I 

112TH CONGRESS 

1ST SESSION H. R. 2583 

To authorize appropriations for the Department of State for fiscal year 

2012, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 19, 2011 

Ms. ROS-LEHTINEN introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

To authorize appropriations for the Department of State 

for fiscal year 2012, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Year 2012’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Appropriate congressional committees defined. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Administration of foreign affairs. 


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Sec. 102. Contributions to International Organizations. 

Sec. 103. Contributions for International Peacekeeping Activities. 

Sec. 104. International Commissions. 

Sec. 105. Migration and Refugee Assistance. 

Sec. 106. National Endowment for Democracy. 

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND 

ACTIVITIES 

Subtitle A—Basic Authorities and Activities 

Sec. 201. Transfer of inspections back to the Secretary of State. 

Sec. 202. International Litigation Fund. 

Sec. 203. Actuarial valuations. 

Sec. 204. Special agents. 

Sec. 205. Diplomatic security program contracting. 

Sec. 206. Statement of policy on existing United States understandings with 

Israel. 

Sec. 207. Recognition of Jerusalem as the capital of the State of Israel and relocation of the United States Embassy to Jerusalem. 

Subtitle B—Consular Services and Related Matters 

Sec. 211. Extension of authority to assess passport surcharge. 

Sec. 212. Tibet. 

Sec. 213. Maintenance cost sharing program. 

Sec. 214. Border crossing card fee for minors. 

TITLE III—ORGANIZATION AND PERSONNEL AUTHORITIES 

Sec. 301. Suspension of Foreign Service members without pay. 

Sec. 302. Repeal of recertification requirement for Senior Foreign Service. 

Sec. 303. Limited appointments in the Foreign Service. 

Sec. 304. Limitation of compensatory time off for travel. 

TITLE IV—FOREIGN ASSISTANCE 

Sec. 401. Goals of United States assistance. 

Sec. 402. United States Agency for International Development. 

Sec. 403. Bilateral Economic Assistance. 

Sec. 404. Microfinance and microenterprise programs. 

Sec. 405. Development credit authority. 

Sec. 406. Millennium Challenge Corporation. 

Sec. 407. Prohibition on assistance to countries that fail to meet the Millennium Challenge Corporation’s Corruption Performance Indicator. 

Sec. 408. Democracy Fund. 

Sec. 409. Report on aid commitments and disbursements by other donors and 

international organizations. 

Sec. 410. Transfer of liquidated assets of certain Enterprise Funds to the 

United States Treasury. 

Sec. 411. Limitation on funds for United States Agency for International Development’s Office of Budget and Resource Management. 

Sec. 412. Preventing taxpayer funding for foreign organizations that promote 

or perform abortion. 

Sec. 413. Sense of Congress relating to microenterprise development assistance 

to sub-Saharan Africa. 


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TITLE V—UNITED STATES INTERNATIONAL BROADCASTING 

Sec. 501. Authorization of appropriations for international broadcasting. 

Sec. 502. Personal services contracting program. 

Sec. 503. Employment for international broadcasting. 

Sec. 504. Technical amendment relating to civil immunity for Broadcasting 

Board of Governors members. 

TITLE VI—REPORTING REQUIREMENTS 

Sec. 601. Reporting reform. 

Sec. 602. Diplomatic relations with Israel. 

TITLE VII—PROLIFERATION SECURITY INITIATIVE 

Sec. 701. Authority to interdict certain imports to and exports from Iran. 

Sec. 702. Report. 

Sec. 703. Definitions. 

TITLE VIII—MISCELLANEOUS PROVISIONS 

Sec. 801. Boundary, water, and fisheries commissions. 

Sec. 802. Limitation on funds for U.S.-China Center of Excellence on Nuclear 

Security. 

Sec. 803. Elimination of East-West Center. 

Sec. 804. Inspector General of the Global Fund. 

Sec. 805. Arab League boycott. 

Sec. 806. Measures supporting the reunification of Cyprus. 

Sec. 807. Limitation on assistance to the former Yugoslav Republic of Macedonia. 

Sec. 808. Statement of policy regarding the Ecumenical Patriarchate. 

Sec. 809. Sense of Congress on restrictions on religious freedom in Vietnam. 

Sec. 810. State sponsorship of terrorism by Eritrea. 

Sec. 811. Rights of religious minorities in Egypt. 

Sec. 812. The Republic of the Sudan and the Republic of South Sudan. 

TITLE IX—SECURITY ASSISTANCE 

Sec. 901. Short title. 

Subtitle A—Military Assistance and Related Matters 

PART I—FUNDING AUTHORIZATIONS

Sec. 911. Foreign Military Financing program. 

Sec. 912. International military education and training. 

PART II—MILITARY ASSISTANCE AUTHORITIES AND RELATED PROVISIONS

Sec. 921. Authority to transfer excess defense articles. 

Sec. 922. Annual military assistance report. 

Sec. 923. Annual report on foreign military training. 

Sec. 924. Global Security Contingency Fund. 

Sec. 925. International military education and training. 

PART III—ARMS EXPORT CONTROL ACT AMENDMENTS AND RELATED

PROVISIONS

Sec. 931. Increased flexibility for use of defense trade control registration fees. 


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Sec. 932. Increase in congressional notification thresholds. 

Sec. 933. Return of defense articles. 

Sec. 934. Annual estimate and justification for sales program. 

Sec. 935. Updating and conforming penalties for violations of sections 38 and 

39 of the Arms Export Control Act. 

Sec. 936. Clarification of prohibitions relating to state sponsors of terrorism 

and their nationals. 

Sec. 937. Exemption for transactions with countries supporting acts of international terrorism. 

Sec. 938. Report on Foreign Military Financing program. 

Sec. 939. Congressional notification of regulations and amendments to regulations under section 38 of the Arms Export Control Act. 

Subtitle B—Security Assistance and Related Matters 

PART I—ISRAEL

Sec. 941. Report on United States commitments to the security of Israel. 

Sec. 942. Clarification of certification requirements relating to Israel’s qualitative military edge. 

Sec. 943. Support to Israel for missile defense. 

PART II—EGYPT

Sec. 951. Limitation on security assistance to the Government of Egypt. 

Sec. 952. Report on security assistance to the Government of Egypt. 

Sec. 953. Government of Egypt defined. 

PART III—LEBANON

Sec. 961. Statement of policy. 

Sec. 962. Limitation on security assistance to the Government of Lebanon. 

Sec. 963. Report on security assistance to the Government of Lebanon. 

Sec. 964. Government of Lebanon defined. 

PART IV—PALESTINIAN AUTHORITY

Sec. 971. Limitation on security assistance to the Palestinian Authority. 

Sec. 972. Report on security assistance to the Palestinian Authority. 

Sec. 973. Palestinian Authority defined. 

PART V—PAKISTAN

Sec. 981. Authorization of appropriations. 

Sec. 982. Limitations on certain assistance. 

Sec. 983. Strategy reports. 

PART VI—YEMEN

Sec. 991. Limitation on security assistance to the Government of Yemen. 

Sec. 992. Report on security assistance to the Government of Yemen. 

Sec. 993. Government of Yemen defined. 

PART VII—MISCELLANEOUS PROVISIONS

Sec. 994. Definitions. 

Sec. 994A. Report on police training. 

Sec. 994B. Audits of United States assistance to Iraq. 

Sec. 994C. Sense of Congress. 


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Subtitle C—Peacekeeping Operations 

Sec. 995. Peacekeeping operations. 

Subtitle D—Reports and Briefings 

Sec. 996. Report on transparency in NATO arms sales. 

Sec. 996A. Report on Task Force for Business and Stability Operations in Afghanistan. 

Sec. 996B. Briefings relating to Public Law 107–40. 

TITLE X—PEACE CORPS VOLUNTEER SERVICE PROTECTION 

Sec. 1001. Sexual assault complaints in the Peace Corps. 

Sec. 1002. Peace Corps volunteer protection. 

Sec. 1003. Conforming amendments. 

Sec. 1004. Independence of the Inspector General of the Peace Corps. 

Sec. 1005. Authorization of appropriations. 

1 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 Except as otherwise provided in this Act, the term 

4 ‘‘appropriate congressional committees’’ means the Com5 mittee on Foreign Affairs of the House of Representatives 

6 and the Committee on Foreign Relations of the Senate. 

7 TITLE I—AUTHORIZATION OF 

8 APPROPRIATIONS 

9 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

10 The following amounts are authorized to be appro11 priated for the Department of State under ‘‘Administra12 tion of Foreign Affairs’’ to carry out the authorities, func13 tions, duties, and responsibilities in the conduct of foreign 

14 affairs of the United States, and for other purposes au15 thorized by law: 


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1 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

2 For ‘‘Diplomatic and Consular Programs’’, 

3 $8,790,000,000 for fiscal year 2012. 

4 (A) WORLDWIDE SECURITY PROTEC5 TION.—Of the amounts authorized to be appro6 priated under paragraph (1), $1,500,000,000 is 

7 authorized to be appropriated for worldwide se8 curity protection. 

9 (B) BUREAU OF DEMOCRACY, HUMAN

10 RIGHTS, AND LABOR.—Of the amounts author11 ized to be appropriated under paragraph (1), 

12 not less than $21,416,000 for fiscal year 2012 

13 is authorized to be appropriated for the Bureau 

14 of Democracy, Human Rights, and Labor. 

15 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap16 ital Investment Fund’’, $59,499,000 for fiscal year 

17 2012. 

18 (3) EMBASSY SECURITY, CONSTRUCTION AND

19 MAINTENANCE.—For ‘‘Embassy Security, Construc20 tion and Maintenance’’, $1,620,000,000 for fiscal 

21 year 2012. 

22 (4) EDUCATIONAL AND CULTURAL EXCHANGE

23 PROGRAMS.—For ‘‘Educational and Cultural Ex24 change Programs’’, $600,000,000 for fiscal year 

25 2012. 


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1 (5) CONFLICT STABILIZATION OPERATIONS.— 

2 For ‘‘Conflict Stabilization Operations’’, 

3 $35,000,000 for fiscal year 2012. 

4 (6) REPRESENTATION ALLOWANCES.—For 

5 ‘‘Representation Allowances’’, $7,499,000 for fiscal 

6 year 2012. 

7 (7) PROTECTION OF FOREIGN MISSIONS AND

8 OFFICIALS.—For ‘‘Protection of Foreign Missions 

9 and Officials’’, $27,744,000 for fiscal year 2012. 

10 (8) EMERGENCIES IN THE DIPLOMATIC AND

11 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip12 lomatic and Consular Service’’, $9,499,000 for fiscal 

13 year 2012. 

14 (9) REPATRIATION LOANS.—For ‘‘Repatriation 

15 Loans’’, $1,450,000 for fiscal year 2012. 

16 (10) PAYMENT TO THE AMERICAN INSTITUTE

17 IN TAIWAN.—For ‘‘Payment to the American Insti18 tute in Taiwan’’, $21,150,000 for fiscal year 2012. 

19 (11) OFFICE OF THE INSPECTOR GENERAL.— 

20 For ‘‘Office of the Inspector General’’, 

21 $100,000,000 for fiscal year 2012, including for the 

22 Special Inspector General for Iraq Reconstruction 

23 and the Special Inspector General for Afghanistan 

24 Reconstruction. 


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1 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA2 TIONS. 

3 There are authorized to be appropriated for ‘‘Con4 tributions to International Organizations’’, 

5 $1,581,815,000 for fiscal year 2012, for the Department 

6 of State to carry out the authorities, functions, duties, and 

7 responsibilities in the conduct of the foreign affairs of the 

8 United States with respect to international organizations 

9 and to carry out other authorities in law consistent with 

10 such purposes. Of the amounts authorized to be appro11 priated by this section, not more than $44,238,411 is au12 thorized to be appropriated for assessed contributions to 

13 the Organization of American States. 

14 SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL PEACE15 KEEPING ACTIVITIES. 

16 (a) STATEMENT OF POLICY.—It remains the policy 

17 of the United States, pursuant to section 404(b)(2)(A) of 

18 the Foreign Relations Authorization Act, Fiscal Years 

19 1994 and 1995 (Public Law 103–236; 22 U.S.C. 287e 

20 note) that funds authorized to be appropriated for con21 tributions for international peacekeeping activities shall 

22 not be available for the payment of the United States as23 sessed contribution for a United Nations peacekeeping op24 eration in an amount that is greater than 25 percent of 

25 the total of all assessed contributions for such operation. 


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1 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated for ‘‘Contributions for 

3 International Peacekeeping Activities’’, $1,735,382,277 

4 for fiscal year 2012 for the Department of State to carry 

5 out the authorities, functions, duties, and responsibilities 

6 of the United States with respect to international peace7 keeping activities and to carry out other authorities in law 

8 consistent with such purposes. 

9 SEC. 104. INTERNATIONAL COMMISSIONS. 

10 The following amounts are authorized to be appro11 priated under ‘‘International Commissions’’ for the De12 partment of State to carry out the authorities, functions, 

13 duties, and responsibilities in the conduct of the foreign 

14 affairs of the United States and for other purposes author15 ized by law: 

16 (1) INTERNATIONAL BOUNDARY AND WATER

17 COMMISSION, UNITED STATES AND MEXICO.—For 

18 ‘‘International Boundary and Water Commission, 

19 United States and Mexico’’— 

20 (A) for ‘‘Salaries and Expenses’’, 

21 $43,300,000 for fiscal year 2012; and 

22 (B) for ‘‘Construction’’, $26,500,000 for 

23 fiscal year 2012. 

24 (2) INTERNATIONAL BOUNDARY COMMISSION, 

25 UNITED STATES AND CANADA.—For ‘‘International 


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1 Boundary Commission, United States and Canada’’, 

2 $2,433,000 for fiscal year 2012. 

3 (3) INTERNATIONAL JOINT COMMISSION.—For 

4 ‘‘International Joint Commission’’, $7,237,000 for 

5 fiscal year 2012. 

6 (4) INTERNATIONAL FISHERIES COMMIS7 SIONS.—For ‘‘International Fisheries Commissions’’, 

8 $31,291,000 for fiscal year 2012. 

9 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated for ‘‘Migration and Ref12 ugee Assistance’’ for authorized activities $1,690,000,000 

13 for fiscal year 2012. 

14 (b) REFUGEE RESETTLEMENT IN ISRAEL.—Of the 

15 amounts authorized to be appropriated by subsection (a), 

16 there are authorized to be appropriated $25,000,000 for 

17 fiscal year 2012 for resettlement of refugees in Israel. 

18 SEC. 106. NATIONAL ENDOWMENT FOR DEMOCRACY. 

19 There are authorized to be appropriated for the ‘‘Na20 tional Endowment for Democracy’’ for authorized activi21 ties $118,000,000 for fiscal year 2012. 


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1 TITLE II—DEPARTMENT OF 

2 STATE AUTHORITIES AND AC3 TIVITIES 

4 Subtitle A—Basic Authorities and 

5 Activities 

6 SEC. 201. TRANSFER OF INSPECTIONS BACK TO THE SEC7 RETARY OF STATE. 

8 (a) LIMITATION OF INSPECTOR GENERAL DUTIES.— 

9 Paragraph (1) section 209(a) of the Foreign Service Act 

10 of 1980 (22 U.S.C. 3929(a)), is amended by striking the 

11 fourth sentence and inserting the following new sentence: 

12 ‘‘The Inspector General shall perform such functions as 

13 the Secretary of State may prescribe, except that the Sec14 retary of State shall not assign to the Inspector general 

15 any general operating responsibilities.’’. 

16 (b) INSPECTIONS BY THE SECRETARY OF STATE.— 

17 (1) INSPECTIONS.—The Secretary of State shall 

18 periodically inspect the administration of activities 

19 and operations of each Foreign Service post and 

20 each bureau and other operating unit of the Depart21 ment of State. 

22 (2) REPORTS PROVIDED TO THE INSPECTOR

23 GENERAL.—The Secretary of State shall provide to 

24 the Inspector General of the Department of State a 


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1 copy of the report of each inspection carried out in 

2 accordance with paragraph (1). 

3 (c) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed as limiting the authority of the In5 spector General of the Department of State to conduct 

6 audits, investigations, or inspections under the Inspector 

7 General Act of 1978 (5 U.S.C. App.). 

8 SEC. 202. INTERNATIONAL LITIGATION FUND. 

9 Paragraph (3) of section 38(d) of the State Depart10 ment Basic Authorities Act of 1956 (22 U.S.C. 2710(d)) 

11 is amended by striking ‘‘by the Department of State from 

12 another agency of the United States Government or pur13 suant to’’ and inserting ‘‘by the Department of State as 

14 a result of a decision of an international tribunal, from 

15 another agency of the United States Government, or pur16 suant to’’. 

17 SEC. 203. ACTUARIAL VALUATIONS. 

18 The Foreign Service Act of 1980 is amended— 

19 (1) in section 818 (22 U.S.C. 4058)— 

20 (A) in the first sentence, by striking ‘‘Sec21 retary of the Treasury’’ and inserting instead 

22 ‘‘Secretary of State’’; and 

23 (B) by amending the second sentence to 

24 read as follows: ‘‘The Secretary of State is au25 thorized to expend from money to the credit of 


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1 the Fund such sums as may be necessary to ad2 minister the provisions of this subchapter, in3 cluding actuarial advice, but only to the extent 

4 and in such amounts as are provided in advance 

5 in appropriations Acts.’’; 

6 (2) in section 819 (22 U.S.C. 4059), in the first 

7 sentence, by striking ‘‘Secretary of the Treasury’’ 

8 the second place it appears and inserting ‘‘Secretary 

9 of State’’; 

10 (3) in section 825(b) (22 U.S.C. 4065(b)), by 

11 striking ‘‘Secretary of the Treasury’’ and inserting 

12 instead ‘‘Secretary of State’’; and 

13 (4) section 859(c) (22 U.S.C. 4071h(c))— 

14 (A) by striking ‘‘Secretary of the Treas15 ury’’ and inserting instead ‘‘Secretary of 

16 State’’; and 

17 (B) by striking ‘‘and shall advise the Sec18 retary of State of’’ and inserting instead ‘‘that 

19 will provide’’. 

20 SEC. 204. SPECIAL AGENTS. 

21 (a) IN GENERAL.—Paragraph (1) of section 37(a) of 

22 the State Department Basic Authorities Act of 1956 (22 

23 U.S.C. 2709(a)) is amended to read as follows: 

24 ‘‘(1) conduct investigations concerning— 


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1 ‘‘(A) illegal passport or visa issuance or 

2 use; 

3 ‘‘(B) identity theft or document fraud af4 fecting or relating to the programs, functions, 

5 and authorities of the Department of State; and 

6 ‘‘(C) Federal offenses committed within 

7 the special maritime and territorial jurisdiction 

8 of the United States as defined in paragraph 

9 (9) of section 7 of title 18, United States Code, 

10 except as that jurisdiction relates to the prem11 ises of United States military missions and re12 lated residences;’’. 

13 (b) RULE OF CONSTRUCTION.—Nothing in para14 graph (1) of section 37(a) the State Department Basic 

15 Authorities Act of 1956 (as amended by subsection (a) 

16 of this section) shall be construed to limit the investigative 

17 authority of any other Federal department or agency. 

18 SEC. 205. DIPLOMATIC SECURITY PROGRAM CONTRACTING. 

19 Section 136 of the Foreign Relations Authorization 

20 Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is 

21 amended— 

22 (1) in subsection (c)— 

23 (A) in the matter preceding paragraph (1), 

24 by striking ‘‘With respect’’ and inserting ‘‘ExVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 cept as provided in subsection (d), with re2 spect’’; and 

3 (B) in paragraph (3), by striking ‘‘sub4 section (d)’’ and inserting ‘‘subsection (e)’’; 

5 (2) by redesignating subsections (d), (e), (f), 

6 and (g) as subsections (e), (f), (g), and (h), respec7 tively; 

8 (3) by inserting after subsection (c) the fol9 lowing new subsection: 

10 ‘‘(d) AWARD OF LOCAL GUARD AND PROTECTIVE

11 SERVICE CONTRACTS IN HIGH RISK AREAS.—With re12 spect to local guard contracts for Foreign Service build13 ings located in high risk areas which exceed $250,000, the 

14 Secretary of State shall— 

15 ‘‘(1) comply with paragraphs (1), (2), (4), (5), 

16 and (6) of subsection (c) in the award of such con17 tracts; 

18 ‘‘(2) in evaluating proposals for such contracts, 

19 award contracts to the firm representing the best 

20 value to the Government in accordance with the best 

21 value tradeoff process described in subpart 15.1 of 

22 the Federal Acquisition Regulation (48 C.F.R. 

23 15.101–1); and 


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1 ‘‘(3) ensure that in all contracts awarded under 

2 this subsection, contractor personnel providing local 

3 guard or protective services are classified as— 

4 ‘‘(A) employees of the offeror; 

5 ‘‘(B) if the offeror is a joint venture, as 

6 the employees of one of the persons or parties 

7 constituting the joint venture; or 

8 ‘‘(C) as employees of a subcontractor to 

9 the offeror, and not as independent contractors 

10 to the offeror or any other entity performing 

11 under such contracts.’’; and 

12 (4) in subsection (e), as redesignated by para13 graph (2) of this section— 

14 (A) in paragraph (3), by striking ‘‘and’’ at 

15 the end; 

16 (B) in paragraph (4), by striking the pe17 riod at the end and inserting ‘‘; and’’; and 

18 (C) by adding after paragraph (4) the fol19 lowing new paragraph: 

20 ‘‘(5) the term ‘high risk areas’ means— 

21 ‘‘(A) an area designated as a contingency 

22 operation in accordance with section 101(a)(13) 

23 of title 10, United States Code; or 

24 ‘‘(B) an area determined by the Assistant 

25 Secretary of Diplomatic Security to present an 


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1 increased threat of serious damage or harm to 

2 United States diplomatic facilities or per3 sonnel.’’. 

4 SEC. 206. STATEMENT OF POLICY ON EXISTING UNITED 

5 STATES UNDERSTANDINGS WITH ISRAEL. 

6 It is shall be the policy of the United States to uphold 

7 and act in accordance with all of the reassurances pro8 vided by the President in an April 14, 2004, letter to the 

9 Prime Minister of Israel. 

10 SEC. 207. RECOGNITION OF JERUSALEM AS THE CAPITAL 

11 OF THE STATE OF ISRAEL AND RELOCATION 

12 OF THE UNITED STATES EMBASSY TO JERU13 SALEM. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) Jerusalem must remain an undivided city in 

17 which the rights of every ethnic and religious group 

18 are protected as they have been by Israel since 

19 1967; 

20 (2) the President and the Secretary of State 

21 should publicly affirm as a matter of United States 

22 policy that Jerusalem must remain the undivided 

23 capital of the State of Israel; 

24 (3) the President should immediately implement 

25 the provisions of Jerusalem Embassy Act of 1995 


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1 (Public Law 104–45) and begin the process of relo2 cating the United States Embassy in Israel to Jeru3 salem; and 

4 (4) United States officials should refrain from 

5 any actions that contradict United States law on 

6 this subject. 

7 (b) AMENDING OF WAIVER AUTHORITY.—Subsection 

8 (a) of section 7 of the Jerusalem Embassy Act of 1995 

9 (Public Law 104–45) is amended by adding at the end 

10 the following new paragraph: 

11 ‘‘(4) The Presidential waiver authority granted 

12 in this section shall expire on January 1, 2014.’’. 

13 (c) IDENTIFICATION OF JERUSALEM ON GOVERN14 MENT DOCUMENTS.—Notwithstanding any other provi15 sion of law, any official document of the United States 

16 Government that lists countries and their capital cities 

17 shall identify Jerusalem as the capital of Israel. 

18 (d) TIMETABLE.—It is the policy of the United 

19 States that the United States Embassy in Israel should 

20 be established in Jerusalem as soon as possible, and not 

21 later than January 1, 2014. 

22 (e) FISCAL YEAR 2012 FUNDING.—Of the funds au23 thorized to be appropriated for ‘‘Acquisition and Mainte24 nance of Buildings Abroad’’ for the Department of State 

25 for fiscal year 2012, not less than $500,000 shall be made 


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1 available until expended only for construction and other 

2 costs associated with the establishment of the United 

3 States Embassy in Israel in the capital of Jerusalem. 

4 (f) DEFINITION.—In this section, the term ‘‘United 

5 States Embassy’’ means the offices of the United States 

6 diplomatic mission and the residence of the United States 

7 chief of mission. 

8 Subtitle B—Consular Services and 

9 Related Matters 

10 SEC. 211. EXTENSION OF AUTHORITY TO ASSESS PASSPORT 

11 SURCHARGE. 

12 Paragraph (2) of section 1(b) of the Passport Act of 

13 June 4, 1920 (22 U.S.C. 214(b)), is amended by striking 

14 ‘‘2010’’ and inserting ‘‘2015’’. 

15 SEC. 212. TIBET. 

16 (a) TIBET NEGOTIATIONS.—Section 613(a) of the 

17 Tibetan Policy Act of 2002 (Public Law 107–228; 22 

18 U.S.C. 6901 note) is amended— 

19 (1) in paragraph (1), by inserting before the pe20 riod at the end the following: ‘‘, and should coordi21 nate with other governments in multilateral efforts 

22 toward this goal’’; 

23 (2) by redesignating paragraph (2) as para24 graph (3); and 


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1 (3) by inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) POLICY COORDINATION.—The President 

4 shall direct the National Security Council to ensure 

5 that, in accordance with this Act, United States pol6 icy on Tibet is coordinated and communicated with 

7 all executive branch agencies in contact with the 

8 Government of the People’s Republic of China.’’. 

9 (b) DIPLOMATIC REPRESENTATION RELATING TO

10 TIBET.— 

11 (1) UNITED STATES EMBASSY IN BEIJING.— 

12 (A) IN GENERAL.—The Secretary of State 

13 is authorized to establish a Tibet Section within 

14 the United States Embassy in Beijing, China, 

15 for the purposes of following political, economic, 

16 and social developments inside Tibet, including 

17 Tibetan areas of Qinghai, Sichuan, Gansu, and 

18 Yunnan provinces, until such time as a United 

19 States consulate in Tibet is established. Such 

20 Tibet Section shall have the primary responsi21 bility for reporting on human rights issues in 

22 Tibet and shall work in close cooperation with 

23 the Office of the Special Coordinator for Ti24 betan Issues of the Department of State. The 


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1 chief of such Tibet Section should be of senior 

2 rank. 

3 (2) IN TIBET.—Section 618 of the Tibetan Pol4 icy Act of 2002 is amended to read as follows: 

5 ‘‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CON6 SULATE IN LHASA, TIBET. 

7 ‘‘The Secretary shall seek to establish a United 

8 States consulate in Lhasa, Tibet, to provide services to 

9 United States citizens traveling in Tibet and to monitor 

10 political, economic, and cultural developments in Tibet, in11 cluding Tibetan areas of Qinghai, Sichuan, Gansu, and 

12 Yunnan provinces and, until such consulate is established, 

13 shall not permit the establishment in the United States 

14 of any additional consulate of the People’s Republic of 

15 China.’’. 

16 (c) RELIGIOUS PERSECUTION IN TIBET.—Section 

17 620(b) of the Tibetan Policy Act of 2002 is amended by 

18 adding before the period at the end the following: ‘‘, in19 cluding in the reincarnation system of Tibetan Bud20 dhism’’. 

21 SEC. 213. MAINTENANCE COST SHARING PROGRAM. 

22 Section 604(e)(1) of the Secure Embassy Construc23 tion and Counterterrorism Act of 1999 (22 U.S.C. 4865 

24 note) is amended, in the first sentence, by striking ‘‘proVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 viding new,’’ and inserting ‘‘providing, maintaining, re2 pairing, and renovating’’. 

3 SEC. 214. BORDER CROSSING CARD FEE FOR MINORS. 

4 Section 410(a)(1)(A) of the Department of State and 

5 Related Agencies Appropriations Act, 1999 (contained in 

6 division A of Public Law 105–277) is amended by striking 

7 ‘‘a fee of $13’’ and inserting ‘‘a fee equal to one-half the 

8 fee that would otherwise apply for processing a machine 

9 readable combined border crossing identification card and 

10 nonimmigrant visa’’. 

11 TITLE III—ORGANIZATION AND 

12 PERSONNEL AUTHORITIES 

13 SEC. 301. SUSPENSION OF FOREIGN SERVICE MEMBERS 

14 WITHOUT PAY. 

15 (a) SUSPENSION.—Section 610 of the Foreign Serv16 ice Act of 1980 (22 U.S.C. 4010) is amended by adding 

17 at the end the following new subsection: 

18 ‘‘(c)(1) In order to promote the efficiency of the Serv19 ice, the Secretary may suspend a member of the Foreign 

20 Service without pay when the member’s security clearance 

21 is suspended or when there is reasonable cause to believe 

22 that the member has committed a crime for which a sen23 tence of imprisonment may be imposed. 


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1 ‘‘(2) Any member of the Foreign Service for whom 

2 a suspension is proposed in accordance with paragraph (1) 

3 shall be entitled to— 

4 ‘‘(A) written notice stating the specific reasons 

5 for the proposed suspension; 

6 ‘‘(B) a reasonable time to respond orally and in 

7 writing to the proposed suspension; 

8 ‘‘(C) representation by an attorney or other 

9 representative; and 

10 ‘‘(D) a final written decision, including the spe11 cific reasons for such decision, as soon as prac12 ticable. 

13 ‘‘(3) Any member suspended under this section may 

14 file a grievance in accordance with the procedures applica15 ble to grievances under chapter 11. 

16 ‘‘(4) In the case of a grievance filed under paragraph 

17 (3)— 

18 ‘‘(A) the review by the Foreign Service Griev19 ance Board shall be limited to a determination of 

20 whether the provisions of paragraphs (1) and (2) 

21 have been fulfilled; and 

22 ‘‘(B) the Foreign Service Grievance Board may 

23 not exercise the authority provided under section 

24 1106(8). 

25 ‘‘(5) In this subsection: 


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1 ‘‘(A) The term ‘reasonable time’ means— 

2 ‘‘(i) with respect to a member of the For3 eign Service assigned to duty in the United 

4 States, 15 days after receiving notice of the 

5 proposed suspension; and 

6 ‘‘(ii) with respect to a member of the For7 eign Service assigned to duty outside the 

8 United States, 30 days after receiving notice of 

9 the proposed suspension. 

10 ‘‘(B) The term ‘suspend’ or ‘suspension’ means 

11 the placing of a member of the Foreign Service in 

12 a temporary status without duties and pay.’’. 

13 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

14 (1) AMENDMENT OF SECTION HEADING.—Sec15 tion 610 of the Foreign Service Act of 1980, as 

16 amended by subsection (a) of this section, is further 

17 amended, in the section heading, by inserting ‘‘; 

18 SUSPENSION’’ before the period at the end. 

19 (2) CLERICAL AMENDMENT.—The item relating 

20 to section 610 in the table of contents in section 2 

21 of the Foreign Service Act of 1980 is amended to 

22 read as follows: 

‘‘Sec. 610. Separation for cause; suspension.’’. 


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1 SEC. 302. REPEAL OF RECERTIFICATION REQUIREMENT 

2 FOR SENIOR FOREIGN SERVICE. 

3 Section 305(d) of the Foreign Service Act of 1980 

4 (22 U.S.C. 3945(d)) is repealed. 

5 SEC. 303. LIMITED APPOINTMENTS IN THE FOREIGN SERV6 ICE. 

7 Section 309 of the Foreign Service Act of 1980 (22 

8 U.S.C. 3949) is amended— 

9 (1) in subsection (a), by striking ‘‘subsection 

10 (b)’’ and inserting ‘‘subsections (b) or (c)’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (3)— 

13 (i) by inserting ‘‘(A),’’ after ‘‘if’’; and 

14 (ii) by inserting before the semicolon 

15 at the end the following: ‘‘, or (B), the ca16 reer candidate is serving in the uniformed 

17 services, as defined by the Uniformed Serv18 ices Employment and Reemployment 

19 Rights Act of 1994 (38 U.S.C. 4301 et 

20 seq.), and the limited appointment expires 

21 in the course of such service’’; 

22 (B) in paragraph (4), by striking ‘‘and’’ at 

23 the end; 

24 (C) in paragraph (5), by striking the pe25 riod at the end and inserting ‘‘; and’’; and 


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1 (D) by adding after paragraph (5) the fol2 lowing new paragraph: 

3 ‘‘(6) in exceptional circumstances where the 

4 Secretary determines the needs of the Service re5 quire the extension of a limited appointment (A), for 

6 a period of time not to exceed 12 months (if such 

7 period of time does not permit additional review by 

8 boards under section 306), or (B), for the minimum 

9 time needed to settle a grievance, claim, or com10 plaint not otherwise provided for in this section.’’; 

11 and 

12 (3) by adding at the end the following new sub13 section: 

14 ‘‘(c) Non-career Foreign Service employees who have 

15 served five consecutive years under a limited appointment 

16 may be reappointed to a subsequent limited appointment 

17 if there is a one year break in service between each such 

18 appointment. The Secretary may in cases of special need 

19 waive the requirement for a one year break in service.’’. 

20 SEC. 304. LIMITATION OF COMPENSATORY TIME OFF FOR 

21 TRAVEL. 

22 Section 5550b of title 5, United States Code, is 

23 amended by adding at the end the following new sub24 section: 


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1 ‘‘(c) The maximum amount of compensatory time off 

2 earned under this section may not exceed 104 hours dur3 ing any leave year (as defined by regulations established 

4 by the Office of Personnel Management).’’. 

5 TITLE IV—FOREIGN ASSISTANCE 

6 SEC. 401. GOALS OF UNITED STATES ASSISTANCE. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 

9 (1) in December 2007, the United States Gov10 ernment’s Commission on Helping to Enhance the 

11 Lives of Poor People Around the Globe, also known 

12 as the ‘‘HELP Commission,’’ reported that sus13 tained economic growth is vital and necessary for a 

14 country to feed, educate, house and provide for the 

15 health of its citizens over the long term and that 

16 ‘‘foreign assistance alone is not sufficient to help de17 veloping countries achieve long-term, sustainable 

18 economic growth’’; 

19 (2) private sector-led trade and investment are 

20 fundamental components of economic development 

21 and growth; and 

22 (3) the United States Agency for International 

23 Development’s Global Development Alliance program 

24 characterizes the rising importance of private re25 sources and private actors as development tools in 


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1 an expanding and more integrated globalized econ2 omy, aligning public resources with private capital 

3 through the establishment of public-private partner4 ships for the economic advancement of impoverished 

5 countries. 

6 (b) STATEMENT OF POLICY.—It shall be the policy 

7 of the United States to— 

8 (1) emphasize the development of innovative 

9 partnerships between governments and organizations 

10 in the private sector (including corporations, founda11 tions, universities, faith-based organizations, and 

12 other nongovernmental organizations) in the ap13 proach to and distribution of foreign assistance; and 

14 (2) focus United States assistance programs on 

15 achieving sustainable economic growth and grad16 uating United States aid recipients into a trade17 based relationship with the United States. 

18 SEC. 402. UNITED STATES AGENCY FOR INTERNATIONAL 

19 DEVELOPMENT. 

20 Not more than $1,521,900,000 is authorized to be 

21 appropriated to the President for ‘‘Operating Expenses’’, 

22 ‘‘Capital Investment Fund’’, and ‘‘Office of Inspector 

23 General’’ of the United States Agency for International 

24 Development for fiscal year 2012. 


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1 SEC. 403. BILATERAL ECONOMIC ASSISTANCE. 

2 Not more than $21,208,900,000 is authorized to be 

3 appropriated to the President for ‘‘Bilateral Economic As4 sistance’’ for fiscal year 2012. 

5 SEC. 404. MICROFINANCE AND MICROENTERPRISE PRO6 GRAMS. 

7 It is the sense of Congress that— 

8 (1) access to financial markets is essential to 

9 economic growth; 

10 (2) microfinance and microenterprise programs 

11 have been successful in creating and expanding eco12 nomic opportunities by providing access to financial 

13 markets and financial services, such credit, small 

14 loans and savings services, to poor and vulnerable 

15 populations, particularly women and the rural poor, 

16 in developing countries; 

17 (3) microfinance helps improve economic wel18 fare in poor households, and has been shown to raise 

19 borrower income, stimulate the growth of the bor20 rower’s business, and generate employment; and 

21 (4) the United States should support and en22 courage, wherever possible and appropriate, micro23 finance and microenterprise development and pro24 grams in order to help generate stable economic 

25 growth in developing countries. 


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1 SEC. 405. DEVELOPMENT CREDIT AUTHORITY. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that— 

4 (1) access to financial services for underserved 

5 populations and sectors in developing countries is es6 sential to expanding economic opportunities for poor 

7 households and small businesses to build assets and 

8 invest in enterprise development and growth; and 

9 (2) the Development Credit Authority, through 

10 the issuance of partial loan guarantees, has proven 

11 to be a vital and effective tool in bolstering microen12 terprise development in impoverished countries by 

13 reducing the risk of private investors and financial 

14 institutions that invest in underserved sectors or 

15 creditworthy borrowers that otherwise would not 

16 qualify for such loans. 

17 (b) LIMITATION ON AUTHORIZATION OF APPROPRIA18 TIONS.—Of the amounts authorized to be appropriated 

19 under section 403, not more than $8,300,000 is author20 ized to be appropriated to the President for administrative 

21 expenses to carry out credit programs administered by the 

22 United States Agency for International Development for 

23 fiscal year 2012. 

24 SEC. 406. MILLENNIUM CHALLENGE CORPORATION. 

25 (a) LIMITATION ON AUTHORIZATION OF APPROPRIA26 TIONS.—Of the amounts authorized to be appropriated 


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1 under section 403, not more than $900,000,000 is author2 ized to be appropriated to the President for necessary ex3 penses to carry out the provisions of the Millennium Chal4 lenge Act of 2003 for fiscal year 2012. 

5 (b) MAINTAINING CANDIDATE STATUS FOR PUR6 POSES OF INCOME CATEGORY.—Section 606 of the Mil7 lennium Challenge Act of 2003 (22 U.S.C. 7705) is 

8 amended— 

9 (1) by redesignating subsection (c) as sub10 section (d); and 

11 (2) by inserting after subsection (b) the fol12 lowing: 

13 ‘‘(c) MAINTAINING CANDIDATE STATUS.—Any can14 didate country whose per capita income changes in a given 

15 fiscal year such that the country’s income-classification as 

16 ‘low income’ or ‘lower middle income’ changes, should re17 tain its candidacy at the former income category only for 

18 the year of such transition.’’. 

19 SEC. 407. PROHIBITION ON ASSISTANCE TO COUNTRIES 

20 THAT FAIL TO MEET THE MILLENNIUM CHAL21 LENGE CORPORATION’S CORRUPTION PER22 FORMANCE INDICATOR. 

23 (a) RESTRICTION.—Except as provided in paragraph 

24 (2), no United States economic or development assistance 

25 may be provided to the government of a country that does 


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1 not meet the corruption performance indicator of the Mil2 lennium Challenge Corporation used for purposes of deter3 mining eligibility for assistance under the Millennium 

4 Challenge Act of 2003. 

5 (b) WAIVER.—The President may waive the restric6 tion on assistance under paragraph (1) on a case-by-case 

7 basis for a period of not more than 6 months if— 

8 (1) the President determines that such a waiver 

9 is important to the national security interests of 

10 United States; and 

11 (2) the President provides to the appropriate 

12 congressional committees at least 15 days prior to 

13 exercising the waiver a report on concrete steps that 

14 the recipient country has undertaken to meet the 

15 corruption benchmarks and on United States imple16 mentation and enforcement of end-use monitoring 

17 mechanisms in the country to ensure United States 

18 assistance provided is being used as intended. 

19 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE20 FINED.—In this section, the term ‘‘appropriate congres21 sional committees’’ means— 

22 (1) the Committee on Foreign Affairs and the 

23 Committee on Appropriations of the House of Rep24 resentatives; and 


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1 (2) the Committee on Foreign Relations and 

2 the Committee on Appropriations of the Senate. 

3 SEC. 408. DEMOCRACY FUND. 

4 Of the amounts authorized to be appropriated under 

5 section 403, not more than $115,000,000 is authorized 

6 to be appropriated to the President for necessary expenses 

7 to carry out the provisions of the Foreign Assistance Act 

8 of 1961 for the promotion of democracy globally for fiscal 

9 year 2012. 

10 SEC. 409. REPORT ON AID COMMITMENTS AND DISBURSE11 MENTS BY OTHER DONORS AND INTER12 NATIONAL ORGANIZATIONS. 

13 Section 634 of the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2394) is amended— 

15 (1) in subsection (a)— 

16 (A) in the matter preceding paragraph (1), 

17 by striking ‘‘Chairman of the Development Co18 ordination Committee’’ and insert ‘‘President’’; 

19 (B) by striking paragraphs (6) and (7); 

20 and 

21 (C) by redesignating paragraphs (8) 

22 through (12) as paragraphs (6) through (10), 

23 respectively; and 

24 (2) by adding at the end the following new sub25 section: 


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1 ‘‘(c) REPORT REQUIRED.— 

2 ‘‘(1) IN GENERAL.—The President shall submit 

3 to the appropriate congressional committees, at such 

4 time that the President submits the annual budget 

5 request under section 1105 of title 31, United States 

6 Code, a report providing the most up-to-date and de7 tailed information on aid commitments and disburse8 ments by other donors and international organiza9 tions to countries and regions for which the Presi10 dent is seeking United States assistance funds. 

11 ‘‘(2) USE OF READILY AVAILABLE RESOURCES

12 AND STATISTICS.—In carrying out this subsection, 

13 the President shall utilize all readily available re14 sources and statistics, including information pro15 vided by such organizations as the Development As16 sistance Committee (DAC) of the Organization for 

17 Economic Cooperation and Development (OECD). 

18 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT19 TEES DEFINED.—In this subsection, the term ‘ap20 propriate congressional committees’ means— 

21 ‘‘(A) the Committee on Foreign Affairs of 

22 the House of Representatives; and 

23 ‘‘(B) the Committee on Foreign Relations 

24 of the Senate.’’. 


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1 SEC. 410. TRANSFER OF LIQUIDATED ASSETS OF CERTAIN 

2 ENTERPRISE FUNDS TO THE UNITED STATES 

3 TREASURY. 

4 (a) TRANSFER OF LIQUIDATED ASSETS.—The Presi5 dent, acting through the Administrator of the United 

6 States Agency for International Development, should 

7 transfer to the Treasury of the United States for purposes 

8 of payment on the public debt not less than 50 percent 

9 of all assets from the liquidation, dissolution, or winding 

10 up of each Enterprise Fund described in subsection (b). 

11 (b) ENTERPRISE FUNDS DESCRIBED.—The Enter12 prise Funds described in this subsection are the following: 

13 (1) The U.S.-Russia Investment Fund and the 

14 Western Newly Independent States Enterprise Fund 

15 established pursuant to section 498b(c) of the For16 eign Assistance Act of 1961 (22 U.S.C. 2295b(c)). 

17 (2) The Baltic-American Enterprise Fund es18 tablished pursuant to section 201 of the Support for 

19 East European Democracy (SEED) Act of 1989 (22 

20 U.S.C. 5421). 

21 (3) The South African Enterprise Development 

22 Fund established pursuant to sections 496 and 

23 635(b) of the Foreign Assistance Act of 1961. 


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1 SEC. 411. LIMITATION ON FUNDS FOR UNITED STATES 

2 AGENCY FOR INTERNATIONAL DEVELOP3 MENT’S OFFICE OF BUDGET AND RESOURCE 

4 MANAGEMENT. 

5 (a) STATEMENT OF POLICY.—In order to better align 

6 budget resources with United States foreign assistance 

7 strategic priorities and objectives, to establish clearer lines 

8 of authority and enhance accountability between agencies, 

9 to reduce replication of foreign assistance programs, and 

10 to ensure better efficiency and effectiveness of United 

11 States foreign assistance programs, it shall be the policy 

12 of the United States to vest budget authorities and policy 

13 planning for all United States foreign assistance within 

14 one office at the Department of State that shall complete 

15 the Federal budgets for both the Department of State and 

16 the United States Agency for International Development. 

17 (b) OFFICE OF BUDGET AND RESOURCE MANAGE18 MENT.—None of the funds authorized to be appropriated 

19 by this Act or any amendment made by this Act may be 

20 used to support the costs of maintaining the Office of 

21 Budget and Resource Management of the United States 

22 Agency for International Development. 

23 (c) REPORT.— 

24 (1) IN GENERAL.—Not later than 180 days 

25 after the date of the enactment of this Act, the 


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1 President shall submit to Congress a report that 

2 contains a feasibility study and strategy— 

3 (A) to eliminate duplicative bureaus, of4 fices, and positions, including an assessment 

5 and recommendations for the elimination of 

6 special envoys and special representatives; and 

7 (B) to consolidate such bureaus, offices, 

8 and positions, as necessary and appropriate, in 

9 a manner which maximizes efficiency and effec10 tiveness of United States foreign policy and as11 sistance. 

12 (2) MATTERS TO BE INCLUDED.—The report 

13 shall include a cost estimate for the establishment of 

14 additional bureaus and offices of the Department of 

15 State and the United States Agency for Inter16 national Development, as requested by the Secretary 

17 of State in the most recent Quadrennial Diplomacy 

18 and Development Review, with any cost offsets cre19 ated by the elimination of existing bureaus, offices, 

20 and positions. 

21 SEC. 412. PREVENTING TAXPAYER FUNDING FOR FOREIGN 

22 ORGANIZATIONS THAT PROMOTE OR PER23 FORM ABORTION. 

24 None of the funds authorized to be appropriated by 

25 this Act or any amendment made by this Act may be made 


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1 available to any foreign nongovernmental organization 

2 that promotes or performs abortion, except in cases of 

3 rape or incest or when the life of the mother would be 

4 endangered if the fetus were carried to term. 

5 SEC. 413. SENSE OF CONGRESS RELATING TO MICROEN6 TERPRISE DEVELOPMENT ASSISTANCE TO 

7 SUB-SAHARAN AFRICA. 

8 (a) IN GENERAL.—It is the sense of Congress that— 

9 (1) the United States Agency for International 

10 Development should seek to increase the reach, im11 pact, and effectiveness of microenterprise develop12 ment assistance in sub-Saharan Africa; 

13 (2) the United States Agency for International 

14 Development should target half of all sustainable 

15 poverty-focused programs under subsection (a) of 

16 section 252 of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2211a) to the very poor, as required by 

18 subsection (c) of such section; and 

19 (3) the United States Agency for International 

20 Development should seek to improve poverty assess21 ment tools used to provide microenterprise develop22 ment assistance so that the tools can assist the man23 agement and outreach of partner organizations to 

24 the very poor. 


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1 (b) DEFINITION.—In this section, the term ‘‘microen2 terprise development assistance’’ means assistance under 

3 title VI of chapter 2 of part I of the Foreign Assistance 

4 Act of 1961 (22 U.S.C. 2211 et seq.). 

5 TITLE V—UNITED STATES 

6 INTERNATIONAL BROAD7 CASTING 

8 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR 

9 INTERNATIONAL BROADCASTING. 

10 The following amounts are authorized to be appro11 priated to carry out United States international broad12 casting activities under the United States Information and 

13 Educational Exchange Act of 1948, the Radio Broad14 casting to Cuba Act, the Television Broadcasting to Cuba 

15 Act, the United States International Broadcasting Act of 

16 1994, and the Foreign Affairs Reform and Restructuring 

17 Act of 1998, and to carry out other authorities in law con18 sistent with such purposes: 

19 (1) For ‘‘International Broadcasting Oper20 ations’’, $741,500,000 for fiscal year 2012. 

21 (2) For ‘‘Broadcasting Capital Improvements’’, 

22 $6,875,000 for fiscal year 2012. 

23 SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM. 

24 Section 504(c) of the Foreign Relations Authoriza25 tion Act, Fiscal Year 2003, (Public Law 107–228; 22 


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1 U.S.C. 6206 note), is amended by striking ‘‘2009’’ and 

2 inserting ‘‘2014’’. 

3 SEC. 503. EMPLOYMENT FOR INTERNATIONAL BROAD4 CASTING. 

5 Section 804(1) of the United States Information and 

6 Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) 

7 is amended— 

8 (1) by inserting after ‘‘suitably qualified United 

9 States citizens’’ the following: ‘‘(for purposes of this 

10 paragraph, the term ‘suitably qualified United 

11 States citizens’ means those United States citizen 

12 applicants who are equally or better qualified than 

13 alien applicants)’’; and 

14 (2) by striking ‘‘Attorney General’’ and insert15 ing ‘‘Secretary of Homeland Security’’. 

16 SEC. 504. TECHNICAL AMENDMENT RELATING TO CIVIL IM17 MUNITY FOR BROADCASTING BOARD OF GOV18 ERNORS MEMBERS. 

19 Section 304 of the United States International 

20 Broadcasting Act of 1994 (22 U.S.C. 6203(g)) is amended 

21 by striking ‘‘Incorporated and Radio Free Asia’’ and in22 serting ‘‘Incorporated, Radio Free Asia, and Middle East 

23 Broadcasting Networks’’. 


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1 TITLE VI—REPORTING 

2 REQUIREMENTS 

3 SEC. 601. REPORTING REFORM. 

4 The following provisions of law are repealed: 

5 (1) Section 560(g) of Public Law 103–87. 

6 (2) Section 605(c) of App. G, Public Law 106– 

7 113. 

8 (3) Section 104 of Public Law 102–511. 

9 (4) Section 704(c) of Public Law 101–179. 

10 (5) Section 1012(c) of Public Law 103–337. 

11 (6) Subsections (c)(4) and (c)(5) of section 604 

12 of Public Law 96–465. 

13 (7) Section 585 in the matter under section 

14 101(c) of Division A of Public Law 104–208. 

15 (8) Sections 694(a), 694(b), 704, and 1321 of 

16 Public Law 107–228. 

17 (9) Sections 133(d) of Public Law 87–195. 

18 (10) Sections 11(b) of Public Law 107–245. 

19 (11) Section 514(a) of Public Law 103–236. 

20 (12) Section 807 of Public Law 98–164. 

21 SEC. 602. DIPLOMATIC RELATIONS WITH ISRAEL. 

22 (a) STATEMENT OF POLICY.—It is the policy of the 

23 United States to assist Israel in its efforts to establish 

24 and enhance its diplomatic relations with other responsible 


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1 countries and to promote Israel’s full participation in ap2 propriate multilateral forums. 

3 (b) REPORT.—Not later than 90 days after the date 

4 of the enactment of this Act and annually for each of the 

5 following three years, the Secretary of State shall submit 

6 to the appropriate congressional committees a report that 

7 includes the following information: 

8 (1) Actions taken by representatives of the 

9 United States to encourage other responsible coun10 tries to establish full diplomatic relations with Israel. 

11 (2) Specific responses solicited and received by 

12 the Secretary from countries that do not maintain 

13 full diplomatic relations with Israel with respect to 

14 their attitudes toward and plans for entering into 

15 diplomatic relations with Israel. 

16 (3) Actions taken by representatives of the 

17 United States to encourage Israel’s entry into appro18 priate regional and other groupings, encourage 

19 Israel’s election to governing bodies of appropriate 

20 multilateral forums, and support Israel’s member21 ship in appropriate multilateral forums. 

22 (4) Other measures being undertaken, and 

23 measures that will be undertaken, by the United 

24 States to ensure and promote Israel’s full participa25 tion in the world diplomatic community. 


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1 (c) FORM OF SUBMISSION.—Each report required 

2 under subsection (b) shall be submitted in unclassified 

3 form but may include a classified annex, if the Secretary 

4 of State determines such is appropriate. 

5 TITLE VII—PROLIFERATION 

6 SECURITY INITIATIVE 

7 SEC. 701. AUTHORITY TO INTERDICT CERTAIN IMPORTS TO 

8 AND EXPORTS FROM IRAN. 

9 The President is authorized to— 

10 (1) utilize the Proliferation Security Initiative 

11 and other measures necessary to enforce United 

12 States laws and Executive Orders, and multilateral 

13 and bilateral agreements, including the 2005 Pro14 tocol to the Convention for the Suppression of Un15 lawful Acts against the Safety of Maritime Naviga16 tion, for the purpose of interdicting the import into 

17 or export from Iran by the Government of Iran or 

18 any other country, entity, or person of any items, 

19 materials, equipment, goods, or technology useful for 

20 any nuclear, biological, chemical, missile, or conven21 tional arms program; and 

22 (2) utilize ship boarding and other interdiction 

23 agreements with countries determined to be nec24 essary to accomplish the purpose specified in para25 graph (1). 


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1 SEC. 702. REPORT. 

2 (a) IN GENERAL.—Section 2 of the Iran, North 

3 Korea, and Syria Nonproliferation Act (Public Law 106– 

4 178; 50 U.S.C. 1701 note) is amended— 

5 (1) in subsection (b), by striking ‘‘6-month pe6 riod’’ and inserting ‘‘120-day period’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(f) ADDITIONAL CONTENTS OF REPORTS.—Each 

10 report under subsection (a) shall contain a description, 

11 with respect the transfer or acquisition of the goods, serv12 ices, or technology described in such subsection, of the ac13 tions taken by foreign governments to assist in inter14 dicting such transfer or acquisition.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) take effect on the date of the enactment 

17 of this Act and apply with respect to the first report re18 quired to be submitted under section 2 of the Iran, North 

19 Korea, and Syria Nonproliferation Act after such date. 

20 SEC. 703. DEFINITIONS. 

21 In this title: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (A) the Committee of Foreign Affairs and 

2 the Committee on Appropriations of the House 

3 of Representatives; and 

4 (B) the Committee on Foreign Relations 

5 and the Committee on Appropriations of the 

6 Senate. 

7 (2) GOVERNMENT OF IRAN.—The term ‘‘Gov8 ernment of Iran’’ means— 

9 (A) any official of the Government of Iran; 

10 (B) any agency or instrumentality of the 

11 Government of Iran; 

12 (C) any entity that is owned or controlled, 

13 directly or indirectly, by the Government of 

14 Iran; 

15 (D) any member or instrumentality of the 

16 Iranian Revolutionary Guard Corps (IRGC); or 

17 (E) any entity that is owned or controlled, 

18 directly or indirectly by a member or instru19 mentality of the IRGC. 

20 TITLE VIII—MISCELLANEOUS 

21 PROVISIONS 

22 SEC. 801. BOUNDARY, WATER, AND FISHERIES COMMIS23 SIONS. 

24 (a) FINDINGS.—Congress finds the following: 


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1 (1) The boundary, water, and fisheries commis2 sions funded using the funds authorized to be appro3 priated under section 104 are longstanding treaty4 and agreement-based organizations formed to ad5 dress important border, water, and fisheries resource 

6 issues, and receive substantial financial support from 

7 United States taxpayers. 

8 (2) Although paragraph (g) of Article 24 of the 

9 1944 Water Treaty between Mexico and the United 

10 States (59 Stat. 1219) requires the International 

11 Boundary and Water Commission (United States 

12 and Mexico) to annually submit a joint report to the 

13 United States and Mexican Governments, the last 

14 English-language Annual Report was filed for 2006, 

15 and contained no detail regarding the cost of the 

16 Commission’s particular activities or the specific al17 location of Commission resources. 

18 (3) The International Joint Commission last 

19 filed an Annual Report for 2008 which, although it 

20 described past Commission projects and activities in 

21 general terms, contained no detail regarding the cost 

22 of its particular activities or the specific allocation of 

23 Commission resources. 


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1 (4) The International Boundary Commission 

2 (United States and Canada) last filed an Annual Re3 port for 2007. 

4 (5) The Great Lakes Fishery Commission, the 

5 largest recipient of United States assistance to inter6 national fisheries commissions, last filed an Annual 

7 Report for 2006, which was six pages long and con8 tained three lines of financial data. 

9 (6) In contrast, the most recent Annual Report 

10 by the Pacific Salmon Commission (filed in Sep11 tember 2010 for the 2007/2008 period) was 189 

12 pages long, and contained an independently audited 

13 financial statement. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that timely reporting by the boundary, water, and 

16 fisheries commissions that sufficiently explains each such 

17 commission’s activities and the disposition of each such 

18 commission’s resources is necessary to maintain public 

19 support for their continued funding. 

20 SEC. 802. LIMITATION ON FUNDS FOR U.S.-CHINA CENTER 

21 OF EXCELLENCE ON NUCLEAR SECURITY. 

22 No funds are authorized to be appropriated for the 

23 establishment or operation of the U.S.-China Center of 

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1 clear Security Administration and the China Atomic En2 ergy Authority. 

3 SEC. 803. ELIMINATION OF EAST-WEST CENTER. 

4 (a) PROHIBITION.—The Secretary of State may not 

5 use any amounts authorized to be appropriated by this Act 

6 to fund, make a grant to, provide assistance to, or other7 wise support the Center for Cultural and Technical Inter8 change Between East and West (commonly referred to as 

9 the ‘‘East-West Center’’). 

10 (b) REPEAL.—The Center for Cultural and Technical 

11 Interchange Between East and West Act of 1960 (chapter 

12 VII of the Mutual Security Act of 1960; Public Law 86– 

13 472) is repealed. 

14 SEC. 804. INSPECTOR GENERAL OF THE GLOBAL FUND. 

15 Section 202(d)(5) of the United States Leadership 

16 Against HIV/AIDS, Tuberculosis, and Malaria Act of 

17 2003 (22 U.S.C. 7622(d)(5)) is amended— 

18 (1) in subparagraph (C)— 

19 (A) by amending clause (ii) to read as fol20 lows: 

21 ‘‘(ii) all reports of the Inspector Gen22 eral of the Global Fund, without editing, 

23 restriction, or limitation, and in a manner 

24 that is consistent with the Policy for Dis25 closure of Reports of the Inspector GenVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 eral, approved at the 16th Meeting of the 

2 Board of the Global Fund, including a cer3 tification that no changes have been made 

4 to the Policy that would restrict the In5 spector General’s ability to disclose the re6 sults of his or her work and the discretion 

7 and authority of the Inspector General in 

8 executing the functions of the Office has 

9 not been limited, reduced, or minimized;’’; 

10 and 

11 (B) in clause (iv), strike ‘‘to the Board’’ 

12 and insert ‘‘to the Board, including Office of 

13 the Inspector General Progress Reports’’; and 

14 (2) by amending subparagraph (D) to read as 

15 follows: 

16 ‘‘(D) is maintaining a fully independent, 

17 well-staffed, and sufficiently resourced Office of 

18 the Inspector General that— 

19 ‘‘(i) reports directly to the Chair of 

20 the Board of the Global Fund; 

21 ‘‘(ii) compiles regular, publicly pub22 lished audits and investigations of finan23 cial, programmatic, and reporting aspects 

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1 ents, sub-recipients, contractors, suppliers, 

2 and LFAs; 

3 ‘‘(iii) documents incidents of harass4 ment, undue pressure, and interference in 

5 its work and evidence of reprisal or retalia6 tion, so that appropriate corrective action 

7 may be taken; and 

8 ‘‘(iv) maintains a robust mandate to 

9 conduct in-depth investigations and pro10 grammatic audits, free from undue restric11 tion, interference, harassment, and efforts 

12 to undermine its authority;’’. 

13 SEC. 805. ARAB LEAGUE BOYCOTT. 

14 It is the sense of Congress that— 

15 (1) the Arab League boycott of Israel, and the 

16 secondary boycott of United States firms that have 

17 commercial ties with Israel, is an impediment to 

18 peace in the region and to United States investment 

19 and trade in the Middle East and North Africa; 

20 (2) the Arab League boycott, which was regret21 tably reinstated in 1997, should be immediately and 

22 publicly terminated, and the Central Office for the 

23 Boycott of Israel immediately disbanded; 

24 (3) all Arab League states should normalize re25 lations with their neighbor Israel; 


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1 (4) the President and the Secretary of State 

2 should continue to vigorously oppose the Arab 

3 League boycott of Israel and find concrete steps to 

4 demonstrate that opposition by, for example, taking 

5 into consideration the participation of any recipient 

6 country in the boycott when determining to sell 

7 weapons to such country; and 

8 (5) the President should report to Congress an9 nually on specific steps being taken by the United 

10 States to encourage Arab League states to normalize 

11 their relations with Israel and to bring about the 

12 termination of the Arab League boycott of Israel, in13 cluding those steps being taken to encourage allies 

14 and trading partners of the United States to enact 

15 laws prohibiting businesses from complying with the 

16 boycott and penalizing businesses that do comply. 

17 SEC. 806. MEASURES SUPPORTING THE REUNIFICATION OF 

18 CYPRUS. 

19 (a) POLICY.—It shall be the policy of the United 

20 States to continue to support measures aimed at the re21 unification of Cyprus and to provide assistance to Cyprus 

22 only for programs and activities that are consistent with 

23 the goal of reunification of Cyprus and the achievement 

24 of a bi-communal, bi-zonal federation. 


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1 (b) CONSULTATION.—The President shall, to the 

2 maximum extent practicable, consult with the Government 

3 of the Republic of Cyprus with respect to the provision 

4 of United States assistance in Cyprus in order to ensure 

5 the transparency of such assistance. 

6 (c) REPORT MODIFICATION.—Section 620C(c) of the 

7 Foreign Assistance Act of 1961 (22 U.S.C. 2373(c)) is 

8 amended in the second sentence— 

9 (1) by striking ‘‘60-day’’ the second place it ap10 pears and inserting ‘‘90-day’’; and 

11 (2) by inserting before the period at the end the 

12 following: ‘‘, including a detailed description of pro13 grams and activities funded by the United States to 

14 help achieve the reunification of Cyprus’’. 

15 SEC. 807. LIMITATION ON ASSISTANCE TO THE FORMER 

16 YUGOSLAV REPUBLIC OF MACEDONIA. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) Greece has demonstrated an enormous good 

19 will gesture in agreeing that ‘‘Macedonia’’ may be 

20 included in the future name of the Former Yugoslav 

21 Republic of Macedonia (FYROM) as long as that 

22 term is combined with a geographic qualifier that 

23 makes it clear that there are no territorial ambitions 

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1 torical boundaries of the Greek province of Mac2 edonia. 

3 (2) The FYROM continues to utilize materials 

4 that violate provisions of the United Nations-bro5 kered Interim Agreement between the FYROM and 

6 Greece regarding incendiary rallies, rhetoric, or 

7 propaganda, and United Nations-led negotiations be8 tween the FYROM and Greece have so far failed to 

9 achieve the longstanding goals of the United States 

10 and the United Nations to find a mutually accept11 able, new official name for the FYROM. 

12 (b) SENSE OF CONGRESS.—It is the sense of Con13 gress that all United States assistance to the FYROM 

14 should be conditioned on the FYROM’s willingness to en15 gage in meaningful discussions with Greece in accordance 

16 with United Nations Security Council Resolution 817. 

17 (c) LIMITATION.—The Secretary of State may not 

18 use funds authorized to be appropriated under this Act 

19 for programs and activities that directly or indirectly pro20 mote incendiary rallies, rhetoric, or propaganda by state21 controlled agencies of the FYROM or encourage acts by 

22 private entities likely to incite violence, hatred, or hostility, 

23 including support for printing and publishing of textbooks, 

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1 formation on the histories and geographies of Greece and 

2 FYROM. 

3 SEC. 808. STATEMENT OF POLICY REGARDING THE ECU4 MENICAL PATRIARCHATE. 

5 The United States calls on the Republic of Turkey 

6 to— 

7 (1) based on the goals specified in the draft of 

8 the European Union Constitution, eliminate all 

9 forms of discrimination, particularly those forms 

10 based on race or religion, and immediately— 

11 (A) grant the Ecumenical Patriarchate ap12 propriate international recognition and eccle13 siastic succession; 

14 (B) grant the Ecumenical Patriarchate the 

15 right to train clergy of all nationalities, not just 

16 Turkish nationals; and 

17 (C) respect the human rights and property 

18 rights of the Ecumenical Patriarchate; 

19 (2) pledge to uphold and safeguard religious 

20 and human rights without compromise; and 

21 (3) continue the achievement of processes and 

22 programs to modernize and democratize its society. 

23 SEC. 809. SENSE OF CONGRESS ON RESTRICTIONS ON RELI24 GIOUS FREEDOM IN VIETNAM. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) The Secretary of State, under the Inter2 national Religious Freedom Act of 1998 (22 U.S.C. 

3 6401 et seq.) and authority delegated by the Presi4 dent, designates nations found guilty of ‘‘particularly 

5 severe violations of religious freedom’’ as ‘‘Countries 

6 of Particular Concern’’ (‘‘CPC’’). 

7 (2) In November 2006, the Secretary of State 

8 announced that the Socialist Republic of Vietnam 

9 was no longer designated as a ‘‘Country of Par10 ticular Concern’’. 

11 (3) The Unified Buddhist Church of Vietnam 

12 (UBCV), the Hoa Hao Buddhists, and the Cao Dai 

13 groups continue to face unwarranted abuses because 

14 of their attempts to organize independently of the 

15 Government of Vietnam, including the detention and 

16 imprisonment of individual members of these reli17 gious communities. 

18 (4) In September 2009, Vietnamese police 

19 cordoned off a Lang Mai Buddhist monastery, and 

20 monks were beaten, degraded, and sexually assaulted 

21 by undercover policemen and civilians. 

22 (5) Protestants continue to face beatings and 

23 other ill-treatment, harassment, fines, threats, and 

24 forced renunciations of faith. 


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1 (6) According to Human Rights Watch, 355 

2 Montagnard Protestants remain in prison, arrested 

3 after 2001 and 2004 demonstrations for land rights 

4 and religious freedom in the Central Highlands. 

5 (7) According to the United States Commission 

6 on International Religious Freedom, there are re7 ports that some Montagnard Protestants were im8 prisoned because of their religious affiliation or ac9 tivities or because religious leaders failed to inform 

10 on members of their religious community who alleg11 edly participated in demonstrations. 

12 (8) Ksor Tino, a Degar Christian, died on Sep13 tember 6, 2009, after being detained in a Plei Ku 

14 city prison and being tortured repeatedly with elec15 tric prods and severe physical punishment for refus16 ing to join a government sanctioned religion. 

17 (9) On November 11, 2010, hundreds of Viet18 namese police violently attacked a Catholic prayer 

19 service in the Gia Lai Provence, leaving 9 of the 

20 beaten unconscious from strokes to the head. 

21 (10) According to the United States Commis22 sion on International Religious Freedom 2010 An23 nual Report, religious freedom advocates and human 

24 rights defenders Nguyen Van Dai, Le Thi Cong 

25 Nhan, and Fr. Thaddeus Nguyen Van Ly are in 


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1 prison under Article 88 of the Criminal Code and 

2 Fr. Phan Van Loi is being held without official de3 tention orders under house arrest. 

4 (11) At least 15 individuals are being detained 

5 in long term house arrest for reasons related to their 

6 faith, including the most venerable Thich Quang Do 

7 and most of the leadership of the UBCV. 

8 (12) UBCV monks and youth groups leaders 

9 are harassed and detained and charitable activities 

10 are denied, Vietnamese officials discriminate against 

11 ethnic minority Protestants by denying medical, 

12 housing, and educational benefits to children and 

13 families, an ethnic minority Protestant was beaten 

14 to death for refusing to recant his faith, over 600 

15 Hmong Protestant churches are refused legal rec16 ognition or affiliation, leading to harassment, deten17 tions, and home destructions, and a government 

18 handbook on religion instructs government officials 

19 to control existing religious practice, halt ‘‘enemy 

20 forces’’ from ‘‘abusing religion’’ to undermine the 

21 Vietnamese Government, and ‘‘overcome the extraor22 dinary growth of Protestantism.’’ 

23 (13) Since August 2008, the Vietnamese Gov24 ernment has arrested and sentenced at least eight 

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1 licly slandered, and threatened Catholics engaged in 

2 peaceful activities seeking the return of Catholic 

3 Church properties confiscated by the Vietnamese 

4 Government after 1954 in Hanoi, including in the 

5 Thai Ha parish. 

6 (14) Local police and mobile ‘‘anti-riot’’ police 

7 attacked a funeral procession in the Con Dau parish 

8 on May 4, 2010, shooting tear gas and rubber bul9 lets, beating residents with batons and electric rods, 

10 injuring 100, and killing at least one. 

11 (15) The United States Commission on Inter12 national Religious Freedom, prominent nongovern13 mental organizations, and representative associations 

14 of Vietnamese-American, Montagnard-American, and 

15 Khmer-American organizations have called for the 

16 redesignation of Vietnam as a CPC. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) the Secretary of State should place Vietnam 

20 on the list of ‘‘Countries of Particular Concern’’ for 

21 particularly severe violations of religious freedom; 

22 and 

23 (2) the Government of Vietnam should lift re24 strictions on religious freedom and implement necVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 essary legal and political reforms to protect religious 

2 freedom. 

3 SEC. 810. STATE SPONSORSHIP OF TERRORISM BY ERI4 TREA. 

5 It is the sense of Congress that— 

6 (1) given the growing security threat from al 

7 Shabaab, a United States-designated foreign ter8 rorist organization, every effort should be made to 

9 tackle its outside sources of support; 

10 (2) Eritrea’s ongoing and well-documented sup11 port for armed insurgents in Somalia, including al 

12 Shabaab, poses a significant threat to the national 

13 security interests of the United States and East Af14 rican countries; and 

15 (3) the Secretary of State should designate Eri16 trea as a state sponsor of terrorism pursuant to sec17 tion 6(j) of the Export Administration Act of 1979, 

18 section 40 of the Arms Export Control Act, and sec19 tion 620A of the Foreign Assistance Act of 1961. 

20 SEC. 811. RIGHTS OF RELIGIOUS MINORITIES IN EGYPT. 

21 (a) STATEMENT OF CONGRESS.—Congress is con22 cerned about the state of religious freedom in Egypt and 

23 the plight of religious minorities in the country, including 

24 Coptic Christians. 


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1 (b) SENSE OF CONGRESS.—The Office of Inter2 national Religious Freedom and the Bureau of Democ3 racy, Human Rights and Labor at the Department of 

4 State should dedicate all appropriate resources to pro5 moting the rights of religious minorities in Egypt. 

6 SEC. 812. THE REPUBLIC OF THE SUDAN AND THE REPUB7 LIC OF SOUTH SUDAN. 

8 (a) FINDINGS.—Congress finds the following: 

9 (1) The United States was a witness to the 

10 2005 Comprehensive Peace Agreement (CPA), which 

11 marked the end of more than two decades of civil 

12 war between North and South Sudan that resulted 

13 in the deaths of more than 2,000,000 people. 

14 (2) The CPA provided the framework for a his15 toric referendum to determine the future status of 

16 South Sudan held between January 9, 2011, and 

17 January 15, 2011. 

18 (3) On February 7, 2011, the Southern Sudan 

19 Referendum Commission announced that the people 

20 of South Sudan voted in favor of succession from 

21 the Republic of the Sudan by a margin of 98.8 per22 cent in a credible and transparent vote. 

23 (4) The mandate for the United Nations Mis24 sion in Sudan (UNMIS), which was established by 

25 United Nations Security Council Resolution 1590 on 


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1 March 24, 2005, and was instrumental in sup2 porting the implementation of the CPA, expired on 

3 July 9, 2011, with the completion of the CPA In4 terim Period. 

5 (5) The mandate for the United Nations Mis6 sion in South Sudan (UNMISS), as established by 

7 United Nations Security Council Resolution 1996 

8 (2011), commenced on July 9, 2011. 

9 (6) Several outstanding issues relating to CPA 

10 implementation and potential points of conflict re11 main unresolved between North and South Sudan, 

12 including the final status of the contested area of 

13 Abyei, ongoing violence in Southern Kordofan and 

14 Blue Nile, disputed border areas, citizenship rights 

15 and nationality, division of oil resources and profits, 

16 currency, international debt and assets, the libera17 tion of slaves from South Sudan still held in Sudan, 

18 and other matters. 

19 (7) Lasting peace and stability for the region 

20 cannot be realized until all outstanding elements of 

21 the CPA are dealt with in a fair and peaceful man22 ner and a comprehensive peace is secured in Darfur. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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1 (1) the independence of the Republic of South 

2 Sudan represents an historic opportunity for peace 

3 in the region and the people of South Sudan should 

4 be commended for freely and peacefully expressing 

5 their desire for independence through a credible and 

6 transparent referendum; 

7 (2) the people and leaders of South Sudan 

8 should be commended for their efforts to reach this 

9 historic milestone; 

10 (3) all parties should continue to work to re11 solve outstanding matters relating to implementation 

12 of the Comprehensive Peace Agreement for Sudan, 

13 including the final status of Abyei, disputed border 

14 areas, the completion of popular consultations and 

15 security arrangements in Southern Kordofan and 

16 Blue Nile, citizenship and nationality, division of oil 

17 resources and profits, currency, international debt 

18 and assets, the liberation of slaves from South 

19 Sudan still held in Sudan, and other matters in 

20 order to ensure a smooth transition to two states 

21 and to mitigate points of conflict; 

22 (4) all parties should fully implement their 

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1 tablish a cessation of hostilities in Southern 

2 Kordofan; 

3 (5) the deployment of up to 4,200 Ethiopian 

4 peacekeepers to Abyei and the new United Nations 

5 Mission in South Sudan (UNMISS) are expected to 

6 help provide security and stability in the region; 

7 (6) peace, rule of law, security, and good gov8 ernance should be promoted throughout Sudan and 

9 South Sudan, particularly efforts to— 

10 (A) advance security and stability in both 

11 countries, especially in critical areas such as 

12 Darfur, Blue Nile, and Southern Kordofan and 

13 in Abyei; 

14 (B) promote respect for the human and 

15 civil rights of all, including southerners living in 

16 Sudan and northerners living in South Sudan; 

17 (C) encourage the development of multi18 party democracy, vibrant democratic institu19 tions, and freedom of speech and association; 

20 (D) prevent extremists groups from ex21 ploiting the territories of Sudan and South 

22 Sudan and encourage full cooperation with the 

23 United States on counterterrorism priorities; 

24 and 


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1 (E) encourage a productive relationship be2 tween Sudan and South Sudan that recognizes 

3 the mutual need for cooperation and an open 

4 flow of people and goods across borders and to 

5 refrain from the use of proxy forces to foment 

6 conflict; and 

7 (7) the Darfur peace process should remain a 

8 priority in United States relations with Sudan, par9 ticularly with regard to efforts to secure a just and 

10 lasting peace in Darfur, humanitarian access to vul11 nerable populations, and freedom of movement for 

12 the African Union-United Nations Mission in Darfur 

13 (UNAMID). 

14 TITLE IX—SECURITY 

15 ASSISTANCE 

16 SEC. 901. SHORT TITLE. 

17 This title may be cited as the ‘‘Security Assistance 

18 Act of 2011’’. 

19 Subtitle A—Military Assistance and 

20 Related Matters 

21 PART I—FUNDING AUTHORIZATIONS 

22 SEC. 911. FOREIGN MILITARY FINANCING PROGRAM. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the President for 

25 grant assistance under section 23 of the Arms Export 


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1 Control Act (22 U.S.C. 2763), $6,374,000,000 for fiscal 

2 year 2012. 

3 (b) ASSISTANCE FOR ISRAEL.— 

4 (1) SENSE OF CONGRESS.—It is the sense of 

5 Congress that the United States should continue to 

6 support the August 2007 announcement that it 

7 would increase United States military assistance to 

8 Israel by $6 billion through incremental $150 mil9 lion annual increases in Foreign Military Financing 

10 program assistance to Israel, starting at $2.55 bil11 lion in fiscal year 2009 and reaching $3.15 billion 

12 in each of the fiscal years 2013 through 2018. 

13 (2) AMENDMENTS.—Section 513(c) of the Se14 curity Assistance Act of 2000 (Public Law 106–280; 

15 114 Stat. 856), as amended by section 1221(a) of 

16 the Security Assistance Act of 2002 (division B of 

17 Public Law 107–228; 116 Stat. 1430), is further 

18 amended— 

19 (A) in paragraph (1)— 

20 (i) by striking ‘‘each of the fiscal 

21 years 2002 and 2003’’ and inserting ‘‘fis22 cal year 2012’’; and 

23 (ii) by striking ‘‘each such fiscal year’’ 

24 and inserting ‘‘such fiscal year’’; 


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1 (B) in paragraph (3), by striking ‘‘Funds 

2 authorized’’ and all that follows through 

3 ‘‘later.’’ and inserting ‘‘Funds authorized to be 

4 available for Israel under subsection (b)(1) and 

5 paragraph (1) of this subsection for fiscal year 

6 2012 shall be disbursed not later than 30 days 

7 after the date of the enactment of an Act mak8 ing appropriations for foreign operations, export 

9 financing, and related programs for fiscal year 

10 2012, or October 31, 2011, whichever is later’’; 

11 and 

12 (C) in paragraph (4)— 

13 (i) by striking ‘‘fiscal years 2002 and 

14 2003’’ and inserting ‘‘fiscal year 2012’’; 

15 and 

16 (ii) by striking ‘‘$535,000,000 for fis17 cal year 2002 and not less than 

18 $550,000,000 for fiscal year 2003’’ and in19 serting ‘‘not less than $3,075,000,000 for 

20 fiscal year 2012’’. 

21 (c) ASSISTANCE FOR IRAQ.— 

22 (1) FINDINGS.—Congress finds the following: 

23 (A) United States support for the security 

24 of the Government of Iraq remains critical for 


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1 the long-term success of United States efforts 

2 in that country. 

3 (B) United States security assistance from 

4 the Iraq Security Forces Fund (ISFF) account 

5 administered by the Department of Defense has 

6 been discontinued in H.R. 2219, the Depart7 ment of Defense Appropriations Act, 2012, as 

8 passed the House of Representatives, with the 

9 intent of transitioning responsibility for such 

10 activities to the Foreign Military Financing pro11 gram administered by the Department of State. 

12 (C) The ISFF account was funded at $1.5 

13 billion for fiscal year 2011 under the Depart14 ment of Defense and Full-Year Continuing Ap15 propriations Act, 2011. 

16 (D) The request for Foreign Military Fi17 nancing program assistance for the Government 

18 of Iraq for fiscal year 2012 is $1 billion mark19 ing a $500 million reduction from previous lev20 els of security assistance for Iraq. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.—Of 

22 the amounts authorized to be appropriated under 

23 subsection (a), $1,000,000,000 is authorized to be 

24 appropriated to the President for grant assistance 

25 under section 23 of the Arms Export Control Act 


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1 (22 U.S.C. 2763) for the Government of Iraq for fis2 cal year 2012. 

3 (3) REPORT.—Not later than 90 days after the 

4 date of enactment of this Act, the Comptroller Gen5 eral of the United States shall submit to the appro6 priate congressional committees a report that— 

7 (A) reviews and comments on the grant as8 sistance provided under section 23 of the Arms 

9 Export Control Act (22 U.S.C. 2763) for the 

10 Government of Iraq for fiscal year 2012; 

11 (B) includes the amount of such grant as12 sistance that is unobligated or unexpended as of 

13 such date; and 

14 (C) provides recommendations regarding 

15 additional actions to ensure greater account16 ability and transparency with respect to the 

17 provision of United States assistance to Iraq. 

18 SEC. 912. INTERNATIONAL MILITARY EDUCATION AND 

19 TRAINING. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 542 of the Foreign Assistance Act of 1961 (22 U.S.C. 

22 2347a) is amended by striking ‘‘There are authorized’’ 

23 and all that follows through ‘‘fiscal year 1987’’ and insert24 ing ‘‘There are authorized to be appropriated to the PresiVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 dent to carry out the purposes of this chapter 

2 $105,800,000 for fiscal year 2012’’. 

3 (b) AUTHORITY TO PROVIDE TO INTERNATIONAL

4 ORGANIZATIONS.—Section 541 of the Foreign Assistance 

5 Act of 1961 (22 U.S.C. 2347) is amended in the first sen6 tence by adding at the end before the period the following: 

7 ‘‘and comparable personnel of regional and sub-regional 

8 organizations for the purposes of contributing to peace9 keeping operations’’. 

10 PART II—MILITARY ASSISTANCE AUTHORITIES 

11 AND RELATED PROVISIONS 

12 SEC. 921. AUTHORITY TO TRANSFER EXCESS DEFENSE AR13 TICLES. 

14 Section 516(g)(1) of the Foreign Assistance Act of 

15 1961 (22 U.S.C. 2321j(g)(1)) is amended— 

16 (1) by inserting ‘‘authorized to be’’ before 

17 ‘‘transferred’’; and 

18 (2) by striking ‘‘425,000,000’’ and inserting 

19 ‘‘450,000,000’’. 

20 SEC. 922. ANNUAL MILITARY ASSISTANCE REPORT. 

21 (a) INFORMATION RELATING TO MILITARY ASSIST22 ANCE AND MILITARY EXPORTS.—Section 655(b) of the 

23 Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)) is 

24 amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘whether such defense articles—’’ and in3 serting ‘‘the following:’’ 

4 (2) in paragraph (1)— 

5 (A) by inserting ‘‘Whether such defense ar6 ticles’’ before ‘‘were’’; and 

7 (B) by striking the semicolon at the end 

8 and inserting a period; 

9 (3) in paragraph (2)— 

10 (A) by inserting ‘‘Whether such defense ar11 ticles’’ before ‘‘were’’; and 

12 (B) by striking ‘‘; or’’ at the end and in13 serting a period; and 

14 (4) by striking paragraph (3) and inserting the 

15 following: 

16 ‘‘(3) Whether such defense articles were ex17 ported without a license under section 38 of the 

18 Arms Export Control Act pursuant to an exemption 

19 established under the International Traffic in Arms 

20 Regulations, other than defense articles exported in 

21 furtherance of a letter of offer and acceptance under 

22 the Foreign Military Sales program or a technical 

23 assistance or manufacturing license agreement, in24 cluding the specific exemption in the regulation 

25 under which the export was made. 


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1 ‘‘(4) A detailed listing, by United States Muni2 tions List category and sub-category, as well as by 

3 country and by international organization, of the ac4 tual total dollar value of major defense equipment 

5 and defense articles delivered pursuant to licenses 

6 authorized under section 38 of the Arms Export 

7 Control Act for the previous fiscal year. 

8 ‘‘(5) In the case of defense articles that are 

9 firearms controlled under category I of the United 

10 States Munitions List, a statement of the aggregate 

11 dollar value and quantity of semiautomatic assault 

12 weapons, or spare parts for such weapons, the man13 ufacture, transfer, or possession of which is unlawful 

14 under section 922 of title 18, United States Code, 

15 that were licensed for export during the period cov16 ered by the report.’’. 

17 (b) INFORMATION NOT REQUIRED.—Section 655 of 

18 the Foreign Assistance Act of 1961 (22 U.S.C. 2415) is 

19 amended— 

20 (1) by redesignating subsection (c) as sub21 section (d); and 

22 (2) by inserting after subsection (b) the fol23 lowing: 

24 ‘‘(c) INFORMATION NOT REQUIRED.—Each such re25 port may exclude information relating to— 


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1 ‘‘(1) exports of defense articles (including ex2 cess defense articles), defense services, and inter3 national military education and training activities 

4 authorized by the United States on a temporary 

5 basis; 

6 ‘‘(2) exports of such articles, services, and ac7 tivities to United States Government end users lo8 cated in foreign countries; and 

9 ‘‘(3) and the value of manufacturing license 

10 agreements or technical assistance agreements li11 censed under section 38 of the Arms Export Control 

12 Act.’’. 

13 SEC. 923. ANNUAL REPORT ON FOREIGN MILITARY TRAIN14 ING. 

15 Section 656(a)(1) of the Foreign Assistance Act of 

16 1961 (22 U.S.C. 2416(a)(1)) is amended— 

17 (1) by striking ‘‘January 31’’ and inserting 

18 ‘‘March 1’’; and 

19 (2) by striking ‘‘and all such training proposed 

20 for the current fiscal year’’. 

21 SEC. 924. GLOBAL SECURITY CONTINGENCY FUND. 

22 (a) AUTHORITY.— 

23 (1) IN GENERAL.—The Secretary of State, with 

24 the concurrence of the Secretary of Defense, is au25 thorized to establish a fund, to be known as the 


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1 Global Security Contingency Fund, which shall con2 sist of such amounts as may be contributed under 

3 paragraph (2) to the fund, to provide assistance to 

4 a foreign country described in subsection (b) for the 

5 purposes described in subsection (c). The program 

6 authorized under this subsection shall be jointly fi7 nanced and carried out by the Department of State 

8 and the Department of Defense in accordance with 

9 the requirements of this section. 

10 (2) CONTRIBUTIONS TO FUND.— 

11 (A) IN GENERAL.—For each of fiscal years 

12 2012 through 2015, the Secretary of State and 

13 the Secretary of Defense may contribute not 

14 more than $300,000,000 of amounts made 

15 available to carry out the provisions of law de16 scribed in subsection (d). 

17 (B) AVAILABILITY.—Notwithstanding any 

18 other provision of law, amounts contributed 

19 under this paragraph to the fund shall be 

20 merged with amounts in the fund and shall be 

21 available for purposes of carrying out the pro22 gram authorized under this subsection. 

23 (3) LIMITATION.—The authority of this sub24 section may not be exercised with respect to a fiscal 

25 year until— 


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1 (A) the Secretary of State contributes to 

2 the fund not less than one-third of the total 

3 amount contributed to the fund for the fiscal 

4 year; and 

5 (B) the Secretary of Defense contributes to 

6 the fund not more than two-thirds of the total 

7 amount contributed to the fund for the fiscal 

8 year. 

9 (4) RULE OF CONSTRUCTION.—The ratios of 

10 contributions described in paragraph (3) shall be de11 termined at the beginning of a fiscal year and may 

12 not be determined on a project-by-project basis. 

13 (b) ELIGIBLE FOREIGN COUNTRIES.—A foreign 

14 country described in this subsection is a country that is 

15 designated by the Secretary of State, with the concurrence 

16 of the Secretary of Defense, and is eligible to receive as17 sistance under one or more of the provisions of law de18 scribed in subsection (d). 

19 (c) PURPOSE OF PROGRAM.—The program author20 ized under subsection (a) may provide assistance to en21 hance the capabilities of military forces, and other security 

22 forces that conduct border and maritime security, and 

23 counterterrorism operations, as well as the government 

24 agencies responsible for such forces, in order to strengthen 


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1 a foreign country’s national and regional security interests 

2 consistent with United States foreign policy interests. 

3 (d) PROVISIONS OF LAW DESCRIBED.—The provi4 sions of law described in this subsection are the following: 

5 (1) Section 1206 of the National Defense Au6 thorization Act for Fiscal Year 2006 (Public Law 

7 109–163; 119 Stat. 3456; relating to program to 

8 build the capacity of foreign military forces). 

9 (2) Section 1033 of the National Defense Au10 thorization Act for Fiscal Year 1998 (Public Law 

11 105–85; 111 Stat. 1881; relating to authority to 

12 provide additional support for counter-drug activities 

13 of other countries). 

14 (3) Amounts authorized to be appropriated by 

15 section 301 for operation and maintenance, Defense16 wide activities, and available for the Defense Secu17 rity Cooperation Agency for the Warsaw Initiative 

18 Funds (WIF) for the participation of the North At19 lantic Treaty Organization (NATO) members in the 

20 exercises and programs of the Partnership for Peace 

21 program of the North Atlantic Treaty Organization. 

22 (4) Section 23 of the Arms Export Control Act 

23 (22 U.S.C. 2763; relating to foreign military financ24 ing program). 


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1 (5) Section 481 of the Foreign Assistance Act 

2 of 1961 (22 U.S.C. 2291; relating to international 

3 narcotics control and law enforcement). 

4 (6) Chapter 5 of part II of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2347 et seq.; relating 

6 to international military education and training pro7 gram). 

8 (7) Chapter 8 of part II of the Foreign Assist9 ance Act of 1961 (22 U.S.C. 2349aa et seq.; relating 

10 to antiterrorism assistance). 

11 (e) FORMULATION AND EXECUTION OF PROGRAM.— 

12 (1) IN GENERAL.—The program authorized 

13 under subsection (a)— 

14 (A) shall be jointly formulated by the Sec15 retary of State and the Secretary of Defense; 

16 and 

17 (B) shall, prior to its implementation, be 

18 approved by the Secretary of State, with the 

19 concurrence of the Secretary of Defense. 

20 (2) REQUIRED ELEMENTS.—The program au21 thorized under subsection (a) shall include elements 

22 that promote— 

23 (A) observance of and respect for human 

24 rights and fundamental freedoms; and 


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1 (B) respect for legitimate civilian author2 ity. 

3 (f) RELATED AUTHORITIES.— 

4 (1) IN GENERAL.—The program authorized 

5 under subsection (a) shall be— 

6 (A) jointly financed by the Secretary of 

7 State and the Secretary of Defense through 

8 amounts contributed to the fund under sub9 section (a)(2) from one or more provisions of 

10 law described in subsection (d) under which the 

11 foreign country is eligible to receive assistance; 

12 and 

13 (B) carried out under the authorities of 

14 such provisions of law and the authorities of 

15 this section. 

16 (2) ADMINISTRATIVE AUTHORITIES.—Funds 

17 made available under a program authorized under 

18 subsection (a) shall be subject to the same adminis19 trative authorities as apply to funds made available 

20 to carry out the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2151 et seq.). 

22 (3) LIMITATION ON ELIGIBLE COUNTRIES.— 

23 The program authorized under subsection (a) may 

24 not include the provision of assistance to— 


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1 (A) any foreign country that is otherwise 

2 prohibited from receiving such assistance under 

3 any other provision of law; or 

4 (B) Iraq, Afghanistan, or Pakistan. 

5 (g) CONGRESSIONAL NOTIFICATION.— 

6 (1) IN GENERAL.—Not less than 15 days before 

7 implementing an activity under the program author8 ized under subsection (a), the Secretary of State, 

9 with the concurrence of the Secretary of Defense, 

10 shall submit to the congressional committees speci11 fied in paragraph (2) a notification of— 

12 (A) the name of the country with respect 

13 to which the activity will be implemented; and 

14 (B) the budget, implementation timeline 

15 with milestones, and completion date for the ac16 tivity. 

17 (2) SPECIFIED CONGRESSIONAL COMMIT18 TEES.—The congressional committees specified in 

19 this paragraph are— 

20 (A) the Committee on Armed Services, the 

21 Committee on Foreign Relations, and the Com22 mittee on Appropriations of the Senate; and 

23 (B) the Committee on Armed Services, the 

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1 mittee on Appropriations of the House of Rep2 resentatives. 

3 (h) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to constitute an authorization or 

5 extension of any of the provisions of law described in sub6 section (d). 

7 (i) TERMINATION OF PROGRAM.—The authority to 

8 carry out the program authorized under subsection (a) ter9 minates at the close of September 30, 2015. An activity 

10 under the program directed before that date may be com11 pleted after that date, but only using funds made available 

12 for fiscal years 2012 through 2015. 

13 SEC. 925. INTERNATIONAL MILITARY EDUCATION AND 

14 TRAINING. 

15 (a) LIMITATIONS.— 

16 (1) CHAD.—The President may not use funds 

17 made available to carry out chapter 5 of part II of 

18 the Foreign Assistance Act of 1961 (22 U.S.C. 2347 

19 et seq.) for fiscal year 2012 for assistance to Chad 

20 until the President certifies to the appropriate con21 gressional committees that the Government of Chad 

22 has taken credible and verifiable steps to implement 

23 a plan of action to end the recruitment and use of 

24 child soldiers, including the demobilization of child 

25 soldiers. 


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1 (2) EQUATORIAL GUINEA AND SOMALIA.—The 

2 President may not use funds made available to carry 

3 out chapter 5 of part II of the Foreign Assistance 

4 Act of 1961 (22 U.S.C. 2347 et seq.) for fiscal year 

5 2012 for assistance to Equatorial Guinea or Soma6 lia. 

7 (3) TRAINING.—The President may use funds 

8 made available to carry out chapter 5 of part II of 

9 the Foreign Assistance Act of 1961 (22 U.S.C. 2347 

10 et seq.) for fiscal year 2012 for assistance to Angola, 

11 Cameroon, the Central African Republic, Chad, Cote 

12 d’Ivoire, Guinea, or Zimbabwe only for training re13 lated to international peacekeeping operations or ex14 panded international military education and train15 ing. 

16 (4) NOTIFICATION.— 

17 (A) IN GENERAL.—The President shall no18 tify the appropriate congressional committees at 

19 least 15 days in advance of making funds de20 scribed in subparagraph (B) available for as21 sistance to Angola, Bangladesh, Cameroon, the 

22 Central African Republic, Chad, Cote d’Ivoire, 

23 Democratic Republic of the Congo, Ethiopia, 

24 Guatemala, Guinea, Haiti, Kenya, Libya, 

25 Nepal, Nigeria, or Sri Lanka. A notification 


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1 under this subparagraph shall include a detailed 

2 description of activities that are proposed to be 

3 carried out using such assistance. 

4 (B) FUNDS DESCRIBED.—Funds referred 

5 to in subparagraph (A) are funds made avail6 able to carry out chapter 5 of part II of the 

7 Foreign Assistance Act of 1961 (22 U.S.C. 

8 2347 et seq.) for fiscal year 2012. 

9 (5) ENTERTAINMENT ALLOWANCES.—The 

10 President may use not more than $55,000 of funds 

11 made available to carry out chapter 5 of part II of 

12 the Foreign Assistance Act of 1961 (22 U.S.C. 2347 

13 et seq.) for fiscal year 2012 for entertainment allow14 ances. 

15 (b) REPORTING REQUIREMENT.—Not later than 

16 April 1, 2012, and each fiscal quarter thereafter for the 

17 following two years, the President shall submit to the ap18 propriate congressional committees a report on the use of 

19 funds made available to carry out chapter 5 of part II 

20 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 

21 et seq.), including a description of the obligation and ex22 penditure of such funds, and the specific countries in re23 ceipt of, and the use or purpose of the assistance provided 

24 by, such funds. 


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1 PART III—ARMS EXPORT CONTROL ACT 

2 AMENDMENTS AND RELATED PROVISIONS 

3 SEC. 931. INCREASED FLEXIBILITY FOR USE OF DEFENSE 

4 TRADE CONTROL REGISTRATION FEES. 

5 (a) IN GENERAL.—Section 45 of the State Depart6 ment Basic Authorities Act of 1956 (22 U.S.C. 2717) is 

7 amended— 

8 (1) in the first sentence— 

9 (A) by striking ‘‘For’’ and inserting ‘‘(a) 

10 IN GENERAL.—For’’; and 

11 (B) by striking ‘‘Office’’ and inserting ‘‘Di12 rectorate’’; and 

13 (2) by amending the second sentence to read as 

14 follows: 

15 ‘‘(b) AVAILABILITY OF FEES.—Fees credited to the 

16 account referred to in subsection (a) shall be available only 

17 for payment of expenses incurred for— 

18 ‘‘(1) management; 

19 ‘‘(2) licensing; 

20 ‘‘(3) compliance; 

21 ‘‘(4) policy activities; and 

22 ‘‘(5) public outreach.’’. 

23 (b) CONFORMING AMENDMENT.—Section 

24 38(b)(3)(A) of the Arms Export Control Act (22 U.S.C. 

25 2778(b)(3)(A)) is amended to read as follows: 


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1 ‘‘(3)(A) For each fiscal year, 100 percent of 

2 registration fees collected pursuant to paragraph (1) 

3 shall be credited to a Department of State account, 

4 to be available without fiscal year limitation. Fees 

5 credited to that account shall be available only for 

6 the payment of expenses incurred for— 

7 ‘‘(i) management; 

8 ‘‘(ii) licensing; 

9 ‘‘(iii) compliance; 

10 ‘‘(iv) policy activities; and 

11 ‘‘(v) public outreach.’’. 

12 SEC. 932. INCREASE IN CONGRESSIONAL NOTIFICATION 

13 THRESHOLDS. 

14 (a) FOREIGN MILITARY SALES.— 

15 (1) IN GENERAL.—Section 36(b) of the Arms 

16 Export Control Act (22 U.S.C. 2776(b)) is amend17 ed— 

18 (A) in paragraph (1)— 

19 (i) by striking ‘‘$50,000,000’’ and in20 serting ‘‘$100,000,000’’; 

21 (ii) by striking ‘‘$200,000,000’’ and 

22 inserting ‘‘$300,000,000’’; and 

23 (iii) by striking ‘‘$14,000,000’’ and 

24 inserting ‘‘$25,000,000’’; 


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1 (B) by redesignating paragraphs (2) 

2 through (6) as paragraphs (3) through (7), re3 spectively; and 

4 (C) by striking ‘‘The letter of offer shall 

5 not be issued’’ and all that follows through ‘‘en6 acts a joint resolution’’ and inserting the fol7 lowing: 

8 ‘‘(2) The letter of offer shall not be issued— 

9 ‘‘(A) with respect to a proposed sale of any 

10 defense articles or defense services under this 

11 Act for $200,000,000 or more, any design and 

12 construction services for $300,000,000 or more, 

13 or any major defense equipment for 

14 $75,000,000 or more, to the North Atlantic 

15 Treaty Organization (NATO), any member 

16 country of NATO, Japan, Australia, the Repub17 lic of Korea, Israel, or New Zealand, if Con18 gress, within 15 calendar days after receiving 

19 such certification, or 

20 ‘‘(B) with respect to a proposed sale of any 

21 defense articles or services under this Act for 

22 $100,000,000 or more, any design and con23 struction services for $200,000,000 or more, or 

24 any major defense equipment for $50,000,000 

25 or more, to any other country or organization, 


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1 if Congress, within 30 calendar days after re2 ceiving such certification, 

3 enacts a joint resolution’’. 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.—Section 36 of the Arms Export Control 

6 Act (22 U.S.C. 2776) is amended— 

7 (A) in subsection (b)— 

8 (i) in paragraph (6)(C) (as redesig9 nated), by striking ‘‘Subject to paragraph 

10 (6), if’’ and inserting ‘‘If’’; and 

11 (ii) by striking paragraph (7) (as re12 designated); and 

13 (B) in subsection (c)(4), by striking ‘‘sub14 section (b)(5)’’ each place it appears and insert15 ing ‘‘subsection (b)(6)’’. 

16 (b) COMMERCIAL SALES.—Section 36(c) of the Arms 

17 Export Control Act (22 U.S.C. 2776(c)) is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘Subject to paragraph (5), 

20 in’’ and inserting ‘‘In’’; 

21 (B) by striking ‘‘$14,000,000’’ and insert22 ing ‘‘$25,000,000’’; and 

23 (C) by striking ‘‘$50,000,000’’ and insert24 ing ‘‘$100,000,000’’; 

25 (2) in paragraph (2)— 


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1 (A) in subparagraph (A)— 

2 (i) by inserting after ‘‘for an export’’ 

3 the following: ‘‘of any major defense equip4 ment sold under a contract in the amount 

5 of $75,000,000 or more or of defense arti6 cles or defense services sold under a con7 tract in the amount of $200,000,000 or 

8 more, (or, in the case of a defense article 

9 that is a firearm controlled under category 

10 I of the United States Munitions List, 

11 $1,000,000 or more)’’; and 

12 (ii) by striking ‘‘Organization,’’ and 

13 inserting ‘‘Organization (NATO),’’ and by 

14 further striking ‘‘that Organization’’ and 

15 inserting ‘‘NATO’’; and 

16 (B) in subparagraph (C), by inserting after 

17 ‘‘license’’ the following: ‘‘for an export of any 

18 major defense equipment sold under a contract 

19 in the amount of $50,000,000 or more or of de20 fense articles or defense services sold under a 

21 contract in the amount of $100,000,000 or 

22 more, (or, in the case of a defense article that 

23 is a firearm controlled under category I of the 

24 United States Munitions List, $1,000,000 or 

25 more)’’; 


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1 (3) by striking paragraph (5); and 

2 (4) by redesignating paragraph (6) as para3 graph (5). 

4 SEC. 933. RETURN OF DEFENSE ARTICLES. 

5 Section 21(m)(1)(B) of the Arms Export Control Act 

6 (22 U.S.C. 2761(m)(1)(B)) is amended by adding at the 

7 end before the semicolon the following: ‘‘, unless the Sec8 retary of State has provided prior approval of such re9 transfer’’. 

10 SEC. 934. ANNUAL ESTIMATE AND JUSTIFICATION FOR 

11 SALES PROGRAM. 

12 Section 25(a)(3) of the Arms Export Control Act (22 

13 U.S.C. 2765(a)(3)) is amended by striking by adding at 

14 the end before the semicolon the following: ‘‘, as well as 

15 any plan for regional security cooperation developed in 

16 consultation with Embassy Country Teams and the De17 partment of State’’. 

18 SEC. 935. UPDATING AND CONFORMING PENALTIES FOR 

19 VIOLATIONS OF SECTIONS 38 AND 39 OF THE 

20 ARMS EXPORT CONTROL ACT. 

21 (a) IN GENERAL.—Section 38(c) of the Arms Export 

22 Control Act (22 U.S.C. 2778(c)) is amended to read as 

23 follows: 

24 ‘‘(c) VIOLATIONS OF THIS SECTION AND SECTION

25 39.— 


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1 ‘‘(1) UNLAWFUL ACTS.—It shall be unlawful 

2 for any person to violate, attempt to violate, conspire 

3 to violate, or cause a violation of any provision of 

4 this section or section 39, or any rule or regulation 

5 issued under either section, or a treaty referred to 

6 in subsection (j)(1)(c)(i), including any rule or regu7 lation issued to implement or enforce a treaty re8 ferred to in subsection (j)(1)(c)(i) or an imple9 menting arrangement pursuant to such a treaty, or 

10 who, in a registration or license application or re11 quired report, makes any untrue statement of a ma12 terial fact or omits to state a material fact required 

13 to be stated therein or necessary to make the state14 ments therein not misleading. 

15 ‘‘(2) CRIMINAL PENALTIES.—A person who 

16 willfully commits an unlawful act described in para17 graph (1) shall upon conviction— 

18 ‘‘(A) be fined for each violation in an 

19 amount not to exceed $1,000,000, or 

20 ‘‘(B) in the case of a natural person, im21 prisoned for not more than 20 years or both.’’. 

22 (b) MECHANISMS TO IDENTIFY VIOLATORS.—Sec23 tion 38(g) of the Arms Export Control Act (22 U.S.C. 

24 2778(g)) is amended— 

25 (1) in paragraph (1)— 


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1 (A) in subparagraph (A)— 

2 (i) in the matter preceding clause (i), 

3 by inserting ‘‘or otherwise charged’’ after 

4 ‘‘indictment’’; 

5 (ii) in clause (xi), by striking ‘‘or’’ at 

6 the end; and 

7 (iii) by adding at the end the fol8 lowing: 

9 ‘‘(xiii) section 542 of title 18, United 

10 States Code, relating to entry of goods by 

11 means of false statements; 

12 ‘‘(xiv) section 554 of title 18, United 

13 States Code, relating to smuggling goods 

14 from the United States; 

15 ‘‘(xv) section 1831 of title 18, United 

16 States Code, relating to economic espio17 nage; 

18 ‘‘(xvi) section 545 of title 18, United 

19 States Code, relating to smuggling goods 

20 into the United States; 

21 ‘‘(xvii) section 78dd3 of title 15, 

22 United States Code, relating to prohibited 

23 foreign trade practices by persons other 

24 than issuers or domestic concerns; 


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1 ‘‘(xviii) section 2339B of title 18, 

2 United States Code, relating to providing 

3 material support or resources to dedicated 

4 foreign terrorist organizations; or 

5 ‘‘(xix) section 2339C and D of title 

6 18, United States Code, relating to financ7 ing terrorism and receiving terrorism 

8 training;’’; and 

9 (B) in subparagraph (B), by inserting ‘‘or 

10 otherwise charged’’ after ‘‘indictment’’; and 

11 (2) in paragraph (3)(A), by inserting ‘‘or other12 wise charged’’ after ‘‘indictment’’. 

13 (c) EFFECTIVE DATE.—The amendment made by 

14 subsection (a) shall take effect on the date of the enact15 ment of this Act and shall apply with respect to violations 

16 of sections 38 and 39 of the Arms Export Control Act 

17 committed on or after that date. 

18 SEC. 936. CLARIFICATION OF PROHIBITIONS RELATING TO 

19 STATE SPONSORS OF TERRORISM AND THEIR 

20 NATIONALS. 

21 Section 40(d) of the Arms Export Control Act (22. 

22 U.S.C. 2780(d)) is amended— 

23 (1) by inserting ‘‘or to the nationals of that 

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1 sion, regardless of whether such persons maintain 

2 such nationality or the nationality of another coun3 try not covered by this section’’ after ‘‘with respect 

4 to a country.’’; and 

5 (2) by adding at the end the following: ‘‘For 

6 purposes of this subsection, the term ‘national’ 

7 means an individual who acquired citizenship by 

8 birth from a country that is subject to section 126.1 

9 of title 22, Code of Federal Regulations (or any suc10 cessor regulations).’’. 

11 SEC. 937. EXEMPTION FOR TRANSACTIONS WITH COUN12 TRIES SUPPORTING ACTS OF INTER13 NATIONAL TERRORISM. 

14 Section 40(h) of the Arms Export Control Act (22 

15 U.S.C. 2780(h)) is amended— 

16 (1) in the heading— 

17 (A) by striking ‘‘EXEMPTION’’ and insert18 ing ‘‘EXEMPTIONS’’; and 

19 (B) by adding ‘‘AND CERTAIN FEDERAL

20 LAW ENFORCEMENT ACTIVITIES’’ after ‘‘RE21 PORTING REQUIREMENTS’’; and 

22 (2) by adding at the end before the period the 

23 following: ‘‘or with respect to Federal law enforce24 ment activities undertaken to further the investiga25 tion of violations of this Act’’. 


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1 SEC. 938. REPORT ON FOREIGN MILITARY FINANCING PRO2 GRAM. 

3 Section 23 of the Arms Export Control Act (22 

4 U.S.C. 2763) is amended by adding at the end the fol5 lowing: 

6 ‘‘(i) REPORT.— 

7 ‘‘(1) IN GENERAL.—The President shall trans8 mit to the appropriate congressional committees as 

9 part of the supporting materials of the annual con10 gressional budget justification a report on the imple11 mentation of this section for the prior fiscal year. 

12 ‘‘(2) MATTERS TO BE INCLUDED.—The report 

13 required under paragraph (1) shall include a de14 scription of the following: 

15 ‘‘(A) The extent to which the use of the 

16 authority of this section is based on a well-for17 mulated and realistic assessments of the capa18 bility requirements of foreign countries and 

19 international organizations. 

20 ‘‘(B) The extent to which the provision of 

21 grants under the authority of this section are 

22 consistent with United States conventional arms 

23 transfer policy. 

24 ‘‘(C) The extent to which the Department 

25 of State has developed and implemented specific 

26 plans to monitor and evaluate outcomes under 


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1 the authority of this section, including at least 

2 one country or international organization as3 sessment each fiscal year. 

4 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—In this subsection, the term ‘appropriate 

6 congressional committees’ means— 

7 ‘‘(A) the Committee on Appropriations and 

8 the Committee on Foreign Affairs of the House 

9 of Representatives; and 

10 ‘‘(B) the Committee on Appropriations and 

11 the Committee on Foreign Relations of the Sen12 ate.’’. 

13 SEC. 939. CONGRESSIONAL NOTIFICATION OF REGULA14 TIONS AND AMENDMENTS TO REGULATIONS 

15 UNDER SECTION 38 OF THE ARMS EXPORT 

16 CONTROL ACT. 

17 (a) IN GENERAL.—Section 38 of the Arms Export 

18 Control Act (22 U.S.C. 2778) is amended by adding at 

19 the end the following: 

20 ‘‘(k) CONGRESSIONAL NOTIFICATION.—The Presi21 dent shall submit to the Committee on Foreign Affairs of 

22 the House of Representatives and the Committee on For23 eign Relations of the Senate a copy of regulations or 

24 amendments to regulations issued to carry out this section 

25 at least 30 days before publication of the regulations or 


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1 amendments in the Federal Register unless, after con2 sulting with such Committees, the President determines 

3 that there is an emergency that requires a shorter period 

4 of time.’’. 

5 (b) EFFECTIVE DATE.—The amendment made by 

6 subsection (a) takes effect on the date of the enactment 

7 of this Act and applies with respect the issuance of regula8 tions or amendments to regulations made on or after the 

9 date of the enactment of this Act. 

10 Subtitle B—Security Assistance 

11 and Related Matters 

12 PART I—ISRAEL 

13 SEC. 941. REPORT ON UNITED STATES COMMITMENTS TO 

14 THE SECURITY OF ISRAEL. 

15 (a) INITIAL REPORT.—Not later than 30 days after 

16 the date of enactment of this Act, the President shall 

17 transmit to the appropriate congressional committees a re18 port that contains— 

19 (1) a complete, unedited, and unredacted copy 

20 of each assurance made by United States Govern21 ment officials to officials of the Government of Israel 

22 regarding Israel’s security and maintenance of 

23 Israel’s qualitative military edge provided in con24 junction with exports under the Arms Export Con25 trol Act (22 U.S.C. 2751 et seq.) for the period beVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 ginning on January 1, 1975, and ending on the date 

2 of the enactment of this Act; and 

3 (2) an analysis of the extent to which, and by 

4 what means, each assurance has been and is con5 tinuing to be fulfilled. 

6 (b) SUBSEQUENT REPORTS.— 

7 (1) NEW ASSURANCES AND REVISIONS.—The 

8 President shall transmit to the appropriate congres9 sional committees a report that contains the infor10 mation required under subsection (a) with respect 

11 to— 

12 (A) each assurance described in subsection 

13 (a) made on or after the date of enactment of 

14 this Act; or 

15 (B) revisions to any assurance described in 

16 subsection (a) or subparagraph (A) of this 

17 paragraph, within 15 days of the new assurance 

18 or revision being conveyed. 

19 (2) FIVE-YEAR REPORTS.—Not later than 5 

20 years after the date of the enactment of this Act, 

21 and every 5 years thereafter, the President shall 

22 transmit to the appropriate congressional commit23 tees a report that contains the information required 

24 under subsection (a) with respect to each assurance 

25 described in subsection (a) or paragraph (1)(A) of 


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1 this subsection and revisions to any assurance de2 scribed in subsection (a) or paragraph (1)(A) of this 

3 subsection during the preceding 5-year period. 

4 (c) FORM.—Each report required by this section shall 

5 be transmitted in unclassified form, but may contain a 

6 classified annex, if necessary. 

7 SEC. 942. CLARIFICATION OF CERTIFICATION REQUIRE8 MENTS RELATING TO ISRAEL’S QUALITATIVE 

9 MILITARY EDGE. 

10 Section 36(h)(1) of the Arms Export Control Act (22 

11 U.S.C. 2776(h)(1)) is amended by striking ‘‘a determina12 tion’’ and inserting ‘‘an unclassified determination’’. 

13 SEC. 943. SUPPORT TO ISRAEL FOR MISSILE DEFENSE. 

14 (a) STATEMENT OF POLICY.—It shall be the policy 

15 of the United States to— 

16 (1) promote deployment as soon as is possible 

17 of effective missile defense systems capable of de18 fending against ballistic missile attack from Iran, 

19 Syria, and other potential missile threats to Israel; 

20 (2) fully utilize, so far as possible, the missile 

21 defense capabilities and resources of the United 

22 States to fully assist, support, and improve the de23 fenses of Israel to provide robust, layered protection 

24 against ballistic missile, and medium and short 

25 range projectile attack; 


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1 (3) provide assistance to complete accelerated 

2 co-production of Arrow missiles and continued inte3 gration with the appropriate ballistic missile defense 

4 systems of the United States; 

5 (4) provide assistance to aid the system devel6 opment of the Missile Defense Agency and Israel 

7 Missile Defense Organization joint program to de8 velop a short-range ballistic missile defense capa9 bility, David’s Sling weapon system, and integrate 

10 the weapon system with the ballistic missile defense 

11 system and force protection efforts of the United 

12 States; and 

13 (5) provide assistance for research, develop14 ment, and test and evaluation, and fielding of the 

15 Iron Dome Air Defense Missile System. 

16 (b) AUTHORIZATION OF ASSISTANCE.—Of the 

17 amounts authorized to be appropriated under section 

18 513(c) of the Security Assistance Act of 2000 (Public Law 

19 106–280; 114 Stat. 856), as amended by section 1221(a) 

20 of the Security Assistance Act of 2002 (division B of Pub21 lic Law 107–228; 116 Stat. 1430) and further amended 

22 by section 101(b)(2) of this Act, the Secretary of State, 

23 in coordination with the Secretary of Defense, is author24 ized to provide assistance to the Government of Israel for 

25 the procurement, maintenance, and sustainment of the 


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1 Iron Dome Air Defense Missile System for purposes of 

2 intercepting short-range rockets, missiles, and mortars 

3 launched against Israel, and other activities. 

4 (c) REPORT.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of the enactment of this Act, and an7 nually thereafter in connection with the submission 

8 of congressional presentation materials for the for9 eign operations appropriations and defense appro10 priations budget request, the Secretary of State, in 

11 consultation with the Secretary of Defense, shall 

12 submit to the appropriate congressional committees 

13 a report regarding the activities authorized under 

14 subsection (b). 

15 (2) FORM.—The report required under para16 graph (1) shall be submitted in unclassified form to 

17 the maximum extent practicable, but may include a 

18 classified annex, if necessary. 

19 (3) APPROPRIATE CONGRESSIONAL COMMIT20 TEES DEFINED.—In this subsection, the term ‘‘ap21 propriate congressional committees’’ means— 

22 (A) the Committee on Foreign Affairs and 

23 the Committee on Armed Services of the House 

24 of Representatives; and 


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1 (B) the Committee on Foreign Relations 

2 and the Committee on Armed Services in the 

3 Senate. 

4 PART II—EGYPT 

5 SEC. 951. LIMITATION ON SECURITY ASSISTANCE TO THE 

6 GOVERNMENT OF EGYPT. 

7 (a) LIMITATION.—None of the funds made available 

8 to carry out this title may be used to provide United 

9 States security assistance to the Government of Egypt un10 less a certification described in subsection (b) is in effect. 

11 (b) CERTIFICATION.—A certification described in this 

12 subsection is a certification transmitted by the President 

13 to the appropriate congressional committees that contains 

14 a determination of the President that— 

15 (1) the Government of Egypt is not directly or 

16 indirectly controlled by a foreign terrorist organiza17 tion, its affiliates or supporters; 

18 (2) the Government of Egypt is fully imple19 menting the Israel-Egypt Peace Treaty; and 

20 (3) the Government of Egypt is detecting and 

21 destroying the smuggling network and tunnels be22 tween Egypt and the Gaza strip. 

23 (c) RECERTIFICATIONS.—Not later than 90 days 

24 after the date on which the President transmits to the apVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 propriate congressional committees an initial certification 

2 under subsection (b), and every six months thereafter— 

3 (1) the President shall transmit to the appro4 priate congressional committees a recertification that 

5 the requirements contained in subsection (b) are 

6 continuing to be met; or 

7 (2) if the President is unable to make such a 

8 recertification, the President shall transmit to the 

9 appropriate congressional committees a report that 

10 contains the reasons therefor. 

11 (d) WAIVER.—The President may waive the limita12 tion in subsection (a) if the President determines and cer13 tifies to the appropriate congressional committees 15 days 

14 prior to the exercise of waiver authority that— 

15 (1) it is in the vital national security interests 

16 of the United States to do so; 

17 (2) the United States is fully implementing and 

18 enforcing existing end-use monitoring mechanisms; 

19 and 

20 (3) the United States has established and im21 plemented comprehensive procedures to vet all re22 cipients of United States security assistance to en23 sure that no recipients are members of, or affiliated 

24 with, a foreign terrorist organization or any affili25 ates or supporters thereof. 


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1 SEC. 952. REPORT ON SECURITY ASSISTANCE TO THE GOV2 ERNMENT OF EGYPT. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary of State, 

5 in coordination with the Secretary of Defense, shall submit 

6 to the appropriate congressional committees a report that 

7 includes the following: 

8 (1) A description of the strategic objectives of 

9 the United States regarding the provision of United 

10 States security assistance to the Government of 

11 Egypt. 

12 (2) A description of biennial outlays of United 

13 States security assistance to the Government of 

14 Egypt for the purposes of strategic planning, train15 ing, provision of equipment, and construction of fa16 cilities, including funding streams. 

17 (3) A description of vetting and end-user moni18 toring systems in place by both Egypt and the 

19 United States for defense articles and training pro20 vided by the United States, to include human rights 

21 vetting. 

22 (4) A description of actions that the Govern23 ment of Egypt is taking to— 

24 (A) fully implement the Egypt-Israel peace 

25 treaty; 


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1 (B) detect and destroy the smuggling net2 work and tunnels between Egypt and the Gaza 

3 strip; 

4 (C) repudiate, combat, and stop incitement 

5 to violence against the United States and 

6 United States citizens and prohibit the trans7 mission within its domains of satellite television 

8 or radio channels that broadcast such incite9 ment; and 

10 (D) adopt and implement legal reforms 

11 that protect the religious and democratic free12 doms of all citizens and residents of Egypt. 

13 (5) Recommendations, including with respect to 

14 required resources and actions, to maximize the ef15 fectiveness of United States security assistance pro16 vided to Egypt. 

17 (b) GAO REPORT.—Not later than 120 days after 

18 the date of the submission of the report required under 

19 subsection (a), the Comptroller General of the United 

20 States shall submit to the appropriate congressional com21 mittees a report that— 

22 (1) reviews and comments on the report re23 quired under subsection (a); and 


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1 (2) provides recommendations regarding addi2 tional actions with respect to the provision of United 

3 States security assistance to Egypt, if necessary. 

4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘‘appropriate congres6 sional committees’’ means— 

7 (1) the Committee on Foreign Affairs and the 

8 Committee on Armed Services of the House of Rep9 resentatives; and 

10 (2) the Committee on Foreign Relations and 

11 the Committee on Armed Services in the Senate. 

12 SEC. 953. GOVERNMENT OF EGYPT DEFINED. 

13 In this part, the term ‘‘Government of Egypt’’ means 

14 any person, agent, instrumentality, or official of, is affili15 ated with, or is serving as a representative of the Govern16 ment of Egypt. 

17 PART III—LEBANON 

18 SEC. 961. STATEMENT OF POLICY. 

19 It shall be the policy of the United States— 

20 (1) to declare the association of political parties 

21 with terrorist organizations, militias, and other ele22 ments retaining armed operational capabilities out23 side of the official military and security institutions 

24 of the Government of Lebanon hinders the emer25 gence of a fully-democratic Lebanon; 


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1 (2) to support the Government of Lebanon in 

2 asserting its sovereignty by extending its authority 

3 throughout its territory, particularly in the southern 

4 regions; 

5 (3) to support the emergence of a democratic 

6 Lebanon, with both domestic and foreign terrorist 

7 organizations and militias permanently disarmed; 

8 and 

9 (4) to continue to provide financial and mate10 rial assistance to support the sovereignty, territorial 

11 integrity, unity, and political independence of Leb12 anon under the sole and exclusive authority of the 

13 Government of Lebanon. 

14 SEC. 962. LIMITATION ON SECURITY ASSISTANCE TO THE 

15 GOVERNMENT OF LEBANON. 

16 (a) LIMITATION.—None of the funds made available 

17 to carry out this title may be used to provide security as18 sistance to the Government of Lebanon unless a certifi19 cation described in subsection (b) is in effect. 

20 (b) CERTIFICATION.—A certification described in this 

21 subsection is a certification transmitted by the President 

22 to the appropriate congressional committees that contains 

23 a determination of the President that— 

24 (1) no member of Hezbollah or any other a for25 eign terrorist organization serves in any policy posiVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 tion in a ministry, agency, or instrumentality of the 

2 Government of Lebanon; 

3 (2) there exists within the Government of Leb4 anon comprehensive anti-terrorism vetting and 

5 tracking procedures for all Lebanese security forces 

6 personnel benefitting from United States security as7 sistance programs; 

8 (3) all ministries of the Government of Lebanon 

9 and operations that directly or indirectly benefit 

10 from United States security assistance programs are 

11 financially transparent and accountable; 

12 (4) the Government of Lebanon— 

13 (A) is dismantling the infrastructure of all 

14 foreign terrorist organizations and related mili15 tias and is confiscating unauthorized weapons; 

16 (B) has taken other actions in full compli17 ance with United Nations Security Council Res18 olutions 1559, 1585, 1701, 1757, and other 

19 international obligations; and 

20 (C) is fully cooperating with the Special 

21 Tribunal for Lebanon; 

22 (5) United States security assistance and secu23 rity cooperation programs for Lebanon are not uti24 lized against the State of Israel and will not ad25 versely impact Israel’s qualitative military edge; and 


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1 (6) the Government of Lebanon has taken ef2 fective steps and made demonstrable progress to3 ward assuming full control of its territory. 

4 (c) RECERTIFICATIONS.—Not later than 90 days 

5 after the date on which the President transmits to the ap6 propriate congressional committees an initial certification 

7 under subsection (b), and every six months thereafter— 

8 (1) the President shall transmit to the appro9 priate congressional committees a recertification that 

10 the requirements contained in subsection (b) are 

11 continuing to be met; or 

12 (2) if the President is unable to make such a 

13 recertification, the President shall transmit to the 

14 appropriate congressional committees a report that 

15 contains the reasons therefor. 

16 (d) WAIVER.—The President may waive the limita17 tion in subsection (a) if the President determines and cer18 tifies to the appropriate congressional committees 15 days 

19 prior to the exercise of waiver authority that— 

20 (1) it is in the vital national security interests 

21 of the United States to do so; 

22 (2) the United States is fully implementing and 

23 enforcing existing end-use monitoring mechanisms; 

24 and 


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1 (3) the United States has established and im2 plemented comprehensive procedures to vet all re3 cipients of United States security assistance to en4 sure that no recipients are members of, or affiliated 

5 with, a foreign terrorist organization. 

6 SEC. 963. REPORT ON SECURITY ASSISTANCE TO THE GOV7 ERNMENT OF LEBANON. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, the Secretary of State, 

10 in coordination with the Secretary of Defense, shall submit 

11 to the appropriate committees of Congress a report that 

12 includes the following: 

13 (1) A description of the strategic objectives of 

14 the United States regarding the provision of United 

15 States security assistance to the Government of Leb16 anon, including arms sales to the Government of 

17 Lebanon, and a strategy for achieving those objec18 tives. 

19 (2) A description of biennial outlays for United 

20 States security assistance, including arms sales, to 

21 the Government of Lebanon for the purposes of stra22 tegic planning, training, provision of equipment, and 

23 construction of facilities, including funding streams. 

24 (3) A breakdown of contributions and assist25 ance provided by the United States, international orVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 ganizations, and other nations and entities to the 

2 Government of Lebanon, including the Ministry of 

3 Defense, the Ministry of Interior, the armed forces 

4 of Lebanon, the Internal Security Forces, the Gen5 eral Security Directorate, the General Directorate of 

6 State Security, Lebanese Military Intelligence, and 

7 other organizations or agencies. 

8 (4) A description of vetting and end-user moni9 toring systems in place by the Government of Leb10 anon, the United States, international organizations, 

11 and other nations and entities providing security as12 sistance to the Government of Lebanon. 

13 (5) A description of metrics utilized by the 

14 United States Government for measuring whether 

15 United States security assistance has improved the 

16 capacity of the Government of Lebanon security 

17 forces to operate. 

18 (b) FORM.—The report required under subsection (a) 

19 shall be submitted in unclassified form to the greatest ex20 tent possible, but may include a classified annex if nec21 essary. 

22 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE23 FINED.—In this section, the term ‘‘appropriate congres24 sional committees’’ means— 


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1 (1) the Committee on Foreign Affairs and the 

2 Committee on Armed Services of the House of Rep3 resentatives; and 

4 (2) the Committee on Foreign Relations and 

5 the Committee on Armed Services in the Senate. 

6 SEC. 964. GOVERNMENT OF LEBANON DEFINED. 

7 In this part, the term ‘‘Government of Lebanon’’ 

8 means any person, agent, instrumentality, or official of, 

9 is affiliated with, or is serving as a representative of the 

10 Government of Lebanon. 

11 PART IV—PALESTINIAN AUTHORITY 

12 SEC. 971. LIMITATION ON SECURITY ASSISTANCE TO THE 

13 PALESTINIAN AUTHORITY. 

14 (a) LIMITATION.—None of the funds made available 

15 to carry out this title may be used to provide United 

16 States security assistance to the Palestinian Authority un17 less a certification described in subsection (b) is in effect. 

18 (b) CERTIFICATION.—A certification described in this 

19 subsection is a certification transmitted by the President 

20 to the appropriate congressional committees that contains 

21 a determination of the President that— 

22 (1) no member of Hamas or any other foreign 

23 terrorist organization serves in any policy position in 

24 a ministry, agency, or instrumentality of the Pales25 tinian Authority; 


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1 (2) the Palestinian Authority is taking all nec2 essary steps and action to implement the 2005 secu3 rity reorganization program, and implement an in4 clusive, standards-based approach to recruitment; 

5 (3) all Palestinian Authority ministries and op6 erations that directly or indirectly benefit from secu7 rity assistance are financially transparent and ac8 countable; 

9 (4) the Palestinian Authority is dismantling all 

10 foreign terrorist organizations infrastructure, confis11 cating unauthorized weapons, thwarting and pre12 empting terrorist attacks, and fully cooperating with 

13 Israel’s security services; 

14 (5) the Palestinian Authority is fully imple15 menting necessary institutional reforms within the 

16 Ministry of Interior and within the judicial sector; 

17 (6) the Palestinian Authority has halted all 

18 anti-Israel incitement in Palestinian Authority-con19 trolled electronic and print media and in schools, 

20 mosques, and other institutions it controls, and is 

21 replacing these materials, including textbooks, with 

22 materials that promote tolerance, peace, and coexist23 ence with Israel; 

24 (7) there exists within the Palestinian Authority 

25 comprehensive anti-terrorism vetting and tracking 


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1 procedures for all Palestinian Security Forces per2 sonnel benefitting from United States security as3 sistance; and 

4 (8) the Palestinian Authority has and continues 

5 to publicly acknowledge Israel’s right to exist as a 

6 Jewish state. 

7 (c) RECERTIFICATIONS.—Not later than 90 days 

8 after the date on which the President transmits to the ap9 propriate congressional committees an initial certification 

10 under subsection (b), and every six months thereafter— 

11 (1) the President shall transmit to the appro12 priate congressional committees a recertification that 

13 the requirements contained in subsection (b) are 

14 continuing to be met; or 

15 (2) if the President is unable to make such a 

16 recertification, the President shall transmit to the 

17 appropriate congressional committees a report that 

18 contains the reasons therefor. 

19 (d) WAIVER.—The President may waive the limita20 tion in subsection (a) if the President determines and cer21 tifies to the appropriate congressional committees 15 days 

22 prior to the exercise of waiver authority that— 

23 (1) it is in the vital national security interests 

24 of the United States to do so; 


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1 (2) the United States is fully implementing and 

2 enforcing existing end-use monitoring mechanisms; 

3 and 

4 (3) the United States has established and im5 plemented comprehensive procedures to vet all re6 cipients of United States security assistance to en7 sure that no recipients are members of, or affiliated 

8 with, a foreign terrorist organization. 

9 SEC. 972. REPORT ON SECURITY ASSISTANCE TO THE PAL10 ESTINIAN AUTHORITY. 

11 (a) IN GENERAL.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of State 

13 shall submit to the appropriate congressional committees 

14 a report that includes the following: 

15 (1) A description of the strategic objectives of 

16 the United States regarding the provision of United 

17 States security assistance to the Palestinian Author18 ity, and a strategy for achieving those objectives. 

19 (2) A description of biennial outlays for United 

20 States security assistance to the Palestinian Security 

21 Forces for the purposes of strategic planning, train22 ing, provision of equipment, and construction of fa23 cilities, including funding streams. 

24 (3) A breakdown of contributions and assist25 ance provided by the United States, international orVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 ganizations, and other nations and entities to the 

2 Palestinian Authority Ministry of Interior, Civil Po3 lice, National Security Force, the Preventative Secu4 rity, the General Intelligence Service, Military Intel5 ligence, the Presidential Security Service/Presi6 dential Guard, and other units. 

7 (4) A description of vetting and end-user moni8 toring systems in place by the Palestinian Authority, 

9 the United States, international organizations, and 

10 other nations and entities providing security assist11 ance to the Palestinian Authority. 

12 (5) A description of contingency options for re13 structuring security assistance and reconfiguring the 

14 mission of the United States Security Coordinator. 

15 (6) A description of metrics utilized by the 

16 United States Government for measuring whether 

17 security assistance and security cooperation pro18 grams have improved the capacity of the Palestinian 

19 Authority security forces to operate. 

20 (b) FORM.—The report required under subsection (a) 

21 shall be submitted in unclassified form to the greatest ex22 tent possible, but may include a classified annex if nec23 essary. 


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1 SEC. 973. PALESTINIAN AUTHORITY DEFINED. 

2 In this part, the term ‘‘Palestinian Authority’’ in3 cludes any agency or instrumentality of the Palestinian 

4 Authority, including any entity that is controlled by the 

5 Palestinian Authority, or any successor Palestinian gov6 erning entity, including the Palestinian Legislative Coun7 cil. 

8 PART V—PAKISTAN 

9 SEC. 981. AUTHORIZATION OF APPROPRIATIONS. 

10 (a) AUTHORIZATION OF APPROPRIATIONS.— 

11 (1) IN GENERAL.—Section 102(a) of the En12 hanced Partnership with Pakistan Act of 2009 (22 

13 U.S.C. 8412(a)) is amended by striking ‘‘2010’’ and 

14 inserting ‘‘2012’’. 

15 (2) AVAILABILITY OF FUNDS.—Section 102(b) 

16 of the Enhanced Partnership with Pakistan Act of 

17 2009 (22 U.S.C. 8412(b)) is amended— 

18 (A) by striking ‘‘AVAILABILITY OF

19 FUNDS’’ and all that follows through ‘‘Of the 

20 amounts’’ and inserting ‘‘AVAILABILITY OF

21 FUNDS.—Of the amounts’’; 

22 (B) by striking ‘‘subsection (a)’’ and all 

23 that follows and inserting the following: ‘‘sub24 section (a), none of the amounts appropriated 

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1 retary of State submits to the appropriate con2 gressional committees during such fiscal year— 

3 ‘‘(1) a certification that assistance provided to 

4 Pakistan under this title or the Foreign Assistance 

5 Act of 1961 to date has made or is making measur6 able progress toward achieving the principal objec7 tives of United States assistance to Pakistan con8 tained in the Pakistan Assistance Strategy Report 

9 and a memorandum explaining the reasons justifying 

10 the certification; and 

11 ‘‘(2) the certification required under section 

12 203(c).’’; and 

13 (C) by striking the second paragraph (2). 

14 (3) WAIVER; SENSE OF CONGRESS ON FOREIGN

15 ASSISTANCE FUNDS.—Section 102 of the Enhanced 

16 Partnership with Pakistan Act of 2009 (22 U.S.C. 

17 8412) is amended by striking subsections (c) and 

18 (d). 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 subsection (a) take effect on the date of the enactment 

21 of this Act and apply with respect to amounts appro22 priated for the purposes of providing assistance to Paki23 stan under title I of the Enhanced Partnership with Paki24 stan Act of 2009 and providing assistance to Pakistan 


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1 under the Foreign Assistance Act of 1961 for each of the 

2 fiscal years 2012, 2013, and 2014. 

3 SEC. 982. LIMITATIONS ON CERTAIN ASSISTANCE. 

4 (a) IN GENERAL.—Section 203 of the Enhanced 

5 Partnership with Pakistan Act of 2009 (22 U.S.C. 8423) 

6 is amended— 

7 (1) by striking ‘‘, under the direction of the 

8 President,’’ each place it appears and inserting ‘‘, in 

9 consultation with the Secretary of Defense and the 

10 Director of National Intelligence,’’; 

11 (2) in subsection (c)(2)— 

12 (A) in the matter preceding subparagraph 

13 (A)— 

14 (i) by striking ‘‘significant efforts to15 wards’’ and inserting ‘‘demonstrable 

16 progress in’’; 

17 (ii) by striking ‘‘taking into account’’; 

18 and 

19 (iii) by striking ‘‘has made progress 

20 on matters such as’’; 

21 (B) by redesignating subparagraphs (A), 

22 (B), and (C), as subparagraphs (C), (D), and 

23 (E), respectively; 

24 (C) by inserting before subparagraph (C) 

25 (as redesignated) the following: 


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1 ‘‘(A) is fully assisting the United States 

2 with investigating the existence of an official or 

3 unofficial support network in Pakistan for 

4 Osama Bin Laden, including by providing the 

5 United States with direct access to Osama Bin 

6 Laden’s relatives in Pakistan and to Osama Bin 

7 Laden’s former compound in Abottabad and 

8 any materials therein; and 

9 ‘‘(B) is facilitating the issuance of entry 

10 and exit visas for official United States visitors 

11 engaged in counterterrorism efforts and train12 ing or other cooperative programs and projects 

13 in Pakistan;’’; 

14 (D) in subparagraph (C) (as redesignated), 

15 by inserting ‘‘is’’ before ‘‘ceasing’’; 

16 (E) in subparagraph (D) (as redesig17 nated)— 

18 (i) by inserting ‘‘is’’ before ‘‘pre19 venting’’; 

20 (ii) by inserting ‘‘the Haqqani Net21 work,’’ after ‘‘such as’’; 

22 (iii) by adding at the end before the 

23 semicolon the following: ‘‘and eliminating 

24 improvised explosive device (IED) net25 works’’; and 


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1 (iv) by striking ‘‘and’’ at the end; 

2 (F) in subparagraph (E) (as redesig3 nated)— 

4 (i) by inserting ‘‘is’’ before ‘‘strength5 ening’’; and 

6 (ii) by inserting ‘‘and fully imple7 menting’’ before ‘‘counterterrorism’’; and 

8 (G) by adding after subparagraph (E) (as 

9 redesignated) the following: 

10 ‘‘(F) is using defense articles and defense 

11 services provided by the United States under 

12 the Foreign Military Sales program according 

13 to the end-use purposes, security requirements, 

14 and other terms and conditions agreed to by the 

15 United States at the time of transfer or by sub16 sequent agreement; and’’; 

17 (3) by striking subsection (e); 

18 (4) by redesignating subsection (f) as sub19 section (e); and 

20 (5) in subsection (e) (as redesignated), in para21 graph (1), by striking ‘‘the Committee on Oversight 

22 and Government Reform,’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 subsection (a) take effect on the date of the enactment 

25 of this Act and apply with respect to the provision of secuVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 rity-related assistance to Pakistan in each of the fiscal 

2 years 2012, 2013, and 2014. 

3 SEC. 983. STRATEGY REPORTS. 

4 Section 301(a) of the Enhanced Partnership with 

5 Pakistan Act of 2009 (22 U.S.C. 8441(a)) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘Not later than 45 days after the date of 

8 enactment of this Act’’ and inserting ‘‘For each of 

9 the fiscal years 2012, 2013, and 2014,’’; 

10 (2) in paragraph (1), by inserting ‘‘United 

11 States strategic objectives in Pakistan and’’ after ‘‘A 

12 description of’’; 

13 (3) in paragraph (2), by striking ‘‘general’’; 

14 (4) in paragraph (3), by striking ‘‘A plan for’’ 

15 and inserting ‘‘A description of implementation of’’; 

16 (5) by amending paragraph (7) to read as fol17 lows: 

18 ‘‘(7) Progress toward creating a searchable 

19 Internet database and other public communications 

20 strategies that will provide the people of the United 

21 States and the people of Pakistan with updated and 

22 accurate information on proposed spending plans, 

23 disbursements of assistance, and results achieved 

24 using funds authorized under title I of this Act.’’; 

25 and 


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1 (6) by adding at the end the following: 

2 ‘‘(8) Progress toward meeting the recommenda3 tions of audits, reviews, and investigations completed 

4 by the General Accountability Office and by the Of5 fice of Inspector General of the United States Agen6 cy for International Development, the Department of 

7 State, and the Department of Defense. 

8 ‘‘(9) A description of how the Administration is 

9 incorporating support for private sector development 

10 and enhanced trade opportunities as part of the for11 eign assistance approach to Pakistan.’’. 

12 PART VI—YEMEN 

13 SEC. 991. LIMITATION ON SECURITY ASSISTANCE TO THE 

14 GOVERNMENT OF YEMEN. 

15 (a) LIMITATION.—None of the funds made available 

16 to carry out this title may be used to provide United 

17 States security assistance to the Government of Yemen 

18 unless a certification described in subsection (b) is in ef19 fect. 

20 (b) CERTIFICATION.—A certification described in this 

21 subsection is a certification transmitted by the President 

22 to the appropriate congressional committees that contains 

23 a determination of the President that— 

24 (1) no ministry, agency, or instrumentality of 

25 the Government of Yemen is controlled by a foreign 


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1 terrorist organization or is directly or indirectly af2 filiated with a foreign terrorist organization; 

3 (2) no member of a foreign terrorist organiza4 tion serves in any policy position in a ministry, agen5 cy, or instrumentality of the Government of Yemen; 

6 (3) there exists within the Government of 

7 Yemen comprehensive anti-terrorism vetting and 

8 tracking procedures for all Yemeni security forces 

9 personnel benefitting from United States security as10 sistance; 

11 (4) all ministries and operations of the Govern12 ment of Yemen that directly or indirectly benefit 

13 from United States security assistance are finan14 cially transparent and accountable; and 

15 (5) the Government of Yemen is not complicit 

16 in human rights abuses. 

17 (c) RECERTIFICATIONS.—Not later than 90 days 

18 after the date on which the President transmits to the ap19 propriate congressional committees an initial certification 

20 under subsection (b), and every six months thereafter— 

21 (1) the President shall transmit to the appro22 priate congressional committees a recertification that 

23 the requirements contained in subsection (b) are 

24 continuing to be met; or 


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1 (2) if the President is unable to make such a 

2 recertification, the President shall transmit to the 

3 appropriate congressional committees a report that 

4 contains the reasons therefor. 

5 (d) WAIVER.—The President may waive the limita6 tion in subsection (a) if the President determines and cer7 tifies to the appropriate congressional committees 15 days 

8 prior to the exercise of waiver authority that— 

9 (1) it is in the vital national security interests 

10 of the United States to do so; 

11 (2) the United States is fully implementing and 

12 enforcing existing end-use monitoring mechanisms; 

13 and 

14 (3) the United States has established and im15 plemented comprehensive procedures to vet all re16 cipients of United States security assistance to en17 sure that no recipients are members of, or affiliated 

18 with, a foreign terrorist organization or any affili19 ates or supporters thereof. 

20 SEC. 992. REPORT ON SECURITY ASSISTANCE TO THE GOV21 ERNMENT OF YEMEN. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary of State, 

24 in coordination with the Secretary of Defense, shall submit 


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1 to the appropriate congressional committees a report that 

2 includes the following: 

3 (1) A description of the strategic objectives of 

4 the United States regarding the provision of United 

5 States security assistance to the Government of 

6 Yemen. 

7 (2) A threat assessment for the Yemen. 

8 (3) A description of biennial outlays of United 

9 States security assistance to the Government of 

10 Yemen for the purposes of strategic planning, train11 ing, provision of equipment, and construction of fa12 cilities, including funding streams. 

13 (4) A description of vetting and end-user moni14 toring systems in place by both Yemen and the 

15 United States for defense articles and training pro16 vided by the United States, to include human rights 

17 vetting. 

18 (5) A description of actions that the Govern19 ment of Yemen is taking to combat foreign terrorist 

20 organizations. 

21 (6) Recommendations, including with respect to 

22 required resources and actions, to maximize the ef23 fectiveness of United States security assistance to 

24 the Government of Yemen. 


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1 (b) GAO REPORT.—Not later than 120 days after 

2 the date of the submission of the report required under 

3 subsection (a), the Comptroller General of the United 

4 States shall submit to the appropriate congressional com5 mittees a report that— 

6 (1) reviews and comments on the report re7 quired under subsection (a); and 

8 (2) provides recommendations regarding addi9 tional actions with respect to the provision of United 

10 States security assistance to Yemen, if necessary. 

11 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE12 FINED.—In this section, the term ‘‘appropriate congres13 sional committees’’ means— 

14 (1) the Committee on Foreign Affairs and the 

15 Committee on Armed Services of the House of Rep16 resentatives; and 

17 (2) the Committee on Foreign Relations and 

18 the Committee on Armed Services in the Senate. 

19 SEC. 993. GOVERNMENT OF YEMEN DEFINED. 

20 In this part, the term ‘‘Government of Yemen’’ means 

21 any person, agent, instrumentality, or official of, is affili22 ated with, or is serving as a representative of the Govern23 ment of Yemen. 


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1 PART VII—MISCELLANEOUS PROVISIONS 

2 SEC. 994. DEFINITIONS. 

3 Except as otherwise provided, in this subtitle: 

4 (1) APPROPRIATE CONGRESSIONAL COMMIT5 TEES.—The term ‘‘appropriate congressional com6 mittees’’ means— 

7 (A) the Committee on Foreign Affairs and 

8 the Committee on Appropriations of the House 

9 of Representatives; and 

10 (B) the Committee on Foreign Relations 

11 and the Committee on Appropriations of the 

12 Senate. 

13 (2) FOREIGN TERRORIST ORGANIZATION.—The 

14 term ‘‘foreign terrorist organization’’ means an or15 ganization designated as a foreign terrorist organiza16 tion by the Secretary of State in accordance with 

17 section 219(a) of the Immigration and Nationality 

18 Act (8 U.S.C. 1189(a)). 

19 (3) QUALITATIVE MILITARY EDGE.—The term 

20 ‘‘qualitative military edge’’ has the meaning given 

21 the term in section 36(h)(2) of the Arms Export 

22 Control Act (22 U.S.C. 2776(h)(2)). 

23 (4) UNITED STATES SECURITY ASSISTANCE.— 

24 The term ‘‘United States security assistance’’ means 

25 assistance authorized under part II of the Foreign 

26 Assistance Act of 1961, the Arms Export Control 


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1 Act, or any other Act under which the United States 

2 provides defense articles, military training, or other 

3 defense-related services by grant, loan, credit, or 

4 cash sales in furtherance of national policies and ob5 jectives. 

6 SEC. 994A. REPORT ON POLICE TRAINING. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the President shall, in 

9 coordination with the heads of relevant Federal depart10 ments and agencies, submit to the Committee on Foreign 

11 Affairs of the House of Representative and the Committee 

12 on Foreign Relations of the Senate a report on current 

13 overseas civilian police training in countries or regions 

14 that are at risk of, in, or are in transition from, conflict 

15 or civil strife. 

16 (b) MATTERS TO BE INCLUDED.—The report re17 quired under subsection (a) shall contain information on 

18 the following: 

19 (1) The coordination, communication, program 

20 management, and policy implementation among the 

21 United States civilian police training programs in 

22 countries or regions that are at risk of, in, or are 

23 in transition from, conflict or civil strife. 


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1 (2) The number of private contractors con2 ducting such training, and the quality and cost of 

3 such private contractors. 

4 (3) An assessment of pre-training procedures 

5 for verification of police candidates to adequately as6 sess their aptitude, professional skills, integrity, and 

7 other qualifications that are essential to law enforce8 ment work. 

9 (4) An analysis of the practice of using existing 

10 Federal police entities to provide civilian police 

11 training in countries or regions that are at risk of, 

12 in, or are in transition from, conflict or civil strife, 

13 along with the subject matter expertise that each 

14 such entity may provide to meet local needs in lieu 

15 of the use of private contractors. 

16 (5) Recommendations, including recommenda17 tions relating to required resources and actions, to 

18 maximize the effectiveness and interagency coordina19 tion and the adequate provision of civilian police 

20 training programs in countries or regions that are at 

21 risk of, in, or are in transition from, conflict or civil 

22 strife. 

23 SEC. 994B. AUDITS OF UNITED STATES ASSISTANCE TO 

24 IRAQ. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) The Office of the Special Inspector General 

2 for Iraq Reconstruction (SIGIR) has conducted au3 dits of the activities of the Department of State and 

4 the Department of Defense and the United States 

5 Agency for International Development in Iraq which 

6 have proved invaluable to Congress, senior Adminis7 tration officials, and the American people. 

8 (2) SIGIR has authority under existing law to 

9 audit all United States-funded reconstruction assist10 ance in Iraq regardless of funding source. 

11 (3) United States assistance to Iraq, under the 

12 conditions now in existence or which may be antici13 pated to be in existence through December 2012 

14 should be considered to be ‘‘reconstruction assist15 ance’’. 

16 (4) SIGIR’s audits of the police training pro17 gram, and of military assistance through the Iraq 

18 Security Forces Fund, have been of particular value. 

19 (5) SIGIR should audit military, security, and 

20 economic assistance to Iraq during the term of 

21 SIGIR’s existence, including assistance which may 

22 be provided under the Foreign Military Financing 

23 program or the Police Development Program. 

24 (6) SIGIR’s audits should cover such aspects of 

25 assistance programs as may be in the opinion of the 


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1 Inspector General necessary or desirable under sec2 tion 6(a) of the Inspector General Act of 1978 or 

3 section 3001 of Public Law 108–106, including any 

4 programs, activities, or facilities funded in whole or 

5 part by amounts made available for assistance to 

6 Iraq or which relate to such programs, activities, or 

7 facilities. 

8 (7) SIGIR coordinates its audits with other In9 spectors General and the Government Accountability 

10 Office to avoid duplication of effort. 

11 (8) SIGIR should continue to report on United 

12 States assistance to Iraq in its Quarterly Reports to 

13 Congress. 

14 (b) COOPERATION WITH SIGIR.—The Secretary of 

15 State shall fully and unreservedly cooperate with audits 

16 conducted by the SIGIR and with any information re17 quests which in the opinion of the SIGIR are required to 

18 comply with requirements imposed on the SIGIR by law. 

19 SEC. 994C. SENSE OF CONGRESS. 

20 It is the sense of Congress that— 

21 (1) the European Union should continue its ban 

22 on all arms exports to the People’s Republic of 

23 China; 

24 (2) the President should raise United States ob25 jections to the potential lifting of the European 


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1 Union arms embargo against the People’s Republic 

2 of China; 

3 (3) the United States Government should make 

4 clear in discussions with the governments of coun5 tries in the European Union that a lifting of the Eu6 ropean Arms Embargo on arms sales to the People’s 

7 Republic of China would potentially adversely affect 

8 transatlantic defense cooperation, including future 

9 transfers of United States military technology, serv10 ices, and equipment to European Union countries; 

11 (4) the European Union should make legally 

12 binding and enforceable its Code of Conduct for 

13 Arms Exports; 

14 (5) human rights abuses in the People’s Repub15 lic of China remain a matter of concern for United 

16 States foreign policy; 

17 (6) the continuing military build-up of the Gov18 ernment of the People’s Republic of China aimed at 

19 Taiwan and the ongoing weapon of mass 

20 destruction- and missile-related proliferation of 

21 state-sponsored companies in China are matters of 

22 grave concern to United States foreign and national 

23 security policy; and 

24 (7) the United States Government and the Eu25 ropean Union should work cooperatively to develop a 


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1 common strategy to limit sensitive technologies ex2 ported to the People’s Republic of China, seek im3 provement in the human rights conditions in and the 

4 export control practices of the People’s Republic of 

5 China, as well as an end to the ongoing proliferation 

6 of weapons of mass destruction and ballistic missile 

7 related technology from China to state sponsors of 

8 terrorism. 

9 Subtitle C—Peacekeeping 

10 Operations 

11 SEC. 995. PEACEKEEPING OPERATIONS. 

12 (a) AUTHORITY.— 

13 (1) IN GENERAL.—Section 551 of the Foreign 

14 Assistance Act of 1961 (22 U.S.C. 2348) is amend15 ed— 

16 (A) in the first sentence, by striking ‘‘The 

17 President’’ and inserting ‘‘(A) The President’’; 

18 and 

19 (B) by inserting the following new sub20 section: 

21 ‘‘(b) Assistance authorized to be appropriated under 

22 this chapter may also be used, notwithstanding section 

23 660, to provide assistance to enhance the capacity of for24 eign civilian security forces, including gendarmes, to par25 ticipate in peacekeeping operations.’’. 


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1 (2) DISARMAMENT AND REINTEGRATION.— 

2 (A) IN GENERAL.—Notwithstanding any 

3 other provision of law, regulation, or Executive 

4 order, funds authorized to be appropriated by 

5 this Act and any similar provision of law for 

6 peacekeeping operations may be made available 

7 to support programs to disarm, demobilize, and 

8 reintegrate into civilian society former members 

9 of foreign terrorist organizations. 

10 (B) CONSULTATION.—The Secretary of 

11 State shall consult with the appropriate con12 gressional committees prior to obligating or ex13 pending funds pursuant to this subsection. 

14 (C) DEFINITION.—In this paragraph, the 

15 term ‘‘foreign terrorist organization’’ means an 

16 organization designated as a terrorist organiza17 tion under section 219(a) of the Immigration 

18 and Nationality Act (8 U.S.C. 1189(a)). 

19 (b) LIMITATION.—Section 404(a) of the Child Soldier 

20 Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 

21 2370c-1(a)) is amended by striking ‘‘section 516 or 541 

22 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j 

23 or 2347)’’ and inserting ‘‘sections 516, 541, or 551 of the 

24 Foreign Assistance Act of 1961 (22 U.S.C. 2321j, 2347, 

25 or 2348)’’. 


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1 (c) NOTIFICATION AND REPORTING REQUIRE2 MENTS.— 

3 (1) NOTIFICATION.—The Secretary of State 

4 shall notify the Committee on Foreign Affairs of the 

5 House of Representatives and the Committee on 

6 Foreign Relations of the Senate at least 15 days be7 fore any funds authorized under this section are 

8 made available. 

9 (2) REPORTS.—Not later than March 30, 2012, 

10 and the end of each fiscal quarter, the Secretary of 

11 State shall submit to the Committee on Foreign Af12 fairs of the House of Representatives and the Com13 mittee on Foreign Relations of the Senate a report 

14 on the uses of funds made available under the this 

15 section, including a description of the obligation and 

16 expenditure of funds, the specific country in receipt 

17 of such funds, and the use or purpose of the assist18 ance provided by such funds. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated $304,390,000 for fiscal year 

21 2012 for necessary expenses to carry out the provisions 

22 of section 551 of the Foreign Assistance Act of 1961, in23 cluding to pay assessed expenses for international peace24 keeping activities in Somalia and for a United States conVerDate Mar 15 2010 01:50 Jul 20, 2011 Jkt 099200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H2583.IH H2583

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1 tribution to the Multinational Force Observers Mission in 

2 the Sinai. 

3 Subtitle D—Reports and Briefings 

4 SEC. 996. REPORT ON TRANSPARENCY IN NATO ARMS 

5 SALES. 

6 (a) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act and annually thereafter for 

8 each of the following three years, the Secretary of State, 

9 in coordination with the Secretary of Defense, shall submit 

10 to the appropriate congressional committees an annual re11 port on sales and financing of defense articles and defense 

12 services in excess of $50,000,000 by North Atlantic Trea13 ty Organization (NATO) member countries (other than 

14 the United States) to non-NATO member countries, which 

15 includes the following: 

16 (1) A detailed political-strategic analysis of po17 tential dangers such sales and financing might pose 

18 to the integrity of the NATO alliance. 

19 (2) A list of any abuses or incidents involving 

20 such sales and financing to countries potentially hos21 tile to the NATO alliance. 

22 (3) An analysis of the potential for such sales 

23 and financing made during the past five years to the 

24 Russian Federation to adversely affect the long-term 

25 solidarity of the NATO alliance. 


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1 (b) NATO COOPERATION.—The Secretary of State 

2 shall seek the cooperation and input of NATO’s Economic 

3 Secretariat in preparing the report required under sub4 section (b). 

5 (c) FORM.—The report required under subsection (a) 

6 shall be submitted in unclassified form (including as much 

7 detail as possible), but may contain a classified annex. 

8 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

9 DEFINED.—In this section, the term ‘‘appropriate con10 gressional committees’’ means— 

11 (1) the Committee on Foreign Affairs of the 

12 House of Representative and the Committee on For13 eign Relations of the Senate; and 

14 (2) the congressional defense committees (as 

15 defined in section 101(a)(16) of title 10, United 

16 States Code). 

17 SEC. 996A. REPORT ON TASK FORCE FOR BUSINESS AND 

18 STABILITY OPERATIONS IN AFGHANISTAN. 

19 (a) REPORT.—The Secretary of State, with the con20 currence of the Secretary of Defense, and in coordination 

21 with the Administrator for the United States Agency for 

22 International Development, shall submit to the appro23 priate congressional committees a report that contains a 

24 detailed plan to provide for the transition of the activities 

25 of the Task Force for Business and Stability Operations 


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1 in Afghanistan from the Department of Defense to the 

2 Department of State and the United States Agency for 

3 International Development. 

4 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘‘appropriate con6 gressional committees’’ means— 

7 (1) the Committee on Foreign Affairs of the 

8 House of Representative and the Committee on For9 eign Relations of the Senate; and 

10 (2) the congressional defense committees (as 

11 defined in section 101(a)(16) of title 10, United 

12 States Code). 

13 SEC. 996B. BRIEFINGS RELATING TO PUBLIC LAW 107–40. 

14 (a) BRIEFINGS ON ACTIVITIES.—Not later than 120 

15 days after the date of the enactment of this Act, and quar16 terly thereafter, the Secretary of Defense shall provide a 

17 briefing to the appropriate congressional committees on 

18 military activities, including cyber activities, carried out 

19 pursuant to the Authorization for Use of Military Force 

20 (50 U.S.C. 1541 note; Public Law 107–40). 

21 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

22 DEFINED.—In this section, the term ‘‘appropriate con23 gressional committees’’ means— 

24 (1) the Committee on Appropriations, the Com25 mittee on Armed Services, and the Committee on 


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1 Foreign Affairs of the House of Representatives; 

2 and 

3 (2) the Committee on Appropriations, the Com4 mittee on Armed Services, and the Committee on 

5 Foreign Relations of the Senate. 

6 TITLE X—PEACE CORPS VOLUN7 TEER SERVICE PROTECTION 

8 SEC. 1001. SEXUAL ASSAULT COMPLAINTS IN THE PEACE 

9 CORPS. 

10 (a) SENSE OF CONGRESS.—It is the sense of Con11 gress that the Peace Corps has begun responding to con12 cerns related to its handling of sexual assault complaints 

13 from its volunteers that have been the subject of media 

14 reports and oversight hearings, including by the hiring of 

15 a Victim’s Advocate. 

16 (b) STATEMENT OF CONGRESS.—Congress looks for17 ward to working cooperatively with the Peace Corps on 

18 additional, necessary steps to protect volunteers, including 

19 the enactment and implementation of this title. 

20 SEC. 1002. PEACE CORPS VOLUNTEER PROTECTION. 

21 The Peace Corps Act is amended by inserting after 

22 section 8 (22 U.S.C. 2507) the following new sections: 

23 ‘‘SAFETY AND SECURITY AGREEMENT REGARDING PEACE

24 CORPS VOLUNTEERS SERVING IN FOREIGN COUNTRIES

25 ‘‘SEC. 8A. (a) IN GENERAL.—Not later than six 

26 months after the date of the enactment of this section, 


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1 the Director of the Peace Corps shall consult with the As2 sistant Secretary of State for Diplomatic Security and 

3 enter into a memorandum of understanding that specifies 

4 the duties and obligations of the Peace Corps and the Bu5 reau of Diplomatic Security of the Department of State 

6 with respect to the protection of Peace Corps volunteers 

7 and staff members serving in foreign countries, including 

8 with respect to investigations of safety and security inci9 dents and crimes committed against such volunteers and 

10 staff members. 

11 ‘‘(b) INSPECTOR GENERAL REVIEW.— 

12 ‘‘(1) REVIEW.—The Inspector General of the 

13 Peace Corps shall review the memorandum of under14 standing described in subsection (a) and be afforded 

15 the opportunity to recommend changes that advance 

16 the safety and security of Peace Corps volunteers be17 fore its entry into force. 

18 ‘‘(2) REPORT.—The Director of the Peace 

19 Corps shall consider all recommendations of the In20 spector General of the Peace Corps regarding the 

21 memorandum of understanding described in sub22 section (a). If the Director enters into such memo23 randum without addressing a recommendation of the 

24 Inspector General, the Director shall submit to the 

25 Inspector General an explanation relating thereto. 


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1 ‘‘(3) FAILURE TO MEET DEADLINE.— 

2 ‘‘(A) REQUIREMENT TO SUBMIT RE3 PORT.—If, by the date that is 6 months after 

4 the date of the enactment of this section, the 

5 Director of the Peace Corps is unable to obtain 

6 agreement with the Assistant Secretary of State 

7 for Diplomatic Security and certification by the 

8 Inspector General of the Peace Corps, the Di9 rector shall submit to the committees of Con10 gress specified in subparagraph (C) a report ex11 plaining the reasons for such failure. 

12 ‘‘(B) LIMITATION ON FUNDS.—If, by the 

13 date that is 9 months after the date of the en14 actment of this section, the memorandum of 

15 understanding described in subsection (a) has 

16 not entered into force, no funds available to the 

17 Peace Corps may be obligated or expended to 

18 extend to Peace Corps volunteers invitations for 

19 service or to deploy Peace Corps trainees over20 seas unless the Director of the Peace Corps cer21 tifies to the committees of Congress specified in 

22 subparagraph (C) that— 

23 ‘‘(i) significant progress is being made 

24 toward finalizing such memorandum; and 


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1 ‘‘(ii) the Peace Corps is using best ef2 forts to provide volunteers with the train3 ing, support, and information they need to 

4 stay safe and secure. 

5 ‘‘(C) COMMITTEES OF CONGRESS SPECI6 FIED.—The committees of Congress specified in 

7 this subparagraph are the Committee on For8 eign Affairs of the House of Representatives 

9 and the Committee on Foreign Relations of the 

10 Senate. 

11 ‘‘(c) INCLUSION OF TRAINEES.—In this section and 

12 sections 8B through 8I, the term ‘volunteers’ includes 

13 trainees. 

14 ‘‘SEXUAL ASSAULT RISK-REDUCTION AND RESPONSE

15 TRAINING

16 ‘‘SEC. 8B. (a) IN GENERAL.—As part of the training 

17 provided to all volunteers under section 8(a), the Director 

18 of the Peace Corps shall develop and implement com19 prehensive sexual assault risk-reduction and response 

20 training that conforms to best practices in the sexual as21 sault field as appropriate for first responders and other 

22 staff. 

23 ‘‘(b) DEVELOPMENT AND CONSULTATION WITH EX24 PERTS.—In developing the sexual assault risk-reduction 

25 and response training under subsection (a), the Director 

26 of the Peace Corps shall consult with and incorporate, as 


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1 appropriate, the recommendations and views of experts in 

2 the sexual assault field. 

3 ‘‘(c) SUBSEQUENT TRAINING.—Once a trainee has 

4 arrived in such trainee’s country of service, the Director 

5 of the Peace Corps shall provide such trainee with training 

6 tailored to such country, including cultural training relat7 ing to gender relations, risk-reduction strategies, a safety 

8 plan in the event of an assault, treatment available in such 

9 country (such as forensic rape exams, PEP for HIV expo10 sure, STD screening, and pregnancy testing), MedEvac 

11 procedures, and information regarding the legal process 

12 for pressing charges against an attacker. 

13 ‘‘(d) HISTORICAL ANALYSIS.—The Director of the 

14 Peace Corps shall provide each applicant for enrollment 

15 with a historical analysis of crimes and risks against vol16 unteers in the country in which the applicant has been 

17 invited to serve. 

18 ‘‘(e) CONTACT INFORMATION.—The Director of the 

19 Peace Corps shall provide each trainee, before each such 

20 trainee enrolls as a volunteer, with— 

21 ‘‘(1) the contact information of the Inspector 

22 General of the Peace Corps for purposes of reporting 

23 violations of the sexual assault protocol under sec24 tion 8C or any other criminal or administrative 

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1 perts and consultants), or other individuals (includ2 ing contractors) who do business with the Peace 

3 Corps; and 

4 ‘‘(2) clear, written guidelines regarding whom 

5 to contact, including the direct telephone number for 

6 a victim advocate and what steps to take in the 

7 event of a sexual assault. 

8 ‘‘(f) DEFINITIONS.—In this section and sections 8C 

9 through 8I: 

10 ‘‘(1) ASSAULT.— 

11 ‘‘(A) IN GENERAL.—The term ‘assault’ 

12 means an act that— 

13 ‘‘(i) creates an apprehension in an in14 dividual of an imminent, harmful, or offen15 sive contact; or 

16 ‘‘(ii) is a harmful or offensive touch17 ing. 

18 ‘‘(B) INCLUSION.—The term ‘assault’ in19 cludes stalking and sexual assault. 

20 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as21 sault’ means any conduct described in chapter 109A 

22 of title 18, United States Code, relating to aggra23 vated sexual abuse, sexual abuse, and sexual contact, 

24 whether or not the conduct occurs in the special 

25 maritime and territorial jurisdiction of the United 


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1 States, and includes both assaults committed by of2 fenders who are strangers to the victim and assaults 

3 committed by offenders who are known or related by 

4 blood or marriage to the victim. 

5 ‘‘(3) STALKING.—The term ‘stalking’ means 

6 engaging in a course of conduct directed at a spe7 cific person that would cause a reasonable person 

8 to— 

9 ‘‘(A) fear for his or her safety or the safety 

10 of others; or 

11 ‘‘(B) suffer substantial emotional distress. 

12 ‘‘SEXUAL ASSAULT PROTOCOL AND GUIDELINES

13 ‘‘SEC. 8C. (a) IN GENERAL.—The Director of the 

14 Peace Corps shall develop and implement comprehensive 

15 sexual assault protocol and guidelines that— 

16 ‘‘(1) conform to best practices in the sexual as17 sault field; and 

18 ‘‘(2) are applicable to all posts at which volun19 teers serve. 

20 ‘‘(b) DEVELOPMENT AND CONSULTATION WITH EX21 PERTS.—In developing the sexual assault policy under 

22 subsection (a), the Director of the Peace Corps shall con23 sult with and incorporate, as appropriate, the rec24 ommendations and views of experts in the sexual assault 

25 field. 


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1 ‘‘(c) ELEMENTS.—The sexual assault protocol and 

2 guidelines developed under subsection (a) shall include, at 

3 a minimum, the following services with respect to a volun4 teer who has been a victim of sexual assault: 

5 ‘‘(1) Protection of such volunteer’s confiden6 tiality. 

7 ‘‘(2) Provision of a victim’s advocate to such 

8 volunteer. 

9 ‘‘(3) Provision of a sexual assault forensic evi10 dence kit to such volunteer upon request. 

11 ‘‘(4) Provision of emergency health care to such 

12 volunteer, including, to the greatest extent prac13 ticable, a choice of medical providers and a mecha14 nism for such volunteer to evaluate such provider. 

15 ‘‘(5) Provision of counseling and psychiatric 

16 medication. 

17 ‘‘(6) Completion of a safety and treatment plan 

18 with such volunteer. 

19 ‘‘(7) Evacuation of such volunteer, accompanied 

20 by a Peace Corps staffer at the request of such vol21 unteer. 

22 ‘‘(8) An explanation to such volunteer of avail23 able law enforcement, prosecutorial options, and 

24 legal representation. 


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1 ‘‘(d) DISTRIBUTION AND TRAINING.—The Director 

2 of the Peace Corps shall distribute to and train all in3 country staff regarding the sexual assault protocol and 

4 guidelines developed under subsection (a). 

5 ‘‘(e) REMOVAL AND ASSESSMENT AND EVALUA6 TION.— 

7 ‘‘(1) IN GENERAL.—If a volunteer feels at risk 

8 of imminent bodily harm and requests removal from 

9 the site in which such volunteer is serving, the Di10 rector of the Peace Corps shall, as expeditiously as 

11 practical after receiving such request, remove such 

12 volunteer from such site. If the Director of the 

13 Peace Corps receives such a request, the Director of 

14 the Peace Corps shall assess and evaluate the safety 

15 of such site and may not assign another volunteer 

16 to such site until such time as such assessment and 

17 evaluation is complete and such site has been deter18 mined to be safe. 

19 ‘‘(2) DETERMINATION OF SITE AS UNSAFE.— 

20 Volunteers may remain at a site during an assess21 ment and evaluation under paragraph (1). If the Di22 rector the Peace Corps determines that a site is un23 safe, the Director of the Peace Corps shall, as expe24 ditiously as practical, remove all volunteers from 

25 such site. 


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1 ‘‘(f) SEXUAL ASSAULT RESPONSE TEAMS.—The Di2 rector of the Peace Corps shall establish sexual assault 

3 response teams, including Safety and Security Officers, 

4 medical staff, and a victim advocate, that can respond to 

5 reports of sexual assault against a volunteer. 

6 ‘‘(g) CASE REVIEW.—The Director of the Peace 

7 Corps shall conduct case reviews of a statistically signifi8 cant number of cases on a quarterly basis to determine 

9 if proper procedures were followed in accordance with the 

10 sexual assault protocols and guidelines developed under 

11 subsection (a) and including the elements specified in sub12 section (c). 

13 ‘‘(h) TRACKING AND RECORDING.—The Director of 

14 the Peace Corps shall establish a global tracking and re15 cording system to track and record incidents of assault 

16 against volunteers. 

17 ‘‘(i) PROHIBITION ON COMBINING INCIDENTS.—The 

18 Director of the Peace Corps may not combine into one 

19 incident for purposes of tracking and recording under sub20 section (h) reports by different volunteers of assault 

21 against such volunteers even if such assaults were com22 mitted by one individual against such volunteers at any 

23 one time. 

24 ‘‘(j) ALTERNATIVE SYSTEMS.—The Director of the 

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1 tem and hotline access system through which volunteers 

2 who are victims of assault can report and receive support 

3 on an anonymous basis. Such alternative systems shall be 

4 published in the Volunteer Handbook. 

5 ‘‘VICTIMS ADVOCATES

6 ‘‘SEC. 8D. (a) VICTIMS ADVOCATES.— 

7 ‘‘(1) IN GENERAL.—The Director of the Peace Corps 

8 shall assign a certified victims advocate in Peace Corps 

9 headquarters who shall report directly to the Director. The 

10 Director of the Peace Corps shall assign such additional 

11 certified victims advocates to assist such victims advocate 

12 as the Director determines necessary. Such additional vic13 tims advocates shall have regional expertise and may be 

14 posted abroad if such victims advocate determines that 

15 such is necessary. 

16 ‘‘(2) SENSE OF CONGRESS.—It is the sense of Con17 gress that the Director of the Peace Corps should assign 

18 three additional certified victims advocates to assist the 

19 certified victims advocate under paragraph (1). 

20 ‘‘(3) PROHIBITION.—Peace Corps Medical Officers, 

21 Safety and Security Officers, and program staff may not 

22 serve as victims advocates. The victims advocate and addi23 tional victims advocates may not have any other duties 

24 in the Peace Corps. 


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1 ‘‘(4) EXEMPTION.—The victims advocate and addi2 tional victims advocates shall be exempt from the five year 

3 rule on appointments and assignments under section 7. 

4 ‘‘(b) RESPONSIBILITIES.—The victims advocate and 

5 additional victims advocates shall help develop and imple6 ment the sexual assault risk-reduction and response train7 ing described in section 8B and the sexual assault protocol 

8 and guidelines described in section 8C and ensure such 

9 training and such protocol and guidelines are being prop10 erly updated and followed. The victims advocate and addi11 tional victims advocates shall assist volunteers who are vic12 tims of assault by making such victims aware of the serv13 ices specified in section 8C(c) available to them and facili14 tating their access to such services. 

15 ‘‘(c) STATUS UPDATES.—The victims advocate and 

16 additional victims advocates shall provide to volunteers 

17 who are victims of assault regular updates on the status 

18 of their cases if such volunteers have opted to pursue pros19 ecution. 

20 ‘‘(d) TRANSITION.—A victims advocate who is work21 ing with a volunteer who is a victim of assault and who 

22 relocates back to the United States shall assist such volun23 teer to receive the services specified in section 8C(c) re24 quired by such volunteer, including through the duration 


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1 of the claim with the Department of Labor, even after 

2 such volunteer is medically separated. 

3 ‘‘ESTABLISHMENT OF SEXUAL ASSAULT ADVISORY

4 COUNCIL

5 ‘‘SEC. 8E. (a) ESTABLISHMENT.—There is estab6 lished in the Peace Corps a Sexual Assault Advisory Coun7 cil (in this section referred to as the ‘Council’). 

8 ‘‘(b) MEMBERSHIP.—The Council shall be composed 

9 of individuals selected by the Director of the Peace Corps 

10 who are returned volunteers (including volunteers who 

11 were victims of sexual assault and volunteers who were 

12 not victims of sexual assault) and governmental and non13 governmental experts and professionals in the sexual as14 sault field. 

15 ‘‘(c) FUNCTIONS; MEETINGS.—The Council shall 

16 meet not less often than annually to review the sexual as17 sault risk-reduction and response training developed under 

18 section 8B, sexual assault policy developed under section 

19 8C, and the confidentiality policy developed under section 

20 8G to ensure that such training and policies conform to 

21 best practices in the sexual assault field. 

22 ‘‘(d) REPORTS.—The Council shall annually submit 

23 to the Director of the Peace Corps and the Committee 

24 on Foreign Affairs and the Committee on Appropriations 

25 of the House of Representatives and Committee on For26 eign Relations and the Committee on Appropriations of 


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1 the Senate a report on its findings based on the reviews 

2 conducted pursuant to subsection (c). 

3 ‘‘(e) FEDERAL EMPLOYEES.—Members of the Coun4 cil shall not be considered Federal employees for any pur5 pose and shall not receive compensation other than reim6 bursement of travel expenses and per diem allowance. 

7 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal 

8 Advisory Committee Act (5 U.S.C. App.) shall not apply 

9 to the Council. 

10 ‘‘VOLUNTEER FEEDBACK AND PEACE CORPS REVIEW

11 ‘‘SEC. 8F. (a) MONITORING AND EVALUATION.—Not 

12 later than one year after the date of the enactment of this 

13 section, the Director of the Peace Corps shall establish 

14 goals, metrics, and monitoring and evaluation plans for 

15 all Peace Corps programs and Country Directors. Moni16 toring and evaluation plans shall incorporate best prac17 tices from monitoring and evaluation studies and analyses. 

18 ‘‘(b) ANNUAL VOLUNTEER SURVEYS.—The Director 

19 of the Peace Corps shall annually conduct a confidential 

20 survey of volunteers regarding the effectiveness of Peace 

21 Corps programs and staff and the safety of volunteers. 

22 ‘‘(c) PEACE CORPS INSPECTOR GENERAL.—The In23 spector General of the Peace Corps shall submit to the 

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1 mittee on Foreign Relations and the Committee on Appro2 priations of the Senate the following: 

3 ‘‘(1) A biennial report on reports received from 

4 volunteers relating to misconduct, mismanagement, 

5 or policy violations of Peace Corps staff, any 

6 breaches of the confidentiality of volunteers, and any 

7 actions taken to assure the safety of volunteers who 

8 provide such reports. 

9 ‘‘(2) A report, not later than two years after 

10 the date of the enactment of this section and every 

11 five years thereafter, evaluating the effectiveness and 

12 implementation of the assault risk-reduction and re13 sponse training developed under section 8B and the 

14 sexual assault protocol and guidelines developed 

15 under section 8C. 

16 ‘‘(3) A trend analysis every three years of the 

17 annual volunteer surveys, including actions taken in 

18 response to such surveys. 

19 ‘‘(4) A report, not later than two years after 

20 the date of the enactment of this section, describing 

21 how Country Directors are hired, how Country Di22 rectors are terminated, and how Country Directors 

23 hire staff. 

24 ‘‘(d) EVALUATION DEFINED.—For purposes of this 

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1 tion and analysis of information about the characteristics 

2 and outcomes of programs and projects as a basis for 

3 judgments, to improve effectiveness, or inform decisions 

4 about current and future programming. 

5 ‘‘NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

6 INFORMATION

7 ‘‘SEC. 8G. (a) IN GENERAL.—The Director of the 

8 Peace Corps shall establish and maintain a process to 

9 allow volunteers to report incidents of assault, incidents 

10 of misconduct or mismanagement, or violations of any pol11 icy, of the Peace Corps in order to protect the confiden12 tiality as described in subsection (c) and safety of such 

13 volunteers and of the information reported, and to ensure 

14 that such information is acted on appropriately. The Di15 rector of the Peace Corps shall train all volunteers and 

16 staff about this process. 

17 ‘‘(b) GUIDANCE.—The Director of the Peace Corps 

18 shall provide guidance to officers and employees of the 

19 Peace Corps who have access to the information reported 

20 by volunteers under subsection (a) in order to protect 

21 against the inappropriate disclosure of such information 

22 and ensure the safety of such volunteers. 

23 ‘‘(c) NONDISCLOSURE.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graphs (1) and (2), the Director of the Peace Corps 

26 may not— 


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1 ‘‘(A) disclose any personally identifying in2 formation or personal information of a volun3 teer who is a victim of assault collected in con4 nection with services requested, utilized, or de5 nied through Peace Corps programs; or 

6 ‘‘(B) reveal such information without the 

7 informed, purpose-limited, and reasonably time8 limited consent of such volunteer about whom 

9 such information is sought. 

10 ‘‘(2) RELEASE.—If the release of information 

11 described in paragraph (1) is authorized by statute 

12 or compelled by court order, the Director of the 

13 Peace Corps shall— 

14 ‘‘(A) make reasonable attempts to provide 

15 notice to the volunteer with respect to whom 

16 such information is being released; and 

17 ‘‘(B) take such action as is necessary to 

18 protect the privacy and safety of such volunteer. 

19 ‘‘(3) INFORMATION SHARING.—The Director of 

20 the Peace Corps may share— 

21 ‘‘(A) nonpersonally identifying information 

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1 porting, evaluation, or data collection require2 ments; 

3 ‘‘(B) nonpersonally identifying information 

4 that would protect the safety of volunteers; 

5 ‘‘(C) court-generated information and law6 enforcement generated information contained in 

7 secure, governmental registries for protection 

8 order enforcement purposes; and 

9 ‘‘(D) law enforcement- and prosecution10 generated information necessary for law en11 forcement and prosecution purposes. 

12 ‘‘(d) DEFINITION.—In this section, the terms ‘per13 sonally identifying information’ and ‘personal information’ 

14 mean information for or about a volunteer who is a victim 

15 of assault, including information likely to disclose the loca16 tion of such victim, including the following: 

17 ‘‘(1) A first and last name. 

18 ‘‘(2) A home or other physical address. 

19 ‘‘(3) Contact information (including a postal, 

20 email, or Internet protocol address, or telephone or 

21 facsimile number). 

22 ‘‘(4) A social security number. 

23 ‘‘(5) Any other information, including date of 

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1 ation, that, in combination with paragraphs (1) 

2 through (4), would serve to identify such victim. 

3 ‘‘REPORTING REQUIREMENTS

4 ‘‘SEC. 8H. (a) ASSAULT AND SEXUAL ASSAULT.— 

5 The Director of the Peace Corps shall annually submit to 

6 the Committee on Foreign Affairs and the Committee on 

7 Appropriations of the House of Representatives and the 

8 Committee on Foreign Relations and the Committee on 

9 Appropriations of the Senate a report summarizing infor10 mation on— 

11 ‘‘(1) sexual assault against volunteers; 

12 ‘‘(2) assault against volunteers; and 

13 ‘‘(3) the annual rate of early termination of vol14 unteers, including, to the maximum extent prac15 ticable, demographic data associated with such early 

16 termination. 

17 ‘‘(b) GAO.—Not later than one year after the date 

18 of the enactment of this section, the Comptroller General 

19 of the United States shall submit to the Committee on 

20 Foreign Affairs and the Committee on Appropriations of 

21 the House of Representatives and the Committee on For22 eign Relations and the Committee on Appropriations of 

23 the Senate a report evaluating the quality and accessibility 

24 of health care provided through the Department of Labor 

25 to returned volunteers upon their separation from the 

26 Peace Corps. 


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1 ‘‘(c) SAFETY AND SECURITY.— 

2 ‘‘(1) IN GENERAL.—The Director of the Peace 

3 Corps shall annually submit to the Committee on 

4 Foreign Affairs of the House of Representatives and 

5 the Committee on Foreign Relations of the Senate 

6 a report on the safety of Peace Corps volunteers. 

7 Each such report shall at a minimum include the 

8 following information: 

9 ‘‘(A) The incidence of crimes, together 

10 with the number of arrests, prosecutions, and 

11 incarcerations for every country in which volun12 teers serve for the preceding year. 

13 ‘‘(B) A three year trend analysis of the 

14 types and frequency of crimes committed 

15 against volunteers for every country in which 

16 the Peace Corps has operated for at least the 

17 three preceding years. 

18 ‘‘(2) INSPECTOR GENERAL AUDIT.—Not later 

19 than two years after the date of the enactment of 

20 this section and at least once every five years there21 after (or more frequently as appropriate), the In22 spector General of the Peace Corps shall perform an 

23 audit of Peace Corps implementation of safety and 

24 security protocols, including the status of any In25 spector General findings and recommendations from 


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1 previous audits that have not been adequately reme2 diated or implemented. 

3 ‘‘(d) ACCESS TO COMMUNICATIONS.— 

4 ‘‘(1) IN GENERAL.—The Director of the Peace 

5 Corps, in coordination with all Country Directors, 

6 shall determine the level of access to communication, 

7 including cellular and Internet access, of each volun8 teer. 

9 ‘‘(2) REPORT.—Not later than six months after 

10 the date of the enactment of this section, the Direc11 tor of the Peace Corps shall submit to the Com12 mittee on Foreign Affairs and the Committee on Ap13 propriations of the House of Representatives and the 

14 Committee on Foreign Relations and the Committee 

15 on Appropriations of the Senate a report on the 

16 costs of providing all volunteers with access to ade17 quate communication, including cellular service and 

18 Internet access. 

19 ‘‘(e) MONITORING AND EVALUATION.—Not later 

20 than one year after the date of the enactment of this sec21 tion and annually thereafter, the Director of the Peace 

22 Corps shall submit to the Committee on Foreign Affairs 

23 and the Committee on Appropriations of the House of 

24 Representatives and the Committee on Foreign Relations 

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1 port on the monitoring and evaluation of Peace Corps pro2 grams and Country Directors, including information on 

3 the following: 

4 ‘‘(1) A description of the monitoring and eval5 uation activities conducted in the preceding year. 

6 ‘‘(2) A forecast of the monitoring and evalua7 tion activities planned for the subsequent year. 

8 ‘‘(3) A description of the ways in which the re9 sults of the monitoring and evaluation activities have 

10 informed the design and operation of development 

11 policies and programs during the preceding year. 

12 ‘‘PORTFOLIO REVIEWS

13 ‘‘SEC. 8I. (a) IN GENERAL.—The Director of the 

14 Peace Corps shall, at least once every three years (or more 

15 frequently as appropriate), perform a review to evaluate 

16 the allocation and delivery of resources across the coun17 tries the Peace Corps serves or is considering for service. 

18 Such portfolio reviews shall at a minimum include the fol19 lowing with respect to each such country: 

20 ‘‘(1) An evaluation of the country’s commitment 

21 to the Peace Corps program. 

22 ‘‘(2) An analysis of the safety and security of 

23 volunteers. 

24 ‘‘(3) An evaluation of the country’s need for as25 sistance. 

26 ‘‘(4) An analysis of country program costs 


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1 ‘‘(5) An evaluation of the effectiveness of man2 agement of each post within the country. 

3 ‘‘(6) An evaluation of the country’s congruence 

4 with the Peace Corps’ mission and strategic prior5 ities. 

6 ‘‘(b) REPORT.—The Director of the Peace Corps 

7 shall prepare a report on each portfolio review required 

8 under subsection (a). Each such report shall discuss per9 formance measures and sources of data used (such as 

10 project status reports, volunteer surveys, impact studies, 

11 reports of the Inspector General of the Peace Corps, and 

12 any external sources) in making each such review’s find13 ings and conclusions. The Director shall make each such 

14 report available upon request to the Chairman and Rank15 ing Member of the Committee on Foreign Affairs of the 

16 House of Representatives and the Committee on Foreign 

17 Relations of the Senate in a manner consistent with the 

18 protection of classified information if determined nec19 essary to protect sensitive information.’’. 

20 SEC. 1003. CONFORMING AMENDMENTS. 

21 (a) INCLUSION OF SEXUAL ASSAULT RISK-REDUC22 TION AND RESPONSE TRAINING.—The Peace Corps Act 

23 is amended— 


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1 (1) in section 5(a) (22 U.S.C. 2504(a)), in the 

2 second sentence, by inserting ‘‘(including training 

3 under section 8B)’’ after ‘‘training’’; and 

4 (2) in section 8(a) (22 U.S.C. 2507(a)), in the 

5 first sentence, by inserting ‘‘, including training 

6 under section 8B,’’ after ‘‘training’’. 

7 (b) CERTAIN SERVICES.—Section 5(e) of the Peace 

8 Corps Act (22 U.S.C. 2504(e)) is amended, in the first 

9 sentence— 

10 (1) by inserting ‘‘(including, if necessary, for 

11 such volunteers and for trainees, services under sec12 tion 8D)’’ after ‘‘health care’’; and 

13 (2) by inserting ‘‘including services provided in 

14 accordance with section 8D (except that the six15 month limitation shall not apply in the case of such 

16 services)’’ before ‘‘as the President’’. 

17 SEC. 1004. INDEPENDENCE OF THE INSPECTOR GENERAL 

18 OF THE PEACE CORPS. 

19 Section 7(a) of the Peace Corps Act (22 U.S.C. 

20 2506(a)) is amended by adding at the end the following 

21 new paragraph: 

22 ‘‘(7) The limitations specified in subparagraph 

23 (A) of paragraph (2) on the length of appointment 

24 or assignment under such paragraph, subparagraph 

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1 ment of an individual whose appointment or assign2 ment under such paragraph has been terminated, 

3 and paragraph (5) on the circumstances under 

4 which an appointment or assignment under para5 graph (2) may exceed five years shall not apply to— 

6 ‘‘(A) the Inspector General of the Peace 

7 Corps; and 

8 ‘‘(B) officers and employees of the Office 

9 of the Inspector General of the Peace Corps.’’. 

10 SEC. 1005. AUTHORIZATION OF APPROPRIATIONS. 

11 Of the amounts authorized to be appropriated under 

12 section 403, there is authorized to be appropriated for the 

13 Peace Corps $375,000,000 for fiscal year 2012, of which 

14 not less than $4,637,000 is authorized to be appropriated 

15 for the Office of the Inspector General of the Peace Corps. 

Æ 


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