 sion or sale of pledged collateral or other assets acquired 

14 by the Export-Import Bank in satisfaction of moneys owed 

15 the Export-Import Bank, or the investigation or appraisal 

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

17 or technical aspects of any transaction for which an appli18 cation for a loan, guarantee or insurance commitment has 

19 been made, or systems infrastructure directly supporting 

20 transactions: Provided further, That, in addition to other 

21 funds appropriated for administrative expenses, such fees 

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

23 expended. 
68 

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1 RECEIPTS COLLECTED

2 Receipts collected pursuant to the Export-Import 

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

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

5 exceed the amount appropriated herein, shall be credited 

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

7 sums herein appropriated from the General Fund shall be 

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

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

11 That amounts collected in fiscal year 2013 in excess of 

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

13 September 1, 2013, and shall remain available until Sep14 tember 30, 2016. 

15 OVERSEAS PRIVATE INVESTMENT CORPORATION

16 NONCREDIT ACCOUNT

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

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

20 commitments within the limits of funds available to it and 

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

22 That the amount available for administrative expenses to 

23 carry out the credit and insurance programs (including an 

24 amount for official reception and representation expenses 

25 which shall not exceed $10,000) shall not exceed 
69 

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1 $60,784,000: Provided further, That project-specific trans2 action costs, including direct and indirect costs incurred 

3 in claims settlements, and other direct costs associated 

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

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

8 PROGRAM ACCOUNT

9 For the cost of direct and guaranteed loans, 

10 $31,000,000, as authorized by section 234 of the Foreign 

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

12 the Overseas Private Investment Corporation Noncredit 

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

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

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

18 during fiscal years 2013, 2014, and 2015: Provided fur19 ther, That funds so obligated in fiscal year 2013 remain 

20 available for disbursement through 2021; funds obligated 

21 in fiscal year 2014 remain available for disbursement 

22 through 2022; and funds obligated in fiscal year 2015 re23 main available for disbursement through 2023: Provided 

24 further, That notwithstanding any other provision of law, 

25 the Overseas Private Investment Corporation is authorized 
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1 to undertake any program authorized by title IV of chap2 ter 2 of part I of the Foreign Assistance Act of 1961 in 

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

5 to the regular notification procedures of the Committees 

6 on Appropriations. 

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

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

11 the Overseas Private Investment Corporation Noncredit 

12 Account and merged with said account. 

13 TRADE AND DEVELOPMENT AGENCY

14 For necessary expenses to carry out the provisions 

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

16 $57,600,000, to remain available until September 30, 

17 2014: Provided, That of the funds appropriated under this 

18 heading, not more than $2,000 may be available for rep19 resentation and entertainment expenses. 

20 TITLE VII 

21 GENERAL PROVISIONS 

22 ALLOWANCES AND DIFFERENTIALS

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

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

25 allowances and differentials as authorized by subchapter 
71 

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

4 UNOBLIGATED BALANCES REPORT

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

6 States Government to which funds are appropriated or 

7 otherwise made available by this Act shall provide to the 

8 Committees on Appropriations a quarterly accounting of 

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

11 Treasury Account Fund Symbol of all funds received by 

12 such department or agency in fiscal year 2013 or any pre13 vious fiscal year, disaggregated by fiscal year: Provided, 

14 That the report required by this section should specify by 

15 account the amount of funds obligated pursuant to bilat16 eral agreements which have not been further sub-obli17 gated. 

18 CONSULTING SERVICES

19 SEC. 7003. The expenditure of any appropriation 

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

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

22 be limited to those contracts where such expenditures are 

23 a matter of public record and available for public inspec24 tion, except where otherwise provided under existing law, 
72 

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1 or under existing Executive order issued pursuant to exist2 ing law. 

3 CONSTRUCTION OF DIPLOMATIC FACILITIES

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

5 Act, except as provided in subsection (b), a project to con6 struct a diplomatic facility of the United States may not 

7 include office space or other accommodations for an em8 ployee of a Federal agency or department if the Secretary 

9 of State determines that such department or agency has 

10 not provided to the Department of State the full amount 

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

12 the Secure Embassy Construction and Counterterrorism 

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

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

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

16 629 of the Departments of Commerce, Justice, and State, 

17 the Judiciary, and Related Agencies Appropriations Act, 

18 2005. 

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

20 a project to construct a diplomatic facility of the United 

21 States may include office space or other accommodations 

22 for members of the United States Marine Corps. 

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

24 2013 costs of providing new United States diplomatic fa25 cilities in accordance with section 604(e) of the Secure 
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1 Embassy Construction and Counterterrorism Act of 1999 

2 (22 U.S.C. 4865 note), the Secretary of State, in consulta3 tion with the Director of the Office of Management and 

4 Budget, shall determine the annual program level and 

5 agency shares in a manner that is proportional to the De6 partment of State’s contribution for this purpose. 

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

8 Act making appropriations for the Department of State, 

9 foreign operations, and related programs, which may be 

10 made available for the acquisition of property for overseas 

11 diplomatic facilities, shall be subject to prior consultation 

12 with, and the regular notification procedures of, the Com13 mittees on Appropriations. 

14 (e) Funds appropriated under titles I and II of this 

15 Act that are available for the construction or renovation 

16 of facilities in Afghanistan and Iraq may not be made 

17 available if the purpose is to accommodate staff in addi18 tion to those in place or to increase the capacity of aviation 

19 assets above those existing, on the date of enactment of 

20 this Act: Provided, That none of the funds appropriated 

21 by this Act or prior acts making appropriations for the 

22 Department of State, foreign operations, and related pro23 grams may be made available for construction, rehabilita24 tion, or other improvements to facilities in Iraq on prop-
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1 erty for which no land-use agreement has been entered 

2 into by the Governments of the United States and Iraq. 

3 (f) Not later than 90 days after enactment of this 

4 Act, and every 90 days thereafter until September 30, 

5 2014, the Secretary of State shall provide to the Commit6 tees on Appropriations an updated staffing plan for each 

7 Department of State facility in Afghanistan, a justifica8 tion for the continuation of each on-going or planned con9 struction project in Afghanistan, including the revised 

10 number of staff planned for each facility, and modifica11 tions to such construction projects to reflect planned re12 ductions in staff. 

13 (g) Not later than 90 days after enactment of this 

14 Act, and every 90 days thereafter until September 30, 

15 2013, the Secretary of State shall provide to the Commit16 tees on Appropriations an updated plan for all Depart17 ment of State construction projects in Iraq, a justification 

18 for the continuation of each such project in light of 

19 changes in the scope of United States activities in Iraq 

20 and related reductions in staff, updated cost estimates for 

21 each project and resulting savings, and the proposed use 

22 of such savings. 

23 (h) Not later than 180 days after enactment of this 

24 Act, the Secretary of State shall establish policies, stand25 ards, and procedures for the construction and operation 
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1 of temporary and permanent diplomatic facilities in envi2 ronments in which the Department of State does not tra3 ditionally operate or to accommodate temporary surges in 

4 personnel and programs: Provided, That such guidelines 

5 shall consider cost-effectiveness, including a cost compari6 son of temporary versus permanent construction for the 

7 projected period the facility will be required, flexible secu8 rity requirements, and collocation with other United 

9 States Government agencies, as appropriate: Provided fur10 ther, That the Secretary of State shall consult with the 

11 heads of the United States missions in Afghanistan and 

12 Iraq, and other Federal agencies, in developing such poli13 cies, standards, and procedures. 

14 PERSONNEL ACTIONS

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

16 agency funded under title I of this Act resulting from per17 sonnel actions taken in response to funding reductions in18 cluded in this Act shall be absorbed within the total budg19 etary resources available under title I to such department 

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

21 between appropriations accounts as may be necessary to 

22 carry out this section is provided in addition to authorities 

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

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

25 reprogramming of funds under section 7015 of this Act 
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1 and shall not be available for obligation or expenditure ex2 cept in compliance with the procedures set forth in that 

3 section. 

4 LOCAL GUARD CONTRACTS

5 SEC. 7006. In evaluating proposals for local guard 

6 contracts, the Secretary of State shall award contracts in 

7 accordance with section 136 of the Foreign Relations Au8 thorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 

9 4864), except that the Secretary may grant authorization 

10 to award such contracts on the basis of best value as de11 termined by a cost-technical tradeoff analysis (as de12 scribed in Federal Acquisition Regulation part 15.101) in 

13 Iraq, Afghanistan, Pakistan, and other hostile or high-risk 

14 areas notwithstanding subsection (c)(3) of such section: 

15 Provided, That the authority in this section shall apply 

16 to any options for renewal that may be exercised under 

17 such contracts that are awarded during the current fiscal 

18 year: Provided further, That prior to issuing a solicitation 

19 for a contract to be awarded pursuant to the authority 

20 under this section, the Secretary of State shall consult 

21 with the Committees on Appropriations and other relevant 

22 congressional committees. 
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1 PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN

2 COUNTRIES

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

5 this Act shall be obligated or expended to finance directly 

6 any assistance or reparations for the Governments of 

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

8 purposes of this section, the prohibition on obligations or 

9 expenditures shall include direct loans, credits, insurance 

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

11 COUPS D’E ́TAT

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

14 this Act shall be obligated or expended to finance directly 

15 any assistance to the government of any country whose 

16 duly elected head of government is deposed by military 

17 coup d’e ́tat or decree or, after the date of enactment of 

18 this Act, a coup d’e ́tat or decree in which the military 

19 plays a decisive role: Provided, That assistance may be re20 sumed to such government if the President determines and 

21 certifies to the Committees on Appropriations that subse22 quent to the termination of assistance a democratically 

23 elected government has taken office: Provided further, 

24 That the provisions of this section shall not apply to as25 sistance to promote democratic elections or public partici-
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1 pation in democratic processes: Provided further, That 

2 funds made available pursuant to the previous provisos 

3 shall be subject to the regular notification procedures of 

4 the Committees on Appropriations. 

5 TRANSFER AUTHORITY

6 SEC. 7009. (a) DEPARTMENT OF STATE AND BROAD7 CASTING BOARD OF GOVERNORS.— 

8 (1) Not to exceed 5 percent of any appropria9 tion made available for the current fiscal year for 

10 the Department of State under title I of this Act 

11 may be transferred between such appropriations, but 

12 no such appropriation, except as otherwise specifi13 cally provided, shall be increased by more than 10 

14 percent by any such transfers. 

15 (2) Not to exceed 5 percent of any appropria16 tion made available for the current fiscal year for 

17 the Broadcasting Board of Governors under title I 

18 of this Act may be transferred between such appro19 priations, but no such appropriation, except as oth20 erwise specifically provided, shall be increased by 

21 more than 10 percent by any such transfers. 

22 (3) Any transfer pursuant to this section shall 

23 be treated as a reprogramming of funds under sub24 sections (a) and (b) of section 7015 of this Act and 

25 shall not be available for obligation or expenditure 
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1 except in compliance with the procedures set forth in 

2 that section. 

3 (b) EXPORT FINANCING TRANSFER AUTHORITIES.— 

4 Not to exceed 5 percent of any appropriation other than 

5 for administrative expenses made available for fiscal year 

6 2013, for programs under title VI of this Act may be 

7 transferred between such appropriations for use for any 

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

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

10 appropriation, except as otherwise specifically provided, 

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

12 transfer: Provided, That the exercise of such authority 

13 shall be subject to the regular notification procedures of 

14 the Committees on Appropriations. 

15 (c) LIMITATION ON TRANSFERS BETWEEN AGEN16 CIES.— 

17 (1) None of the funds made available under ti18 tles II through V of this Act may be transferred to 

19 any department, agency, or instrumentality of the 

20 United States Government, except pursuant to a 

21 transfer made by, or transfer authority provided in, 

22 this Act or any other appropriations Act. 

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

24 to transfers made by, or authorized elsewhere in, 

25 this Act, funds appropriated by this Act to carry out 
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1 the purposes of the Foreign Assistance Act of 1961 

2 and the Arms Export Control Act may be allocated 

3 or transferred to agencies of the United States Gov4 ernment pursuant to the provisions of sections 109, 

5 610, and 632 of the Foreign Assistance Act of 1961. 

6 (3) Any agreement entered into by USAID or 

7 the Department of State with any department, agen8 cy, or instrumentality of the United States Govern9 ment pursuant to section 632(b) of the Foreign As10 sistance Act of 1961 valued in excess of $1,000,000 

11 and any agreement made pursuant to section 632(a) 

12 of such Act, with funds appropriated by this Act and 

13 prior Acts making appropriations for the Depart14 ment of State, foreign operations, and related pro15 grams under the headings ‘‘Global Health Pro16 grams’’, ‘‘Development Assistance’’, and ‘‘Economic 

17 Support Fund’’ shall be subject to the regular notifi18 cation procedures of the Committees on Appropria19 tions: Provided, That the requirement in the pre20 vious sentence shall not apply to agreements entered 

21 into between USAID and the Department of State. 

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

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

24 may be obligated under an appropriation account to which 

25 they were not appropriated, except for transfers specifi-
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1 cally provided for in this Act, unless the President, not 

2 less than 5 days prior to the exercise of any authority con3 tained in the Foreign Assistance Act of 1961 to transfer 

4 funds, consults with and provides a written policy jus5 tification to the Committees on Appropriations. 

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

7 agreement for the transfer or allocation of funds appro8 priated by this Act, or prior Acts, entered into between 

9 the Department of State or USAID and another agency 

10 of the United States Government under the authority of 

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

12 any comparable provision of law, shall expressly provide 

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

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

15 with audit responsibility if the receiving agency does not 

16 have an IG, shall perform periodic program and financial 

17 audits of the use of such funds: Provided, That such au18 dits shall be transmitted to the Committees on Appropria19 tions: Provided further, That funds transferred under such 

20 authority may be made available for the cost of such au21 dits. 

22 REPORTING REQUIREMENT

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

24 Committees on Appropriations, not later than April 1, 

25 2013, and for each fiscal quarter, a report in writing on 
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1 the uses of funds made available under the headings ‘‘For2 eign Military Financing Program’’, ‘‘International Mili3 tary Education and Training’’, ‘‘Peacekeeping Oper4 ations’’, and ‘‘Pakistan Counterinsurgency Capability 

5 Fund’’: Provided, That such report shall include a descrip6 tion of the obligation and expenditure of funds, and the 

7 specific country in receipt of, and the use or purpose of, 

8 the assistance provided by such funds. 

9 AVAILABILITY OF FUNDS

10 SEC. 7011. No part of any appropriation contained 

11 in this Act shall remain available for obligation after the 

12 expiration of the current fiscal year unless expressly so 

13 provided in this Act: Provided, That funds appropriated 

14 for the purposes of chapters 1 and 8 of part I, section 

15 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign 

16 Assistance Act of 1961, section 23 of the Arms Export 

17 Control Act, and funds provided under the headings ‘‘Mid18 dle East and North Africa Incentive Fund’’ and ‘‘Develop19 ment Credit Authority’’, shall remain available for an ad20 ditional 4 years from the date on which the availability 

21 of such funds would otherwise have expired, if such funds 

22 are initially obligated before the expiration of their respec23 tive periods of availability contained in this Act: Provided 

24 further, That notwithstanding any other provision of this 

25 Act, any funds made available for the purposes of chapter 
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1 1 of part I and chapter 4 of part II of the Foreign Assist2 ance Act of 1961 which are allocated or obligated for cash 

3 disbursements in order to address balance of payments or 

4 economic policy reform objectives, shall remain available 

5 for an additional 4 years from the date on which the avail6 ability of such funds would otherwise have expired, if such 

7 funds are initially allocated or obligated before the expira8 tion of their respective periods of availability contained in 

9 this Act: Provided further, That the Secretary of State 

10 shall provide a report to the Committees on Appropria11 tions at the beginning of each fiscal year, detailing by ac12 count and source year, the use of this authority during 

13 the previous fiscal year. 

14 LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT

15 SEC. 7012. No part of any appropriation provided 

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

17 furnish assistance to the government of any country which 

18 is in default during a period in excess of 1 calendar year 

19 in payment to the United States of principal or interest 

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

21 the United States pursuant to a program for which funds 

22 are appropriated under this Act unless the President de23 termines, following consultations with the Committees on 

24 Appropriations, that assistance for such country is in the 

25 national interest of the United States. 
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1 PROHIBITION ON TAXATION OF UNITED STATES

2 ASSISTANCE

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

4 of the funds appropriated under titles III through VI of 

5 this Act may be made available to provide assistance for 

6 a foreign country under a new bilateral agreement gov7 erning the terms and conditions under which such assist8 ance is to be provided unless such agreement includes a 

9 provision stating that assistance provided by the United 

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

11 the foreign government, and the Secretary of State shall 

12 expeditiously seek to negotiate amendments to existing bi13 lateral agreements, as necessary, to conform with this re14 quirement. 

15 (b) REIMBURSEMENT OF FOREIGN TAXES.—An 

16 amount equivalent to 200 percent of the total taxes as17 sessed during fiscal year 2013 on funds appropriated by 

18 this Act by a foreign government or entity against com19 modities financed under United States assistance pro20 grams for which funds are appropriated by this Act, either 

21 directly or through grantees, contractors, and subcontrac22 tors shall be withheld from obligation from funds appro23 priated for assistance for fiscal year 2014 and allocated 

24 for the central government of such country and for the 

25 West Bank and Gaza program to the extent that the Sec-
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1 retary of State certifies and reports in writing to the Com2 mittees on Appropriations that such taxes have not been 

3 reimbursed to the Government of the United States. 

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

5 minimis nature shall not be subject to the provisions of 

6 subsection (b). 

7 (d) REPROGRAMMING OF FUNDS.—Funds withheld 

8 from obligation for each country or entity pursuant to sub9 section (b) shall be reprogrammed for assistance to coun10 tries which do not assess taxes on United States assistance 

11 or which have an effective arrangement that is providing 

12 substantial reimbursement of such taxes. 

13 (e) DETERMINATIONS.— 

14 (1) The provisions of this section shall not 

15 apply to any country or entity the Secretary of State 

16 determines— 

17 (A) does not assess taxes on United States 

18 assistance or which has an effective arrange19 ment that is providing substantial reimburse20 ment of such taxes; or 

21 (B) the foreign policy interests of the 

22 United States outweigh the purpose of this sec23 tion to ensure that United States assistance is 

24 not subject to taxation. 
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1 (2) The Secretary of State shall consult with 

2 the Committees on Appropriations at least 15 days 

3 prior to exercising the authority of this subsection 

4 with regard to any country or entity. 

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

6 issue rules, regulations, or policy guidance, as appropriate, 

7 to implement the prohibition against the taxation of assist8 ance contained in this section. 

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

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

11 value added taxes and customs duties imposed on 

12 commodities financed with United States assistance 

13 for programs for which funds are appropriated by 

14 this Act; and 

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

16 framework bilateral agreement between the Govern17 ment of the United States and the government of 

18 the country receiving assistance that describes the 

19 privileges and immunities applicable to United 

20 States foreign assistance for such country generally, 

21 or an individual agreement between the Government 

22 of the United States and such government that de23 scribes, among other things, the treatment for tax 

24 purposes that will be accorded the United States as25 sistance provided under that agreement. 
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1 (h) REPORT.—The Secretary of State shall submit a 

2 report to the Committees on Appropriations not later than 

3 90 days after the enactment of this Act detailing steps 

4 taken by the Department of State to comply with the re5 quirements provided in subsections (a) and (f). 

6 RESERVATIONS OF FUNDS

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

8 through VI of this Act which are specifically designated 

9 may be reprogrammed for other programs within the same 

10 account notwithstanding the designation if compliance 

11 with the designation is made impossible by operation of 

12 any provision of this or any other Act: Provided, That any 

13 such reprogramming shall be subject to the regular notifi14 cation procedures of the Committees on Appropriations: 

15 Provided further, That assistance that is reprogrammed 

16 pursuant to this subsection shall be made available under 

17 the same terms and conditions as originally provided. 

18 (b) In addition to the authority contained in sub19 section (a), the original period of availability of funds ap20 propriated by this Act and administered by USAID that 

21 are specifically designated for particular programs or ac22 tivities by this or any other Act shall be extended for an 

23 additional fiscal year if the USAID Administrator deter24 mines and reports promptly to the Committees on Appro25 priations that the termination of assistance to a country 
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1 or a significant change in circumstances makes it unlikely 

2 that such designated funds can be obligated during the 

3 original period of availability: Provided, That such des4 ignated funds that continue to be available for an addi5 tional fiscal year shall be obligated only for the purpose 

6 of such designation. 

7 (c) Ceilings and specifically designated funding levels 

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

9 authorities appropriated or otherwise made available by 

10 any subsequent Act unless such Act specifically so directs: 

11 Provided, That specifically designated funding levels or 

12 minimum funding requirements contained in any other 

13 Act shall not be applicable to funds appropriated by this 

14 Act. 

15 NOTIFICATION REQUIREMENTS

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

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

18 agencies and departments funded by this Act that remain 

19 available for obligation or expenditure in fiscal year 2013, 

20 or provided from any accounts in the Treasury of the 

21 United States derived by the collection of fees or of cur22 rency reflows or other offsetting collections, or made avail23 able by transfer, to the agencies and departments funded 

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

25 through a reprogramming of funds that— 
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1 (1) creates new programs; 

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

3 (3) increases funds or personnel by any means 

4 for any project or activity for which funds have been 

5 denied or restricted; 

6 (4) relocates an office or employees; 

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

8 (6) creates, closes, reorganizes, or renames bu9 reaus, centers, or offices; 

10 (7) reorganizes programs or activities; or 

11 (8) contracts out or privatizes any functions or 

12 activities presently performed by Federal employees; 

13

14 unless the Committees on Appropriations are notified 15 

15 days in advance of such reprogramming of funds: Pro16 vided, That unless previously justified to the Committees 

17 on Appropriations, the requirements of this subsection 

18 shall apply to all obligations of funds appropriated under 

19 title I of this Act for paragraphs (5) and (6) of this sub20 section. 

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

22 Act, or provided under previous appropriations Acts to the 

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

24 remain available for obligation or expenditure in fiscal 

25 year 2013, or provided from any accounts in the Treasury 
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1 of the United States derived by the collection of fees avail2 able to the agency or department funded under title I of 

3 this Act, shall be available for obligation or expenditure 

4 for activities, programs, or projects through a reprogram5 ming of funds in excess of $1,000,000 or 10 percent, 

6 whichever is less, that— 

7 (1) augments existing programs, projects, or ac8 tivities; 

9 (2) reduces by 10 percent funding for any exist10 ing program, project, or activity, or numbers of per11 sonnel by 10 percent as approved by Congress; or 

12 (3) results from any general savings, including 

13 savings from a reduction in personnel, which would 

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

15 projects as approved by Congress; unless the Com16 mittees on Appropriations are notified 15 days in 

17 advance of such reprogramming of funds. 

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

19 through VI and VIII in this Act under the headings 

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

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

22 Development Agency’’, ‘‘International Narcotics Control 

23 and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘De24 mocracy Fund’’, ‘‘Middle East and North Africa Incentive 

25 Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Investment 
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1 Fund’’, ‘‘Operating Expenses’’, ‘‘Office of Inspector Gen2 eral’’, ‘‘Nonproliferation, Anti-terrorism, Demining and 

3 Related Programs’’, ‘‘Millennium Challenge Corporation’’, 

4 ‘‘Foreign Military Financing Program’’, ‘‘International 

5 Military Education and Training’’, ‘‘Pakistan Counter6 insurgency Capability Fund’’, and ‘‘Peace Corps’’, shall 

7 be available for obligation for activities, programs, 

8 projects, type of materiel assistance, countries, or other 

9 operations not justified or in excess of the amount justi10 fied to the Committees on Appropriations for obligation 

11 under any of these specific headings unless the Commit12 tees on Appropriations are notified 15 days in advance: 

13 Provided, That the President shall not enter into any com14 mitment of funds appropriated for the purposes of section 

15 23 of the Arms Export Control Act for the provision of 

16 major defense equipment, other than conventional ammu17 nition, or other major defense items defined to be aircraft, 

18 ships, missiles, or combat vehicles, not previously justified 

19 to Congress or 20 percent in excess of the quantities justi20 fied to Congress unless the Committees on Appropriations 

21 are notified 15 days in advance of such commitment: Pro22 vided further, That requirements of this subsection or any 

23 similar provision of any other Act shall not apply to any 

24 reprogramming for an activity, program, or project for 

25 which funds are appropriated under titles II through VI 
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1 and VIII of this Act of less than 10 percent of the amount 

2 previously justified to the Congress for obligation for such 

3 activity, program, or project for the current fiscal year. 

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

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

6 funds appropriated under title I of this Act, funds trans7 ferred by the Department of Defense to the Department 

8 of State and USAID for assistance for foreign countries 

9 and international organizations, and funds made available 

10 for programs authorized by section 1206 of the National 

11 Defense Authorization Act for Fiscal Year 2006 (Public 

12 Law 109–163), shall be subject to the regular notification 

13 procedures of the Committees on Appropriations. 

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

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

16 Act requiring notification in accordance with the regular 

17 notification procedures of the Committees on Appropria18 tions, may be waived if failure to do so would pose a sub19 stantial risk to human health or welfare: Provided, That 

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

21 on Appropriations shall be provided as early as prac22 ticable, but in no event later than 3 days after taking the 

23 action to which such notification requirement was applica24 ble, in the context of the circumstances necessitating such 

25 waiver: Provided further, That any notification provided 
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1 pursuant to such a waiver shall contain an explanation 

2 of the emergency circumstances. 

3 (f) None of the funds appropriated under titles III, 

4 IV, and VIII of this Act shall be obligated or expended 

5 for assistance for Afghanistan, Bahrain, Bangladesh, 

6 Burma, Cambodia, Colombia, Cuba, Egypt, Ethiopia, 

7 Guatemala, Haiti, Honduras, Indonesia, Iran, Iraq, 

8 Kazakhstan, Kenya, Libya, Mexico, Nepal, Pakistan, Phil9 ippines, the Russian Federation, Serbia, Somalia, Sri 

10 Lanka, South Sudan, Sudan, Syria, Uzbekistan, Yemen, 

11 or Zimbabwe except as provided through the regular noti12 fication procedures of the Committees on Appropriations. 

13 NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

14 SEC. 7016. Prior to providing excess Department of 

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

16 Foreign Assistance Act of 1961, the Department of De17 fense shall notify the Committees on Appropriations to the 

18 same extent and under the same conditions as other com19 mittees pursuant to subsection (f) of that section: Pro20 vided, That before issuing a letter of offer to sell excess 

21 defense articles under the Arms Export Control Act, the 

22 Department of Defense shall notify the Committees on 

23 Appropriations in accordance with the regular notification 

24 procedures of such Committees if such defense articles are 

25 significant military equipment (as defined in section 47(9) 
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1 of the Arms Export Control Act) or are valued (in terms 

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

3 notification is required elsewhere in this Act for the use 

4 of appropriated funds for specific countries that would re5 ceive such excess defense articles: Provided further, That 

6 such Committees shall also be informed of the original ac7 quisition cost of such defense articles. 

8 LIMITATION ON AVAILABILITY OF FUNDS FOR

9 INTERNATIONAL ORGANIZATIONS AND PROGRAMS

10 SEC. 7017. Subject to the regular notification proce11 dures of the Committees on Appropriations, funds appro12 priated under titles III through VI of this Act and prior 

13 Acts making appropriations for the Department of State, 

14 foreign operations, and related programs, which are re15 turned or not made available for organizations and pro16 grams because of the implementation of section 307(a) of 

17 the Foreign Assistance Act of 1961 or section 7049(a) of 

18 this Act, shall remain available for obligation until Sep19 tember 30, 2014. 

20 PROHIBITION ON FUNDING FOR ABORTIONS AND

21 INVOLUNTARY STERILIZATION

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

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

24 amended, may be used to pay for the performance of abor25 tions as a method of family planning or to motivate or 
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1 coerce any person to practice abortions. None of the funds 

2 made available to carry out part I of the Foreign Assist3 ance Act of 1961, as amended, may be used to pay for 

4 the performance of involuntary sterilization as a method 

5 of family planning or to coerce or provide any financial 

6 incentive to any person to undergo sterilizations. None of 

7 the funds made available to carry out part I of the Foreign 

8 Assistance Act of 1961, as amended, may be used to pay 

9 for any biomedical research which relates in whole or in 

10 part, to methods of, or the performance of, abortions or 

11 involuntary sterilization as a means of family planning. 

12 None of the funds made available to carry out part I of 

13 the Foreign Assistance Act of 1961, as amended, may be 

14 obligated or expended for any country or organization if 

15 the President certifies that the use of these funds by any 

16 such country or organization would violate any of the 

17 above provisions related to abortions and involuntary steri18 lizations. 

19 ALLOCATIONS

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

21 made available for programs and countries in the amounts 

22 contained in the respective tables included in the report 

23 accompanying this Act. 

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

25 only with respect to the tables included in the report ac-
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1 companying this Act, the Secretary of State, the USAID 

2 Administrator and the Broadcasting Board of Governors, 

3 as appropriate, may propose deviations to the amounts 

4 referenced in subsection (a), subject to the regular notifi5 cation procedures of the Committees on Appropriations. 

6 LIMITATIONS ON REPRESENTATION AND

7 ENTERTAINMENT EXPENSES

8 SEC. 7020. (a) Each Federal department, agency, or 

9 entity funded in titles I and II of this Act, and the Depart10 ment of Treasury and independent agencies funded in ti11 tles III and VI of this Act, shall take steps to ensure that 

12 all expenses for domestic and overseas representation and 

13 entertainment are only for meals and events of a protocol 

14 nature that are not incident to a conference, meeting, or 

15 other business of such department, agency, or entity: Pro16 vided, That such meals and events shall not be for em17 ployee-only events (such as retirement and holiday par18 ties), and shall be primarily for fostering relations outside 

19 of the executive branch: Provided further, That entertain20 ment expenses may not include activities that are substan21 tially of a recreational character, including but not limited 

22 to entrance fees at sporting events, theatrical and musical 

23 productions, and amusement parks: Provided further, That 

24 each such department, agency, and entity shall provide to 

25 the Committees on Appropriations not later than 90 days 
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1 after enactment of this Act its policy on the use of rep2 resentation and entertainment funds. 

3 (b) None of the funds appropriated or otherwise 

4 made available by this Act under the headings ‘‘Inter5 national Military Education and Training’’ or ‘‘Foreign 

6 Military Financing Program’’ for Informational Program 

7 activities or under the headings ‘‘Global Health Pro8 grams’’, ‘‘Development Assistance’’, and ‘‘Economic Sup9 port Fund’’ may be obligated or expended to pay for— 

10 (1) alcoholic beverages; or 

11 (2) entertainment expenses for activities that 

12 are substantially of a recreational character, includ13 ing but not limited to entrance fees at sporting 

14 events, theatrical and musical productions, and 

15 amusement parks. 

16 PROHIBITION ON ASSISTANCE TO GOVERNMENTS

17 SUPPORTING INTERNATIONAL TERRORISM

18 SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX19 PORTS.— 

20 (1) None of the funds appropriated or otherwise 

21 made available by titles III through VI of this Act 

22 may be available to any foreign government which 

23 provides lethal military equipment to a country the 

24 government of which the Secretary of State has de25 termined supports international terrorism for pur-
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1 poses of section 6(j) of the Export Administration 

2 Act of 1979: Provided, That the prohibition under 

3 this section with respect to a foreign government 

4 shall terminate 12 months after that government 

5 ceases to provide such military equipment: Provided 

6 further, That this section applies with respect to le7 thal military equipment provided under a contract 

8 entered into after October 1, 1997. 

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

10 any other similar provision of law, may be furnished 

11 if the President determines that to do so is impor12 tant to the national interests of the United States. 

13 (3) Whenever the President makes a determina14 tion pursuant to paragraph (2), the President shall 

15 submit to the Committees on Appropriations a re16 port with respect to the furnishing of such assist17 ance, including a detailed explanation of the assist18 ance to be provided, the estimated dollar amount of 

19 such assistance, and an explanation of how the as20 sistance furthers U.S. national interests. 

21 (b) BILATERAL ASSISTANCE.— 

22 (1) Funds appropriated for bilateral assistance 

23 in titles III through VI of this Act and funds appro24 priated under any such title in prior acts making ap25 propriations for the Department of State, foreign 
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1 operations, and related programs, shall not be made 

2 available to any foreign government which the Presi3 dent determines— 

4 (A) grants sanctuary from prosecution to 

5 any individual or group which has committed 

6 an act of international terrorism; 

7 (B) otherwise supports international ter8 rorism; or 

9 (C) is controlled by an organization des10 ignated as a terrorist organization under sec11 tion 219 of the Immigration and Nationality 

12 Act. 

13 (2) The President may waive the application of 

14 paragraph (1) to a government if the President de15 termines that national security or humanitarian rea16 sons justify such waiver: Provided, That the Presi17 dent shall publish each such waiver in the Federal 

18 Register and, at least 15 days before the waiver 

19 takes effect, shall notify the Committees on Appro20 priations of the waiver (including the justification 

21 for the waiver) in accordance with the regular notifi22 cation procedures of the Committees on Appropria23 tions. 
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1 AUTHORIZATION REQUIREMENTS

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

3 funds appropriated under the heading ‘‘Trade and Devel4 opment Agency’’, may be obligated and expended notwith5 standing section 10 of Public Law 91–672, section 15 of 

6 the State Department Basic Authorities Act of 1956, sec7 tion 313 of the Foreign Relations Authorization Act, Fis8 cal Years 1994 and 1995 (Public Law 103–236), and sec9 tion 504(a)(1) of the National Security Act of 1947 (50 

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

11 DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY

12 SEC. 7023. For the purpose of titles I through VI 

13 of this Act ‘‘program, project, and activity’’ shall be de14 fined at the appropriations Act account level and shall in15 clude all appropriations and authorizations Acts funding 

16 directives, ceilings, and limitations with the exception that 

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

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

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

20 country, regional, and central program level funding with21 in each such account; and for the development assistance 

22 accounts of USAID ‘‘program, project, and activity’’ shall 

23 also be considered to include central, country, regional, 

24 and program level funding, either as— 

25 (1) justified to the Congress; or 
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1 (2) allocated by the executive branch in accord2 ance with a report, to be provided to the Committees 

3 on Appropriations within 30 days of the enactment 

4 of this Act, as required by section 653(a) of the For5 eign Assistance Act of 1961. 

6 AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN

7 FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION

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

9 provisions of this or any other Act, including provisions 

10 contained in prior Acts authorizing or making appropria11 tions for the Department of State, foreign operations, and 

12 related programs, shall not be construed to prohibit activi13 ties authorized by or conducted under the Peace Corps 

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

15 Development Foundation Act: Provided, That prior to con16 ducting activities in a country for which assistance is pro17 hibited, the agency shall consult with the Committees on 

18 Appropriations and report to such Committees within 15 

19 days of taking such action. 

20 COMMERCE, TRADE AND SURPLUS COMMODITIES

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

22 made available pursuant to titles III through VI of this 

23 Act for direct assistance and none of the funds otherwise 

24 made available to the Export-Import Bank and the Over25 seas Private Investment Corporation shall be obligated or 
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1 expended to finance any loan, any assistance or any other 

2 financial commitments for establishing or expanding pro3 duction of any commodity for export by any country other 

4 than the United States, if the commodity is likely to be 

5 in surplus on world markets at the time the resulting pro6 ductive capacity is expected to become operative and if the 

7 assistance will cause substantial injury to United States 

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

9 Provided, That such prohibition shall not apply to the Ex10 port-Import Bank if in the judgment of its Board of Direc11 tors the benefits to industry and employment in the 

12 United States are likely to outweigh the injury to United 

13 States producers of the same, similar, or competing com14 modity, and the Chairman of the Board so notifies the 

15 Committees on Appropriations: Provided further, That this 

16 subsection shall not prohibit— 

17 (1) activities in a country that is eligible for as18 sistance from the International Development Asso19 ciation, is not eligible for assistance from the Inter20 national Bank for Reconstruction and Development, 

21 and does not export on a consistent basis the com22 modity with respect to which assistance is furnished; 

23 or 
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1 (2) activities in a country recovering from wide2 spread conflict, a humanitarian crisis, or a complex 

3 emergency. 

4 (b) None of the funds appropriated by this or any 

5 other Act to carry out chapter 1 of part I of the Foreign 

6 Assistance Act of 1961 shall be available for any testing 

7 or breeding feasibility study, variety improvement or intro8 duction, consultancy, publication, conference, or training 

9 in connection with the growth or production in a foreign 

10 country of an agricultural commodity for export which 

11 would compete with a similar commodity grown or pro12 duced in the United States: Provided, That this subsection 

13 shall not prohibit— 

14 (1) activities designed to increase food security 

15 in developing countries where such activities will not 

16 have a significant impact on the export of agricul17 tural commodities of the United States; 

18 (2) research activities intended primarily to 

19 benefit American producers; 

20 (3) activities in a country that is eligible for as21 sistance from the International Development Asso22 ciation, is not eligible for assistance from the Inter23 national Bank for Reconstruction and Development, 

24 and does not export on a consistent basis the agri-
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1 cultural commodity with respect to which assistance 

2 is furnished; or 

3 (4) activities in a country recovering from wide4 spread conflict, a humanitarian crisis, or a complex 

5 emergency. 

6 (c) The Secretary of the Treasury shall instruct the 

7 United States Executive Directors of the international fi8 nancial institutions, as defined in section 7029(e) of this 

9 Act, to use the voice and vote of the United States to op10 pose any assistance by such institutions, using funds ap11 propriated or made available by this Act, for the produc12 tion or extraction of any commodity or mineral for export, 

13 if it is in surplus on world markets and if the assistance 

14 will cause substantial injury to United States producers 

15 of the same, similar, or competing commodity. 

16 SEPARATE ACCOUNTS

17 SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL

18 CURRENCIES.— 

19 (1) If assistance is furnished to the government 

20 of a foreign country under chapters 1 and 10 of part 

21 I or chapter 4 of part II of the Foreign Assistance 

22 Act of 1961 under agreements which result in the 

23 generation of local currencies of that country, the 

24 USAID Administrator shall— 
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1 (A) require that local currencies be depos2 ited in a separate account established by that 

3 government; 

4 (B) enter into an agreement with that gov5 ernment which sets forth— 

6 (i) the amount of the local currencies 

7 to be generated; and 

8 (ii) the terms and conditions under 

9 which the currencies so deposited may be 

10 utilized, consistent with this section; and 

11 (C) establish by agreement with that gov12 ernment the responsibilities of USAID and that 

13 government to monitor and account for deposits 

14 into and disbursements from the separate ac15 count. 

16 (2) USES OF LOCAL CURRENCIES.—As may be 

17 agreed upon with the foreign government, local cur18 rencies deposited in a separate account pursuant to 

19 subsection (a), or an equivalent amount of local cur20 rencies, shall be used only— 

21 (A) to carry out chapter 1 or 10 of part 

22 I or chapter 4 of part II of the Foreign Assist23 ance Act of 1961 (as the case may be), for such 

24 purposes as— 
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1 (i) project and sector assistance activi2 ties; or 

3 (ii) debt and deficit financing; or 

4 (B) for the administrative requirements of 

5 the United States Government. 

6 (3) PROGRAMMING ACCOUNTABILITY.—USAID 

7 shall take all necessary steps to ensure that the 

8 equivalent of the local currencies disbursed pursuant 

9 to subsection (a)(2)(A) from the separate account 

10 established pursuant to subsection (a)(1) are used 

11 for the purposes agreed upon pursuant to subsection 

12 (a)(2). 

13 (4) TERMINATION OF ASSISTANCE PRO14 GRAMS.—Upon termination of assistance to a coun15 try under chapter 1 or 10 of part I or chapter 4 of 

16 part II of the Foreign Assistance Act of 1961 (as 

17 the case may be), any unencumbered balances of 

18 funds which remain in a separate account estab19 lished pursuant to subsection (a) shall be disposed of 

20 for such purposes as may be agreed to by the gov21 ernment of that country and the United States Gov22 ernment. 

23 (5) REPORTING REQUIREMENT.—The USAID 

24 Administrator shall report on an annual basis as 

25 part of the justification documents submitted to the 
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1 Committees on Appropriations on the use of local 

2 currencies for the administrative requirements of the 

3 United States Government as authorized in sub4 section (a)(2)(B), and such report shall include the 

5 amount of local currency (and United States dollar 

6 equivalent) used and/or to be used for such purpose 

7 in each applicable country. 

8 (b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 

9 (1) If assistance is made available to the gov10 ernment of a foreign country, under chapter 1 or 10 

11 of part I or chapter 4 of part II of the Foreign As12 sistance Act of 1961, as cash transfer assistance or 

13 as nonproject sector assistance, that country shall be 

14 required to maintain such funds in a separate ac15 count and not commingle them with any other 

16 funds. 

17 (2) APPLICABILITY OF OTHER PROVISIONS OF

18 LAW.—Such funds may be obligated and expended 

19 notwithstanding provisions of law which are incon20 sistent with the nature of this assistance including 

21 provisions which are referenced in the Joint Explan22 atory Statement of the Committee of Conference ac23 companying House Joint Resolution 648 (House Re24 port No. 98–1159). 
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1 (3) NOTIFICATION.—At least 15 days prior to 

2 obligating any such cash transfer or nonproject sec3 tor assistance, the President shall submit a notifica4 tion through the regular notification procedures of 

5 the Committees on Appropriations, which shall in6 clude a detailed description of how the funds pro7 posed to be made available will be used, with a dis8 cussion of the United States interests that will be 

9 served by the assistance (including, as appropriate, 

10 a description of the economic policy reforms that will 

11 be promoted by such assistance). 

12 (4) EXEMPTION.—Nonproject sector assistance 

13 funds may be exempt from the requirements of sub14 section (b)(1) only through the regular notification 

15 procedures of the Committees on Appropriations. 

16 ELIGIBILITY FOR ASSISTANCE

17 SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN18 MENTAL ORGANIZATIONS.—Restrictions contained in this 

19 or any other Act with respect to assistance for a country 

20 shall not be construed to restrict assistance in support of 

21 programs of nongovernmental organizations from funds 

22 appropriated by this Act to carry out the provisions of 

23 chapters 1, 10, 11, and 12 of part I and chapter 4 of 

24 part II of the Foreign Assistance Act of 1961, and from 

25 funds appropriated under the heading ‘‘Middle East and 
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1 North Africa Incentive Fund’’: Provided, That before 

2 using the authority of this subsection to furnish assistance 

3 in support of programs of nongovernmental organizations, 

4 the President shall notify the Committees on Appropria5 tions under the regular notification procedures of those 

6 committees, including a description of the program to be 

7 assisted, the assistance to be provided, and the reasons 

8 for furnishing such assistance: Provided further, That 

9 nothing in this subsection shall be construed to alter any 

10 existing statutory prohibitions against abortion or involun11 tary sterilizations contained in this or any other Act. 

12 (b) PUBLIC LAW 480.—During fiscal year 2013, re13 strictions contained in this or any other Act with respect 

14 to assistance for a country shall not be construed to re15 strict assistance under the Food for Peace Act (Public 

16 Law 83–480), as amended: Provided, That none of the 

17 funds appropriated to carry out title I of such Act and 

18 made available pursuant to this subsection may be obli19 gated or expended except as provided through the regular 

20 notification procedures of the Committees on Appropria21 tions. 

22 (c) EXCEPTION.—This section shall not apply— 

23 (1) with respect to section 620A of the Foreign 

24 Assistance Act of 1961 or any comparable provision 
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1 of law prohibiting assistance to countries that sup2 port international terrorism; or 

3 (2) with respect to section 116 of the Foreign 

4 Assistance Act of 1961 or any comparable provision 

5 of law prohibiting assistance to the government of a 

6 country that violates internationally recognized 

7 human rights. 

8 IMPACT ON JOBS IN THE UNITED STATES

9 SEC. 7028. None of the funds appropriated under ti10 tles III through VI of this Act may be obligated or ex11 pended to provide— 

12 (1) any financial incentive to a business enter13 prise currently located in the United States for the 

14 purpose of inducing such an enterprise to relocate 

15 outside the United States if such incentive or in16 ducement is likely to reduce the number of employ17 ees of such business enterprise in the United States 

18 because United States production is being replaced 

19 by such enterprise outside the United States; or 

20 (2) assistance for any program, project, or ac21 tivity that contributes to the violation of internation22 ally recognized workers rights, as defined in section 

23 507(4) of the Trade Act of 1974, of workers in the 

24 recipient country, including any designated zone or 

25 area in that country: Provided, That the application 
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1 of section 507(4) (D) and (E) of such Act should be 

2 commensurate with the level of development of the 

3 recipient country and sector, and shall not preclude 

4 assistance for the informal sector in such country, 

5 micro and small-scale enterprise, and smallholder 

6 agriculture. 

7 INTERNATIONAL FINANCIAL INSTITUTIONS

8 SEC. 7029. (a) None of the funds appropriated under 

9 title V of this Act may be made as payment to any inter10 national financial institution while the United States exec11 utive director to such institution is compensated by the 

12 institution at a rate which, together with whatever com13 pensation such executive director receives from the United 

14 States, is in excess of the rate provided for an individual 

15 occupying a position at level IV of the Executive Schedule 

16 under section 5315 of title 5, United States Code, or while 

17 any alternate United States executive director to such in18 stitution is compensated by the institution at a rate in 

19 excess of the rate provided for an individual occupying a 

20 position at level V of the Executive Schedule under section 

21 5316 of title 5, United States Code. 

22 (b) The Secretary of the Treasury shall instruct the 

23 United States executive director of each international fi24 nancial institution to oppose any loan, grant, strategy or 

25 policy of such institution that would require user fees or 
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1 service charges on poor people for primary education or 

2 primary healthcare, including maternal and child health, 

3 and the prevention, care and treatment of HIV/AIDS, ma4 laria, and tuberculosis in connection with such institu5 tion’s financing programs. 

6 (c) The Secretary of the Treasury shall instruct the 

7 United States Executive Director of the International 

8 Monetary Fund (IMF) to use the voice and vote of the 

9 United States to oppose any loan, project, agreement, 

10 memorandum, instrument, plan, or other program of the 

11 IMF to a Heavily Indebted Poor Country that imposes 

12 budget caps or restraints that do not allow the mainte13 nance of or an increase in governmental spending on 

14 healthcare or education; and to promote government 

15 spending on healthcare, education, agriculture and food 

16 security, or other critical safety net programs in all of the 

17 IMF’s activities with respect to Heavily Indebted Poor 

18 Countries. 

19 (d) Of the funds appropriated by this Act that are 

20 available for a United States contribution to the general 

21 capital increases of the International Bank for Recon22 struction and Development, the African Development 

23 Bank, the Asian Development Bank, and the Inter-Amer24 ican Development Bank, 10 percent of each such contribu25 tion may not be obligated or expended until the Secretary 
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1 of the Treasury reports to the Committees on Appropria2 tions that such institution is implementing best practices 

3 for the protection of whistleblowers from retaliation, in4 cluding best practices for legal burdens of proof, access 

5 to independent adjudicative bodies, results that eliminate 

6 the effects of retaliation, and statutes of limitation for re7 porting retaliation. 

8 (e) For the purposes of this Act ‘‘international finan9 cial institutions’’ shall mean the International Bank for 

10 Reconstruction and Development, the International Devel11 opment Association, the International Finance Corpora12 tion, the Inter-American Development Bank, the Inter13 national Monetary Fund, the Asian Development Bank, 

14 the Asian Development Fund, the Inter-American Invest15 ment Corporation, the North American Development 

16 Bank, the European Bank for Reconstruction and Devel17 opment, the African Development Bank and the African 

18 Development Fund. 

19 DEBT-FOR-DEVELOPMENT

20 SEC. 7030. In order to enhance the continued partici21 pation of nongovernmental organizations in debt-for-devel22 opment and debt-for-nature exchanges, a nongovern23 mental organization which is a grantee or contractor of 

24 USAID may place in interest bearing accounts local cur25 rencies which accrue to that organization as a result of 
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1 economic assistance provided under title III of this Act 

2 and, subject to the regular notification procedures of the 

3 Committees on Appropriations, any interest earned on 

4 such investment shall be used for the purpose for which 

5 the assistance was provided to that organization. 

6 FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY

7 SEC. 7031. (a) LIMITATION ON DIRECT GOVERN8 MENT-TO-GOVERNMENT ASSISTANCE.— 

9 (1) Funds appropriated by this Act may be 

10 made available for direct Government-to-Government 

11 assistance only if— 

12 (A) each implementing agency or ministry 

13 to receive assistance has been assessed and is 

14 considered to have the systems required to 

15 manage such assistance and any identified 

16 vulnerabilities or weaknesses of such agency or 

17 ministry have been addressed; and 

18 (i) the recipient agency or ministry 

19 employs and utilizes staff with the nec20 essary technical, financial, and manage21 ment capabilities; 

22 (ii) the recipient agency or ministry 

23 has adopted competitive procurement poli24 cies and systems; 
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1 (iii) effective monitoring and evalua2 tion systems are in place to ensure that 

3 such assistance is used for its intended 

4 purposes; and 

5 (iv) no level of acceptable fraud is as6 sumed; and 

7 (B) the Government of the United States 

8 and the government of the recipient country 

9 have agreed, in writing, on clear and achievable 

10 objectives for the use of such assistance. 

11 (2) In addition to the requirements in sub12 section (a), no funds may be made available for such 

13 assistance without prior consultation with, and noti14 fication to, the Committees on Appropriations: Pro15 vided, That such notification shall contain an expla16 nation of how the proposed activity meets the re17 quirements of paragraph (1): Provided further, That 

18 the requirements of this paragraph shall only apply 

19 to direct Government-to-Government assistance with 

20 a cumulative value exceeding $50,000,000 and to all 

21 funds available for cash payments to individuals. 

22 (3) The USAID Administrator or the Secretary 

23 of State, as appropriate, shall suspend any such as24 sistance if the Administrator or the Secretary has 

25 credible information of material misuse of such as-
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1 sistance, unless the Administrator or the Secretary 

2 determines and reports to the Committees on Appro3 priations that it is in the national interest of the 

4 United States to continue such assistance. 

5 (4) The Secretary of State shall submit to the 

6 Committees on Appropriations, concurrent with the 

7 fiscal year 2014 congressional budget justification 

8 materials, amounts planned for assistance described 

9 in subsection (a) by country, proposed funding 

10 amount, source of funds, and type of assistance. 

11 (b) NATIONAL BUDGET AND CONTRACT TRANS12 PARENCY.— 

13 (1) MINIMUM STANDARDS OF FISCAL TRANS14 PARENCY.—Not later than 90 days after enactment 

15 of this Act, the Secretary of State shall develop, for 

16 each government receiving assistance appropriated 

17 by this Act, ‘‘minimum standards of fiscal trans18 parency’’ which shall be updated and strengthened, 

19 as appropriate, to reflect best practices. 

20 (2) DEFINITION.—For purposes of paragraph 

21 (1), ‘‘minimum standards of fiscal transparency’’ are 

22 standards developed in accordance with subsection 

23 (a) and shall include standards for the public disclo24 sure of national budget information, including re25 ceipts and expenditures by ministry, and government 
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1 contracts and licenses for natural resource extrac2 tion, to include bidding and concession allocation 

3 practices. 

4 (3) DETERMINATION AND REPORT.—For each 

5 government identified pursuant to paragraph (1), 

6 the Secretary of State, not later than 180 days after 

7 enactment of this Act and annually thereafter, shall 

8 make a determination of ‘‘significant progress’’ or 

9 ‘‘no significant progress’’ in meeting minimum 

10 standards of fiscal transparency, and make such de11 terminations publicly available in an annual ‘‘Fiscal 

12 Transparency Report’’ to be posted on the Depart13 ment of State’s Web site: Provided, That the Sec14 retary shall identify any steps taken by each such 

15 government to publicly disclose national budget in16 formation which are additional to those taken in pre17 vious fiscal years, include specific recommendations 

18 of short- and long-term steps such government can 

19 take to improve budget transparency, and identify 

20 benchmarks for measuring progress. 

21 (4) ASSISTANCE.—Of the funds appropriated 

22 under title III of this Act, not less than $10,000,000 

23 shall be made available for programs and activities 

24 to assist governments identified pursuant to para25 graph (1) to improve budget transparency and to 
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1 support civil society organizations in such countries 

2 that promote budget transparency: Provided, That 

3 such sums shall be in addition to funds otherwise 

4 made available for such purposes. 

5 (c) ANTI-KLEPTOCRACY.— 

6 (1) Officials of foreign governments and their 

7 immediate family members who the Secretary of 

8 State has credible information have been involved in 

9 significant corruption, including corruption related 

10 to the extraction of natural resources, shall be ineli11 gible for entry into the United States. 

12 (2) Individuals shall not be ineligible if entry 

13 into the United States would further important 

14 United States law enforcement objectives or is nec15 essary to permit the United States to fulfill its obli16 gations under the United Nations Headquarters 

17 Agreement: Provided, That nothing in this provision 

18 shall be construed to derogate from United States 

19 Government obligations under applicable inter20 national agreements. 

21 (3) The Secretary may waive the application of 

22 paragraph (1) if the Secretary determines that the 

23 waiver would serve a compelling national interest or 

24 that the circumstances which caused the individual 

25 to be ineligible have changed sufficiently. 
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1 (4) Not later than 90 days after enactment of 

2 this Act and 180 days thereafter, the Secretary of 

3 State shall submit a report, in classified form if nec4 essary, to the Committees on Appropriations describ5 ing the information relating to corruption concerning 

6 each of the individuals found ineligible pursuant to 

7 paragraph (1), or who would be ineligible but for the 

8 application of paragraph (2), a list of any waivers 

9 provided under subsection (3), and the justification 

10 for each waiver. 

11 (d) FOREIGN ASSISTANCE WEB SITE.—Funds appro12 priated by this Act shall be made available to expand in13 formation on United States Government foreign assistance 

14 posted on the foreignassistance.gov Web site: Provided, 

15 That all Federal agencies funded under this Act shall pro16 vide such information on foreign assistance, upon request, 

17 to the Department of State: Provided further, That not 

18 later than 180 days after enactment of this Act, the Sec19 retary of State shall submit a report to the Committees 

20 on Appropriations assessing the cooperation of the heads 

21 of other Federal agencies in providing the Department of 

22 State with foreign assistance information administered by 

23 such agencies, in a standardized format: Provided further, 

24 That the Secretary of State shall seek such foreign assist-
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1 ance information from prior fiscal years, beginning in fis2 cal year 2011. 

3 AUTHORITY TO ENGAGE IN DEBT BUYBACKS OR SALES

4 SEC. 7032. (a) LOANS ELIGIBLE FOR SALE, REDUC5 TION, OR CANCELLATION.— 

6 (1) AUTHORITY TO SELL, REDUCE, OR CANCEL

7 CERTAIN LOANS.—Notwithstanding any other provi8 sion of law, the President may, in accordance with 

9 this section, sell to any eligible purchaser any 

10 concessional loan or portion thereof made before 

11 January 1, 1995, pursuant to the Foreign Assist12 ance Act of 1961, to the government of any eligible 

13 country as defined in section 702(6) of that Act or 

14 on receipt of payment from an eligible purchaser, re15 duce or cancel such loan or portion thereof, only for 

16 the purpose of facilitating— 

17 (A) debt-for-equity swaps, debt-for-develop18 ment swaps, or debt-for-nature swaps; or 

19 (B) a debt buyback by an eligible country 

20 of its own qualified debt, only if the eligible 

21 country uses an additional amount of the local 

22 currency of the eligible country, equal to not 

23 less than 40 percent of the price paid for such 

24 debt by such eligible country, or the difference 

25 between the price paid for such debt and the 
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1 face value of such debt, to support activities 

2 that link conservation and sustainable use of 

3 natural resources with local community develop4 ment, and child survival and other child devel5 opment, in a manner consistent with sections 

6 707 through 710 of the Foreign Assistance Act 

7 of 1961, if the sale, reduction, or cancellation 

8 would not contravene any term or condition of 

9 any prior agreement relating to such loan. 

10 (2) TERMS AND CONDITIONS.—Notwithstanding 

11 any other provision of law, the President shall, in ac12 cordance with this section, establish the terms and 

13 conditions under which loans may be sold, reduced, 

14 or canceled pursuant to this section. 

15 (3) ADMINISTRATION.—The Facility, as defined 

16 in section 702(8) of the Foreign Assistance Act of 

17 1961, shall notify the administrator of the agency 

18 primarily responsible for administering part I of the 

19 Foreign Assistance Act of 1961 of purchasers that 

20 the President has determined to be eligible, and 

21 shall direct such agency to carry out the sale, reduc22 tion, or cancellation of a loan pursuant to this sec23 tion: Provided, That such agency shall make adjust24 ment in its accounts to reflect the sale, reduction, or 

25 cancellation. 
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1 (4) LIMITATION.—The authorities of this sub2 section shall be available only to the extent that ap3 propriations for the cost of the modification, as de4 fined in section 502 of the Congressional Budget Act 

5 of 1974, are made in advance. 

6 (b) DEPOSIT OF PROCEEDS.—The proceeds from the 

7 sale, reduction, or cancellation of any loan sold, reduced, 

8 or canceled pursuant to this section shall be deposited in 

9 the United States Government account or accounts estab10 lished for the repayment of such loan. 

11 (c) ELIGIBLE PURCHASERS.—A loan may be sold 

12 pursuant to subsection (a)(1)(A) only to a purchaser who 

13 presents plans satisfactory to the President for using the 

14 loan for the purpose of engaging in debt-for-equity swaps, 

15 debt-for-development swaps, or debt-for-nature swaps. 

16 (d) DEBTOR CONSULTATIONS.—Before the sale to 

17 any eligible purchaser, or any reduction or cancellation 

18 pursuant to this section, of any loan made to an eligible 

19 country, the President should consult with the country 

20 concerning the amount of loans to be sold, reduced, or 

21 canceled and their uses for debt-for-equity swaps, debt22 for-development swaps, or debt-for-nature swaps. 

23 (e) AVAILABILITY OF FUNDS.—The authority pro24 vided by subsection (a) may be used only with regard to 
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1 funds appropriated by this Act under the heading ‘‘Debt 

2 Restructuring’’. 

3 MULTI-YEAR PLEDGES

4 SEC. 7033. None of the funds appropriated by this 

5 Act may be used to make any pledge for future year fund6 ing for any multilateral or bilateral program funded in ti7 tles III through VI of this Act unless such pledge was— 

8 (1) previously justified, including the projected 

9 future year costs, in a congressional budget justifica10 tion; 

11 (2) included in an Act making appropriations 

12 for the Department of State, foreign operations, and 

13 related programs or previously authorized by an Act 

14 of Congress; 

15 (3) notified in accordance with the regular noti16 fication procedures of the Committees on Appropria17 tions, including the projected future year costs; or 

18 (4) the subject of prior consultation with the 

19 Committees on Appropriations and such consultation 

20 was conducted at least 7 days in advance of the 

21 pledge. 

22 SPECIAL PROVISIONS

23 SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHIL24 DREN, AND DISPLACED BURMESE.—Funds appropriated 

25 in titles III and VI of this Act that are made available 
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1 for victims of war, displaced children, displaced Burmese, 

2 and to combat trafficking in persons and assist victims 

3 of such trafficking, may be made available notwith4 standing any other provision of law. 

5 (b) RECONSTITUTING CIVILIAN POLICE AUTHOR6 ITY.—In providing assistance with funds appropriated by 

7 this Act under section 660(b)(6) of the Foreign Assistance 

8 Act of 1961, support for a nation emerging from insta9 bility may be deemed to mean support for regional, dis10 trict, municipal, or other sub-national entity emerging 

11 from instability, as well as a nation emerging from insta12 bility. 

13 (c) WORLD FOOD PROGRAM.—Funds managed by 

14 the Bureau for Democracy, Conflict, and Humanitarian 

15 Assistance, USAID, from this or any other Act, shall be 

16 made available as a general contribution to the World 

17 Food Program, notwithstanding any other provision of 

18 law. 

19 (d) DISARMAMENT, DEMOBILIZATION AND RE20 INTEGRATION.—Notwithstanding any other provision of 

21 law, regulation or Executive order, funds appropriated by 

22 this Act and prior Acts making appropriations for the De23 partment of State, foreign operations, and related pro24 grams under the headings ‘‘Economic Support Fund’’, 

25 ‘‘Middle East and North Africa Incentive Fund’’, ‘‘Peace-
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1 keeping Operations’’, ‘‘International Disaster Assistance’’, 

2 and ‘‘Transition Initiatives’’ may be made available to 

3 support programs to disarm, demobilize, and reintegrate 

4 into civilian society former members of foreign terrorist 

5 organizations: Provided, That the Secretary of State shall 

6 consult with the Committees on Appropriations prior to 

7 the obligation of funds pursuant to this subsection: Pro8 vided further, That for the purposes of this subsection the 

9 term ‘‘foreign terrorist organization’’ means an organiza10 tion designated as a terrorist organization under section 

11 219 of the Immigration and Nationality Act. 

12 (e) CONTINGENCIES.—During fiscal year 2013, the 

13 President may use up to $50,000,000 under the authority 

14 of section 451 of the Foreign Assistance Act of 1961, not15 withstanding any other provision of law. 

16 (f) DEMOCRACY AND HUMAN RIGHTS.— 

17 (1) Funds appropriated by this Act that are 

18 made available for democracy and human rights pro19 grams may be made available notwithstanding any 

20 other provision of law, and with regard to the Na21 tional Endowment for Democracy, any regulation. 

22 (2) For the purposes of funds appropriated by 

23 this Act, the term ‘‘democracy and human rights 

24 programs’’ means programs that support good gov25 ernance, credible and competitive elections, freedom 
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1 of expression, association, assembly, and religion, 

2 human rights, labor rights, independent media, and 

3 the rule of law, and that otherwise strengthen the 

4 capacity of democratic political parties, governments, 

5 nongovernmental organizations and institutions, and 

6 citizens to support the development of democratic 

7 states, and institutions that are responsive and ac8 countable to citizens. 

9 (3) With respect to the provision of assistance 

10 for democracy, human rights and governance activi11 ties in this Act, the organizations implementing such 

12 assistance, the specific nature of that assistance, and 

13 participants in democracy and human rights pro14 grams shall not be subject to the prior approval by 

15 the government of any foreign country. 

16 (4) Funds appropriated under the heading 

17 ‘‘Economic Support Fund’’ shall be made available 

18 to the Bureau of Democracy, Human Rights, and 

19 Labor (DRL), Department of State, for programs to 

20 promote human rights by expanding open and un21 censored access to information and communication 

22 as identified in the Department of State’s Internet 

23 freedom strategy: Provided, That funds made avail24 able by this paragraph should be matched by sources 

25 other than the United States Government, as appro-
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1 priate: Provided further, That the Secretary of State 

2 shall coordinate the development and uses of cir3 cumvention and secure communications technologies 

4 with the USAID Administrator and the Broad5 casting Board of Governors, as appropriate. 

6 (5) Funds appropriated by this Act that are 

7 made available to promote democracy and human 

8 rights shall also be made available to support free9 dom of religion, especially in the Middle East and 

10 North Africa. 

11 (6) Funds made available by this Act for 

12 DRL’s Business and Human Rights program in the 

13 People’s Republic of China shall be made available 

14 on a cost-matching basis from sources other than 

15 the United States Government. 

16 (7) In order to avoid duplication of democracy 

17 and human rights programs, DRL and the Bureau 

18 for Democracy, Conflict, and Humanitarian Assist19 ance, USAID, shall regularly communicate their 

20 planned programs to the National Endowment for 

21 Democracy. 

22 (8) Of the funds appropriated by this Act, not 

23 less than $2,606,000,000 should be made available 

24 for democracy programs, as defined in paragraph 

25 (2). 
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1 (9) Funds appropriated by this Act under the 

2 heading ‘‘Democracy Fund’’ that are made available 

3 to DRL shall be made available to establish and 

4 maintain a database of prisons and gulags in North 

5 Korea, including a list of political prisoners, and 

6 such database shall be regularly updated and made 

7 publicly available on the Internet. 

8 (g) PROTECTIONS AND REMEDIES FOR EMPLOYEES

9 OF DIPLOMATIC MISSIONS AND INTERNATIONAL ORGANI10 ZATIONS.—The Secretary of State shall implement section 

11 203(a)(2) of the William Wilberforce Trafficking Victims 

12 Protection Reauthorization Act of 2008 (Public Law 110– 

13 457): Provided, That in determining whether to suspend 

14 the issuance of A–3 or G–5 visas to applicants seeking 

15 to work for officials of a diplomatic mission or inter16 national organization, the Secretary shall consider wheth17 er a final court judgment has been issued against a cur18 rent or former employee of such mission or organization 

19 (and the time period for a final appeal has expired) or 

20 whether the Department of State has requested that im21 munity of individual diplomats or family members be 

22 waived to permit criminal prosecution: Provided further, 

23 That the Secretary should continue to assist in obtaining 

24 payment of final court judgments awarded to A–3 and G– 

25 5 visa holders, including encouraging the sending states 
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1 to provide compensation directly to victims: Provided fur2 ther, That the Secretary shall include, in a manner the 

3 Secretary deems appropriate, all trafficking cases involv4 ing A–3 or G–5 visa holders in the Trafficking in Persons 

5 annual report for which a final civil judgment has been 

6 issued (and the time period for final appeal has expired) 

7 or the Department of Justice has determined that the 

8 United States Government would seek to indict the dip9 lomat or a family member but for diplomatic immunity. 

10 (h) MODIFICATION OF AMENDMENT.—Section 620M 

11 of the Foreign Assistance Act of 1961 (Limitation on As12 sistance to Security Forces) is amended in subsection 

13 (d)(5) by inserting ‘‘, equipment, or other types of assist14 ance’’ after ‘‘training’’. 

15 (i) EXTENSION OF AUTHORITIES.— 

16 (1) Section 1(b)(2) of the Passport Act of June 

17 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 

18 substituting ‘‘September 30, 2013’’ for ‘‘September 

19 30, 2010’’. 

20 (2) The authority provided by section 301(a)(3) 

21 of the Omnibus Diplomatic Security and 

22 Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) 

23 shall remain in effect through September 30, 2013. 
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1 (3) The authority contained in section 1115(d) 

2 of Public Law 111–32 shall remain in effect through 

3 September 30, 2013. 

4 (4) Section 824(g) of the Foreign Service Act 

5 of 1980 (22 U.S.C. 4064(g)) shall be applied by 

6 substituting ‘‘September 30, 2013’’ for ‘‘October 1, 

7 2010’’ in paragraph (2). 

8 (5) Section 61(a) of the State Department 

9 Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) 

10 shall be applied by substituting ‘‘September 30, 

11 2013’’ for ‘‘October 1, 2010’’ in paragraph (2). 

12 (6) Section 625(j)(1) of the Foreign Assistance 

13 Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied 

14 by substituting ‘‘September 30, 2013’’ for ‘‘October 

15 1, 2010’’ in subparagraph (B). 

16 (7) The authority provided by section 1113 of 

17 Public Law 111–32 shall remain in effect through 

18 September 30, 2013: Provided, That none of the 

19 funds appropriated or otherwise made available by 

20 this Act or any other Act making appropriations for 

21 the Department of State, foreign operations, and re22 lated programs may be used to implement phase 3 

23 of such authority. 
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1 (8) The Foreign Operations, Export Financing, 

2 and Related Programs Appropriations Act, 1990 

3 (Public Law 101–167) is amended— 

4 (A) In section 599D (8 U.S.C. 1157 

5 note)— 

6 (i) in subsection (b)(3), by striking 

7 ‘‘and 2012’’ and inserting ‘‘2012, and 

8 2013’’; and 

9 (ii) in subsection (e), by striking ‘‘Oc10 tober 1, 2012’’ each place it appears and 

11 inserting ‘‘October 1, 2013’’; and 

12 (B) in section 599E (8 U.S.C. 1255 note) 

13 in subsection (b)(2), by striking ‘‘2012’’ and in14 serting ‘‘2013’’. 

15 (9) Chapter 5 of title I of the Emergency War16 time Supplemental Appropriations Act, 2003 (Public 

17 Law 108–11), as amended, is amended in the item 

18 relating to ‘‘Loan Guarantees to Israel’’, before ‘‘: 

19 Provided,’’ by striking ‘‘2011’’ and inserting 

20 ‘‘2015’’, and in the second proviso, by striking 

21 ‘‘2011’’ and inserting ‘‘2015’’. 

22 (10) The fifth proviso under the heading ‘‘Eco23 nomic Support Fund’’ in title III of division I of 

24 Public Law 112–74 is amended by striking 

25 ‘‘$30,000,000’’ through ‘‘division B’’ and inserting 
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1 in lieu thereof ‘‘$60,000,000 of the funds appro2 priated under this heading in titles III and VIII in 

3 this Act and in prior Acts making appropriations for 

4 the Department of State, foreign operations, and re5 lated programs’’. 

6 (11) The authorities provided in section 

7 1015(b) of Public Law 111–212 shall remain in ef8 fect through September 30, 2013. 

9 (j) REPORTS AMENDED.—The following provisions of 

10 law are amended as follows: 

11 (1) Section 258(b) of the Foreign Assistance 

12 Act of 1961 is amended as follows: 

13 (A) by striking paragraph (1) and para14 graphs (6) through (11); and 

15 (B) by redesignating paragraphs (2) 

16 through (5) as paragraphs (1) through (4), re17 spectively. 

18 (2) Section 102(b)(1) of the International Reli19 gious Freedom Act of 1998 (22 U.S.C. 6412(b)(1)) 

20 is amended by striking ‘‘September 1’’ and inserting 

21 ‘‘May 1’’. 

22 (k) GOVERNMENT EXPENDITURES.—Funds appro23 priated under title III and under the heading ‘‘Inter24 national Narcotics Control and Law Enforcement’’ in this 

25 Act shall not be made available for assistance for any gov-
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1 ernment for programs or activities in fiscal year 2013 if 

2 such government has reduced its own expenditures for 

3 such programs or activities as a result of assistance pro4 vided in prior fiscal years and for reasons that are incon5 sistent with the purposes of such assistance. 

6 (l) INTERNATIONAL CHILD ABDUCTIONS.—(1) The 

7 Secretary of State shall withhold funds appropriated by 

8 this Act for assistance for the government of any country 

9 that is not taking appropriate steps to comply with Fed10 eral or State court orders concerning child custody and 

11 visitation or with the Convention on the Civil Aspects of 

12 International Child Abductions, done at the Hague on Oc13 tober 25, 1980: Provided, That the Secretary shall report 

14 to the Committees on Appropriations within 15 days of 

15 withholding funds under this paragraph. 

16 (2) The Secretary of State may waive the require17 ments in paragraph (1) if the Secretary determines and 

18 reports to the Committees on Appropriations that to do 

19 so is in the national interest of the United States. 

20 (m) LIMITATIONS.— 

21 (1)(A) None of the funds appropriated under 

22 the heading ‘‘Economic Support Fund’’ in this Act 

23 may be made available for assistance for the Pales24 tinian Authority if the Palestinians obtain, after the 

25 date of enactment of this Act, the same standing as 
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1 member states or full membership as a state in the 

2 United Nations or any specialized agency thereof 

3 outside an agreement negotiated between Israel and 

4 the Palestinians. 

5 (B) The Secretary of State may waive the re6 striction in paragraph (A) if the Secretary certifies 

7 to the Committees on Appropriations that to do so 

8 is in the national security interests of the United 

9 States, and submits a report to such Committees de10 tailing how the waiver and the continuation of as11 sistance would assist in furthering Middle East 

12 peace. 

13 (2)(A) The President may waive the provisions 

14 of section 1003 of Public Law 100–204 if the Presi15 dent certifies in writing to the Speaker of the House 

16 of Representatives, the President Pro Tempore of 

17 the Senate, and the Committees on Appropriations 

18 that the Palestinians have not, after the date of en19 actment of this Act, obtained in the United Nations 

20 or any specialized agency thereof the same standing 

21 as member states or full membership as a state out22 side an agreement negotiated between Israel and the 

23 Palestinians. 

24 (B) Not less than 90 days after the President 

25 is unable to make the certification pursuant to para-
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1 graph (2)(A), the President may waive section 1003 

2 of Public Law 100–204 if the President determines 

3 and certifies in writing to the Speaker of the House 

4 of Representatives, the President Pro Tempore of 

5 the Senate, and the Committees on Appropriations 

6 that the Palestinians have entered into direct and 

7 meaningful negotiations with Israel: Provided, That 

8 any waiver of the provisions of section 1003 of Pub9 lic Law 100–204 under paragraph (2) or under pre10 vious provisions of law must expire before the waiver 

11 under the preceding sentence may be exercised. 

12 (3) Any waiver pursuant to paragraphs (1) and 

13 (2) shall be effective for no more than a period of 

14 6 months at a time and shall not apply beyond 12 

15 months after enactment of this Act. 

16 (4) Not later than 45 days after enactment of 

17 this Act, the Secretary of State shall submit a report 

18 to the Committees on Appropriations detailing the 

19 impact and potential impact of section 414 of Public 

20 Law 101–246 and section 410 of Public Law 103– 

21 236 on the national interests of the United States: 

22 Provided, That such report shall also include infor23 mation on the amount of United States assistance 

24 prohibited from obligation and disbursement to 
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1 United Nations agencies as a result of such provi2 sions of law. 

3 (n) ENTERPRISE FUNDS.—Funds appropriated by 

4 this Act may be made available to finance enterprise funds 

5 for Pakistan and countries in the Middle East and North 

6 Africa: Provided, That section 201 of the Support for East 

7 European Democracy (SEED) Act of 1989, excluding sub8 sections (b), (c), and (f), shall be deemed to apply to any 

9 such fund or funds, and to funds made available to such 

10 fund or funds, in order to enable such fund or funds to 

11 provide assistance for purposes of this subsection: Pro12 vided further, That section 7077 of division F of Public 

13 Law 111–117 shall apply to any such fund or funds estab14 lished pursuant to this subsection: Provided further, That 

15 not more than 10 percent of the funds made available pur16 suant to this subsection should be available for adminis17 trative expenses annually of such fund or funds and not 

18 later than 1 year after the date of enactment of this Act, 

19 and annually thereafter until each fund is dissolved, each 

20 fund shall submit to the Committees on Appropriations 

21 a report detailing the administrative expenses of such 

22 fund: Provided further, That each fund shall be governed 

23 by a Board of Directors comprised of a maximum of nine 

24 and a minimum of six members, of whom not less than 

25 two-thirds shall be United States citizens, who have had 
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1 international business careers and demonstrated expertise 

2 in international and emerging markets investment activi3 ties: Provided further, That not later than 1 year after 

4 the entry into force of the initial grant agreement under 

5 this section and annually thereafter, each fund shall pre6 pare and make publicly available on a Web site adminis7 tered by the fund a detailed report on the fund’s activities 

8 during the previous year: Provided further, That the au9 thority of any such fund or funds to provide assistance 

10 shall cease to be effective on December 31, 2023: Provided 

11 further, That funds made available pursuant to this sec12 tion shall be subject to prior consultation with the Com13 mittees on Appropriations. 

14 (o) EXTENSION OF REWARDS.—Section 36 of the 

15 State Department Basic Authorities Act of 1956 (22 

16 U.S.C. 2708) is amended— 

17 (1) in subsection (a)(2), by inserting ‘‘serious 

18 violations of international humanitarian law,’’ after 

19 ‘‘international narcotics trafficking,’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(8) the arrest or conviction in any country, or 

23 the transfer to or conviction by an international 

24 criminal tribunal (including a hybrid or mixed tri25 bunal), of any foreign national accused of war 
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1 crimes, crimes against humanity, or genocide, as de2 fined under the statute of such tribunal.’’. 

3 (p) EFFECTIVENESS OF HUMANITARIAN ASSIST4 ANCE.—Funds appropriated under the headings ‘‘Inter5 national Disaster Assistance’’, ‘‘Complex Crises Fund’’, 

6 and ‘‘Migration and Refugee Assistance’’ shall be made 

7 available for the independent and systematic collection and 

8 reporting of information obtained directly from bene9 ficiaries of assistance funded under such headings, regard10 ing the quality and utility of such assistance, for the pur11 pose of maximizing the effectiveness of such assistance: 

12 Provided, That not later than September 30, 2013, the 

13 USAID Administrator and the Secretary of State, as ap14 propriate, shall submit a summary of such information to 

15 the Committees on Appropriations. 

16 (q) INTERNATIONAL COOPERATIVE ADMINISTRATIVE

17 SUPPORT SERVICES.—The Secretary of State shall de18 velop a process by which any agency participating in the 

19 International Cooperative Administrative Support Services 

20 (ICASS) program provide a cost analysis and justification 

21 for the agency’s decision to opt out, in whole or in part, 

22 of ICASS services: Provided, That such process shall be 

23 developed in close coordination with the ICASS Service 

24 Center and participating agencies to ensure that the proc25 ess is not overly burdensome: Provided further, That the 
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1 Secretary of State shall conduct a review of the ICASS 

2 services provided by the Department of State to identify 

3 options for cost savings and program efficiencies, includ4 ing reevaluating the number of American officials overseas 

5 needed to provide the ICASS services and whether the cre6 ation of new non-State ICASS providers (including 

7 USAID) will improve cost effectiveness at individual posts: 

8 Provided further, That the Secretary shall submit a report 

9 to the Committees on Appropriations not later than 90 

10 days after enactment of this Act, detailing the steps taken 

11 to implement this subsection. 

12 (r) SECURITY SECTOR REFORM.—Funds appro13 priated by this Act for security sector reform shall be im14 plemented in a manner consistent with the roles and re15 sponsibilities and guiding principles of the February 2009 

16 ‘‘Security Sector Reform’’ paper prepared jointly by 

17 USAID, the Department of Defense, and the Department 

18 of State. 

19 (s) WAIVER.—The Secretary of State may waive on 

20 a country-by-country basis funding ceilings contained in 

21 titles I and II of this Act for operations in Afghanistan, 

22 Pakistan, and Iraq in order to address extraordinary, un23 anticipated contingencies, if the Secretary reports to the 

24 Committees on Appropriations that it is important to the 

25 national interest of the United States and that failure to 
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1 do so would pose a substantial risk to human health and 

2 welfare: Provided, That such waiver shall identify the con3 tingency that is being addressed, and include a justifica4 tion of how such waiver serves the national interest. 

5 (t) PRIZE AUTHORITY.—Funds appropriated by this 

6 Act that are available for prizes in accordance with section 

7 24 of the Stevenson-Wydler Technology Innovation Act of 

8 1980 may be made available for prizes of not more than 

9 $100,000 and may be for foreign citizens and foreign pri10 vate entities notwithstanding section 24(g)(3) of such Act. 

11 (u) SCIENCE AND TECHNOLOGY.—Of the amounts 

12 made available by this Act or any other Act under the 

13 heading ‘‘Diplomatic and Consular Programs’’, up to 

14 $1,000,000 may be made available for grants pursuant to 

15 section 504 of Public Law 95–426 (22 U.S.C. 2656d), in16 cluding to facilitate collaboration with indigenous commu17 nities. 

18 (v) ENERGY AUDITS AND SAVINGS.—The Depart19 ment of State, USAID, Peace Corps, the Broadcasting 

20 Board of Governors, and other agencies funded by this 

21 Act shall, in fiscal year 2013, conduct updated environ22 mental assessments and water and energy audits of their 

23 overseas post operations, including staff housing, to assess 

24 consistency with Federal energy efficiency standards and 

25 environmental practices, and shall implement the rec-
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1 ommendations of such assessments and audits to correct 

2 any shortfalls in meeting the targets for Federal building 

3 energy efficiency and environmental sustainability man4 dated by the Energy Independence and Security Act, 

5 2007, and Executive Order 13514. 

6 (w) OFFICE OF GLOBAL WOMEN’S ISSUES.—The 

7 Secretary of State shall establish an Office of Global 

8 Women’s Issues, headed by a Coordinator for Global 

9 Women’s Issues who shall be designated by the Secretary 

10 of State, who may also be appointed as an Ambassador11 at-Large, and who shall, to the extent the Secretary may 

12 direct, provide policy direction and oversight over assist13 ance programs for women and girls including all programs 

14 and activities funded pursuant to section 7059(d) of this 

15 Act, in consultation, as appropriate, with USAID’s Senior 

16 Coordinator for Gender Equality and Women’s Empower17 ment. 

18 (x) LIMITATION ON FUNDING.—None of the funds 

19 appropriated or otherwise made available by this Act may 

20 be obligated or expended to advocate or agree to any provi21 sion of a United Nations Arms Trade Treaty that would 

22 restrict in any way the rights of United States citizens 

23 under the second amendment to the Constitution of the 

24 United States, or that would otherwise regulate the do25 mestic manufacture, assembly, possession, use, transfer, 
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1 or purchase of firearms, ammunition, or related items in 

2 the United States. 

3 (y) HOSTILE ACTS TARGETED AGAINST THE UNITED

4 STATES.—Not later than 180 days after enactment of this 

5 Act, the Secretary of State, in consultation with the heads 

6 of other Federal agencies, shall submit a report to the 

7 Committees on Appropriations detailing existing authori8 ties and programs for compensation provided to civilian 

9 employees under Chief of Mission authority (including for10 eign service, civil service, and locally employed staff) who 

11 are killed during the performance of their official duties 

12 overseas in a hostile act targeted against the United 

13 States: Provided, That such report should include a de14 scription of the number of such employees killed in such 

15 acts since 1979, and the compensation provided and the 

16 authority used to provide such compensation: Provided 

17 further, That such report shall include a determination of 

18 the extent to which additional compensation to such em19 ployees is warranted commensurate with compensation 

20 provided to other Federal employees, including members 

21 of the Armed Forces, killed during the performance of 

22 their official duties overseas in such acts: Provided further, 

23 That in preparing such report, the Secretary shall consult 

24 with the Committees on Appropriations and representa25 tives of victims of terrorist attacks, and shall consider pre-
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1 vious United States Government programs and authorities 

2 to compensate victims of terrorist attacks. 

3 ARAB LEAGUE BOYCOTT OF ISRAEL

4 SEC. 7035. It is the sense of the Congress that— 

5 (1) the Arab League boycott of Israel, and the 

6 secondary boycott of American firms that have com7 mercial ties with Israel, is an impediment to peace 

8 in the region and to United States investment and 

9 trade in the Middle East and North Africa; 

10 (2) the Arab League boycott, which was regret11 tably reinstated in 1997, should be immediately and 

12 publicly terminated, and the Central Office for the 

13 Boycott of Israel immediately disbanded; 

14 (3) all Arab League states should normalize re15 lations with their neighbor Israel; 

16 (4) the President and the Secretary of State 

17 should continue to vigorously oppose the Arab 

18 League boycott of Israel and find concrete steps to 

19 demonstrate that opposition by, for example, taking 

20 into consideration the participation of any recipient 

21 country in the boycott when determining to sell 

22 weapons to said country; and 

23 (5) the President should report to Congress an24 nually on specific steps being taken by the United 

25 States to encourage Arab League states to normalize 
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1 their relations with Israel to bring about the termi2 nation of the Arab League boycott of Israel, includ3 ing those to encourage allies and trading partners of 

4 the United States to enact laws prohibiting busi5 nesses from complying with the boycott and penal6 izing businesses that do comply. 

7 PALESTINIAN STATEHOOD

8 SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None 

9 of the funds appropriated under titles III through VI of 

10 this Act may be provided to support a Palestinian state 

11 unless the Secretary of State determines and certifies to 

12 the appropriate congressional committees that— 

13 (1) the governing entity of a new Palestinian 

14 state— 

15 (A) has demonstrated a firm commitment 

16 to peaceful co-existence with the State of Israel; 

17 and 

18 (B) is taking appropriate measures to 

19 counter terrorism and terrorist financing in the 

20 West Bank and Gaza, including the dismantling 

21 of terrorist infrastructures, and is cooperating 

22 with appropriate Israeli and other appropriate 

23 security organizations; and 

24 (2) the Palestinian Authority (or the governing 

25 entity of a new Palestinian state) is working with 
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1 other countries in the region to vigorously pursue ef2 forts to establish a just, lasting, and comprehensive 

3 peace in the Middle East that will enable Israel and 

4 an independent Palestinian state to exist within the 

5 context of full and normal relationships, which 

6 should include— 

7 (A) termination of all claims or states of 

8 belligerency; 

9 (B) respect for and acknowledgment of the 

10 sovereignty, territorial integrity, and political 

11 independence of every state in the area through 

12 measures including the establishment of demili13 tarized zones; 

14 (C) their right to live in peace within se15 cure and recognized boundaries free from 

16 threats or acts of force; 

17 (D) freedom of navigation through inter18 national waterways in the area; and 

19 (E) a framework for achieving a just set20 tlement of the refugee problem. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that the governing entity should enact a constitution 

23 assuring the rule of law, an independent judiciary, and 

24 respect for human rights for its citizens, and should enact 
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1 other laws and regulations assuring transparent and ac2 countable governance. 

3 (c) WAIVER.—The President may waive subsection 

4 (a) if the President determines that it is important to the 

5 national security interests of the United States to do so. 

6 (d) EXEMPTION.—The restriction in subsection (a) 

7 shall not apply to assistance intended to help reform the 

8 Palestinian Authority and affiliated institutions, or the 

9 governing entity, in order to help meet the requirements 

10 of subsection (a), consistent with the provisions of section 

11 7040 of this Act (‘‘Limitation on Assistance for the Pales12 tinian Authority’’). 

13 RESTRICTIONS CONCERNING THE PALESTINIAN

14 AUTHORITY

15 SEC. 7037. None of the funds appropriated under ti16 tles II through VI of this Act may be obligated or ex17 pended to create in any part of Jerusalem a new office 

18 of any department or agency of the United States Govern19 ment for the purpose of conducting official United States 

20 Government business with the Palestinian Authority over 

21 Gaza and Jericho or any successor Palestinian governing 

22 entity provided for in the Israel-PLO Declaration of Prin23 ciples: Provided, That this restriction shall not apply to 

24 the acquisition of additional space for the existing Con25 sulate General in Jerusalem: Provided further, That meet-
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1 ings between officers and employees of the United States 

2 and officials of the Palestinian Authority, or any successor 

3 Palestinian governing entity provided for in the Israel4 PLO Declaration of Principles, for the purpose of con5 ducting official United States Government business with 

6 such authority should continue to take place in locations 

7 other than Jerusalem: Provided further, That as has been 

8 true in the past, officers and employees of the United 

9 States Government may continue to meet in Jerusalem on 

10 other subjects with Palestinians (including those who now 

11 occupy positions in the Palestinian Authority), have social 

12 contacts, and have incidental discussions. 

13 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN

14 BROADCASTING CORPORATION

15 SEC. 7038. None of the funds appropriated or other16 wise made available by this Act may be used to provide 

17 equipment, technical support, consulting services, or any 

18 other form of assistance to the Palestinian Broadcasting 

19 Corporation. 

20 ASSISTANCE FOR THE WEST BANK AND GAZA

21 SEC. 7039. (a) OVERSIGHT.—For fiscal year 2013, 

22 30 days prior to the initial obligation of funds for the bi23 lateral West Bank and Gaza Program, the Secretary of 

24 State shall certify to the Committees on Appropriations 

25 that procedures have been established to assure the Comp-
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1 troller General of the United States will have access to 

2 appropriate United States financial information in order 

3 to review the uses of United States assistance for the Pro4 gram funded under the heading ‘‘Economic Support 

5 Fund’’ for the West Bank and Gaza. 

6 (b) VETTING.—Prior to the obligation of funds ap7 propriated by this Act under the heading ‘‘Economic Sup8 port Fund’’ for assistance for the West Bank and Gaza, 

9 the Secretary of State shall take all appropriate steps to 

10 ensure that such assistance is not provided to or through 

11 any individual, private or government entity, or edu12 cational institution that the Secretary knows or has reason 

13 to believe advocates, plans, sponsors, engages in, or has 

14 engaged in, terrorist activity nor, with respect to private 

15 entities or educational institutions, those that have as a 

16 principal officer of the entity’s governing board or gov17 erning board of trustees any individual that has been de18 termined to be involved in, or advocating terrorist activity 

19 or determined to be a member of a designated foreign ter20 rorist organization: Provided, That the Secretary of State 

21 shall, as appropriate, establish procedures specifying the 

22 steps to be taken in carrying out this subsection and shall 

23 terminate assistance to any individual, entity, or edu24 cational institution which the Secretary has determined to 

25 be involved in or advocating terrorist activity. 
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1 (c) PROHIBITION.— 

2 (1) None of the funds appropriated under titles 

3 III through VI of this Act for assistance under the 

4 West Bank and Gaza Program may be made avail5 able for the purpose of recognizing or otherwise hon6 oring individuals who commit, or have committed 

7 acts of terrorism. 

8 (2) Notwithstanding any other provision of law, 

9 none of the funds made available by this or prior ap10 propriations Acts, including funds made available by 

11 transfer, may be made available for obligation for se12 curity assistance for the West Bank and Gaza until 

13 the Secretary of State reports to the Committees on 

14 Appropriations on the benchmarks that have been 

15 established for security assistance for the West 

16 Bank and Gaza and reports on the extent of Pales17 tinian compliance with such benchmarks. 

18 (d) AUDITS.— 

19 (1) The USAID Administrator shall ensure that 

20 Federal or non-Federal audits of all contractors and 

21 grantees, and significant subcontractors and sub22 grantees, under the West Bank and Gaza Program, 

23 are conducted at least on an annual basis to ensure, 

24 among other things, compliance with this section. 
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1 (2) Of the funds appropriated by this Act, up 

2 to $500,000 may be used by the Office of Inspector 

3 General of USAID for audits, inspections, and other 

4 activities in furtherance of the requirements of this 

5 subsection: Provided, That such funds are in addi6 tion to funds otherwise available for such purposes. 

7 (e) Subsequent to the certification specified in sub8 section (a), the Comptroller General of the United States 

9 shall conduct an audit and an investigation of the treat10 ment, handling, and uses of all funds for the bilateral 

11 West Bank and Gaza Program, including all funds pro12 vided as cash transfer assistance, in fiscal year 2013 

13 under the heading ‘‘Economic Support Fund’’, and such 

14 audit shall address— 

15 (1) the extent to which such Program complies 

16 with the requirements of subsections (b) and (c); 

17 and 

18 (2) an examination of all programs, projects, 

19 and activities carried out under such Program, in20 cluding both obligations and expenditures. 

21 (f) Funds made available in this Act for West Bank 

22 and Gaza shall be subject to the regular notification proce23 dures of the Committees on Appropriations. 

24 (g) Not later than 180 days after enactment of this 

25 Act, the Secretary of State shall submit a report to the 
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1 Committees on Appropriations updating the report con2 tained in section 2106 of chapter 2 of title II of Public 

3 Law 109–13. 

4 LIMITATION ON ASSISTANCE FOR THE PALESTINIAN

5 AUTHORITY

6 SEC. 7040. (a) PROHIBITION OF FUNDS.—None of 

7 the funds appropriated by this Act to carry out the provi8 sions of chapter 4 of part II of the Foreign Assistance 

9 Act of 1961 may be obligated or expended with respect 

10 to providing funds to the Palestinian Authority. 

11 (b) WAIVER.—The prohibition included in subsection 

12 (a) shall not apply if the President certifies in writing to 

13 the Speaker of the House of Representatives, the Presi14 dent pro tempore of the Senate, and the Committees on 

15 Appropriations that waiving such prohibition is important 

16 to the national security interests of the United States. 

17 (c) PERIOD OF APPLICATION OF WAIVER.—Any 

18 waiver pursuant to subsection (b) shall be effective for no 

19 more than a period of 6 months at a time and shall not 

20 apply beyond 12 months after the enactment of this Act. 

21 (d) REPORT.—Whenever the waiver authority pursu22 ant to subsection (b) is exercised, the President shall sub23 mit a report to the Committees on Appropriations detail24 ing the justification for the waiver, the purposes for which 

25 the funds will be spent, and the accounting procedures in 
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1 place to ensure that the funds are properly disbursed: Pro2 vided, That the report shall also detail the steps the Pales3 tinian Authority has taken to arrest terrorists, confiscate 

4 weapons and dismantle the terrorist infrastructure. 

5 (e) CERTIFICATION.—If the President exercises the 

6 waiver authority under subsection (b), the Secretary of 

7 State must certify and report to the Committees on Ap8 propriations prior to the obligation of funds that the Pal9 estinian Authority has established a single treasury ac10 count for all Palestinian Authority financing and all fi11 nancing mechanisms flow through this account, no parallel 

12 financing mechanisms exist outside of the Palestinian Au13 thority treasury account, and there is a single comprehen14 sive civil service roster and payroll. 

15 (f) PROHIBITION TO HAMAS AND THE PALESTINE

16 LIBERATION ORGANIZATION.— 

17 (1) None of the funds appropriated in titles III 

18 through VI of this Act may be obligated for salaries 

19 of personnel of the Palestinian Authority located in 

20 Gaza or may be obligated or expended for assistance 

21 to Hamas or any entity effectively controlled by 

22 Hamas, any power-sharing government of which 

23 Hamas is a member, or that results from an agree24 ment with Hamas and over which Hamas exercises 

25 undue influence. 
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1 (2) Notwithstanding the limitation of paragraph 

2 (1), assistance may be provided to a power-sharing 

3 government only if the President certifies and re4 ports to the Committees on Appropriations that such 

5 government, including all of its ministers or such 

6 equivalent, has publicly accepted and is complying 

7 with the principles contained in section 620K(b)(1) 

8 (A) and (B) of the Foreign Assistance Act of 1961, 

9 as amended. 

10 (3) The President may exercise the authority in 

11 section 620K(e) of the Foreign Assistance Act of 

12 1961, as added by the Palestine Anti-Terrorism Act 

13 of 2006 (Public Law 109–446) with respect to this 

14 subsection. 

15 (4) Whenever the certification pursuant to 

16 paragraph (2) is exercised, the Secretary of State 

17 shall submit a report to the Committees on Appro18 priations within 120 days of the certification and 

19 every quarter thereafter on whether such govern20 ment, including all of its ministers or such equiva21 lent are continuing to comply with the principles 

22 contained in section 620K(b)(1) (A) and (B) of the 

23 Foreign Assistance Act of 1961, as amended: Pro24 vided, That the report shall also detail the amount, 

25 purposes and delivery mechanisms for any assistance 
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1 provided pursuant to the abovementioned certifi2 cation and a full accounting of any direct support of 

3 such government. 

4 (5) None of the funds appropriated under titles 

5 III through VI of this Act may be obligated for as6 sistance for the Palestine Liberation Organization. 

7 NEAR EAST AND NORTH AFRICA

8 SEC. 7041. (a) BAHRAIN.— 

9 (1) Of the funds appropriated by this Act under 

10 the heading ‘‘Middle East and North Africa Incen11 tive Fund’’, not less than $5,000,000 shall be made 

12 available for programs and activities to promote rec13 onciliation in Bahrain: Provided, That notwith14 standing section 660 of the Foreign Assistance Act 

15 of 1961, a portion of such funds may also be used 

16 for programs to strengthen oversight and profes17 sionalism of the police forces of Bahrain. 

18 (2) None of the funds appropriated by this Act 

19 may be made available for tear gas, armored vehi20 cles, small arms, light weapons, ammunition, or 

21 other items for crowd control purposes, for the police 

22 or military forces of Bahrain, unless the Secretary 

23 of State certifies to the Committees on Appropria24 tions that the Government of Bahrain— 
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1 (A) has released persons convicted or 

2 charged with offenses involving peaceful expres3 sion, as well as those convicted on the basis of 

4 evidence that the defendant could not challenge 

5 or that was obtained as a result of torture; 

6 (B) is protecting freedom of expression, as7 sociation, and assembly; the right of political 

8 opposition parties, civil society organizations, 

9 and journalists to operate without harassment 

10 or interference; and due process of law; and 

11 (C) is investigating and prosecuting Bah12 raini officials credibly alleged to have been in13 volved in violations of human rights, including 

14 torture. 

15 (b) EGYPT.— 

16 (1) None of the funds appropriated under titles 

17 III and IV of this Act and in prior Acts making ap18 propriations for the Department of State, foreign 

19 operations, and related programs may be made 

20 available for assistance for the Government of Egypt 

21 unless the Secretary of State certifies to the Com22 mittees on Appropriations that such government is 

23 meeting its obligations under the 1979 Egypt-Israel 

24 Peace Treaty. 
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1 (2) The President shall submit to the Commit2 tees on Appropriations, concurrent with the fiscal 

3 year 2014 budget request, a comprehensive review of 

4 United States assistance for Egypt, including the 

5 strategic purposes and mechanisms for disbursing 

6 such assistance, and specific programs to be con7 ducted in furtherance of security sector and other 

8 reforms. 

9 (3) Funds appropriated by this Act under the 

10 heading ‘‘Foreign Military Financing Program’’ for 

11 assistance for Egypt shall be made available for bor12 der security programs in the Sinai, and for purposes 

13 related to peacekeeping and disaster response: Pro14 vided, That a portion of such funds estimated to be 

15 outlayed during fiscal year 2013 may, following con16 sultation with the Committees on Appropriations, be 

17 transferred to an interest bearing account for Egypt 

18 in the Federal Reserve Bank of New York: Provided 

19 further, That funds appropriated by this Act under 

20 the heading ‘‘Economic Support Fund’’ shall be 

21 made available to promote security sector reform in 

22 Egypt, in accordance with section 7034(r) of this 

23 Act. 

24 (4) Prior to the initial obligation of funds ap25 propriated by this Act for assistance for Egypt 
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1 under the heading ‘‘Foreign Military Financing Pro2 gram’’, the Secretary of State shall certify to the 

3 Committees on Appropriations that the Government 

4 of Egypt is a democratically elected civilian govern5 ment that is implementing policies to— 

6 (A) provide civilian control over, and public 

7 disclosure of, the military and police budgets; 

8 (B) fully repeal the Emergency Law; and 

9 (C) protect judicial independence; freedom 

10 of expression, association, assembly, and reli11 gion; the right of political opposition parties, 

12 civil society organizations, and journalists to op13 erate without harassment or interference; and 

14 due process of law. 

15 (5) The Secretary of State, after consultation 

16 with the Committees on Appropriations, may waive 

17 the requirements of paragraphs (1) and (4) if the 

18 Secretary determines and reports to the Committees 

19 on Appropriations that to do so is important to the 

20 national security interest of the United States: Pro21 vided, That such determination and report shall in22 clude a detailed justification for such waiver. 

23 (6) The authorities, purposes, and requirements 

24 in section 7041(a)(3) of division I of Public Law 

25 112–74 shall continue in effect during fiscal year 
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1 2013: Provided, That funds appropriated by this Act 

2 under the headings ‘‘Economic Support Fund’’ and 

3 ‘‘Middle East and North Africa Incentive Fund’’ 

4 may be made available for such initiative. 

5 (7) Funds appropriated by this Act under the 

6 heading ‘‘Economic Support Fund’’ and made avail7 able for assistance for the Government of Egypt 

8 shall be reduced by an amount equal to the amount 

9 that the Secretary of State determines and reports 

10 to the Committees on Appropriations was posted as 

11 bail in February 2012 for members of United States 

12 nongovernmental organizations. 

13 (c) IRAN.— 

14 (1) It is the policy of the United States to seek 

15 to prevent Iran from achieving the capability to 

16 produce or otherwise manufacture nuclear weapons, 

17 including by supporting international diplomatic ef18 forts to halt Iran’s uranium enrichment program, 

19 and the President should fully implement and en20 force the Iran Sanctions Act of 1996, as amended 

21 (Public Law 104–172) as a means of encouraging 

22 foreign governments to require state-owned and pri23 vate entities to cease all investment in, and support 

24 of, Iran’s energy sector and all exports of refined pe25 troleum products to Iran. 
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1 (2) None of the funds appropriated or otherwise 

2 made available in this Act under the heading ‘‘Ex3 port-Import Bank of the United States’’ may be 

4 used by the Export-Import Bank of the United 

5 States to provide any new financing (including loans, 

6 guarantees, other credits, insurance, and reinsur7 ance) to any person or entity that is subject to sanc8 tions under paragraph (2) or (3) of section 5(a) of 

9 the Iran Sanctions Act of 1996 (Public Law 104– 

10 172). 

11 (3) The reporting requirements in section 

12 7043(c) in division F of Public Law 111–117 shall 

13 continue in effect during fiscal year 2013 as if part 

14 of this Act: Provided, That the date in subsection 

15 (c)(1) shall be deemed to be ‘‘September 30, 2013’’. 

16 (d) IRAQ.— 

17 (1) Of the funds appropriated under titles III, 

18 IV, and VIII of this Act, not more than 

19 $582,347,000 may be made available for assistance 

20 for Iraq, including not more than $100,000,000 

21 from funds appropriated under the heading ‘‘Eco22 nomic Support Fund’’ and not more than 

23 $450,000,000 from funds appropriated under the 

24 heading ‘‘Foreign Military Financing Program’’. 
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1 (2) Funds appropriated by this Act for assist2 ance for the Government of Iraq should be made 

3 available only if the Secretary of State certifies to 

4 the Committees on Appropriations that such govern5 ment is supporting free and fair elections and imple6 menting policies to— 

7 (A) publicly disclose the national budget, 

8 including for the military and police; and 

9 (B) protect judicial independence; freedom 

10 of expression, association, assembly, and reli11 gion; the right of political opposition parties, 

12 civil society organizations, women activists, and 

13 journalists to operate without harassment or in14 terference; and due process of law. 

15 (3) Funds appropriated or otherwise made 

16 available by this Act for assistance for Iraq shall be 

17 made available in accordance with the cost-matching 

18 and other requirements in the Department of State’s 

19 April 9, 2009 ‘‘Guidelines for Government of Iraq 

20 Financial Participation in United States Govern21 ment-Funded Civilian Foreign Assistance Programs 

22 and Projects’’: Provided, That the Secretaries of 

23 State and the Treasury shall work with Iraq’s Min24 istry of Finance to complete the review required by 
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1 the International Monetary Fund of Iraq’s out2 standing advances. 

3 (4) Funds appropriated by this Act under titles 

4 III and VI for assistance for Iraq may be made 

5 available notwithstanding any other provision of law, 

6 except for this subsection and section 620M of the 

7 Foreign Assistance Act of 1961, as amended by this 

8 Act. 

9 (e) LEBANON.— 

10 (1) None of the funds appropriated by this Act 

11 may be made available for the Lebanese Armed 

12 Forces (LAF) if the LAF is controlled by a foreign 

13 terrorist organization, as defined by section 219 of 

14 the Immigration and Nationality Act. 

15 (2) Funds appropriated by this Act under the 

16 heading ‘‘Foreign Military Financing Program’’ for 

17 assistance for Lebanon may be made available only 

18 to professionalize the LAF and to strengthen border 

19 security and combat terrorism, including training 

20 and equipping the LAF to secure Lebanon’s borders, 

21 interdicting arms shipments, preventing the use of 

22 Lebanon as a safe haven for terrorist groups, and to 

23 implement United Nations Security Council Resolu24 tion 1701: Provided, That funds may not be made 

25 available for obligation for assistance for the LAF 
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1 until the Secretary of State submits a detailed spend 

2 plan to the Committees on Appropriations, except 

3 such plan may not be considered as meeting the no4 tification requirements under section 7015 of this 

5 Act or under section 634A of the Foreign Assistance 

6 Act of 1961, and shall be submitted not later than 

7 September 1, 2013: Provided further, That not later 

8 than 90 days after enactment of this Act, the Sec9 retary of State shall consult with the Committees on 

10 Appropriations on the activities of the LAF, assist11 ance provided to the LAF by the United States, and 

12 actions taken to ensure that such assistance is used 

13 for intended purposes. 

14 (3) Funds appropriated by this Act under titles 

15 III and VI for assistance for Lebanon may be made 

16 available notwithstanding any other provision of law, 

17 except for this subsection and section 620M of the 

18 Foreign Assistance Act of 1961, as amended by this 

19 Act. 

20 (f) LIBYA.—Funds appropriated by this Act for ac21 tivities to promote democracy, transparent and account22 able governance, human rights, transitional justice, and 

23 the rule of law in Libya shall be made available, to the 

24 maximum extent practicable, on a cost matching basis: 

25 Provided, That none of the funds appropriated by this Act 
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1 may be made available for assistance for Libya for infra2 structure projects, except on a loan basis with terms favor3 able to the United States, and only following consultation 

4 with the Committees on Appropriations. 

5 (g) MOROCCO.—Prior to the obligation of funds ap6 propriated by this Act under the heading ‘‘Foreign Mili7 tary Financing Program’’ for assistance for Morocco, the 

8 Secretary of State shall submit a report to the Committees 

9 on Appropriations on steps taken during the previous 12 

10 months by the Government of Morocco to— 

11 (1) protect freedom of expression, association, 

12 and assembly regarding the status and future of the 

13 Western Sahara, and due process of law; 

14 (2) release prisoners of conscience; 

15 (3) support a human rights monitoring and re16 porting role for the United Nations Mission in West17 ern Sahara in cooperation with the Office of the 

18 United Nations High Commissioner for Human 

19 Rights; and 

20 (4) provide unimpeded access to human rights 

21 organizations, journalists, and representatives of for22 eign governments to the Western Sahara. 

23 (h) SYRIA.— 

24 (1) Funds appropriated by this Act shall be 

25 made available for activities to support civil society 
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1 organizations that support democratic principles in 

2 Syria, including communications equipment and 

3 technical training: Provided, That such activities 

4 shall be considered democracy and human rights 

5 programs in accordance with section 7034(f) of this 

6 Act: Provided further, That not later than 90 days 

7 after enactment of this Act and every 90 days there8 after until September 30, 2013, the Secretary of 

9 State shall submit a report to the Committees on 

10 Appropriations describing the activities conducted in 

11 support of such organizations, and the equipment 

12 and technical training provided: Provided further, 

13 That such technical training shall include instruction 

14 on democratic governance and respect for human 

15 rights. 

16 (2) Funds appropriated by this Act shall be 

17 made available for humanitarian relief for civilian 

18 victims of political violence in Syria. 

19 (i) TUNISIA.—Of the funds appropriated under titles 

20 III and IV of this Act, not less than $39,100,000 shall 

21 be made available for assistance for Tunisia. 

22 (j) YEMEN.—Of the funds appropriated under titles 

23 III and IV of this Act, not less than $77,000,000 may 

24 be made available for assistance for Yemen: Provided, 

25 That not later than 60 days after enactment of this Act 
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1 and prior to the initial obligation of such funds, the Sec2 retary of State, in consultation with the heads of relevant 

3 Federal agencies and the Government of Yemen, shall sub4 mit a counterinsurgency strategy to the Committees on 

5 Appropriations: Provided further, That none of the funds 

6 appropriated by this Act may be made available for the 

7 Armed Forces of Yemen if such forces are controlled by 

8 a foreign terrorist organization, designated pursuant to 

9 section 219 of the Immigration and Nationality Act. 

10 SERBIA

11 SEC. 7042. (a) Funds appropriated by this Act may 

12 be made available for assistance for the central Govern13 ment of Serbia after May 31, 2013, if the Secretary of 

14 State has made the determination required in subsection 

15 (c). 

16 (b) After May 31, 2013, the Secretary of the Treas17 ury shall instruct the United States executive directors of 

18 the international financial institutions to support loans 

19 and assistance to the Government of Serbia subject to the 

20 requirement in subsection (c). 

21 (c) The determination referred to in subsection (a) 

22 is a determination made by the Secretary of State and 

23 reported in writing to the Committees on Appropriations 

24 that the Government of Serbia is cooperating with the 
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1 International Criminal Tribunal for the former Yugo2 slavia. 

3 (d) This section shall not apply to humanitarian as4 sistance or assistance to promote democracy. 

5 AFRICA

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 7043. (a) CENTRAL AFRICA.—Of the funds ap8 propriated under the heading ‘‘Economic Support Fund’’, 

9 up to $10,000,000 shall be made available for programs 

10 and activities in areas affected by the Lord’s Resistance 

11 Army (LRA) consistent with the goals of the Lord’s Re12 sistance Army Disarmament and Northern Uganda Recov13 ery Act (Public Law 111–172), including to improve phys14 ical access, telecommunications infrastructure, and early15 warning mechanisms and to support the disarmament, de16 mobilization, and reintegration of former LRA combat17 ants, especially child soldiers. 

18 (b) CONFLICT MINERALS.— 

19 (1) Funds appropriated by this Act should be 

20 made available for programs in the Democratic Re21 public of the Congo to implement the Organization 

22 for Economic Cooperation and Development’s due 

23 diligence guidance for mining in conflict areas. 

24 (2) Funds appropriated by this Act under the 

25 heading ‘‘Foreign Military Financing Program’’ may 
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1 be made available for assistance for Rwanda or 

2 Uganda unless the Secretary of State has credible 

3 information that the Government of Rwanda or the 

4 Government of Uganda is providing political, mili5 tary or financial support to armed groups in the 

6 Democratic Republic of the Congo (DRC) that are 

7 involved in the illegal exportation of minerals out of 

8 the DRC or have violated human rights. 

9 (3) The restriction in paragraph (2) shall not 

10 apply to assistance to improve border controls to 

11 prevent the illegal exportation of minerals out of the 

12 DRC by such groups, to protect humanitarian relief 

13 efforts, or to support the training and deployment of 

14 members of the Rwandan or Ugandan militaries in 

15 international peacekeeping operations or to conduct 

16 operations against the Lord’s Resistance Army. 

17 (c) COUNTERTERRORISM PROGRAMS.— 

18 (1) Of the funds appropriated by this Act, not 

19 less than $55,000,000 should be made available for 

20 the Trans-Sahara Counter-terrorism Partnership 

21 program, and not less than $25,000,000 should be 

22 made available for the Partnership for Regional 

23 East Africa Counterterrorism program. 

24 (2) Of the funds appropriated by this Act under 

25 the heading ‘‘Economic Support Fund’’, 
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1 $10,000,000 shall be made available for programs to 

2 counter extremism in East Africa, in addition to 

3 such sums that may otherwise be made available for 

4 such purposes. 

5 (d) CRISIS RESPONSE.—Notwithstanding any other 

6 provision of law, up to $25,000,000 of the funds appro7 priated by this Act under the heading ‘‘Global Health Pro8 grams’’ for HIV/AIDS activities may be transferred to, 

9 and merged with, funds appropriated under the headings 

10 ‘‘Economic Support Fund’’ and ‘‘Transition Initiatives’’ 

11 to respond to unanticipated crises in Africa, except that 

12 funds shall not be transferred unless the Secretary of 

13 State certifies to the Committees on Appropriations that 

14 no individual currently on anti-retroviral therapy sup15 ported by such funds shall be negatively impacted by the 

16 transfer of such funds: Provided, That the authority of 

17 this subsection shall be subject to prior consultation with 

18 the Committees on Appropriations. 

19 (e) EXPANDED INTERNATIONAL MILITARY EDU20 CATION AND TRAINING.— 

21 (1) Funds appropriated under the heading 

22 ‘‘International Military Education and Training’’ 

23 (IMET) in this Act that are made available for as24 sistance for Angola, Cameroon, Central African Re25 public, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe 
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1 may be made available only for training related to 

2 international peacekeeping operations and expanded 

3 IMET: Provided, That the limitation included in this 

4 paragraph shall not apply to courses that support 

5 training in maritime security for Angola and Cam6 eroon. 

7 (2) None of the funds appropriated under the 

8 heading ‘‘International Military Education and 

9 Training’’ in this Act may be made available for as10 sistance for Equatorial Guinea or Somalia. 

11 (f) ETHIOPIA.— 

12 (1) Funds appropriated by this Act that are 

13 available for assistance for Ethiopian military and 

14 police forces shall not be made available unless the 

15 Secretary of State— 

16 (A) certifies to the Committees on Appro17 priations that the Government of Ethiopia is 

18 implementing policies to— 

19 (i) publicly disclose the military and 

20 police budgets; 

21 (ii) protect judicial independence; free22 dom of expression, association, assembly, 

23 and religion; the right of political opposi24 tion parties, civil society organizations, and 

25 journalists to operate without harassment 
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1 or interference; and due process of law; 

2 and 

3 (iii) permit access to human rights 

4 and humanitarian organizations to the So5 mali region of Ethiopia; and 

6 (B) submits a report to the Committees on 

7 Appropriations on the types and amounts of 

8 United States training and equipment proposed 

9 to be provided to the Ethiopian military and po10 lice including steps that will be taken to ensure 

11 that such assistance is not provided to military 

12 or police units or personnel that have violated 

13 human rights, and steps taken by the Govern14 ment of Ethiopia to investigate and prosecute 

15 members of the Ethiopian military and police 

16 who have been credibly alleged to have violated 

17 such rights. 

18 (2) The restriction in paragraph (1) shall not 

19 apply to assistance to Ethiopian military efforts in 

20 support of international peacekeeping operations, 

21 border security, and for assistance to the Ethiopian 

22 Defense Command and Staff College. 

23 (g) PIRACY.—Not later than 180 days after enact24 ment of this Act, and following consultation with other 

25 relevant Federal agencies, the Secretary of State shall 
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1 submit to the Committees on Appropriations a diplomacy 

2 and development counter-piracy strategy for the Horn of 

3 Africa region, including an assessment of the potential ef4 fectiveness of economic and security assistance for vulner5 able Somali and Kenyan communities in providing gainful 

6 alternatives to piracy and encouraging collective action 

7 within such communities against groups and individuals 

8 involved in piracy. 

9 (h) SOUTH AFRICA.—Not later than 180 days after 

10 enactment of this Act, and following consultation with the 

11 Government of South Africa, the Secretary of State shall 

12 submit a transition strategy to the Committees on Appro13 priations for the President’s Emergency Program for 

14 AIDS Relief in South Africa, including projected trajec15 tories for levels and types of United States assistance. 

16 (i) SUDAN.— 

17 (1) Notwithstanding any other provision of law, 

18 none of the funds appropriated by this Act may be 

19 made available for assistance for the Government of 

20 Sudan. 

21 (2) Notwithstanding the restriction in para22 graph (1), up to $250,000,000 of the funds appro23 priated under the heading ‘‘Economic Support 

24 Fund’’ in this Act may be transferred to, and 

25 merged with, funds available under the heading ‘‘De-
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1 partment of Treasury, Debt Restructuring’’ in title 

2 III of prior acts making appropriations for the De3 partment of State, foreign operations, and related 

4 programs for the cost, as defined in section 502 of 

5 the Congressional Budget Act of 1974, of modifying 

6 loans and loan guarantees, as the President may de7 termine, for the cost of selling, reducing, or can8 celing amounts owed to the United States as a result 

9 of concessional loans made to Sudan: Provided, That 

10 such funds may be made available only if the Sec11 retary of State determines and reports to the Com12 mittees on Appropriations that Sudan is imple13 menting the agreement reached by the Governments 

14 of Sudan and South Sudan under the Comprehen15 sive Peace Agreement, including a political resolu16 tion of the conflict in Southern Kordofan and Blue 

17 Nile, and other legislative requirements related to 

18 Heavily Indebted Poor Countries debt relief, includ19 ing determinations on human rights and state spon20 sorship of terrorism. 

21 (3) The limitations of paragraphs (1) and (2) 

22 shall not apply to— 

23 (A) humanitarian assistance; 

24 (B) assistance for the Darfur region, 

25 Southern Kordofan, Blue Nile, other 
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1 marginalized areas and populations in Sudan, 

2 and Abyei; and 

3 (C) assistance to support implementation 

4 of the Comprehensive Peace Agreement (CPA), 

5 mutual arrangements related to post-ref6 erendum issues associated with the CPA, or to 

7 promote peace and stability between Sudan and 

8 South Sudan, or any other internationally rec9 ognized viable peace agreement in Sudan. 

10 (j) SOUTH SUDAN.— 

11 (1) Funds appropriated by this Act should be 

12 made available for assistance for South Sudan, in13 cluding to increase agricultural productivity, prevent 

14 and respond to gender-based violence, promote wom15 en’s leadership, expand educational opportunities es16 pecially for girls, strengthen democratic institutions 

17 and the rule of law, and enhance the capacity of the 

18 Federal Legislative Assembly to conduct oversight 

19 over government processes, revenues, and expendi20 tures. 

21 (2) Not less than 15 days prior to the obliga22 tion of funds appropriated by this Act that are avail23 able for assistance for the Government of South 

24 Sudan, the Secretary of State shall submit a report 

25 to the Committees on Appropriations detailing the 
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1 extent to which the Government of South Sudan 

2 is— 

3 (A) supporting freedom of expression and 

4 association, the establishment of democratic in5 stitutions including an independent judiciary, 

6 parliament, and security forces that are ac7 countable to civilian authority; and 

8 (B) investigating and punishing members 

9 of security forces who have violated human 

10 rights. 

11 (3) The Secretary of State shall seek to obtain 

12 regular audits of the financial accounts of the Gov13 ernment of South Sudan to ensure transparency and 

14 accountability of funds, including revenues from the 

15 extraction of oil and gas, and the timely, public dis16 closure of such audits: Provided, That the Secretary 

17 should assist the Government of South Sudan in 

18 conducting such audits, and provide technical assist19 ance to enhance the capacity of the National Auditor 

20 Chamber to carry out its responsibilities, and shall 

21 submit a report not later than 90 days after enact22 ment of this Act to the Committees on Appropria23 tions detailing the steps that will be taken by the 

24 Government of South Sudan, which are additional to 

25 those taken in the previous fiscal year, to improve 
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1 resource management and ensure transparency and 

2 accountability of funds. 

3 (k) WAR CRIMES IN AFRICA.— 

4 (1) The Congress reaffirms its support for the 

5 efforts of the International Criminal Tribunal for 

6 Rwanda (ICTR) and the Special Court for Sierra 

7 Leone (SCSL) to bring to justice individuals respon8 sible for war crimes and crimes against humanity in 

9 a timely manner. 

10 (2) Funds appropriated by this Act may be 

11 made available for assistance for the central govern12 ment of a country in which individuals indicted by 

13 the ICTR and the SCSL are credibly alleged to be 

14 living, if the Secretary of State determines and re15 ports to the Committees on Appropriations that such 

16 government is cooperating with the ICTR and the 

17 SCSL, including the apprehension, surrender, and 

18 transfer of indictees in a timely manner: Provided, 

19 That this paragraph shall not apply to assistance 

20 provided under section 551 of the Foreign Assist21 ance Act of 1961 or to assistance under title VI of 

22 this Act: Provided further, That the United States 

23 shall use its voice and vote in the United Nations 

24 Security Council to fully support efforts by the 
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1 ICTR and the SCSL to bring to justice individuals 

2 indicted by such tribunals in a timely manner. 

3 (3) The prohibition in paragraph (2) may be 

4 waived on a country-by-country basis if the Sec5 retary of State determines that doing so is in the 

6 national security interest of the United States: Pro7 vided, That prior to exercising such waiver author8 ity, the Secretary shall submit a report to the Com9 mittees on Appropriations, in classified form if nec10 essary, on— 

11 (A) the steps being taken to obtain the co12 operation of the government in apprehending 

13 and surrendering the indictee to the court of ju14 risdiction; 

15 (B) a strategy, including a timeline, for 

16 bringing the indictee before such court; and 

17 (C) the justification for exercising the 

18 waiver authority. 

19 (l) ZIMBABWE.— 

20 (1) The Secretary of the Treasury shall instruct 

21 the United States executive director of each inter22 national financial institution to vote against any ex23 tension by the respective institution of any loans or 

24 grants to the Government of Zimbabwe, except to 

25 meet basic human needs or to promote democracy, 
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1 unless the Secretary of State determines and reports 

2 in writing to the Committees on Appropriations that 

3 the rule of law has been restored in Zimbabwe, in4 cluding respect for ownership and title to property, 

5 freedom of speech and association. 

6 (2) None of the funds appropriated by this Act 

7 shall be made available for assistance for the central 

8 Government of Zimbabwe, except for health, edu9 cation, and macroeconomic growth assistance, unless 

10 the Secretary of State makes the determination re11 quired in paragraph (1). 

12 EAST ASIA AND THE PACIFIC

13 SEC. 7044. (a) ASSISTANCE.— 

14 (1) Not later than 180 days after enactment of 

15 this Act, the Secretary of State, in consultation with 

16 the heads of other relevant Federal agencies, shall 

17 submit to the Committees on Appropriations a 

18 multi-year strategy for the advancement of United 

19 States interests in the East Asia and Pacific region, 

20 to include a description of the process for coordi21 nating assistance and policy between the Depart22 ment of State and such other agencies. 

23 (2) Funds appropriated by this Act under the 

24 heading ‘‘Economic Support Fund’’ may be made 

25 available, following consultation with the Committees 
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1 on Appropriations, for East Asia and Pacific re2 gional programs that include countries or govern3 ments otherwise ineligible for United States assist4 ance, notwithstanding any other provision of law. 

5 (b) BURMA.—Funds appropriated by this Act under 

6 the heading ‘‘Economic Support Fund’’ may be made 

7 available for Burma notwithstanding any other provision 

8 of law, except that no funds shall be made available to 

9 any successor or affiliated organization of the State Peace 

10 and Development Council (SPDC) controlled by former 

11 SPDC members that promote the repressive policies of the 

12 SPDC: Provided, That such funds shall be made available 

13 for programs along Burma’s border and for Burmese 

14 groups and organizations located outside of Burma, and 

15 may be available to support programs in Burma: Provided 

16 further, That in addition to assistance for Burmese refu17 gees from funds appropriated by this Act under the head18 ing ‘‘Migration and Refugee Assistance’’, funds shall be 

19 made available for community-based organizations oper20 ating in Thailand to provide food, medical, and other hu21 manitarian assistance to internally displaced persons in 

22 eastern Burma: Provided further, That funds appropriated 

23 by this Act for assistance for Burma shall be provided, 

24 to the maximum extent practicable, through credible, in25 digenous nongovernmental organizations, and shall be 
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1 used to build the capacity of such organizations: Provided 

2 further, That funds appropriated by this Act for assistance 

3 for Burma should be matched, to the maximum extent 

4 practicable, by the Government of Burma and/or other 

5 international donors: Provided further, That any new pro6 gram or activity in Burma funded by this Act shall be 

7 subject to prior consultation with the Committees on Ap8 propriations, and all such funds shall be subject to the 

9 regular notification procedures of the Committees on Ap10 propriations. 

11 (c) CAMBODIA.— 

12 (1) None of the funds appropriated by this Act 

13 may be may available for a United States contribu14 tion to a Khmer Rouge Tribunal— 

15 (A) if the Secretary of State certifies to 

16 the Committees on Appropriations that the 

17 Prime Minister of Cambodia is directly or indi18 rectly interfering with the operations and delib19 erations of such Tribunal; and 

20 (B) unless the United Nations and the 

21 Government of Cambodia are taking credible 

22 steps to address allegations of corruption and 

23 mismanagement within such Tribunal. 

24 (2) Funds appropriated by this Act under the 

25 headings ‘‘International Military Education and 
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1 Training’’ and ‘‘Foreign Military Financing Pro2 gram’’ that are made available for assistance for 

3 Cambodia shall be made available to promote human 

4 rights within the Royal Cambodian Armed Forces: 

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

7 a report to the Committees on Appropriations detail8 ing specific programs conducted to promote human 

9 rights. 

10 (d) INDONESIA.—Of the funds appropriated by this 

11 Act under the heading ‘‘Foreign Military Financing Pro12 gram’’ that are available for assistance for Indonesia, 

13 $2,000,000 may not be obligated until the Secretary of 

14 State submits to the Committees on Appropriations the 

15 report on Indonesia required under such heading in the 

16 report accompanying this Act. 

17 (e) NORTH KOREA.— 

18 (1) Of the funds made available under the 

19 heading ‘‘International Broadcasting Operations’’ in 

20 title I of this Act, not less than $8,960,000 shall 

21 made available for broadcasts into North Korea. 

22 (2) Funds appropriated by this Act under the 

23 heading ‘‘Migration and Refugee Assistance’’ shall 

24 be made available for assistance for refugees from 
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1 North Korea, including for protection activities in 

2 the People’s Republic of China. 

3 (f) PEOPLE’S REPUBLIC OF CHINA.— 

4 (1) None of the funds appropriated under the 

5 heading ‘‘Diplomatic and Consular Programs’’ in 

6 this Act may be obligated or expended for processing 

7 licenses for the export of satellites of United States 

8 origin (including commercial satellites and satellite 

9 components) to the People’s Republic of China un10 less, at least 15 days in advance, the Committees on 

11 Appropriations are notified of such proposed action. 

12 (2) The terms and requirements of section 

13 620(h) of the Foreign Assistance Act of 1961 shall 

14 apply to foreign assistance projects or activities of 

15 the People’s Liberation Army (PLA) of the People’s 

16 Republic of China, to include such projects or activi17 ties by any entity that is owned or controlled by, or 

18 an affiliate of, the PLA: Provided, That none of the 

19 funds appropriated or otherwise made available pur20 suant to this Act may be used to finance any grant, 

21 contract, or cooperative agreement with the PLA, or 

22 any entity that the Secretary of State has reason to 

23 believe is owned or controlled by, or an affiliate of, 

24 the PLA. 
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1 (3) Notwithstanding any other provision of law, 

2 of the funds appropriated under the heading ‘‘Eco3 nomic Support Fund’’, not less than $15,000,000 

4 shall be made available to United States institutions 

5 of higher education and nongovernmental organiza6 tions for programs and activities in the People’s Re7 public of China relating to democracy, governance, 

8 rule of law, labor rights, and the environment. 

9 (4) Funds appropriated by this Act under the 

10 headings ‘‘Development Assistance’’, ‘‘Economic 

11 Support Fund’’, and ‘‘International Narcotics Con12 trol and Law Enforcement’’ shall be made available 

13 for assistance for economic and trade development, 

14 transparency, good governance, and human rights in 

15 the Africa, Asia, and South America regions in 

16 countries in which the People’s Republic of China 

17 provides substantial assistance to the central govern18 ment of such country, subject to the regular notifica19 tion procedures of the Committees on Appropria20 tions: Provided, That funds made available pursuant 

21 to this paragraph may be transferred to, and merged 

22 with, funds made available under the heading ‘‘Mil23 lennium Challenge Corporation’’, and shall be 

24 matched, to the maximum extent practicable, from 
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1 sources other than the Government of the United 

2 States. 

3 (g) PHILIPPINES.—Of the funds appropriated by this 

4 Act under the heading ‘‘Foreign Military Financing Pro5 gram’’ that are available for assistance for the Philippines, 

6 $3,000,000 may not be obligated until the Secretary of 

7 State submits to the Committees on Appropriations the 

8 report on the Philippines required under such heading in 

9 the report accompanying this Act. 

10 (h) TIBET.— 

11 (1) The Secretary of the Treasury should in12 struct the United States executive director of each 

13 international financial institution to use the voice 

14 and vote of the United States to support projects in 

15 Tibet if such projects do not provide incentives for 

16 the migration and settlement of non-Tibetans into 

17 Tibet or facilitate the transfer of ownership of Ti18 betan land and natural resources to non-Tibetans, 

19 are based on a thorough needs-assessment, foster 

20 self-sufficiency of the Tibetan people and respect Ti21 betan culture and traditions, and are subject to ef22 fective monitoring. 

23 (2) Notwithstanding any other provision of law, 

24 funds appropriated by this Act under the heading 

25 ‘‘Economic Support Fund’’ shall be made available 
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1 to nongovernmental organizations to support activi2 ties which preserve cultural traditions and promote 

3 sustainable development and environmental con4 servation in Tibetan communities in the Tibetan Au5 tonomous Region and in other Tibetan communities 

6 in China. 

7 (i) VIETNAM.—Of the funds appropriated under the 

8 heading ‘‘Economic Support Fund’’, not less than 

9 $20,000,000 shall be made available for remediation of 

10 dioxin contaminated sites in Vietnam and may be made 

11 available for assistance for the Government of Vietnam, 

12 including the military, for such purposes, and not less 

13 than $5,000,000 of the funds appropriated under the 

14 heading ‘‘Global Health Programs’’ shall be made avail15 able for health/disability activities in areas sprayed or oth16 erwise contaminated with dioxin. 

17 WESTERN HEMISPHERE

18 SEC. 7045. (a) COLOMBIA.— 

19 (1) Funds appropriated by this Act and made 

20 available to the Department of State for assistance 

21 for the Government of Colombia may be used to sup22 port a unified campaign against narcotics traf23 ficking, organizations designated as Foreign Ter24 rorist Organizations, and other criminal or illegal 

25 armed groups; for disarmament, demobilization, and 
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1 reintegration of former combatants; and to take ac2 tions to protect human health and welfare in emer3 gency circumstances, including undertaking rescue 

4 operations: Provided, That no United States Armed 

5 Forces personnel or United States civilian contractor 

6 employed by the United States will participate in 

7 any combat operation in connection with assistance 

8 made available by this Act for Colombia: Provided 

9 further, That rotary and fixed wing aircraft sup10 ported with funds appropriated under the heading 

11 ‘‘International Narcotics Control and Law Enforce12 ment’’ for assistance for Colombia may be used for 

13 aerial or manual drug eradication and interdiction 

14 including to transport personnel and supplies and to 

15 provide security for such operations: Provided fur16 ther, That such aircraft may also be used to provide 

17 transport in support of alternative development pro18 grams and investigations by civilian judicial authori19 ties: Provided further, That funds appropriated by 

20 this Act for the Colombian national police may not 

21 be used for the aerial spraying of toxic chemicals un22 less the Secretary of State, after consultation with 

23 the Administrator of the Environmental Protection 

24 Agency and the Secretary of the Department of 

25 Health and Human Services, certifies to the Com-
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1 mittees on Appropriations that the chemicals, in the 

2 manner they are being sprayed, do not pose unrea3 sonable risks or adverse effects to humans, including 

4 pregnant women and children, or the environment, 

5 including endemic species: Provided further, That 

6 any complaints of harm to health or licit crops 

7 caused by such aerial spraying shall be thoroughly 

8 investigated and evaluated, and fair compensation 

9 paid in a timely manner for meritorious claims: Pro10 vided further, That the Secretary of State shall sub11 mit a report to the Committees on Appropriations 

12 not later than 6 months after enactment of this Act 

13 and 6 months thereafter, detailing the complaints 

14 made during the previous 6 months, the investiga15 tions conducted, and the amount of compensation, if 

16 any: Provided further, That none of the funds appro17 priated by this Act or prior Acts making appropria18 tions for the Department of State, foreign oper19 ations, and related programs may be made available 

20 for assistance for successor organizations to the Co21 lombian Departamento Administrativo de Seguridad: 

22 Provided further, That none of the funds appro23 priated by this Act shall be made available for the 

24 cultivation or processing of African oil palm. 
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1 (2) COLOMBIAN ARMED FORCES.—Of the funds 

2 appropriated by this Act that are available for as3 sistance for the Colombian Armed Forces, 25 per4 cent may be obligated only if the Secretary of State 

5 consults with, and subsequently certifies and submits 

6 a report to, the Committees on Appropriations that 

7 the Government of Colombia and Colombian Armed 

8 Forces are meeting the conditions that appear under 

9 this section in the report accompanying this Act: 

10 Provided, That the requirement to withhold funds 

11 from obligation shall not apply with respect to funds 

12 made available under the heading ‘‘International 

13 Narcotics Control and Law Enforcement’’ in this 

14 Act for continued support for the Critical Flight 

15 Safety Program or for any alternative development 

16 programs in Colombia administered by the Bureau 

17 of International Narcotics and Law Enforcement Af18 fairs of the Department of State: Provided further, 

19 That not less than 30 days prior to making the cer20 tification the Secretary of State shall consult with 

21 Colombian and international human rights organiza22 tions. 

23 (3) ILLEGAL ARMED GROUPS.— 

24 (A) DENIAL OF VISAS.—Subject to sub25 paragraph (B), the Secretary of State shall not 
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1 issue a visa to any alien about whom the Sec2 retary has credible information— 

3 (i) has willfully provided any support 

4 to or benefitted from the Revolutionary 

5 Armed Forces of Colombia (FARC), the 

6 National Liberation Army (ELN), the 

7 United Self-Defense Forces of Colombia 

8 (AUC), or other illegal armed groups, in9 cluding taking actions or failing to take ac10 tions which allow, facilitate, or otherwise 

11 foster the activities of such groups; or 

12 (ii) has committed, ordered, incited, 

13 assisted, or otherwise participated in the 

14 commission of a violation of human rights 

15 in Colombia. 

16 (B) WAIVER.—Subparagraph (A) shall not 

17 apply if the Secretary of State certifies to the 

18 Committees on Appropriations, on a case-by19 case basis, that the issuance of a visa to the 

20 alien is necessary to support the peace process 

21 in Colombia or for urgent humanitarian rea22 sons. 

23 (b) GUATEMALA.—Funds appropriated by this Act 

24 under the headings ‘‘International Military Education and 

25 Training’’ (IMET) and ‘‘Foreign Military Financing Pro-
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1 gram’’ that are available for assistance for Guatemala may 

2 be made available only for the Guatemalan Air Force, 

3 Navy, and Army Corps of Engineers: Provided, That ex4 panded IMET may be made available for assistance for 

5 the Guatemalan Army. 

6 (c) HAITI.—The Government of Haiti shall be eligible 

7 to purchase defense articles and services under the Arms 

8 Export Control Act (22 U.S.C. 2751 et seq.) for the Coast 

9 Guard. 

10 (d) HONDURAS.—(1) Of the funds appropriated by 

11 this Act that are available for assistance for Honduran 

12 military and police forces, 25 percent may be obligated 

13 only if the Secretary of State reports in writing to the 

14 Committees on Appropriations that the Government of 

15 Honduras and Honduran military and police forces are 

16 meeting the conditions that appear under this section in 

17 the report accompanying this Act. 

18 (2) The restriction in paragraph (1) shall not apply 

19 to assistance to promote transparency, anti-corruption, 

20 and the rule of law within the military and police forces. 

21 (e) MEXICO.—(1) Of the funds appropriated by this 

22 Act that are available for assistance for Mexican military 

23 and police forces, 15 percent may be obligated only if the 

24 Secretary of State reports in writing to the Committees 

25 on Appropriations that the Government of Mexico and 
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1 Mexican military and police forces are meeting the condi2 tions that appear under this section in the report accom3 panying this Act. 

4 (2) The restriction in paragraph (1) shall not apply 

5 to assistance to promote transparency, anti-corruption, 

6 and the rule of law within the military and police forces. 

7 (f) TRADE CAPACITY.—Of the funds appropriated by 

8 this Act, not less than $12,000,000 under the heading 

9 ‘‘Development Assistance’’ and not less than $12,000,000 

10 under the heading ‘‘Economic Support Fund’’ shall be 

11 made available for labor and environmental capacity build12 ing activities relating to free trade agreements with coun13 tries of Central America, Peru, the Dominican Republic, 

14 Colombia, and Mexico. 

15 (g) AIRCRAFT OPERATIONS AND MAINTENANCE.— 

16 To the maximum extent practicable, the costs of oper17 ations and maintenance, including fuel, of aircraft funded 

18 by this Act should be borne by the recipient country. 

19 SOUTH AND CENTRAL ASIA

20 SEC. 7046. (a) AFGHANISTAN.— 

21 (1) LIMITATION.—Of the funds appropriated 

22 under titles III, IV, and VIII of this Act, not more 

23 than $1,580,750,000 may be made available for as24 sistance for Afghanistan, including not more than 

25 $1,075,000,000 from funds appropriated under the 
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1 heading ‘‘Economic Support Fund’’ and not more 

2 than $450,000,000 from funds appropriated under 

3 the heading ‘‘International Narcotics Control and 

4 Law Enforcement’’. 

5 (2) CERTIFICATION.—None of the funds appro6 priated or otherwise made available by this Act 

7 under the headings ‘‘Economic Support Fund’’ and 

8 ‘‘International Narcotics Control and Law Enforce9 ment’’ may be obligated for assistance for the Gov10 ernment of Afghanistan until the Secretary of State, 

11 in consultation with the USAID Administrator, cer12 tifies to the Committees on Appropriations that— 

13 (A) Funds will be used for programs and 

14 activities that can be sustained by the Govern15 ment of Afghanistan. 

16 (B) The Government of Afghanistan is— 

17 (i) reducing corruption and improving 

18 governance, including by investigating, 

19 prosecuting, sanctioning, or removing cor20 rupt officials from office and implementing 

21 financial transparency and accountability 

22 measures for government institutions and 

23 officials (including the Central Bank) as 

24 well as conducting oversight of public re25 sources; 
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1 (ii) implementing policies to protect 

2 due process of law; 

3 (iii) taking credible and consistent 

4 steps to protect the human rights of Af5 ghan women; 

6 (iv) taking significant steps to facili7 tate active public participation in govern8 ance and oversight; and 

9 (v) publishing mining contracts and 

10 associated project documents. 

11 (C) Funds will be used to support and 

12 strengthen the capacity of Afghan public and 

13 private institutions and entities to reduce cor14 ruption and to improve transparency and ac15 countability of national, provincial, and local 

16 governments, and such governments are actively 

17 supporting such efforts. 

18 (D) Representatives of Afghan national, 

19 provincial, or local governments, and local com20 munities and civil society organizations, includ21 ing women’s organizations, will be consulted 

22 and participate in the design of programs, 

23 projects, and activities, including participation 

24 in implementation and oversight, and the devel-
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1 opment of specific benchmarks to measure 

2 progress and outcomes. 

3 (3) ASSISTANCE.— 

4 (A) Funds appropriated or otherwise made 

5 available by this Act for assistance for Afghani6 stan may be made available as a United States 

7 contribution to the Afghanistan Reconstruction 

8 Trust Fund (ARTF) unless the Secretary of 

9 State determines and reports to the Committees 

10 on Appropriations that the World Bank Moni11 toring Agent of the ARTF is unable to conduct 

12 its financial control and audit responsibilities. 

13 (B) Funds appropriated under the head14 ings ‘‘Economic Support Fund’’ and ‘‘Inter15 national Narcotics Control and Law Enforce16 ment’’ in this Act that are available for assist17 ance for Afghanistan— 

18 (i) shall be made available in a man19 ner that emphasizes the equitable partici20 pation of Afghan women, prevents and re21 sponds to gender-based violence, and di22 rectly improves the security, economic and 

23 social well-being, and political status, and 

24 protects the rights of, Afghan women, 

25 girls, and boys and complies with section 
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1 7059 of this Act, including support for the 

2 Afghan Independent Human Rights Com3 mission, the Afghan Ministry of Women’s 

4 Affairs, and women-led organizations; and 

5 (ii) may be made available for a 

6 United States contribution to an inter7 nationally managed fund to support the 

8 reconciliation with and disarmament, de9 mobilization, and reintegration into Afghan 

10 society of former combatants who have re11 nounced violence against the Government 

12 of Afghanistan: Provided, That funds may 

13 be made available to support reconciliation 

14 and reintegration activities only if: 

15 (I) Afghan women are partici16 pating at national, provincial, and 

17 local levels of government in the de18 sign, policy formulation, and imple19 mentation of the reconciliation or re20 integration process, and such process 

21 protects the rights of Afghan women; 

22 and 

23 (II) such funds will not be used 

24 to support any pardon or immunity 

25 from prosecution, or any position in 
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1 the Government of Afghanistan or se2 curity forces, for any leader of an 

3 armed group responsible for crimes 

4 against humanity, war crimes, or acts 

5 of terrorism. 

6 (C) The authority contained in section 

7 1102(c) of Public Law 111–32 shall continue in 

8 effect during fiscal year 2013 and shall apply 

9 as if part of this Act. 

10 (D)(i) Of the funds appropriated by this 

11 Act that are made available for assistance for 

12 Afghanistan, not less than $75,000,000 shall be 

13 made available for rule of law programs: Pro14 vided, That decisions on the uses of such funds 

15 shall be the responsibility of the Coordinator for 

16 Rule of Law (the Coordinator), in consultation 

17 with the Interagency Planning and Implementa18 tion Team, at the United States Embassy in 

19 Kabul, Afghanistan. 

20 (ii) The Coordinator shall be consulted on 

21 the use of all funds appropriated by this Act for 

22 rule of law programs in Afghanistan. 

23 (E) Funds appropriated by this Act or any 

24 other Act that are available for the construction 

25 of any water, energy, transportation, or other 
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1 infrastructure assistance project in Afghanistan 

2 that is estimated to cost more than 

3 $15,000,000 and requires the concurrence of, 

4 or is developed jointly with, the Secretary of 

5 State or the USAID Administrator, should not 

6 receive such concurrence unless the Secretary 

7 or the Administrator, as appropriate, first re8 ports in writing to the Committees on Appro9 priations— 

10 (i) that the project is based on best 

11 development practices including lessons 

12 learned from recent audits of similar 

13 projects; 

14 (ii) that the Government of Afghani15 stan has a credible plan to sustain the 

16 project; and 

17 (iii) the contingency plan to mitigate 

18 the risk of sustainment failure. 

19 (F) None of the funds made available by 

20 this Act shall be used to support or continue 

21 any program or activity initially funded under 

22 the authority of the Task Force for Business 

23 and Stability Operations, unless the Secretary 

24 of State, in consultation with the USAID Ad25 ministrator and the Secretary of Defense, has 
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1 provided a detailed justification for such pro2 gram or activity to the Committees on Appro3 priations, including— 

4 (i) an explanation of why the Depart5 ment of Defense is no longer funding such 

6 program or activity; 

7 (ii) steps by the Government of Af8 ghanistan to include funding for such pro9 gram or activity in its national budget; 

10 (iii) benchmarks to measure the im11 pact of such program or activity; and 

12 (iv) a description of management con13 trols in place to ensure funds are used for 

14 intended purposes. 

15 (G) None of the funds appropriated or oth16 erwise made available by this Act may be used 

17 by the Government of the United States to 

18 enter into a permanent basing rights agreement 

19 between the United States and Afghanistan. 

20 (H) Any significant modification to the 

21 scope, objectives, or implementation mecha22 nisms of United States assistance programs in 

23 Afghanistan shall be subject to prior consulta24 tion with, and the regular notification proce25 dures of, the Committees on Appropriations, ex-
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1 cept that the prior consultation requirement 

2 may be waived in a manner consistent with sec3 tion 7015(e) of this Act. 

4 (I) Funds appropriated under titles III 

5 through VI of this Act that are made available 

6 for assistance for Afghanistan may be made 

7 available notwithstanding section 7012 of this 

8 Act or any similar provision of law and section 

9 660 of the Foreign Assistance Act of 1961. 

10 (J) Funds appropriated under titles III 

11 and IV of this Act for assistance for Afghani12 stan shall be matched, to the maximum extent 

13 practicable, from sources other than the Gov14 ernment of the United States. 

15 (4) REPORTS.— 

16 (A) The spend plan required by section 

17 7076 of this Act for assistance for Afghanistan 

18 shall include achievable and sustainable goals, 

19 benchmarks for measuring progress, and ex20 pected results regarding furthering development 

21 in Afghanistan and establishing conditions con22 ducive to the rule of law and transparent and 

23 accountable governance: Provided, That not 

24 later than 6 months after submission of such 

25 spend plan, and each 6 months thereafter until 
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1 September 30, 2014, the Secretary of State 

2 shall submit a report to the Committees on Ap3 propriations on the status of achieving the goals 

4 and benchmarks in such plan. 

5 (B) The Secretary of State should suspend 

6 assistance for the Government of Afghanistan if 

7 any report required by paragraph (A) indicates 

8 that Afghanistan is failing to make measurable 

9 progress in meeting such goals or benchmarks. 

10 (5) OVERSIGHT.—The Special Inspector Gen11 eral for Afghanistan Reconstruction and the Inspec12 tors General of the Department of State and 

13 USAID, shall jointly develop and submit to the 

14 Committees on Appropriations within 45 days of en15 actment of this Act a coordinated audit and inspec16 tion plan of United States assistance for, and civil17 ian operations in, Afghanistan. 

18 (b) NEPAL.— 

19 (1) Funds appropriated by this Act under the 

20 heading ‘‘Foreign Military Financing Program’’ may 

21 be made available for assistance for Nepal only if 

22 the Secretary of State certifies to the Committees on 

23 Appropriations that the Nepal Army is— 
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1 (A) cooperating fully with investigations 

2 and prosecutions of violations of human rights 

3 by civilian judicial authorities; and 

4 (B) working constructively to redefine the 

5 Nepal Army’s mission and adjust its size ac6 cordingly, implement reforms including 

7 strengthening the capacity of the civilian min8 istry of defense to improve budget transparency 

9 and accountability, and facilitate the integration 

10 of former rebel combatants into the security 

11 forces including the Nepal Army, consistent 

12 with the goals of reconciliation, peace and sta13 bility. 

14 (2) The conditions in paragraph (1) shall not 

15 apply to assistance for humanitarian relief and re16 construction activities in Nepal. 

17 (c) PAKISTAN.— 

18 (1) CERTIFICATION.— 

19 (A) None of the funds appropriated or oth20 erwise made available by this Act under the 

21 headings ‘‘Economic Support Fund’’, ‘‘Inter22 national Narcotics Control and Law Enforce23 ment’’, ‘‘Foreign Military Financing Program’’, 

24 and ‘‘Pakistan Counterinsurgency Capability 

25 Fund’’ for assistance for the Government of 
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1 Pakistan may be made available unless the Sec2 retary of State certifies to the Committees on 

3 Appropriations that the Government of Paki4 stan is— 

5 (i) cooperating with the United States 

6 in counterterrorism efforts against the 

7 Haqqani Network, the Quetta Shura 

8 Taliban, Lashkar e-Tayyiba, Jaish-e-Mo9 hammed, Al Qaeda, and other domestic 

10 and foreign terrorist organizations, includ11 ing taking steps to end support for such 

12 groups and prevent them from basing and 

13 operating in Pakistan and carrying out 

14 cross border attacks into neighboring coun15 tries; 

16 (ii) not supporting terrorist activities 

17 against United States or coalition forces in 

18 Afghanistan, and Pakistan’s military and 

19 intelligence agencies are not intervening 

20 extra-judicially into political and judicial 

21 processes in Pakistan; 

22 (iii) dismantling improvised explosive 

23 device (IED) networks and interdicting 

24 precursor chemicals used in the manufac25 ture of IEDs; 
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1 (iv) preventing the proliferation of nu2 clear-related material and expertise; 

3 (v) implementing policies to protect 

4 judicial independence and due process of 

5 law; 

6 (vi) issuing visas in a timely manner 

7 for United States visitors engaged in 

8 counterterrorism efforts and assistance 

9 programs in Pakistan; and 

10 (vii) providing humanitarian organiza11 tions access to detainees, internally dis12 placed persons, and other Pakistani civil13 ians affected by the conflict. 

14 (B) The Secretary of State may waive the 

15 requirements of subparagraph (A) if it is im16 portant to the national security interests of the 

17 United States. 

18 (2) ASSISTANCE.— 

19 (A) Of the funds appropriated under titles 

20 III, IV, and VIII of this Act, not more than 

21 $800,346,000 may be made available for assist22 ance for Pakistan, including not more than 

23 $375,000,000 from funds appropriated under 

24 the heading ‘‘Economic Support Fund’’, not 

25 more than $100,000,000 from funds appro-
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1 priated under the heading ‘‘International Nar2 cotics Control and Law Enforcement’’, not 

3 more than $250,000,000 from funds appro4 priated under the heading ‘‘Foreign Military Fi5 nancing Program’’, and not more than 

6 $50,000,000 from funds appropriated under the 

7 heading ‘‘Pakistan Counterinsurgency Capa8 bility Fund’’. 

9 (B) Funds appropriated by this Act under 

10 the headings ‘‘Foreign Military Financing Pro11 gram’’ and ‘‘Pakistan Counterinsurgency Capa12 bility Fund’’ for assistance for Pakistan may be 

13 made available only to support counterter14 rorism, counterinsurgency, and counterpiracy 

15 capabilities in Pakistan, and are subject to sec16 tion 620M of the Foreign Assistance Act of 

17 1961, as amended by this Act. 

18 (C) Funds appropriated by this Act under 

19 the heading ‘‘Economic Support Fund’’ that are 

20 available for assistance for Pakistan should be 

21 made available to interdict precursor materials 

22 from Pakistan to Afghanistan that are used to 

23 manufacture improvised explosive devices, in24 cluding calcium ammonium nitrate; to support 

25 programs to train border and customs officials 
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1 in Pakistan and Afghanistan; and for agricul2 tural extension programs that encourage alter3 native fertilizer use among Pakistani farmers. 

4 (D) Funds appropriated by this Act under 

5 the heading ‘‘Economic Support Fund’’ that are 

6 available for assistance for Pakistan may be 

7 made available for the Chief of Mission Fund, 

8 as authorized by section 101(c)(5) of Public 

9 Law 111–73. 

10 (E) Funds appropriated by this Act under 

11 the heading ‘‘Economic Support Fund’’ that are 

12 made available for assistance for infrastructure 

13 projects in Pakistan shall be implemented in a 

14 manner consistent with section 507(6) of the 

15 Trade Act of 1974 (19 U.S.C. 2467(6)). 

16 (F) Funds appropriated by this Act under 

17 titles III and IV for assistance for Pakistan 

18 may be made available notwithstanding any 

19 other provision of law, except for this sub20 section and section 620M of the Foreign Assist21 ance Act of 1961, as amended by this Act. 

22 (G) Of the funds appropriated by this Act 

23 under the heading ‘‘Foreign Military Financing 

24 Program’’ and made available for assistance for 

25 Pakistan, $33,000,000 shall be withheld from 
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1 obligation until the Secretary of State reports 

2 to the Committees on Appropriations that Dr. 

3 Shakil Afridi has been released from prison and 

4 cleared of all charged relating to the assistance 

5 provided to the United States in locating 

6 Osama bin Laden. 

7 (3) REPORTS.— 

8 (A)(i) The spend plan required by section 

9 7076 of this Act for assistance for Pakistan 

10 shall include achievable and sustainable goals, 

11 benchmarks for measuring progress, and ex12 pected results regarding furthering development 

13 in Pakistan, countering extremism, and estab14 lishing conditions conducive to the rule of law 

15 and transparent and accountable governance: 

16 Provided, That such benchmarks may incor17 porate those required in title III of Public Law 

18 111–73, as appropriate: Provided further, That 

19 not later than 6 months after submission of 

20 such spend plan, and each 6 months thereafter 

21 until September 30, 2014, the Secretary of 

22 State shall submit a report to the Committees 

23 on Appropriations on the status of achieving 

24 the goals and benchmarks in such plan. 
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1 (ii) The Secretary of State should suspend 

2 assistance for the Government of Pakistan if 

3 any report required by paragraph (A)(i) indi4 cates that Pakistan is failing to make measur5 able progress in meeting such goals or bench6 marks. 

7 (B) Not later than 90 days after enact8 ment of this Act, the Secretary of State shall 

9 submit a report to the Committees on Appro10 priations detailing the costs and objectives asso11 ciated with significant infrastructure projects 

12 supported by the United States in Pakistan, 

13 and an assessment of the extent to which such 

14 projects achieve such objectives. 

15 (d) SRI LANKA.— 

16 (1) None of the funds appropriated by this Act 

17 under the heading ‘‘Foreign Military Financing Pro18 gram’’ or under the Arms Export Control Act may 

19 be made available for assistance for Sri Lanka, no 

20 defense export license may be issued, and no mili21 tary equipment or technology shall be sold or trans22 ferred to Sri Lanka pursuant to the authorities con23 tained in this Act or any other Act, unless the Sec24 retary of State certifies to the Committees on Ap25 propriations that the Government of Sri Lanka is 
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1 meeting the conditions that appear under this sec2 tion in the report accompanying this Act. 

3 (2) Paragraph (1) shall not apply to assistance 

4 for humanitarian demining and aerial and maritime 

5 surveillance. 

6 (3) If the Secretary makes the certification re7 quired in paragraph (1), funds appropriated under 

8 the heading ‘‘Foreign Military Financing Program’’ 

9 that are made available for assistance for Sri Lanka 

10 should be used to support the recruitment and train11 ing of Tamils into the Sri Lankan military, Tamil 

12 language training for Sinhalese military personnel, 

13 and human rights training for all military personnel. 

14 (4) The Secretary of the Treasury shall instruct 

15 the United States executive directors of the inter16 national financial institutions to vote against any 

17 loan, agreement, or other financial support for Sri 

18 Lanka except to meet basic human needs, unless the 

19 Secretary of State certifies to the Committees on 

20 Appropriations that the Government of Sri Lanka is 

21 meeting the conditions that appear under this sec22 tion in the report accompanying this Act. 

23 (e) REGIONAL CROSS BORDER PROGRAMS.—Of the 

24 funds appropriated by this Act under the heading ‘‘Eco25 nomic Support Fund’’ that are available for assistance for 
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1 Afghanistan and Pakistan, not less than $15,000,000 

2 shall be made available, notwithstanding any other provi3 sion of law that restricts assistance to foreign countries, 

4 for cross border stabilization and development programs 

5 between Afghanistan and Pakistan or between either 

6 country and the Central Asian republics. 

7 PROHIBITION OF PAYMENTS TO UNITED NATIONS

8 MEMBERS

9 SEC. 7047. None of the funds appropriated or made 

10 available pursuant to titles III through VI of this Act for 

11 carrying out the Foreign Assistance Act of 1961, may be 

12 used to pay in whole or in part any assessments, arrear13 ages, or dues of any member of the United Nations or, 

14 from funds appropriated by this Act to carry out chapter 

15 1 of part I of the Foreign Assistance Act of 1961, the 

16 costs for participation of another country’s delegation at 

17 international conferences held under the auspices of multi18 lateral or international organizations. 

19 WAR CRIMES TRIBUNALS DRAWDOWN

20 SEC. 7048. If the President determines that doing so 

21 will contribute to a just resolution of charges regarding 

22 genocide or other violations of international humanitarian 

23 law, the President may direct a drawdown pursuant to sec24 tion 552(c) of the Foreign Assistance Act of 1961 of up 

25 to $30,000,000 of commodities and services for the United 
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1 Nations War Crimes Tribunal established with regard to 

2 the former Yugoslavia by the United Nations Security 

3 Council or such other tribunals or commissions as the 

4 Council may establish or authorize to deal with such viola5 tions, without regard to the ceiling limitation contained 

6 in paragraph (2) thereof: Provided, That the determina7 tion required under this section shall be in lieu of any de8 terminations otherwise required under section 552(c): Pro9 vided further, That funds made available pursuant to this 

10 section shall be made available subject to the regular noti11 fication procedures of the Committees on Appropriations. 

12 UNITED NATIONS

13 SEC. 7049. (a) TRANSPARENCY AND ACCOUNT14 ABILITY.— 

15 (1) Of the funds appropriated under title I and 

16 under the heading ‘‘International Organizations and 

17 Programs’’ in title V of this Act that are available 

18 for contributions to any United Nations agency or to 

19 the Organization of American States, 10 percent 

20 shall be withheld from obligation for such agency or 

21 organization if the agency or organization is not— 

22 (A) publishing on a publicly available Web 

23 site, consistent with privacy regulations and due 

24 process, regular financial and programmatic au25 dits of the agency or organization, and pro-
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1 viding the United States Government with nec2 essary access to such financial and performance 

3 audits; and 

4 (B) implementing best practices for the 

5 protection of whistleblowers from retaliation, in6 cluding for legal burdens of proof, access to 

7 independent adjudicative bodies, results that 

8 eliminate the effects of retaliation, and statutes 

9 of limitation for reporting retaliation. 

10 (2) The Secretary of State may waive the re11 striction in this subsection on a case-by-case basis if 

12 the Secretary determines and reports that to do so 

13 is in the national interest of the United States. 

14 (b) RESTRICTIONS ON UNITED NATIONS ORGANIZA15 TIONS.—None of the funds made available under title I 

16 of this Act may be used by the Secretary of State as a 

17 contribution to any organization, agency, commission, or 

18 program within the United Nations system if such organi19 zation, agency, commission, or program is chaired or pre20 sided over by a country, the government of which the Sec21 retary of State has determined, for purposes of section 

22 620A of the Foreign Assistance Act of 1961, section 40 

23 of the Arms Export Control Act, section 6(j)(1) of the Ex24 port Administration Act of 1979, or any other provision 

25 of law, is a government that has repeatedly provided sup-
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1 port for acts of international terrorism: Provided, That the 

2 Secretary of State may waive the restriction in this sub3 section if the Secretary determines and reports to the 

4 Committees on Appropriations that to do so is in the na5 tional interest of the United States. 

6 (c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 

7 Funds appropriated by this Act may be made available 

8 for voluntary contributions or payment of United States 

9 assessments in support of the United Nations Human 

10 Rights Council if the Secretary of State reports to the 

11 Committees on Appropriations that participation in the 

12 Council is in the national interest of the United States: 

13 Provided, That the Secretary of State shall report to the 

14 Committees on Appropriations not later than September 

15 30, 2013, on the resolutions considered in the United Na16 tions Human Rights Council during the previous 12 

17 months. 

18 (d) CAPITAL MASTER PLAN.—None of the funds ap19 propriated by this Act may be made available as a United 

20 States contribution for additional costs for the Capital 

21 Master Plan construction project for the United Nations 

22 Headquarters in New York. 

23 (e) REPORTING REQUIREMENT.—Not later than 45 

24 days after enactment of this Act, the Secretary of State 

25 shall submit a report to the Committees on Appropriation 
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1 detailing the amount of funds available for obligation or 

2 expenditure in fiscal year 2013 under the headings ‘‘Con3 tributions to International Organizations’’ and ‘‘Inter4 national Organizations and Programs’’ that are withheld 

5 from obligation or expenditure due to any provision of law: 

6 Provided, That the Secretary of State shall update such 

7 report each time additional funds are withheld by oper8 ation of any provision of law: Provided further, That the 

9 reprogramming of any withheld funds identified in such 

10 report, including updates thereof, shall be subject to prior 

11 consultation with, and the regular notification procedures 

12 of, the Committees on Appropriations. 

13 COMMUNITY-BASED POLICE ASSISTANCE

14 SEC. 7050. (a) AUTHORITY.—Funds made available 

15 by titles III and IV of this Act to carry out the provisions 

16 of chapter 1 of part I and chapters 4 and 6 of part II 

17 of the Foreign Assistance Act of 1961, may be used, not18 withstanding section 660 of that Act, to enhance the effec19 tiveness and accountability of civilian police authority 

20 through training and technical assistance in human rights, 

21 the rule of law, anti-corruption, strategic planning, and 

22 through assistance to foster civilian police roles that sup23 port democratic governance, including assistance for pro24 grams to prevent conflict, respond to disasters, address 
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1 gender-based violence, and foster improved police relations 

2 with the communities they serve. 

3 (b) NOTIFICATION.—Assistance provided under sub4 section (a) shall be subject to the regular notification pro5 cedures of the Committees on Appropriations. 

6 CONFERENCES

7 SEC. 7051. (a) ATTENDANCE AT INTERNATIONAL

8 CONFERENCES.—None of the funds made available in this 

9 Act may be used to send or otherwise pay for the attend10 ance of more than 50 employees of agencies or depart11 ments of the Government of the United States who are 

12 stationed in the United States, at any single international 

13 conference occurring outside the United States, unless the 

14 Secretary of State reports to the Committees on Appro15 priations at least 5 days in advance that the additional 

16 employees will not perform a redundant function and such 

17 attendance is important to the national interest: Provided, 

18 That for purposes of this section the term ‘‘international 

19 conference’’ shall mean a conference attended by rep20 resentatives of the Government of the United States and 

21 of foreign governments, international organizations, or 

22 nongovernmental organizations. 

23 (b) REPORTS ON CONFERENCE COSTS.— 

24 (1) The head of any department, agency, board, 

25 or commission funded by this Act shall submit semi- 
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1 annual reports to the Inspector General, or senior 

2 ethics official for any entity without an inspector 

3 general, of the appropriate department, agency, 

4 board, or commission regarding the costs and con5 tracting procedures relating to each conference held 

6 by such department, agency, board, or commission 

7 during fiscal year 2013 for which the cost to the 

8 United States Government was more than $20,000, 

9 and shall post such reports on their respective Web 

10 sites. 

11 (2) Each report submitted shall include, for 

12 each conference held during the applicable 6 month 

13 period— 

14 (A) a description of the purpose; 

15 (B) the number of participants attending; 

16 (C) a detailed statement of the cost to the 

17 United States Government; and 

18 (D) a description of the contracting proce19 dures. 

20 (3) A grant or contract funded by amounts ap21 propriated by this Act may not be used for the pur22 pose of defraying the cost of a conference that is not 

23 directly and programmatically related to the purpose 

24 for which the grant or contract was awarded. 
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1 (4) None of the funds made available by this 

2 Act may be used for travel and conference activities 

3 that are not in compliance with the Office of Man4 agement and Budget M–12–12 dated May 11, 2012. 

5 AIRCRAFT TRANSFER AND COORDINATION

6 SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith7 standing any other provision of law or regulation, aircraft 

8 procured with funds appropriated by this Act and prior 

9 Acts making appropriations for the Department of State, 

10 foreign operations, and related programs under the head11 ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 

12 Narcotics Control and Law Enforcement’’, ‘‘Andean 

13 Counterdrug Initiative’’ and ‘‘Andean Counterdrug Pro14 grams’’ may be used for any other program and in any 

15 region, including for the transportation of active and 

16 standby Civilian Response Corps personnel and equipment 

17 during a deployment: Provided, That the responsibility for 

18 policy decisions and justification for the use of such trans19 fer authority shall be the responsibility of the Secretary 

20 of State and the Deputy Secretary of State and this re21 sponsibility shall not be delegated. 

22 (b) PROPERTY DISPOSAL.—The authority provided 

23 in subsection (a) shall apply only after the Secretary of 

24 State determines and reports to the Committees on Appro25 priations that the equipment is no longer required to meet 
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1 programmatic purposes in the designated country or re2 gion: Provided, That any such transfer shall be subject 

3 to prior consultation with, and the regular notification 

4 procedures of, the Committees on Appropriations. 

5 (c) AIRCRAFT COORDINATION.— 

6 (1) The uses of aircraft purchased or leased by 

7 the Department of State and USAID with funds 

8 made available in this Act or prior Acts making ap9 propriations for the Department of State, foreign 

10 operations, and related programs shall be coordi11 nated under the authority of the appropriate Chief 

12 of Mission: Provided, That such aircraft may be 

13 used to transport, on a reimbursable or non-reim14 bursable basis, Federal and non-Federal personnel 

15 supporting Department of State and USAID pro16 grams and activities: Provided further, That official 

17 travel for other agencies for other purposes may be 

18 supported on a reimbursable basis, or without reim19 bursement when traveling on a space available basis: 

20 Provided further, That in fiscal year 2013 and there21 after, funds received by the Department of State for 

22 the use of aircraft owned, leased, or chartered by the 

23 Department of State may be credited to the Depart24 ment’s Working Capital Fund and shall be available 
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1 for expenses related to the purchase, lease, mainte2 nance, chartering, or operation of such aircraft. 

3 (2) The requirement and authorities of this 

4 subsection shall only apply to aircraft, the primary 

5 purpose of which is the transportation of personnel. 

6 PARKING FINES AND REAL PROPERTY TAXES OWED BY

7 FOREIGN GOVERNMENTS

8 SEC. 7053. The terms and conditions of section 7055 

9 of division F of Public Law 111–117 shall apply to this 

10 Act: Provided, That the date ‘‘September 30, 2009’’ in 

11 subsection (f)(2)(B) shall be deemed to be ‘‘September 30, 

12 2012’’. 

13 LANDMINES AND CLUSTER MUNITIONS

14 SEC. 7054. (a) LANDMINES.—Notwithstanding any 

15 other provision of law, demining equipment available to 

16 USAID and the Department of State and used in support 

17 of the clearance of landmines and unexploded ordnance 

18 for humanitarian purposes may be disposed of on a grant 

19 basis in foreign countries, subject to such terms and condi20 tions as the Secretary of State may prescribe. 

21 (b) CLUSTER MUNITIONS.—No military assistance 

22 shall be furnished for cluster munitions, no defense export 

23 license for cluster munitions may be issued, and no cluster 

24 munitions or cluster munitions technology shall be sold or 

25 transferred, unless— 
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1 (1) the submunitions of the cluster munitions, 

2 after arming, do not result in more than 1 percent 

3 unexploded ordnance across the range of intended 

4 operational environments; and 

5 (2) the agreement applicable to the assistance, 

6 transfer, or sale of such cluster munitions or cluster 

7 munitions technology specifies that the cluster muni8 tions will only be used against clearly defined mili9 tary targets and will not be used where civilians are 

10 known to be present or in areas normally inhabited 

11 by civilians. 

12 PROHIBITION ON PUBLICITY OR PROPAGANDA

13 SEC. 7055. No part of any appropriation contained 

14 in this Act shall be used for publicity or propaganda pur15 poses within the United States not authorized before the 

16 date of the enactment of this Act by the Congress: Pro17 vided, That not to exceed $25,000 may be made available 

18 to carry out the provisions of section 316 of Public Law 

19 96–533. 

20 LIMITATION ON RESIDENCE EXPENSES

21 SEC. 7056. Of the funds appropriated or made avail22 able pursuant to title II of this Act, not to exceed 

23 $100,500 shall be for official residence expenses of the 

24 United States Agency for International Development dur25 ing the current fiscal year. 
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1 UNITED STATES AGENCY FOR INTERNATIONAL

2 DEVELOPMENT MANAGEMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 

5 the funds made available in title III of this Act to carry 

6 out the provisions of part I of the Foreign Assistance Act 

7 of 1961 may be used by USAID to hire and employ indi8 viduals in the United States and overseas on a limited ap9 pointment basis pursuant to the authority of sections 308 

10 and 309 of the Foreign Service Act of 1980. 

11 (b) RESTRICTIONS.— 

12 (1) The number of individuals hired in any fis13 cal year pursuant to the authority contained in sub14 section (a) may not exceed 175. 

15 (2) The authority to hire individuals contained 

16 in subsection (a) shall expire on September 30, 

17 2014. 

18 (c) CONDITIONS.—The authority of subsection (a) 

19 should only be used to the extent that an equivalent num20 ber of positions that are filled by personal services contrac21 tors or other non-direct hire employees of USAID, who 

22 are compensated with funds appropriated to carry out part 

23 I of the Foreign Assistance Act of 1961 are eliminated. 

24 (d) PROGRAM ACCOUNT CHARGED.—The account 

25 charged for the cost of an individual hired and employed 
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1 under the authority of this section shall be the account 

2 to which such individual’s responsibilities primarily relate: 

3 Provided, That funds made available to carry out this sec4 tion may be transferred to, and merged with, funds appro5 priated by this Act in title II under the heading ‘‘Oper6 ating Expenses’’. 

7 (e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi8 viduals hired and employed by USAID, with funds made 

9 available in this Act or prior Acts making appropriations 

10 for the Department of State, foreign operations, and re11 lated programs, pursuant to the authority of section 309 

12 of the Foreign Service Act of 1980, may be extended for 

13 a period of up to 4 years notwithstanding the limitation 

14 set forth in such section. 

15 (f) DISASTER SURGE CAPACITY.—Funds appro16 priated under title III of this Act to carry out part I of 

17 the Foreign Assistance Act of 1961 may be used, in addi18 tion to funds otherwise available for such purposes, for 

19 the cost (including the support costs) of individuals de20 tailed to or employed by USAID whose primary responsi21 bility is to carry out programs in response to natural or 

22 man-made disasters subject to the regular notification 

23 procedures of the Committees on Appropriations. 

24 (g) PERSONAL SERVICES CONTRACTORS.—Funds ap25 propriated by this Act to carry out chapter 1 of part I, 
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1 chapter 4 of part II, and section 667 of the Foreign As2 sistance Act of 1961, and title II of the Agricultural Trade 

3 Development and Assistance Act of 1954, may be used 

4 by USAID to employ up to 40 personal services contrac5 tors in the United States, notwithstanding any other pro6 vision of law, for the purpose of providing direct, interim 

7 support for new or expanded overseas programs and ac8 tivities managed by the agency until permanent direct hire 

9 personnel are hired and trained: Provided, That not more 

10 than 15 of such contractors shall be assigned to any bu11 reau or office: Provided further, That such funds appro12 priated to carry out title II of the Agricultural Trade De13 velopment and Assistance Act of 1954, may be made avail14 able only for personal services contractors assigned to the 

15 Office of Food for Peace. 

16 (h) SMALL BUSINESS.—In entering into multiple 

17 award indefinite-quantity contracts with funds appro18 priated by this Act, USAID may provide an exception to 

19 the fair opportunity process for placing task orders under 

20 such contracts when the order is placed with any category 

21 of small or small disadvantaged business. 

22 (i) SENIOR FOREIGN SERVICE LIMITED APPOINT23 MENTS.—Individuals hired pursuant to the authority pro24 vided by section 7059(o) of division F of Public Law 111– 

25 117 may be assigned to or support programs in Iraq, Af-
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1 ghanistan, or Pakistan with funds made available in this 

2 Act and prior Acts making appropriations for the Depart3 ment of State, foreign operations, and related programs. 

4 GLOBAL HEALTH ACTIVITIES

5 SEC. 7058. (a) IN GENERAL.—Funds appropriated 

6 by titles III and IV of this Act that are made available 

7 for bilateral assistance for global health activities includ8 ing activities relating to research on, and the prevention, 

9 treatment and control of, HIV/AIDS may be made avail10 able notwithstanding any other provision of law except for 

11 provisions under the heading ‘‘Global Health Programs’’ 

12 and the United States Leadership Against HIV/AIDS, 

13 Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 

14 22 U.S.C. 7601 et seq.), as amended: Provided, That of 

15 the funds appropriated under title III of this Act, not less 

16 than $700,000,000 should be made available for family 

17 planning/reproductive health, including in areas where 

18 population growth threatens biodiversity or endangered 

19 species. 

20 (b) GLOBAL FUND.—Not later than September 30, 

21 2013, the Secretary of State shall submit a report to the 

22 Committees on Appropriations assessing progress by the 

23 Global Fund to Fight AIDS, Tuberculosis, and Malaria 

24 (Global Fund) in implementing the recommendations con25 tained in the Final Report of the High-Level Independent 
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1 Review Panel on Fiduciary Controls and Oversight Mecha2 nisms of the Global Fund (the Final Report): Provided, 

3 That the Secretary of State should consider withholding 

4 a portion of the United States contribution to the Global 

5 Fund, if necessary, to further the implementation of such 

6 recommendations, subject to prior consultation with the 

7 Committees on Appropriations, but any such withholding 

8 shall not be in addition to funds that are withheld from 

9 the Global Fund in fiscal year 2013 pursuant to the appli10 cation of any other provision contained in this or any other 

11 Act. 

12 (c) PANDEMIC RESPONSE.—If the President deter13 mines and reports to the Committees on Appropriations 

14 that a pandemic virus is efficient and sustained, severe, 

15 and is spreading internationally, funds made available 

16 under titles III, IV, and VIII in this Act and prior Acts 

17 making appropriations for the Department of State, for18 eign operations, and related programs may be made avail19 able to combat such virus: Provided, That funds made 

20 available pursuant to the authority of this subsection shall 

21 be subject to prior consultation with, and the regular noti22 fication procedures of, the Committees on Appropriations. 

23 (d) CHALLENGE GRANTS.—Funds appropriated by 

24 this Act under the heading ‘‘Global Health Programs’’ 

25 that are administered by the Office of the United States 
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1 Global HIV/AIDS Coordinator and made available for pro2 grams to combat HIV/AIDS, shall be made available as 

3 challenge grants in countries receiving assistance from the 

4 Global Fund to Fight AIDS, Tuberculosis and Malaria 

5 (the Global Fund): Provided, That the purpose of such 

6 challenge grants shall be to leverage funding from host 

7 country governments, multilateral organizations, including 

8 the World Bank, and/or other donor governments for ac9 tivities supported by the Global Fund: Provided further, 

10 That not later than 180 days after implementation of a 

11 challenge grants program, the Secretary of State shall 

12 submit a report to the Committees on Appropriations as13 sessing the ability of such program to increase funding 

14 for activities supported by the Global Fund from sources 

15 other than the United States Government and rec16 ommendations for improving such program. 

17 GENDER PROGRAMS

18 SEC. 7059. (a) GENDER EQUALITY.— 

19 (1) Of the funds appropriated by this Act, not 

20 less than $1,650,000,000 shall be made available for 

21 gender programs. 

22 (2) The Secretary of State and the USAID Ad23 ministrator shall make every effort to integrate a 

24 focus on gender equality in Department of State and 

25 USAID headquarters and overseas operations, in-
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1 cluding in strategic planning and budget allocations, 

2 and in monitoring and evaluation of the impact of 

3 United States policies and programs on women and 

4 girls in foreign countries, as appropriate. 

5 (3) Funds appropriated by this Act shall be 

6 made available to promote gender equality in United 

7 States Government diplomatic and development ef8 forts by raising the status, increasing the participa9 tion, and protecting the rights of women and girls 

10 worldwide, including by— 

11 (A) expanding access to education and 

12 health services for women and girls; 

13 (B) providing women and girls access to 

14 legal and other protective services; 

15 (C) expanding economic opportunities for 

16 poor women, including increasing the number 

17 and capacity of women-owned enterprises that 

18 employ the poor and very poor, improving prop19 erty rights for women, increasing access to fi20 nancial services and capital for women living in 

21 poverty, enhancing the role of women in eco22 nomic decision-making and the ability of women 

23 to participate in local, national, and global mar24 kets; 
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1 (D) focusing on reducing disparities be2 tween women’s and men’s access to, control 

3 over, and ability to benefit economically, politi4 cally, and socially from resources and services; 

5 (E) ensuring that programs to strengthen 

6 food security and agricultural development take 

7 into account the unique needs of women, in par8 ticular increasing women’s assets and 

9 prioritizing access to inputs, technologies, and 

10 technical assistance for women farmers; and 

11 (F) increasing the participation of women 

12 in the planning, implementation, monitoring, 

13 and evaluation of such efforts, including by 

14 building the capacity of women-focused organi15 zations. 

16 (b) WOMEN’S POLITICAL LEADERSHIP.—Of the 

17 funds appropriated under the headings ‘‘Development As18 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

19 Fund’’, and ‘‘Middle East and North Africa Incentive 

20 Fund’’ in this Act, not less than $50,000,000 shall be 

21 made available for programs and activities to increase po22 litical opportunities for women in countries where women 

23 and girls suffer severe forms of discrimination due to law, 

24 policy, or practice, by strengthening protections for wom25 en’s political status, expanding women’s participation in 
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1 political parties and elections, and increasing women’s ac2 cess to leadership positions in government at the local, 

3 provincial, and national levels. 

4 (c) GENDER-BASED VIOLENCE.— 

5 (1) Of the funds appropriated under the head6 ings ‘‘Global Health Programs’’, ‘‘Development As7 sistance’’, ‘‘Economic Support Fund’’, ‘‘Democracy 

8 Fund’’, ‘‘Middle East and North Africa Incentive 

9 Fund’’, and ‘‘International Narcotics Control and 

10 Law Enforcement’’ in this Act, not less than 

11 $150,000,000 shall be made available, notwith12 standing section 660 of the Foreign Assistance Act 

13 of 1961, to strengthen, expand, and implement a 

14 multi-year strategy to prevent and respond to gen15 der-based violence in countries where it is common 

16 in conflict and non-conflict settings, and funds ap17 propriated under the headings ‘‘International Dis18 aster Assistance’’, ‘‘Transition Initiatives’’, ‘‘Com19 plex Crises Fund’’, ‘‘Migration and Refugee Assist20 ance’’, and ‘‘Emergency Refugee and Migration As21 sistance’’ should be made available for such efforts. 

22 (2) Department of State and USAID gender 

23 programs shall incorporate coordinated efforts to 

24 combat a variety of forms of gender-based violence, 

25 including child marriage, rape, female genital cut-
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1 ting and mutilation, and domestic violence, among 

2 other forms of gender-based violence in conflict and 

3 non-conflict settings. 

4 (3) Programs and activities funded under titles 

5 III and IV of this Act to train foreign police, judi6 cial, and military personnel, including for inter7 national peacekeeping operations, shall address, 

8 where appropriate, prevention and response to gen9 der-based violence and trafficking in persons, not10 withstanding section 660 of the Foreign Assistance 

11 Act of 1961, and shall promote the integration of 

12 women into the police and other security forces of 

13 their countries. 

14 (d) STRATEGY TO IMPLEMENT THE NATIONAL AC15 TION PLAN.— 

16 (1) Of the funds appropriated under titles III 

17 and IV (but not including funds appropriated under 

18 the headings ‘‘Development Assistance’’ and ‘‘Inter19 national Disaster Assistance’’) in this Act, not less 

20 than $50,000,000 shall be made available to support 

21 a multi-year strategy to fully implement the United 

22 States National Action Plan on Women, Peace, and 

23 Security, including to expand, and improve coordina24 tion of, United States Government efforts to em25 power women as equal partners in conflict preven-
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1 tion, peace building, transitional processes, and re2 construction efforts in countries affected by conflict 

3 or in political transitions which may perpetuate the 

4 inequality of, and discrimination and violence 

5 against, women and girls, and to ensure their equal 

6 access to relief and recovery assistance. 

7 (2) The Secretary of State shall submit a report 

8 to the Committees on Appropriations not later than 

9 120 days after enactment of this Act describing the 

10 strategy required in paragraph (1) and how existing 

11 programs are being redesigned to directly and con12 cretely implement such strategy. 

13 (e) Funds made available by this Act for assistance 

14 for women and girls shall be made available notwith15 standing any other provision of law: Provided, That noth16 ing in this section shall be construed to alter any existing 

17 statutory prohibitions against abortion or involuntary 

18 sterilizations contained in this or any other Act. 

19 SECTOR ALLOCATIONS

20 SEC. 7060. (a) BASIC AND HIGHER EDUCATION.— 

21 (1) BASIC EDUCATION.—Of the funds appro22 priated by title III of this Act, up to $800,000,000 

23 may be made available for assistance for basic edu24 cation, including as a contribution to the Global 

25 Partnership for Education. 
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1 (2) HIGHER EDUCATION.—Of the funds appro2 priated by title III of this Act, not less than 

3 $215,000,000 shall be made available for assistance 

4 for higher education, of which $25,000,000 shall be 

5 to support such programs in Africa, including for 

6 partnerships between higher education institutions 

7 in Africa and the United States. 

8 (b) DEVELOPMENT GRANTS PROGRAM.—Of the 

9 funds appropriated in title III of this Act, not less than 

10 $45,000,000 shall be made available for the Development 

11 Grants Program established pursuant to section 674 of 

12 the Department of State, Foreign Operations, and Related 

13 Programs Appropriations Act, 2008 (division J of Public 

14 Law 110–161), primarily for unsolicited proposals for ac15 tivities within any sector, to support grants of not more 

16 than $2,000,000 to small nongovernmental organizations: 

17 Provided, That funds made available under this subsection 

18 are in addition to other funds available for such purposes 

19 including funds designated by this Act by subsection (f). 

20 (c) ENVIRONMENT AND ENERGY.— 

21 (1) IN GENERAL.—Of the funds appropriated 

22 by this Act, not less than $1,155,000,000 shall be 

23 made available for environment and energy pro24 grams. 
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1 (2) CLEAN ENERGY PROGRAMS.—The limitation 

2 in section 7081(b) of division F of Public Law 111– 

3 117 shall continue in effect during fiscal year 2013 

4 as if part of this Act: Provided, That the proviso 

5 contained in such section shall not apply. 

6 (3) ADAPTATION PROGRAMS.—Funds appro7 priated by this Act may be made available for 

8 United States contributions to the Least Developed 

9 Countries Fund, the Special Climate Change Fund, 

10 the Forest Carbon Partnership Facility, the Green 

11 Climate Fund, and the Partnership for Market 

12 Readiness to support adaptation and mitigation pro13 grams and activities. 

14 (4) SUSTAINABLE LANDSCAPES AND BIODIVER15 SITY PROGRAMS.—Of the funds appropriated under 

16 title III of this Act, not less than $111,000,000 shall 

17 be made available for sustainable landscapes pro18 grams and, in addition, not less than $200,000,000 

19 shall be made available to protect biodiversity, in20 cluding not less than $2,000,000 to implement and 

21 enforce section 8204 of Public Law 110–246, and 

22 shall not be used to support or promote industrial 

23 scale logging in areas of tropical forest where no 

24 such logging occured prior to the date of enactment 

25 of this Act: Provided, That funds made available for 
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1 the Central African Regional Program for the Envi2 ronment and other tropical forest programs in the 

3 Congo Basin for the United States Fish and Wildlife 

4 Service (USFWS) shall be apportioned directly to 

5 the USFWS: Provided further, That funds made 

6 available for the Department of the Interior (DOI) 

7 for programs in the Mayan Biosphere Reserve shall 

8 be apportioned directly to the DOI: Provided further, 

9 That such funds shall also support programs to pro10 tect great apes in Africa and Indonesia, and other 

11 endangered species. 

12 (5) AUTHORITY.—Funds appropriated by this 

13 Act to carry out the provisions of sections 103 

14 through 106, and chapter 4 of part II, of the For15 eign Assistance Act of 1961 may be used, notwith16 standing any other provision of law except for the 

17 provisions of this subsection and subject to the reg18 ular notification procedures of the Committees on 

19 Appropriations, to support programs and activities 

20 specified in this section. 

21 (6) EXTRACTION OF NATURAL RESOURCES.— 

22 (A) Funds appropriated by this Act shall 

23 be made available to promote and support 

24 transparency and accountability of expenditures 

25 and revenues related to the extraction of nat-
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1 ural resources, including by strengthening im2 plementation and monitoring of the Extractive 

3 Industries Transparency Initiative, imple4 menting and enforcing section 8204 of Public 

5 Law 110–246 and the Kimberley Process Cer6 tification Scheme, and providing technical as7 sistance to promote independent audit mecha8 nisms and support civil society participation in 

9 natural resource management. 

10 (B)(i) The Secretary of the Treasury shall 

11 inform the managements of the international fi12 nancial institutions and post on the Department 

13 of the Treasury’s Web site that it is the policy 

14 of the United States to vote against any assist15 ance by such institutions (including but not lim16 ited to any loan, credit, grant, or guarantee) for 

17 the extraction and export of a natural resource 

18 if the government of the country has in place 

19 laws or regulations to prevent or limit the pub20 lic disclosure of company payments as required 

21 by section 1504 of Public Law 111–203, and 

22 unless such government has in place func23 tioning systems in the sector in which assist24 ance is being considered for— 
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1 (I) accurately accounting for and pub2 lic disclosure of payments to the host gov3 ernment by companies involved in the ex4 traction and export of natural resources; 

5 (II) the independent auditing of ac6 counts receiving such payments and public 

7 disclosure of the findings of such audits; 

8 and 

9 (III) public disclosure of such docu10 ments as Host Government Agreements, 

11 Concession Agreements, and bidding docu12 ments, allowing in any such dissemination 

13 or disclosure for the redaction of, or excep14 tions for, information that is commercially 

15 proprietary or that would create competi16 tive disadvantage. 

17 (ii) The requirements of clause (i) shall not 

18 apply to assistance for the purpose of building 

19 the capacity of such government to meet the re20 quirements of this subparagraph. 

21 (C) The Secretary of the Treasury or the 

22 Secretary of State, as appropriate, shall in23 struct the United States executive director of 

24 each international financial institution and the 

25 United States representatives to all forest-re-
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1 lated multilateral financing mechanisms and 

2 processes to vote against industrial scale log3 ging in areas of tropical forest where no such 

4 logging occured prior to the date of enactment 

5 of this Act. 

6 (D) The Secretary of the Treasury shall 

7 instruct the executive director of each inter8 national financial institution to vote against the 

9 construction of any coal-fired power plant that 

10 does not meet United States Government emis11 sions requirements for new coal-fired power 

12 plants, and absent a thorough, independent as13 sessment including public consultation indi14 cating that a mix of conservation and efficiency 

15 measures, and renewable energy alternatives, 

16 cannot together produce comparable amounts of 

17 electricity at comparable cost over the lifetime 

18 of the plant. 

19 (7) CONTINUATION OF PRIOR LAW.—Section 

20 7081(g)(2) and (4) of division F of Public Law 111– 

21 117 shall continue in effect during fiscal year 2013 

22 as if part of this Act. 

23 (d) FOOD SECURITY AND AGRICULTURE DEVELOP24 MENT.—Of the funds appropriated by title III of this Act, 

25 not less than $1,200,000,000 should be made available for 
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1 food security and agriculture development programs, of 

2 which $32,000,000 shall be made available for Collabo3 rative Research Support Programs: Provided, That such 

4 funds may be made available notwithstanding any other 

5 provision of law to address food shortages, and may be 

6 made available for a United States contribution to the en7 dowment of the Global Crop Diversity Trust pursuant to 

8 section 3202 of Public Law 110–246. 

9 (e) MICROENTERPRISE AND MICROFINANCE.—Of the 

10 funds appropriated by this Act, not less than 

11 $265,000,000 should be made available for microenter12 prise and microfinance development programs for the 

13 poor, especially women: Provided, That notwithstanding 

14 the requirements of sections 254 (a)(1) and (2) of the 

15 Foreign Assistance Act of 1961, the USAID Adminis16 trator may certify, pursuant to section 254(a)(3) of such 

17 Act, poverty assessment tools developed by an organiza18 tion other than USAID. 

19 (f) RECONCILIATION PROGRAMS.— 

20 (1) Of the funds appropriated by this Act under 

21 the headings ‘‘Economic Support Fund’’ and ‘‘De22 velopment Assistance’’, $26,000,000 shall be made 

23 available to support people-to-people reconciliation 

24 programs which bring together individuals of dif25 ferent ethnic, religious, and political backgrounds 
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1 from areas of civil strife and war, of which 

2 $10,000,000 shall be made available for such pro3 grams in the Middle East: Provided, That the 

4 USAID Administrator shall consult with the Com5 mittees on Appropriations, prior to the initial obliga6 tion of funds, on the uses of such funds: Provided 

7 further, That to the maximum extent practicable, 

8 such funds shall be matched by sources other than 

9 the United States Government. 

10 (2) Funds appropriated by this Act under the 

11 headings ‘‘Economic Support Fund’’ and ‘‘Develop12 ment Assistance’’ may be made available for a ‘‘New 

13 Generation in the Middle East’’ initiative to build 

14 understanding, tolerance, and mutual respect among 

15 the next generation of Israeli and Palestinian lead16 ers. 

17 (g) TRAFFICKING IN PERSONS.—Of the funds appro18 priated by this Act under the headings ‘‘Development As19 sistance’’, ‘‘Economic Support Fund’’, and ‘‘International 

20 Narcotics Control and Law Enforcement’’, not less than 

21 $39,000,000 shall be made available for activities to com22 bat trafficking in persons internationally. 

23 (h) WATER AND SANITATION.—Of the funds appro24 priated by this Act, not less than $400,000,000 shall be 

25 made available for water and sanitation supply projects 
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1 pursuant to the Senator Paul Simon Water for the Poor 

2 Act of 2005 (Public Law 109–121). 

3 (i) NOTIFICATION REQUIREMENTS.—Authorized de4 viations from funding levels contained in this section shall 

5 be subject to the regular notification procedures of the 

6 Committees on Appropriations. 

7 CENTRAL ASIA

8 SEC. 7061. The terms and conditions of subsections 

9 (a) through (d) of section 7075 and subsections (a) 

10 through (e) of section 7076 of the Department of State, 

11 Foreign Operations, and Related Programs Appropria12 tions Act, 2009 (division H of Public Law 111–8) shall 

13 apply to funds appropriated by this Act, except that the 

14 Secretary of State may waive the application of section 

15 7076(a) for a period of not more than 6 months and every 

16 6 months thereafter until September 30, 2014, if the Sec17 retary certifies to the Committees on Appropriations that 

18 the waiver is in the national security interest and nec19 essary to obtain access to and from Afghanistan for the 

20 United States, and the waiver includes an assessment of 

21 progress, if any, by the Government of Uzbekistan in 

22 meeting the requirements in section 7076(a): Provided, 

23 That the Secretary of State, in consultation with the Sec24 retary of Defense, shall submit a report to the Committees 

25 on Appropriations not later than 180 days after enactment 
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1 of this Act and 12 months thereafter, on all United States 

2 Government assistance provided to the Government of Uz3 bekistan and expenditures made in support of the North4 ern Distribution Network in Uzbekistan, including any 

5 credible information that such assistance or expenditures 

6 are being diverted for corrupt purposes: Provided further, 

7 That information provided in the assessment and report 

8 required by the previous provisos shall be unclassified but 

9 may be accompanied by a classified annex and such annex 

10 shall indicate the basis for such classification: Provided 

11 further, That for the purposes of the application of section 

12 7075(c) to this Act, the report shall be submitted not later 

13 than October 1, 2013, and for the purposes of the applica14 tion of section 7076(e) to this Act, the term ‘‘assistance’’ 

15 shall not include expanded international military edu16 cation and training. 

17 REQUESTS FOR DOCUMENTS

18 SEC. 7062. None of the funds appropriated or made 

19 available pursuant to titles III through VI of this Act shall 

20 be available to a nongovernmental organization, including 

21 any contractor, which fails to provide upon timely request 

22 any document, file, or record necessary to the auditing re23 quirements of the United States Agency for International 

24 Development. 
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1 OVERSEAS PRIVATE INVESTMENT CORPORATION

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 7063. (a) Whenever the President determines 

4 that it is in furtherance of the purposes of the Foreign 

5 Assistance Act of 1961, up to a total of $20,000,000 of 

6 the funds appropriated under title III of this Act may be 

7 transferred to, and merged with, funds appropriated by 

8 this Act for the Overseas Private Investment Corporation 

9 Program Account, to be subject to the terms and condi10 tions of that account: Provided, That such funds shall not 

11 be available for administrative expenses of the Overseas 

12 Private Investment Corporation: Provided further, That 

13 designated funding levels in this Act shall not be trans14 ferred pursuant to this section: Provided further, That the 

15 exercise of such authority shall be subject to the regular 

16 notification procedures of the Committees on Appropria17 tions. 

18 (b) Notwithstanding section 235(a)(2) of the Foreign 

19 Assistance Act of 1961, the authority of subsections (a) 

20 through (c) of section 234 of such Act shall remain in 

21 effect until September 30, 2013. 

22 INTERNATIONAL PRISON CONDITIONS

23 SEC. 7064. (a) Not later than 180 days after enact24 ment of this Act, the Secretary of State shall submit to 

25 the Committees on Appropriations a report, which shall 
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1 also be made publicly available including on the Depart2 ment of State’s Web site, describing— 

3 (1) conditions in prisons and other detention fa4 cilities in countries whose governments receive 

5 United States assistance and which the Secretary 

6 determines raise serious human rights or humani7 tarian concerns; and 

8 (2) the extent to which such governments are 

9 taking steps to eliminate such conditions. 

10 (b) For purposes of each determination made pursu11 ant to subsection (a), the Secretary shall consider the cri12 teria listed in paragraphs (1) through (10) of subsection 

13 (b) of section 7085 of division F of Public Law 111–117. 

14 (c) Of the funds appropriated under the headings 

15 ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, 

16 and ‘‘International Narcotics Control and Law Enforce17 ment’’ in this Act and prior Acts making appropriations 

18 for the Department of State, foreign operations, and re19 lated programs, not less than $5,000,000 shall be made 

20 available, notwithstanding section 660 of the Foreign As21 sistance Act of 1961, for assistance to eliminate such con22 ditions: Provided, That decisions regarding the uses of 

23 such funds shall be the responsibility of the Assistant Sec24 retary of State for the Bureau of Democracy, Human 

25 Rights, and Labor, in consultation with USAID’s Assist-
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1 ant Administrator for the Bureau for Democracy, Conflict, 

2 and Humanitarian Assistance, as appropriate. 

3 PROHIBITION ON USE OF TORTURE

4 SEC. 7065. (a) None of the funds made available in 

5 this Act may be used to support or justify the use of tor6 ture, cruel, or inhumane treatment. 

7 (b) Funds appropriated by this Act to carry out the 

8 provisions of chapters 1, 10, 11, and 12 of part I and 

9 chapter 4 of part II of the Foreign Assistance Act of 1961 

10 shall be made available, notwithstanding section 660 of 

11 the Foreign Assistance Act of 1961, for assistance to 

12 eliminate torture by foreign police, military or other secu13 rity forces in countries receiving assistance from funds ap14 propriated by this Act that are identified in the Depart15 ment of State’s most recent Country Reports on Human 

16 Rights Practices. 

17 EXTRADITION

18 SEC. 7066. (a) None of the funds appropriated in this 

19 Act may be used to provide assistance (other than funds 

20 provided under the headings ‘‘International Narcotics 

21 Control and Law Enforcement’’, ‘‘Migration and Refugee 

22 Assistance’’, ‘‘Emergency Migration and Refugee Assist23 ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 

24 and Related Assistance’’) for the central government of 

25 a country which has notified the Department of State of 
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1 its refusal to extradite to the United States any individual 

2 indicted for a criminal offense for which the maximum 

3 penalty is life imprisonment without the possibility of pa4 role or for killing a law enforcement officer, as specified 

5 in a United States extradition request. 

6 (b) Subsection (a) shall only apply to the central gov7 ernment of a country with which the United States main8 tains diplomatic relations and with which the United 

9 States has an extradition treaty and the government of 

10 that country is in violation of the terms and conditions 

11 of the treaty. 

12 (c) The Secretary of State may waive the restriction 

13 in subsection (a) on a case-by-case basis if the Secretary 

14 certifies to the Committees on Appropriations that such 

15 waiver is important to the national interests of the United 

16 States. 

17 COMMERCIAL LEASING OF DEFENSE ARTICLES

18 SEC. 7067. Notwithstanding any other provision of 

19 law, and subject to the regular notification procedures of 

20 the Committees on Appropriations, the authority of sec21 tion 23(a) of the Arms Export Control Act may be used 

22 to provide financing to Israel, Egypt and NATO and 

23 major non-NATO allies for the procurement by leasing 

24 (including leasing with an option to purchase) of defense 

25 articles from United States commercial suppliers, not in-
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1 cluding Major Defense Equipment (other than helicopters 

2 and other types of aircraft having possible civilian applica3 tion), if the President determines that there are compel4 ling foreign policy or national security reasons for those 

5 defense articles being provided by commercial lease rather 

6 than by government-to-government sale under such Act. 

7 INDEPENDENT STATES OF THE FORMER SOVIET UNION

8 SEC. 7068. (a) None of the funds appropriated by 

9 this Act shall be made available for assistance for a gov10 ernment of an Independent State of the former Soviet 

11 Union if that government directs any action in violation 

12 of the territorial integrity or national sovereignty of any 

13 other Independent State of the former Soviet Union, such 

14 as those violations included in the Helsinki Final Act: Pro15 vided, That such funds may be made available without re16 gard to the restriction in this subsection if the President 

17 determines that to do so is in the national security interest 

18 of the United States. 

19 (b) Funds appropriated by this Act under the heading 

20 ‘‘Economic Support Fund’’ may be made available, not21 withstanding any other provision of law, for assistance and 

22 related programs for the countries identified in section 

23 3(c) of the Support for Eastern European Democracy 

24 (SEED) Act of 1989 (Public Law 101–179) and section 

25 3 of the FREEDOM Support Act (Public Law 102–511) 
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1 and may be used to carry out the provisions of those Acts: 

2 Provided, That such assistance and related programs from 

3 funds appropriated by this Act under the headings ‘‘Global 

4 Health Programs’’, ‘‘Economic Support Fund’’, ‘‘Democ5 racy Fund’’, ‘‘International Narcotics Control and Law 

6 Enforcement’’, ‘‘Nonproliferation, Anti-terrorism, 

7 Demining, and Related Programs’’, ‘‘International Mili8 tary Education and Training’’, and ‘‘Foreign Military Fi9 nancing Program’’ shall be administered in accordance 

10 with the responsibilities of the coordinator designated pur11 suant to section 601 of the Support for Eastern European 

12 Democracy (SEED) Act of 1989 (Public Law 101–179) 

13 and section 102 of the FREEDOM Support Act (Public 

14 Law 102–511). 

15 (c) Section 907 of the FREEDOM Support Act shall 

16 not apply to— 

17 (1) activities to support democracy or assist18 ance under title V of the FREEDOM Support Act 

19 and section 1424 of Public Law 104–201 or non20 proliferation assistance; 

21 (2) any assistance provided by the Trade and 

22 Development Agency under section 661 of the For23 eign Assistance Act of 1961 (22 U.S.C. 2421); 
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1 (3) any activity carried out by a member of the 

2 United States and Foreign Commercial Service while 

3 acting within his or her official capacity; 

4 (4) any insurance, reinsurance, guarantee, or 

5 other assistance provided by the Overseas Private 

6 Investment Corporation under title IV of chapter 2 

7 of part I of the Foreign Assistance Act of 1961 (22 

8 U.S.C. 2191 et seq.); 

9 (5) any financing provided under the Export10 Import Bank Act of 1945; or 

11 (6) humanitarian assistance. 

12 INTERNATIONAL MONETARY FUND

13 SEC. 7069. (a) The terms and conditions of sections 

14 7086(b) (1) and (2) and 7090(a) of division F of Public 

15 Law 111–117 shall apply to this Act. 

16 (b) The Secretary of the Treasury shall instruct the 

17 United States Executive Director of the International 

18 Monetary Fund (IMF) to seek to ensure that any loan 

19 will be repaid to the IMF before other private creditors. 

20 (c) The Secretary of the Treasury shall seek to ensure 

21 that the IMF is implementing best practices for the pro22 tection of whistleblowers from retaliation, including best 

23 practices for legal burdens of proof, access to independent 

24 adjudicative bodies, results that eliminate the effects of 
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1 retaliation, and statutes of limitation for reporting retalia2 tion. 

3 REPRESSION IN THE RUSSIAN FEDERATION

4 SEC. 7070. (a) None of the funds appropriated under 

5 the heading ‘‘Economic Support Fund’’ in this Act may 

6 be made available for the Government of the Russian Fed7 eration, after 180 days from the date of the enactment 

8 of this Act, unless the Secretary of State certifies to the 

9 Committees on Appropriations that the Government of the 

10 Russian Federation— 

11 (1) has implemented no statute, Executive 

12 order, regulation or similar government action that 

13 would discriminate, or which has as its principal ef14 fect discrimination, against religious groups or reli15 gious communities in the Russian Federation in vio16 lation of accepted international agreements on 

17 human rights and religious freedoms to which the 

18 Russian Federation is a party; 

19 (2) is honoring its international obligations re20 garding freedom of expression, assembly, and press, 

21 as well as due process; 

22 (3) is investigating and prosecuting law enforce23 ment personnel credibly alleged to have committed 

24 human rights abuses against political leaders, activ25 ists and journalists; and 
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1 (4) is immediately releasing political leaders, 

2 activists and journalists who remain in detention. 

3 (b) The Secretary of State may waive the require4 ments of subsection (a) if the Secretary determines that 

5 to do so is important to the national interests of the 

6 United States. 

7 PROHIBITION ON FIRST-CLASS TRAVEL

8 SEC. 7071. None of the funds made available in this 

9 Act may be used for first-class travel by employees of 

10 agencies funded by this Act in contravention of sections 

11 301–10.122 through 301–10.124 of title 41, Code of Fed12 eral Regulations. 

13 DISABILITY PROGRAMS

14 SEC. 7072. (a) Of the funds appropriated by this Act 

15 under the heading ‘‘Economic Support Fund’’, not less 

16 than $5,000,000 shall be made available for programs and 

17 activities administered by USAID to address the needs 

18 and protect and promote the rights of people with disabil19 ities in developing countries, including initiatives that 

20 focus on independent living, economic self-sufficiency, ad21 vocacy, education, employment, transportation, sports, 

22 and integration of individuals with disabilities, including 

23 for the cost of translation. 

24 (b) Funds appropriated under the heading ‘‘Oper25 ating Expenses’’ in title II of this Act shall be made avail-
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1 able to develop and implement training for staff in over2 seas USAID missions to promote the full inclusion and 

3 equal participation of people with disabilities in developing 

4 countries. 

5 (c) Of the funds made available by this section, up 

6 to 7 percent may be for management, oversight, and tech7 nical support. 

8 ENTERPRISE FUNDS

9 SEC. 7073. (a) Prior to the distribution of any assets 

10 resulting from any liquidation, dissolution, or winding up 

11 of an Enterprise Fund, in whole or in part, the President 

12 shall submit to the Committees on Appropriations, in ac13 cordance with the regular notification procedures of the 

14 Committees on Appropriations, a plan for the distribution 

15 of the assets of the Enterprise Fund. 

16 (b) Funds made available under titles III through VI 

17 of this Act for Enterprise Funds shall be expended at the 

18 minimum rate necessary to make timely payment for 

19 projects and activities and no such funds may be available 

20 except through the regular notification procedures of the 

21 Committees on Appropriations. 

22 CONSULAR AFFAIRS

23 SEC. 7074. The Secretary of State shall implement 

24 the necessary steps, including hiring a sufficient number 

25 of consular officers to include limited non-career appoint-
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1 ment officers, in the People’s Republic of China, Brazil, 

2 and India to reduce or maintain the wait time to interview 

3 a visa applicant to 3 weeks after a visa application has 

4 been submitted: Provided, That exceptions to this stand5 ard may occur due to security considerations and to en6 sure adequate provision of consular services to United 

7 States citizens. 

8 PROCUREMENT REFORM

9 SEC. 7075. Section 7077 of division I of Public Law 

10 112–74 shall continue in effect during fiscal year 2013: 

11 Provided, That subsection (b)(3) of such section is amend12 ed to read as follows— 

13 ‘‘(3) either is— 

14 ‘‘(A) a for-profit entity majority owned and 

15 operated by individuals who are citizens or law16 ful permanent residents of; or 

17 ‘‘(B) a non-profit entity majority operated 

18 and managed by individuals who are citizens or 

19 lawful permanent residents of; 

20 ‘‘a country receiving assistance from funds appropriated 

21 under title III of this Act.’’. 

22 OPERATING AND SPEND PLANS

23 SEC. 7076. (a) OPERATING PLANS.—Not later than 

24 45 days after the date of enactment of this Act, each de25 partment, agency or organization funded in titles I and 
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1 II, and the Department of the Treasury shall submit to 

2 the Committees on Appropriations an operating plan for 

3 funds appropriated to such department, agency, or organi4 zation in such titles of this Act, or funds otherwise avail5 able for obligation in fiscal year 2013, that provides de6 tails of the use of such funds at the program, project, and 

7 activity level: Provided, That such operating plans shall 

8 be subject to the regular notification procedures of the 

9 Committees on Appropriations. 

10 (b) SPEND PLANS.—Prior to the initial obligation of 

11 funds, the Secretary of State, in consultation with the 

12 USAID Administrator, shall submit to the Committees on 

13 Appropriations a detailed spend plan for funds made avail14 able in titles III and IV of this Act for assistance for Iraq, 

15 Afghanistan, Pakistan, and the West Bank and Gaza, and 

16 for food security and agriculture development programs 

17 and environment programs. 

18 (c) NOTIFICATIONS.—The spend plans referenced in 

19 subsection (b) shall be subject to prior consultation with 

20 the Committees on Appropriations and shall not be consid21 ered as meeting the notification requirements under sec22 tion 7015 of this Act or under section 634A of the Foreign 

23 Assistance Act of 1961. 
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1 SPECIAL DEFENSE ACQUISITION FUND

2 SEC. 7077. Not to exceed $100,000,000 may be obli3 gated pursuant to section 51(c)(2) of the Arms Export 

4 Control Act for the purposes of the Special Defense Acqui5 sition Fund (Fund), to remain available for obligation 

6 until September 30, 2016: Provided, That the provision 

7 of defense articles and defense services to foreign coun8 tries or international organizations from the Fund shall 

9 be subject to the concurrence of the Secretary of State. 

10 UNITED NATIONS POPULATION FUND

11 SEC. 7078. (a) CONTRIBUTION.—Of the funds made 

12 available under the heading ‘‘International Organizations 

13 and Programs’’ in this Act for fiscal year 2013, 

14 $44,500,000 shall be made available for the United Na15 tions Population Fund (UNFPA). 

16 (b) AVAILABILITY OF FUNDS.—Funds appropriated 

17 by this Act for UNFPA, that are not made available for 

18 UNFPA because of the operation of any provision of law, 

19 shall be transferred to the ‘‘Global Health Programs’’ ac20 count and shall be made available for family planning, ma21 ternal, and reproductive health activities, subject to the 

22 regular notification procedures of the Committees on Ap23 propriations. 

24 (c) PROHIBITION ON USE OF FUNDS IN CHINA.— 

25 None of the funds made available by this Act may be used 
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1 by UNFPA for a country program in the People’s Repub2 lic of China. 

3 (d) CONDITIONS ON AVAILABILITY OF FUNDS.— 

4 Funds made available by this Act for UNFPA may not 

5 be made available unless— 

6 (1) UNFPA maintains funds made available by 

7 this Act in an account separate from other accounts 

8 of UNFPA and does not commingle such funds with 

9 other sums; and 

10 (2) UNFPA does not fund abortions. 

11 AUTHORIZATION FOR SELECTIVE CAPITAL INCREASE

12 SEC. 7079. Section 70 of the Bretton Woods Agree13 ments Act (22 U.S.C. 286 et seq.), is amended in sub14 section (b) by adding at the end the following: 

15 ‘‘(3) In order to pay for the increase in the 

16 United States subscription to the Bank under sub17 section (a)(1)(B), there are authorized to be appro18 priated, without fiscal year limitation, 

19 $4,639,501,466 for payment by the Secretary of the 

20 Treasury. 

21 ‘‘(4) Of the amount authorized to be appro22 priated under paragraph (1)(A)(i), $278,370,088 

23 shall be for paid in shares of the Bank; and (ii) 

24 $4,361,131,378 shall be for callable shares of the 

25 Bank.’’. 
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1 COMMUNITY DEVELOPMENT FUNDS

2 SEC. 7080. Funds appropriated by this Act to carry 

3 out part I of the Foreign Assistance Act of 1961 which 

4 are made available through grants or cooperative agree5 ments to strengthen food security in developing countries 

6 and which are consistent with the goals of title II of the 

7 Food for Peace Act, may be deemed to be expended on 

8 nonemergency food assistance for purposes of section 

9 412(e)(1) of the Food for Peace Act, 7 U.S.C. 

10 1736f(e)(1). 

11 UNITED STATES EXPORT PROMOTION ACTIVITIES

12 SEC. 7081. Not later than 180 days after enactment 

13 of this Act, the Secretary of State, in consultation with 

14 the Secretary of the Treasury, the USAID Administrator, 

15 the Secretary of Commerce, and the heads of the Export16 Import Bank of the United States, Overseas Private In17 vestment Corporation, United States Trade and Develop18 ment Agency, and other relevant Federal agencies, shall 

19 submit a report to the Committees on Appropriations de20 tailing programs and activities supported by the Depart21 ment of State and such agencies to promote exports of 

22 United States goods and services worldwide, particularly 

23 to Africa, and a plan for improving inter-agency coordina24 tion in efforts to— 
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1 (1) increase exports of United States goods and 

2 services; 

3 (2) align United States commercial interests 

4 with development priorities in each region; 

5 (3) facilitate the development of relationships 

6 between the governments of, and businesses in, other 

7 countries with United States businesses; 

8 (4) enhance the competitiveness of United 

9 States businesses overseas; and 

10 (5) encourage a greater understanding among 

11 United States business and financial communities of 

12 potential markets in other countries for United 

13 States exports. 

14 HEAVILY INDEBTED POOR COUNTRIES AUTHORIZATION

15 SEC. 7082. Section 501(i) of title V of H.R. 3425 

16 as enacted into law by section 1000(a)(5) of Public Law 

17 106–113, as amended by section 699H(b)(1) of division 

18 J of Public Law 110–161, is further amended by striking 

19 ‘‘2000–2010’’ and inserting in lieu thereof ‘‘2000–2015’’. 

20 FRAUD PREVENTION AND DETECTION FEES

21 SEC. 7083. In addition to the uses permitted pursu22 ant to Section 286(v)(2)(A) of the Immigration and Na23 tionality Act (8 U.S.C. 1356(v)(2)(A)), the Secretary of 

24 State may also use fees deposited into the Fraud Preven25 tion and Detection Account for programs and activities: 
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1 (1) to increase the number of personnel assigned to the 

2 function of preventing and detecting visa fraud; and (2) 

3 to purchase, lease, construct, and staff facilities used for 

4 the processing of the class of visas described in subpara5 graphs (H)(i), (H)(ii), or (L) of section 101(a)(15) of that 

6 Act. 

7 BORDER CROSSING CARD FEE FOR MINORS

8 SEC. 7084. Section 410(a)(1)(A) of title IV of the 

9 Department of State and Related Agencies Appropriations 

10 Act, 1999 (contained in division A of Public Law 105– 

11 277) is amended by striking ‘‘a fee of $13’’ and inserting 

12 ‘‘a fee of not to exceed half the amount of the fee that 

13 would otherwise apply for processing a machine readable 

14 combined border crossing identification card and non15 immigrant visa, and may be increased not more than 50 

16 percent in a fiscal year’’. 

17 BUYING POWER MAINTENANCE, INTERNATIONAL

18 ORGANIZATIONS

19 SEC. 7085. (a) There may be established in the 

20 Treasury of the United States a ‘‘Buying Power Mainte21 nance, International Organizations’’ account. 

22 (b) At the end of each fiscal year, the Secretary of 

23 State may transfer to and merge with ‘‘Buying Power 

24 Maintenance, International Organizations’’ such amounts 

25 from ‘‘Contributions to International Organizations’’ as 
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1 the Secretary determines are in excess of the needs of ac2 tivities funded from ‘‘Contributions to International Orga3 nizations’’ because of fluctuations in foreign currency ex4 change rates. 

5 (c) In order to offset adverse fluctuations in foreign 

6 currency exchange rates, the Secretary of State may 

7 transfer to and merge with ‘‘Contributions to Inter8 national Organizations’’ such amounts from ‘‘Buying 

9 Power Maintenance, International Organizations’’ as the 

10 Secretary determines are necessary to provide for the ac11 tivities funded from ‘‘Contributions to International Orga12 nizations’’. 

13 (d)(1) Subject to the limitations contained in this sec14 tion, not later than the end of the fifth fiscal year after 

15 the fiscal year for which funds are appropriated or other16 wise made available for ‘‘Contributions to International 

17 Organizations’’, the Secretary of State may transfer any 

18 unobligated balance of such funds to the ‘‘Buying Power 

19 Maintenance, International Organizations’’ account. 

20 (2) The balance of the Buying Power Maintenance, 

21 International Organizations account may not exceed 

22 $50,000,000 as a result of any transfer under this sub23 section. 

24 (3) Any transfer pursuant to this subsection shall be 

25 treated as a reprogramming of funds under section 34 of 
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1 the State Department Basic Authorities Act of 1956 (22 

2 U.S.C. 2706) and shall be available for obligation or ex3 penditure only in accordance with the procedures under 

4 such section. 

5 (e)(1) Funds transferred to the ‘‘Buying Power 

6 Maintenance, International Organizations’’ account pur7 suant to this section shall remain available until expended. 

8 (2) The transfer authorities in this section shall be 

9 available for funds appropriated for fiscal year 2013 and 

10 for each fiscal year thereafter, and are in addition to any 

11 transfer authority otherwise available to the Department 

12 of State under other provisions of law. 

13 DEPARTMENT OF STATE ORGANIZATION

14 SEC. 7086. The Secretary of State may transfer any 

15 authority, duty, or function assigned by statute to the Co16 ordinator for Counterterrorism, the Coordinator for Re17 construction and Stabilization, or the Coordinator for 

18 International Energy Affairs (or to their respective of19 fices) to such other officials or offices of the Department 

20 of State as the Secretary may determine from time to 

21 time. 

22 HIV/AIDS WORKING CAPITAL FUND

23 SEC. 7087. Funds available in the HIV/AIDS Work24 ing Capital Fund (in this section referred to as the 

25 ‘‘Fund’’) established pursuant to section 525(b)(1) of the 
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1 Foreign Operations, Export Financing, and Related Pro2 grams Appropriations Act, 2005 (Public Law 108–477) 

3 may be made available for pharmaceuticals and other 

4 products for other global health and child survival activi5 ties to the same extent as HIV/AIDS pharmaceuticals and 

6 other products, subject to the terms and conditions in such 

7 section: Provided, That the authority in section 525(b)(5) 

8 of the Foreign Operations, Export Financing, and Related 

9 Programs Appropriations Act, 2005 (Public Law 108– 

10 477) shall not be exercised by the Coordinator of the 

11 United States Activities to Combat HIV/AIDS Globally 

12 with respect to funds deposited for non-HIV/AIDS phar13 maceuticals and other products. 

14 WORKING CAPITAL FUND

15 SEC. 7088. (a) The USAID Administrator (the Ad16 ministrator) is authorized to establish a Working Capital 

17 Fund (in this section referred to as the ‘‘Fund’’). 

18 (b) Funds deposited in the Fund during any fiscal 

19 year shall be available without fiscal year limitation and 

20 used, in addition to other funds available for such pur21 poses, for agency procurement reform efforts and related 

22 administrative costs: Provided, That such expenses may 

23 include— 

24 (1) personal and non-personal services; 

25 (2) training; 
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1 (3) supplies; and 

2 (4) other administrative costs related to the im3 plementation of procurement reform and manage4 ment of the Fund. 

5 (c) There may be deposited during any fiscal year in 

6 the Fund up to 1 percent of the total value of obligations 

7 entered into by USAID from appropriations available to 

8 USAID and any appropriation made available for the pur9 pose of providing capital: Provided, That receipts from the 

10 disposal of, or repayments for the loss or damage to, prop11 erty held in the Fund, rebates, reimbursements, refunds 

12 and other credits applicable to the operation of the Fund 

13 may be deposited into the Fund. 

14 (d) Not later than 45 days after enactment of this 

15 Act and any subsequent Act making appropriations for the 

16 Department of State, foreign operations, and related pro17 grams, the Administrator shall submit to the Committees 

18 on Appropriations an operating plan for funds deposited 

19 in the Fund, which shall include the percentage to be 

20 charged for the current fiscal year. 

21 (e) At the close of fiscal year 2013 and at the close 

22 of each fiscal year thereafter, the Administrator shall de23 termine the amounts in excess of the needs of the Fund 

24 for that fiscal year and shall transfer out of the Fund any 

25 excess amounts to any of the original appropriation ac-
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1 counts from which deposits were made: Provided, That 

2 such transferred funds shall remain available without fis3 cal year limitation: Provided further, That the Adminis4 trator shall report to the Committees on Appropriation the 

5 excess amounts and to which appropriation accounts the 

6 excess funds will be transferred: Provided further, That 

7 such transfers shall be subject to the regular notification 

8 procedures of the Committees on Appropriations. 

9 PILOT PROGRAMS IN AFRICA

10 SEC. 7089. (a) Of the funds appropriated by this Act 

11 under the headings ‘‘Global Health Programs’’ and ‘‘De12 velopment Assistance’’, not less than $15,000,000 shall be 

13 made available for a pilot program to address health and 

14 development challenges in Africa and increased economic 

15 engagement opportunities with the United States. 

16 (b) Of the funds appropriated by this Act under the 

17 headings ‘‘Economic Support Fund’’ and ‘‘International 

18 Narcotics Control and Law Enforcement’’, not less than 

19 $10,000,000 shall be made available for a pilot program 

20 to address security challenges in Africa. 

21 (c) Funds made available under subsections (a) and 

22 (b) shall be programmed in a manner that leverages a gov23 ernment-wide approach to addressing shared challenges 

24 and mutually beneficial opportunities, and shall be the re25 sponsibility of United States Chiefs of Mission in countries 
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1 in Africa seeking enhanced partnerships with the United 

2 States in the areas of trade, investment, development, 

3 health, and security: Provided further, That funds made 

4 available under this section shall be matched to the max5 imum extent practicable by sources other than the United 

6 States Government: Provided further, That the Secretary 

7 of State shall consult with the Committees on Appropria8 tions prior to the obligation of funds. 

9 (d) Up to 7 percent of the funds made available by 

10 subsections (a) and (b) respectively, may be made avail11 able, in addition to funds otherwise available for such pur12 poses, for the administrative costs of the Department of 

13 State and USAID incurred in implementing the pilot pro14 grams established by this section. 

15 CONSULAR NOTIFICATION COMPLIANCE

16 SEC. 7090. (a) PETITION FOR REVIEW.— 

17 (1) JURISDICTION.—Notwithstanding any other 

18 provision of law, a Federal court shall have jurisdic19 tion to review the merits of a petition claiming a vio20 lation of Article 36(1)(b) or (c) of the Vienna Con21 vention on Consular Relations, done at Vienna April 

22 24, 1963, or a comparable provision of a bilateral 

23 international agreement addressing consular notifi24 cation and access, filed by an individual convicted 
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1 and sentenced to death by any Federal or State 

2 court before the date of enactment of this Act. 

3 (2) STANDARD.—To obtain relief, an individual 

4 described in paragraph (1) shall make a showing of 

5 actual prejudice to the criminal conviction or sen6 tence as a result of the violation. The court may 

7 conduct an evidentiary hearing if necessary to sup8 plement the record and, upon a finding of actual 

9 prejudice, shall order a new trial or sentencing pro10 ceeding. 

11 (3) LIMITATIONS.— 

12 (A) INITIAL SHOWING.—To qualify for re13 view under this subsection, a petition must 

14 make an initial showing that— 

15 (i) a violation of Article 36(1)(b) or 

16 (c) of the Vienna Convention on Consular 

17 Relations, done at Vienna April 24, 1963, 

18 or a comparable provision of a bilateral 

19 international agreement addressing con20 sular notification and access, occurred with 

21 respect to the individual described in para22 graph (1); and 

23 (ii) if such violation had not occurred, 

24 the consulate would have provided assist25 ance to the individual. 
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1 (B) EFFECT OF PRIOR ADJUDICATION.—A 

2 petition for review under this subsection shall 

3 not be granted if the claimed violation described 

4 in paragraph (1) has previously been adju5 dicated on the merits by a Federal or State 

6 court of competent jurisdiction in a post-convic7 tion proceeding in which no Federal or State 

8 procedural bars were raised with respect to 

9 such violation and in which the court provided 

10 review equivalent to the review provided in this 

11 subsection, unless the adjudication of the claim 

12 resulted in a decision that was based on an un13 reasonable determination of the facts in light of 

14 the evidence presented in the prior Federal or 

15 State court proceeding. 

16 (C) FILING DEADLINE.—A petition for re17 view under this subsection shall be filed within 

18 1 year of the later of— 

19 (i) the date of enactment of this Act; 

20 (ii) the date on which the Federal or 

21 State court judgment against the indi22 vidual described in paragraph (1) became 

23 final by the conclusion of direct review or 

24 the expiration of the time for seeking such 

25 review; or 
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1 (iii) the date on which the impediment 

2 to filing a petition created by Federal or 

3 State action in violation of the Constitu4 tion or laws of the United States is re5 moved, if the individual described in para6 graph (1) was prevented from filing by 

7 such Federal or State action. 

8 (D) TOLLING.—The time during which a 

9 properly filed application for State post-convic10 tion or other collateral review with respect to 

11 the pertinent judgment or claim is pending 

12 shall not be counted toward the 1-year period of 

13 limitation. 

14 (E) TIME LIMIT FOR REVIEW.—A Federal 

15 court shall give priority to a petition for review 

16 filed under this subsection over all noncapital 

17 matters. With respect to a petition for review 

18 filed under this subsection and claiming only a 

19 violation described in paragraph (1), a Federal 

20 court shall render a final determination and 

21 enter a final judgment not later than one year 

22 after the date on which the petition is filed. 

23 (4) HABEAS PETITION.—A petition for review 

24 under this subsection shall be part of the first Fed25 eral habeas corpus application or motion for Federal 
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1 collateral relief under chapter 153 of title 28, United 

2 States Code, filed by an individual, except that if an 

3 individual filed a Federal habeas corpus application 

4 or motion for Federal collateral relief before the date 

5 of enactment of this Act or if such application is re6 quired to be filed before the date that is 1 year after 

7 the date of enactment of this Act, such petition for 

8 review under this subsection shall be filed not later 

9 than 1 year after the enactment date or within the 

10 period prescribed by paragraph (3)(C)(iii), whichever 

11 is later. No petition filed in conformity with the re12 quirements of the preceding sentence shall be consid13 ered a second or successive habeas corpus applica14 tion or subjected to any bars to relief based on pre15 enactment proceedings other than as specified in 

16 paragraph (2). 

17 (5) REFERRAL TO MAGISTRATE.—A Federal 

18 court acting under this subsection may refer the pe19 tition for review to a Federal magistrate for pro20 posed findings and recommendations pursuant to 28 

21 U.S.C. §636(b)(1)(B). 

22 (6) APPEAL.— 

23 (A) IN GENERAL.—A final order on a peti24 tion for review under paragraph (1) shall be 

25 subject to review on appeal by the court of ap-
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1 peals for the circuit in which the proceeding is 

2 held. 

3 (B) APPEAL BY PETITIONER.—An indi4 vidual described in paragraph (1) may appeal a 

5 final order on a petition for review under para6 graph (1) only if a district or circuit judge 

7 issues a certificate of appealability. A district 

8 judge or circuit judge may issue a certificate of 

9 appealability under this subparagraph if the in10 dividual has made a substantial showing of ac11 tual prejudice to the criminal conviction or sen12 tence of the individual as a result of a violation 

13 described in paragraph (1). 

14 (b) VIOLATION.— 

15 (1) IN GENERAL.—An individual not covered by 

16 subsection (a) who is arrested, detained, or held for 

17 trial on a charge that would expose the individual to 

18 a capital sentence if convicted may raise a claim of 

19 a violation of Article 36(1)(b) or (c) of the Vienna 

20 Convention on Consular Relations, done at Vienna 

21 April 24, 1963, or of a comparable provision of a bi22 lateral international agreement addressing consular 

23 notification and access, at a reasonable time after 

24 the individual becomes aware of the violation, before 
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1 the court with jurisdiction over the charge. Upon a 

2 finding of such a violation— 

3 (A) the consulate of the foreign state of 

4 which the individual is a national shall be noti5 fied immediately by the detaining authority, 

6 and consular access to the individual shall be 

7 afforded in accordance with the provisions of 

8 the Vienna Convention on Consular Relations, 

9 done at Vienna April 24, 1963, or the com10 parable provisions of a bilateral international 

11 agreement addressing consular notification and 

12 access; and 

13 (B) the court— 

14 (i) shall postpone any proceedings to 

15 the extent the court determines necessary 

16 to allow for adequate opportunity for con17 sular access and assistance; and 

18 (ii) may enter necessary orders to fa19 cilitate consular access and assistance. 

20 (2) EVIDENTIARY HEARINGS.—The court may 

21 conduct evidentiary hearings if necessary to resolve 

22 factual issues. 

23 (3) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection shall be construed to create any addi25 tional remedy. 
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1 (c) DEFINITIONS.—In this section— 

2 (1) the term ‘‘national of the United States’’ 

3 has the meaning given that term in section 

4 101(a)(22) of the Immigration and Nationality Act 

5 (8 U.S.C. 1101(a)(22)); and 

6 (2) the term ‘‘State’’ means any State of the 

7 United States, the District of Columbia, the Com8 monwealth of Puerto Rico, and any territory or pos9 session of the United States. 

10 EDUCATION FOUNDATION

11 SEC. 7091. (a) GRANTS AUTHORIZED.—The Sec12 retary of State may award one or more grants, using a 

13 transparent and competitive selection process, to the Viet14 nam Education Foundation, United States accredited in15 stitutions of higher education, or not-for-profit organiza16 tions engaged in promoting institutional innovation in Vi17 etnamese higher education: Provided, That grant funds 

18 awarded under this subsection shall be used to support 

19 the establishment of one or more independent, not-for20 profit academic institutions in Vietnam, which meet stand21 ards comparable to those required for accreditation in the 

22 United States under section 101(a)(5) of the Higher Edu23 cation Act of 1965 (20 U.S.C. 1001(a)(5)), with graduate 

24 level programs in public policy, management, and related 

25 fields, that support the equitable and sustainable socio-
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1 economic development of Vietnam, feature teaching and 

2 research components, promote the development of institu3 tional capacity and innovation in Vietnam, operate accord4 ing to core principles of good governance, are autonomous 

5 from the Government of Vietnam, and reflect the partici6 pation and support, including financial support, of local 

7 and international stakeholders: Provided further, That 

8 each entity desiring a grant under this subsection shall 

9 submit an application to the Secretary of State at such 

10 time, in such manner, and accompanied by such informa11 tion as the Secretary may reasonably require: Provided 

12 further, That the Secretary may use amounts from the 

13 Vietnam Debt Repayment Fund made available under sec14 tion 207(c) of the Vietnam Education Foundation Act of 

15 2000 (22 U.S.C. 2452 note) for grants authorized under 

16 this subsection and for carrying out the functions trans17 ferred to the Department of State pursuant to subsection 

18 (b): Provided further, That the Secretary shall submit an 

19 annual report to the Committees on Appropriations that 

20 summarizes the activities carried out under this subsection 

21 during the most recent fiscal year. 

22 (b) TRANSFER OF FUNCTIONS AND ASSETS.—All 

23 functions and assets of the Vietnam Education Founda24 tion, as of the day before the date of the enactment of 

25 this Act, are transferred to the Department of State. 
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1 (c) USE OF FUNDS.—In addition to the purpose set 

2 forth in paragraph (2) of section 207(c) of the Vietnam 

3 Education Foundation Act of 2000 (22 U.S.C. 2452 note), 

4 during each of the fiscal years 2012 through 2018, the 

5 amounts deposited into the Vietnam Debt Repayment 

6 Fund pursuant to paragraph (1) of such section shall be 

7 made available by the Secretary of the Treasury, upon the 

8 request of the Secretary of State, to the Department of 

9 State for the purposes of carrying out this section. 

10 ASSISTANCE FOR FOREIGN NONGOVERNMENTAL

11 ORGANIZATIONS

12 SEC. 7092. Part I of the Foreign Assistance Act of 

13 1961 (22 U.S.C. 2151 et seq.) is amended by inserting 

14 after section 104C the following new section: 

15 ‘‘SEC. 104D. ELIGIBILITY FOR ASSISTANCE. 

16 ‘‘Notwithstanding any other provision of law, regula17 tion, or policy, in determining eligibility for assistance au18 thorized under sections 104, 104A, 104B, and 104C— 

19 ‘‘(1) a foreign nongovernmental organization 

20 shall not be ineligible for such assistance solely on 

21 the basis of health or medical services, including 

22 counseling and referral services, provided by such or23 ganization with non-United States Government 

24 funds if such services are permitted in the country 

25 in which they are being provided and would not vio-
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1 late United States law if provided in the United 

2 States; and 

3 ‘‘(2) a foreign nongovernmental organization 

4 shall not be subject to requirements relating to the 

5 use of non-United States Government funds for ad6 vocacy and lobbying activities other than those that 

7 apply to United States nongovernmental organiza8 tions receiving assistance under this part.’’. 

9 USE OF FUNDS IN CONTRAVENTION OF THIS ACT

10 SEC. 7093. If the executive branch makes a deter11 mination not to comply with any provision of this Act on 

12 constitutional grounds, the head of the relevant Federal 

13 agency shall notify the Committees on Appropriations in 

14 writing within 5 days of such determination, the basis for 

15 such determination and any resulting changes to program 

16 and policy. 

17 TITLE VIII 

18 OVERSEAS CONTINGENCY OPERATIONS 

19 DEPARTMENT OF STATE 

20 ADMINISTRATION OF FOREIGN AFFAIRS

21 DIPLOMATIC AND CONSULAR PROGRAMS

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Diplomatic and Con24 sular Programs’’, $1,426,000,000, to remain available 

25 until September 30, 2014, of which $651,000,000 is for 
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1 Worldwide Security Protection and shall remain available 

2 until expended: Provided, That the Secretary of State may 

3 transfer up to $100,000,000 of the total funds made avail4 able under this heading to any other appropriation of any 

5 department or agency of the United States, upon the con6 currence of the head of such department or agency, to sup7 port operations in and assistance for Afghanistan and to 

8 carry out the provisions of the Foreign Assistance Act of 

9 1961: Provided further, That any such transfer shall be 

10 treated as a reprogramming of funds under subsections 

11 (a) and (b) of section 7015 of this Act and shall not be 

12 available for obligation or expenditure except in compli13 ance with the procedures set forth in that section: Pro14 vided further, That of the funds appropriated under this 

15 heading, not more than $1,071,513,000 may be made 

16 available for Department of State operations in Afghani17 stan, not more than $154,487,000 may be made available 

18 for such operations in Pakistan, and not more than 

19 $200,000,000 may be made available for such operations 

20 in Iraq: Provided further, That of the funds appropriated 

21 under this heading for operations and security programs 

22 in Afghanistan, 15 percent shall be withheld from obliga23 tion until the Secretary of State, in consultation with the 

24 Secretary of Defense and USAID Administrator, submits 

25 to the Committees on Appropriations the report on Af-
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1 ghanistan required under this heading in the report ac2 companying this Act: Provided further, That such amount 

3 is designated by the Congress for Overseas Contingency 

4 Operations pursuant to section 251(b)(2)(A) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 

6 OFFICE OF INSPECTOR GENERAL

7 For an additional amount for ‘‘Office of Inspector 

8 General’’, $55,900,000, to remain available until Sep9 tember 30, 2014, of which $6,000,000 shall be for the 

10 Special Inspector General for Iraq Reconstruction 

11 (SIGIR) for reconstruction oversight, and $49,900,000 

12 shall be for the Special Inspector General for Afghanistan 

13 Reconstruction (SIGAR) for reconstruction oversight: 

14 Provided, That the unobligated balances available for 

15 SIGIR under this heading remaining on March 24, 2013, 

16 shall be made available for SIGAR for Iraq-related recon17 struction oversight carried out pursuant to the two subse18 quent provisos: Provided further, That on March 24, 2013, 

19 all investigative functions and related personnel of SIGIR 

20 (including attorneys and related support personnel de21 tailed to the Department of Justice) shall be transferred 

22 to SIGAR, who shall thereafter exercise the authorities re23 lated to criminal investigations granted by law to SIGIR, 

24 notwithstanding any other provision of law, until March 

25 31, 2014: Provided further, That the activities carried out 
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1 by such investigative and support personnel and attorneys 

2 shall continue without interruption, and shall be super3 vised only by SIGAR, notwithstanding any other provision 

4 of law: Provided further, That on March 30, 2013, the Of5 fice of the Special Inspector General for Iraq Reconstruc6 tion shall be abolished: Provided further, That such 

7 amount is designated by the Congress for Overseas Con8 tingency Operations pursuant to section 251(b)(2)(A) of 

9 the Balanced Budget and Emergency Deficit Control Act 

10 of 1985. 

11 INTERNATIONAL ORGANIZATIONS

12 CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

13 For an additional amount for ‘‘Contributions to 

14 International Organizations’’, $101,300,000: Provided, 

15 That such amount is designated by the Congress for Over16 seas Contingency Operations pursuant to section 

17 251(b)(2)(A) of the Balanced budget and Emergency Def18 icit Control Act of 1985. 

19 UNITED STATES AGENCY FOR INTERNATIONAL 

20 DEVELOPMENT 

21 FUNDS APPROPRIATED TO THE PRESIDENT

22 OPERATING EXPENSES

23 For an additional amount for ‘‘Operating Expenses’’, 

24 $109,800,000, to remain available until September 30, 

25 2014, of which not more than $63,800,000 may be made 
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1 available for USAID operations in Afghanistan, not more 

2 than $5,000,000 may be made available for such oper3 ations in Pakistan, and not more than $41,000,000 may 

4 be made available for such operations in Iraq: Provided, 

5 That such amount is designated by the Congress for Over6 seas Contingency Operations pursuant to section 

7 251(b)(2)(A) of the Balanced Budget and Emergency 

8 Deficit Control Act of 1985. 

9 BILATERAL ECONOMIC ASSISTANCE 

10 FUNDS APPROPRIATED TO THE PRESIDENT

11 ECONOMIC SUPPORT FUND

12 For an additional amount for ‘‘Economic Support 

13 Fund’’, $600,000,000, to remain available until Sep14 tember 30, 2014, of which not more than $450,000,000 

15 may be made available for assistance for Afghanistan, not 

16 more than $100,000,000 may be made available for assist17 ance for Pakistan, and not more than $50,000,000 may 

18 be made available for assistance for Iraq: Provided, That 

19 such amount is designated by the Congress for Overseas 

20 Contingency Operations pursuant to section 251(b)(2)(A) 

21 of the Balanced Budget and Emergency Deficit Control 

22 Act of 1985. 
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1 GENERAL PROVISIONS 

2 ADDITIONAL APPROPRIATIONS

3 SEC. 8001. Notwithstanding any other provision of 

4 law, funds appropriated in this title are in addition to 

5 amounts appropriated or otherwise made available in this 

6 Act for fiscal year 2013. 

7 EXTENSION OF AUTHORITIES AND CONDITIONS

8 SEC. 8002. Unless otherwise provided for in this Act, 

9 the additional amounts appropriated by this title to appro10 priations accounts in this Act shall be available under the 

11 authorities and conditions applicable to such appropria12 tions accounts. 

13 TRANSFER AUTHORITY FOR OPERATIONS

14 SEC. 8003. Funds appropriated by this title under 

15 the headings ‘‘Diplomatic and Consular Programs’’, ‘‘Of16 fice of Inspector General’’, and ‘‘Operating Expenses’’ 

17 may be transferred to, and merged with, funds appro18 priated by this title under such headings: Provided, That 

19 such transfers shall be subject to the regular notification 

20 procedures of the Committees on Appropriations: Provided 

21 further, That the transfer authority in this section is in 

22 addition to any transfer authority otherwise available 

23 under any other provision of law. 
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1 This Act may be cited as the ‘‘Department of State, 

2 Foreign Operations, and Related Programs Appropria3 tions Act, 2013’’. 

Calendar No. 417 

112TH CONGRESS 

2D SESSION S. 3241 

[Report No. 112–172] 

A BILL 

Making appropriations for the Department of 

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

MAY 24, 2012 

Read twice and placed on the calendar