IB 

Union Calendar No. 145 

112TH CONGRESS 

1ST SESSION H. R. 2583 

[Report No. 112–223] 

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 

SEPTEMBER 23, 2011 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on July 19, 2011] 


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A BILL 

To authorize appropriations for the Department of State 

for fiscal year 2012, and for other purposes. 


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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. 

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. 

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. 

Sec. 215. Report on Office of Terrorism Finance and Economic Sanctions Policy 

of the Department of State. 

Subtitle C—Other Matters 

Sec. 221. Statement of policy on existing United States understandings with 

Israel. 

Sec. 222. Recognition of Jerusalem as the capital of the State of Israel and relocation of the United States Embassy to Jerusalem. 

TITLE III—ORGANIZATION AND PERSONNEL AUTHORITIES 

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


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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—UNITED STATES INTERNATIONAL BROADCASTING 

Sec. 401. Authorization of appropriations for international broadcasting. 

Sec. 402. Personal services contracting program. 

Sec. 403. Employment for international broadcasting. 

Sec. 404. Technical amendment relating to civil immunity for Broadcasting 

Board of Governors members. 

TITLE V—REPORTING REQUIREMENTS 

Sec. 501. Reporting reform. 

Sec. 502. Diplomatic relations with Israel. 

Sec. 503. Report on progress to ameliorate violations of religious freedom. 

TITLE VI—PROLIFERATION SECURITY INITIATIVE 

Sec. 601. Authority to interdict certain imports to and exports from Iran. 

Sec. 602. Report. 

Sec. 603. Definitions. 

TITLE VII—PEACE CORPS VOLUNTEER SERVICE PROTECTION 

Sec. 701. Sexual assault complaints in the Peace Corps. 

Sec. 702. Peace Corps volunteer protection. 

Sec. 703. Conforming amendments. 

Sec. 704. Independence of the Inspector General of the Peace Corps. 

Sec. 705. Authorization of appropriations. 

TITLE VIII—NUCLEAR NONPROLIFERATION 

Sec. 801. Withdrawal from the Treaty on the Non-Proliferation of Nuclear Weapons. 

Sec. 802. Prohibition on assistance to state sponsors of proliferation of weapons 

of mass destruction. 

Sec. 803. Additional protocol as a criterion for United States assistance. 

TITLE IX—FOREIGN ASSISTANCE 

Subtitle A—General Provisions 

Sec. 901. Goals of United States assistance. 

Sec. 902. Guidelines for United States foreign assistance programs. 

Sec. 903. Report. 

Subtitle B—Authorizations of Appropriations 

Sec. 911. Bilateral Economic Assistance. 

Sec. 912. United States Agency for International Development. 

Sec. 913. Nonproliferation, antiterrorism, and demining. 

Sec. 914. International narcotics control and law enforcement. 

Sec. 915. Partnerships between businesses and postsecondary educational institutions in Africa. 


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Subtitle C—Prohibitions on Assistance 

PART I—GENERAL PROVISIONS

Sec. 921. Countries that fail to meet MCC’s Corruption Performance Indicator. 

Sec. 922. Foreign organizations that promote or perform abortion. 

Sec. 923. Development Innovation Ventures program. 

Sec. 924. Countries that oppose the position of the United States in the United 

Nations. 

Sec. 925. Support for activities of the Global Climate Change Initiative. 

Sec. 926. Trilateral Assistance Program. 

PART II—COUNTRY AND ORGANIZATION-SPECIFIC PROVISIONS

Sec. 931. Limitation on assistance to Argentina, Venezuela, Nicaragua, Ecuador, 

and Bolivia. 

Sec. 932. Muslim Brotherhood. 

Sec. 933. Palestinian Authority. 

Sec. 934. Sri Lanka. 

Sec. 935. Former Yugoslav Republic of Macedonia. 

Subtitle D—Administrative Provisions 

Sec. 941. Transfer of liquidated assets of certain Enterprise Funds to the United 

States Treasury. 

Sec. 942. Limitation on funds for USAID’s Office of Budget and Resource Management. 

Sec. 943. Limitation on USAID training contracts under the Merida Initiative. 

Sec. 944. Internet website to make publicly available comprehensive, timely, comparable, and accessible information on United States foreign assistance programs. 

Subtitle E—Reports and Other Matters 

Sec. 951. Report on aid commitments and disbursements by other donors and 

international organizations. 

Sec. 952. Reports on financial disclosure of certain organizations and businesses 

that receive United States foreign assistance funding. 

Sec. 953. Statement of policy and report on sex-selection abortion. 

Sec. 954. Sense of Congress regarding reducing malaria prevalence and deaths. 

Sec. 955. Sense of Congress regarding second MCC Compact with Cape Verde. 

Sec. 956. Sense of Congress regarding microfinance and microenterprise programs. 

Sec. 957. Sense of Congress regarding microenterprise development assistance to 

sub-Saharan Africa. 

TITLE X—SECURITY ASSISTANCE 

Sec. 1001. Short title. 

Subtitle A—Military Assistance and Related Matters 

PART I—FUNDING AUTHORIZATIONS

Sec. 1011. Foreign Military Financing program. 

Sec. 1011A. International military education and training. 


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PART II—MILITARY ASSISTANCE AUTHORITIES AND RELATED PROVISIONS

Sec. 1012. Authority to transfer excess defense articles. 

Sec. 1012A. Annual military assistance report. 

Sec. 1012B. Annual report on foreign military training. 

Sec. 1012C. Global Security Contingency Fund. 

Sec. 1012D. International military education and training. 

PART III—ARMS EXPORT CONTROL ACT AMENDMENTS AND RELATED

PROVISIONS

Sec. 1013. Increased flexibility for use of defense trade control registration fees. 

Sec. 1013A. Increase in congressional notification thresholds. 

Sec. 1013B. Return of defense articles. 

Sec. 1013C. Annual estimate and justification for sales program. 

Sec. 1013D. Updating and conforming penalties for violations of sections 38 and 

39 of the Arms Export Control Act. 

Sec. 1013E. Clarification of prohibitions relating to state sponsors of terrorism 

and their nationals. 

Sec. 1013F. Exemption for transactions with countries supporting acts of international terrorism. 

Sec. 1013G. Report on Foreign Military Financing program. 

Sec. 1013H. Congressional notification of regulations and amendments to regulations under section 38 of the Arms Export Control Act. 

Sec. 1013I. Diplomatic efforts to strengthen national and international arms export controls. 

Sec. 1013J. Review and report of investigations of violations of section 3 of the 

Arms Export Control Act. 

Sec. 1013K. Increase in penalties for illicit trafficking in small arms and light 

weapons to countries in the Western Hemisphere. 

Sec. 1013L. Department of State Rewards Program. 

Subtitle B—Security Assistance and Related Matters 

PART I—ISRAEL

Sec. 1021. Report on United States commitments to the security of Israel. 

Sec. 1021A. Clarification of certification requirements relating to Israel’s qualitative military edge. 

Sec. 1021B. Support to Israel for missile defense. 

PART II—EGYPT

Sec. 1022. Limitation on security assistance to the Government of Egypt. 

Sec. 1022A. Report on security assistance to the Government of Egypt. 

Sec. 1022B. Government of Egypt defined. 

PART III—LEBANON

Sec. 1023. Statement of policy. 

Sec. 1023A. Limitation on security assistance to the Government of Lebanon. 

Sec. 1023B. Report on security assistance to the Government of Lebanon. 

Sec. 1023C. Government of Lebanon defined. 

PART IV—PALESTINIAN AUTHORITY

Sec. 1024. Limitation on security assistance to the Palestinian Authority. 

Sec. 1024A. Report on security assistance to the Palestinian Authority. 


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Sec. 1024B. Palestinian Authority defined. 

PART V—PAKISTAN

Sec. 1025. Authorization of appropriations. 

Sec. 1025A. Limitations on certain assistance. 

Sec. 1025B. Strategy reports. 

PART VI—YEMEN

Sec. 1026. Limitation on security assistance to the Government of Yemen. 

Sec. 1026A. Report on security assistance to the Government of Yemen. 

Sec. 1026B. Government of Yemen defined. 

PART VII—MISCELLANEOUS PROVISIONS

Sec. 1027. Definitions. 

Sec. 1027A. Report on police training. 

Sec. 1027B. Audits of United States assistance to Iraq. 

Subtitle C—Peacekeeping Operations 

Sec. 1031. Peacekeeping operations. 

Subtitle D—Reports 

Sec. 1041. Report on transparency in NATO arms sales. 

Sec. 1041A. Report on Task Force for Business and Stability Operations in Afghanistan. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Subtitle A—General Provisions 

Sec. 1101. Elimination of East-West Center. 

Sec. 1102. Inspector General of the Global Fund. 

Sec. 1103. Antiboycott provisions. 

Sec. 1104. American materials required for public use of certain funds. 

Sec. 1105. Prohibition on disclosure of political contributions in submitting offers 

for Department of State contracts. 

Sec. 1106. Protection of intellectual property rights. 

Sec. 1107. Inter-country adoption strategy. 

Sec. 1108. Clarification of sensitive technologies for purposes of procurement ban. 

Sec. 1109. Curtailing the frequency of international maritime piracy. 

Sec. 1110. United Nations High Commissioner for Refugees and Religious Freedom. 

Sec. 1111. Exchange program for women legislators and civil society leaders. 

Sec. 1112. National interest waiver under the Child Soldiers Prevention Act of 

2008. 

Subtitle B—Country-specific Provisions 

Sec. 1121. Azores Cooperative Initiative Program. 

Sec. 1122. United States embassies in Caribbean countries. 

Sec. 1123. Limitation on funds for U.S.-China Center of Excellence on Nuclear 

Security. 

Sec. 1124. Visas for certain citizens of the People’s Republic of China. 

Sec. 1125. Report on the influence of the People’s Republic of China in Southwest 

Asia. 


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Sec. 1126. Enforcement of United States regulations on travel to Cuba. 

Sec. 1127. Measures supporting the reunification of Cyprus. 

Sec. 1128. Pending claims against the Kingdom of Saudi Arabia. 

Sec. 1129. Promotion of human rights in Vietnam. 

Subtitle C—Statements of Policy 

Sec. 1131. Ecumenical Patriarchate. 

Sec. 1132. Special Envoy for the Great Lakes Region of Africa. 

Sec. 1133. Lord’s Resistance Army. 

Sec. 1134. Camp Ashraf. 

Sec. 1135. Human rights abuses by the Government of Syria. 

Sec. 1136. Relations with Russia. 

Sec. 1137. Cote d’Ivoire. 

Sec. 1138. Water and sanitation. 

Subtitle D—Sense of Congress Provisions 

PART I—GENERAL PROVISIONS

Sec. 1141. Bureau of Educational and Cultural Affairs. 

Sec. 1142. Department of State code of conduct to prevent human trafficking. 

Sec. 1143. Public diplomacy. 

Sec. 1144. Human rights priorities. 

Sec. 1145. Discouraging murder and other forms of violence. 

Sec. 1146. International cooperation in space. 

Sec. 1147. Boundary, water, and fisheries commissions. 

PART II—COUNTRY-SPECIFIC PROVISIONS

Sec. 1151. Keystone XL pipeline. 

Sec. 1152. Activities of the People’s Republic of China in Africa. 

Sec. 1153. Actions to secure freedom of Chen Guangcheng and other human rights 

defenders in the People’s Republic of China. 

Sec. 1154. Chinese drywall. 

Sec. 1155. Rights of religious minorities in Egypt. 

Sec. 1156. Plight of Coptic Christians in Egypt. 

Sec. 1157. State sponsorship of terrorism by Eritrea. 

Sec. 1158. Holocaust-era property restitution and compensation by certain European countries. 

Sec. 1159. Democracy in Georgia. 

Sec. 1160. Urging the immediate return of United States children abducted to 

Japan. 

Sec. 1161. Relating to the Quartet and contacts with any Palestinian government. 

Sec. 1162. Democracy and the rule of law in the Russian Federation. 

Sec. 1163. Republic of the Sudan and Republic of South Sudan. 

Sec. 1164. Sale of F-16 fighter aircraft to Taiwan. 

Sec. 1165. Official contacts with Government of Turkey. 

Sec. 1166. Restrictions on religious freedom in Vietnam. 

Sec. 1167. European arms sales to China. 

TITLE XII—LIMITATION ON ASSISTANCE TO THE PALESTINIAN 

AUTHORITY 

Sec. 1201. Short title. 


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Sec. 1202. Sense of Congress. 

Sec. 1203. Limitation on assistance to the Palestinian Authority. 

1 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 Except as otherwise provided in this Act, the term ‘‘ap4 propriate congressional committees’’ means the Committee 

5 on Foreign Affairs of the House of Representatives and the 

6 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 ‘‘Administration 

12 of Foreign Affairs’’ to carry out the authorities, functions, 

13 duties, and responsibilities in the conduct of foreign affairs 

14 of the United States, and for other purposes authorized by 

15 law: 

16 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

17 For ‘‘Diplomatic and Consular Programs’’, 

18 $8,790,000,000 for fiscal year 2012. 

19 (A) WORLDWIDE SECURITY PROTECTION.— 

20 Of such amounts, $1,500,000,000 is authorized to 

21 be appropriated for worldwide security protec22 tion. 

23 (B) BUREAU OF DEMOCRACY, HUMAN

24 RIGHTS, AND LABOR.—Of such amounts, not less 


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1 than $21,416,000 for fiscal year 2012 is author2 ized to be appropriated for the Bureau of Democ3 racy, Human Rights and Labor. 

4 (2) CAPITAL INVESTMENT FUND.—For ‘‘Capital 

5 Investment Fund’’, $59,499,000 for fiscal year 2012. 

6 (3) EMBASSY SECURITY, CONSTRUCTION AND

7 MAINTENANCE.—For ‘‘Embassy Security, Construc8 tion and Maintenance’’, $1,620,000,000 for fiscal year 

9 2012. 

10 (4) EDUCATIONAL AND CULTURAL EXCHANGE

11 PROGRAMS.—For ‘‘Educational and Cultural Ex12 change Programs’’, $600,000,000 for fiscal year 2012. 

13 (5) CONFLICT STABILIZATION OPERATIONS.—For 

14 ‘‘Conflict Stabilization Operations’’, $35,000,000 for 

15 fiscal year 2012. 

16 (6) REPRESENTATION ALLOWANCES.—For ‘‘Rep17 resentation Allowances’’, $7,499,000 for fiscal year 

18 2012. 

19 (7) PROTECTION OF FOREIGN MISSIONS AND OF20 FICIALS.—For ‘‘Protection of Foreign Missions and 

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

22 (8) EMERGENCIES IN THE DIPLOMATIC AND CON23 SULAR SERVICE.—For ‘‘Emergencies in the Diplo24 matic and Consular Service’’, $9,499,000 for fiscal 

25 year 2012. 


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

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

3 (10) PAYMENT TO THE AMERICAN INSTITUTE IN

4 TAIWAN.—For ‘‘Payment to the American Institute in 

5 Taiwan’’, $21,150,000 for fiscal year 2012. 

6 (11) OFFICE OF THE INSPECTOR GENERAL.—For 

7 ‘‘Office of the Inspector General’’, $100,000,000 for 

8 fiscal year 2012, including for the Special Inspector 

9 General for Iraq Reconstruction and the Special In10 spector General for Afghanistan Reconstruction. 

11 SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA12 TIONS. 

13 (a) IN GENERAL.—There are authorized to be appro14 priated for ‘‘Contributions to International Organizations’’, 

15 $1,186,361,250 for fiscal year 2012, for the Department of 

16 State to carry out the authorities, functions, duties, and 

17 responsibilities in the conduct of the foreign affairs of the 

18 United States with respect to international organizations 

19 and to carry out other authorities in law consistent with 

20 such purposes. 

21 (b) LIMITATION.—None of the funds authorized to be 

22 appropriated by this section are authorized to be appro23 priated for assessed contributions to the Organization of 

24 American States. 


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1 SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL PEACE2 KEEPING ACTIVITIES. 

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

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

5 Foreign Relations Authorization Act, Fiscal Years 1994 

6 and 1995 (Public Law 103–236; 22 U.S.C. 287e note) that 

7 funds authorized to be appropriated for contributions for 

8 international peacekeeping activities shall not be available 

9 for the payment of the United States assessed contribution 

10 for a United Nations peacekeeping operation in an amount 

11 that is greater than 25 percent of the total of all assessed 

12 contributions for such operation. 

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated for ‘‘Contributions for Inter15 national Peacekeeping Activities’’, $1,735,382,277 for fiscal 

16 year 2012 for the Department of State to carry out the au17 thorities, functions, duties, and responsibilities of the 

18 United States with respect to international peacekeeping 

19 activities and to carry out other authorities in law con20 sistent with such purposes. 

21 SEC. 104. INTERNATIONAL COMMISSIONS. 

22 The following amounts are authorized to be appro23 priated under ‘‘International Commissions’’ for the Depart24 ment of State to carry out the authorities, functions, duties, 

25 and responsibilities in the conduct of the foreign affairs of 

26 the United States and for other purposes authorized by law: 


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1 (1) INTERNATIONAL BOUNDARY AND WATER COM2 MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter3 national Boundary and Water Commission, United 

4 States and Mexico’’— 

5 (A) for ‘‘Salaries and Expenses’’, 

6 $43,300,000 for fiscal year 2012; and 

7 (B) for ‘‘Construction’’, $26,500,000 for fis8 cal year 2012. 

9 (2) INTERNATIONAL BOUNDARY COMMISSION, 

10 UNITED STATES AND CANADA.—For ‘‘International 

11 Boundary Commission, United States and Canada’’, 

12 $2,433,000 for fiscal year 2012. 

13 (3) INTERNATIONAL JOINT COMMISSION.—For 

14 ‘‘International Joint Commission’’, $7,237,000 for fis15 cal year 2012. 

16 (4) INTERNATIONAL FISHERIES COMMISSIONS.— 

17 For ‘‘International Fisheries Commissions’’, 

18 $31,291,000 for fiscal year 2012. 

19 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There are 

21 authorized to be appropriated for ‘‘Migration and Refugee 

22 Assistance’’ for authorized activities $1,690,000,000 for fis23 cal year 2012. 

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

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


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1 there are authorized to be appropriated $25,000,000 for fis2 cal year 2012 for resettlement of refugees in Israel. 

3 SEC. 106. NATIONAL ENDOWMENT FOR DEMOCRACY. 

4 There are authorized to be appropriated for the ‘‘Na5 tional Endowment for Democracy’’ for authorized activities 

6 $118,000,000 for fiscal year 2012. 

7 TITLE II—DEPARTMENT OF 

8 STATE AUTHORITIES AND AC9 TIVITIES 

10 Subtitle A—Basic Authorities and 

11 Activities 

12 SEC. 201. TRANSFER OF INSPECTIONS BACK TO THE SEC13 RETARY OF STATE. 

14 (a) LIMITATION OF INSPECTOR GENERAL DUTIES.— 

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

16 1980 (22 U.S.C. 3929(a)), is amended by striking the fourth 

17 sentence and inserting the following new sentence: ‘‘The In18 spector General shall perform such functions as the Sec19 retary of State may prescribe, except that the Secretary of 

20 State shall not assign to the Inspector general any general 

21 operating responsibilities.’’. 

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

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

24 periodically inspect the administration of activities 

25 and operations of each Foreign Service post and each 


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1 bureau and other operating unit of the Department of 

2 State. 

3 (2) REPORTS PROVIDED TO THE INSPECTOR

4 GENERAL.—The Secretary of State shall provide to 

5 the Inspector General of the Department of State a 

6 copy of the report of each inspection carried out in 

7 accordance with paragraph (1). 

8 (c) RULE OF CONSTRUCTION.—Nothing in this section 

9 shall be construed as limiting the authority of the Inspector 

10 General of the Department of State to conduct audits, inves11 tigations, or inspections under the Inspector General Act 

12 of 1978 (5 U.S.C. App.). 

13 SEC. 202. INTERNATIONAL LITIGATION FUND. 

14 Paragraph (3) of section 38(d) of the State Depart15 ment Basic Authorities Act of 1956 (22 U.S.C. 2710(d)) is 

16 amended by striking ‘‘by the Department of State from an17 other agency of the United States Government or pursuant 

18 to’’ and inserting ‘‘by the Department of State as a result 

19 of a decision of an international tribunal, from another 

20 agency of the United States Government, or pursuant to’’. 

21 SEC. 203. ACTUARIAL VALUATIONS. 

22 The Foreign Service Act of 1980 is amended— 

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


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1 (A) in the first sentence, by striking ‘‘Sec2 retary of the Treasury’’ and inserting ‘‘Secretary 

3 of State’’; and 

4 (B) by amending the second sentence to 

5 read as follows: ‘‘The Secretary of State is au6 thorized to expend from money to the credit of 

7 the Fund such sums as may be necessary to ad8 minister the provisions of this subchapter, in9 cluding actuarial advice, but only to the extent 

10 and in such amounts as are provided in advance 

11 in appropriations Acts.’’; 

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

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

14 second place it appears and inserting ‘‘Secretary of 

15 State’’; 

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

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

18 ‘‘Secretary of State’’; and 

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

20 (A) by striking ‘‘Secretary of the Treasury’’ 

21 and inserting instead ‘‘Secretary of State’’; and 

22 (B) by striking ‘‘and shall advise the Sec23 retary of State of’’ and inserting ‘‘that will pro24 vide’’. 


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1 SEC. 204. SPECIAL AGENTS. 

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

3 the State Department Basic Authorities Act of 1956 (22 

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

5 ‘‘(1) conduct investigations concerning— 

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

7 use; 

8 ‘‘(B) identity theft or document fraud af9 fecting or relating to the programs, functions, 

10 and authorities of the Department of State; and 

11 ‘‘(C) Federal offenses committed within the 

12 special maritime and territorial jurisdiction of 

13 the United States as defined in paragraph (9) of 

14 section 7 of title 18, United States Code, except 

15 as that jurisdiction relates to the premises of 

16 United States military missions and related resi17 dences;’’. 

18 (b) RULE OF CONSTRUCTION.—Nothing in paragraph 

19 (1) of section 37(a) the State Department Basic Authorities 

20 Act of 1956 (as amended by subsection (a) of this section) 

21 shall be construed to limit the investigative authority of any 

22 other Federal department or agency. 

23 SEC. 205. DIPLOMATIC SECURITY PROGRAM CONTRACTING. 

24 Section 136 of the Foreign Relations Authorization 

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

26 amended— 


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1 (1) in subsection (c)— 

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

3 by striking ‘‘With respect’’ and inserting ‘‘Ex4 cept as provided in subsection (d), with respect’’; 

5 and 

6 (B) in paragraph (3), by striking ‘‘sub7 section (d)’’ and inserting ‘‘subsection (e)’’; 

8 (2) by redesignating subsections (d), (e), (f), and 

9 (g) as subsections (e), (f), (g), and (h), respectively; 

10 (3) by inserting after subsection (c) the following 

11 new subsection: 

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

13 SERVICE CONTRACTS IN HIGH RISK AREAS.—With respect 

14 to local guard contracts for Foreign Service buildings lo15 cated in high risk areas which exceed $250,000, the Sec16 retary of State shall— 

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

18 and (6) of subsection (c) in the award of such con19 tracts; 

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

21 award contracts to the firm representing the best 

22 value to the Government in accordance with the best 

23 value tradeoff process described in subpart 15.1 of the 

24 Federal Acquisition Regulation (48 C.F.R. 15.101–1); 

25 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 the 

6 employees of one of the persons or parties consti7 tuting the joint venture; or 

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

9 offeror, and not as independent contractors to the 

10 offeror or any other entity performing under 

11 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 period 

17 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 Subtitle B—Consular Services and 

5 Related Matters 

6 SEC. 211. EXTENSION OF AUTHORITY TO ASSESS PASSPORT 

7 SURCHARGE. 

8 Paragraph (2) of section 1(b) of the Act of June 4, 

9 1920 (41 Stat. 750; chapter 223; 22 U.S.C. 214(b)), is 

10 amended by striking ‘‘2010’’ and inserting ‘‘2015’’. 

11 SEC. 212. TIBET. 

12 (a) TIBET NEGOTIATIONS.—Section 613(a) of the Ti13 betan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 

14 6901 note) is amended— 

15 (1) in paragraph (1), by inserting before the pe16 riod at the end the following: ‘‘, and should coordinate 

17 with other governments in multilateral efforts toward 

18 this goal’’; 

19 (2) by redesignating paragraph (2) as para20 graph (3); and 

21 (3) by inserting after paragraph (1) the fol22 lowing new paragraph: 

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

24 shall direct the National Security Council to ensure 

25 that, in accordance with this Act, United States polVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 icy on Tibet is coordinated and communicated with 

2 all executive branch agencies in contact with the Gov3 ernment of the People’s Republic of China.’’. 

4 (b) DIPLOMATIC REPRESENTATION RELATING TO

5 TIBET.— 

6 (1) UNITED STATES EMBASSY IN BEIJING.— 

7 (A) IN GENERAL.—The Secretary of State is 

8 authorized to establish a Tibet Section within the 

9 United States Embassy in Beijing, China, for 

10 the purposes of following political, economic, and 

11 social developments inside Tibet, including Ti12 betan areas of Qinghai, Sichuan, Gansu, and 

13 Yunnan provinces, until such time as a United 

14 States consulate in Tibet is established. Such 

15 Tibet Section shall have the primary responsi16 bility for reporting on human rights issues in 

17 Tibet and shall work in close cooperation with 

18 the Office of the Special Coordinator for Tibetan 

19 Issues of the Department of State. The chief of 

20 such Tibet Section should be of senior rank. 

21 (2) IN TIBET.—Section 618 of the Tibetan Policy 

22 Act of 2002 is amended to read as follows: 


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1 ‘‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CON2 SULATE IN LHASA, TIBET. 

3 ‘‘The Secretary shall seek to establish a United States 

4 consulate in Lhasa, Tibet, to provide services to United 

5 States citizens traveling in Tibet and to monitor political, 

6 economic, and cultural developments in Tibet, including Ti7 betan areas of Qinghai, Sichuan, Gansu, and Yunnan prov8 inces and, until such consulate is established, shall not per9 mit the establishment in the United States of any addi10 tional consulate of the People’s Republic of China.’’. 

11 (c) RELIGIOUS PERSECUTION IN TIBET.—Section 

12 620(b) of the Tibetan Policy Act of 2002 is amended by 

13 adding before the period at the end the following: ‘‘, includ14 ing in the reincarnation system of Tibetan Buddhism’’. 

15 (d) BILATERAL ASSISTANCE.—Section 616 of the Ti16 betan Policy Act of 2002 is amended— 

17 (1) in subsection (a), in the second sentence, by 

18 striking ‘‘subsection (d)’’ and inserting ‘‘subsection 

19 (e)’’; 

20 (2) in subsection (b), by striking ‘‘subsection (d)’’ 

21 and inserting ‘‘subsection (e)’’; 

22 (3) in subsection (c), by striking ‘‘subsection (d)’’ 

23 and inserting ‘‘subsection (e)’’; 

24 (4) by redesignating subsection (d) as subsection 

25 (e); and 


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1 (5) by inserting after subsection (c) the following 

2 new subsection: 

3 ‘‘(d) UNITED STATES ASSISTANCE.—The President 

4 shall provide grants to nongovernmental organizations to 

5 support sustainable economic development, cultural and 

6 historical preservation, health care, education, and environ7 mental sustainability projects for Tibetan communities in 

8 the Tibet Autonomous Region and in other Tibetan commu9 nities in China, in accordance with the principles specified 

10 in subsection (e) and subject to review and approval of the 

11 United States Special Coordinator for Tibetan Issues under 

12 section 621(d).’’. 

13 SEC. 213. MAINTENANCE COST SHARING PROGRAM. 

14 Section 604(e)(1) of the Secure Embassy Construction 

15 and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) 

16 is amended, in the first sentence, by striking ‘‘providing 

17 new,’’ and inserting ‘‘providing, maintaining, repairing, 

18 and renovating’’. 

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

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

21 Related Agencies Appropriations Act, 1999 (contained in 

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

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

24 fee that would otherwise apply for processing a machine 


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1 readable combined border crossing identification card and 

2 nonimmigrant visa’’. 

3 SEC. 215. REPORT ON OFFICE OF TERRORISM FINANCE AND 

4 ECONOMIC SANCTIONS POLICY OF THE DE5 PARTMENT OF STATE. 

6 (a) REPORT.—Not later than three months after the 

7 date of the enactment of this Act, the Secretary of State 

8 shall submit to the appropriate congressional committees a 

9 report on the resources and effectiveness of the Office of Ter10 rorism Finance and Economic Sanctions Policy of the De11 partment of State. 

12 (b) CONTENTS.—The report required under subsection 

13 (a) shall include the following: 

14 (1) An assessment of how additional resources 

15 would enhance the efforts of the Office of Terrorism 

16 Finance and Economic Sanctions Policy to initiate, 

17 conduct, and complete investigations into violations 

18 of United States sanctions policy in a timely and ef19 fective manner and carry out its goals and mission. 

20 (2) An assessment of the feasibility and con21 straints toward increasing personnel numbers or ena22 bling short-term contracting with outside consultants 

23 in the Office of Terrorism Finance and Economic 

24 Sanctions Policy. 


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1 (3) An analysis of the potential impact of in2 creased personnel, contracting authority, and re3 sources for the Office of Terrorism Finance and Eco4 nomic Sanctions Policy on the timeframe for a typ5 ical investigation’s initiation, performance, conclu6 sion, and resolution. 

7 Subtitle C—Other Matters 

8 SEC. 221. STATEMENT OF POLICY ON EXISTING UNITED 

9 STATES UNDERSTANDINGS WITH ISRAEL. 

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

11 and act in accordance with all of the reassurances provided 

12 by the President in the April 14, 2004, letter to the Prime 

13 Minister of Israel. 

14 SEC. 222. RECOGNITION OF JERUSALEM AS THE CAPITAL 

15 OF THE STATE OF ISRAEL AND RELOCATION 

16 OF THE UNITED STATES EMBASSY TO JERU17 SALEM. 

18 (a) SENSE OF CONGRESS.—It is the sense of Congress 

19 that— 

20 (1) Jerusalem must remain an undivided city in 

21 which the rights of every ethnic and religious group 

22 are protected as they have been by Israel since 1967; 

23 (2) the President and the Secretary of State 

24 should publicly affirm as a matter of United States 


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1 policy that Jerusalem must remain the undivided 

2 capital of the State of Israel; 

3 (3) the President should immediately implement 

4 the provisions of Jerusalem Embassy Act of 1995 

5 (Public Law 104–45) and begin the process of relo6 cating the United States Embassy in Israel to Jeru7 salem; and 

8 (4) United States officials should refrain from 

9 any actions that contradict United States law on this 

10 subject. 

11 (b) AMENDING OF WAIVER AUTHORITY.—Subsection 

12 (a) of section 7 of the Jerusalem Embassy Act of 1995 (Pub13 lic Law 104–45) is amended by adding at the end the fol14 lowing new paragraph: 

15 ‘‘(4) The Presidential waiver authority granted in this 

16 section shall expire on January 1, 2014.’’. 

17 (c) IDENTIFICATION OF JERUSALEM ON GOVERNMENT

18 DOCUMENTS.—Notwithstanding any other provision of law, 

19 any official document of the United States Government that 

20 lists countries and their capital cities shall identify Jeru21 salem as the capital of Israel. 

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

23 that the United States Embassy in Israel should be estab24 lished in Jerusalem as soon as possible, and not later than 

25 January 1, 2014. 


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1 (e) FISCAL YEAR 2012 FUNDING.—Of the funds au2 thorized to be appropriated for ‘‘Acquisition and Mainte3 nance of Buildings Abroad’’ for the Department of State 

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

5 available until expended only for construction and other 

6 costs associated with the establishment of the United States 

7 Embassy in Israel in the capital of Jerusalem. 

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

9 States Embassy’’ means the offices of the United States dip10 lomatic mission and the residence of the United States chief 

11 of mission. 

12 TITLE III—ORGANIZATION AND 

13 PERSONNEL AUTHORITIES 

14 SEC. 301. SUSPENSION OF FOREIGN SERVICE MEMBERS 

15 WITHOUT PAY. 

16 (a) SUSPENSION.—Section 610 of the Foreign Service 

17 Act of 1980 (22 U.S.C. 4010) is amended by adding at the 

18 end the following new subsection: 

19 ‘‘(c)(1) In order to promote the efficiency of the Serv20 ice, the Secretary may suspend a member of the Foreign 

21 Service without pay when the member’s security clearance 

22 is suspended or when there is reasonable cause to believe 

23 that the member has committed a crime for which a sen24 tence of imprisonment may be imposed. 


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

2 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 rep9 resentative; and 

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

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

13 file a grievance in accordance with the procedures applica14 ble to grievances under chapter 11. 

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

16 (3)— 

17 ‘‘(A) the review by the Foreign Service Grievance 

18 Board shall be limited to a determination of whether 

19 the provisions of paragraphs (1) and (2) have been 

20 fulfilled; and 

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

22 not exercise the authority provided under section 

23 1106(8). 

24 ‘‘(5) In this subsection: 

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


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1 ‘‘(i) with respect to a member of the Foreign 

2 Service assigned to duty in the United States, 15 

3 days after receiving notice of the proposed sus4 pension; and 

5 ‘‘(ii) with respect to a member of the For6 eign Service assigned to duty outside the United 

7 States, 30 days after receiving notice of the pro8 posed suspension. 

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

10 the placing of a member of the Foreign Service in a 

11 temporary status without duties and pay.’’. 

12 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

13 (1) AMENDMENT OF SECTION HEADING.—Section 

14 610 of the Foreign Service Act of 1980, as amended 

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

16 in the section heading, by inserting ‘‘; SUSPENSION’’ 

17 before the period at the end. 

18 (2) CLERICAL AMENDMENT.—The item relating 

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

20 the Foreign Service Act of 1980 is amended to read 

21 as follows: 

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

22 SEC. 302. REPEAL OF RECERTIFICATION REQUIREMENT 

23 FOR SENIOR FOREIGN SERVICE. 

24 Section 305(d) of the Foreign Service Act of 1980 (22 

25 U.S.C. 3945(d)) is repealed. 


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1 SEC. 303. LIMITED APPOINTMENTS IN THE FOREIGN SERV2 ICE. 

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

4 U.S.C. 3949) is amended— 

5 (1) in subsection (a), by striking ‘‘subsection (b)’’ 

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

7 (2) in subsection (b)— 

8 (A) in paragraph (3)— 

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

10 (ii) by inserting before the semicolon at 

11 the end the following: ‘‘, or (B), the career 

12 candidate is serving in the uniformed serv13 ices, as defined by the Uniformed Services 

14 Employment and Reemployment Rights Act 

15 of 1994 (38 U.S.C. 4301 et seq.), and the 

16 limited appointment expires in the course of 

17 such service’’; 

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

19 the end; 

20 (C) in paragraph (5), by striking the period 

21 at the end and inserting ‘‘; and’’; and 

22 (D) by adding after paragraph (5) the fol23 lowing new paragraph: 

24 ‘‘(6) in exceptional circumstances where the Secretary 

25 determines the needs of the Service require the extension of 

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1 ceed 12 months (if such period of time does not permit addi2 tional review by boards under section 306), or (B), for the 

3 minimum time needed to settle a grievance, claim, or com4 plaint not otherwise provided for in this section.’’; and 

5 (3) by adding at the end the following new sub6 section: 

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

8 served five consecutive years under a limited appointment 

9 may be reappointed to a subsequent limited appointment 

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

11 appointment. The Secretary may in cases of special need 

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

13 SEC. 304. LIMITATION OF COMPENSATORY TIME OFF FOR 

14 TRAVEL. 

15 Section 5550b of title 5, United States Code, is amend16 ed by adding at the end the following new subsection: 

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

18 earned under this section may not exceed 104 hours during 

19 any leave year (as defined by regulations established by the 

20 Office of Personnel Management).’’. 


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1 TITLE IV—UNITED STATES 

2 INTERNATIONAL BROAD3 CASTING 

4 SEC. 401. AUTHORIZATION OF APPROPRIATIONS FOR 

5 INTERNATIONAL BROADCASTING. 

6 (a) IN GENERAL.—The following amounts are author7 ized to be appropriated to carry out United States inter8 national broadcasting activities under the United States In9 formation and Educational Exchange Act of 1948, the 

10 Radio Broadcasting to Cuba Act, the Television Broad11 casting to Cuba Act, the United States International Broad12 casting Act of 1994, and the Foreign Affairs Reform and 

13 Restructuring Act of 1998, and to carry out other authori14 ties in law consistent with such purposes: 

15 (1) For ‘‘International Broadcasting Oper16 ations’’, $741,500,000 for fiscal year 2012. 

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

18 $6,875,000 for fiscal year 2012. 

19 (b) LIMITATION.— 

20 (1) RELATING TO VOICE OF AMERICA BROAD21 CASTING TO CHINA.—Of the funds authorized to be 

22 appropriated to the Broadcasting Board of Governors, 

23 $13,760,000 is authorized to be appropriated only for 

24 Voice of America Mandarin and Cantonese language 


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1 radio and satellite television broadcasting. Such funds 

2 may not be used for any other purpose. 

3 (2) RELATING TO SINDHI.—Of the funds author4 ized to be appropriated to the Broadcasting Board of 

5 Governors, $1,500,000 is authorized to be appro6 priated only for Voice of America Sindhi language 

7 communication. Such funds may not be used for any 

8 other purpose. 

9 SEC. 402. PERSONAL SERVICES CONTRACTING PROGRAM. 

10 Section 504(c) of the Foreign Relations Authorization 

11 Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 

12 6206 note), is amended by striking ‘‘2009’’ and inserting 

13 ‘‘2014’’. 

14 SEC. 403. EMPLOYMENT FOR INTERNATIONAL BROAD15 CASTING. 

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

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

18 amended— 

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

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

21 paragraph, the term ‘suitably qualified United States 

22 citizens’ means those United States citizen applicants 

23 who are equally or better qualified than alien appli24 cants)’’; and 


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1 (2) by striking ‘‘Attorney General’’ and inserting 

2 ‘‘Secretary of Homeland Security’’. 

3 SEC. 404. TECHNICAL AMENDMENT RELATING TO CIVIL IM4 MUNITY FOR BROADCASTING BOARD OF GOV5 ERNORS MEMBERS. 

6 Section 304(g) of the United States International 

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

8 by striking ‘‘Incorporated and Radio Free Asia’’ and in9 serting ‘‘Incorporated, Radio Free Asia, and Middle East 

10 Broadcasting Networks’’. 

11 TITLE V—REPORTING 

12 REQUIREMENTS 

13 SEC. 501. REPORTING REFORM. 

14 The following provisions of law are repealed: 

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

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

17 113. 

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

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

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

21 (6) Subsections (c)(4) and (c)(5) of section 601 

22 of Public Law 96–465. 

23 (7) Section 585 in the matter under section 

24 101(c) of division A of Public Law 104–208. 


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

2 Public Law 107–228. 

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

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

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

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

7 SEC. 502. DIPLOMATIC RELATIONS WITH ISRAEL. 

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

9 United States to assist Israel in its efforts to establish and 

10 enhance its diplomatic relations with other responsible 

11 countries and to promote Israel’s full participation in ap12 propriate multilateral forums. 

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

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

15 following three years, the Secretary of State shall submit 

16 to the appropriate congressional committees a report that 

17 includes the following information: 

18 (1) Actions taken by representatives of the 

19 United States to encourage other responsible countries 

20 to establish full diplomatic relations with Israel. 

21 (2) Specific responses solicited and received by 

22 the Secretary from countries that do not maintain 

23 full diplomatic relations with Israel with respect to 

24 their attitudes toward and plans for entering into 

25 diplomatic relations with Israel. 


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1 (3) Actions taken by representatives of the 

2 United States to encourage Israel’s entry into appro3 priate regional and other groupings, encourage 

4 Israel’s election to governing bodies of appropriate 

5 multilateral forums, and support Israel’s membership 

6 in appropriate multilateral forums. 

7 (4) Other measures being undertaken, and meas8 ures that will be undertaken, by the United States to 

9 counter multilateral efforts to isolate Israel, as well as 

10 to ensure and promote Israel’s full participation in 

11 the world diplomatic community. 

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

13 under subsection (b) shall be submitted in unclassified form 

14 but may include a classified annex, if the Secretary of State 

15 determines such is appropriate. 

16 SEC. 503. REPORT ON PROGRESS TO AMELIORATE VIOLA17 TIONS OF RELIGIOUS FREEDOM. 

18 The Foreign Assistance Act of 1961 is amended— 

19 (1) in section 116 (22 U.S.C. 2151n), by adding 

20 at the end the following new subsection: 

21 ‘‘(g) PROGRESS TO AMELIORATE VIOLATIONS OF RELI22 GIOUS FREEDOM.—Every five years beginning in 2012, the 

23 report required by subsection (d) shall include, wherever ap24 plicable, a description of progress to ameliorate violations 

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1 mission on International Religious Freedom by govern2 ments of countries designated by the Commission as Coun3 tries of Particular Concern.’’; and 

4 (2) in section 502B (22 U.S.C. 2304), by adding 

5 at the end the following new subsection: 

6 ‘‘(j) PROGRESS TO AMELIORATE VIOLATIONS OF RELI7 GIOUS FREEDOM.—Every five years beginning in 2012, the 

8 report required by subsection (b) shall include, wherever ap9 plicable, a description of progress to ameliorate violations 

10 of religious freedom identified by the United States Com11 mission on International Religious Freedom by govern12 ments of countries designated by the Commission as Coun13 tries of Particular Concern.’’. 

14 TITLE VI—PROLIFERATION 

15 SECURITY INITIATIVE 

16 SEC. 601. AUTHORITY TO INTERDICT CERTAIN IMPORTS TO 

17 AND EXPORTS FROM IRAN. 

18 The President is authorized to— 

19 (1) utilize the Proliferation Security Initiative 

20 and other measures necessary to enforce United States 

21 laws and Executive Orders, and multilateral and bi22 lateral agreements, including the 2005 Protocol to the 

23 Convention for the Suppression of Unlawful Acts 

24 against the Safety of Maritime Navigation, for the 

25 purpose of interdicting the import into or export from 


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1 Iran by the Government of Iran or any other country, 

2 entity, or person of any items, materials, equipment, 

3 goods, or technology useful for any nuclear, biological, 

4 chemical, missile, or conventional arms program; and 

5 (2) utilize ship boarding and other interdiction 

6 agreements with countries determined to be necessary 

7 to accomplish the purpose specified in paragraph (1). 

8 SEC. 602. REPORT. 

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

10 and Syria Nonproliferation Act (Public Law 106–178; 50 

11 U.S.C. 1701 note) is amended— 

12 (1) in subsection (b), by striking ‘‘6-month pe13 riod’’ and inserting ‘‘120-day period’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(f) ADDITIONAL CONTENTS OF REPORTS.—Each re17 port under subsection (a) shall contain a description, with 

18 respect the transfer or acquisition of the goods, services, or 

19 technology described in such subsection, of the actions taken 

20 by foreign governments to assist in interdicting such trans21 fer or acquisition.’’. 

22 (b) EFFECTIVE DATE.—The amendments made by sub23 section (a) take effect on the date of the enactment of this 

24 Act and apply with respect to the first report required to 


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1 be submitted under section 2 of the Iran, North Korea, and 

2 Syria Nonproliferation Act after such date. 

3 SEC. 603. DEFINITIONS. 

4 In this title: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional commit7 tees’’ means— 

8 (A) the Committee of Foreign Affairs and 

9 the Committee on Appropriations of the House of 

10 Representatives; and 

11 (B) the Committee on Foreign Relations 

12 and the Committee on Appropriations of the 

13 Senate. 

14 (2) GOVERNMENT OF IRAN.—The term ‘‘Govern15 ment of Iran’’ means— 

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

17 (B) any agency or instrumentality of the 

18 Government of Iran; 

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

20 directly or indirectly, by the Government of 

21 Iran; 

22 (D) any member or instrumentality of the 

23 Iranian Revolutionary Guard Corps (IRGC); or 


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

2 directly or indirectly by a member or instrumen3 tality of the IRGC. 

4 TITLE VII—PEACE CORPS VOL5 UNTEER SERVICE PROTEC6 TION 

7 SEC. 701. SEXUAL ASSAULT COMPLAINTS IN THE PEACE 

8 CORPS. 

9 (a) SENSE OF CONGRESS.—It is the sense of Congress 

10 that the Peace Corps has begun responding to concerns re11 lated to its handling of sexual assault complaints from its 

12 volunteers that have been the subject of media reports and 

13 oversight hearings, including by the hiring of a Victim’s 

14 Advocate. 

15 (b) STATEMENT OF CONGRESS.—Congress looks for16 ward to working cooperatively with the Peace Corps on ad17 ditional, necessary steps to protect volunteers, including the 

18 enactment and implementation of this title. 

19 SEC. 702. PEACE CORPS VOLUNTEER PROTECTION. 

20 The Peace Corps Act is amended by inserting after sec21 tion 8 (22 U.S.C. 2507) the following new sections: 

22 ‘‘SAFETY AND SECURITY AGREEMENT REGARDING PEACE

23 CORPS VOLUNTEERS SERVING IN FOREIGN COUNTRIES

24 ‘‘SEC. 8A. (a) IN GENERAL.—Not later than six 

25 months after the date of the enactment of this section, the 

26 Director of the Peace Corps shall consult with the Assistant 


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1 Secretary of State for Diplomatic Security and enter into 

2 a memorandum of understanding that specifies the duties 

3 and obligations of the Peace Corps and the Bureau of Diplo4 matic Security of the Department of State with respect to 

5 the protection of Peace Corps volunteers and staff members 

6 serving in foreign countries, including with respect to inves7 tigations of safety and security incidents and crimes com8 mitted against such volunteers and staff members. 

9 ‘‘(b) INSPECTOR GENERAL REVIEW.— 

10 ‘‘(1) REVIEW.—The Inspector General of the 

11 Peace Corps shall review the memorandum of under12 standing described in subsection (a) and be afforded 

13 the opportunity to recommend changes that advance 

14 the safety and security of Peace Corps volunteers be15 fore its entry into force. 

16 ‘‘(2) REPORT.—The Director of the Peace Corps 

17 shall consider all recommendations of the Inspector 

18 General of the Peace Corps regarding the memo19 randum of understanding described in subsection (a). 

20 If the Director enters into such memorandum without 

21 addressing a recommendation of the Inspector Gen22 eral, the Director shall submit to the Inspector Gen23 eral an explanation relating thereto. 

24 ‘‘(3) FAILURE TO MEET DEADLINE.— 


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1 ‘‘(A) REQUIREMENT TO SUBMIT REPORT.— 

2 If, by the date that is 6 months after the date of 

3 the enactment of this section, the Director of the 

4 Peace Corps is unable to obtain agreement with 

5 the Assistant Secretary of State for Diplomatic 

6 Security and certification by the Inspector Gen7 eral of the Peace Corps, the Director shall submit 

8 to the committees of Congress specified in sub9 paragraph (C) a report explaining the reasons 

10 for such failure. 

11 ‘‘(B) LIMITATION ON FUNDS.—If, by the 

12 date that is 9 months after the date of the enact13 ment of this section, the memorandum of under14 standing described in subsection (a) has not en15 tered into force, no funds available to the Peace 

16 Corps may be obligated or expended to extend to 

17 Peace Corps volunteers invitations for service or 

18 to deploy Peace Corps trainees overseas unless 

19 the Director of the Peace Corps certifies to the 

20 committees of Congress specified in subpara21 graph (C) that— 

22 ‘‘(i) significant progress is being made 

23 toward finalizing such memorandum; and 

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1 ing, support, and information they need to 

2 stay safe and secure. 

3 ‘‘(C) COMMITTEES OF CONGRESS SPECI4 FIED.—The committees of Congress specified in 

5 this subparagraph are the Committee on Foreign 

6 Affairs of the House of Representatives and the 

7 Committee on Foreign Relations of the Senate. 

8 ‘‘(c) INCLUSION OF TRAINEES.—In this section and 

9 sections 8B through 8I, the term ‘volunteers’ includes train10 ees. 

11 ‘‘SEXUAL ASSAULT RISK-REDUCTION AND RESPONSE

12 TRAINING

13 ‘‘SEC. 8B. (a) IN GENERAL.—As part of the training 

14 provided to all volunteers under section 8(a), the Director 

15 of the Peace Corps shall develop and implement comprehen16 sive sexual assault risk-reduction and response training 

17 that conforms to best practices in the sexual assault field 

18 as appropriate for first responders and other staff. 

19 ‘‘(b) DEVELOPMENT AND CONSULTATION WITH EX20 PERTS.—In developing the sexual assault risk-reduction 

21 and response training under subsection (a), the Director of 

22 the Peace Corps shall consult with and incorporate, as ap23 propriate, the recommendations and views of experts in the 

24 sexual assault field. 

25 ‘‘(c) SUBSEQUENT TRAINING.—Once a trainee has ar26 rived in such trainee’s country of service, the Director of 


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1 the Peace Corps shall provide such trainee with training 

2 tailored to such country, including cultural training relat3 ing to gender relations, risk-reduction strategies, a safety 

4 plan in the event of an assault, treatment available in such 

5 country (such as forensic rape exams, PEP for HIV expo6 sure, STD screening, and pregnancy testing), MedEvac pro7 cedures, and information regarding the legal process for 

8 pressing charges against an attacker. 

9 ‘‘(d) HISTORICAL ANALYSIS.—The Director of the 

10 Peace Corps shall provide each applicant for enrollment 

11 with a historical analysis of crimes and risks against volun12 teers in the country in which the applicant has been invited 

13 to serve. 

14 ‘‘(e) CONTACT INFORMATION.—The Director of the 

15 Peace Corps shall provide each trainee, before each such 

16 trainee enrolls as a volunteer, with— 

17 ‘‘(1) the contact information of the Inspector 

18 General of the Peace Corps for purposes of reporting 

19 violations of the sexual assault protocol under section 

20 8C or any other criminal or administrative wrong21 doing by volunteers, personnel (including experts and 

22 consultants), or other individuals (including contrac23 tors) who do business with the Peace Corps; and 

24 ‘‘(2) clear, written guidelines regarding whom to 

25 contact, including the direct telephone number for a 


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1 victim advocate and what steps to take in the event 

2 of a sexual assault. 

3 ‘‘(f) DEFINITIONS.—In this section and sections 8C 

4 through 8I: 

5 ‘‘(1) ASSAULT.— 

6 ‘‘(A) IN GENERAL.—The term ‘assault’ 

7 means an act that— 

8 ‘‘(i) creates an apprehension in an in9 dividual of an imminent, harmful, or offen10 sive contact; or 

11 ‘‘(ii) is a harmful or offensive touch12 ing. 

13 ‘‘(B) INCLUSION.—The term ‘assault’ in14 cludes stalking and sexual assault. 

15 ‘‘(2) SEXUAL ASSAULT.—The term ‘sexual as16 sault’ means any conduct described in chapter 109A 

17 of title 18, United States Code, relating to aggravated 

18 sexual abuse, sexual abuse, and sexual contact, wheth19 er or not the conduct occurs in the special maritime 

20 and territorial jurisdiction of the United States, and 

21 includes both assaults committed by offenders who are 

22 strangers to the victim and assaults committed by of23 fenders who are known or related by blood or mar24 riage to the victim. 


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1 ‘‘(3) STALKING.—The term ‘stalking’ means en2 gaging in a course of conduct directed at a specific 

3 person that would cause a reasonable person to— 

4 ‘‘(A) fear for his or her safety or the safety 

5 of others; or 

6 ‘‘(B) suffer substantial emotional distress. 

7 ‘‘SEXUAL ASSAULT PROTOCOL AND GUIDELINES

8 ‘‘SEC. 8C. (a) IN GENERAL.—The Director of the Peace 

9 Corps shall develop and implement comprehensive sexual 

10 assault protocol and guidelines that— 

11 ‘‘(1) conform to best practices in the sexual as12 sault field; and 

13 ‘‘(2) are applicable to all posts at which volun14 teers serve. 

15 ‘‘(b) DEVELOPMENT AND CONSULTATION WITH EX16 PERTS.—In developing the sexual assault policy under sub17 section (a), the Director of the Peace Corps shall consult 

18 with and incorporate, as appropriate, the recommendations 

19 and views of experts in the sexual assault field. 

20 ‘‘(c) ELEMENTS.—The sexual assault protocol and 

21 guidelines developed under subsection (a) shall include, at 

22 a minimum, the following services with respect to a volun23 teer who has been a victim of sexual assault: 

24 ‘‘(1) Protection of such volunteer’s confiden25 tiality. 


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1 ‘‘(2) Provision of a victim’s advocate to such vol2 unteer. 

3 ‘‘(3) Provision of a sexual assault forensic evi4 dence kit to such volunteer upon request. 

5 ‘‘(4) Provision of emergency health care to such 

6 volunteer, including, to the greatest extent practicable, 

7 a choice of medical providers and a mechanism for 

8 such volunteer to evaluate such provider. 

9 ‘‘(5) Provision of counseling and psychiatric 

10 medication. 

11 ‘‘(6) Completion of a safety and treatment plan 

12 with such volunteer. 

13 ‘‘(7) Evacuation of such volunteer, accompanied 

14 by a Peace Corps staffer at the request of such volun15 teer. 

16 ‘‘(8) An explanation to such volunteer of avail17 able law enforcement, prosecutorial options, and legal 

18 representation. 

19 ‘‘(d) DISTRIBUTION AND TRAINING.—The Director of 

20 the Peace Corps shall distribute to and train all in-country 

21 staff regarding the sexual assault protocol and guidelines 

22 developed under subsection (a). 

23 ‘‘(e) REMOVAL AND ASSESSMENT AND EVALUATION.— 

24 ‘‘(1) IN GENERAL.—If a volunteer feels at risk of 

25 imminent bodily harm and requests removal from the 


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1 site in which such volunteer is serving, the Director 

2 of the Peace Corps shall, as expeditiously as practical 

3 after receiving such request, remove such volunteer 

4 from such site. If the Director of the Peace Corps re5 ceives such a request, the Director of the Peace Corps 

6 shall assess and evaluate the safety of such site and 

7 may not assign another volunteer to such site until 

8 such time as such assessment and evaluation is com9 plete and such site has been determined to be safe. 

10 ‘‘(2) DETERMINATION OF SITE AS UNSAFE.—Vol11 unteers may remain at a site during an assessment 

12 and evaluation under paragraph (1). If the Director 

13 the Peace Corps determines that a site is unsafe, the 

14 Director of the Peace Corps shall, as expeditiously as 

15 practical, remove all volunteers from such site. 

16 ‘‘(f) SEXUAL ASSAULT RESPONSE TEAMS.—The Direc17 tor of the Peace Corps shall establish sexual assault response 

18 teams, including Safety and Security Officers, medical 

19 staff, and a victim advocate, that can respond to reports 

20 of sexual assault against a volunteer. 

21 ‘‘(g) CASE REVIEW.—The Director of the Peace Corps 

22 shall conduct case reviews of a statistically significant num23 ber of cases on a quarterly basis to determine if proper pro24 cedures were followed in accordance with the sexual assault 


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1 protocols and guidelines developed under subsection (a) and 

2 including the elements specified in subsection (c). 

3 ‘‘(h) TRACKING AND RECORDING.—The Director of the 

4 Peace Corps shall establish a global tracking and recording 

5 system to track and record incidents of assault against vol6 unteers. 

7 ‘‘(i) PROHIBITION ON COMBINING INCIDENTS.—The 

8 Director of the Peace Corps may not combine into one inci9 dent for purposes of tracking and recording under sub10 section (h) reports by different volunteers of assault against 

11 such volunteers even if such assaults were committed by one 

12 individual against such volunteers at any one time. 

13 ‘‘(j) ALTERNATIVE SYSTEMS.—The Director of the 

14 Peace Corps shall establish an alternative reporting system 

15 and hotline access system through which volunteers who are 

16 victims of assault can report and receive support on an 

17 anonymous basis. Such alternative systems shall be pub18 lished in the Volunteer Handbook. 

19 ‘‘VICTIMS ADVOCATES

20 ‘‘SEC. 8D. (a) VICTIMS ADVOCATES.— 

21 ‘‘(1) IN GENERAL.—The Director of the Peace 

22 Corps shall assign a certified victims advocate in 

23 Peace Corps headquarters who shall report directly to 

24 the Director. The Director of the Peace Corps shall as25 sign such additional certified victims advocates to as26 sist such victims advocate as the Director determines 


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1 necessary. Such additional victims advocates shall 

2 have regional expertise and may be posted abroad if 

3 such victims advocate determines that such is nec4 essary. 

5 ‘‘(2) SENSE OF CONGRESS.—It is the sense of 

6 Congress that the Director of the Peace Corps should 

7 assign three additional certified victims advocates to 

8 assist the certified victims advocate under paragraph 

9 (1). 

10 ‘‘(3) PROHIBITION.—Peace Corps Medical Offi11 cers, Safety and Security Officers, and program staff 

12 may not serve as victims advocates. The victims advo13 cate and additional victims advocates may not have 

14 any other duties in the Peace Corps. 

15 ‘‘(4) EXEMPTION.—The victims advocate and ad16 ditional victims advocates shall be exempt from the 

17 five year rule on appointments and assignments 

18 under section 7. 

19 ‘‘(b) RESPONSIBILITIES.—The victims advocate and 

20 additional victims advocates shall help develop and imple21 ment the sexual assault risk-reduction and response train22 ing described in section 8B and the sexual assault protocol 

23 and guidelines described in section 8C and ensure such 

24 training and such protocol and guidelines are being prop25 erly updated and followed. The victims advocate and addiVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 tional victims advocates shall assist volunteers who are vic2 tims of assault by making such victims aware of the services 

3 specified in section 8C(c) available to them and facilitating 

4 their access to such services. 

5 ‘‘(c) STATUS UPDATES.—The victims advocate and ad6 ditional victims advocates shall provide to volunteers who 

7 are victims of assault regular updates on the status of their 

8 cases if such volunteers have opted to pursue prosecution. 

9 ‘‘(d) TRANSITION.—A victims advocate who is working 

10 with a volunteer who is a victim of assault and who relo11 cates back to the United States shall assist such volunteer 

12 to receive the services specified in section 8C(c) required by 

13 such volunteer, including through the duration of the claim 

14 with the Department of Labor, even after such volunteer is 

15 medically separated. 

16 ‘‘ESTABLISHMENT OF SEXUAL ASSAULT ADVISORY COUNCIL

17 ‘‘SEC. 8E. (a) ESTABLISHMENT.—There is established 

18 in the Peace Corps a Sexual Assault Advisory Council (in 

19 this section referred to as the ‘Council’). 

20 ‘‘(b) MEMBERSHIP.—The Council shall be composed of 

21 individuals selected by the Director of the Peace Corps who 

22 are returned volunteers (including volunteers who were vic23 tims of sexual assault and volunteers who were not victims 

24 of sexual assault) and governmental and nongovernmental 

25 experts and professionals in the sexual assault field. 


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1 ‘‘(c) FUNCTIONS; MEETINGS.—The Council shall meet 

2 not less often than annually to review the sexual assault 

3 risk-reduction and response training developed under sec4 tion 8B, sexual assault policy developed under section 8C, 

5 and the confidentiality policy developed under section 8G 

6 to ensure that such training and policies conform to best 

7 practices in the sexual assault field. 

8 ‘‘(d) REPORTS.—The Council shall annually submit to 

9 the Director of the Peace Corps and the Committee on For10 eign Affairs and the Committee on Appropriations of the 

11 House of Representatives and Committee on Foreign Rela12 tions and the Committee on Appropriations of the Senate 

13 a report on its findings based on the reviews conducted pur14 suant to subsection (c). 

15 ‘‘(e) FEDERAL EMPLOYEES.—Members of the Council 

16 shall not be considered Federal employees for any purpose 

17 and shall not receive compensation other than reimburse18 ment of travel expenses and per diem allowance. 

19 ‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advi20 sory Committee Act (5 U.S.C. App.) shall not apply to the 

21 Council. 

22 ‘‘VOLUNTEER FEEDBACK AND PEACE CORPS REVIEW

23 ‘‘SEC. 8F. (a) MONITORING AND EVALUATION.—Not 

24 later than one year after the date of the enactment of this 

25 section, the Director of the Peace Corps shall establish goals, 

26 metrics, and monitoring and evaluation plans for all Peace 


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1 Corps programs and Country Directors. Monitoring and 

2 evaluation plans shall incorporate best practices from mon3 itoring and evaluation studies and analyses. 

4 ‘‘(b) ANNUAL VOLUNTEER SURVEYS.—The Director of 

5 the Peace Corps shall annually conduct a confidential sur6 vey of volunteers regarding the effectiveness of Peace Corps 

7 programs and staff and the safety of volunteers. 

8 ‘‘(c) PEACE CORPS INSPECTOR GENERAL.—The In9 spector General of the Peace Corps shall submit to the Com10 mittee on Foreign Affairs and the Committee on Appropria11 tions of the House of Representatives and Committee on 

12 Foreign Relations and the Committee on Appropriations of 

13 the Senate the following: 

14 ‘‘(1) A biennial report on reports received from 

15 volunteers relating to misconduct, mismanagement, or 

16 policy violations of Peace Corps staff, any breaches of 

17 the confidentiality of volunteers, and any actions 

18 taken to assure the safety of volunteers who provide 

19 such reports. 

20 ‘‘(2) A report, not later than two years after the 

21 date of the enactment of this section and every five 

22 years thereafter, evaluating the effectiveness and im23 plementation of the assault risk-reduction and re24 sponse training developed under section 8B and the 


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1 sexual assault protocol and guidelines developed 

2 under section 8C. 

3 ‘‘(3) A trend analysis every three years of the 

4 annual volunteer surveys, including actions taken in 

5 response to such surveys. 

6 ‘‘(4) A report, not later than two years after the 

7 date of the enactment of this section, describing how 

8 Country Directors are hired, how Country Directors 

9 are terminated, and how Country Directors hire staff. 

10 ‘‘(d) EVALUATION DEFINED.—For purposes of this sec11 tion, the term ‘evaluation’ means the systematic collection 

12 and analysis of information about the characteristics and 

13 outcomes of programs and projects as a basis for judgments, 

14 to improve effectiveness, or inform decisions about current 

15 and future programming. 

16 ‘‘NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE

17 INFORMATION

18 ‘‘SEC. 8G. (a) IN GENERAL.—The Director of the 

19 Peace Corps shall establish and maintain a process to allow 

20 volunteers to report incidents of assault, incidents of mis21 conduct or mismanagement, or violations of any policy of 

22 the Peace Corps in order to protect the confidentiality as 

23 described in subsection (c) and safety of such volunteers and 

24 of the information reported, and to ensure that such infor25 mation is acted on appropriately. The Director of the Peace 

26 Corps shall train all volunteers and staff about such process. 


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1 ‘‘(b) GUIDANCE.—The Director of the Peace Corps 

2 shall provide guidance to officers and employees of the Peace 

3 Corps who have access to the information reported by volun4 teers under subsection (a) in order to protect against the 

5 inappropriate disclosure of such information and ensure the 

6 safety of such volunteers. 

7 ‘‘(c) NONDISCLOSURE.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graphs (1) and (2), the Director of the Peace Corps 

10 may not— 

11 ‘‘(A) disclose any personally identifying in12 formation or personal information of a volunteer 

13 who is a victim of assault collected in connection 

14 with services requested, utilized, or denied 

15 through Peace Corps programs; or 

16 ‘‘(B) reveal such information without the 

17 informed, purpose-limited, and reasonably time18 limited consent of such volunteer about whom 

19 such information is sought. 

20 ‘‘(2) RELEASE.—If the release of information de21 scribed in paragraph (1) is authorized by statute or 

22 compelled by court order, the Director of the Peace 

23 Corps shall— 


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1 ‘‘(A) make reasonable attempts to provide 

2 notice to the volunteer with respect to whom such 

3 information is being released; and 

4 ‘‘(B) take such action as is necessary to pro5 tect the privacy and safety of such volunteer. 

6 ‘‘(3) INFORMATION SHARING.—The Director of 

7 the Peace Corps may share— 

8 ‘‘(A) nonpersonally identifying information 

9 in the aggregate regarding services to volunteers 

10 and nonpersonally identifying demographic in11 formation in order to comply with reporting, 

12 evaluation, or data collection requirements; 

13 ‘‘(B) nonpersonally identifying information 

14 that would protect the safety of volunteers; 

15 ‘‘(C) court-generated information and law16 enforcement generated information contained in 

17 secure, governmental registries for protection 

18 order enforcement purposes; and 

19 ‘‘(D) law enforcement- and prosecution-gen20 erated information necessary for law enforcement 

21 and prosecution purposes. 

22 ‘‘(d) DEFINITION.—In this section, the terms ‘person23 ally identifying information’ and ‘personal information’ 

24 mean information for or about a volunteer who is a victim 


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1 of assault, including information likely to disclose the loca2 tion of such victim, including the following: 

3 ‘‘(1) A first and last name. 

4 ‘‘(2) A home or other physical address. 

5 ‘‘(3) Contact information (including a postal, 

6 email, or Internet protocol address, or telephone or 

7 facsimile number). 

8 ‘‘(4) A social security number. 

9 ‘‘(5) Any other information, including date of 

10 birth, racial or ethnic background, or religious affili11 ation, that, in combination with paragraphs (1) 

12 through (4), would serve to identify such victim. 

13 ‘‘REPORTING REQUIREMENTS

14 ‘‘SEC. 8H. (a) ASSAULT AND SEXUAL ASSAULT.—The 

15 Director of the Peace Corps shall annually submit to the 

16 Committee on Foreign Affairs and the Committee on Ap17 propriations of the House of Representatives and the Com18 mittee on Foreign Relations and the Committee on Appro19 priations of the Senate a report summarizing information 

20 on— 

21 ‘‘(1) sexual assault against volunteers; 

22 ‘‘(2) assault against volunteers; and 

23 ‘‘(3) the annual rate of early termination of vol24 unteers, including, to the maximum extent prac25 ticable, demographic data associated with such early 

26 termination. 


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1 ‘‘(b) GAO.—Not later than one year after the date of 

2 the enactment of this section, the Comptroller General of 

3 the United States shall submit to the Committee on Foreign 

4 Affairs and the Committee on Appropriations of the House 

5 of Representatives and the Committee on Foreign Relations 

6 and the Committee on Appropriations of the Senate a re7 port evaluating the quality and accessibility of health care 

8 provided through the Department of Labor to returned vol9 unteers upon their separation from the Peace Corps. 

10 ‘‘(c) SAFETY AND SECURITY.— 

11 ‘‘(1) IN GENERAL.—The Director of the Peace 

12 Corps shall annually submit to the Committee on 

13 Foreign Affairs of the House of Representatives and 

14 the Committee on Foreign Relations of the Senate a 

15 report on the safety of Peace Corps volunteers. Each 

16 such report shall at a minimum include the following 

17 information: 

18 ‘‘(A) The incidence of crimes, together with 

19 the number of arrests, prosecutions, and incar20 cerations for every country in which volunteers 

21 serve for the preceding year. 

22 ‘‘(B) A three year trend analysis of the 

23 types and frequency of crimes committed against 

24 volunteers for every country in which the Peace 


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1 Corps has operated for at least the three pre2 ceding years. 

3 ‘‘(2) INSPECTOR GENERAL AUDIT.—Not later 

4 than two years after the date of the enactment of this 

5 section and at least once every five years thereafter 

6 (or more frequently as appropriate), the Inspector 

7 General of the Peace Corps shall perform an audit of 

8 Peace Corps implementation of safety and security 

9 protocols, including the status of any Inspector Gen10 eral findings and recommendations from previous au11 dits that have not been adequately remediated or im12 plemented. 

13 ‘‘(d) ACCESS TO COMMUNICATIONS.— 

14 ‘‘(1) IN GENERAL.—The Director of the Peace 

15 Corps, in coordination with all Country Directors, 

16 shall determine the level of access to communication, 

17 including cellular and Internet access, of each volun18 teer. 

19 ‘‘(2) REPORT.—Not later than six months after 

20 the date of the enactment of this section, the Director 

21 of the Peace Corps shall submit to the Committee on 

22 Foreign Affairs and the Committee on Appropriations 

23 of the House of Representatives and the Committee on 

24 Foreign Relations and the Committee on Appropria25 tions of the Senate a report on the costs of providing 


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1 all volunteers with access to adequate communication, 

2 including cellular service and Internet access. 

3 ‘‘(e) MONITORING AND EVALUATION.—Not later than 

4 one year after the date of the enactment of this section and 

5 annually thereafter, the Director of the Peace Corps shall 

6 submit to the Committee on Foreign Affairs and the Com7 mittee on Appropriations of the House of Representatives 

8 and the Committee on Foreign Relations and the Committee 

9 on Appropriations of the Senate a report on the monitoring 

10 and evaluation of Peace Corps programs and Country Di11 rectors, including information on the following: 

12 ‘‘(1) A description of the monitoring and evalua13 tion activities conducted in the preceding year. 

14 ‘‘(2) A forecast of the monitoring and evaluation 

15 activities planned for the subsequent year. 

16 ‘‘(3) A description of the ways in which the re17 sults of the monitoring and evaluation activities have 

18 informed the design and operation of development 

19 policies and programs during the preceding year. 

20 ‘‘PORTFOLIO REVIEWS

21 ‘‘SEC. 8I. (a) IN GENERAL.—The Director of the Peace 

22 Corps shall, at least once every three years (or more fre23 quently as appropriate), perform a review to evaluate the 

24 allocation and delivery of resources across the countries the 

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1 folio reviews shall at a minimum include the following with 

2 respect to each such country: 

3 ‘‘(1) An evaluation of the country’s commitment 

4 to the Peace Corps program. 

5 ‘‘(2) An analysis of the safety and security of 

6 volunteers. 

7 ‘‘(3) An evaluation of the country’s need for as8 sistance. 

9 ‘‘(4) An analysis of country program costs 

10 ‘‘(5) An evaluation of the effectiveness of man11 agement of each post within the country. 

12 ‘‘(6) An evaluation of the country’s congruence 

13 with the Peace Corps’ mission and strategic prior14 ities. 

15 ‘‘(b) REPORT.—The Director of the Peace Corps shall 

16 prepare a report on each portfolio review required under 

17 subsection (a). Each such report shall discuss performance 

18 measures and sources of data used (such as project status 

19 reports, volunteer surveys, impact studies, reports of the In20 spector General of the Peace Corps, and any external 

21 sources) in making each such review’s findings and conclu22 sions. The Director shall make each such report available 

23 upon request to the Chairman and Ranking Member of the 

24 Committee on Foreign Affairs of the House of Representa25 tives and the Committee on Foreign Relations of the Senate 


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1 in a manner consistent with the protection of classified in2 formation if determined necessary to protect sensitive infor3 mation.’’. 

4 SEC. 703. CONFORMING AMENDMENTS. 

5 (a) INCLUSION OF SEXUAL ASSAULT RISK-REDUCTION

6 AND RESPONSE TRAINING.—The Peace Corps Act is amend7 ed— 

8 (1) in section 5(a) (22 U.S.C. 2504(a)), in the 

9 second sentence, by inserting ‘‘(including training 

10 under section 8B)’’ after ‘‘training’’; and 

11 (2) in section 8(a) (22 U.S.C. 2507(a)), in the 

12 first sentence, by inserting ‘‘, including training 

13 under section 8B,’’ after ‘‘training’’. 

14 (b) CERTAIN SERVICES.—Section 5(e) of the Peace 

15 Corps Act (22 U.S.C. 2504(e)) is amended, in the first sen16 tence— 

17 (1) by inserting ‘‘(including, if necessary, for 

18 such volunteers and for trainees, services under sec19 tion 8C(c))’’ after ‘‘health care’’; and 

20 (2) by inserting ‘‘including services provided in 

21 accordance with section 8C(c) (except that the six22 month limitation shall not apply in the case of such 

23 services)’’ before ‘‘as the President’’. 


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1 SEC. 704. INDEPENDENCE OF THE INSPECTOR GENERAL OF 

2 THE PEACE CORPS. 

3 Section 7(a) of the Peace Corps Act (22 U.S.C. 

4 2506(a)) is amended by adding at the end the following 

5 new paragraph: 

6 ‘‘(7) The limitations specified in subparagraph (A) of 

7 paragraph (2) on the length of appointment or assignment 

8 under such paragraph, subparagraph (B) of paragraph (2) 

9 on reappointment or reassignment of an individual whose 

10 appointment or assignment under such paragraph has been 

11 terminated, and paragraph (5) on the circumstances under 

12 which an appointment or assignment under paragraph (2) 

13 may exceed five years shall not apply to— 

14 ‘‘(A) the Inspector General of the Peace Corps; 

15 and 

16 ‘‘(B) officers and employees of the Office of the 

17 Inspector General of the Peace Corps.’’. 

18 SEC. 705. AUTHORIZATION OF APPROPRIATIONS. 

19 Of the amounts authorized to be appropriated under 

20 section 911(a), there is authorized to be appropriated for 

21 the Peace Corps $375,000,000 for fiscal year 2012, of which 

22 not less than $4,637,000 is authorized to be appropriated 

23 for the Office of the Inspector General of the Peace Corps. 


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1 TITLE VIII—NUCLEAR 

2 NONPROLIFERATION 

3 SEC. 801. WITHDRAWAL FROM THE TREATY ON THE NON4 PROLIFERATION OF NUCLEAR WEAPONS. 

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

6 United States to oppose the withdrawal from the Treaty 

7 on the Non-Proliferation of Nuclear Weapons (in this sec8 tion referred to as the ‘‘Treaty’’) of any country that is a 

9 party to the Treaty and to use all political, economic, and 

10 diplomatic means at its disposal to deter, prevent, or reverse 

11 any such withdrawal from the Treaty. 

12 (b) PROHIBITION ON CERTAIN ASSISTANCE.—Notwith13 standing any other provision of law, no assistance (other 

14 than humanitarian assistance) under any provision of law 

15 may be provided to a country that has withdrawn from the 

16 Treaty on or after the date of the enactment of this Act. 

17 (c) RETURN OF ALL UNITED STATES-ORIGIN MATE18 RIALS AND EQUIPMENT.—The United States shall seek the 

19 return of any material, equipment, or components trans20 ferred under an agreement for civil nuclear cooperation that 

21 is in force pursuant to section 123 of the Atomic Energy 

22 Act of 1954 (42 U.S.C. 2153) on or after the date of the 

23 enactment of this Act, and any special fissionable material 

24 produced through the use of such material, equipment, or 


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1 components previously provided to a country that with2 draws from the Treaty. 

3 SEC. 802. PROHIBITION ON ASSISTANCE TO STATE SPON4 SORS OF PROLIFERATION OF WEAPONS OF 

5 MASS DESTRUCTION. 

6 (a) PROHIBITION ON ASSISTANCE.—The United States 

7 shall not provide any assistance under Public Law 87–195, 

8 Public Law 90–629, the Food for Peace Act, the Peace Corps 

9 Act, or the Export-Import Bank Act of 1945 to any country 

10 if the Secretary of State determines that the government of 

11 such country has repeatedly provided support for acts of 

12 proliferation of equipment, technology, or materials to sup13 port the design, acquisition, manufacture, or use of weapons 

14 of mass destruction or the acquisition or development of bal15 listic missiles to carry such weapons. 

16 (b) PUBLICATION OF DETERMINATIONS.—Each deter17 mination of the Secretary of State under subsection (a) 

18 shall be published in the Federal Register. 

19 (c) RESCISSION.—A determination of the Secretary of 

20 State under subsection (a) may not be rescinded unless the 

21 Secretary submits to the appropriate congressional commit22 tees— 

23 (1) before the proposed rescission would take ef24 fect, a report certifying that— 


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1 (A) there has been a fundamental change in 

2 the leadership and policies of the government of 

3 the country concerned; 

4 (B) the government is not supporting acts 

5 of proliferation of equipment, technology, or ma6 terials to support the design, acquisition, manu7 facture, or use of weapons of mass destruction; 

8 and 

9 (C) the government has provided assurances 

10 that it will not support such acts in the future; 

11 or 

12 (2) at least 45 days before the proposed rescission 

13 would take effect, a report justifying the rescission 

14 and certifying that— 

15 (A) the government of the country concerned 

16 has not provided any support for acts of pro17 liferation of equipment, technology, or materials 

18 to support the design, acquisition, manufacture, 

19 or use of weapons of mass destruction during the 

20 preceding 24-month period; and 

21 (B) the government has provided assurances 

22 that it will not support such acts of proliferation 

23 in the future. 

24 (d) WAIVER.—The President may waive the require25 ments of subsection (a) on a case-by-case basis if— 


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1 (1) the President determines that national secu2 rity interests or humanitarian reasons justify a waiv3 er of such requirements, except that humanitarian 

4 reasons may not be used to justify the waiver of such 

5 requirements to provide security assistance under 

6 Public Law 87–195, Public Law 90–629, or the Ex7 port-Import Bank Act of 1945; and 

8 (2) at least 15 days before the waiver takes effect, 

9 the President consults with the appropriate congres10 sional committees regarding the proposed waiver and 

11 submits to such committees a report containing— 

12 (A) the name of the recipient country; 

13 (B) a description of the national security 

14 interests or humanitarian reasons that require 

15 the waiver; 

16 (C) the type and amount of and the jus17 tification for the assistance to be provided pursu18 ant to the waiver; and 

19 (D) the period of time during which such 

20 waiver will be effective. 

21 SEC. 803. ADDITIONAL PROTOCOL AS A CRITERION FOR 

22 UNITED STATES ASSISTANCE. 

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

24 United States to ensure that each country that is a party 

25 to the Treaty on the Non-Proliferation of Nuclear Weapons 


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1 should bring into force an Additional Protocol to its safe2 guards agreement with the IAEA. 

3 (b) CRITERION FOR ASSISTANCE.—The United States 

4 shall, when considering the provision of assistance under 

5 Public Law 87–195 or Public Law 90–629 to a country 

6 that is a party to the Treaty on the Nonproliferation of 

7 Nuclear Weapons, take into consideration whether the pro8 posed recipient has in force an Additional Protocol to its 

9 safeguards agreement with the IAEA. 

10 TITLE IX—FOREIGN ASSISTANCE 

11 Subtitle A—General Provisions 

12 SEC. 901. GOALS OF UNITED STATES ASSISTANCE. 

13 (a) GOALS OF ASSISTANCE.—United States foreign as14 sistance should be designed to further the national interests 

15 of the United States by achieving the following interrelated 

16 and mutually-reinforcing goals: 

17 (1) Reduce global poverty and alleviate human 

18 suffering. 

19 (2) Advance peace and mitigate crises. 

20 (3) Support human rights and democracy. 

21 (4) Build and reinforce strategic partnerships. 

22 (5) Combat transnational threats. 

23 (6) Sustain the global environment. 

24 (7) Expand prosperity through trade and invest25 ment. 


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1 (b) FINDINGS.—Congress makes the following findings: 

2 (1) In December 2007, the United States Govern3 ment’s Commission on Helping to Enhance the Lives 

4 of Poor People Around the Globe, also known as the 

5 ‘‘HELP Commission,’’ reported that sustained eco6 nomic growth is vital and necessary for a country to 

7 feed, educate, house and provide for the health of its 

8 citizens over the long term and that ‘‘foreign assist9 ance alone is not sufficient to help developing coun10 tries achieve long-term, sustainable economic growth’’. 

11 (2) Private sector-led trade and investment are 

12 fundamental components of economic development 

13 and growth. 

14 (3) The United States Agency for International 

15 Development’s Global Development Alliance program 

16 characterizes the rising importance of private re17 sources and private actors as development tools in an 

18 expanding and more integrated globalized economy, 

19 aligning public resources with private capital through 

20 the establishment of public-private partnerships for 

21 the economic advancement of impoverished countries. 

22 (4) In an increasingly interdependent world, the 

23 health, prosperity, freedom, and security of the people 

24 of the United States are strengthened when the people 

25 of all countries can enjoy these same advantages. 


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1 (5) United States foreign assistance should be de2 signed to help build the capacity of other countries to 

3 meet the needs of their people and to conduct them4 selves responsibly in the international system. 

5 (6) Foreign assistance is not only a reflection of 

6 the values, generosity, and goodwill of the people of 

7 the United States, but also an essential means for 

8 achieving United States foreign policy, economic, and 

9 national security objectives. 

10 (c) STATEMENT OF POLICY.—It shall be the policy of 

11 the United States to— 

12 (1) help build and sustain an international com13 munity composed of states that meet basic human 

14 needs, resolve conflicts peacefully, respect fundamental 

15 human rights, cooperate to address issues that tran16 scend national boundaries, use wisely the world’s lim17 ited resources in a sustainable manner, and work to18 ward the achievement of economic well-being for all 

19 people; 

20 (2) emphasize the development of innovative 

21 partnerships between governments and organizations 

22 in the private sector (including corporations, founda23 tions, universities, faith-based organizations, and 

24 other nongovernmental organizations) in the ap25 proach to and distribution of foreign assistance; and 


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1 (3) focus United States assistance programs on 

2 achieving sustainable economic growth and grad3 uating United States aid recipients into a trade-based 

4 relationship with the United States. 

5 SEC. 902. GUIDELINES FOR UNITED STATES FOREIGN AS6 SISTANCE PROGRAMS. 

7 (a) PURPOSE.—The purpose of this section is to evalu8 ate the performance of United States foreign assistance pro9 grams and their contribution to policy, strategies, projects, 

10 program goals, and priorities undertaken by the Federal 

11 Government, to foster and promote innovative programs to 

12 improve the effectiveness of such programs, and to coordi13 nate the monitoring and evaluation processes of Federal de14 partments and agencies that administer such programs. 

15 (b) ESTABLISHMENT OF GUIDELINES.—The President, 

16 in consultation with the Secretary of State, the Adminis17 trator of the United States Agency for International Devel18 opment, the head of the Millennium Challenge Corporation, 

19 and the Secretary of Defense, shall establish guidelines re20 garding the establishment of measurable goals, performance 

21 metrics, and monitoring and evaluation plans that can be 

22 applied on a uniform basis to United States foreign assist23 ance programs, country assistance plans, and international 

24 and multilateral assistance programs receiving financial 

25 assistance from the United States. Such guidelines shall be 


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1 established according to best practices of monitoring and 

2 evaluation studies and analyses. 

3 (c) OBJECTIVES OF GUIDELINES.— 

4 (1) IN GENERAL.—Such guidelines shall provide 

5 direction to Federal departments and agencies that 

6 administer United States foreign assistance programs 

7 on how to develop the complete range of activities re8 lating to the monitoring of resources, the evaluation 

9 of projects, the evaluation of program impacts, and 

10 analysis that is necessary for the identification of 

11 findings, generalizations that can be derived from 

12 those findings, and their applicability to proposed 

13 project and program design. 

14 (2) OBJECTIVES.—Specifically, the guidelines 

15 shall provide direction on how to achieve the following 

16 objectives for monitoring and evaluation programs: 

17 (A) Building measurable goals, performance 

18 metrics and monitoring and evaluation into pro19 gram design at the outset, including the provi20 sion of sufficient program resources to conduct 

21 monitoring and evaluation. 

22 (B) Disseminating guidelines for the devel23 opment and implementation of monitoring and 

24 evaluation programs to all personnel, especially 

25 in the field, who are responsible for the design, 


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1 implementation and management of foreign as2 sistance programs. 

3 (C) Developing a clearinghouse capacity for 

4 the dissemination of knowledge and lessons 

5 learned to United States development profes6 sionals, implementing partners, the inter7 national aid community, and aid recipient gov8 ernments, and as a repository of knowledge on 

9 lessons learned. 

10 (D) Distributing monitoring and evaluation 

11 reports internally and making this material 

12 available online to the public. Furthermore, pro13 viding a summary including a description of 

14 methods, key findings and recommendations to 

15 the public on-line in a fully searchable form 

16 within 90 days after the completion of the eval17 uation. Principled exceptions will be made in 

18 cases of classified or proprietary material. 

19 (E) Establishing annual monitoring and 

20 evaluation agendas and objectives that are re21 sponsive to policy and programmatic priorities. 

22 (F) Applying rigorous monitoring and eval23 uation methodologies, choosing from among a 

24 wide variety of qualitative and quantitative 


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1 methods common in the field of social scientific 

2 inquiry. 

3 (G) Partnering with the academic commu4 nity, implementing partners, and national and 

5 international institutions that have expertise in 

6 monitoring and evaluation and analysis when 

7 such partnerships will provide needed expertise 

8 or will significantly improve the evaluation and 

9 analysis. 

10 (H) Developing and implementing a train11 ing plan for aid personnel on the proper conduct 

12 of monitoring and evaluation programs. 

13 (d) ROLE OF OTHER FEDERAL DEPARTMENTS AND

14 AGENCIES.—The head of each Federal department and 

15 agency that administers United States foreign assistance 

16 programs shall implement such guidelines. 

17 (e) EVALUATION DEFINED.—In this section, the term 

18 ‘‘evaluation’’ means, with respect to a United States foreign 

19 assistance program, the systematic collection and analysis 

20 of information about the characteristics and outcomes of the 

21 program and projects under the program as a basis for 

22 judgments, to improve effectiveness, and to inform decisions 

23 about current and future programming. 


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1 SEC. 903. REPORT. 

2 Not later than one year after the date of the enactment 

3 of this Act, the Administrator shall submit to the appro4 priate congressional committees a report that contains a de5 tailed description of the guidelines that have been developed 

6 on measurable goals, performance metrics, and monitoring 

7 and evaluation plans established under section 902 for 

8 United States foreign assistance programs. 

9 Subtitle B—Authorizations of 

10 Appropriations 

11 SEC. 911. BILATERAL ECONOMIC ASSISTANCE. 

12 (a) IN GENERAL.—Not more than $21,207,400,000 is 

13 authorized to be appropriated to the President for ‘‘Bilat14 eral Economic Assistance’’ for fiscal year 2012. 

15 (b) DEVELOPMENT CREDIT AUTHORITY.— 

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

17 Congress that— 

18 (A) access to financial services for under19 served populations and sectors in developing 

20 countries is essential to expanding economic op21 portunities for poor households and small busi22 nesses to build assets and invest in enterprise de23 velopment and growth; and 

24 (B) the Development Credit Authority, 

25 through the issuance of partial loan guarantees, 

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1 stering microenterprise development in impover2 ished countries by reducing the risk of private 

3 investors and financial institutions that invest 

4 in underserved sectors or creditworthy borrowers 

5 that otherwise would not qualify for such loans. 

6 (2) LIMITATION ON AUTHORIZATION OF APPRO7 PRIATIONS.—Of the amounts authorized to be appro8 priated under subsection (a), not more than 

9 $8,300,000 is authorized to be appropriated to the 

10 President for administrative expenses to carry out 

11 credit programs administered by the United States 

12 Agency for International Development for fiscal year 

13 2012. 

14 (c) MILLENNIUM CHALLENGE CORPORATION.— 

15 (1) LIMITATION ON AUTHORIZATION OF APPRO16 PRIATIONS.—Of the amounts authorized to be appro17 priated under subsection (a), not more than 

18 $900,000,000 is authorized to be appropriated to the 

19 President for necessary expenses to carry out the pro20 visions of the Millennium Challenge Act of 2003 for 

21 fiscal year 2012. 

22 (2) MAINTAINING CANDIDATE STATUS FOR PUR23 POSES OF INCOME CATEGORY.—Section 606 of the 

24 Millennium Challenge Act of 2003 (22 U.S.C. 7705) 

25 is amended— 


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1 (A) by redesignating subsection (c) as sub2 section (d); and 

3 (B) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) MAINTAINING CANDIDATE STATUS.—Any can6 didate country whose per capita income changes in a given 

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

8 ‘low income’ or ‘lower middle income’ changes, should re9 tain its candidacy at the former income category only for 

10 the year of such transition.’’. 

11 (d) DEMOCRACY FUND.—Of the amounts authorized to 

12 be appropriated under subsection (a), not more than 

13 $115,000,000 is authorized to be appropriated to the Presi14 dent for necessary expenses to carry out the provisions of 

15 the Foreign Assistance Act of 1961 for the promotion of de16 mocracy globally for fiscal year 2012. 

17 SEC. 912. UNITED STATES AGENCY FOR INTERNATIONAL 

18 DEVELOPMENT. 

19 Not more than $1,521,900,000 is authorized to be ap20 propriated to the President for ‘‘Operating Expenses’’, 

21 ‘‘Capital Investment Fund’’, and ‘‘Office of Inspector Gen22 eral’’ of the United States Agency for International Devel23 opment for fiscal year 2012. 


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1 SEC. 913. NONPROLIFERATION, ANTITERRORISM, AND 

2 DEMINING. 

3 Not more than $708,540,000 is authorized to be appro4 priated to the President for nonproliferation, antiterrorism, 

5 and demining programs for fiscal year 2012. 

6 SEC. 914. INTERNATIONAL NARCOTICS CONTROL AND LAW 

7 ENFORCEMENT. 

8 Not more than $1,597,000,000 is authorized to be ap9 propriated to the President for international narcotics con10 trol and law enforcement programs for fiscal year 2012. 

11 SEC. 915. PARTNERSHIPS BETWEEN BUSINESSES AND 

12 POSTSECONDARY EDUCATIONAL INSTITU13 TIONS IN AFRICA. 

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

15 (1) There is a growing need in developing coun16 tries in Africa to educate and properly train future 

17 business leaders in such a way to help them adapt to 

18 the demanding complexities of leadership. 

19 (2) This growing need has led to the call for Af20 rica to develop and train the next generation of lead21 ers that will bring Africa forward into a peaceful and 

22 prosperous new century and ensure that democracy 

23 lasts across the continent. 

24 (3) One of the ways to help train the next gen25 eration of leaders is through entrepreneurial edu26 cation, entrepreneurship may be one of the most imVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 portant channels through which education raises eco2 nomic productivity. 

3 (4) All youth should be provided with the access 

4 to any and all opportunities to develop skills, atti5 tudes, and abilities that are needed in later life that 

6 can lead to entrepreneurship and leadership. 

7 (5) One of the goals of educators should be to 

8 train students to become self-employed after gradua9 tion and produce the goods and services that are need10 ed locally, thereby initiating significant internal eco11 nomic activity. 

12 (6) It is important that the youth be assisted to 

13 achieve higher levels of access and entry into the econ14 omy as potentially self-employed people since there 

15 are simply not enough employment opportunities 

16 within the private and public sectors for them all. 

17 (7) Business and management education is espe18 cially critical in Africa where, in the face of huge 

19 shortages in both the private and public sectors, only 

20 50 business schools exist to serve nearly 800 million 

21 people, compared with 1,000 business schools in India 

22 and 1,200 in the United States. 

23 (8) While many institutions in Africa do offer a 

24 business certificate/degree, the training can lack cer25 tain practical elements, which makes it difficult for 


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1 graduates to readily apply their skills in the real2 world. 

3 (9) Educational institutions are not rapidly re4 sponding to this urgent challenge. 

5 (b) PARTNERSHIPS BETWEEN BUSINESSES AND POST6 SECONDARY EDUCATIONAL INSTITUTIONS IN AFRICA.— 

7 Chapter 1 of part I of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2151 et seq.) is amended by inserting after sec9 tion 105 the following new section: 

10 ‘‘SEC. 105A. ASSISTANCE TO ESTABLISH PARTNERSHIPS BE11 TWEEN BUSINESSES AND POSTSECONDARY 

12 EDUCATIONAL INSTITUTIONS IN DEVEL13 OPING COUNTRIES IN AFRICA. 

14 ‘‘(a) ASSISTANCE AUTHORIZED.—The President, act15 ing through the Administrator of the United States Agency 

16 for International Development, is authorized to provide as17 sistance, on such terms and conditions as the President may 

18 determine, to establish partnerships between businesses and 

19 postsecondary educational institutions in developing coun20 tries in Africa to further the education and entrepreneur21 ship skills of students at such institutions in order to in22 crease economic freedom and competitiveness, promote civil 

23 society, and improve the quality of life in such countries. 


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1 ‘‘(b) ACTIVITIES SUPPORTED.—Assistance provided 

2 under subsection (a) shall, to the maximum extent prac3 ticable, be used to— 

4 ‘‘(1) enable students at postsecondary edu5 cational institutions in developing countries in Africa 

6 to practice in the field what they are learning in the 

7 classroom and thereby acquire relevant business and 

8 management experience; 

9 ‘‘(2) provide opportunities for individuals in de10 veloping countries in Africa who are unable to receive 

11 a formal education to benefit from the transfer of 

12 knowledge and skills by students described in para13 graph (1); and 

14 ‘‘(3) carry out other appropriate activities, in15 cluding— 

16 ‘‘(A) training students described in para17 graph (1) and faculty to build sustainable pro18 grams; 

19 ‘‘(B) institutionalizing and promoting sus20 tainability of program leadership; 

21 ‘‘(C) supporting the launch and develop22 ment of new in-country operations; 

23 ‘‘(D) investing in other United States as24 sistance programs for long-term sustainability 

25 and support of African programs; and 


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1 ‘‘(E) demonstrating results and sharing best 

2 practices. 

3 ‘‘(c) REPORT.—The President shall transmit to Con4 gress a report on the implementation of this section for each 

5 of the fiscal years 2012 through 2016. The report shall in6 clude an assessment of the impact of the assistance provided 

7 under subsection (a) and an analysis of the extent to which 

8 such assistance could be provided in other regions of the 

9 world.’’. 

10 Subtitle C—Prohibitions on 

11 Assistance 

12 PART I—GENERAL PROVISIONS 

13 SEC. 921. COUNTRIES THAT FAIL TO MEET MCC’S CORRUP14 TION PERFORMANCE INDICATOR. 

15 (a) RESTRICTION.—Except as provided in subsection 

16 (b), no United States economic or development assistance 

17 authorized to be appropriated by this Act or any amend18 ment made by this Act may be provided to the government 

19 of a country that does not meet the corruption performance 

20 indicator of the Millennium Challenge Corporation used for 

21 purposes of determining eligibility for assistance under the 

22 Millennium Challenge Act of 2003. 

23 (b) WAIVER.—The President may waive the restriction 

24 on assistance under subsection (a) on a case-by-case basis 

25 for a period of not more than 6 months if— 


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1 (1) the President determines that such a waiver 

2 is important to the national security interests of 

3 United States; and 

4 (2) the President provides to the appropriate 

5 congressional committees at least 15 days prior to ex6 ercising the waiver a report on concrete steps that the 

7 recipient country has undertaken to meet the corrup8 tion benchmarks and on United States implementa9 tion and enforcement of end-use monitoring mecha10 nisms in the country to ensure United States assist11 ance provided is being used as intended. 

12 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE13 FINED.—In this section, the term ‘‘appropriate congres14 sional committees’’ means— 

15 (1) the Committee on Foreign Affairs and the 

16 Committee on Appropriations of the House of Rep17 resentatives; and 

18 (2) the Committee on Foreign Relations and the 

19 Committee on Appropriations of the Senate. 

20 SEC. 922. FOREIGN ORGANIZATIONS THAT PROMOTE OR 

21 PERFORM ABORTION. 

22 None of the funds authorized to be appropriated by this 

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

24 available to any foreign nongovernmental organization that 

25 promotes or performs abortion, except in cases of rape or 


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1 incest or when the life of the mother would be endangered 

2 if the fetus were carried to term. 

3 SEC. 923. DEVELOPMENT INNOVATION VENTURES PRO4 GRAM. 

5 (a) PROHIBITION.—No funds available to the United 

6 States Agency for International Development (USAID) 

7 may be used to carry out the Development Innovation Ven8 tures (DIV) program or any successor program. 

9 (b) EFFECTIVE DATE.—This section shall take effect 

10 on the date of the enactment of this Act and shall apply 

11 with respect to funds available to USAID for the DIV pro12 gram or any successor program that are made available on 

13 or after such date of enactment. 

14 SEC. 924. COUNTRIES THAT OPPOSE THE POSITION OF THE 

15 UNITED STATES IN THE UNITED NATIONS. 

16 (a) PROHIBITION.—None of the funds authorized to be 

17 appropriated by this Act or any amendment made by this 

18 Act may be provided as bilateral economic assistance to a 

19 foreign government that opposed the position of the United 

20 States in the United Nations. 

21 (b) DEFINITIONS.—In this section— 

22 (1) the term ‘‘opposed the position of the United 

23 States’’ means, in the case of a country, that the 

24 country’s recorded votes in the United Nations Gen25 eral Assembly during the most recent session of the 


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1 General Assembly and, in the case of a country which 

2 is a member of the United Nations Security Council, 

3 the country’s recorded votes both in the Security 

4 Council and the General Assembly during the most 

5 recent session of the General Assembly, were the same 

6 as the position of the United States less than 50 per7 cent of the time, using for this purpose a comparison 

8 of the recorded vote cast by each member country with 

9 the recorded vote cast by the United States, as de10 scribed in the annual report submitted to Congress 

11 pursuant to section 406 of the Foreign Relations Au12 thorization Act, Fiscal Years 1990 and 1991; and 

13 (2) the term ‘‘most recent session of the General 

14 Assembly’’ means the most recently completed plenary 

15 session of the General Assembly for which a compari16 son of the vote cast by each member country with the 

17 vote cast by the United States is described in the most 

18 recent report submitted to Congress pursuant to sec19 tion 406 of the Foreign Relations Authorization Act, 

20 Fiscal Years 1990 and 1991. 

21 (c) WAIVER.—The President may waive the require22 ments in subsection (a) on a case-by-case basis if the Presi23 dent determines and certifies to the appropriate congres24 sional committees not less than 15 days prior to the exercise 

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1 ity is important to the national interests of the United 

2 States. 

3 SEC. 925. SUPPORT FOR ACTIVITIES OF THE GLOBAL CLI4 MATE CHANGE INITIATIVE. 

5 None of the funds authorized to be appropriated by this 

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

7 available to support activities of the Global Climate Change 

8 Initiative. 

9 SEC. 926. TRILATERAL ASSISTANCE PROGRAM. 

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

11 (1) During fiscal years 2009 and 2010, the 

12 United States Agency for International Development 

13 provided the Government of South Africa with 

14 $2,500,000 to support the Trilateral Assistance Pro15 gram, a program through which the Government of 

16 South Africa provides technical assistance to third 

17 countries in Africa. 

18 (2) $1,500,000 was requested for fiscal year 2011 

19 and $1,530,000 has been requested for fiscal year 

20 2012. 

21 (3) South Africa has been recognized, along with 

22 Brazil, Russia, India, and China, as having one of 

23 the world’s largest, rapidly growing economies and 

24 has become a donor nation. 


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1 (4) Further, while South Africa still faces enor2 mous development challenges, including one of the 

3 highest HIV/AIDS infections rates in the world, this 

4 funding is not used to support development programs 

5 within South Africa. 

6 (5) Using the Government of South Africa as a 

7 pass-through for foreign assistance made available 

8 through the generosity of the American taxpayer di9 minishes the public diplomacy value of this assistance 

10 for the United States, while enhancing South Africa’s 

11 own standing in the region. 

12 (6) In a time of domestic financial crisis, contin13 ued support for the Trilateral Assistance Program 

14 cannot continue. 

15 (b) PROHIBITION.—None of the funds authorized to be 

16 appropriated under section 911(a) may be used to support 

17 the Trilateral Assistance Program in South Africa. 

18 PART II—COUNTRY AND ORGANIZATION19 SPECIFIC PROVISIONS 

20 SEC. 931. LIMITATION ON ASSISTANCE TO ARGENTINA, VEN21 EZUELA, NICARAGUA, ECUADOR, AND BO22 LIVIA. 

23 None of the funds authorized to be appropriated under 

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1 ments of Argentina, Venezuela, Nicaragua, Ecuador, or Bo2 livia. 

3 SEC. 932. MUSLIM BROTHERHOOD. 

4 The Secretary of State may not use any funds made 

5 available under this Act for direct or indirect assistance to 

6 the Muslim Brotherhood. 

7 SEC. 933. PALESTINIAN AUTHORITY. 

8 Chapter 1 of part III of the Foreign Assistance Act 

9 of 1961 is amended— 

10 (1) by redesignating the second section 620J (as 

11 added by section 651 of Public Law 110–161) as sec12 tion 620M; and 

13 (2) by adding at the end the following: 

14 ‘‘SEC. 620N. LIMITATION ON ASSISTANCE TO THE PALES15 TINIAN AUTHORITY. 

16 ‘‘(a) LIMITATION.—Funds may not be provided under 

17 this Act to the Palestinian Authority except during a period 

18 for which a certification described in subsection (b) is in 

19 effect. 

20 ‘‘(b) CERTIFICATION.—Not later than 60 days after the 

21 date of the enactment of this Act, and every 180 days there22 after— 

23 ‘‘(1) the President shall certify in writing, to the 

24 Speaker of the House of Representatives, the President 

25 pro tempore of the Senate, and the Committees on 


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1 Foreign Affairs of the House of Representatives and 

2 Foreign Relations of the Senate that leaders of the 

3 Palestinian Authority or any caretaker or follow-on 

4 government have not unilaterally declared independ5 ence in 2011 or thereafter, are engaged in peace nego6 tiations with the State of Israel, and are not pur7 suing recognition of Palestinian statehood at the 

8 United Nations; or 

9 ‘‘(2) if the President is unable to make such a 

10 certification, the President shall transmit to the indi11 viduals and committees described in paragraph (1) a 

12 report that contains the reasons therefor. 

13 ‘‘(c) WAIVER.—The President may waive subsection 

14 (a) if— 

15 ‘‘(1) the President determines that it is vital to 

16 the national security interest of the United States to 

17 do so; and 

18 ‘‘(2) the President transmits to the individuals 

19 and committees described in subsection (b)(1) a report 

20 detailing— 

21 ‘‘(A) the justification for the waiver, the 

22 purposes for which the funds for the Palestinian 

23 Authority will be spent, and the reasons the 

24 President is unable to make the certification con25 tained in subsection; and 


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1 ‘‘(B) the steps the Palestinian Authority has 

2 taken to arrest terrorists, confiscate weapons, 

3 dismantle terrorist infrastructure, halt incite4 ment, and to promote peace with the Jewish 

5 state of Israel.’’. 

6 SEC. 934. SRI LANKA. 

7 (a) LIMITATION.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), none of the funds made available to carry 

10 out this Act may be used to provide assistance to Sri 

11 Lanka unless a certification described in subsection 

12 (b) is in effect. 

13 (2) EXCEPTION.—The limitation on funds under 

14 paragraph (1) shall not apply with respect to democ15 racy and governance assistance, humanitarian assist16 ance, and assistance for demining activities. 

17 (b) CERTIFICATION.—A certification described in this 

18 subsection is a certification submitted by the Secretary of 

19 State to the appropriate congressional committees that con20 tains a determination of the Secretary of State that the 

21 Government of Sri Lanka is making demonstrable progress 

22 in the following areas: 

23 (1) Accountability for those involved in viola24 tions of human rights and war crimes at the end of 

25 Sri Lanka’s civil war in May 2009, including by any 


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1 remaining members of the Liberation Tigers of Tamil 

2 Eelam (LTTE). 

3 (2) Reconciliation, including — 

4 (A) the establishment of a mechanism to ac5 count for events that occurred at the end of the 

6 civil war; 

7 (B) information from the government on 

8 what happened to those missing at the end of the 

9 civil war; and 

10 (C) expeditious release of those remaining 

11 in detention. 

12 (3) Withdrawal of emergency regulations. 

13 (4) An improved climate for freedom of the press 

14 throughout the country. 

15 (c) WAIVER.—The Secretary of State may waive the 

16 limitation on funds under subsection (a) on a case-by-case 

17 basis if the Secretary determines that it is in the national 

18 interests of the United States to do so. 

19 SEC. 935. FORMER YUGOSLAV REPUBLIC OF MACEDONIA. 

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

21 (1) Greece has demonstrated an enormous good 

22 will gesture in agreeing that ‘‘Macedonia’’ may be in23 cluded in the future name of the Former Yugoslav Re24 public of Macedonia (FYROM) as long as that term 

25 is combined with a geographic qualifier that makes it 


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1 clear that there are no territorial ambitions on the 

2 part of the FYROM with regard to the historical 

3 boundaries of the Greek province of Macedonia. 

4 (2) The FYROM continues to utilize materials 

5 that violate provisions of the United Nations-brokered 

6 Interim Agreement between the FYROM and Greece 

7 regarding incendiary rallies, rhetoric, or propaganda, 

8 and United Nations-led negotiations between the 

9 FYROM and Greece have so far failed to achieve the 

10 longstanding goals of the United States and the 

11 United Nations to find a mutually acceptable, new of12 ficial name for the FYROM. 

13 (b) SENSE OF CONGRESS.—It is the sense of Congress 

14 that all United States assistance to the FYROM should be 

15 conditioned on the FYROM’s willingness to engage in 

16 meaningful discussions with Greece in accordance with 

17 United Nations Security Council Resolution 817. 

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

19 funds authorized to be appropriated under this Act for pro20 grams and activities that directly or indirectly promote in21 cendiary rallies, rhetoric, or propaganda by state-controlled 

22 agencies of the FYROM or encourage acts by private entities 

23 likely to incite violence, hatred, or hostility, including sup24 port for printing and publishing of textbooks, maps, and 


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1 teaching aids that may include inaccurate information on 

2 the histories and geographies of Greece and FYROM. 

3 Subtitle D—Administrative 

4 Provisions 

5 SEC. 941. TRANSFER OF LIQUIDATED ASSETS OF CERTAIN 

6 ENTERPRISE FUNDS TO THE UNITED STATES 

7 TREASURY. 

8 (a) TRANSFER OF LIQUIDATED ASSETS.—The Presi9 dent, acting through the Administrator of the United States 

10 Agency for International Development, should transfer to 

11 the Treasury of the United States for purposes of payment 

12 on the public debt not less than 50 percent of all assets from 

13 the liquidation, dissolution, or winding up of each Enter14 prise Fund described in subsection (b). 

15 (b) ENTERPRISE FUNDS DESCRIBED.—The Enterprise 

16 Funds described in this subsection are the following: 

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

18 Western Newly Independent States Enterprise Fund 

19 established pursuant to section 498b(c) of the Foreign 

20 Assistance Act of 1961 (22 U.S.C. 2295b(c)). 

21 (2) The Baltic-American Enterprise Fund estab22 lished pursuant to section 201 of the Support for East 

23 European Democracy (SEED) Act of 1989 (22 U.S.C. 

24 5421). 


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1 (3) The South African Enterprise Development 

2 Fund established pursuant to sections 496 and 635(b) 

3 of the Foreign Assistance Act of 1961. 

4 SEC. 942. LIMITATION ON FUNDS FOR USAID’S OFFICE OF 

5 BUDGET AND RESOURCE MANAGEMENT. 

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

7 budget resources with United States foreign assistance stra8 tegic priorities and objectives, to establish clearer lines of 

9 authority and enhance accountability between agencies, to 

10 reduce replication of foreign assistance programs, and to 

11 ensure better efficiency and effectiveness of United States 

12 foreign assistance programs, it shall be the policy of the 

13 United States to vest budget authorities and policy plan14 ning for all United States foreign assistance within one of15 fice at the Department of State that shall complete the Fed16 eral budgets for both the Department of State and the 

17 United States Agency for International Development. 

18 (b) OFFICE OF BUDGET AND RESOURCE MANAGE19 MENT.—None of the funds authorized to be appropriated by 

20 this Act or any amendment made by this Act may be used 

21 to support the costs of maintaining the Office of Budget 

22 and Resource Management of the United States Agency for 

23 International Development. 

24 (c) REPORT.— 


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

2 the date of the enactment of this Act, the President 

3 shall submit to Congress a report that contains a fea4 sibility study and strategy— 

5 (A) to eliminate duplicative bureaus, offices, 

6 and positions, including an assessment and rec7 ommendations for the elimination of special en8 voys and special representatives; and 

9 (B) to consolidate such bureaus, offices, and 

10 positions, as necessary and appropriate, in a 

11 manner which maximizes efficiency and effec12 tiveness of United States foreign policy and as13 sistance. 

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

15 shall include a cost estimate for the establishment of 

16 additional bureaus and offices of the Department of 

17 State and the United States Agency for International 

18 Development, as requested by the Secretary of State 

19 in the most recent Quadrennial Diplomacy and De20 velopment Review, with any cost offsets created by the 

21 elimination of existing bureaus, offices, and positions. 

22 SEC. 943. LIMITATION ON USAID TRAINING CONTRACTS 

23 UNDER THE MERIDA INITIATIVE. 

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


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1 (1) In 2007, the United States and Mexico an2 nounced the Merida Initiative, a multi-year partner3 ship to fight organized crime and associated violence 

4 while furthering respect for human rights and the rule 

5 of law in the region. 

6 (2) One of the Merida Initiative’s four primary 

7 goals is to improve the capacity of justice systems in 

8 the region. 

9 (3) In April 2009, USAID/Mexico awarded a 3- 

10 year, $44.1 million cost-type contract to Management 

11 Systems International (MSI) to work with Mexican 

12 state and federal justice institutions to strengthen 

13 their capacity to improve transparency, public over14 sight, and public accountability, and better serve 

15 Mexican citizens under the new constitutional reforms 

16 that shape the police and criminal procedure codes. 

17 (4) A January 2011 USAID Office of the Inspec18 tor General audit determined that the contract mecha19 nism that USAID/Mexico used to award the task 

20 order to MSI was not in accordance with procure21 ment regulations, USAID/Mexico’s technical officers 

22 responsible for the rule of law projects have not effec23 tively carried out all their responsibilities in accord24 ance with USAID policy and internal mission orders, 

25 USAID/Mexico’s contractor has not developed systems 


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1 for evaluating the effectiveness of the training it deliv2 ers, and USAID/Mexico’s reported numbers of bene3 ficiaries trained are not accurate. 

4 (b) LIMITATION.—Notwithstanding any other provi5 sion of law, the Administrator of the United States Agency 

6 for International Development, in awarding contracts dur7 ing a fiscal year to procure training services as part of the 

8 Merida Initiative, may not award more than 50 percent 

9 of the dollar amount of the contracts to one company. 

10 (c) MERIDA INITIATIVE DEFINED.—In this section, the 

11 term ‘‘Merida Initiative’’ means the program announced by 

12 the United States and Mexico on October 22, 2007, to fight 

13 illicit narcotics trafficking and criminal organizations 

14 throughout the Western Hemisphere. 

15 SEC. 944. INTERNET WEBSITE TO MAKE PUBLICLY AVAIL16 ABLE COMPREHENSIVE, TIMELY, COM17 PARABLE, AND ACCESSIBLE INFORMATION 

18 ON UNITED STATES FOREIGN ASSISTANCE 

19 PROGRAMS. 

20 (a) ESTABLISHMENT; PUBLICATION AND UPDATES.— 

21 Not later than 2 years after the date of the enactment of 

22 this Act, the President shall establish and maintain an 

23 Internet website to make publicly available comprehensive, 

24 timely, comparable, and accessible information on United 

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1 eral department or agency that administers such programs 

2 shall on a regular basis publish and update on the website 

3 such information with respect to the programs of the de4 partment or agency. 

5 (b) MATTERS TO BE INCLUDED.— 

6 (1) IN GENERAL.—Such information shall be 

7 published on a detailed program-by-program basis 

8 and country-by-country basis. 

9 (2) TYPES OF INFORMATION.—To ensure trans10 parency, accountability, and effectiveness of United 

11 States foreign assistance programs, the information 

12 shall include country assistance strategies, annual 

13 budget documents, congressional budget justifications, 

14 and reports and evaluations for such programs and 

15 projects under such programs. Each type of informa16 tion described in this paragraph shall be published on 

17 the website not later than 30 days after the date of 

18 issuance of the information and shall be continuously 

19 updated. 

20 (c) SCOPE OF INFORMATION.—The website shall con21 tain such information relating to the current fiscal year 

22 and the immediately preceding 5 fiscal years. The website 

23 shall also contain a link to a searchable database available 

24 to the public containing such information relating to fiscal 

25 years prior to such immediately preceding 5 fiscal years. 


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1 (d) FORM.—Such information shall be published on 

2 the website in unclassified form. Any information deter3 mined to be classified information may be submitted to 

4 Congress in classified form and an unclassified summary 

5 of such information shall be published on the website. 

6 Subtitle E—Reports and Other 

7 Matters 

8 SEC. 951. REPORT ON AID COMMITMENTS AND DISBURSE9 MENTS BY OTHER DONORS AND INTER10 NATIONAL ORGANIZATIONS. 

11 Section 634 of the Foreign Assistance Act of 1961 (22 

12 U.S.C. 2394) is amended— 

13 (1) in subsection (a)— 

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

15 by striking ‘‘Chairman of the Development Co16 ordination Committee’’ and insert ‘‘President’’; 

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

18 (C) by redesignating paragraphs (8) 

19 through (12) as paragraphs (6) through (10), re20 spectively; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(c) REPORT REQUIRED.— 

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

25 to the appropriate congressional committees, at such 


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1 time that the President submits the annual budget re2 quest under section 1105 of title 31, United States 

3 Code, a report providing the most up-to-date and de4 tailed information on aid commitments and disburse5 ments by other donors and international organiza6 tions to countries and regions for which the President 

7 is seeking United States assistance funds. 

8 ‘‘(2) USE OF READILY AVAILABLE RESOURCES

9 AND STATISTICS.—In carrying out this subsection, the 

10 President shall utilize all readily available resources 

11 and statistics, including information provided by 

12 such organizations as the Development Assistance 

13 Committee (DAC) of the Organization for Economic 

14 Cooperation and Development (OECD). 

15 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES

16 DEFINED.—In this subsection, the term ‘appropriate 

17 congressional committees’ means— 

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

19 the House of Representatives; and 

20 ‘‘(B) the Committee on Foreign Relations of 

21 the Senate.’’. 


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1 SEC. 952. REPORTS ON FINANCIAL DISCLOSURE OF CER2 TAIN ORGANIZATIONS AND BUSINESSES 

3 THAT RECEIVE UNITED STATES FOREIGN AS4 SISTANCE FUNDING. 

5 (a) PURPOSE.—The purpose of this section is to 

6 strengthen the capacity, transparency, and accountability 

7 of United States foreign assistance programs to steward 

8 American tax dollars wisely in effectively adapting and re9 sponding to new challenges of the 21st century. 

10 (b) REPORTS.—The Administrator of the United 

11 States Agency for International Development shall require 

12 any organization or business that receives more than 50 

13 percent of its funding from the United States Government 

14 under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 

15 et seq.) for any fiscal year to submit to the United States 

16 Agency for International Development a report that con17 tains the names and all forms of compensation paid by the 

18 organization or business to the 5 most highly-compensated 

19 employees of the organization or business. 

20 (c) PUBLIC DISCLOSURE.—The Administrator of the 

21 United States Agency for International Development shall 

22 make the reports submitted under subsection (b) publicly 

23 accessible on the website of the Agency. 


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1 SEC. 953. STATEMENT OF POLICY AND REPORT ON SEX-SE2 LECTION ABORTION. 

3 (a) STATEMENT OF POLICY.—It shall be the policy of 

4 the United States to declare sex-selection abortion a human 

5 rights violation. 

6 (b) HUMAN RIGHTS REPORTS.— 

7 (1) SECTION 116 REPORT.—Section 116 of the 

8 Foreign Assistance Act of 1961 (22 U.S.C. 2151n), as 

9 amended by section 503 of this Act, is further amend10 ed by adding at the end the following: 

11 ‘‘(h) SEX-SELECTION ABORTION.—The report required 

12 by subsection (d) of this section shall include, wherever ap13 plicable, systematic assessments and conclusions of the ex14 tent and nature of sex-selection abortion in each foreign 

15 country.’’. 

16 (2) SECTION 502B REPORT.—Section 502B of the 

17 Foreign Assistance Act of 1961 (22 U.S.C. 2304), as 

18 amended by section 503 of this Act, is further amend19 ed by adding at the end the following: 

20 ‘‘(k) SEX-SELECTION ABORTION.—The report required 

21 by subsection (b) of this section shall include, wherever ap22 plicable, systematic assessments and conclusions of the ex23 tent and nature of sex-selection abortion in each foreign 

24 country.’’. 


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1 SEC. 954. SENSE OF CONGRESS REGARDING REDUCING MA2 LARIA PREVALENCE AND DEATHS. 

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

4 (1) Malaria is a leading cause of death and dis5 ease in many developing countries, despite being com6 pletely preventable and treatable. 

7 (2) According to the Centers for Disease Control 

8 and Prevention, 35 countries, the majority of them in 

9 sub-Saharan Africa, account for 98 percent of global 

10 malaria deaths. 

11 (3) Young children and pregnant women are 

12 particularly vulnerable and disproportionately af13 fected by malaria. 

14 (4) Malaria greatly affects child health, with es15 timates that children under the age of 5 account for 

16 85 percent of malaria deaths each year. 

17 (5) Malaria poses great risks to maternal health, 

18 causing complications during delivery, anemia, and 

19 low birth weights, with estimates that malaria infec20 tion causes 400,000 cases of severe maternal anemia 

21 and from 75,000 to 200,000 infant deaths annually 

22 in sub-Saharan Africa. 

23 (6) Heightened national, regional, and inter24 national efforts to prevent and treat malaria over re25 cent years have made measurable progress and have 

26 helped save hundreds of thousands of lives. 


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1 (7) The World Health Organization’s World Ma2 laria Report 2010 reports that in 2010, more African 

3 households (42 percent) owned at least one insecticide4 treated mosquito net (ITN), more children under 5 

5 years of age (35 percent) were using an ITN com6 pared to previous years, and household ITN owner7 ship reached more than 50 percent in 19 African 

8 countries. 

9 (8) The World Health Organization’s World Ma10 laria Report 2010 further states that a total of 11 

11 countries and one area in the African region showed 

12 a reduction of more than 50 percent in either con13 firmed malaria cases or malaria admissions and 

14 deaths in recent years (Algeria, Botswana, Cape 

15 Verde, Eritrea, Madagascar, Namibia, Rwanda, Sao 

16 Tome and Principe, South Africa, Swaziland, Zam17 bia, and Zanzibar, United Republic of Tanzania), 

18 and that in all countries, the decreases are associated 

19 with intense malaria control interventions. 

20 (9) Continued national, regional, and inter21 national investment is critical to continue to reduce 

22 malaria deaths and to prevent backsliding in those 

23 areas where progress has been made. 

24 (10) The United States Government has played 

25 a major leadership role in the recent progress made 


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1 toward reducing the global burden of malaria, par2 ticularly through the President’s Malaria Initiative 

3 (PMI) and the United States contribution to the 

4 Global Fund to Fight AIDS, Tuberculosis, and Ma5 laria. 

6 (11) Recognizing the burden of malaria on many 

7 partner countries, PMI has set the target for 2015 of 

8 reducing the burden of malaria by 50 percent for 

9 450,000,000 people, representing 70 percent of the at10 risk population in Africa. 

11 (b) SENSE OF CONGRESS.—Congress— 

12 (1) supports the achievable target of ending ma13 laria deaths by 2015; 

14 (2) recognizes the importance of reducing ma15 laria prevalence and deaths to improve overall child 

16 and maternal health, especially in sub-Saharan Afri17 ca; 

18 (3) commends the recent progress made toward 

19 reducing global malaria deaths and prevalence, par20 ticularly through the efforts of the President’s Malaria 

21 Initiative and the Global Fund to Fight AIDS, Tu22 berculosis, and Malaria; 

23 (4) welcomes ongoing public-private partnerships 

24 to research and develop more effective and affordable 


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1 tools for malaria diagnosis, treatment, and vaccina2 tion; 

3 (5) supports continued leadership by the United 

4 States in bilateral and multilateral efforts to combat 

5 malaria; and 

6 (6) encourages other members of the inter7 national community to sustain and scale up their 

8 support and financial contributions for efforts world9 wide to combat malaria. 

10 SEC. 955. SENSE OF CONGRESS REGARDING SECOND MCC 

11 COMPACT WITH CAPE VERDE. 

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

13 (1) The Millennium Challenge Corporation 

14 (MCC) provides access to financial services and helps 

15 create sustainability for financial institutions in 

16 Cape Verde, both of which are critical components to 

17 that country’s economic growth. 

18 (2) The MCC strategy in Cape Verde, a devel19 oping nation in which 30 percent of its citizens live 

20 below the poverty level, focuses on microfinance devel21 opment and improved access to credit for farmers. 

22 (3) The MCC Compact with Cape Verde contrib23 uted to e-government service by investing in software, 

24 equipment, and technical assistance. As a result, the 

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1 creased from an average of 52 days in 2007, to less 

2 than one day to do so in 2010. 

3 (4) Preliminary findings of the MCC Compact 

4 with Cape Verde indicate substantial results for farm5 ers receiving assistance through the Agricultural Sup6 port Project. For example, following a year of very 

7 bad rains, farmers who did not receive MCC assist8 ance experienced a drop in income of 88 percent, 

9 while farmers who did receive such assistance faced a 

10 decrease of only 18 percent. 

11 (5) As a result of the MCC Compact with Cape 

12 Verde, the following outputs have been completed: 

13 (A) The construction of 28 reservoirs. 

14 (B) 549 farmers have received training in 

15 new technologies. 

16 (C) Four participating microfinance insti17 tutions have issued $617,000 in rural agricul18 tural loans to 209 farmers on agribusiness. 

19 (D) Increased financial intermediation and 

20 competition in the government securities market 

21 and development of the private sector. 

22 (E) Eight microfinance institutions have re23 ceived technical assistance, and capacity-build24 ing in accounting, credit appraisal, delivery, colVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 lection, human resources management, and mar2 keting. 

3 (6) As a result of the MCC, Cape Verde is 

4 launching its first private credit bureau. 

5 (7) Because the compact with Cape Verde was 

6 among the first MCC compacts approved, a number 

7 of unanticipated issues arose regarding timing and 

8 design that required rescoping of projects and revision 

9 of targets and indicators. Without the ability to ex10 tend the compact beyond the 5-year limit, the MCC 

11 was unable to provide full support for the activities 

12 initially envisioned. 

13 (b) SENSE OF CONGRESS.—It is the sense of Congress 

14 that— 

15 (1) Cape Verde has demonstrated a commitment 

16 to transforming its economy and creating sustainable 

17 growth, as well as an ability to effectively utilize the 

18 assistance provided by the Millennium Challenge Cor19 poration (MCC); and 

20 (2) a second compact with the MCC would allow 

21 Cape Verde to build on the success of its first com22 pact, accelerate economic growth, raise incentives in 

23 other countries to maintain high levels of performance 

24 on MCC programs, and exemplify the results-based 

25 approach to foreign assistance. 


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1 SEC. 956. SENSE OF CONGRESS REGARDING MICROFINANCE 

2 AND MICROENTERPRISE PROGRAMS. 

3 It is the sense of Congress that— 

4 (1) access to financial markets is essential to eco5 nomic growth; 

6 (2) microfinance and microenterprise programs 

7 have been successful in creating and expanding eco8 nomic opportunities by providing access to financial 

9 markets and financial services, such credit, small 

10 loans and savings services, to poor and vulnerable 

11 populations, particularly women and the rural poor, 

12 in developing countries; 

13 (3) microfinance helps improve economic welfare 

14 in poor households, and has been shown to raise bor15 rower income, stimulate the growth of the borrower’s 

16 business, and generate employment; and 

17 (4) the United States should support and encour18 age, wherever possible and appropriate, microfinance 

19 and microenterprise development and programs in 

20 order to help generate stable economic growth in de21 veloping countries. 

22 SEC. 957. SENSE OF CONGRESS REGARDING MICROENTER23 PRISE DEVELOPMENT ASSISTANCE TO SUB24 SAHARAN AFRICA. 

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


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1 (1) the United States Agency for International 

2 Development should seek to increase the reach, im3 pact, and effectiveness of microenterprise development 

4 assistance in sub-Saharan Africa; 

5 (2) the United States Agency for International 

6 Development should target half of all sustainable pov7 erty-focused programs under subsection (a) of section 

8 252 of the Foreign Assistance Act of 1961 (22 U.S.C. 

9 2211a) to the very poor, as required by subsection (c) 

10 of such section; and 

11 (3) the United States Agency for International 

12 Development should seek to improve poverty assess13 ment tools used to provide microenterprise develop14 ment assistance so that the tools can assist the man15 agement and outreach of partner organizations to the 

16 very poor. 

17 (b) DEFINITION.—In this section, the term ‘‘microen18 terprise development assistance’’ means assistance under 

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

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

21 TITLE X—SECURITY ASSISTANCE 

22 SEC. 1001. SHORT TITLE. 

23 This title may be cited as the ‘‘Security Assistance Act 

24 of 2011’’. 


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1 Subtitle A—Military Assistance and 

2 Related Matters 

3 PART I—FUNDING AUTHORIZATIONS 

4 SEC. 1011. FOREIGN MILITARY FINANCING PROGRAM. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There are 

6 authorized to be appropriated to the President for grant as7 sistance under section 23 of the Arms Export Control Act 

8 (22 U.S.C. 2763), $6,374,000,000 for fiscal year 2012. 

9 (b) ASSISTANCE FOR ISRAEL.— 

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

11 Congress that the United States should continue to 

12 support the August 2007 announcement that it would 

13 increase United States military assistance to Israel 

14 by $6 billion through incremental $150 million an15 nual increases in Foreign Military Financing pro16 gram assistance to Israel, starting at $2.55 billion in 

17 fiscal year 2009 and reaching $3.15 billion in each 

18 of the fiscal years 2013 through 2018. 

19 (2) AMENDMENTS.—Section 513(c) of the Secu20 rity Assistance Act of 2000 (Public Law 106–280; 114 

21 Stat. 856), as amended by section 1221(a) of the Se22 curity Assistance Act of 2002 (division B of Public 

23 Law 107–228; 116 Stat. 1430), is further amended— 

24 (A) in paragraph (1)— 


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1 (i) by striking ‘‘each of the fiscal years 

2 2002 and 2003’’ and inserting ‘‘fiscal year 

3 2012’’; and 

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

5 and inserting ‘‘such fiscal year’’; 

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

7 authorized’’ and all that follows through ‘‘later.’’ 

8 and inserting ‘‘Funds authorized to be available 

9 for Israel under subsection (b)(1) and paragraph 

10 (1) of this subsection for fiscal year 2012 shall 

11 be disbursed not later than 30 days after the date 

12 of the enactment of an Act making appropria13 tions for foreign operations, export financing, 

14 and related programs for fiscal year 2012, or Oc15 tober 31, 2011, whichever is later’’; and 

16 (C) in paragraph (4)— 

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

18 2003’’ and inserting ‘‘fiscal year 2012’’; 

19 and 

20 (ii) by striking ‘‘$535,000,000 for fis21 cal year 2002 and not less than 

22 $550,000,000 for fiscal year 2003’’ and in23 serting ‘‘$3,075,000,000 for fiscal year 

24 2012’’. 

25 (c) ASSISTANCE FOR IRAQ.— 


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

2 (A) United States support for the security 

3 of the Government of Iraq remains critical for 

4 the long-term success of United States efforts in 

5 that country. 

6 (B) United States security assistance from 

7 the Iraq Security Forces Fund (ISFF) account 

8 administered by the Department of Defense has 

9 been discontinued in H.R. 2219, the Department 

10 of Defense Appropriations Act, 2012, as passed 

11 the House of Representatives, with the intent of 

12 transitioning responsibility for such activities to 

13 the Foreign Military Financing program admin14 istered by the Department of State. 

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

16 billion for fiscal year 2011 under the Depart17 ment of Defense and Full-Year Continuing Ap18 propriations Act, 2011. 

19 (D) The request for Foreign Military Fi20 nancing program assistance for the Government 

21 of Iraq for fiscal year 2012 is $1 billion marking 

22 a $500 million reduction from previous levels of 

23 security assistance for Iraq. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.—Of 

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1 section (a), $1,000,000,000 is authorized to be appro2 priated to the President for grant assistance under 

3 section 23 of the Arms Export Control Act (22 U.S.C. 

4 2763) for the Government of Iraq for fiscal year 2012. 

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

6 date of enactment of this Act, the Comptroller General 

7 of the United States shall submit to the appropriate 

8 congressional committees a report that— 

9 (A) reviews and comments on the grant as10 sistance provided under section 23 of the Arms 

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

12 Government of Iraq for fiscal year 2012; 

13 (B) includes the amount of such grant as14 sistance that is unobligated or unexpended as of 

15 such date; and 

16 (C) provides recommendations regarding 

17 additional actions to ensure greater account18 ability and transparency with respect to the pro19 vision of United States assistance to Iraq. 

20 (d) CERTIFICATION ON FOREIGN MILITARY FINANCING

21 FOR IRAQ.—Notwithstanding any other provision of this 

22 section or any amendment made by this section, 25 percent 

23 of the funds made available to the Department of State for 

24 the Foreign Military Financing program in Iraq for fiscal 

25 year 2012 may not be made available for contracts under 


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1 the program unless the Secretary of State submits to Con2 gress a plan to manage large-scale contracts under the pro3 gram and certifies to Congress that sufficient management 

4 and oversight practices are in place with respect to such 

5 contracts. 

6 SEC. 1011A. INTERNATIONAL MILITARY EDUCATION AND 

7 TRAINING. 

8 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 542 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347a) 

10 is amended by striking ‘‘There are authorized’’ and all that 

11 follows through ‘‘fiscal year 1987’’ and inserting ‘‘There are 

12 authorized to be appropriated to the President to carry out 

13 the purposes of this chapter $105,800,000 for fiscal year 

14 2012’’. 

15 (b) AUTHORITY TO PROVIDE TO INTERNATIONAL OR16 GANIZATIONS.—Section 541(a) of the Foreign Assistance 

17 Act of 1961 (22 U.S.C. 2347(a)) is amended in the first 

18 sentence by adding at the end before the period the fol19 lowing: ‘‘and comparable personnel of regional and sub-re20 gional organizations for the purposes of contributing to 

21 peacekeeping operations’’. 


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1 PART II—MILITARY ASSISTANCE AUTHORITIES 

2 AND RELATED PROVISIONS 

3 SEC. 1012. AUTHORITY TO TRANSFER EXCESS DEFENSE AR4 TICLES. 

5 Section 516(g)(1) of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2321j(g)(1)) is amended— 

7 (1) by inserting ‘‘authorized to be’’ before ‘‘trans8 ferred’’; and 

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

10 ‘‘450,000,000’’. 

11 SEC. 1012A. ANNUAL MILITARY ASSISTANCE REPORT. 

12 (a) INFORMATION RELATING TO MILITARY ASSIST13 ANCE AND MILITARY EXPORTS.—Section 655(b) of the For14 eign Assistance Act of 1961 (22 U.S.C. 2415(b)) is amend15 ed— 

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

17 striking ‘‘whether such defense articles—’’ and insert18 ing ‘‘the following:’’ 

19 (2) in paragraph (1)— 

20 (A) by inserting ‘‘Whether such defense arti21 cles’’ before ‘‘were’’; and 

22 (B) by striking the semicolon at the end and 

23 inserting a period; 

24 (3) in paragraph (2)— 

25 (A) by inserting ‘‘Whether such defense arti26 cles’’ before ‘‘were’’; and 


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1 (B) by striking ‘‘; or’’ at the end and insert2 ing a period; and 

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

4 following: 

5 ‘‘(3) Whether such defense articles were exported 

6 without a license under section 38 of the Arms Export 

7 Control Act pursuant to an exemption established 

8 under the International Traffic in Arms Regulations, 

9 other than defense articles exported in furtherance of 

10 a letter of offer and acceptance under the Foreign 

11 Military Sales program or a technical assistance or 

12 manufacturing license agreement, including the spe13 cific exemption in the regulation under which the ex14 port was made. 

15 ‘‘(4) A detailed listing, by United States Muni16 tions List category and sub-category, as well as by 

17 country and by international organization, of the ac18 tual total dollar value of major defense equipment 

19 and defense articles delivered pursuant to licenses au20 thorized under section 38 of the Arms Export Control 

21 Act for the previous fiscal year. 

22 ‘‘(5) In the case of defense articles that are fire23 arms controlled under category I of the United States 

24 Munitions List, a statement of the aggregate dollar 

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1 ons, or spare parts for such weapons, the manufac2 ture, transfer, or possession of which is unlawful 

3 under section 922 of title 18, United States Code, that 

4 were licensed for export during the period covered by 

5 the report.’’. 

6 (b) INFORMATION NOT REQUIRED.—Section 655 of the 

7 Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amend8 ed— 

9 (1) by redesignating subsection (c) as subsection 

10 (d); and 

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

13 ‘‘(c) INFORMATION NOT REQUIRED.—Each such report 

14 may exclude information relating to— 

15 ‘‘(1) exports of defense articles (including excess 

16 defense articles), defense services, and international 

17 military education and training activities authorized 

18 by the United States on a temporary basis; 

19 ‘‘(2) exports of such articles, services, and activi20 ties to United States Government end users located in 

21 foreign countries; and 

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

23 agreements or technical assistance agreements licensed 

24 under section 38 of the Arms Export Control Act.’’. 


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1 SEC. 1012B. ANNUAL REPORT ON FOREIGN MILITARY 

2 TRAINING. 

3 Section 656(a)(1) of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2416(a)(1)) is amended— 

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

6 ‘‘March 1’’; and 

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

8 for the current fiscal year’’. 

9 SEC. 1012C. GLOBAL SECURITY CONTINGENCY FUND. 

10 (a) AUTHORITY.— 

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

12 the concurrence of the Secretary of Defense, is author13 ized to establish a fund, to be known as the Global Se14 curity Contingency Fund, which shall consist of such 

15 amounts as may be contributed under paragraph (2) 

16 to the fund, to provide assistance to a foreign country 

17 described in subsection (b) for the purposes described 

18 in subsection (c). The program authorized under this 

19 subsection shall be jointly financed and carried out by 

20 the Department of State and the Department of De21 fense in accordance with the requirements of this sec22 tion. 

23 (2) CONTRIBUTIONS TO FUND.— 

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

25 2012 through 2015, the Secretary of State and 

26 the Secretary of Defense may contribute not more 


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1 than $300,000,000 of amounts made available to 

2 carry out the provisions of law described in sub3 section (d). 

4 (B) AVAILABILITY.—Notwithstanding any 

5 other provision of law, amounts contributed 

6 under this paragraph to the fund shall be merged 

7 with amounts in the fund and shall be available 

8 for purposes of carrying out the program author9 ized under this subsection. 

10 (3) LIMITATION.—The authority of this sub11 section may not be exercised with respect to a fiscal 

12 year until— 

13 (A) the Secretary of State contributes to the 

14 fund not less than one-third of the total amount 

15 contributed to the fund for the fiscal year; and 

16 (B) the Secretary of Defense contributes to 

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

18 amount contributed to the fund for the fiscal 

19 year. 

20 (4) RULE OF CONSTRUCTION.—The ratios of con21 tributions described in paragraph (3) shall be deter22 mined at the beginning of a fiscal year and may not 

23 be determined on a project-by-project basis. 

24 (b) ELIGIBLE FOREIGN COUNTRIES.—A foreign coun25 try described in this subsection is a country that is desVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 ignated by the Secretary of State, with the concurrence of 

2 the Secretary of Defense, and is eligible to receive assistance 

3 under one or more of the provisions of law described in sub4 section (d). 

5 (c) PURPOSE OF PROGRAM.—The program authorized 

6 under subsection (a) may provide assistance to enhance the 

7 capabilities of military forces, and other security forces that 

8 conduct border and maritime security, and counterter9 rorism operations, as well as the government agencies re10 sponsible for such forces, in order to strengthen a foreign 

11 country’s national and regional security interests consistent 

12 with United States foreign policy interests. 

13 (d) PROVISIONS OF LAW DESCRIBED.—The provisions 

14 of law described in this subsection are the following: 

15 (1) Section 1206 of the National Defense Author16 ization Act for Fiscal Year 2006 (Public Law 109– 

17 163; 119 Stat. 3456; relating to program to build the 

18 capacity of foreign military forces). 

19 (2) Section 1033 of the National Defense Author20 ization Act for Fiscal Year 1998 (Public Law 105– 

21 85; 111 Stat. 1881; relating to authority to provide 

22 additional support for counter-drug activities of other 

23 countries). 

24 (3) Amounts authorized to be appropriated by 

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1 wide activities, and available for the Defense Security 

2 Cooperation Agency for the Warsaw Initiative Funds 

3 (WIF) for the participation of the North Atlantic 

4 Treaty Organization (NATO) members in the exer5 cises and programs of the Partnership for Peace pro6 gram of the North Atlantic Treaty Organization. 

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

8 (22 U.S.C. 2763; relating to foreign military financ9 ing program). 

10 (5) Section 481 of the Foreign Assistance Act of 

11 1961 (22 U.S.C. 2291; relating to international nar12 cotics control and law enforcement). 

13 (6) Chapter 5 of part II of the Foreign Assist14 ance Act of 1961 (22 U.S.C. 2347 et seq.; relating to 

15 international military education and training pro16 gram). 

17 (7) Chapter 8 of part II of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2349aa et seq.; relating 

19 to antiterrorism assistance). 

20 (e) FORMULATION AND EXECUTION OF PROGRAM.— 

21 (1) IN GENERAL.—The program authorized 

22 under subsection (a)— 

23 (A) shall be jointly formulated by the Sec24 retary of State and the Secretary of Defense; and 


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

2 approved by the Secretary of State, with the con3 currence of the Secretary of Defense. 

4 (2) REQUIRED ELEMENTS.—The program au5 thorized under subsection (a) shall include elements 

6 that promote— 

7 (A) observance of and respect for human 

8 rights and fundamental freedoms; and 

9 (B) respect for legitimate civilian authority. 

10 (f) RELATED AUTHORITIES.— 

11 (1) IN GENERAL.—The program authorized 

12 under subsection (a) shall be— 

13 (A) jointly financed by the Secretary of 

14 State and the Secretary of Defense through 

15 amounts contributed to the fund under sub16 section (a)(2) from one or more provisions of law 

17 described in subsection (d) under which the for18 eign country is eligible to receive assistance; and 

19 (B) carried out under the authorities of 

20 such provisions of law and the authorities of this 

21 section. 

22 (2) ADMINISTRATIVE AUTHORITIES.—Funds 

23 made available under a program authorized under 

24 subsection (a) shall be subject to the same administra25 tive authorities as apply to funds made available to 


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1 carry out the Foreign Assistance Act of 1961 (22 

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

3 (3) LIMITATION ON ELIGIBLE COUNTRIES.—The 

4 program authorized under subsection (a) may not in5 clude the provision of assistance to— 

6 (A) any foreign country that is otherwise 

7 prohibited from receiving such assistance under 

8 any other provision of law; or 

9 (B) Iraq, Afghanistan, or Pakistan. 

10 (g) CONGRESSIONAL NOTIFICATION.— 

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

12 implementing an activity under the program author13 ized under subsection (a), the Secretary of State, with 

14 the concurrence of the Secretary of Defense, shall sub15 mit to the congressional committees specified in para16 graph (2) a notification of— 

17 (A) the name of the country with respect to 

18 which the activity will be implemented; and 

19 (B) the budget, implementation timeline 

20 with milestones, and completion date for the ac21 tivity. 

22 (2) SPECIFIED CONGRESSIONAL COMMITTEES.— 

23 The congressional committees specified in this para24 graph are— 


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1 (A) the Committee on Armed Services, the 

2 Committee on Foreign Relations, and the Com3 mittee on Appropriations of the Senate; and 

4 (B) the Committee on Armed Services, the 

5 Committee on Foreign Affairs, and the Com6 mittee on Appropriations of the House of Rep7 resentatives. 

8 (h) RULE OF CONSTRUCTION.—Nothing in this section 

9 shall be construed to constitute an authorization or exten10 sion of any of the provisions of law described in subsection 

11 (d). 

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

13 carry out the program authorized under subsection (a) ter14 minates at the close of September 30, 2015. An activity 

15 under the program directed before that date may be com16 pleted after that date, but only using funds made available 

17 for fiscal years 2012 through 2015. 

18 SEC. 1012D. INTERNATIONAL MILITARY EDUCATION AND 

19 TRAINING. 

20 (a) LIMITATIONS.— 

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

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

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

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

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1 gressional committees that the Government of Chad 

2 has taken credible and verifiable steps to implement 

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

4 child soldiers, including the demobilization of child 

5 soldiers. 

6 (2) EQUATORIAL GUINEA AND SOMALIA.—The 

7 President may not use funds made available to carry 

8 out chapter 5 of part II of the Foreign Assistance Act 

9 of 1961 (22 U.S.C. 2347 et seq.) for fiscal year 2012 

10 for assistance to Equatorial Guinea or Somalia. 

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

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

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

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

15 Cameroon, the Central African Republic, Chad, Cote 

16 d’Ivoire, Guinea, or Zimbabwe only for training re17 lated to international peacekeeping operations or ex18 panded international military education and train19 ing. 

20 (4) NOTIFICATION.— 

21 (A) IN GENERAL.—The President shall no22 tify the appropriate congressional committees at 

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1 tral African Republic, Chad, Cote d’Ivoire, 

2 Democratic Republic of the Congo, Ethiopia, 

3 Guatemala, Guinea, Haiti, Kenya, Libya, Nepal, 

4 Nigeria, or Sri Lanka. A notification under this 

5 subparagraph shall include a detailed descrip6 tion of activities that are proposed to be carried 

7 out using such assistance. 

8 (B) FUNDS DESCRIBED.—Funds referred to 

9 in subparagraph (A) are funds made available to 

10 carry out chapter 5 of part II of the Foreign As11 sistance Act of 1961 (22 U.S.C. 2347 et seq.) for 

12 fiscal year 2012. 

13 (5) ENTERTAINMENT ALLOWANCES.—The Presi14 dent may use not more than $55,000 of funds made 

15 available to carry out chapter 5 of part II of the For16 eign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) 

17 for fiscal year 2012 for entertainment allowances. 

18 (b) REPORTING REQUIREMENT.—Not later than April 

19 1, 2012, and each fiscal quarter thereafter for the following 

20 two years, the President shall submit to the appropriate 

21 congressional committees a report on the use of funds made 

22 available to carry out chapter 5 of part II of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 2347 et seq.), including 

24 a description of the obligation and expenditure of such 


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1 funds, and the specific countries in receipt of, and the use 

2 or purpose of the assistance provided by, such funds. 

3 PART III—ARMS EXPORT CONTROL ACT 

4 AMENDMENTS AND RELATED PROVISIONS 

5 SEC. 1013. INCREASED FLEXIBILITY FOR USE OF DEFENSE 

6 TRADE CONTROL REGISTRATION FEES. 

7 (a) IN GENERAL.—Section 45 of the State Department 

8 Basic Authorities Act of 1956 (22 U.S.C. 2717) is amend9 ed— 

10 (1) in the first sentence— 

11 (A) by striking ‘‘For’’ and inserting ‘‘(a) IN

12 GENERAL.—For’’; and 

13 (B) by striking ‘‘Office’’ and inserting ‘‘Di14 rectorate’’; and 

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

16 follows: 

17 ‘‘(b) AVAILABILITY OF FEES.—Fees credited to the ac18 count referred to in subsection (a) shall be available only 

19 for payment of expenses incurred for— 

20 ‘‘(1) management; 

21 ‘‘(2) licensing; 

22 ‘‘(3) compliance; 

23 ‘‘(4) policy activities; and 

24 ‘‘(5) public outreach.’’. 


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1 (b) CONFORMING AMENDMENT.—Section 38(b)(3)(A) 

2 of the Arms Export Control Act (22 U.S.C. 2778(b)(3)(A)) 

3 is amended to read as follows: 

4 ‘‘(3)(A) For each fiscal year, 100 percent of registra5 tion fees collected pursuant to paragraph (1) shall be cred6 ited to a Department of State account, to be available with7 out fiscal year limitation. Fees credited to that account 

8 shall be available only for the payment of expenses incurred 

9 for— 

10 ‘‘(i) management; 

11 ‘‘(ii) licensing; 

12 ‘‘(iii) compliance; 

13 ‘‘(iv) policy activities; and 

14 ‘‘(v) public outreach.’’. 

15 SEC. 1013A. INCREASE IN CONGRESSIONAL NOTIFICATION 

16 THRESHOLDS. 

17 (a) FOREIGN MILITARY SALES.— 

18 (1) IN GENERAL.—Section 36(b) of the Arms Ex19 port Control Act (22 U.S.C. 2776(b)) is amended— 

20 (A) in paragraph (1)— 

21 (i) by striking ‘‘$50,000,000’’ and in22 serting ‘‘$100,000,000’’; 

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

24 inserting ‘‘$300,000,000’’; and 


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1 (iii) by striking ‘‘$14,000,000’’ and in2 serting ‘‘$25,000,000’’; 

3 (B) by redesignating paragraphs (2) 

4 through (6) as paragraphs (3) through (7), re5 spectively; and 

6 (C) by striking ‘‘The letter of offer shall not 

7 be issued’’ and all that follows through ‘‘enacts 

8 a joint resolution’’ and inserting the following: 

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

10 ‘‘(A) with respect to a proposed sale of any de11 fense articles or defense services under this Act for 

12 $200,000,000 or more, any design and construction 

13 services for $300,000,000 or more, or any major de14 fense equipment for $75,000,000 or more, to the North 

15 Atlantic Treaty Organization (NATO), any member 

16 country of NATO, Japan, Australia, the Republic of 

17 Korea, Israel, or New Zealand, if Congress, within 15 

18 calendar days after receiving such certification, or 

19 ‘‘(B) with respect to a proposed sale of any de20 fense articles or services under this Act for 

21 $100,000,000 or more, any design and construction 

22 services for $200,000,000 or more, or any major de23 fense equipment for $50,000,000 or more, to any other 

24 country or organization, if Congress, within 30 cal25 endar days after receiving such certification, 


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1 enacts a joint resolution’’. 

2 (2) TECHNICAL AND CONFORMING AMEND3 MENTS.—Section 36 of the Arms Export Control Act 

4 (22 U.S.C. 2776) is amended— 

5 (A) in subsection (b)— 

6 (i) in paragraph (6)(C) (as redesig7 nated), by striking ‘‘Subject to paragraph 

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

9 (ii) by striking paragraph (7) (as re10 designated); and 

11 (B) in subsection (c)(4), by striking ‘‘sub12 section (b)(5)’’ each place it appears and insert13 ing ‘‘subsection (b)(6)’’. 

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

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

16 (1) in paragraph (1)— 

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

18 in’’ and inserting ‘‘In’’; 

19 (B) by striking ‘‘$14,000,000’’ and inserting 

20 ‘‘$25,000,000’’; and 

21 (C) by striking ‘‘$50,000,000’’ and inserting 

22 ‘‘$100,000,000’’; 

23 (2) in paragraph (2)— 

24 (A) in subparagraph (A)— 


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

2 the following: ‘‘of any major defense equip3 ment sold under a contract in the amount 

4 of $75,000,000 or more or of defense articles 

5 or defense services sold under a contract in 

6 the amount of $200,000,000 or more, (or, in 

7 the case of a defense article that is a fire8 arm controlled under category I of the 

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

10 more)’’; and 

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

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

13 further striking ‘‘that Organization’’ and 

14 inserting ‘‘NATO’’; and 

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

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

17 major defense equipment sold under a contract 

18 in the amount of $50,000,000 or more or of de19 fense articles or defense services sold under a 

20 contract in the amount of $100,000,000 or more, 

21 (or, in the case of a defense article that is a fire22 arm controlled under category I of the United 

23 States Munitions List, $1,000,000 or more)’’; 

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


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1 (4) by redesignating paragraph (6) as para2 graph (5). 

3 SEC. 1013B. RETURN OF DEFENSE ARTICLES. 

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

5 (22 U.S.C. 2761(m)(1)(B)) is amended by adding at the 

6 end before the semicolon the following: ‘‘, unless the Sec7 retary of State has provided prior approval of such re8 transfer’’. 

9 SEC. 1013C. ANNUAL ESTIMATE AND JUSTIFICATION FOR 

10 SALES PROGRAM. 

11 (a) IN GENERAL.—Section 25(a)(1) of the Arms Ex12 port Control Act (22 U.S.C. 2765(a)(1)) is amended by 

13 striking ‘‘, together with an indication of which sales and 

14 licensed commercial exports’’ and inserting ‘‘and’’. 

15 (b) ADDITIONAL AMENDMENT.—Section 25(a)(3) of the 

16 Arms Export Control Act (22 U.S.C. 2765(a)(3)) is amend17 ed by adding at the end before the semicolon the following: 

18 ‘‘, as well as any plan for regional security cooperation de19 veloped in consultation with Embassy Country Teams and 

20 the Department of State’’. 


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1 SEC. 1013D. UPDATING AND CONFORMING PENALTIES FOR 

2 VIOLATIONS OF SECTIONS 38 AND 39 OF THE 

3 ARMS EXPORT CONTROL ACT. 

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

5 Control Act (22 U.S.C. 2778(c)) is amended to read as fol6 lows: 

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

8 39.— 

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

10 any person to violate, attempt to violate, conspire to 

11 violate, or cause a violation of any provision of this 

12 section or section 39, or any rule or regulation issued 

13 under either section, or a treaty referred to in sub14 section (j)(1)(c)(i), including any rule or regulation 

15 issued to implement or enforce a treaty referred to in 

16 subsection (j)(1)(c)(i) or an implementing arrange17 ment pursuant to such a treaty, or who, in a registra18 tion or license application or required report, makes 

19 any untrue statement of a material fact or omits to 

20 state a material fact required to be stated therein or 

21 necessary to make the statements therein not mis22 leading. 

23 ‘‘(2) CRIMINAL PENALTIES.—A person who will24 fully commits an unlawful act described in para25 graph (1) shall upon conviction— 


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

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

3 ‘‘(B) in the case of a natural person, im4 prisoned for not more than 20 years or both.’’. 

5 (b) MECHANISMS TO IDENTIFY VIOLATORS.—Section 

6 38(g) of the Arms Export Control Act (22 U.S.C. 2778(g)) 

7 is amended— 

8 (1) in paragraph (1)— 

9 (A) in subparagraph (A)— 

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

11 by inserting ‘‘or otherwise charged’’ after 

12 ‘‘indictment’’; 

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

14 the end; and 

15 (iii) by adding at the end the fol16 lowing: 

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

18 States Code, relating to entry of goods by 

19 means of false statements; 

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

21 States Code, relating to smuggling goods 

22 from the United States; 

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

24 States Code, relating to economic espionage; 


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

2 States Code, relating to smuggling goods 

3 into the United States; 

4 ‘‘(xvii) section 104A of the Foreign 

5 Corrupt Practices Act of 1977 (15 U.S.C. 

6 78dd–3), relating to prohibited foreign trade 

7 practices by persons other than issuers or 

8 domestic concerns; 

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

10 United States Code, relating to providing 

11 material support or resources to dedicated 

12 foreign terrorist organizations; or 

13 ‘‘(xix) sections 2339C and 2339D of 

14 title 18, United States Code, relating to fi15 nancing terrorism and receiving terrorism 

16 training;’’; and 

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

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

19 (2) in paragraph (3)(A), by inserting ‘‘or other20 wise charged’’ after ‘‘indictment’’. 

21 (c) EFFECTIVE DATE.—The amendment made by sub22 section (a) shall take effect on the date of the enactment 

23 of this Act and shall apply with respect to violations of 

24 sections 38 and 39 of the Arms Export Control Act com25 mitted on or after that date. 


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1 SEC. 1013E. CLARIFICATION OF PROHIBITIONS RELATING 

2 TO STATE SPONSORS OF TERRORISM AND 

3 THEIR NATIONALS. 

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

5 U.S.C. 2780(d)) is amended— 

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

7 country whose substantive contacts with that country 

8 give reasonable grounds for raising risk of diversion, 

9 regardless of whether such persons maintain such na10 tionality or the nationality of another country not 

11 covered by this section’’ after ‘‘with respect to a coun12 try’’; and 

13 (2) by adding at the end the following: ‘‘For pur14 poses of this subsection, the term ‘national’ means an 

15 individual who acquired citizenship by birth from a 

16 country that is subject to section 126.1 of title 22, 

17 Code of Federal Regulations (or any successor regula18 tions).’’. 

19 SEC. 1013F. EXEMPTION FOR TRANSACTIONS WITH COUN20 TRIES SUPPORTING ACTS OF INTER21 NATIONAL TERRORISM. 

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

23 U.S.C. 2780(h)) is amended— 

24 (1) in the heading— 

25 (A) by striking ‘‘EXEMPTION’’ and inserting 

26 ‘‘EXEMPTIONS’’; and 


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1 (B) by adding ‘‘AND CERTAIN FEDERAL

2 LAW ENFORCEMENT ACTIVITIES’’ after ‘‘RE3 PORTING REQUIREMENTS’’; and 

4 (2) by adding at the end before the period the fol5 lowing: ‘‘or with respect to Federal law enforcement 

6 activities undertaken to further the investigation of 

7 violations of this Act’’. 

8 SEC. 1013G. REPORT ON FOREIGN MILITARY FINANCING 

9 PROGRAM. 

10 Section 23 of the Arms Export Control Act (22 U.S.C. 

11 2763) is amended by adding at the end the following: 

12 ‘‘(i) REPORT.— 

13 ‘‘(1) IN GENERAL.—The President shall transmit 

14 to the appropriate congressional committees as part of 

15 the supporting materials of the annual congressional 

16 budget justification a report on the implementation of 

17 this section for the prior fiscal year. 

18 ‘‘(2) MATTERS TO BE INCLUDED.—The report re19 quired under paragraph (1) shall include a descrip20 tion of the following: 

21 ‘‘(A) The extent to which the use of the au22 thority of this section is based on a well-formu23 lated and realistic assessments of the capability 

24 requirements of foreign countries and inter25 national organizations. 


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

2 grants under the authority of this section are 

3 consistent with United States conventional arms 

4 transfer policy. 

5 ‘‘(C) The extent to which the Department of 

6 State has developed and implemented specific 

7 plans to monitor and evaluate outcomes under 

8 the authority of this section, including at least 

9 one country or international organization assess10 ment each fiscal year. 

11 ‘‘(3) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—In this subsection, the term ‘appropriate con13 gressional committees’ means— 

14 ‘‘(A) the Committee on Appropriations and 

15 the Committee on Foreign Affairs of the House 

16 of Representatives; and 

17 ‘‘(B) the Committee on Appropriations and 

18 the Committee on Foreign Relations of the Sen19 ate.’’. 


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1 SEC. 1013H. CONGRESSIONAL NOTIFICATION OF REGULA2 TIONS AND AMENDMENTS TO REGULATIONS 

3 UNDER SECTION 38 OF THE ARMS EXPORT 

4 CONTROL ACT. 

5 (a) IN GENERAL.—Section 38 of the Arms Export Con6 trol Act (22 U.S.C. 2778) is amended by adding at the end 

7 the following: 

8 ‘‘(k) CONGRESSIONAL NOTIFICATION.—The President 

9 shall submit to the Committee on Foreign Affairs of the 

10 House of Representatives and the Committee on Foreign Re11 lations of the Senate a copy of regulations or amendments 

12 to regulations issued to carry out this section at least 30 

13 days before publication of the regulations or amendments 

14 in the Federal Register unless, after consulting with such 

15 Committees, the President determines that there is an emer16 gency that requires a shorter period of time.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) takes effect on the date of the enactment of this 

19 Act and applies with respect the issuance of regulations or 

20 amendments to regulations made on or after the date of the 

21 enactment of this Act. 

22 SEC. 1013I. DIPLOMATIC EFFORTS TO STRENGTHEN NA23 TIONAL AND INTERNATIONAL ARMS EXPORT 

24 CONTROLS. 

25 (a) SENSE OF CONGRESS.—It is the sense of Congress 

26 that the President should redouble United States diplomatic 


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1 efforts to strengthen national and international arms export 

2 controls by establishing a senior-level initiative to ensure 

3 that those arms export controls are comparable to and sup4 portive of United States arms export controls, particularly 

5 with respect to countries of concern to the United States. 

6 (b) REPORT.—Not later than one year after the date 

7 of the enactment of this Act, and annually thereafter for 

8 4 years, the President shall transmit to the Committee on 

9 Foreign Affairs of the House of Representatives and the 

10 Committee on Foreign Relations of the Senate a report on 

11 United States diplomatic efforts described in subsection (a). 

12 SEC. 1013J. REVIEW AND REPORT OF INVESTIGATIONS OF 

13 VIOLATIONS OF SECTION 3 OF THE ARMS EX14 PORT CONTROL ACT. 

15 (a) REVIEW.—The Inspector General of the Depart16 ment of State shall conduct a review of investigations by 

17 the Department of State during each of fiscal years 2012 

18 through 2016 of any and all possible violations of section 

19 3 of the Arms Export Control Act (22 U.S.C. 2753) with 

20 respect to misuse of United States-origin defense items to 

21 determine whether the Department of State has fully com22 plied with the requirements of such section, as well as its 

23 own internal procedures (and whether such procedures are 

24 adequate), for reporting to Congress any information re25 garding the unlawful use or transfer of United States-origin 


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1 defense articles, defense services, and technology by foreign 

2 countries, as required by such section. 

3 (b) REPORT.—The Inspector General of the Depart4 ment of State shall submit to the Committee on Foreign 

5 Affairs of the House of Representatives and the Committee 

6 on Foreign Relations of the Senate for each of fiscal years 

7 2012 through 2016 a report that contains the findings and 

8 results of the review conducted under subsection (a). The 

9 report shall be submitted in unclassified form to the max10 imum extent possible, but may include a classified annex. 

11 SEC. 1013K. INCREASE IN PENALTIES FOR ILLICIT TRAF12 FICKING IN SMALL ARMS AND LIGHT WEAP13 ONS TO COUNTRIES IN THE WESTERN HEMI14 SPHERE. 

15 (a) IN GENERAL.—Notwithstanding section 38(c) of 

16 the Arms Export Control Act (22 U.S.C. 2778(c)), any per17 son who willfully exports to a country in the Western Hemi18 sphere any small arm or light weapon without a license 

19 in violation of the requirements of section 38 of such Act 

20 shall upon conviction be fined for each violation not less 

21 than $1,000,000 but not more than $3,000,000 and impris22 oned for not more than twenty years, or both. 

23 (b) DEFINITION.—In this section, the term ‘‘small arm 

24 or light weapon’’ means any item listed in Category I(a), 

25 Category III (as it applies to Category I(a)), or grenades 


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1 under Category IV(a) of the United States Munitions List 

2 (as contained in part 121 of title 22, Code of Federal Regu3 lations (or successor regulations)) that requires a license for 

4 international export under this section. 

5 SEC. 1013L. DEPARTMENT OF STATE REWARDS PROGRAM. 

6 Section 36(b) of the State Department Basic Authori7 ties Act of 1956 (22 U.S.C. 2708(b)) is amended— 

8 (1) by redesignating paragraphs (4) through (7) 

9 as paragraphs (5) through (8), respectively; 

10 (2) by inserting after paragraph (3) the fol11 lowing new paragraph: 

12 ‘‘(4) the arrest or conviction in any country of 

13 any individual for illegally exporting or attempting 

14 to export to Mexico any small arm or light weapon 

15 (as defined in section 1013K(b) of the Foreign Rela16 tions Authorization Act, Fiscal Year 2012);’’; and 

17 (3) in paragraphs (5) and (6) (as redesignated), 

18 by striking ‘‘paragraph (1), (2), or (3)’’ each place it 

19 appears and inserting ‘‘paragraph (1), (2), (3), or 

20 (4)’’. 


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1 Subtitle B—Security Assistance and 

2 Related Matters 

3 PART I—ISRAEL 

4 SEC. 1021. REPORT ON UNITED STATES COMMITMENTS TO 

5 THE SECURITY OF ISRAEL. 

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

7 date of enactment of this Act, the President shall transmit 

8 to the appropriate congressional committees a report that 

9 contains— 

10 (1) a complete, unedited, and unredacted copy of 

11 each assurance made by United States Government 

12 officials to officials of the Government of Israel re13 garding Israel’s security and maintenance of Israel’s 

14 qualitative military edge provided in conjunction 

15 with exports under the Arms Export Control Act (22 

16 U.S.C. 2751 et seq.) for the period beginning on Jan17 uary 1, 1975, and ending on the date of the enact18 ment of this Act; and 

19 (2) an analysis of the extent to which, and by 

20 what means, each assurance has been and is con21 tinuing to be fulfilled. 

22 (b) SUBSEQUENT REPORTS.— 

23 (1) NEW ASSURANCES AND REVISIONS.—The 

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1 sional committees a report that contains the informa2 tion required under subsection (a) with respect to— 

3 (A) each assurance described in subsection 

4 (a) made on or after the date of enactment of 

5 this Act; or 

6 (B) revisions to any assurance described in 

7 subsection (a) or subparagraph (A) of this para8 graph, within 15 days of the new assurance or 

9 revision being conveyed. 

10 (2) FIVE-YEAR REPORTS.—Not later than 5 

11 years after the date of the enactment of this Act, and 

12 every 5 years thereafter, the President shall transmit 

13 to the appropriate congressional committees a report 

14 that contains the information required under sub15 section (a) with respect to each assurance described in 

16 subsection (a) or paragraph (1)(A) of this subsection 

17 and revisions to any assurance described in sub18 section (a) or paragraph (1)(A) of this subsection 

19 during the preceding 5-year period. 

20 (c) FORM.—Each report required by this section shall 

21 be transmitted in unclassified form, but may contain a clas22 sified annex, if necessary. 


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1 SEC. 1021A. CLARIFICATION OF CERTIFICATION REQUIRE2 MENTS RELATING TO ISRAEL’S QUALITATIVE 

3 MILITARY EDGE. 

4 Section 36(h)(1) of the Arms Export Control Act (22 

5 U.S.C. 2776(h)(1)) is amended by striking ‘‘a determina6 tion’’ and inserting ‘‘an unclassified determination’’. 

7 SEC. 1021B. SUPPORT TO ISRAEL FOR MISSILE DEFENSE. 

8 (a) STATEMENT OF POLICY.—It shall be the policy of 

9 the United States to— 

10 (1) promote deployment as soon as is possible of 

11 effective missile defense systems capable of defending 

12 against ballistic missile attack from Iran, Syria, and 

13 other potential missile threats to Israel; 

14 (2) fully utilize, so far as possible, the missile de15 fense capabilities and resources of the United States 

16 to fully assist, support, and improve the defenses of 

17 Israel to provide robust, layered protection against 

18 ballistic missile, and medium and short range projec19 tile attack; 

20 (3) provide assistance to complete accelerated co21 production of Arrow missiles and continued integra22 tion with the appropriate ballistic missile defense sys23 tems of the United States; 

24 (4) provide assistance to aid the system develop25 ment of the Missile Defense Agency and Israel Missile 

26 Defense Organization joint program to develop a 


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1 short-range ballistic missile defense capability, Da2 vid’s Sling weapon system, and integrate the weapon 

3 system with the ballistic missile defense system and 

4 force protection efforts of the United States; and 

5 (5) provide assistance for research, development, 

6 and test and evaluation, and fielding of the Iron 

7 Dome Air Defense Missile System. 

8 (b) AUTHORIZATION OF ASSISTANCE.—Of the amounts 

9 authorized to be appropriated under section 513(c) of the 

10 Security Assistance Act of 2000 (Public Law 106–280; 114 

11 Stat. 856), as amended by section 1221(a) of the Security 

12 Assistance Act of 2002 (division B of Public Law 107–228; 

13 116 Stat. 1430) and further amended by section 1011(b)(2) 

14 of this Act, the Secretary of State, in coordination with the 

15 Secretary of Defense, is authorized to provide assistance to 

16 the Government of Israel for the procurement, maintenance, 

17 and sustainment of the Iron Dome Air Defense Missile Sys18 tem for purposes of intercepting short-range rockets, mis19 siles, and mortars launched against Israel, and other activi20 ties. 

21 (c) REPORT.— 

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

23 the date of the enactment of this Act, and annually 

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1 ations appropriations and defense appropriations 

2 budget request, the Secretary of State, in consultation 

3 with the Secretary of Defense, shall submit to the ap4 propriate congressional committees a report regarding 

5 the activities authorized under subsection (b). 

6 (2) FORM.—The report required under para7 graph (1) shall be submitted in unclassified form to 

8 the maximum extent practicable, but may include a 

9 classified annex, if necessary. 

10 (3) APPROPRIATE CONGRESSIONAL COMMITTEES

11 DEFINED.—In this subsection, the term ‘‘appropriate 

12 congressional committees’’ means— 

13 (A) the Committee on Foreign Affairs and 

14 the Committee on Armed Services of the House 

15 of Representatives; and 

16 (B) the Committee on Foreign Relations 

17 and the Committee on Armed Services in the 

18 Senate. 

19 PART II—EGYPT 

20 SEC. 1022. LIMITATION ON SECURITY ASSISTANCE TO THE 

21 GOVERNMENT OF EGYPT. 

22 (a) LIMITATION.—None of the funds made available to 

23 carry out this title may be used to provide United States 

24 security assistance to the Government of Egypt unless a cer25 tification described in subsection (b) is in effect. 


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1 (b) CERTIFICATION.—A certification described in this 

2 subsection is a certification transmitted by the President 

3 to the appropriate congressional committees that contains 

4 a determination of the President that— 

5 (1) the Government of Egypt is not directly or 

6 indirectly controlled by a foreign terrorist organiza7 tion, its affiliates or supporters; 

8 (2) the Government of Egypt is fully imple9 menting the Israel-Egypt Peace Treaty; and 

10 (3) the Government of Egypt is detecting and de11 stroying the smuggling network and tunnels between 

12 Egypt and the Gaza strip. 

13 (c) RECERTIFICATIONS.—Not later than 90 days after 

14 the date on which the President transmits to the appro15 priate congressional committees an initial certification 

16 under subsection (b), and every six months thereafter— 

17 (1) the President shall transmit to the appro18 priate congressional committees a recertification that 

19 the requirements contained in subsection (b) are con20 tinuing to be met; or 

21 (2) if the President is unable to make such a re22 certification, the President shall transmit to the ap23 propriate congressional committees a report that con24 tains the reasons therefor. 


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1 (d) WAIVER.—The President may waive the limitation 

2 in subsection (a) if the President determines and certifies 

3 to the appropriate congressional committees 15 days prior 

4 to the exercise of waiver authority that— 

5 (1) it is in the vital national security interests 

6 of the United States to do so; 

7 (2) the United States is fully implementing and 

8 enforcing existing end-use monitoring mechanisms; 

9 and 

10 (3) the United States has established and imple11 mented comprehensive procedures to vet all recipients 

12 of United States security assistance to ensure that no 

13 recipients are members of, or affiliated with, a foreign 

14 terrorist organization or any affiliates or supporters 

15 thereof. 

16 SEC. 1022A. REPORT ON SECURITY ASSISTANCE TO THE 

17 GOVERNMENT OF EGYPT. 

18 (a) IN GENERAL.—Not later than 180 days after the 

19 date of the enactment of this Act, the Secretary of State, 

20 in coordination with the Secretary of Defense, shall submit 

21 to the appropriate congressional committees a report that 

22 includes the following: 

23 (1) A description of the strategic objectives of the 

24 United States regarding the provision of United 


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1 States security assistance to the Government of 

2 Egypt. 

3 (2) A description of biennial outlays of United 

4 States security assistance to the Government of Egypt 

5 for the purposes of strategic planning, training, pro6 vision of equipment, and construction of facilities, in7 cluding funding streams. 

8 (3) A description of vetting and end-user moni9 toring systems in place by both Egypt and the United 

10 States for defense articles and training provided by 

11 the United States, to include human rights vetting. 

12 (4) A description of actions that the Government 

13 of Egypt is taking to— 

14 (A) fully implement the Egypt-Israel peace 

15 treaty; 

16 (B) detect and destroy the smuggling net17 work and tunnels between Egypt and the Gaza 

18 strip; 

19 (C) repudiate, combat, and stop incitement 

20 to violence against the United States and United 

21 States citizens and prohibit the transmission 

22 within its domains of satellite television or radio 

23 channels that broadcast such incitement; and 

24 (D) adopt and implement legal and polit25 ical reforms that protect the religious and demoVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 cratic freedoms of all citizens and residents of 

2 Egypt. 

3 (5) Recommendations, including with respect to 

4 required resources and actions, to maximize the effec5 tiveness of United States security assistance provided 

6 to Egypt. 

7 (b) GAO REPORT.—Not later than 120 days after the 

8 date of the submission of the report required under sub9 section (a), the Comptroller General of the United States 

10 shall submit to the appropriate congressional committees a 

11 report that— 

12 (1) reviews and comments on the report required 

13 under subsection (a); and 

14 (2) provides recommendations regarding addi15 tional actions with respect to the provision of United 

16 States security assistance to Egypt, if necessary. 

17 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE18 FINED.—In this section, the term ‘‘appropriate congres19 sional committees’’ means— 

20 (1) the Committee on Foreign Affairs and the 

21 Committee on Armed Services of the House of Rep22 resentatives; and 

23 (2) the Committee on Foreign Relations and the 

24 Committee on Armed Services in the Senate. 


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1 SEC. 1022B. GOVERNMENT OF EGYPT DEFINED. 

2 In this part, the term ‘‘Government of Egypt’’ means 

3 any person, agent, instrumentality, or official of, is affili4 ated with, or is serving as a representative of the Govern5 ment of Egypt. 

6 PART III—LEBANON 

7 SEC. 1023. STATEMENT OF POLICY. 

8 It shall be the policy of the United States— 

9 (1) to declare the association of political parties 

10 with terrorist organizations, militias, and other ele11 ments retaining armed operational capabilities out12 side of the official military and security institutions 

13 of the Government of Lebanon hinders the emergence 

14 of a fully-democratic Lebanon; 

15 (2) to support the Government of Lebanon in as16 serting its sovereignty by extending its authority 

17 throughout its territory, particularly in the southern 

18 regions; 

19 (3) to support the emergence of a democratic 

20 Lebanon, with both domestic and foreign terrorist or21 ganizations and militias permanently disarmed; and 

22 (4) to continue to provide financial and material 

23 assistance to support the sovereignty, territorial integ24 rity, unity, and political independence of Lebanon 

25 under the sole and exclusive authority of the Govern26 ment of Lebanon. 


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1 SEC. 1023A. LIMITATION ON SECURITY ASSISTANCE TO THE 

2 GOVERNMENT OF LEBANON. 

3 (a) LIMITATION.—None of the funds made available to 

4 carry out this title may be used to provide security assist5 ance to the Government of Lebanon unless a certification 

6 described in subsection (b) is in effect. 

7 (b) CERTIFICATION.—A certification described in this 

8 subsection is a certification transmitted by the President 

9 to the appropriate congressional committees that contains 

10 a determination of the President that— 

11 (1) no member of Hezbollah or any other a for12 eign terrorist organization serves in any policy posi13 tion in a ministry, agency, or instrumentality of the 

14 Government of Lebanon; 

15 (2) there exists within the Government of Leb16 anon comprehensive anti-terrorism vetting and track17 ing procedures for all Lebanese security forces per18 sonnel benefitting from United States security assist19 ance programs; 

20 (3) all ministries of the Government of Lebanon 

21 and operations that directly or indirectly benefit from 

22 United States security assistance programs are finan23 cially transparent and accountable; 

24 (4) the Government of Lebanon— 


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1 (A) is dismantling the infrastructure of all 

2 foreign terrorist organizations and related mili3 tias and is confiscating unauthorized weapons; 

4 (B) has taken other actions in full compli5 ance with United Nations Security Council Res6 olutions 1559, 1585, 1701, 1757, and other inter7 national obligations; and 

8 (C) is fully cooperating with the Special 

9 Tribunal for Lebanon; 

10 (5) United States security assistance and secu11 rity cooperation programs for Lebanon are not uti12 lized against the State of Israel and will not ad13 versely impact Israel’s qualitative military edge; and 

14 (6) the Government of Lebanon has taken effec15 tive steps and made demonstrable progress toward as16 suming full control of its territory. 

17 (c) RECERTIFICATIONS.—Not later than 90 days after 

18 the date on which the President transmits to the appro19 priate 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 con24 tinuing to be met; or 


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1 (2) if the President is unable to make such a re2 certification, the President shall transmit to the ap3 propriate congressional committees a report that con4 tains the reasons therefor. 

5 (d) WAIVER.—The President may waive the limitation 

6 in subsection (a) if the President determines and certifies 

7 to the appropriate congressional committees 15 days prior 

8 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 imple15 mented comprehensive procedures to vet all recipients 

16 of United States security assistance to ensure that no 

17 recipients are members of, or affiliated with, a foreign 

18 terrorist organization. 

19 SEC. 1023B. REPORT ON SECURITY ASSISTANCE TO THE 

20 GOVERNMENT OF LEBANON. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act, the Secretary of State, 

23 in coordination with the Secretary of Defense, shall submit 

24 to the appropriate committees of Congress a report that in25 cludes the following: 


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1 (1) A description of the strategic objectives of the 

2 United States regarding the provision of United 

3 States security assistance to the Government of Leb4 anon, including arms sales to the Government of Leb5 anon, and a strategy for achieving those objectives. 

6 (2) A description of biennial outlays for United 

7 States security assistance, including arms sales, to the 

8 Government of Lebanon for the purposes of strategic 

9 planning, training, provision of equipment, and con10 struction of facilities, including funding streams. 

11 (3) A breakdown of contributions and assistance 

12 provided by the United States, international organi13 zations, and other nations and entities to the Govern14 ment of Lebanon, including the Ministry of Defense, 

15 the Ministry of Interior, the armed forces of Lebanon, 

16 the Internal Security Forces, the General Security 

17 Directorate, the General Directorate of State Security, 

18 Lebanese Military Intelligence, and other organiza19 tions or agencies. 

20 (4) A description of vetting and end-user moni21 toring systems in place by the Government of Leb22 anon, the United States, international organizations, 

23 and other nations and entities providing security as24 sistance to the Government of Lebanon. 


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1 (5) A description of metrics utilized by the 

2 United States Government for measuring whether 

3 United States security assistance has improved the 

4 capacity of the Government of Lebanon security forces 

5 to operate. 

6 (b) FORM.—The report required under subsection (a) 

7 shall be submitted in unclassified form to the greatest extent 

8 possible, but may include a classified annex if necessary. 

9 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE10 FINED.—In this section, the term ‘‘appropriate congres11 sional committees’’ means— 

12 (1) the Committee on Foreign Affairs and the 

13 Committee on Armed Services of the House of Rep14 resentatives; and 

15 (2) the Committee on Foreign Relations and the 

16 Committee on Armed Services in the Senate. 

17 SEC. 1023C. GOVERNMENT OF LEBANON DEFINED. 

18 In this part, the term ‘‘Government of Lebanon’’ 

19 means any person, agent, instrumentality, or official of, is 

20 affiliated with, or is serving as a representative of the Gov21 ernment of Lebanon. 


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1 PART IV—PALESTINIAN AUTHORITY 

2 SEC. 1024. LIMITATION ON SECURITY ASSISTANCE TO THE 

3 PALESTINIAN AUTHORITY. 

4 (a) LIMITATION.—None of the funds made available to 

5 carry out this title may be used to provide United States 

6 security assistance to the Palestinian Authority unless a 

7 certification described in subsection (b) is in effect. 

8 (b) CERTIFICATION.—A certification described in this 

9 subsection is a certification transmitted by the President 

10 to the appropriate congressional committees that contains 

11 a determination of the President that— 

12 (1) no member of Hamas or any other foreign 

13 terrorist organization serves in any policy position in 

14 a ministry, agency, or instrumentality of the Pales15 tinian Authority; 

16 (2) the Palestinian Authority is taking all nec17 essary steps and action to implement the 2005 secu18 rity reorganization program, and implement an in19 clusive, standards-based approach to recruitment; 

20 (3) all Palestinian Authority ministries and op21 erations that directly or indirectly benefit from secu22 rity assistance are financially transparent and ac23 countable; 

24 (4) the Palestinian Authority is dismantling all 

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1 empting terrorist attacks, and fully cooperating with 

2 Israel’s security services; 

3 (5) the Palestinian Authority is fully imple4 menting necessary institutional reforms within the 

5 Ministry of Interior and within the judicial sector; 

6 (6) the Palestinian Authority has halted all anti7 Israel incitement in Palestinian Authority-controlled 

8 electronic and print media and in schools, mosques, 

9 and other institutions it controls, and is replacing 

10 these materials, including textbooks, with materials 

11 that promote tolerance, peace, and coexistence with 

12 Israel; 

13 (7) there exists within the Palestinian Authority 

14 comprehensive anti-terrorism vetting and tracking 

15 procedures for all Palestinian Security Forces per16 sonnel benefitting from United States security assist17 ance; and 

18 (8) the Palestinian Authority has and continues 

19 to publicly acknowledge Israel’s right to exist as a 

20 Jewish state. 

21 (c) RECERTIFICATIONS.—Not later than 90 days after 

22 the date on which the President transmits to the appro23 priate congressional committees an initial certification 

24 under subsection (b), and every six months thereafter— 


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1 (1) the President shall transmit to the appro2 priate congressional committees a recertification that 

3 the requirements contained in subsection (b) are con4 tinuing to be met; or 

5 (2) if the President is unable to make such a re6 certification, the President shall transmit to the ap7 propriate congressional committees a report that con8 tains the reasons therefor. 

9 (d) WAIVER.—The President may waive the limitation 

10 in subsection (a) if the President determines and certifies 

11 to the appropriate congressional committees 15 days prior 

12 to the exercise of waiver authority that— 

13 (1) it is in the vital national security interests 

14 of the United States to do so; 

15 (2) the United States is fully implementing and 

16 enforcing existing end-use monitoring mechanisms; 

17 and 

18 (3) the United States has established and imple19 mented comprehensive procedures to vet all recipients 

20 of United States security assistance to ensure that no 

21 recipients are members of, or affiliated with, a foreign 

22 terrorist organization. 


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1 SEC. 1024A. REPORT ON SECURITY ASSISTANCE TO THE 

2 PALESTINIAN AUTHORITY. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act, the Secretary of State 

5 shall submit to the appropriate congressional committees a 

6 report that includes the following: 

7 (1) A description of the strategic objectives of the 

8 United States regarding the provision of United 

9 States security assistance to the Palestinian Author10 ity, and a strategy for achieving those objectives. 

11 (2) A description of biennial outlays for United 

12 States security assistance to the Palestinian Security 

13 Forces for the purposes of strategic planning, train14 ing, provision of equipment, and construction of fa15 cilities, including funding streams. 

16 (3) A breakdown of contributions and assistance 

17 provided by the United States, international organi18 zations, and other nations and entities to the Pales19 tinian Authority Ministry of Interior, Civil Police, 

20 National Security Force, the Preventative Security, 

21 the General Intelligence Service, Military Intelligence, 

22 the Presidential Security Service/Presidential Guard, 

23 and other units. 

24 (4) A description of vetting and end-user moni25 toring systems in place by the Palestinian Authority, 

26 the United States, international organizations, and 


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1 other nations and entities providing security assist2 ance to the Palestinian Authority. 

3 (5) A description of contingency options for re4 structuring security assistance and reconfiguring the 

5 mission of the United States Security Coordinator. 

6 (6) A description of metrics utilized by the 

7 United States Government for measuring whether se8 curity assistance and security cooperation programs 

9 have improved the capacity of the Palestinian Au10 thority security forces to operate. 

11 (b) FORM.—The report required under subsection (a) 

12 shall be submitted in unclassified form to the greatest extent 

13 possible, but may include a classified annex if necessary. 

14 SEC. 1024B. PALESTINIAN AUTHORITY DEFINED. 

15 In this part, the term ‘‘Palestinian Authority’’ in16 cludes any agency or instrumentality of the Palestinian Au17 thority, including any entity that is controlled by the Pales18 tinian Authority, or any successor Palestinian governing 

19 entity, including the Palestinian Legislative Council. 

20 PART V—PAKISTAN 

21 SEC. 1025. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.— 

23 (1) IN GENERAL.—Section 102(a) of the En24 hanced Partnership with Pakistan Act of 2009 (22 


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1 U.S.C. 8412(a)) is amended by striking ‘‘2010’’ and 

2 inserting ‘‘2012’’. 

3 (2) AVAILABILITY OF FUNDS.—Section 102(b) of 

4 the Enhanced Partnership with Pakistan Act of 2009 

5 (22 U.S.C. 8412(b)) is amended— 

6 (A) by striking ‘‘AVAILABILITY OF FUNDS’’ 

7 and all that follows through ‘‘Of the amounts’’ 

8 and inserting ‘‘AVAILABILITY OF FUNDS.—Of the 

9 amounts’’; and 

10 (B) by striking ‘‘subsection (a)’’ and all 

11 that follows and inserting the following: ‘‘sub12 section (a), none of the amounts appropriated for 

13 assistance to Pakistan may be made available for 

14 assistance to Pakistan unless the Secretary of 

15 State submits to the appropriate congressional 

16 committees during such fiscal year— 

17 ‘‘(1) a certification that assistance provided to 

18 Pakistan under this title or the Foreign Assistance 

19 Act of 1961 to date has made or is making measur20 able progress toward achieving the principal objec21 tives of United States assistance to Pakistan con22 tained in the Pakistan Assistance Strategy Report 

23 and a memorandum explaining the reasons justifying 

24 the certification; and 


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1 ‘‘(2) the certification required under section 

2 203(c).’’. 

3 (3) WAIVER; SENSE OF CONGRESS ON FOREIGN

4 ASSISTANCE FUNDS.—Section 102 of the Enhanced 

5 Partnership with Pakistan Act of 2009 (22 U.S.C. 

6 8412) is amended by striking subsections (c) and (d). 

7 (b) EFFECTIVE DATE.—The amendments made by sub8 section (a) take effect on the date of the enactment of this 

9 Act and apply with respect to amounts appropriated for 

10 the purposes of providing assistance to Pakistan under title 

11 I of the Enhanced Partnership with Pakistan Act of 2009 

12 and providing assistance to Pakistan under the Foreign As13 sistance Act of 1961 for each of the fiscal years 2012, 2013, 

14 and 2014. 

15 SEC. 1025A. LIMITATIONS ON CERTAIN ASSISTANCE. 

16 (a) IN GENERAL.—Section 203 of the Enhanced Part17 nership with Pakistan Act of 2009 (22 U.S.C. 8423) is 

18 amended— 

19 (1) by striking ‘‘, under the direction of the 

20 President,’’ each place it appears and inserting ‘‘, in 

21 consultation with the Secretary of Defense and the 

22 Director of National Intelligence,’’; 

23 (2) in subsection (c)(2)— 

24 (A) in the matter preceding subparagraph 

25 (A)— 


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1 (i) by striking ‘‘significant efforts to2 wards’’ and inserting ‘‘demonstrable 

3 progress in’’; 

4 (ii) by striking ‘‘taking into account’’; 

5 and 

6 (iii) by striking ‘‘has made progress on 

7 matters such as’’; 

8 (B) by redesignating subparagraphs (A), 

9 (B), and (C), as subparagraphs (C), (D), and 

10 (E), respectively; 

11 (C) by inserting before subparagraph (C) 

12 (as redesignated) the following: 

13 ‘‘(A) is fully assisting the United States 

14 with investigating the existence of an official or 

15 unofficial support network in Pakistan for 

16 Osama Bin Laden, including by providing the 

17 United States with direct access to Osama Bin 

18 Laden’s relatives in Pakistan and to Osama Bin 

19 Laden’s former compound in Abottabad and any 

20 materials therein; 

21 ‘‘(B) is facilitating the issuance of entry 

22 and exit visas for official United States visitors 

23 engaged in counterterrorism efforts and training 

24 or other cooperative programs and projects in 

25 Pakistan;’’; 


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1 (D) in subparagraph (C) (as redesignated), 

2 by inserting ‘‘is’’ before ‘‘ceasing’’; 

3 (E) in subparagraph (D) (as redesig4 nated)— 

5 (i) by inserting ‘‘is’’ before ‘‘pre6 venting’’; 

7 (ii) by inserting ‘‘the Haqqani Net8 work,’’ after ‘‘such as’’; 

9 (iii) by adding at the end before the 

10 semicolon the following: ‘‘and eliminating 

11 improvised explosive device (IED) net12 works’’; and 

13 (iv) by striking ‘‘and’’ at the end; 

14 (F) in subparagraph (E) (as redesig15 nated)— 

16 (i) by inserting ‘‘is’’ before ‘‘strength17 ening’’; and 

18 (ii) by inserting ‘‘and fully imple19 menting’’ before ‘‘counterterrorism’’; and 

20 (G) by adding after subparagraph (E) (as 

21 redesignated) the following: 

22 ‘‘(F) is using defense articles and defense 

23 services provided by the United States under the 

24 Foreign Military Sales program according to the 

25 end-use purposes, security requirements, and 


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1 other terms and conditions agreed to by the 

2 United States at the time of transfer or by subse3 quent agreement; and’’; 

4 (3) by striking subsection (e); 

5 (4) by redesignating subsection (f) as subsection 

6 (e); and 

7 (5) in subsection (e) (as redesignated), in para8 graph (1), by striking ‘‘the Committee on Oversight 

9 and Government Reform,’’. 

10 (b) EFFECTIVE DATE.—The amendments made by sub11 section (a) take effect on the date of the enactment of this 

12 Act and apply with respect to the provision of security-re13 lated assistance to Pakistan in each of the fiscal years 2012, 

14 2013, and 2014. 

15 SEC. 1025B. STRATEGY REPORTS. 

16 Section 301(a) of the Enhanced Partnership with 

17 Pakistan Act of 2009 (22 U.S.C. 8441(a)) is amended— 

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

19 striking ‘‘Not later than 45 days after the date of en20 actment of this Act’’ and inserting ‘‘For each of the 

21 fiscal years 2012, 2013, and 2014’’; 

22 (2) in paragraph (1), by inserting ‘‘United 

23 States strategic objectives in Pakistan and’’ after ‘‘A 

24 description of’’; 

25 (3) in paragraph (2), by striking ‘‘general’’; 


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1 (4) in paragraph (3), by striking ‘‘A plan for’’ 

2 and inserting ‘‘A description of implementation of’’; 

3 (5) by amending paragraph (7) to read as fol4 lows: 

5 ‘‘(7) Progress toward creating a searchable Inter6 net database and other public communications strate7 gies that will provide the people of the United States 

8 and the people of Pakistan with updated and accurate 

9 information on proposed spending plans, disburse10 ments of assistance, and results achieved using funds 

11 authorized under title I of this Act.’’; and 

12 (6) by adding at the end the following: 

13 ‘‘(8) Progress toward meeting the recommenda14 tions of audits, reviews, and investigations completed 

15 by the General Accountability Office and by the Office 

16 of Inspector General of the United States Agency for 

17 International Development, the Department of State, 

18 and the Department of Defense. 

19 ‘‘(9) A description of how the Administration is 

20 incorporating support for private sector development 

21 and enhanced trade opportunities as part of the for22 eign assistance approach to Pakistan.’’. 


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1 PART VI—YEMEN 

2 SEC. 1026. LIMITATION ON SECURITY ASSISTANCE TO THE 

3 GOVERNMENT OF YEMEN. 

4 (a) LIMITATION.—None of the funds made available to 

5 carry out this title may be used to provide United States 

6 security assistance to the Government of Yemen unless a 

7 certification described in subsection (b) is in effect. 

8 (b) CERTIFICATION.—A certification described in this 

9 subsection is a certification transmitted by the President 

10 to the appropriate congressional committees that contains 

11 a determination of the President that— 

12 (1) no ministry, agency, or instrumentality of 

13 the Government of Yemen is controlled by a foreign 

14 terrorist organization or is directly or indirectly af15 filiated with a foreign terrorist organization; 

16 (2) no member of a foreign terrorist organization 

17 serves in any policy position in a ministry, agency, 

18 or instrumentality of the Government of Yemen; 

19 (3) there exists within the Government of Yemen 

20 comprehensive anti-terrorism vetting and tracking 

21 procedures for all Yemeni security forces personnel 

22 benefitting from United States security assistance; 

23 (4) all ministries and operations of the Govern24 ment of Yemen that directly or indirectly benefit from 

25 United States security assistance are financially 

26 transparent and accountable; and 


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1 (5) the Government of Yemen is not complicit in 

2 human rights abuses. 

3 (c) RECERTIFICATIONS.—Not later than 90 days after 

4 the date on which the President transmits to the appro5 priate congressional committees an initial certification 

6 under subsection (b), and every six months thereafter— 

7 (1) the President shall transmit to the appro8 priate congressional committees a recertification that 

9 the requirements contained in subsection (b) are con10 tinuing to be met; or 

11 (2) if the President is unable to make such a re12 certification, the President shall transmit to the ap13 propriate congressional committees a report that con14 tains the reasons therefor. 

15 (d) WAIVER.—The President may waive the limitation 

16 in subsection (a) if the President determines and certifies 

17 to the appropriate congressional committees 15 days prior 

18 to the exercise of waiver authority that— 

19 (1) it is in the vital national security interests 

20 of the United States to do so; 

21 (2) the United States is fully implementing and 

22 enforcing existing end-use monitoring mechanisms; 

23 and 

24 (3) the United States has established and imple25 mented comprehensive procedures to vet all recipients 


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1 of United States security assistance to ensure that no 

2 recipients are members of, or affiliated with, a foreign 

3 terrorist organization or any affiliates or supporters 

4 thereof. 

5 SEC. 1026A. REPORT ON SECURITY ASSISTANCE TO THE 

6 GOVERNMENT OF YEMEN. 

7 (a) IN GENERAL.—Not later than 180 days after the 

8 date of the enactment of this Act, the Secretary of State, 

9 in coordination with the Secretary of Defense, shall submit 

10 to the appropriate congressional committees a report that 

11 includes the following: 

12 (1) A description of the strategic objectives of the 

13 United States regarding the provision of United 

14 States security assistance to the Government of 

15 Yemen. 

16 (2) A threat assessment for the Yemen. 

17 (3) A description of biennial outlays of United 

18 States security assistance to the Government of Yemen 

19 for the purposes of strategic planning, training, pro20 vision of equipment, and construction of facilities, in21 cluding funding streams. 

22 (4) A description of vetting and end-user moni23 toring systems in place by both Yemen and the 

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1 vided by the United States, to include human rights 

2 vetting. 

3 (5) A description of actions that the Government 

4 of Yemen is taking to combat foreign terrorist organi5 zations. 

6 (6) Recommendations, including with respect to 

7 required resources and actions, to maximize the effec8 tiveness of United States security assistance to the 

9 Government of Yemen. 

10 (b) GAO REPORT.—Not later than 120 days after the 

11 date of the submission of the report required under sub12 section (a), the Comptroller General of the United States 

13 shall submit to the appropriate congressional committees a 

14 report that— 

15 (1) reviews and comments on the report required 

16 under subsection (a); and 

17 (2) provides recommendations regarding addi18 tional actions with respect to the provision of United 

19 States security assistance to Yemen, if necessary. 

20 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE21 FINED.—In this section, the term ‘‘appropriate congres22 sional committees’’ means— 

23 (1) the Committee on Foreign Affairs and the 

24 Committee on Armed Services of the House of Rep25 resentatives; and 


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1 (2) the Committee on Foreign Relations and the 

2 Committee on Armed Services in the Senate. 

3 SEC. 1026B. GOVERNMENT OF YEMEN DEFINED. 

4 In this part, the term ‘‘Government of Yemen’’ means 

5 any person, agent, instrumentality, or official of, is affili6 ated with, or is serving as a representative of the Govern7 ment of Yemen. 

8 PART VII—MISCELLANEOUS PROVISIONS 

9 SEC. 1027. DEFINITIONS. 

10 Except as otherwise provided, in this subtitle: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional commit13 tees’’ means— 

14 (A) the Committee on Foreign Affairs and 

15 the Committee on Appropriations of the House of 

16 Representatives; and 

17 (B) the Committee on Foreign Relations 

18 and the Committee on Appropriations of the 

19 Senate. 

20 (2) FOREIGN TERRORIST ORGANIZATION.—The 

21 term ‘‘foreign terrorist organization’’ means an orga22 nization designated as a foreign terrorist organization 

23 by the Secretary of State in accordance with section 

24 219(a) of the Immigration and Nationality Act (8 

25 U.S.C. 1189(a)). 


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1 (3) QUALITATIVE MILITARY EDGE.—The term 

2 ‘‘qualitative military edge’’ has the meaning given the 

3 term in section 36(h)(2) of the Arms Export Control 

4 Act (22 U.S.C. 2776(h)(2)). 

5 (4) UNITED STATES SECURITY ASSISTANCE.— 

6 The term ‘‘United States security assistance’’ means 

7 assistance authorized under part II of the Foreign As8 sistance Act of 1961, the Arms Export Control Act, or 

9 any other Act under which the United States provides 

10 defense articles, military training, or other defense-re11 lated services by grant, loan, credit, or cash sales in 

12 furtherance of national policies and objectives. 

13 SEC. 1027A. REPORT ON POLICE TRAINING. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the President shall, in 

16 coordination with the heads of relevant Federal departments 

17 and agencies, submit to the Committee on Foreign Affairs 

18 of the House of Representative and the Committee on For19 eign Relations of the Senate a report on current overseas 

20 civilian police training in countries or regions that are at 

21 risk of, in, or are in transition from, conflict or civil strife. 

22 (b) MATTERS TO BE INCLUDED.—The report required 

23 under subsection (a) shall contain information on the fol24 lowing: 


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1 (1) The coordination, communication, program 

2 management, and policy implementation among the 

3 United States civilian police training programs in 

4 countries or regions that are at risk of, in, or are in 

5 transition from, conflict or civil strife. 

6 (2) The number of private contractors con7 ducting such training, and the quality and cost of 

8 such private contractors. 

9 (3) An assessment of pre-training procedures for 

10 verification of police candidates to adequately assess 

11 their aptitude, professional skills, integrity, and other 

12 qualifications that are essential to law enforcement 

13 work. 

14 (4) An analysis of the practice of using existing 

15 Federal police entities to provide civilian police 

16 training in countries or regions that are at risk of, 

17 in, or are in transition from, conflict or civil strife, 

18 along with the subject matter expertise that each such 

19 entity may provide to meet local needs in lieu of the 

20 use of private contractors. 

21 (5) Recommendations, including recommenda22 tions relating to required resources and actions, to 

23 maximize the effectiveness and interagency coordina24 tion and the adequate provision of civilian police 

25 training programs in countries or regions that are at 


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1 risk of, in, or are in transition from, conflict or civil 

2 strife. 

3 SEC. 1027B. AUDITS OF UNITED STATES ASSISTANCE TO 

4 IRAQ. 

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

6 (1) The Office of the Special Inspector General 

7 for Iraq Reconstruction (SIGIR) has conducted audits 

8 of the activities of the Department of State and the 

9 Department of Defense and the United States Agency 

10 for International Development in Iraq which have 

11 proved invaluable to Congress, senior Administration 

12 officials, and the American people. 

13 (2) SIGIR has authority under existing law to 

14 audit all United States-funded reconstruction assist15 ance in Iraq regardless of funding source. 

16 (3) United States assistance to Iraq, under the 

17 conditions now in existence or which may be antici18 pated to be in existence through December 2012 

19 should be considered to be ‘‘reconstruction assistance’’. 

20 (4) SIGIR’s audits of the police training pro21 gram, and of military assistance through the Iraq Se22 curity Forces Fund, have been of particular value. 

23 (5) SIGIR should audit military, security, and 

24 economic assistance to Iraq during the term of 

25 SIGIR’s existence, including assistance which may be 


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1 provided under the Foreign Military Financing pro2 gram or the Police Development Program. 

3 (6) SIGIR’s audits should cover such aspects of 

4 assistance programs as may be in the opinion of the 

5 Inspector General necessary or desirable under section 

6 6(a) of the Inspector General Act of 1978 or section 

7 3001 of Public Law 108–106, including any pro8 grams, activities, or facilities funded in whole or part 

9 by amounts made available for assistance to Iraq or 

10 which relate to such programs, activities, or facilities. 

11 (7) SIGIR coordinates its audits with other In12 spectors General and the Government Accountability 

13 Office to avoid duplication of effort. 

14 (8) SIGIR should continue to report on United 

15 States assistance to Iraq in its Quarterly Reports to 

16 Congress. 

17 (b) COOPERATION WITH SIGIR.—The Secretary of 

18 State shall fully and unreservedly cooperate with audits 

19 conducted by the SIGIR and with any information requests 

20 which in the opinion of the SIGIR are required to comply 

21 with requirements imposed on the SIGIR by law. 

22 Subtitle C—Peacekeeping 

23 Operations 

24 SEC. 1031. PEACEKEEPING OPERATIONS. 

25 (a) AUTHORITY.— 


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1 (1) IN GENERAL.—Section 551 of the Foreign 

2 Assistance Act of 1961 (22 U.S.C. 2348) is amend3 ed— 

4 (A) in the first sentence, by striking ‘‘The 

5 President’’ and inserting ‘‘(a) The President’’; 

6 and 

7 (B) by adding at the end the following new 

8 subsection: 

9 ‘‘(b) Assistance authorized to be appropriated under 

10 this chapter may also be used, notwithstanding section 660, 

11 to provide assistance to enhance the capacity of foreign ci12 vilian security forces, including gendarmes, to participate 

13 in peacekeeping operations.’’. 

14 (2) DISARMAMENT AND REINTEGRATION.— 

15 (A) IN GENERAL.—Notwithstanding any 

16 other provision of law, regulation, or Executive 

17 order, funds authorized to be appropriated by 

18 this Act and any similar provision of law for 

19 peacekeeping operations may be made available 

20 to support programs to disarm, demobilize, and 

21 reintegrate into civilian society former members 

22 of foreign terrorist organizations. 

23 (B) CONSULTATION.—The Secretary of 

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1 sional committees prior to obligating or expend2 ing funds pursuant to this subsection. 

3 (C) DEFINITION.—In this paragraph, the 

4 term ‘‘foreign terrorist organization’’ means an 

5 organization designated as a terrorist organiza6 tion under section 219(a) of the Immigration 

7 and Nationality Act (8 U.S.C. 1189(a)). 

8 (b) LIMITATION.—Section 404(a) of the Child Soldiers 

9 Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 

10 2370c-1(a)) is amended by striking ‘‘section 516 or 541 of 

11 the Foreign Assistance Act of 1961 (22 U.S.C. 2321j or 

12 2347)’’ and inserting ‘‘section 516, 541, or 551 of the For13 eign Assistance Act of 1961 (22 U.S.C. 2321j, 2347, or 

14 2348)’’. 

15 (c) NOTIFICATION AND REPORTING REQUIREMENTS.— 

16 (1) NOTIFICATION.—The Secretary of State shall 

17 notify the Committee on Foreign Affairs of the House 

18 of Representatives and the Committee on Foreign Re19 lations of the Senate at least 15 days before any funds 

20 authorized under this section are made available. 

21 (2) REPORTS.—Not later than March 30, 2012, 

22 and the end of each fiscal quarter, the Secretary of 

23 State shall submit to the Committee on Foreign Af24 fairs of the House of Representatives and the Com25 mittee on Foreign Relations of the Senate a report on 


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1 the uses of funds made available under the this sec2 tion, including a description of the obligation and ex3 penditure of funds, the specific country in receipt of 

4 such funds, and the use or purpose of the assistance 

5 provided by such funds. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

7 authorized to be appropriated $304,390,000 for fiscal year 

8 2012 for necessary expenses to carry out the provisions of 

9 section 551 of the Foreign Assistance Act of 1961, including 

10 to pay assessed expenses for international peacekeeping ac11 tivities in Somalia and for a United States contribution 

12 to the Multinational Force Observers Mission in the Sinai. 

13 Subtitle D—Reports 

14 SEC. 1041. REPORT ON TRANSPARENCY IN NATO ARMS 

15 SALES. 

16 (a) REPORT.—Not later than 180 days after the date 

17 of the enactment of this Act and annually thereafter for each 

18 of the following three years, the Secretary of State, in co19 ordination with the Secretary of Defense, shall submit to 

20 the appropriate congressional committees an annual report 

21 on sales and financing of defense articles and defense serv22 ices in excess of $50,000,000 by North Atlantic Treaty Or23 ganization (NATO) member countries (other than the 

24 United States) to non-NATO member countries, which in25 cludes the following: 


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1 (1) A detailed political-strategic analysis of po2 tential dangers such sales and financing might pose 

3 to the integrity of the NATO alliance. 

4 (2) A list of any abuses or incidents involving 

5 such sales and financing to countries potentially hos6 tile to the NATO alliance. 

7 (3) An analysis of the potential for such sales 

8 and financing made during the past five years to the 

9 Russian Federation to adversely affect the long-term 

10 solidarity of the NATO alliance. 

11 (b) NATO COOPERATION.—The Secretary of State 

12 shall seek the cooperation and input of NATO’s Economic 

13 Secretariat in preparing the report required under sub14 section (a). 

15 (c) FORM.—The report required under subsection (a) 

16 shall be submitted in unclassified form (including as much 

17 detail as possible), but may contain a classified annex. 

18 (d) APPROPRIATE CONGRESSIONAL COMMITTEES DE19 FINED.—In this section, the term ‘‘appropriate congres20 sional committees’’ means— 

21 (1) the Committee on Foreign Affairs of the 

22 House of Representative and the Committee on For23 eign Relations of the Senate; and 


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1 (2) the congressional defense committees (as de2 fined in section 101(a)(16) of title 10, United States 

3 Code). 

4 SEC. 1041A. REPORT ON TASK FORCE FOR BUSINESS AND 

5 STABILITY OPERATIONS IN AFGHANISTAN. 

6 (a) REPORT.—The Secretary of State, with the concur7 rence of the Secretary of Defense, and in coordination with 

8 the Administrator for the United States Agency for Inter9 national Development, shall submit to the appropriate con10 gressional committees a report that contains a detailed plan 

11 to provide for the transition of the activities of the Task 

12 Force for Business and Stability Operations in Afghanistan 

13 from the Department of Defense to the Department of State 

14 and the United States Agency for International Develop15 ment. 

16 (b) APPROPRIATE CONGRESSIONAL COMMITTEES DE17 FINED.—In this section, the term ‘‘appropriate congres18 sional committees’’ means— 

19 (1) the Committee on Foreign Affairs of the 

20 House of Representative and the Committee on For21 eign Relations of the Senate; and 

22 (2) the congressional defense committees (as de23 fined in section 101(a)(16) of title 10, United States 

24 Code). 


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1 TITLE XI—MISCELLANEOUS 

2 PROVISIONS 

3 Subtitle A—General Provisions 

4 SEC. 1101. ELIMINATION OF EAST-WEST CENTER. 

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

6 use any amounts authorized to be appropriated by this Act 

7 to fund, make a grant to, provide assistance to, or otherwise 

8 support the Center for Cultural and Technical Interchange 

9 Between East and West (commonly referred to as the ‘‘East10 West Center’’). 

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

12 Interchange Between East and West Act of 1960 (chapter 

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

14 472) is repealed. 

15 SEC. 1102. INSPECTOR GENERAL OF THE GLOBAL FUND. 

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

17 Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 

18 (22 U.S.C. 7622(d)(5)) is amended— 

19 (1) in subparagraph (C)— 

20 (A) by amending clause (ii) to read as fol21 lows: 

22 ‘‘(ii) all reports of the Inspector Gen23 eral of the Global Fund, without editing, re24 striction, or limitation, and in a manner 

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1 sure of Reports of the Inspector General, ap2 proved at the 16th Meeting of the Board of 

3 the Global Fund, including a certification 

4 that no changes have been made to the Pol5 icy that would restrict the Inspector Gen6 eral’s ability to disclose the results of his or 

7 her work and the discretion and authority 

8 of the Inspector General in executing the 

9 functions of the Office has not been limited, 

10 reduced, or minimized;’’; and 

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

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

13 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 the 

20 Board of the Global Fund; 

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

24 of the Global Fund, its grantees, recipients, 


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1 sub-recipients, contractors, suppliers, and 

2 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 to 

12 undermine its authority;’’. 

13 SEC. 1103. ANTIBOYCOTT PROVISIONS. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Antiboycott Act’’. 

16 (b) FINDINGS.—The Congress finds that— 

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

18 secondary boycott of United States firms that have 

19 commercial ties with Israel, are an impediment to in20 vestment, trade, economic development, and peace in 

21 the Middle East and North Africa; 

22 (2) it is in the common interest of the people of 

23 Israel and the Arab states that the Arab League boy24 cott be terminated, that the Central Office for the 

25 Boycott of Israel be closed, and that Arab League 


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1 states normalize relations with their neighbor Israel; 

2 and 

3 (3) the President, the Secretary of State, and the 

4 Secretary of Commerce should continue to vigorously 

5 oppose the Arab League boycott of Israel and use the 

6 authorities enacted into law by Congress to take con7 crete steps to seek an end to the Arab League boycott. 

8 (c) POLICY.—It is the policy of the United States to— 

9 (1) oppose restrictive trade practices or boycotts 

10 fostered or imposed by foreign countries against other 

11 countries friendly to the United States or against any 

12 United States person; 

13 (2) encourage and, in specified cases, require 

14 United States persons engaged in the export of goods 

15 or technology or other information to refuse to take 

16 actions, including furnishing information or entering 

17 into or implementing agreements, which have the ef18 fect of furthering or supporting the restrictive trade 

19 practices or boycotts fostered or imposed by any for20 eign country against a country friendly to the United 

21 States or against any United States person; and 

22 (3) foster international cooperation and the de23 velopment of international rules and institutions to 

24 assure reasonable access to world supplies. 

25 (d) PROHIBITIONS AND EXCEPTIONS.— 


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1 (1) PROHIBITIONS.—In order to carry out the 

2 purposes set forth in subsection (c), the Secretary of 

3 Commerce (in this section referred to as the ‘‘Sec4 retary’’) shall issue regulations prohibiting any 

5 United States person, with respect to that person’s ac6 tivities in the interstate or foreign commerce of the 

7 United States, from taking or knowingly agreeing to 

8 take any of the following actions with intent to com9 ply with, further, or support any boycott fostered or 

10 imposed by a foreign country against a country that 

11 is friendly to the United States and is not itself the 

12 object of any form of boycott pursuant to United 

13 States law or regulation: 

14 (A) Refusing, or requiring any other person 

15 to refuse, to do business with or in the boycotted 

16 country, with any business concern organized 

17 under the laws of the boycotted country, with 

18 any national or resident of the boycotted coun19 try, or with any other person, pursuant to an 

20 agreement with, or requirement of, or a request 

21 from or on behalf of the boycotting country. The 

22 mere absence of a business relationship with or 

23 in the boycotted country with any business con24 cern organized under the laws of the boycotted 

25 country, with any national or resident of the 


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1 boycotted country, or with any other person, 

2 shall not indicate the existence of the intent re3 quired to establish a violation of regulations 

4 issued to carry out this subparagraph. 

5 (B) Refusing, or requiring any other person 

6 to refuse, to employ or otherwise discriminate 

7 against any United States person on the basis of 

8 the race, religion, sex, or national origin of that 

9 person or of any owner, officer, director, or em10 ployee of such person. 

11 (C) Furnishing information with respect to 

12 the race, religion, sex, or national origin of any 

13 United States person or of any owner, officer, di14 rector, or employee of such person. 

15 (D) Furnishing information about whether 

16 any person has, has had, or proposes to have any 

17 business relationship (including a relationship 

18 by way of sale, purchase, legal or commercial 

19 representation, shipping or other transport, in20 surance, investment, or supply) with or in the 

21 boycotted country, with any business concern or22 ganized under the laws of the boycotted country, 

23 with any national or resident of the boycotted 

24 country, or with any other person which is 

25 known or believed to be restricted from having 


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1 any business relationship with or in the boy2 cotting country. Nothing in this subparagraph 

3 shall prohibit the furnishing of normal business 

4 information in a commercial context as defined 

5 by the Secretary. 

6 (E) Furnishing information about whether 

7 any person is a member of, has made a contribu8 tion to, or is otherwise associated with or in9 volved in the activities of any charitable or fra10 ternal organization that supports the boycotted 

11 country. 

12 (F) Paying, honoring, confirming, or other13 wise implementing a letter of credit that con14 tains any condition or requirement the compli15 ance with which is prohibited by regulations 

16 issued pursuant to this paragraph, and no 

17 United States person shall, as a result of the ap18 plication of this paragraph, be obligated to pay 

19 or otherwise honor or implement such letter of 

20 credit. 

21 (2) EXCEPTIONS.—Regulations issued pursuant 

22 to paragraph (1) may provide exceptions for— 

23 (A) compliance, or agreement to comply, 

24 with requirements— 


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1 (i) prohibiting the import of items 

2 from the boycotted country or items pro3 duced or provided, by any business concern 

4 organized under the laws of the boycotted 

5 country or by nationals or residents of the 

6 boycotted country; or 

7 (ii) prohibiting the shipment of items 

8 to the boycotting country on a carrier of the 

9 boycotted country or by a route other than 

10 that prescribed by the boycotting country or 

11 the recipient of the shipment; 

12 (B) compliance, or agreement to comply, 

13 with import and shipping document require14 ments with respect to the country of origin, the 

15 name of the carrier and route of shipment, the 

16 name of the supplier of the shipment, or the 

17 name of the provider of other services, except 

18 that, for purposes of applying any exception 

19 under this subparagraph, no information know20 ingly furnished or conveyed in response to such 

21 requirements may be stated in negative, black22 listing, or similar exclusionary terms, other than 

23 with respect to carriers or route of shipment as 

24 may be permitted by such regulations in order to 


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1 comply with precautionary requirements pro2 tecting against war risks and confiscation; 

3 (C) compliance, or agreement to comply, in 

4 the normal course of business with the unilateral 

5 and specific selection by a boycotting country, or 

6 a national or resident thereof, of carriers, insur7 ers, suppliers of services to be performed within 

8 the boycotting country, or specific items which, 

9 in the normal course of business, are identifiable 

10 by source when imported into the boycotting 

11 country; 

12 (D) compliance, or agreement to comply, 

13 with export requirements of the boycotting coun14 try relating to shipment or transshipment of ex15 ports to the boycotted country, to any business 

16 concern of or organized under the laws of the 

17 boycotted country, or to any national or resident 

18 of the boycotted country; 

19 (E) compliance by an individual, or agree20 ment by an individual to comply, with the im21 migration or passport requirements of any coun22 try with respect to such individual or any mem23 ber of such individual’s family or with requests 

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1 ployment of such individual within the boy2 cotting country; and 

3 (F) compliance by a United States person 

4 resident in a foreign country, or agreement by 

5 such a person to comply, with the laws of the 

6 country with respect to the person’s activities ex7 clusively therein, and such regulations may con8 tain exceptions for such resident complying with 

9 the laws or regulations of the foreign country 

10 governing imports into such country of 

11 trademarked, trade-named, or similarly specifi12 cally identifiable products, or components of 

13 products for such person’s own use, including the 

14 performance of contractual services within that 

15 country. 

16 (3) LIMITATION ON EXCEPTIONS.—Regulations 

17 issued pursuant to paragraphs (2)(C) and (2)(F) 

18 shall not provide exceptions from paragraphs (1)(B) 

19 and (1)(C). 

20 (4) ANTITRUST AND CIVIL RIGHTS LAWS NOT AF21 FECTED.—Nothing in this subsection may be con22 strued to supersede or limit the operation of the anti23 trust or civil rights laws of the United States. 

24 (5) EVASION.—This section applies to any trans25 action or activity undertaken by or through a United 


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1 States person or any other person with intent to 

2 evade the provisions of this section or the regulations 

3 issued pursuant to this subsection. The regulations 

4 issued pursuant to this section shall expressly provide 

5 that the exceptions set forth in paragraph (2) do not 

6 permit activities or agreements (expressed or implied 

7 by a course of conduct, including a pattern of re8 sponses) otherwise prohibited, which are not within 

9 the intent of such exceptions. 

10 (e) REPORTS.— 

11 (1) IN GENERAL.—Regulations issued under this 

12 section shall require that any United States person 

13 receiving a request to furnish information, enter into 

14 or implement an agreement, or take any other action 

15 referred to in subsection (d) shall report that request 

16 to the Secretary, together with any other information 

17 concerning the request that the Secretary determines 

18 appropriate. The person shall also submit to the Sec19 retary a statement regarding whether the person in20 tends to comply, and whether the person has com21 plied, with the request. 

22 (2) PUBLIC AVAILABILITY OF REPORTS.—Any re23 port filed pursuant to this subsection shall be made 

24 available promptly for public inspection and copying, 

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1 scription, and value of any item to which such report 

2 relates may be kept confidential if the Secretary de3 termines that disclosure of that information would 

4 place the United States person involved at a competi5 tive disadvantage. 

6 (3) SUMMARIES TO SECRETARY OF STATE.—The 

7 Secretary shall periodically transmit to the Secretary 

8 of State summaries of the information contained in 

9 the reports filed pursuant to this subsection for such 

10 action as the Secretary of State, in consultation with 

11 the Secretary, considers appropriate to carry out the 

12 purposes set forth in subsection (c). 

13 (f) PREEMPTION.—The provisions of this section and 

14 the regulations issued under this section shall preempt any 

15 law, rule, or regulation that— 

16 (1) is a law, rule, or regulation of any of the sev17 eral States or the District of Columbia, or any of the 

18 territories or possessions of the United States, or of 

19 any governmental subdivision thereof; and 

20 (2) pertains to participation in, compliance 

21 with, implementation of, or the furnishing of infor22 mation regarding restrictive trade practices or boy23 cotts fostered or imposed by foreign countries against 

24 other countries. 

25 (g) PENALTIES.— 


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1 (1) UNLAWFUL ACTS.—It shall be unlawful for a 

2 person to violate, attempt to violate, conspire to vio3 late, or cause a violation of this section or of any reg4 ulation or order issued under this section. 

5 (2) CRIMINAL PENALTY.—A person who, with 

6 knowledge or intent, commits, attempts to commit, or 

7 conspires to commit, or aids or abets in the commis8 sion of, an unlawful act described in subsection (d) 

9 shall, upon conviction, be fined not more than 

10 $1,000,000, or, if a natural person, be imprisoned for 

11 not more than 20 years, or both. 

12 (3) CIVIL PENALTIES.— 

13 (A) AUTHORITY.—The President may im14 pose the following civil penalties on a person for 

15 each violation by that person of this section or 

16 any regulation or order issued under this section, 

17 for each violation: 

18 (i) A fine of not more than $250,000. 

19 (ii) A prohibition on the person’s abil20 ity to export any goods, technology, or serv21 ices, whether or not a license has been 

22 issued previously to authorize such an ex23 port. 

24 (B) PROCEDURES.—Any civil penalty 

25 under this subsection may be imposed only after 


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1 notice and opportunity for an agency hearing on 

2 the record in accordance with sections 554 

3 through 557 of title 5, United States Code, and 

4 shall be subject to judicial review in accordance 

5 with chapter 7 of such title. 

6 (C) STANDARDS FOR LEVELS OF CIVIL PEN7 ALTY.—The President may by regulation provide 

8 standards for establishing levels of civil penalty 

9 under this paragraph based upon the seriousness 

10 of the violation, the culpability of the violator, 

11 and the violator’s record of cooperation with the 

12 Government in disclosing the violation. 

13 (h) ANNUAL REPORT.—Not later than 180 days after 

14 the date of the enactment of this Act and annually there15 after, the President shall transmit to Congress a report on 

16 the implementation and enforcement of this section and on 

17 additional steps taken by the United States to bring about 

18 the termination of the Arab League boycott of Israel and 

19 to encourage Arab League states to normalize their relations 

20 with Israel. 

21 (i) DEFINITION.—In this section, the term ‘‘United 

22 States person’’— 

23 (1) means— 

24 (A) any United States resident or national; 


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1 (B) any domestic concern (including any 

2 permanent domestic establishment of any foreign 

3 concern); and 

4 (C) any foreign subsidiary or affiliate (in5 cluding any permanent foreign establishment) of 

6 any domestic concern that is controlled in fact 

7 by such domestic concern, as determined under 

8 regulations of the President; but 

9 (2) does not include an individual resident out10 side the United States who is employed by a person 

11 other than a person described in paragraph (1). 

12 SEC. 1104. AMERICAN MATERIALS REQUIRED FOR PUBLIC 

13 USE OF CERTAIN FUNDS. 

14 (a) IN GENERAL.— 

15 (1) ALLOWABLE MATERIALS.—Notwithstanding 

16 any other provision of law, only unmanufactured ar17 ticles, materials, and supplies that have been mined 

18 or produced in the United States, and only manufac19 tured articles, materials, and supplies that have been 

20 manufactured in the United States substantially all 

21 from articles, materials, or supplies mined, produced, 

22 or manufactured in the United States, shall be ac23 quired for public use with funds authorized to be ap24 propriated by this Act or any amendment made by 

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1 less the Secretary of State determines their acquisi2 tion to be inconsistent with the public interest or 

3 their cost to be unreasonable. 

4 (2) EXCEPTIONS.—This section does not apply— 

5 (A) to articles, materials, or supplies for use 

6 outside the United States unless they are ac7 quired for operations of the Department of State 

8 on a regular basis and not needed on an urgent 

9 basis; 

10 (B) if articles, materials, or supplies of the 

11 class or kind to be used, or the articles, mate12 rials, or supplies from which they are manufac13 tured, are not mined, produced, or manufactured 

14 in the United States in sufficient and reasonably 

15 available commercial quantities and are not of a 

16 satisfactory quality; and 

17 (C) to manufactured articles, materials, or 

18 supplies procured under any contract with an 

19 award value that is not more than $3,000. 

20 (b) DEFINITIONS.—In this section: 

21 (1) PUBLIC BUILDING, PUBLIC USE, AND PUBLIC

22 WORK.—The terms ‘‘public building’’, ‘‘public use’’, 

23 and ‘‘public work’’ mean a public building of, use by, 

24 and a public work of, the Federal Government, the 


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1 District of Columbia, Puerto Rico, Guam, American 

2 Samoa, and the Virgin Islands. 

3 (2) UNITED STATES.—The term ‘‘United States’’ 

4 includes any place subject to the jurisdiction of the 

5 United States. 

6 (c) RULE OF CONSTRUCTION.—This section shall be 

7 applied in a manner consistent with United States obliga8 tions under international agreements. 

9 SEC. 1105. PROHIBITION ON DISCLOSURE OF POLITICAL 

10 CONTRIBUTIONS IN SUBMITTING OFFERS 

11 FOR DEPARTMENT OF STATE CONTRACTS. 

12 (a) PROHIBITION.—The Secretary of State may not re13 quire an entity submitting an offer for a contract with the 

14 Department of State or otherwise participating in acquisi15 tion of property or services by the Department of State to 

16 disclose any of the following information as a condition of 

17 submitting the offer or otherwise participating in such ac18 quisition: 

19 (1) Any payment consisting of a contribution, 

20 expenditure, independent expenditure, or disburse21 ment for an electioneering communication that is 

22 made by the entity, its officers or directors, or any of 

23 its affiliates or subsidiaries to a candidate for election 

24 for Federal office or to a political committee, or that 


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1 is otherwise made with respect to any election for 

2 Federal office. 

3 (2) Any disbursement of funds (other than a 

4 payment described in paragraph (1)) made by the en5 tity, its officers or directors, or any of its affiliates or 

6 subsidiaries to any individual or entity with the in7 tent or the reasonable expectation that the individual 

8 or entity will use the funds to make a payment de9 scribed in paragraph (1). 

10 (b) NO EFFECT ON OTHER DISCLOSURE REQUIRE11 MENTS.—Nothing in this section may be construed to waive 

12 or otherwise affect the application to an entity described 

13 in subsection (a) of any provision of law that requires the 

14 entity to disclose information on contributions, expendi15 tures, independent expenditures, or electioneering commu16 nications. 

17 (c) DEFINITIONS.—In this section— 

18 (1) each of the terms ‘‘contribution’’, ‘‘expendi19 ture’’, ‘‘independent expenditure’’, ‘‘electioneering 

20 communication’’, ‘‘candidate’’, ‘‘election’’, and ‘‘Fed21 eral office’’ has the meaning given each such term in 

22 the Federal Election Campaign Act of 1971 (2 U.S.C. 

23 431 et seq.); and 


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1 (2) the term ‘‘acquisition’’ has the meaning given 

2 that term in section 131 of title 41, United States 

3 Code. 

4 SEC. 1106. PROTECTION OF INTELLECTUAL PROPERTY 

5 RIGHTS. 

6 (a) RESOURCES TO PROTECT INTELLECTUAL PROP7 ERTY RIGHTS.—The Secretary of State shall ensure that the 

8 protection in foreign countries of the intellectual property 

9 rights of United States persons in other countries is a sig10 nificant component of United States foreign policy in gen11 eral and in relations with individual countries. The Sec12 retary of State, in consultation with the Director General 

13 of the United States and Foreign Commercial Service and 

14 the heads of other agencies as appropriate, shall ensure that 

15 adequate resources are available at diplomatic and consular 

16 missions in any country that is identified under section 

17 182(a)(1) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1)) 

18 to ensure— 

19 (1) support for enforcement action against viola20 tions of the intellectual property rights of United 

21 States persons in such country; and 

22 (2) cooperation with and support for the host 

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1 ernment to fulfill its international and bilateral obli2 gations with respect to intellectual property rights. 

3 (b) NEW APPOINTMENTS.— 

4 (1) APPOINTMENTS.—The Secretary of State, in 

5 consultation with the Director General of the United 

6 States and Foreign Commercial Service, shall appoint 

7 at least one intellectual property attache ́ to serve in 

8 a United States embassy or other diplomatic or con9 sular mission in a country in each geographic region 

10 covered by a regional bureau of the Department of 

11 State. The appointments under the preceding sentence 

12 shall be in addition to personnel serving, on the date 

13 of the enactment of this Act, in the capacity of intel14 lectual property attache ́s from any department or 

15 agency of the United States at United States embas16 sies or other diplomatic missions. 

17 (2) REGIONS DEFINED.—The geographic regions 

18 referred to in paragraph (1) are the following: 

19 (A) Africa. 

20 (B) Europe and Eurasia. 

21 (C) East Asia and the Pacific. 

22 (D) The Near East. 

23 (E) South and Central Asia and the Pa24 cific. 

25 (F) The Western Hemisphere. 


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1 (c) PRIORITY ASSIGNMENTS.— 

2 (1) IN GENERAL.—Subject to paragraph (2), in 

3 designating the embassies or other diplomatic or con4 sular missions to which attaches are assigned under 

5 subsection (b), the Secretary of State shall give pri6 ority to those countries where the activities of an 

7 attache ́ may be carried out with the greatest potential 

8 benefit to reducing intellectual property infringement 

9 in the United States market, to protecting the intellec10 tual property rights of United States persons and 

11 their licensees, and to protecting the interests of 

12 United States persons otherwise harmed by violations 

13 of intellectual property rights in those countries. 

14 (2) ASSIGNMENTS TO PRIORITY COUNTRIES.—In 

15 carrying out paragraph (1), the Secretary of State 

16 shall consider assigning intellectual property 

17 attache ́s— 

18 (A) to the countries that have been identi19 fied under section 182(a)(1) of the Trade Act of 

20 1974 (19 U.S.C. 2242(a)(1)); 

21 (B) to the country where the Organization 

22 for Economic Cooperation and Development has 

23 its headquarters; and 


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1 (C) to countries recommended by the Intel2 lectual Property Enforcement Coordinator and 

3 the heads of other appropriate agencies. 

4 (d) TRAINING.—The Secretary of State shall ensure 

5 that each attache ́ appointed under subsection (b) is fully 

6 trained for the responsibilities of the position before assum7 ing duties at the United States embassy or other diplomatic 

8 or consular mission in question. 

9 (e) COORDINATION.—The activities of intellectual 

10 property attache ́s under this section shall be carried out in 

11 coordination with the Intellectual Property Enforcement 

12 Coordinator. 

13 (f) REPORT TO CONGRESS.— 

14 (1) IN GENERAL.—The Secretary of State shall 

15 submit to Congress, not later than December 31 of 

16 each year, a report on the appointment, designation 

17 for assignment, and activities of all intellectual prop18 erty attache ́s of any Federal department or agency 

19 who are serving at United States embassies or other 

20 diplomatic or consular missions. 

21 (2) IN GENERAL.—Each report under paragraph 

22 (1) shall include the following: 

23 (A) An outline of the specific duties and re24 sponsibilities undertaken by the intellectual 

25 property attache ́s. 


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1 (B) A description of the progress, or lack 

2 thereof, in the preceding 1-year period, regarding 

3 the resolution of general and specific intellectual 

4 property disputes in each country identified 

5 under section 182(a)(1) of the Trade Act of 1974 

6 (19 U.S.C. 2242(a)(1)), including any changes 

7 by the host government in applicable laws and 

8 regulations and their enforcement. 

9 (C) An assessment of the obstacles pre10 venting the host government of each country de11 scribed in subparagraph (B) from implementing 

12 adequate measures to fulfill its international and 

13 bilateral obligations with respect to intellectual 

14 property rights. 

15 (D) An assessment of the adequacy of the re16 sources of the Department of State employed to 

17 carry out this section and, if necessary, an as18 sessment of the need for additional resources for 

19 such purposes. 

20 (g) DEFINITIONS.—In this section: 

21 (1) INTELLECTUAL PROPERTY ENFORCEMENT CO22 ORDINATOR.—The term ‘‘Intellectual Property En23 forcement Coordinator’’ means the Intellectual Prop24 erty Enforcement Coordinator appointed under sec25 tion 301 of the Prioritizing Resources and OrganizaVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00206 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 tion for Intellectual Property Act of 2008 (15 U.S.C. 

2 8111). 

3 (2) INTELLECTUAL PROPERTY RIGHTS.—The 

4 term ‘‘intellectual property rights’’ means the rights 

5 of holders of copyrights, patents, trademarks, other 

6 forms of intellectual property, and trade secrets. 

7 (3) UNITED STATES PERSON.—The term ‘‘United 

8 States person’’ means— 

9 (A) any United States resident or national; 

10 (B) any corporation, partnership, other 

11 business entity, or other organization, that is or12 ganized under the laws of the United States; and 

13 (C) any foreign subsidiary or affiliate (in14 cluding any permanent foreign establishment) of 

15 any corporation, partnership, business entity, or 

16 organization described in subparagraph (B), that 

17 is controlled in fact by such corporation, part18 nership, business entity, or organization. 

19 (h) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amounts authorized to be appropriated by this Act, or any 

21 amendments made by this Act, there are authorized to be 

22 appropriated amounts necessary for the training and sup23 port of the intellectual property attaches appointed under 

24 subsection (b). 


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1 SEC. 1107. INTER-COUNTRY ADOPTION STRATEGY. 

2 (a) IN GENERAL.—Not later than December 31, 2012, 

3 the Secretary of State should develop and define a strategy 

4 for inter-country adoptions between the United States and 

5 foreign countries with over 100 adoptions into the United 

6 States per year. 

7 (b) MATTERS TO BE INCLUDED.—The strategy de8 scribed in subsection (a) should include— 

9 (1) principles to guide the efforts of the Depart10 ment of State to encourage and support countries to 

11 ratify the Hague Convention on Protection of Chil12 dren and Cooperation in Respect of Inter-country 

13 Adoption (‘‘Hague Convention’’); 

14 (2) a statement highlighting the United States 

15 commitment to the Hague Convention and a sum16 mary of its most significant provisions; 

17 (3) recommendations on bridging and coordi18 nating the various policies of the Hague Convention, 

19 the States, United States courts, and United States 

20 Government departments; and 

21 (4) specific methods to encourage compliance 

22 with post-adoption reporting and monitoring. 

23 (c) SENSE OF CONGRESS.—Congress supports the De24 partment of State’s ongoing efforts to assist countries in 

25 amending their adoptions policies in order to come into 

26 alignment with the Hague Convention. 


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1 SEC. 1108. CLARIFICATION OF SENSITIVE TECHNOLOGIES 

2 FOR PURPOSES OF PROCUREMENT BAN. 

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

4 (1) The Government of Iran continues to disrupt 

5 the free flow of information to the people of Iran. 

6 (2) The Government of Iran continues to utilize 

7 information technology to conduct surveillance of dis8 sidents’ communications in an effort to repress oppo9 nents of the regime. 

10 (3) Congress passed the Comprehensive Iran 

11 Sanctions, Accountability, and Divestment Act of 

12 2010 (CISADA) (which was enacted into law on July 

13 1, 2010) to increase pressure on the Iranian regime 

14 to abandon nefarious policies, including the develop15 ment of nuclear weapons, support for international 

16 terrorism, and violations of internationally recog17 nized human rights. 

18 (4) Section 106 of that Act provides for sanctions 

19 against firms that provide Iran with sensitive tech20 nologies that allow the Government of Iran to mon21 itor, disrupt, or filter the free flow of information to 

22 and from the people of Iran. 

23 (5) On September 23, 2010, the President dele24 gated authorities provided under section 106 of that 

25 Act to the Secretary of State. 


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1 (6) On June 30, 2011, the Government Account2 ability Office issued a report, pursuant to section 106 

3 of that Act and other legislation, entitled ‘‘Iran Com4 munications Blocking’’ (GAO–11–706R). 

5 (7) That report notes that the Department of 

6 State has not identified any firms that have provided 

7 Iran with such sensitive technology, and that the De8 partment of State has no intention ‘‘to further refine 

9 the definition of sensitive technologies beyond hard10 ware, software, telecommunications equipment, or 

11 any other technology the President determines is to be 

12 used to monitor, filter, or disrupt information and 

13 communication flows in Iran’’. The report further 

14 notes that many communications technologies may be 

15 used for legitimate purposes as well as disruption and 

16 surveillance, making a determination of the buyer’s or 

17 seller’s intent difficult to discern. 

18 (8) The report also notes that, according to var19 ious sources, the Government of Iran has developed 

20 ‘‘indigenous’’ capabilities to disrupt and monitor in21 formation and communications in Iran. 

22 (b) RESPONSIBILITIES OF SECRETARY OF STATE.— 

23 The Secretary of State shall— 

24 (1) not later than 90 days after the date of the 

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1 scribe the goods, services, and technologies that will be 

2 considered ‘‘sensitive technologies’’ for purposes of sec3 tion 106 of the Comprehensive Iran Sanctions, Ac4 countability, and Divestment Act of 2010 (22 U.S.C. 

5 8515), and publish those guidelines in the Federal 

6 Register; 

7 (2) determine the types of goods, services, and 

8 technologies that enable any indigenous capabilities 

9 that Iran has to disrupt and monitor information 

10 and communications in that country, and consider 

11 adding descriptions of those items to the guidelines; 

12 and 

13 (3) periodically review, but in no case less than 

14 once each year, the guidelines and, if necessary, 

15 amend the guidelines on the basis of technological de16 velopments and new information regarding transfers 

17 of goods, services, and technologies to Iran and the de18 velopment of Iran’s indigenous capabilities to disrupt 

19 and monitor information and communications in 

20 Iran. 

21 SEC. 1109. CURTAILING THE FREQUENCY OF INTER22 NATIONAL MARITIME PIRACY. 

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

24 (1) Maritime piracy is expanding in frequency, 

25 geographical scope, and cost, representing a growing 


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1 threat to United States national security and even 

2 economic well-being. Somali pirates now operate in a 

3 sea space of approximately 2.5 million square nau4 tical miles, an increase from 1 million square miles 

5 two years ago. 

6 (2) From 2007 to 2010, the number of reported 

7 hijackings increased sevenfold. Last year witnessed the 

8 highest number of successful pirate attacks and hos9 tages taken on record. Somali pirates captured six 

10 times the number of hostages in 2010 than in 2007, 

11 with the length of time held hostage increasing, along 

12 with reports of abuse. Average ransom payments to 

13 Somali pirates have risen to over $4,000,000. 

14 (3) Central to curtailing maritime piracy are 

15 internationally recognized ‘‘best management prac16 tices’’, which entail practical steps ship owners and 

17 seafarers can take to prevent pirate attacks from hap18 pening. ‘‘Best management practices’’ include steps 

19 such as proceeding at full speed through high risk 

20 areas, placing additional lookouts on watches, and 

21 employing physical barriers such as razor wire. 

22 (4) ‘‘Best management practices’’ have been de23 veloped by the shipping industry and are updated 

24 based upon operation experience and lessons learned. 


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1 ‘‘Best Management Practice 3’’, the third version of 

2 the document, was produced in June 2010. 

3 (5) Use of the internationally recognized ‘‘best 

4 management practices’’ have been actively encouraged 

5 by the international Contact Group on Piracy off the 

6 Coast of Somalia, created in January 2009 pursuant 

7 to United Nations Security Council Resolution 1851. 

8 (6) It is estimated that approximately 20 per9 cent of all vessels operating off the Horn of Africa do 

10 not employ these ‘‘best management practices’’. Re11 portedly, it is these ships that make up the vast ma12 jority of ships that are successfully pirated. 

13 (7) On June 15, 2011, Assistant Secretary of 

14 State for Political-Military Affairs Andrew Shapiro 

15 testified before the Subcommittee on Terrorism, Non16 proliferation and Trade of the Committee on Foreign 

17 Affairs of the House of Representatives that, ‘‘The 

18 problem is that the small number of ships that don’t 

19 follow best management practices are responsible for 

20 the vast majority of those that are actually pirat21 ed. . .we need to work with the shipping industry to 

22 put financial pressure and incentives on those who 

23 are not following best management practices and 

24 leading to this problem to take further action.’’. 


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1 (b) DECLARATION OF POLICY.—It shall be the policy 

2 of the United States to publically identify persons who show 

3 continual disregard for internationally-recognized mari4 time best management practices promoted by the Contact 

5 Group on Piracy off the Coast of Somalia, putting the lives 

6 of their crew in jeopardy and contributing to the growing 

7 ransom demands of Somali pirates. 

8 (c) PUBLICATION OF PERSONS WHO SHOW CONTINUAL

9 DISREGARD FOR INTERNATIONALLY-RECOGNIZED MARI10 TIME BEST MANAGEMENT PRACTICES.— 

11 (1) IN GENERAL.—Subject to paragraph (3), not 

12 later than 180 days after the date of the enactment 

13 of this Act and annually thereafter (or more fre14 quently as new information becomes available), the 

15 President shall transmit to the appropriate congres16 sional committees a list of persons who the President 

17 determines continually disregard internationally-rec18 ognized maritime best management practices pro19 moted by the Contact Group on Piracy off the Coast 

20 of Somalia. 

21 (2) PUBLIC AVAILABILITY.—The lists required 

22 under paragraph (1) shall be printed in the Federal 

23 Register. 

24 (3) TERMINATION.— 


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1 (A) CERTIFICATION.—The lists required 

2 under paragraph (1) shall no longer be required 

3 on the date that is 30 days after the date on 

4 which the President certifies to the appropriate 

5 congressional committees that the insufficient use 

6 of internationally recognized ‘‘best management 

7 practices’’ is no longer a contributing factor in 

8 the rise of maritime piracy off the coast of So9 malia. 

10 (B) NOTIFICATION.—The President shall 

11 notify the appropriate congressional committees 

12 not less than 15 days before making a certifi13 cation described in subparagraph (A). 

14 (4) DEFINITIONS.—In this section: 

15 (A) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional 

17 committees’’ means— 

18 (i) the Committee on Foreign Affairs 

19 and the Committee on Armed Services of the 

20 House of Representatives; and 

21 (ii) the Committee on Foreign Rela22 tions and the Committee on Armed Services 

23 of the Senate. 

24 (B) PERSON.—The term ‘‘person’’ means 

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1 ty, or association, including a corporation, part2 nership, or joint venture. 

3 SEC. 1110. UNITED NATIONS HIGH COMMISSIONER FOR 

4 REFUGEES AND RELIGIOUS FREEDOM. 

5 (a) SENSE OF CONGRESS.—It is the sense of Congress 

6 that the United Nations High Commissioner for Refugees 

7 (UNHCR) should, within the next 12 months, accomplish 

8 the following: 

9 (1) A review by UNHCR of the extent to which 

10 UNHCR is processing Religion-Based Refugee Claims 

11 consistent with Article 1A(2) of the 1951 Convention 

12 or the 1967 Protocol relating to the Status of Refu13 gees. 

14 (2) A thorough training of UNHCR staff uti15 lizing the UNHCR Guidelines for Religion-Based Ref16 ugee Claims, including any additional materials nec17 essary based on the review conducted pursuant to 

18 paragraph (1), such as the Department of State’s An19 nual Report on International Religious Freedom 

20 under section 102(b) of the International Religious 

21 Freedom Act of 1998 (22 U.S.C. 6412(b)). 

22 (b) REPORTING.— 

23 (1) IN GENERAL.—Not later than one year after 

24 the date of the enactment of this Act, the Secretary of 

25 State shall submit to the appropriate congressional 


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1 committees a report on whether UNHCR has accom2 plished the measures specified in paragraphs (1) and 

3 (2) of subsection (a), and any new steps UNHCR has 

4 taken to strengthen implementation of the Guidelines 

5 referred to in paragraph (2) of such subsection, with 

6 a particular focus on countries that are contiguous to, 

7 or hosting asylum-seekers from, countries identified as 

8 ‘‘countries of particular concern for religious free9 dom’’ under section 402(b) of the International Reli10 gious Freedom Act of 1998 (22 U.S.C. 6442(b)) or 

11 listed on the ‘‘Watchlist’’ of the United States Com12 mission on International Religious Freedom for viola13 tions of religious freedom. 

14 (2) JUSTIFICATION AND DOCUMENTATION.—If 

15 the Secretary determines in the report under para16 graph (1) that UNHCR has not accomplished the 

17 aforementioned measures, or has not taken any new 

18 steps to address the aforementioned concerns, the Sec19 retary shall submit to the appropriate congressional 

20 committees the justification and documentation pro21 vided by UNHCR, if available, of the reasons why no 

22 such actions were taken. 


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1 SEC. 1111. EXCHANGE PROGRAM FOR WOMEN LEGISLATORS 

2 AND CIVIL SOCIETY LEADERS. 

3 (a) IN GENERAL.—The Secretary of State should en4 courage exchanges between women legislators and civil soci5 ety leaders in politics and decision-making processes. The 

6 Secretary should focus such exchange program on the fol7 lowing countries: 

8 (1) Afghanistan. 

9 (2) The Democratic Republic of the Congo. 

10 (3) Iraq. 

11 (4) Liberia. 

12 (5) South Sudan. 

13 (b) SENSE OF CONGRESS.—These exchanges should 

14 seek to— 

15 (1) expand female participation in international 

16 exchange programs of the Department of State; 

17 (2) promote the advancement of women leaders 

18 in national parliaments and civil society, reduce legal 

19 and discriminatory barriers to women’s civil, edu20 cational, and economic equality; and 

21 (3) promote the human and civil rights of 

22 women and inclusion in decision-making structures 

23 as fundamental components of democratic governance, 

24 stability, and economic development. 


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1 SEC. 1112. NATIONAL INTEREST WAIVER UNDER THE CHILD 

2 SOLDIERS PREVENTION ACT OF 2008. 

3 Section 404(c) of the Child Soldiers Prevention Act of 

4 2008 (22 U.S.C. 2370c–1(c)) is amended to read as follows: 

5 ‘‘(c) NATIONAL INTEREST WAIVER.—The President 

6 may waive the application to a country of the prohibition 

7 in subsection (a) if— 

8 ‘‘(1) the President determines that such waiver is 

9 in the national interest of the United States; and 

10 ‘‘(2) the President provides to the appropriate 

11 congressional committees at least 15 days in advance 

12 of exercising the waiver a justification for granting 

13 such a waiver, including a certification that the gov14 ernment of the country has taken credible and 

15 verifiable steps to implement a plan of action to end 

16 the recruitment and use of child soldiers, including 

17 the demobilization of child soldiers.’’. 

18 Subtitle B—Country-specific 

19 Provisions 

20 SEC. 1121. AZORES COOPERATIVE INITIATIVE PROGRAM. 

21 (a) AUTHORIZATION.—The Secretary of State is au22 thorized to support the Azores Cooperative Initiative Pro23 gram, to provide bilateral cooperation, expertise, and re24 sources to design and implement solutions pursuant to the 

25 provisions of the 1995 agreement between the United States 

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1 vironment, and agriculture in order to further Luso-Amer2 ican relations, including support for the following Program 

3 activities: 

4 (1) Integrated pest management program for 

5 horticultural crops in the Azores, Portugal. 

6 (2) Establishment of aquacultural research in the 

7 Azores. 

8 (3) Sustainable fisheries in the Azores. 

9 (4) Improvements to the Azores health care sys10 tem, including epidemiology and control of Lepto11 spirosis in the Azores. 

12 (5) Geological risk monitoring. 

13 (6) Tourism promotion. 

14 (7) Assistance in economic policy analysis. 

15 (8) Technical cooperation for rural development. 

16 (9) Export promotion of Azorean products. 

17 (10) Training exchanges with regard to the ac18 tivities described in paragraphs (1) through (9). 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—To carry 

20 out subsection (a), there is authorized to be appropriated 

21 to the Secretary $200,000 for fiscal year 2012 from existing 

22 funds of the Department of State. 


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1 SEC. 1122. UNITED STATES EMBASSIES IN CARIBBEAN 

2 COUNTRIES. 

3 (a) SENSE OF CONGRESS.—It is the sense of Congress 

4 that— 

5 (1) the Department of State should establish em6 bassies in Antigua and Barbuda, Dominica, St. Kitts 

7 and Nevis, St. Lucia, and St. Vincent and the Grena8 dines, where the United States does not now have em9 bassies; 

10 (2) the United States Embassy in St. George’s, 

11 Grenada, should serve as a model for future United 

12 States embassies in such countries; 

13 (3) as the very large United States diplomatic 

14 presence diminishes in Afghanistan and Iraq over 

15 time, the Department of State should re-assign five of 

16 those diplomatic billets to the five Caribbean countries 

17 identified in paragraph (1); 

18 (4) between the time of passage of this Act and 

19 the coming reduction in the number of Department of 

20 State Foreign Service officers in Iraq and Afghani21 stan, the Department of State should plan for the es22 tablishment of embassies in the five Caribbean coun23 tries identified in paragraph (1); and 

24 (5) such embassies should be established not later 

25 than ten years after the date of enactment of this Act. 

26 (b) REPORT, CONDITIONALITY, AND EXCEPTION.— 


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1 (1) NOTIFICATION.—The Secretary of State shall 

2 notify the appropriate congressional committees when 

3 the total number of Foreign Service officers in the 

4 United States embassies in Iraq and Afghanistan has 

5 been reduced by 20 percent as compared to the total 

6 number of such officers as of the date of the enactment 

7 of this Act. 

8 (2) WITHHOLDING OF FUNDS.—Except as pro9 vided in paragraph (3), if United States embassies 

10 have not been established in the five Caribbean coun11 tries identified in subsection (a)(1) by the date that 

12 the total number of Foreign Service officers in United 

13 States embassies in Iraq and Afghanistan has been 

14 reduced by 20 percent under paragraph (1) of this 

15 subsection, notwithstanding any other provision of 

16 law, five percent of the amounts otherwise made 

17 available to the Overseas Building Operations account 

18 of the Department of State shall be withheld until 

19 such time as such embassies are established. 

20 (3) EXCEPTION FOR DELAY.—The Secretary of 

21 State may delay for up to one year the establishment 

22 of the United States embassies in the five Caribbean 

23 countries identified in subsection (a)(1) if the Sec24 retary determines that more time is needed to estab25 lish such embassies and submits to the appropriate 


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1 congressional committees a report explaining the rea2 son for such delay. 

3 (4) LIMITATION ON ADDITIONAL FUNDING.—To 

4 establish the United States embassies in the five Car5 ibbean countries identified in subsection (a)(1), the 

6 Secretary of State may use only amounts that are 

7 available to the Department of State for such purpose. 

8 SEC. 1123. LIMITATION ON FUNDS FOR U.S.-CHINA CENTER 

9 OF EXCELLENCE ON NUCLEAR SECURITY. 

10 No funds are authorized to be appropriated for the es11 tablishment or operation of the U.S.-China Center of Excel12 lence on Nuclear Security resulting from the agreement 

13 signed in January 2011 between the National Nuclear Se14 curity Administration and the China Atomic Energy Au15 thority, unless the President determines that the provision 

16 of such funds are in the national security interest of the 

17 United States by contributing to efforts to prevent terrorists 

18 from obtaining radioactive materials that could be used in 

19 an explosive device. 

20 SEC. 1124. VISAS FOR CERTAIN CITIZENS OF THE PEOPLE’S 

21 REPUBLIC OF CHINA. 

22 (a) IN GENERAL.—The Secretary of State shall seek 

23 to enter into an agreement with the People’s Republic of 

24 China regarding the issuance of visas under section 

25 101(a)(15)(I) of the Immigration and Nationality Act (8 


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1 U.S.C. 1101(a)(15)(I)) to an alien who is a state-controlled 

2 media worker from the People’s Republic of China only on 

3 a one-for-one basis with an employment-based visa issued 

4 by the People’s Republic of China to a citizen or national 

5 of the United States who is employed by the Broadcasting 

6 Board of Governors. 

7 (b) DEFINITIONS.—In this section— 

8 (1) the term ‘‘state-controlled media worker from 

9 the People’s Republic of China’’ means a representa10 tive of a media organization owned, operated, or con11 trolled by the People’s Republic of China, including— 

12 (A) China Central Television; 

13 (B) China Daily; 

14 (C) China National Radio; 

15 (D) China News Service; 

16 (E) China Radio International; 

17 (F) China Youth Daily; 

18 (G) Economic Daily; 

19 (H) Global Times; 

20 (I) Guangming Daily; 

21 (J) Legal Daily; 

22 (K) Liberation Army Daily; 

23 (L) People’s Daily; or 

24 (M) Xinhua News Agency; and 


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1 (2) the term ‘‘Broadcasting Board of Governors’’ 

2 means— 

3 (A) the entity described under the United 

4 States International Broadcasting Act of 1994; 

5 and 

6 (B) any other entity that engages in broad7 casting activities as a result of such Act. 

8 SEC. 1125. REPORT ON THE INFLUENCE OF THE PEOPLE’S 

9 REPUBLIC OF CHINA IN SOUTHWEST ASIA. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act and annually thereafter 

12 for the next 2 years, the Secretary of State shall submit 

13 to the appropriate congressional committees a report detail14 ing— 

15 (1) the extent of strategic ties between the Peo16 ple’s Republic of China and Pakistan, including arms 

17 transfers, technological and military assistance (in18 cluding nuclear and missile capabilities), intelligence 

19 cooperation, ties to senior Pakistani civilian and 

20 military leaders, commercial and defense industrial 

21 base development, and efforts to expand strategic in22 frastructure in Pakistan (such as roads, airfields, 

23 ports) and its motives for doing so; and 

24 (2) China’s strategic interests in Afghanistan, 

25 including with respect to security, investment and 


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1 trade, as well as the interrelationship between Chinese 

2 policy toward Afghanistan and Pakistan, respectively. 

3 (b) PUBLIC RELEASE OF REPORT.—The report re4 quired under subsection (a) may be submitted in classified 

5 and unclassified form, but the unclassified portion of the 

6 report shall be published on the website of the Department 

7 of State. 

8 SEC. 1126. ENFORCEMENT OF UNITED STATES REGULA9 TIONS ON TRAVEL TO CUBA. 

10 The President shall fully enforce all United States reg11 ulations as in effect on January 19, 2009, on travel to Cuba 

12 and impose the corresponding penalties against individuals 

13 determined to be in violation of such regulations. 

14 SEC. 1127. MEASURES SUPPORTING THE REUNIFICATION 

15 OF CYPRUS. 

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

17 to continue to support measures aimed at the reunification 

18 of Cyprus and to provide assistance to Cyprus only for pro19 grams and activities that are consistent with the goal of 

20 reunification of Cyprus and the achievement of a bi-com21 munal, bi-zonal federation. 

22 (b) CONSULTATION.—The President shall, to the max23 imum extent practicable, consult with the Government of 

24 the Republic of Cyprus with respect to the provision of 


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1 United States assistance in Cyprus in order to ensure the 

2 transparency of such assistance. 

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

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

5 amended in the second sentence— 

6 (1) by striking ‘‘60-day’’ and inserting ‘‘90- 

7 day’’; and 

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

9 following: ‘‘, including a detailed description of pro10 grams and activities funded by the United States to 

11 help achieve the reunification of Cyprus’’. 

12 SEC. 1128. PENDING CLAIMS AGAINST THE KINGDOM OF 

13 SAUDI ARABIA. 

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

15 (1) On May 19, 1992, the Subcommittee on Eu16 rope and the Near East of the Committee on Foreign 

17 Affairs of the House of Representatives held a hearing 

18 concerning commercial abuses experienced by United 

19 States companies in Saudi Arabia and brought the 

20 matter to the attention of the Saudi Embassy. 

21 (2) As a result of the May 19, 1992, hearing, 

22 outstanding claims by United States companies 

23 against the Kingdom of Saudi Arabia resulted in the 

24 initiation by the Committee on Foreign Affairs of the 

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1 eign Relations of the Senate of a special claims proc2 ess to resolve the claims, which was included in subse3 quent legislation. 

4 (3) Failure to resolve all such claims has set a 

5 poor precedent for dispute resolution processes and 

6 trade relations between the United States and the 

7 Kingdom of Saudi Arabia. 

8 (b) SENSE OF CONGRESS.—It is the sense of Congress 

9 that the Secretary of State should— 

10 (1) immediately engage with the Kingdom of 

11 Saudi Arabia to resolve any outstanding claims de12 scribed in subsection (a) through the special claims 

13 process described in that subsection; and 

14 (2) take this matter into account when reviewing 

15 United States relations with the Kingdom of Saudi 

16 Arabia, including with respect to current and future 

17 trade agreements and related activities. 

18 (c) REPORT.—The Secretary of State shall, not later 

19 than 30 days after the date of the enactment of this Act, 

20 and not later than 120 days thereafter, submit to the appro21 priate congressional committees a report on the progress 

22 achieved in resolving any remaining claims described in 

23 subsection (a). 

24 SEC. 1129. PROMOTION OF HUMAN RIGHTS IN VIETNAM. 

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


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1 (1) The relationship between the United States 

2 and the Socialist Republic of Vietnam has grown sub3 stantially since the end of the trade embargo in 1994, 

4 with annual trade between the two countries exceed5 ing $15,300,000,000 in 2009. 

6 (2) The Government of Vietnam’s transition to7 ward greater economic freedom and trade has not 

8 been matched by greater political freedom and sub9 stantial improvements in basic human rights for Viet10 namese citizens, including freedom of religion, expres11 sion, association, and assembly. 

12 (3) The United States Congress agreed to Viet13 nam becoming an official member of the World Trade 

14 Organization in 2006, amidst assurances that the 

15 Government of Vietnam was steadily improving its 

16 human rights record and would continue to do so. 

17 (4) Vietnam remains a one-party state, ruled 

18 and controlled by the Communist Party of Vietnam 

19 (CPV), which continues to deny the right of citizens 

20 to change their Government. 

21 (5) Although in recent years the National Assem22 bly of Vietnam has played an increasingly active role 

23 as a forum for highlighting local concerns, corruption, 

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1 tains control over the selection of candidates in na2 tional and local elections. 

3 (6) The Government of Vietnam forbids public 

4 challenge to the legitimacy of the one-party state, re5 stricts freedoms of opinion, the press, and association 

6 and tightly limits access to the Internet and tele7 communication. 

8 (7) Since Vietnam’s accession to the WTO on 

9 January 11, 2007, the Government of Vietnam arbi10 trarily arrested and imprisoned numerous individ11 uals for their peaceful advocacy of religious freedom, 

12 democracy, and human rights, including Father 

13 Nguyen Van Ly, human rights lawyers Nguyen Van 

14 Dai, Le Thi Cong Nhan, Cu Huy Ha Vu, and Le 

15 Cong Dinh, and bloggers Nguyen Van Hai and Phan 

16 Thanh Hai. 

17 (8) The Government of Vietnam continues to de18 tain, imprison, place under house arrest, convict, or 

19 otherwise restrict persons for the peaceful expression 

20 of dissenting political or religious views. 

21 (9) The Government of Vietnam has also failed 

22 to improve labor rights, continues to arrest and har23 ass labor leaders, and restricts the right to organize 

24 independently. 


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1 (10) The Government of Vietnam continues to 

2 limit the freedom of religion, restrict the operations of 

3 independent religious organizations, and persecute be4 lievers whose religious activities the Government re5 gards as a potential threat to its monopoly on power. 

6 (11) Despite reported progress in church open7 ings and legal registrations of religious venues, the 

8 Government of Vietnam has halted most positive ac9 tions with respect to religious freedom since the De10 partment of State lifted the ‘‘country of particular 

11 concern’’ (CPC) designation for Vietnam in November 

12 2006. 

13 (12) The Government of Vietnam controls all 

14 print and electronic media, including access to the 

15 Internet, jams the signals of some foreign radio sta16 tions, including Radio Free Asia, and has detained 

17 and imprisoned individuals who have posted, pub18 lished, sent, or otherwise distributed democracy-re19 lated materials. 

20 (13) People arrested in Vietnam because of their 

21 political or religious affiliations and activities often 

22 are not accorded due legal process as they lack full ac23 cess to lawyers of their choice, may experience closed 

24 trials, have often been detained for years without 

25 trial, and have been subjected to the use of torture to 


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1 admit crimes they did not commit or to falsely de2 nounce their own leaders. 

3 (14) Vietnam continues to be a source country 

4 for the commercial sexual exploitation and forced 

5 labor of women and girls, as well as for men and 

6 women legally entering into international labor con7 tracts who subsequently face conditions of debt bond8 age or forced labor, and is a destination country for 

9 child trafficking and continues to have internal 

10 human trafficking. 

11 (15) Although the Government of Vietnam re12 ports progress in combating human trafficking, it 

13 does not fully comply with the minimum standards 

14 for the elimination of trafficking, and is not making 

15 substantial efforts to comply. 

16 (16) United States refugee resettlement pro17 grams, including the Humanitarian Resettlement 

18 (HR) Program, the Orderly Departure Program 

19 (ODP), Resettlement Opportunities for Vietnamese 

20 Returnees (ROVR) Program, general resettlement of 

21 boat people from refugee camps throughout Southeast 

22 Asia, the Amerasian Homecoming Act of 1988, and 

23 the Priority One Refugee resettlement category, have 

24 helped rescue Vietnamese nationals who have suffered 

25 persecution on account of their associations with the 


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1 United States or, in many cases, because of such asso2 ciations by their spouses, parents, or other family 

3 members, as well as other Vietnamese nationals who 

4 have been persecuted because of race, religion, nation5 ality, political opinion, or membership in a par6 ticular social group. 

7 (17) While previous programs have served their 

8 purposes well, a significant number of eligible refu9 gees from Vietnam were unfairly denied or excluded, 

10 including Amerasians, in some cases by vindictive or 

11 corrupt Vietnamese officials who controlled access to 

12 the programs, and in others by United States per13 sonnel who imposed unduly restrictive interpretations 

14 of program criteria. In addition, the Government of 

15 Vietnam has denied passports to persons who the 

16 United States has found eligible for refugee admis17 sion. 

18 (18) Congress has passed numerous resolutions 

19 condemning human rights abuses in Vietnam, indi20 cating that although there has been an expansion of 

21 relations with the Government of Vietnam, it should 

22 not be construed as approval of the ongoing and seri23 ous violations of fundamental human rights in Viet24 nam. 


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1 (b) PROHIBITION ON INCREASED NONHUMANITARIAN

2 ASSISTANCE TO THE GOVERNMENT OF VIETNAM.— 

3 (1) ASSISTANCE.— 

4 (A) IN GENERAL.—Except as provided in 

5 paragraph (2), the Federal Government may not 

6 provide any nonhumanitarian assistance author7 ized to be appropriated by this Act or any 

8 amendment made by this Act to the Government 

9 of Vietnam during any fiscal year in an amount 

10 that exceeds the amount of such assistance pro11 vided during fiscal year 2011 unless— 

12 (i) the Federal Government provides 

13 assistance supporting the creation and fa14 cilitation of human rights training, civil so15 ciety capacity building, noncommercial rule 

16 of law programming, and exchange pro17 grams between the Vietnamese National As18 sembly and the United States Congress at 

19 levels commensurate with, or exceeding, any 

20 increases in nonhumanitarian assistance to 

21 Vietnam authorized to be appropriated by 

22 this Act or any amendment made by this 

23 Act; 

24 (ii) with respect to the limitation for 

25 fiscal year 2012, the President determines 


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1 and certifies to Congress, not later than 30 

2 days after the date of the enactment of this 

3 Act, that the requirements of clauses (i) 

4 through (vii) of subparagraph (B) have been 

5 met during the 12-month period ending on 

6 the date of the certification; and 

7 (iii) with respect to the limitation for 

8 subsequent fiscal years, the President deter9 mines and certifies to Congress every 12 

10 months after the certification required pur11 suant to clause (ii) of this subparagraph, 

12 that the requirements of subparagraphs (i) 

13 through (vii) of subparagraph (B) have been 

14 met during the 12-month period prior to 

15 such certification. 

16 (B) REQUIREMENTS.—The requirements of 

17 this subparagraph are the following: 

18 (i) The Government of Vietnam has 

19 made substantial progress toward releasing 

20 all political and religious prisoners from 

21 imprisonment, house arrest, and other forms 

22 of detention. 

23 (ii) The Government of Vietnam has 

24 made substantial progress toward— 


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1 (I) respecting the right to freedom 

2 of religion, including the right to par3 ticipate in religious activities and in4 stitutions without interference, harass5 ment, or involvement of the Govern6 ment, for all of Vietnam’s diverse reli7 gious communities; and 

8 (II) returning estates and prop9 erties confiscated from the churches 

10 and religious communities. 

11 (iii) The Government of Vietnam has 

12 made substantial progress toward respecting 

13 the right to freedom of expression, assembly, 

14 and association, including the release of 

15 independent journalists, bloggers, and de16 mocracy and labor activists. 

17 (iv) The Government of Vietnam has 

18 made substantial progress toward repealing 

19 or revising laws that criminalize peaceful 

20 dissent, independent media, unsanctioned 

21 religious activity, and nonviolent dem22 onstrations and rallies, in accordance with 

23 international standards and treaties to 

24 which Vietnam is a party. 


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1 (v) The Government of Vietnam has 

2 made substantial progress toward allowing 

3 Vietnamese nationals free and open access 

4 to United States refugee programs. 

5 (vi) The Government of Vietnam has 

6 made substantial progress toward respecting 

7 the human rights of members of all ethnic 

8 and minority groups. 

9 (vii) Neither any official of the Gov10 ernment of Vietnam nor any agency or enti11 ty wholly or partly owned by the Govern12 ment of Vietnam was complicit in a severe 

13 form of trafficking in persons, or the Gov14 ernment of Vietnam took all appropriate 

15 steps to end any such complicity and hold 

16 such official, agency, or entity fully ac17 countable for its conduct. 

18 (2) EXCEPTION.— 

19 (A) CONTINUATION OF ASSISTANCE IN THE

20 NATIONAL INTEREST.—Notwithstanding the fail21 ure of the Government of Vietnam to meet the re22 quirements of clauses (i) through (vii) of para23 graph (1)(B), the President may waive the ap24 plication of paragraph (1) for any fiscal year if 

25 the President determines that the provision to the 


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1 Government of Vietnam of increased nonhumani2 tarian assistance authorized to be appropriated 

3 by this Act or any amendment made by this Act 

4 would promote the purpose of this section or is 

5 otherwise in the national interest of the United 

6 States. 

7 (B) EXERCISE OF WAIVER AUTHORITY.— 

8 The President may exercise the authority under 

9 subparagraph (A) with respect to— 

10 (i) all United States nonhumanitarian 

11 assistance to Vietnam authorized to be ap12 propriated by this Act or any amendment 

13 made by this Act; or 

14 (ii) one or more programs, projects, or 

15 activities of such assistance. 

16 (3) DEFINITIONS.—In this section: 

17 (A) NONHUMANITARIAN ASSISTANCE.—The 

18 term ‘‘nonhumanitarian assistance’’ means— 

19 (i) any assistance under the Foreign 

20 Assistance Act of 1961 (including programs 

21 under title IV of chapter 2 of part I of that 

22 Act, relating to the Overseas Private Invest23 ment Corporation) authorized to be appro24 priated by this Act or any amendment 

25 made by this Act, other than— 


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1 (I) disaster relief assistance, in2 cluding any assistance under chapter 9 

3 of part I of that Act; 

4 (II) assistance which involves the 

5 provision of food (including monetiza6 tion of food) or medicine; 

7 (III) assistance for refugees; and 

8 (IV) assistance to combat HIV/ 

9 AIDS, including any assistance under 

10 section 104A of that Act; and 

11 (ii) sales, or financing on any terms, 

12 under the Arms Export Control Act. 

13 (B) SEVERE FORMS OF TRAFFICKING IN

14 PERSONS.—The term ‘‘severe form of trafficking 

15 in persons’’ means any activity described in sec16 tion 103(8) of the Trafficking Victims Protection 

17 Act of 2000 (Public Law 106–386 (114 Stat. 

18 1470); 22 U.S.C. 7102(8)). 

19 (c) EFFECTIVE DATE.—This section shall take effect 

20 on the date of the enactment of this Act and shall apply 

21 with respect to the provision of nonhumanitarian assistance 

22 to the Government of Vietnam authorized to be appro23 priated by this Act or any amendment made by this Act 

24 during fiscal year 2012 and subsequent fiscal years. 

25 (d) UNITED STATES PUBLIC DIPLOMACY.— 


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1 (1) RADIO FREE ASIA TRANSMISSIONS TO VIET2 NAM.—It is the policy of the United States to take 

3 such measures as are necessary to overcome the jam4 ming of Radio Free Asia by the Government of Viet5 nam. 

6 (2) UNITED STATES EDUCATIONAL AND CUL7 TURAL EXCHANGE PROGRAMS WITH VIETNAM.—It is 

8 the policy of the United States that programs of edu9 cational and cultural exchange with Vietnam should 

10 actively promote progress toward freedom and democ11 racy in Vietnam by providing opportunities to Viet12 namese nationals from a wide range of occupations 

13 and perspectives to see freedom and democracy in ac14 tion and, also, by ensuring that Vietnamese nationals 

15 who have already demonstrated a commitment to 

16 these values are included in such programs. 

17 (e) REFUGEE RESETTLEMENT FOR NATIONALS OF

18 VIETNAM.—It is the policy of the United States to offer ref19 ugee resettlement to nationals of Vietnam (including mem20 bers of the Montagnard ethnic minority groups) who were 

21 eligible for the Orderly Departure Program (ODP), the Hu22 manitarian Resettlement (HR) Program, the Resettlement 

23 Opportunities for Vietnamese Returnees (ROVR) Program, 

24 the Amerasian Homecoming Act of 1988, or any other 

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1 gible due to administrative error or who for reasons beyond 

2 the control of such individuals (including insufficient or 

3 contradictory information or the inability to pay bribes de4 manded by officials of the Government of Vietnam) were 

5 unable or failed to apply for such programs in compliance 

6 with deadlines imposed by the Department of State. 

7 Subtitle C—Statements of Policy 

8 SEC. 1131. ECUMENICAL PATRIARCHATE. 

9 The United States calls on the Republic of Turkey to— 

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

11 the European Union Constitution, eliminate all forms 

12 of discrimination, particularly those forms based on 

13 race or religion, and immediately— 

14 (A) grant the Ecumenical Patriarchate ap15 propriate international recognition and eccle16 siastic succession; 

17 (B) grant the Ecumenical Patriarchate the 

18 right to train clergy of all nationalities, not just 

19 Turkish nationals; and 

20 (C) respect the human rights and property 

21 rights of the Ecumenical Patriarchate; 

22 (2) pledge to uphold and safeguard religious and 

23 human rights without compromise; and 

24 (3) continue the achievement of processes and 

25 programs to modernize and democratize its society. 


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1 SEC. 1132. SPECIAL ENVOY FOR THE GREAT LAKES REGION 

2 OF AFRICA. 

3 Congress calls on the President to appoint a Special 

4 Envoy for the Great Lakes Region to help coordinate efforts 

5 to resolve the instability and insecurity in Eastern Congo, 

6 as provided in section 107 of the Democratic Republic of 

7 the Congo Relief, Security, and Democracy Promotion Act 

8 of 2006 (Public Law 109–456; 22 U.S.C. 2151 note). 

9 SEC. 1133. LORD’S RESISTANCE ARMY. 

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

11 (1) The Lord’s Resistance Army has terrorized 

12 central Africa for 25 years, and abducted tens of 

13 thousands of children, many of whom have been forced 

14 into child soldiering or sex slavery. 

15 (2) The influence of the Lord’s Resistance Army 

16 spans the border areas of South Sudan, Democratic 

17 Republic of Congo, and Central African Republic. 

18 (3) The Lord’s Resistance Army has become one 

19 of the deadliest rebel group in Congo, and has dis20 placed hundreds of thousands of people across central 

21 Africa, including South Sudan, the world’s newest 

22 country where United States investments in peace 

23 and stability are critical. 

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

25 the United States to implement the Administration’s strat26 egy released in November 2010 to mitigate and eliminate 


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1 the threat to civilians and regional stability posed by the 

2 Lord’s Resistance Army, in accordance with section 4 of 

3 the Lord’s Resistance Army Disarmament and Northern 

4 Uganda Recovery Act of 2009 (Public Law 111–172; 22 

5 U.S.C. 2151 note). 

6 (c) STATEMENT OF POLICY.—It is the policy of the 

7 United States to investigate, hold accountable, and impose 

8 sanctions against any individual or entity responsible for 

9 war crimes and crimes against humanity in the Republic 

10 of Sudan or Republic of South Sudan. 

11 SEC. 1134. CAMP ASHRAF. 

12 It shall be the policy of the United States to— 

13 (1) urge the Government of Iraq to uphold its 

14 commitments to the United States to ensure the con15 tinued well-being of those individuals living in Camp 

16 Ashraf and prevent their involuntary return to Iran 

17 in accordance with the United States Embassy State18 ment on Transfer of Security Responsibility for 

19 Camp Ashraf of December 28, 2008; 

20 (2) take all necessary and appropriate steps in 

21 accordance with international agreements to support 

22 the commitments of the United States to ensure the 

23 physical security and protection of Camp Ashraf resi24 dents; and 


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1 (3) take all necessary and appropriate steps to 

2 prevent the forcible relocation of Camp Ashraf resi3 dents inside Iraq and facilitate the robust presence of 

4 the United Nations Assistance Mission in Iraq in 

5 Camp Ashraf. 

6 SEC. 1135. HUMAN RIGHTS ABUSES BY THE GOVERNMENT 

7 OF SYRIA. 

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

9 (1) The Syrian Arab Republic is governed by an 

10 authoritarian regime which continues to commit mas11 sive, systematic, and extraordinary human rights 

12 abuses, including the use of torture and arbitrary ar13 rest and detention, and the most basic human and po14 litical rights to its citizens. 

15 (2) The Government of Syria continues to ruth16 lessly suppress pro-democracy protests within its bor17 ders and has wantonly killed an estimated 1,500 peo18 ple since the unrest began. 

19 (3) The United States, European Union, and 

20 other responsible nations have imposed sanctions 

21 against the Syrian regime for its extensive human 

22 rights abuses. 

23 (4) The Department of State’s Annual Country 

24 Reports on Human Rights Practices for 2010 states 

25 that— 


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1 (A) the Government of Syria ‘‘systemati2 cally repressed citizens’ ability to change their 

3 government. . . imposed severe restrictions on 

4 civil liberties: freedoms of speech and press, in5 cluding Internet and academic freedom; freedoms 

6 of assembly and of association, including severe 

7 restrictions on nongovernmental organizations 

8 (NGOs); and freedoms of religion and move9 ment’’; and 

10 (B) ‘‘the security forces committed arbitrary 

11 or unlawful killings, caused politically motivated 

12 disappearances, and tortured and physically 

13 abused prisoners and detainees with impunity’’. 

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

15 the United States to— 

16 (1) continue to strongly condemn the Govern17 ment of Syria’s suppression of pro-democracy protests 

18 and its extensive and systematic violations of and de19 nial of the human rights of the Syrian people; and 

20 (2) fully implement and enforce the full range of 

21 United States sanctions against the Government of 

22 Syria pursuant to the Syria Accountability and Leb23 anese Sovereignty Restoration Act of 2003 and other 

24 provisions of law. 


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1 SEC. 1136. RELATIONS WITH RUSSIA. 

2 It shall be the policy of the United States to— 

3 (1) strengthen bilateral relations with Russia, in 

4 the interest of improving global security and the pros5 perity of United States business and commercial enti6 ties; 

7 (2) encourage Russian development of rules to 

8 govern a wide range of issues from services regulation 

9 to foreign investment to intellectual property rights 

10 that will improve the trade and investment climate 

11 and assure reliable partners to United States poten12 tial investors, entrepreneurs, and exporters, under the 

13 conviction that a rules-based system of competition 

14 protects United States interests and builds trust be15 tween countries and peoples; 

16 (3) continue to collaborate with the Russian 

17 Government and civil society to strengthen democracy 

18 and human rights, combat corruption, deepen the rule 

19 of law, and liberalize banking, finance, and other 

20 services, which are initiatives that improve the lives 

21 and livelihoods of Russians, the transparency of their 

22 institutions, and the confidence of their partners; and 

23 (4) continue to collaborate with Russia to resolve 

24 international conflicts and to combat terrorism, pro25 liferation of nuclear weapons and other weapons of 


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1 mass destruction, and environmental degradation 

2 that threaten the global economy and security. 

3 SEC. 1137. COTE D’IVOIRE. 

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

5 (1) The political crisis in Cote d’Ivoire, which 

6 resulted from the disputed November 2010 Presi7 dential election, imperiled the civic, economic, and 

8 human rights of its citizens and the political stability 

9 of the entire sub-region. 

10 (2) With 17 scheduled elections across Africa in 

11 2011, Ivoirian and international acceptance of Mr. 

12 Gbagbo’s electoral claim would have aided and abet13 ted the efforts of those individuals who may seek to 

14 undermine the democratic will of Africa’s citizens and 

15 reversed gains in democracy and governance across 

16 the continent. 

17 (3) On April 11, 2011, Mr. Gbagbo was arrested 

18 and taken into the custody of the forces aligned with 

19 the elected President, thereby creating an opportunity 

20 for the political and security crisis in Cote d’Ivoire 

21 to be resolved and for rule of law to be restored. 

22 (4) The United States has a strong interest in 

23 promoting democracy and peace in Cote d’Ivoire and 

24 across all of Africa. 

25 (b) STATEMENT OF CONGRESS.—Congress— 


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1 (1) supports the democratic aspirations of the 

2 Ivoirian people; 

3 (2) strongly condemns Mr. Gbagbo’s attempt to 

4 circumvent the will of the people of Cote d’Ivoire the 

5 majority of whom voted on November 29, 2010, to 

6 elect Alassane Ouattara as their president; 

7 (3) welcomes the arrest of former president 

8 Laurent Gbagbo and calls upon him to urge his sup9 porters to lay down their weapons and contribute to 

10 peace and reconciliation in the country; 

11 (4) calls for an immediate end to acts of vio12 lence, human rights abuses, the intimidation of 

13 United Nations troops, and the hindrance of United 

14 Nations access to investigate alleged violations of 

15 international human rights and humanitarian law; 

16 (5) asserts that Mr. Gbagbo and his military 

17 and paramilitary forces must be held accountable for 

18 any human rights crimes and abuses that they have 

19 perpetrated against citizens and residents of Cote 

20 d’Ivoire, as must all other persons or entities who 

21 have committed such violations; 

22 (6) calls on the United States Government and 

23 international community to continue to provide sup24 port for the ongoing efforts of the Economic Commu25 nity of West African States and the African Union efVerDate Mar 15 2010 21:24 Sep 23, 2011 Jkt 099200 PO 00000 Frm 00248 Fmt 6652 Sfmt 6203 E:\BILLS\H2583.RH H2583

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1 forts to resolve the Ivoirian crisis, in particular 

2 through support for implementation of the conflict 

3 resolution framework and related recommendations 

4 contained in the Report of the High Level Panel of 

5 the African Union for the Resolution of the Crisis in 

6 Cote d’Ivoire of March 10, 2011; 

7 (7) calls on the United Nations Security Council, 

8 with the support of the elected Government of Cote 

9 d’Ivoire, the African Union, and ECOWAS, to con10 tinue to ensure that legal democratic processes and 

11 international human rights and humanitarian law 

12 are upheld in Cote d’Ivoire, and that there is account13 ability for violations thereof; 

14 (8) supports the application of smart, targeted 

15 sanctions against Mr. Gbagbo and his key supporters 

16 by the United States Government and international 

17 community in order to send a clear message that his 

18 rejection of the democratic process is unacceptable 

19 and that impunity for human rights violations and 

20 economic crimes against the Ivoirian people will not 

21 be tolerated; 

22 (9) supports the Economic Community of West 

23 African States and the African Union’s aggressive 

24 steps to constrict the access of the Gbagbo regime’s ac25 cess to financial resources, including all actions taken 


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1 by the Central Bank of West African States (BCEAO) 

2 of the West African Economic and Monetary Union 

3 (UEMOA) to achieve that end; 

4 (10) calls on the United States Government and 

5 other responsible nations to continue, in a coordi6 nated manner, to provide humanitarian assistance to 

7 those with emergency needs, both within Cote d’Ivoire 

8 and in neighboring countries hosting Ivoirian refu9 gees, as necessary and appropriate; 

10 (11) calls on President Ouattara to demonstrate 

11 restraint and uphold rule of law with respect to the 

12 capture and potential prosecution of Mr. Gbagbo and 

13 his supporters, while demonstrating commitment to 

14 reconciliation and recovery; 

15 (12) calls for an independent, and impartial in16 vestigation of all allegations of mass killings and 

17 other human rights abuses, and calls on President 

18 Ouattara to provide unfettered access and the nec19 essary resources for such an investigation to occur, 

20 with the support of the United States and other re21 sponsible nations, as necessary and appropriate; 

22 (13) calls for the disarmament of all irregular 

23 security forces and militias; and 

24 (14) urges the Government of Cote d’Ivoire to 

25 immediately commence national reconciliation efforts, 


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1 invest in rebuilding infrastructure, facilities, and in2 stitutions damaged as a result of the military and po3 litical crisis, to ensure the safety of all persons resi4 dent within Cote d’Ivoire and, facilitate the safe and 

5 voluntary return of refugees and internally displaced 

6 people. 

7 SEC. 1138. WATER AND SANITATION. 

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

9 (1) The Department of State and the United 

10 States Agency for International Development have 

11 designated Global Health as a policy priority for 

12 United States foreign assistance. 

13 (2) Clean, potable water and adequate sanitation 

14 are indispensable foundations of healthy societies. 

15 (3) Urban areas, where the expansion of slums 

16 reduces access to clean water and proper sanitation, 

17 are particularly prone to the spread of disease. 

18 (4) Diseases related to unsafe water and inad19 equate sanitation account for [80 percent of sicknesses 

20 in developing countries]. 

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

22 the United States to address waterborne illnesses and condi23 tions related to poor sanitation as priorities for United 

24 States global health policy. 


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1 Subtitle D—Sense of Congress 

2 Provisions 

3 PART I—GENERAL PROVISIONS 

4 SEC. 1141. BUREAU OF EDUCATIONAL AND CULTURAL AF5 FAIRS. 

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

7 (1) The Bureau of Educational and Cultural Af8 fairs of the Department of State engages students, 

9 educators and rising leaders in more than 160 coun10 tries through academic, cultural, sports, and profes11 sional exchanges. 

12 (2) These robust and effective international edu13 cation, cultural exchange and leadership development 

14 programs strengthen relationships of the United 

15 States with foreign partners that in turn benefit the 

16 United States economy and national security. 

17 (3) The Department of State’s Competitive 

18 Grants Program within the Bureau of Educational 

19 and Cultural Affairs’ Exchange critically supports 

20 academic, cultural and professional exchange and 

21 training programs that seek mutual understanding 

22 and the free exchange of ideas between the people of 

23 the United States and the people of other countries. 


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1 (4) Broadening our understanding of other cul2 tures, languages, foreign governments, and economies 

3 makes us stronger as a country. 

4 (5) As Secretary of State Hillary Clinton noted 

5 in February 2011, ‘‘There is nothing that is more ef6 fective than having people break down barriers 

7 [through exchange].’’ 

8 (6) The Bureau of Educational and Cultural Af9 fairs’ focus on global education, women, youth, under10 served audiences and the formation of critical global 

11 communities, as well as its concentration on countries 

12 of strategic importance, such as Afghanistan, Paki13 stan, Iraq, and Indonesia, serve the interests of the 

14 United States around the world. 

15 (7) Alumni outreach engages thousands of Bu16 reau Educational and Cultural Affairs alumni 

17 around the world and assures a strong return on in18 vestment. 

19 (8) The Bureau of Educational and Cultural Af20 fairs alumni encompass over one million people 

21 around the world, including more than 50 Nobel Lau22 reates and over 350 current and former heads of state 

23 and government. 

24 (b) SENSE OF CONGRESS.—It is the sense of Congress 

25 that the Bureau of Educational and Cultural Affairs of the 


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1 Department of State fosters mutual understanding between 

2 the people of the United States and the people of other coun3 tries to promote friendly and peaceful relations as man4 dated by the Mutual Educational and Cultural Exchange 

5 Act of 1961. 

6 SEC. 1142. DEPARTMENT OF STATE CODE OF CONDUCT TO 

7 PREVENT HUMAN TRAFFICKING. 

8 (a) SENSE OF CONGRESS.—It is the sense of Congress 

9 that the Secretary of State should institute a code of conduct 

10 within the Department of State to prevent severe forms of 

11 trafficking in persons. 

12 (b) MATTERS TO BE INCLUDED.—The code of conduct 

13 described in subsection (a) should outline necessary steps 

14 to ensure that Department of State contractors and sub15 contractors do not engage in trafficking in persons. 

16 SEC. 1143. PUBLIC DIPLOMACY. 

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

18 (1) New media and communication technologies 

19 have given rise to explosive growth in the volume and 

20 frequency of information flowing to consumers world21 wide. 

22 (2) Individuals and entities that seek to under23 mine United States principles and ideals are actively 

24 engaged in shaping perceptions about the United 

25 States and its role in world affairs. 


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1 (3) The 9/11 Commission concluded in its report 

2 that long-term success against terrorism ‘‘demands the 

3 use of all elements of national power’’, including for4 eign aid and public diplomacy. The Commission cau5 tioned, ‘‘If we favor one tool while neglecting others, 

6 we leave ourselves vulnerable and weaken our na7 tional effort.’’. 

8 (b) SENSE OF CONGRESS.—It is the sense of Congress 

9 that— 

10 (1) strengthening United States public diplo11 macy through increased collaboration with the private 

12 sector should be a top United States foreign policy 

13 priority; 

14 (2) the Secretary of State should consider ways 

15 to strengthen current outreach efforts to key audiences 

16 in Egypt, Pakistan, Turkey, and Russia. 

17 SEC. 1144. HUMAN RIGHTS PRIORITIES. 

18 It is the sense of Congress that, recognizing that stand19 ing for fundamental human rights and against human 

20 rights abuse abroad is in keeping with United States values, 

21 the Secretary of State should ensure that such issues are 

22 incorporated, on a basis at least equal to the attention given 

23 to economic and political factors, into United States bilat24 eral relationships. 


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1 SEC. 1145. DISCOURAGING MURDER AND OTHER FORMS OF 

2 VIOLENCE. 

3 It is the sense of Congress that the Secretary of State 

4 should discourage foreign governments from condoning 

5 murder and other forms of physical violence that is directed 

6 against individuals because of their sexual orientation or 

7 gender identity. 

8 SEC. 1146. INTERNATIONAL COOPERATION IN SPACE. 

9 It is the sense of Congress that any effort to expand 

10 international cooperation in space, such as adding new 

11 partners to the International Space Station, conducting op12 erations beyond low Earth orbit, exploring the Moon and 

13 Mars, launching deep space probes, and developing related 

14 technology and capabilities should not include participa15 tion by entities owned, controlled, chartered by, or located 

16 within the People’s Republic of China. 

17 SEC. 1147. BOUNDARY, WATER, AND FISHERIES COMMIS18 SIONS. 

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

20 (1) The boundary, water, and fisheries commis21 sions funded using the funds authorized to be appro22 priated under section 104 are longstanding treaty23 and agreement-based organizations formed to address 

24 important border, water, and fisheries resource issues, 

25 and receive substantial financial support from United 

26 States taxpayers. 


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

2 1944 Water Treaty between Mexico and the United 

3 States (59 Stat. 1219) requires the International 

4 Boundary and Water Commission (United States and 

5 Mexico) to annually submit a joint report to the 

6 United States and Mexican Governments, the last 

7 English-language Annual Report was filed for 2006, 

8 and contained no detail regarding the cost of the 

9 Commission’s particular activities or the specific allo10 cation of Commission resources. 

11 (3) The International Joint Commission last 

12 filed an Annual Report for 2008 which, although it 

13 described past Commission projects and activities in 

14 general terms, contained no detail regarding the cost 

15 of its particular activities or the specific allocation of 

16 Commission resources. 

17 (4) The International Boundary Commission 

18 (United States and Canada) last filed an Annual Re19 port for 2007. 

20 (5) The Great Lakes Fishery Commission, the 

21 largest recipient of United States assistance to inter22 national fisheries commissions, last filed an Annual 

23 Report for 2006, which was six pages long and con24 tained three lines of financial data. 


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

2 by the Pacific Salmon Commission (filed in Sep3 tember 2010 for the 2007/2008 period) was 189 pages 

4 long, and contained an independently audited finan5 cial statement. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that timely reporting by the boundary, water, and fisheries 

8 commissions that sufficiently explains each such commis9 sion’s activities and the disposition of each such commis10 sion’s resources is necessary to maintain public support for 

11 their continued funding. 

12 PART II—COUNTRY-SPECIFIC PROVISIONS 

13 SEC. 1151. KEYSTONE XL PIPELINE. 

14 It is the sense of Congress that— 

15 (1) the delay of the Secretary of State to author16 ize the Presidential Permit for the Keystone XL pipe17 line has adversely affected the United States economy 

18 and weakened United States national security; 

19 (2) according to the Energy Information Admin20 istration, in 2010, the United States imported 2,321 

21 barrels per day from Canada; 

22 (3) Canada, as a democratic ally, offers a stable 

23 source of energy for the United States; 

24 (4) support of this pipeline is contingent upon 

25 the adherence of any private company, contractor, or 


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1 subsidiary, connected to this project to the Iran Sanc2 tions Act of 1996, the Comprehensive Iran Sanctions, 

3 Accountability, and Divestment Act of 2010, and 

4 other provisions of United States law; and 

5 (5) in accordance with all applicable rules and 

6 guidelines, the Secretary of State should promptly au7 thorize the Presidential Permit for the Keystone XL 

8 pipeline. 

9 SEC. 1152. ACTIVITIES OF THE PEOPLE’S REPUBLIC OF 

10 CHINA IN AFRICA. 

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

12 (1) China is one of the world’s largest investors 

13 in Africa. 

14 (2) Bilateral trade deals have been signed be15 tween China and 45 African countries. 

16 (3) The China-Africa Development Fund was 

17 created to invest in African equities, and plans call 

18 for an expansion to $5 billion. 

19 (4) According to Tapiwa Mashakada, 

20 Zimbabwe’s Minister of Economic Planning and In21 vestment, the China Development Bank could invest 

22 up to $10 billion in Zimbabwe, site of the world’s sec23 ond-largest platinum deposit. 

24 (5) Chinese direct investment in Zambia, with a 

25 focus on copper mining, surpassed $1 billion in 2010. 


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1 (6) Sudan is China’s third-largest trade partner 

2 in Africa, and China has been its biggest arms sup3 plier. China continues to be criticized by human 

4 rights observers for supplying weapons in violation of 

5 the United Nations weapons embargo of Sudan. 

6 (7) Chinese direct investment in Nigeria exceeded 

7 $7 billion in 2010, with a focus on oil investments in 

8 the conflict-ridden Niger Delta. 

9 (8) According to reports, China’s African invest10 ments may increase by 70 percent from 2009 to 2015, 

11 to $50 billion, and Chinese-African bilateral trade 

12 may double from 2010 to 2015, to $300 billion. 

13 (b) SENSE OF CONGRESS.—It is the sense of Congress 

14 that— 

15 (1) the United States Government should have a 

16 firm understanding of China’s rapid expansion in 

17 natural resource-rich, high-conflict areas of Africa; 

18 and 

19 (2) the United States-China Economic and Secu20 rity Review Commission should, as part of its exist21 ing mandate and resources, prepare a report on Chi22 na’s activities in Africa as they relate to the United 

23 States-China relationship. 


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1 SEC. 1153. ACTIONS TO SECURE FREEDOM OF CHEN 

2 GUANGCHENG AND OTHER HUMAN RIGHTS 

3 DEFENDERS IN THE PEOPLE’S REPUBLIC OF 

4 CHINA. 

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

6 (1) Blind, self-taught legal advocate Chen 

7 Guangcheng publicly exposed the fact that in 2005, 

8 130,000 involuntary abortions and sterilizations were 

9 performed on women in Linyi County, Shandong 

10 Province in a single year. 

11 (2) Mr. Chen was arrested on June 21, 2006, 

12 tried on November 27, 2006, and sentenced on Decem13 ber 1, 2006, to four years and three months in jail, 

14 on charges of ‘‘intentional destruction or damage to 

15 property’’ and ‘‘gathering people to disturb traffic 

16 order’’. 

17 (3) The prosecution and trial of Mr. Chen has 

18 drawn repeated criticism for its lack of due process 

19 of law, including the detention of his defense lawyers 

20 on the eve of trial and the alleged extraction of wit21 ness statements under torture. 

22 (4) Time Magazine named Mr. Chen one of 

23 ‘‘2006’s Top 100 People Who Shape Our World’’, in 

24 the category of ‘‘Heroes and Pioneers’’. 

25 (5) In August 2007, Chinese authorities stopped 

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1 voked her passport, and forcibly returned her to her 

2 village as she attempted to travel to Manila to collect 

3 Mr. Chen’s Magsaysay Award, known as Asia’s Nobel 

4 Prize. 

5 (6) Mr. Chen was released from prison on Sep6 tember 9, 2010, with a chronic, debilitating intestinal 

7 illness contracted in prison, for which he has been al8 lowed no medical treatment. 

9 (7) Mr. Chen is now under house arrest, where 

10 he has been repeatedly and severely beaten, and de11 nied adequate medical treatment and nutrition de12 spite fragile and deteriorating health. 

13 (8) Mr. Chen’s wife, Yuan Weijing, and their 

14 children have been subjected to harassment, surveil15 lance, and confinement throughout Mr. Chen’s impris16 onment and house arrest. 

17 (9) Mr. Chen and Ms. Yuan secretly recorded a 

18 video describing the harsh conditions of their house 

19 arrest, which included constant surveillance by 66 se20 curity police, severed telephone and internet connec21 tions, lack of adequate food, and continued intimida22 tion by officials, who enter their home at any time, 

23 without notice. 

24 (10) In February 2011, following the video’s re25 lease, Mr. Chen’s legal team tried to assist him, but 


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1 several were placed under house arrest, and two of his 

2 lawyers, Jiang Tianyong and Teng Biao, were beaten 

3 and later disappeared. 

4 (11) The Foreign Correspondents’ Club of China 

5 issued the following warning on February 17, 2011, 

6 ‘‘Correspondents should be careful if they attempt to 

7 enter the village of activist Chen Guangcheng in 

8 Shandong Province. In recent days several cor9 respondents have encountered groups of violent, plain10 clothes thugs. . . They have pushed reporters around, 

11 threatened them with bricks, damaged their cars, con12 fiscated or destroyed their equipment and taken their 

13 press credentials’’. 

14 (12) The 2010 Congressional-Executive Commis15 sion on China Report states that ‘‘Chinese authorities 

16 continued to implement population planning policies 

17 that interfere with and control the reproductive lives 

18 of women, employing various methods including fines, 

19 cancellation of state benefits and permits, forced steri20 lization, forced abortion, arbitrary detention, and 

21 other abuses’’. 

22 (b) SENSE OF CONGRESS.—It is the sense of Congress 

23 that— 

24 (1) the Government of the People’s Republic of 

25 China should cease its harassment of Chen 


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1 Guangcheng and his family, including his wife, 

2 daughter, son, and mother, and arrange medical 

3 treatment for him and his wife, Yuan Weijing; 

4 (2) the Government of the People’s Republic of 

5 China should release Chen Guangcheng and his fam6 ily from house arrest, allow them freedom of move7 ment, and allow access to him by international dip8 lomats and journalists; 

9 (3) the President and the Secretary of State 

10 should actively and repeatedly seek diplomatic visits 

11 to Chen Guangcheng and his family; 

12 (4) the President, Secretary of State, and other 

13 Administration officials should raise the issue of har14 assed, arrested, disappeared, and disbarred human 

15 rights lawyers and defenders with the Government of 

16 the People’s Republic of China and link this issue to 

17 United States interests in the rule of law and human 

18 rights; 

19 (5) the President, Secretary of State, and other 

20 United States Government officials should aggres21 sively and repeatedly raise the issue of the coercive 

22 implementation of China’s birth limitation policy 

23 with President Hu Jintao; and 

24 (6) Chen Guangcheng and his wife, Yuan 

25 Weijing, are to be commended for their courage and 


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1 integrity and should be supported in their determina2 tion to expose and oppose coercive population control 

3 methods in China that violate the human rights of 

4 women. 

5 SEC. 1154. CHINESE DRYWALL. 

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

7 (1) Between 2001 through 2009, contaminated 

8 drywall manufactured in China was imported into 

9 the United States and used in home construction. 

10 (2) It has been found through scientific studies, 

11 including a study by Sandia National Laboratories 

12 in New Mexico, that the contaminated drywall im13 ported from China creates a corrosive environment for 

14 fire safety alarm devices, such as smoke and carbon 

15 monoxide alarms, electrical distribution components, 

16 such as receptacles, switches, and circuit breakers, 

17 and gas service piping and fire suppression sprinkler 

18 systems installed in the affected homes. 

19 (3) Based on these scientific findings, the United 

20 States Consumer Product Safety Commission issued 

21 an updated Remediation Protocol for Homes with 

22 Problem Drywall on March 18, 2011, which rec23 ommends the replacement of all contaminated drywall 

24 and replacement of fire safety alarm devices, electrical 


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1 distribution components, and gas service piping and 

2 fire suppression sprinkler systems. 

3 (4) In addition, homeowners with contaminated 

4 drywall from China have indicated that the drywall 

5 releases a strong sulfur-like odor that renders the 

6 home uninhabitable. 

7 (5) Companies in China that manufactured and 

8 exported the contaminated drywall to the United 

9 States have refused to meet with United States offi10 cials, including representatives of the Consumer Prod11 uct Safety Commission, have not provided financial 

12 assistance to homeowners with contaminated drywall 

13 from China, and have not submitted to jurisdiction in 

14 United States Federal Courts that are hearing cases 

15 on contaminated drywall from China. 

16 (b) SENSE OF CONGRESS.—It is the sense of Congress 

17 that— 

18 (1) the Secretary of State should insist that Gov19 ernment of the People’s Republic of China, which has 

20 ownership interests in the companies that manufac21 tured and exported contaminated drywall to the 

22 United States, have the companies meet with rep23 resentatives of the United States Government on rem24 edying homeowners that have contaminated drywall 

25 in their homes; and 


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1 (2) the Secretary of State should insist that the 

2 Government of the People’s Republic of China have 

3 the companies that manufactured and exported con4 taminated drywall submit to jurisdiction in United 

5 States Federal Courts and comply with any decisions 

6 issued by the Courts for homeowners with contami7 nated drywall. 

8 SEC. 1155. RIGHTS OF RELIGIOUS MINORITIES IN EGYPT. 

9 (a) STATEMENT OF CONGRESS.—Congress is concerned 

10 about the state of religious freedom in Egypt and the plight 

11 of religious minorities in the country, including Coptic 

12 Christians. 

13 (b) SENSE OF CONGRESS.—The Office of International 

14 Religious Freedom and the Bureau of Democracy, Human 

15 Rights and Labor at the Department of State should dedi16 cate all appropriate resources to promoting the rights of re17 ligious minorities in Egypt. 

18 SEC. 1156. PLIGHT OF COPTIC CHRISTIANS IN EGYPT. 

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

20 (1) Coptic Christians in Egypt have been subject 

21 to discrimination, oppression, and violent attacks as 

22 documented by the United State Commission on 

23 International Religious Freedom (USCIRF) and 

24 other human rights groups. 


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1 (2) USCIRF has called for Egypt to be des2 ignated as a Country of Particular Concern pursuant 

3 to the International Religious Freedom Act of 1998. 

4 (3) Credible reports concerning the disappear5 ance, forced conversion, and forced marriages of Cop6 tic Christian women and girls in Egypt reveal a con7 sistent pattern of targeting such vulnerable individ8 uals with deceptive practices, often involving psycho9 logical and physical abuse, including rape, beatings, 

10 confinement, and isolation from their families. 

11 (4) The Government of Egypt has failed to 

12 credibly investigate these allegations, creating a cli13 mate of impunity for the perpetrators of these crimes 

14 and denying justice to the victims and their families. 

15 (5) The current political uncertainty in Egypt 

16 has increased concerns as to whether the religious 

17 freedom and other human rights of Coptic Christians 

18 will be respected and protected. 

19 (b) SENSE OF CONGRESS.—It is the sense of Congress 

20 that the Administration should include the protection of 

21 Coptic Christian communities and respect for their human 

22 rights as a priority in diplomatic engagements with the 

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1 tencing, and imprisonment of perpetrators of human rights 

2 violations against Coptic Christians. 

3 SEC. 1157. 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 terrorist 

8 organization, every effort should be made to tackle its 

9 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 se13 curity interests of the United States and East African 

14 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. 1158. HOLOCAUST-ERA PROPERTY RESTITUTION AND 

21 COMPENSATION BY CERTAIN EUROPEAN 

22 COUNTRIES. 

23 It is the sense of Congress that— 

24 (1) countries in Central and Eastern Europe 

25 that have not already done so should return looted 


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1 and confiscated properties from the Holocaust to their 

2 rightful owners or, where restitution is not possible, 

3 pay equitable compensation, in accordance with prin4 ciples of justice and in an expeditious manner that 

5 is transparent and fair; 

6 (2) to this end, such countries should follow the 

7 Terezin Declaration of June 30, 2009, and the Guide8 lines and Best Practices for the Restitution and Com9 pensation of Immovable (Real) Property Confiscated 

10 or Otherwise Wrongfully Seized by the Nazis, Fascists 

11 and Their Collaborators during the Holocaust 

12 (Shoah) Era between 1933-1945, including the Period 

13 of World War II, both of which were adopted by more 

14 than 40 countries in Prague on June 9, 2010; and 

15 (3) countries in Central and Eastern Europe 

16 should enact and implement appropriate restitution 

17 and compensation legislation to facilitate private, 

18 communal, and religious property restitution. 

19 SEC. 1159. DEMOCRACY IN GEORGIA. 

20 It is the sense of Congress that— 

21 (1) Georgia is a strategic partner of the United 

22 States and the United States should fully support the 

23 development and consolidation of effective democratic 

24 governance in Georgia, respect for human rights and 


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1 the rule of law, an independent media, and a vibrant 

2 civil society; 

3 (2) the United States should support the 

4 strengthening of democratic government institutions, 

5 including truly independent executive, judicial, and 

6 legislative branches that exhibit effective transparency 

7 and accountability; 

8 (3) the United States should support a free and 

9 fair electoral system in Georgia with a diverse and 

10 robust multi-party political system representative of 

11 Georgia’s diverse population; 

12 (4) the United States should fully support Geor13 gia’s efforts to join NATO and the transatlantic com14 munity; and 

15 (5) the United States should fully support Geor16 gia’s territorial integrity and should urge the Euro17 pean Union, its Member States, and other responsible 

18 countries to call for an immediate and complete with19 drawal of Russian troops occupying Georgian terri20 tory in accordance with the August and September 

21 2008 ceasefire agreements. 

22 SEC. 1160. URGING THE IMMEDIATE RETURN OF UNITED 

23 STATES CHILDREN ABDUCTED TO JAPAN. 

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


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1 (1) More than 300 United States children have 

2 been wrongfully removed to and retained in Japan 

3 since the United States began keeping records in 

4 1994. 

5 (2) At least 31 United States children were 

6 wrongfully removed to and retained in Japan in 

7 2010 alone. 

8 (3) The Department of State currently has at 

9 least 113 open cases involving 156 children who have 

10 been reported to the Department and who are being 

11 retained in Japan against the wishes of their parent 

12 in the United States and, in many cases, in direct 

13 violation of a valid United States court order. 

14 (4) Congress is not aware of any legal decision 

15 that has been issued and enforced by the Government 

16 of Japan to return a single abducted child to the 

17 United States. 

18 (5) Japan has announced that it is preparing to 

19 ratify the 1980 Hague Convention on the Civil As20 pects of International Child Abduction (the ‘‘Hague 

21 Convention’’). 

22 (6) The Hague Convention provides enumerated 

23 defenses designed to provide protection to children al24 leged to be subjected to a grave risk of physical or 

25 psychological harm in the left-behind country. 


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1 (7) The Hague Convention by its own terms 

2 would not apply to any abductions occurring before 

3 Japan’s ratification of the Hague Convention, there4 fore necessitating that a separate protocol be estab5 lished to immediately address the existing abduction 

6 cases of all United States children wrongfully re7 moved to and currently retained in Japan. 

8 (8) According to the Department of State’s April 

9 2009 Report on Compliance with the Hague Conven10 tion on the Civil Aspects of International Child Ab11 duction, abducted children are at risk of serious emo12 tional and psychological problems and have been 

13 found to experience anxiety, eating problems, night14 mares, mood swings, sleep disturbances, aggressive be15 havior, resentment, guilt, and fearfulness, and as 

16 adults may struggle with identity issues, their own 

17 personal relationships, and parenting. 

18 (9) Left-behind parents may encounter substan19 tial psychological, emotional, and financial problems, 

20 and many may not have the financial resources to 

21 pursue civil or criminal remedies for the return of 

22 their children in foreign courts or political systems. 

23 (b) SENSE OF CONGRESS.—It is the sense of Congress 

24 that— 


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1 (1) the Hague Convention on the Civil Aspects of 

2 International Child Abduction (the ‘‘Hague Conven3 tion’’), if ratified by Japan, will not provide for the 

4 resolution of the existing cases involving the abduc5 tions of more than 156 United States children to 

6 Japan; 

7 (2) the United States, by way of a memorandum 

8 of understanding with the Government of Japan, and 

9 through all other appropriate means, should seek the 

10 immediate return of all United States children 

11 wrongfully removed to or retained in Japan; and 

12 (3) the Secretary of State should take any and 

13 all other appropriate measures to ensure that left be14 hind parents with United States children wrongfully 

15 removed or retained in Japan, have direct access and 

16 communications with their children. 

17 SEC. 1161. RELATING TO THE QUARTET AND CONTACTS 

18 WITH ANY PALESTINIAN GOVERNMENT. 

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

20 (1) On January 30, 2006, the Quartet stated 

21 that all members of a future Palestinian government 

22 must be committed to nonviolence, recognition of 

23 Israel, and acceptance of previous agreements and ob24 ligations, including the Roadmap, and recalled this 


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1 statement on March 30, 2006, following the formation 

2 of a Hamas-controlled Palestinian government. 

3 (2) On July 5, 2011, the Quartet called for an 

4 end to the deplorable five-year detention of Gilad 

5 Shalit. 

6 (b) SENSE OF CONGRESS.—It is the sense of Congress 

7 that the Secretary of State should urge the Quartet to adopt 

8 the immediate and unconditional release of Gilad Shalit 

9 as an additional condition for contact with any Palestinian 

10 government in which Hamas participates. 

11 SEC. 1162. DEMOCRACY AND THE RULE OF LAW IN THE RUS12 SIAN FEDERATION. 

13 It is the sense of Congress that— 

14 (1) the Government of the Russian Federation 

15 should— 

16 (A) safeguard human rights, including free17 doms of speech, assembly, and association; and 

18 (B) take all necessary steps to ensure that 

19 the upcoming parliamentary and presidential 

20 elections meet international electoral standards 

21 and are universal, free, equal, fair, secret, trans22 parent, and accountable and to— 

23 (i) allow credible, independent electoral 

24 observers, both domestic and international 

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1 tion missions, unrestricted and timely ac2 cess to complete their work; 

3 (ii) take steps to ensure that the text 

4 and implementation of election law in the 

5 Russian Federation is consistent with inter6 national electoral standards; 

7 (iii) provide access to the ballot for all 

8 political parties and candidates by remov9 ing unreasonable barriers to political party 

10 registration and to candidate acceptance on 

11 electoral ballots and by ensuring fair, im12 partial, and timely consideration of all po13 litical party registration applications; and 

14 (iv) undertake an impartial, inde15 pendent investigation of the procedures used 

16 to deny the party registration application 

17 of the Party of the People’s Freedom 

18 (PARNAS) to ensure that the procedures 

19 used were consistent with international 

20 standards; and 

21 (2) the President and the Secretary of State 

22 should make respect for democracy, the rule of law, 

23 and human rights a priority in the ongoing relation24 ship and dialogue between the Governments of the 

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1 ticular in light of the upcoming parliamentary and 

2 presidential elections in Russia. 

3 SEC. 1163. REPUBLIC OF THE SUDAN AND REPUBLIC OF 

4 SOUTH SUDAN. 

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

6 (1) The United States was a witness to the 2005 

7 Comprehensive Peace Agreement (CPA), which 

8 marked the end of more than two decades of civil war 

9 between North and South Sudan that resulted in the 

10 deaths of more than 2,000,000 people. 

11 (2) The CPA provided the framework for a his12 toric referendum to determine the future status of 

13 South Sudan held between January 9, 2011, and 

14 January 15, 2011. 

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

16 Referendum Commission announced that the people of 

17 South Sudan voted in favor of succession from the Re18 public of the Sudan by a margin of 98.8 percent in 

19 a credible and transparent vote. 

20 (4) The mandate for the United Nations Mission 

21 in Sudan (UNMIS), which was established by United 

22 Nations Security Council Resolution 1590 on March 

23 24, 2005, and was instrumental in supporting the 

24 implementation of the CPA, expired on July 9, 2011, 

25 with the completion of the CPA Interim Period. 


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1 (5) The mandate for the United Nations Mission 

2 in South Sudan (UNMISS), as established by United 

3 Nations Security Council Resolution 1996 (2011), 

4 commenced on July 9, 2011. 

5 (6) Several outstanding issues relating to CPA 

6 implementation and potential points of conflict re7 main unresolved between North and South Sudan, in8 cluding the final status of the contested area of Abyei, 

9 ongoing violence in Southern Kordofan and Blue 

10 Nile, disputed border areas, citizenship rights and na11 tionality, division of oil resources and profits, cur12 rency, international debt and assets, the liberation of 

13 slaves from South Sudan still held in Sudan, and 

14 other matters. 

15 (7) Lasting peace and stability for the region 

16 cannot be realized until all outstanding elements of 

17 the CPA are dealt with in a fair and peaceful man18 ner and a comprehensive peace is secured in Darfur. 

19 (b) SENSE OF CONGRESS.—It is the sense of Congress 

20 that— 

21 (1) the independence of the Republic of South 

22 Sudan represents an historic opportunity for peace in 

23 the region and the people of South Sudan should be 

24 commended for freely and peacefully expressing their 


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1 desire for independence through a credible and trans2 parent referendum; 

3 (2) the people and leaders of South Sudan should 

4 be commended for their efforts to reach this historic 

5 milestone; 

6 (3) all parties should continue to work to resolve 

7 outstanding matters relating to implementation of the 

8 Comprehensive Peace Agreement for Sudan, including 

9 the final status of Abyei, disputed border areas, the 

10 completion of popular consultations and security ar11 rangements in Southern Kordofan and Blue Nile, 

12 citizenship and nationality, division of oil resources 

13 and profits, currency, international debt and assets, 

14 the liberation of slaves from South Sudan still held in 

15 Sudan, and other matters in order to ensure a smooth 

16 transition to two states and to mitigate points of con17 flict; 

18 (4) all parties should fully implement their June 

19 20, 2011, agreement on temporary arrangements for 

20 the contested Abyei area and swiftly establish a ces21 sation of hostilities in Southern Kordofan; 

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

23 peacekeepers to Abyei and the new United Nations 

24 Mission in South Sudan (UNMISS) are expected to 

25 help provide security and stability in the region; 


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1 (6) peace, rule of law, security, and good govern2 ance should be promoted throughout Sudan and South 

3 Sudan, particularly efforts to— 

4 (A) advance security and stability in both 

5 countries, especially in critical areas such as 

6 Darfur, Blue Nile, and Southern Kordofan and 

7 in Abyei; 

8 (B) promote respect for the human and civil 

9 rights of all, including southerners living in 

10 Sudan and northerners living in South Sudan; 

11 (C) encourage the development of multi12 party democracy, vibrant democratic institu13 tions, and freedom of speech and association; 

14 (D) prevent extremists groups from exploit15 ing the territories of Sudan and South Sudan 

16 and encourage full cooperation with the United 

17 States on counterterrorism priorities; and 

18 (E) encourage a productive relationship be19 tween Sudan and South Sudan that recognizes 

20 the mutual need for cooperation and an open 

21 flow of people and goods across borders and to 

22 refrain from the use of proxy forces to foment 

23 conflict; 

24 (7) the United States and other responsible coun25 tries should support the Legislative Assembly of the 


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1 Republic of South Sudan, and the Auditor General’s 

2 office as it works to create a Petroleum Directorate, 

3 to ensure full accountability in the management of the 

4 country’s oil sector; and 

5 (8) the Darfur peace process should remain a 

6 priority in United States relations with Sudan, par7 ticularly with regard to efforts to secure a just and 

8 lasting peace in Darfur, humanitarian access to vul9 nerable populations, and freedom of movement for the 

10 African Union-United Nations Mission in Darfur 

11 (UNAMID). 

12 SEC. 1164. SALE OF F-16 FIGHTER AIRCRAFT TO TAIWAN. 

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

14 (1) The Taiwan Relations Act (Public Law 96– 

15 8) codified in law the basis for continued commercial, 

16 cultural, and other relations between the people of the 

17 United States and the people of Taiwan. 

18 (2) The Taiwan Relations Act states that ‘‘the 

19 United States will make available to Taiwan such de20 fense articles and defense services in such quantity as 

21 may be necessary to enable Taiwan to maintain a 

22 sufficient self-defense capability’’, and that ‘‘both the 

23 President and the Congress shall determine the nature 

24 and quantity of such defense articles and services 

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1 wan, in accordance with procedures established by 

2 law’’. 

3 (3) A Department of Defense report on the mili4 tary power of the People’s Republic of China in 2010 

5 stated that ‘‘China’s military build-up opposite [Tai6 wan] continued unabated. The [People’s Liberation 

7 Army] is developing the capability to deter Taiwan 

8 independence or influence Taiwan to settle the dispute 

9 on Beijing’s terms. . .[and] the balance of cross10 Strait military forces continues to shift in the main11 land’s favor’’. 

12 (4) A Defense Intelligence Agency assessment of 

13 Taiwan’s air defense status in 2010 concluded that 

14 while Taiwan has nearly 400 combat aircraft in serv15 ice, ‘‘far fewer are operationally capable’’. 

16 (5) Taiwan’s president stated in a newspaper 

17 interview on February 17, 2011, that Taiwan needs 

18 both new F-16 C/D fighter jets and upgrades to the 

19 Taiwan Air Forces’ existing fleet of F-16 A/B fighter 

20 jets to ‘‘maintain a certain defensive and fighting ca21 pability’’. 

22 (6) The president of Taiwan stated his adminis23 tration’s desire to acquire F-16 C/Ds in a May 12, 

24 2010, video address to the United States where he 


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1 asked the United States to provide Taiwan with the 

2 necessary weapons to keep its aerial integrity intact. 

3 (b) SENSE OF CONGRESS.—It is the sense of Congress 

4 that— 

5 (1) the United States, in accordance with the 

6 Taiwan Relations Act, should continue to make avail7 able to Taiwan such defense articles and services as 

8 may be necessary for Taiwan to maintain a sufficient 

9 self-defense capability; and 

10 (2) the President should take immediate steps to 

11 sell to Taiwan— 

12 (A) all the F-16 fighter jets that are needed 

13 by Taiwan, including new F-16 C/D aircraft 

14 and upgrades to the existing F-16 A/B fleet; and 

15 (B) diesel submarines, offered to Taiwan by 

16 the United States in 2001, once Taiwan has 

17 budgeted for such submarines. 

18 SEC. 1165. OFFICIAL CONTACTS WITH GOVERNMENT OF 

19 TURKEY. 

20 It is the sense of Congress that the Secretary of State, 

21 in all official contacts with Turkish leaders and other Turk22 ish officials, should emphasize that Turkey should— 

23 (1) end all forms of religious discrimination; 

24 (2) allow the rightful church and lay owners of 

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1 striction, to organize and administer prayer services, 

2 religious education, clerical training, appointments, 

3 and succession, religious community gatherings, so4 cial services, including ministry to the needs of the 

5 poor and infirm, and other religious activities; 

6 (3) return to their rightful owners all Christian 

7 churches and other places of worship, monasteries, 

8 schools, hospitals, monuments, relics, holy sites, and 

9 other religious properties, including movable prop10 erties, such as artwork, manuscripts, vestments, ves11 sels, and other artifacts; and 

12 (4) allow the rightful Christian church and lay 

13 owners of Christian church properties, without hin14 drance or restriction, to preserve, reconstruct, and re15 pair, as they see fit, all Christian churches and other 

16 places of worship, monasteries, schools, hospitals, 

17 monuments, relics, holy sites, and other religious 

18 properties within Turkey. 

19 SEC. 1166. RESTRICTIONS ON RELIGIOUS FREEDOM IN 

20 VIETNAM. 

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

22 (1) The Secretary of State, under the Inter23 national Religious Freedom Act of 1998 (22 U.S.C. 

24 6401 et seq.) and authority delegated by the Presi25 dent, designates nations found guilty of ‘‘particularly 


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

2 of Particular Concern’’ (‘‘CPC’’). 

3 (2) In November 2006, the Secretary of State an4 nounced that the Socialist Republic of Vietnam was 

5 no longer designated as a ‘‘Country of Particular 

6 Concern’’. 

7 (3) The Unified Buddhist Church of Vietnam 

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

9 groups continue to face unwarranted abuses because 

10 of their attempts to organize independently of the 

11 Government of Vietnam, including the detention and 

12 imprisonment of individual members of these reli13 gious communities. 

14 (4) In September 2009, Vietnamese police 

15 cordoned off a Lang Mai Buddhist monastery, and 

16 monks were beaten, degraded, and sexually assaulted 

17 by undercover policemen and civilians. 

18 (5) Protestants continue to face beatings and 

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

20 forced renunciations of faith. 

21 (6) According to Human Rights Watch, 355 

22 Montagnard Protestants remain in prison, arrested 

23 after 2001 and 2004 demonstrations for land rights 

24 and religious freedom in the Central Highlands. 


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1 (7) According to the United States Commission 

2 on International Religious Freedom, there are reports 

3 that some Montagnard Protestants were imprisoned 

4 because of their religious affiliation or activities or 

5 because religious leaders failed to inform on members 

6 of their religious community who allegedly partici7 pated in demonstrations. 

8 (8) Ksor Tino, a Degar Christian, died on Sep9 tember 6, 2009, after being detained in a Plei Ku city 

10 prison and being tortured repeatedly with electric 

11 prods and severe physical punishment for refusing to 

12 join a government sanctioned religion. 

13 (9) On November 11, 2010, hundreds of Viet14 namese police violently attacked a Catholic prayer 

15 service in the Gia Lai Provence, leaving 9 of the beat16 en unconscious from strokes to the head. 

17 (10) According to the United States Commission 

18 on International Religious Freedom 2010 Annual Re19 port, religious freedom advocates and human rights 

20 defenders Nguyen Van Dai, Le Thi Cong Nhan, and 

21 Fr. Thaddeus Nguyen Van Ly are in prison under 

22 Article 88 of the Criminal Code and Fr. Phan Van 

23 Loi is being held without official detention orders 

24 under house arrest. 


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1 (11) At least 15 individuals are being detained 

2 in long term house arrest for reasons related to their 

3 faith, including the most venerable Thich Quang Do 

4 and most of the leadership of the UBCV. 

5 (12) UBCV monks and youth groups leaders are 

6 harassed and detained and charitable activities are 

7 denied, Vietnamese officials discriminate against eth8 nic minority Protestants by denying medical, hous9 ing, and educational benefits to children and families, 

10 an ethnic minority Protestant was beaten to death for 

11 refusing to recant his faith, over 600 Hmong Protes12 tant churches are refused legal recognition or affili13 ation, leading to harassment, detentions, and home 

14 destructions, and a government handbook on religion 

15 instructs government officials to control existing reli16 gious practice, halt ‘‘enemy forces’’ from ‘‘abusing re17 ligion’’ to undermine the Vietnamese Government, 

18 and ‘‘overcome the extraordinary growth of Prot19 estantism.’’ 

20 (13) Since August 2008, the Vietnamese Govern21 ment has arrested and sentenced at least eight indi22 viduals and beaten, tear-gassed, harassed, publicly 

23 slandered, and threatened Catholics engaged in peace24 ful activities seeking the return of Catholic Church 

25 properties confiscated by the Vietnamese Government 


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1 after 1954 in Hanoi, including in the Thai Ha par2 ish. 

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

4 attacked a funeral procession in the Con Dau parish 

5 on May 4, 2010, shooting tear gas and rubber bullets, 

6 beating residents with batons and electric rods, injur7 ing 100, and killing at least one. 

8 (15) The United States Commission on Inter9 national Religious Freedom, prominent nongovern10 mental organizations, and representative associations 

11 of Vietnamese-American, Montagnard-American, and 

12 Khmer-American organizations have called for the re13 designation of Vietnam as a CPC. 

14 (b) SENSE OF CONGRESS.—It is the sense of Congress 

15 that— 

16 (1) the Secretary of State should place Vietnam 

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

18 particularly severe violations of religious freedom; 

19 and 

20 (2) the Government of Vietnam should lift re21 strictions on religious freedom and implement nec22 essary legal and political reforms to protect religious 

23 freedom. 

24 SEC. 1167. EUROPEAN ARMS SALES TO CHINA. 

25 It is the sense of Congress that— 


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1 (1) the European Union should continue its ban 

2 on all arms exports to the People’s Republic of China; 

3 (2) the President should raise United States ob4 jections to the potential lifting of the European Union 

5 arms embargo against the People’s Republic of China; 

6 (3) the United States Government should make 

7 clear in discussions with the governments of countries 

8 in the European Union that a lifting of the European 

9 Arms Embargo on arms sales to the People’s Republic 

10 of China would potentially adversely affect trans11 atlantic defense cooperation, including future trans12 fers of United States military technology, services, 

13 and equipment to European Union countries; 

14 (4) the European Union should make legally 

15 binding and enforceable its Code of Conduct for Arms 

16 Exports; 

17 (5) human rights abuses in the People’s Republic 

18 of China remain a matter of concern for United 

19 States foreign policy; 

20 (6) the continuing military build-up of the Gov21 ernment of the People’s Republic of China aimed at 

22 Taiwan and the ongoing weapon of mass destruction23 and missile-related proliferation of state-sponsored 

24 companies in China are matters of grave concern to 


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1 United States foreign and national security policy; 

2 and 

3 (7) the United States Government and the Euro4 pean Union should work cooperatively to develop a 

5 common strategy to limit sensitive technologies ex6 ported to the People’s Republic of China, seek im7 provement in the human rights conditions in and the 

8 export control practices of the People’s Republic of 

9 China, as well as an end to the ongoing proliferation 

10 of weapons of mass destruction and ballistic missile 

11 related technology from China to state sponsors of ter12 rorism. 

13 TITLE XII—LIMITATION ON AS14 SISTANCE TO THE PALES15 TINIAN AUTHORITY 

16 SEC. 1201. SHORT TITLE. 

17 This title may be cited as the ‘‘Preparing the Pales18 tinian People for Peace Act of 2011’’. 

19 SEC. 1202. SENSE OF CONGRESS. 

20 It is the sense of Congress that— 

21 (1) the Palestinian Authority has not fully lived 

22 up to its prior agreements with Israel to end incite23 ment; and 

24 (2) the Palestinian Authority should do more to 

25 prepare the Palestinian people for peace with Israel. 


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1 SEC. 1203. LIMITATION ON ASSISTANCE TO THE PALES2 TINIAN AUTHORITY. 

3 Chapter 1 of part III of the Foreign Assistance Act 

4 of 1961, as amended by section 933, is further amended by 

5 adding at the end the following: 

6 ‘‘SEC. 620O. LIMITATION ON ASSISTANCE TO THE PALES7 TINIAN AUTHORITY. 

8 ‘‘(a) LIMITATION.—Funds may not be provided under 

9 this Act to the Palestinian Authority except during a period 

10 for which a certification described in subsection (b) is in 

11 effect. 

12 ‘‘(b) CERTIFICATION.—Not later than 60 days after the 

13 date of the enactment of this Act, and every 180 days there14 after, the President shall certify in writing to Congress that 

15 the Palestinian Authority— 

16 ‘‘(1) is not engaging in a pattern of incitement 

17 against Israel; and 

18 ‘‘(2) is engaged in peace preparation activities, 

19 that is, activities aimed at promoting peace with the 

20 Jewish state of Israel. 

21 ‘‘(c) WAIVER.—The limitation of subsection (a) shall 

22 not apply if the President certifies in writing to Congress 

23 that waiving such prohibition is important to the national 

24 security interests of the United States. 

25 ‘‘(d) REPORT.—Whenever the waiver authority pursu26 ant to subsection (c) is exercised, the President shall submit 


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1 to Congress a report detailing the justification for the waiv2 er, the purposes for which the funds will be spent, and the 

3 reasons the President is unable to make the certification in 

4 subsection (b). Such report shall also detail the steps the 

5 Palestinian Authority has taken to arrest terrorists, con6 fiscate weapons, halt incitement, dismantle the terrorist in7 frastructure, and promote peace with the Jewish state of 

8 Israel. 

9 ‘‘(e) DEFINITIONS.—In this section: 

10 ‘‘(1) CONGRESS.—The term ‘Congress’ means— 

11 ‘‘(A) the Speaker, the Committee on Foreign 

12 Affairs, and the Committee on Appropriations of 

13 the House of Representatives; and 

14 ‘‘(B) the President pro tempore, the Com15 mittee on Foreign Relations, and the Committee 

16 on Appropriations of the Senate. 

17 ‘‘(2) INCITEMENT.—The term ‘incitement’ means 

18 any of the following that is sponsored, supported, or 

19 directed by officials or employees of the Palestinian 

20 Authority or Palestinian Authority-controlled, spon21 sored, or supported electronic, broad cast, and print 

22 media, schools, mosques, and institutions: 

23 ‘‘(A) Statements, media, communication, or 

24 other activities against any religion, ethnicity, 

25 or nationality. 


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1 ‘‘(B) Advocacy, endorsement, or glorifi2 cation of violence, martyrdom, or terrorism. 

3 ‘‘(C) Endorsement, glorification, honor, or 

4 other memorialization of any person or group 

5 that has advocated, sponsored, or committed acts 

6 of terrorism, including the naming after or dedi7 cation to such person or group of any school, 

8 community center, camp, stadium, public 

9 square, street, land, landmark, waterway, or 

10 other facility. 

11 ‘‘(3) PEACE PREPARATION ACTIVITIES.—The 

12 term ‘peace preparation activities’ means Arabic-lan13 guage communications and educational activities 

14 sponsored by the Palestinian Authority, which are 

15 communicated or administered via electronic, broad 

16 cast and print media, schools, mosques and state17 ments by government officials that may include the 

18 following: 

19 ‘‘(A) Public acknowledgments of the State of 

20 Israel’s right to exist as a Jewish state. 

21 ‘‘(B) Firm public commitments to and en22 dorsements of peaceful co-existence with the Jew23 ish State of Israel. 

24 ‘‘(C) Production, distribution, and public 

25 display via all media platforms, schools, 


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1 mosques, educational materials and elsewhere of 

2 maps that show the State of Israel existing as 

3 ‘Israel’ side-by-side with ‘Palestine’ and halting 

4 all production, distribution, or public display of 

5 maps that do not include a state of Israel. 

6 ‘‘(D) Renouncing any and all future rights 

7 or claims to commit acts of violence against 

8 Israel.’’. 


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Union Calendar No. 145 

112TH CONGRESS 

1ST SESSION H. R. 2583 

[Report No. 112–223] 

A BILL 

State for fiscal year 2012, and for other purposes. 

To authorize appropriations for the Department of 

SEPTEMBER 23, 2011 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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