1097 
(1) respect the right of individuals to peacefully 
express their opinions regarding the status and fu-
ture of the Western Sahara and to document viola-
tions of human rights; and 
(2) provide unimpeded access to human rights 
organizations, journalists, and representatives of for-
eign governments to the Western Sahara. 
(h) SYRIA.—Funds appropriated by this Act shall be 
made available to promote democracy and protect human 
rights in Syria, a portion of which should be programmed 
in consultation with governments in the region, as appro-
priate. 
(i) YEMEN.—None of the funds appropriated by this 
Act may be made available for the Armed Forces of 
Yemen if such forces are controlled by a foreign terrorist 
organization, as defined by section 219 of the Immigration 
and Nationality Act. 
SERBIA 
SEC. 7042. (a) Funds appropriated by this Act may 
be made available for assistance for the central Govern-
ment of Serbia after May 31, 2012, if the Secretary of 
State has submitted the report required in subsection (c). 
(b) After May 31, 2012, the Secretary of the Treas-
ury should instruct the United States executive directors 
of the international financial institutions to support loans 
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1098 
and assistance to the Government of Serbia subject to the 
condition in subsection (c). 
(c) The report referred to in subsection (a) is a report 
by the Secretary of State to the Committees on Appropria-
tions that the Government of Serbia is cooperating with 
the International Criminal Tribunal for the former Yugo-
slavia, including apprehending and transferring indictees 
and providing investigators access to witnesses, docu-
ments, and other information. 
(d) This section shall not apply to humanitarian as-
sistance or assistance to promote democracy. 
AFRICA 
SEC. 7043. (a) CONFLICT MINERALS.— 
(1) Funds appropriated by this Act under the 
heading ‘‘Foreign Military Financing Program’’ may 
be made available for assistance for Rwanda or 
Uganda unless the Secretary of State has credible 
information that the Government of Rwanda or the 
Government of Uganda is providing political, mili-
tary or financial support to armed groups in the 
Democratic Republic of the Congo (DRC) that are 
involved in the illegal exportation of minerals out of 
the DRC or have violated human rights. 
(2) The restriction in paragraph (1) shall not 
apply to assistance to improve border controls to 
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prevent the illegal exportation of minerals out of the 
DRC by such groups, to protect humanitarian relief 
efforts, or to support the training and deployment of 
members of the Rwandan or Ugandan militaries in 
international peacekeeping operations or to conduct 
operations against the Lord’s Resistance Army. 
(b) COUNTERTERRORISM PROGRAMS.—Of the funds 
appropriated by this Act, not less than $52,800,000 
should be made available for the Trans-Sahara Counter- 
terrorism Partnership program, and not less than 
$21,300,000 should be made available for the Partnership 
for Regional East Africa Counterterrorism program. 
(c) CRISIS RESPONSE.—Notwithstanding any other 
provision of law, up to $10,000,000 of the funds appro-
priated by this Act under the heading ‘‘Global Health Pro-
grams’’ for HIV/AIDS activities may be transferred to, 
and merged with, funds appropriated under the headings 
‘‘Economic Support Fund’’ and ‘‘Transition Initiatives’’ 
to respond to unanticipated crises in Africa, except that 
funds shall not be transferred unless the Secretary of 
State certifies to the Committees on Appropriations that 
no individual currently on anti-retroviral therapy sup-
ported by such funds shall be negatively impacted by the 
transfer of such funds: Provided, That the authority of 
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1100 
this subsection shall be subject to prior consultation with 
the Committees on Appropriations. 
(d) EXPANDED INTERNATIONAL MILITARY EDU-
CATION AND TRAINING.— 
(1) Funds appropriated under the heading 
‘‘International Military Education and Training’’ 
(IMET) in this Act that are made available for as-
sistance for Angola, Cameroon, Central African Re-
public, Chad, Coˆte d’Ivoire, Guinea and Zimbabwe 
may be made available only for training related to 
international peacekeeping operations and expanded 
IMET: Provided, That the limitation included in this 
paragraph shall not apply to courses that support 
training in maritime security for Angola and Cam-
eroon. 
(2) None of the funds appropriated under the 
heading ‘‘International Military Education and 
Training’’ in this Act may be made available for as-
sistance for Equatorial Guinea or Somalia. 
(e) ETHIOPIA.— 
(1) Funds appropriated by this Act under the 
heading ‘‘Foreign Military Financing Program’’ that 
are available for assistance for Ethiopia shall not be 
made available unless the Secretary of State— 
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1101 
(A) certifies to the Committees on Appro-
priations that the Government of Ethiopia is 
implementing policies to respect due process 
and freedoms of expression and association, and 
is permitting access to human rights and hu-
manitarian organizations to the Somalia region 
of Ethiopia; and 
(B) submits a report to the Committees on 
Appropriations on the types and amounts of 
United States training and equipment proposed 
to be provided to the Ethiopian military includ-
ing steps that will be taken to ensure that such 
assistance is not provided to military units or 
personnel that have violated human rights, and 
steps taken by the Government of Ethiopia to 
investigate and prosecute members of the Ethi-
opian military who have been credibly alleged to 
have violated such rights. 
(2) The restriction in paragraph (1) shall not 
apply to assistance to Ethiopian military efforts in 
support of international peacekeeping operations, 
counterterrorism operations along the border with 
Somalia, and for assistance to the Ethiopian De-
fense Command and Staff College. 
(f) SUDAN LIMITATION ON ASSISTANCE.— 
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1103 
South Sudan, or any other internationally rec-
ognized viable peace agreement in Sudan. 
(g) SOUTH SUDAN.— 
(1) Funds appropriated by this Act should be 
made available for assistance for South Sudan in-
cluding to increase agricultural productivity, expand 
educational 
opportunities 
especially 
for 
girls, 
strengthen democratic institutions and the rule of 
law, and enhance the capacity of the Federal Legis-
lative Assembly to conduct oversight over govern-
ment revenues and expenditures. 
(2) Not less than 15 days prior to the obliga-
tion of funds appropriated by this Act that are avail-
able for assistance for the Government of South 
Sudan, the Secretary of State shall submit a report 
to the Committees on Appropriations detailing the 
extent to which the Government of South Sudan 
is— 
(A) supporting freedom of expression, the 
establishment of democratic institutions includ-
ing an independent judiciary, parliament, and 
security forces that are accountable to civilian 
authority; and 
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1104 
(B) investigating and punishing members 
of security forces who have violated human 
rights. 
(3) The Secretary of State shall seek to obtain 
regular audits of the financial accounts of the Gov-
ernment of South Sudan to ensure transparency and 
accountability of funds, including revenues from the 
extraction of oil and gas, and the timely, public dis-
closure of such audits: Provided, That the Secretary 
should assist the Government of South Sudan in 
conducting such audits, and by providing technical 
assistance to enhance the capacity of the National 
Auditor Chamber to carry out its responsibilities, 
and shall submit a report not later than 90 days 
after enactment of this Act to the Committees on 
Appropriations detailing the steps that will be taken 
by the Government of South Sudan, which are addi-
tional to those taken in the previous fiscal year, to 
improve resource management and ensure trans-
parency and accountability of funds. 
(h) UGANDA.—Funds appropriated by this Act 
should be made available for programs and activities in 
areas affected by the Lord’s Resistance Army. 
(i) WAR CRIMES IN AFRICA.— 
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1105 
(1) The Congress reaffirms its support for the 
efforts of the International Criminal Tribunal for 
Rwanda (ICTR) and the Special Court for Sierra 
Leone (SCSL) to bring to justice individuals respon-
sible for war crimes and crimes against humanity in 
a timely manner. 
(2) Funds appropriated by this Act may be 
made available for assistance for the central govern-
ment of a country in which individuals indicted by 
the ICTR and the SCSL are credibly alleged to be 
living, if the Secretary of State determines and re-
ports to the Committees on Appropriations that such 
government is cooperating with the ICTR and the 
SCSL, including the apprehension, surrender, and 
transfer of indictees in a timely manner: Provided, 
That this subsection shall not apply to assistance 
provided under section 551 of the Foreign Assist-
ance Act of 1961 or to project assistance under title 
VI of this Act: Provided further, That the United 
States shall use its voice and vote in the United Na-
tions Security Council to fully support efforts by the 
ICTR and the SCSL to bring to justice individuals 
indicted by such tribunals in a timely manner. 
(3) The prohibition in paragraph (2) may be 
waived on a country-by-country basis if the Presi-
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1106 
dent determines that doing so is in the national se-
curity interest of the United States: Provided, That 
prior to exercising such waiver authority, the Presi-
dent shall submit a report to the Committees on Ap-
propriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the co-
operation of the government in apprehending 
and surrendering the indictee in question to the 
court of jurisdiction; 
(B) a strategy, including a timeline, for 
bringing the indictee before such court; and 
(C) the justification for exercising the 
waiver authority. 
(j) ZIMBABWE.— 
(1) The Secretary of the Treasury shall instruct 
the United States executive director of each inter-
national financial institution to vote against any ex-
tension by the respective institution of any loans or 
grants to the Government of Zimbabwe, except to 
meet basic human needs or to promote democracy, 
unless the Secretary of State determines and reports 
in writing to the Committees on Appropriations that 
the rule of law has been restored in Zimbabwe, in-
cluding respect for ownership and title to property, 
freedom of speech and association. 
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(2) None of the funds appropriated by this Act 
shall be made available for assistance for the central 
Government of Zimbabwe, except for health, edu-
cation, and macroeconomic growth assistance, unless 
the Secretary of State makes the determination re-
quired in paragraph (1). 
ASIA 
SEC. 7044. (a) TIBET.— 
(1) The Secretary of the Treasury should in-
struct the United States executive director of each 
international financial institution to use the voice 
and vote of the United States to support projects in 
Tibet if such projects do not provide incentives for 
the migration and settlement of non-Tibetans into 
Tibet or facilitate the transfer of ownership of Ti-
betan land and natural resources to non-Tibetans; 
are based on a thorough needs-assessment; foster 
self-sufficiency of the Tibetan people and respect Ti-
betan culture and traditions; and are subject to ef-
fective monitoring. 
(2) Notwithstanding any other provision of law, 
funds appropriated by this Act under the heading 
‘‘Economic Support Fund’’ shall be made available 
to nongovernmental organizations to support activi-
ties which preserve cultural traditions and promote 
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1108 
sustainable development and environmental con-
servation in Tibetan communities in the Tibetan Au-
tonomous Region and in other Tibetan communities 
in China. 
(b) BURMA.— 
(1) The Secretary of the Treasury shall instruct 
the United States executive directors of the appro-
priate international financial institutions to vote 
against any loan, agreement, or other financial sup-
port for Burma. 
(2) Funds appropriated by this Act under the 
heading ‘‘Economic Support Fund’’ may be made 
available for assistance for Burma notwithstanding 
any other provision of law, except no such funds 
shall be made available to the State Peace and De-
velopment Council, or its successor, and its affiliated 
organizations: Provided, That such funds shall be 
made available for programs along Burma’s borders 
and for Burmese groups and organizations located 
outside Burma, and may be made available to sup-
port programs in Burma: Provided further, That in 
addition to assistance for Burmese refugees appro-
priated under the heading ‘‘Migration and Refugee 
Assistance’’ in this Act, funds shall be made avail-
able for community-based organizations operating in 
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1109 
Thailand to provide food, medical, and other human-
itarian assistance to internally displaced persons in 
eastern Burma: Provided further, That any new pro-
gram or activity initiated with funds made available 
by this Act shall be subject to prior consultation 
with the Committees on Appropriations, and all such 
funds shall be subject to the regular notification pro-
cedures of the Committees on Appropriations. 
(c) CAMBODIA.—Funds made available in this Act for 
a United States contribution to a Khmer Rouge tribunal 
may only be made available if the Secretary of State cer-
tifies to the Committees on Appropriations that the 
United Nations and the Government of Cambodia are tak-
ing credible steps to address allegations of corruption and 
mismanagement within the tribunal. 
(d) INDONESIA.—Of the funds appropriated by this 
Act under the heading ‘‘Foreign Military Financing Pro-
gram’’ that are available for assistance for Indonesia, 
$2,000,000 may not be obligated until the Secretary of 
State submits to the Committees on Appropriations the 
report on Indonesia required under such heading in Sen-
ate Report 112–85. 
(e) NORTH KOREA.—None of the funds made avail-
able by this Act under the heading ‘‘Economic Support 
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1110 
Fund’’ may be made available for energy-related assist-
ance for North Korea. 
(f) PEOPLE’S REPUBLIC OF CHINA.— 
(1) None of the funds appropriated under the 
heading ‘‘Diplomatic and Consular Programs’’ in 
this Act may be obligated or expended for processing 
licenses for the export of satellites of United States 
origin (including commercial satellites and satellite 
components) to the People’s Republic of China un-
less, at least 15 days in advance, the Committees on 
Appropriations are notified of such proposed action. 
(2) The terms and requirements of section 
620(h) of the Foreign Assistance Act of 1961 shall 
apply to foreign assistance projects or activities of 
the People’s Liberation Army (PLA) of the People’s 
Republic of China, to include such projects or activi-
ties by any entity that is owned or controlled by, or 
an affiliate of, the PLA: Provided, That none of the 
funds appropriated or otherwise made available pur-
suant to this Act may be used to finance any grant, 
contract, or cooperative agreement with the PLA, or 
any entity that the Secretary of State has reason to 
believe is owned or controlled by, or an affiliate of, 
the PLA. 
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1111 
(g) PHILIPPINES.—Of the funds appropriated by this 
Act under the heading ‘‘Foreign Military Financing Pro-
gram’’ that are available for assistance for the Philippines, 
$3,000,000 may not be obligated until the Secretary of 
State submits to the Committees on Appropriations the 
report on the Philippines required under such heading in 
Senate Report 112–85. 
(h) VIETNAM.—Funds appropriated under the head-
ing ‘‘Economic Support Fund’’ shall be made available for 
remediation of dioxin contaminated sites in Vietnam and 
may be made available for assistance for the Government 
of Vietnam, including the military, for such purposes, and 
funds under the heading ‘‘Development Assistance’’ shall 
be made available for related health/disability activities. 
WESTERN HEMISPHERE 
SEC. 7045. (a) COLOMBIA.— 
(1) Funds appropriated by this Act and made 
available to the Department of State for assistance 
to the Government of Colombia may be used to sup-
port a unified campaign against narcotics traf-
ficking, illegal armed groups, and organizations des-
ignated as Foreign Terrorist Organizations and suc-
cessor organizations, and to take actions to protect 
human health and welfare in emergency cir-
cumstances, including undertaking rescue oper-
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1112 
ations: Provided, That no United States Armed 
Forces personnel or United States civilian contractor 
employed by the United States will participate in 
any combat operation in connection with assistance 
made available by this Act for Colombia: Provided 
further, That rotary and fixed wing aircraft sup-
ported with funds appropriated under the heading 
‘‘International Narcotics Control and Law Enforce-
ment’’ for assistance for Colombia may be used for 
aerial or manual drug eradication and interdiction 
including to transport personnel and supplies and to 
provide security for such operations: Provided fur-
ther, That such aircraft may also be used to provide 
transport in support of alternative development pro-
grams and investigations by civilian judicial authori-
ties: Provided further, That the President shall en-
sure that if any helicopter procured with funds in 
this Act or prior Acts making appropriations for the 
Department of State, foreign operations, and related 
programs, is used to aid or abet the operations of 
any illegal self-defense group, paramilitary organiza-
tion, or other illegal armed group in Colombia, such 
helicopter shall be immediately returned to the 
United States: Provided further, That none of the 
funds appropriated by this Act or prior Acts making 
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1113 
appropriations for the Department of State, foreign 
operations, and related programs may be made 
available 
for 
assistance 
for 
the 
Colombian 
Departamento Administrativo de Seguridad or suc-
cessor organizations: Provided further, That none of 
the funds appropriated by this Act for assistance for 
Colombia shall be made available for the cultivation 
or processing of African oil palm, if doing so would 
contribute to significant loss of native species, dis-
rupt or contaminate natural water sources, reduce 
local food security, or cause the forced displacement 
of local people: Provided further, That any com-
plaints of harm to health or licit crops caused by 
aerial eradication shall be thoroughly investigated 
and evaluated, and fair compensation paid in a time-
ly manner for meritorious claims: Provided further, 
That funds may not be made available for aerial 
eradication unless programs are being implemented 
by the United States Agency for International De-
velopment, the Government of Colombia, or other or-
ganizations, in consultation and coordination with 
local communities, to provide alternative sources of 
income in areas where security permits for small- 
acreage growers and communities whose illicit crops 
are targeted for aerial eradication: Provided further, 
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1114 
That funds appropriated by this Act may not be 
used for aerial eradication in Colombia’s national 
parks or reserves unless the Secretary of State cer-
tifies to the Committees on Appropriations that 
there are no effective alternatives and the eradi-
cation is in accordance with Colombian laws. 
(2) COLOMBIAN ARMED FORCES.—Of the funds 
appropriated by this Act that are available for as-
sistance for the Colombian Armed Forces, 25 per-
cent may be obligated only after the Secretary of 
State consults with, and subsequently certifies and 
submits a report to, the Committees on Appropria-
tions that the Government of Colombia and Colom-
bian Armed Forces are meeting the conditions that 
appear under this section in the explanatory state-
ment described in section 4 (in the matter preceding 
division A of this consolidated Act): Provided, That 
the requirement to withhold funds from obligation 
shall not apply with respect to funds made available 
under the heading ‘‘International Narcotics Control 
and Law Enforcement’’ in this Act for continued 
support for the Critical Flight Safety Program or 
for any alternative development programs in Colom-
bia administered by the Bureau of International 
Narcotics and Law Enforcement Affairs of the De-
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1115 
partment of State: Provided further, That not less 
than 30 days prior to making the certification the 
Secretary of State shall consult with Colombian and 
international human rights organizations. 
(3) ILLEGAL ARMED GROUPS.— 
(A) DENIAL OF VISAS.—Subject to para-
graph (B), the Secretary of State shall not 
issue a visa to any alien who the Secretary de-
termines, based on credible information— 
(i) has willfully provided any support 
to or benefitted from the Revolutionary 
Armed Forces of Colombia (FARC), the 
National Liberation Army (ELN), the 
United Self-Defense Forces of Colombia 
(AUC), or other illegal armed groups, in-
cluding taking actions or failing to take ac-
tions which allow, facilitate, or otherwise 
foster the activities of such groups; or 
(ii) has committed, ordered, incited, 
assisted, or otherwise participated in the 
commission of a violation of human rights 
in Colombia. 
(B) WAIVER.—Paragraph (A) shall not 
apply if the Secretary of State certifies to the 
Committees on Appropriations, on a case-by- 
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1116 
case basis, that the issuance of a visa to the 
alien is necessary to support the peace process 
in Colombia or for urgent humanitarian rea-
sons. 
(b) GUATEMALA.—Funds appropriated by this Act 
under the headings ‘‘International Military Education and 
Training’’ (IMET) and ‘‘Foreign Military Financing Pro-
gram’’ that are available for assistance for Guatemala may 
be made available only for the Guatemalan Air Force, 
Navy, and Army Corps of Engineers: Provided, That ex-
panded IMET may be made available for assistance for 
the Guatemalan Army. 
(c) HAITI.—The Government of Haiti shall be eligible 
to purchase defense articles and services under the Arms 
Export Control Act (22 U.S.C. 2751 et seq.) for the Coast 
Guard. 
(d) HONDURAS.—Prior to the obligation of 20 per-
cent of the funds appropriated by this Act that are avail-
able for assistance for Honduran military and police 
forces, the Secretary of State shall report in writing to 
the Committees on Appropriations that: the Government 
of Honduras is implementing policies to protect freedom 
of expression and association, and due process of law; and 
is investigating and prosecuting in the civilian justice sys-
tem, in accordance with Honduran and international law, 
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1117 
military and police personnel who are credibly alleged to 
have violated human rights, and the Honduran military 
and police are cooperating with civilian judicial authorities 
in such cases: Provided, That the restriction in this sub-
section shall not apply to assistance to promote trans-
parency, anti-corruption and the rule of law within the 
military and police forces. 
(e) MEXICO.—Prior to the obligation of 15 percent 
of the funds appropriated by this Act that are available 
for assistance for Mexican military and police forces, the 
Secretary of State shall report in writing to the Commit-
tees on Appropriations that: the Government of Mexico is 
investigating and prosecuting in the civilian justice sys-
tem, in accordance with Mexican and international law, 
military and police personnel who are credibly alleged to 
have violated human rights; is enforcing prohibitions on 
the use of testimony obtained through torture; and the 
Mexican military and police are cooperating with civilian 
judicial authorities in such cases: Provided, That the re-
striction in this subsection shall not apply to assistance 
to promote transparency, anti-corruption and the rule of 
law within the military and police forces. 
(f) TRADE CAPACITY.—Of the funds appropriated by 
this Act, not less than $10,000,000 under the heading 
‘‘Development Assistance’’ and not less than $10,000,000 
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1118 
under the heading ‘‘Economic Support Fund’’ shall be 
made available for labor and environmental capacity build-
ing activities relating to free trade agreements with coun-
tries of Central America, Peru and the Dominican Repub-
lic. 
(g) AIRCRAFT OPERATIONS AND MAINTENANCE.— 
To the maximum extent practicable, the costs of oper-
ations and maintenance, including fuel, of aircraft funded 
by this Act should be borne by the recipient country. 
SOUTH ASIA 
SEC. 7046. (a) AFGHANISTAN.— 
(1) LIMITATION.—None of the funds appro-
priated or otherwise made available by this Act 
under the headings ‘‘Economic Support Fund’’ and 
‘‘International Narcotics Control and Law Enforce-
ment’’ may be obligated for assistance for the Gov-
ernment of Afghanistan until the Secretary of State, 
in consultation with the Administrator of the United 
States 
Agency 
for 
International 
Development 
(USAID), certifies to the Committees on Appropria-
tions that— 
(A) The funds will be used to design and 
support programs in accordance with the June 
2011 ‘‘Administrator’s Sustainability Guidance 
for USAID in Afghanistan’’. 
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(B) The Government of Afghanistan is— 
(i) reducing corruption and improving 
governance, including by investigating, 
prosecuting, sanctioning or removing cor-
rupt officials from office and implementing 
financial transparency and accountability 
measures for government institutions and 
officials (including the Central Bank) as 
well as conducting oversight of public re-
sources; 
(ii) taking credible steps to protect the 
human rights of Afghan women; and 
(iii) taking significant steps to facili-
tate active public participation in govern-
ance and oversight. 
(C) Funds will be used to support and 
strengthen the capacity of Afghan public and 
private institutions and entities to reduce cor-
ruption and to improve transparency and ac-
countability of national, provincial and local 
governments. 
(D) Representatives of Afghan national, 
provincial or local governments, and local com-
munities and civil society organizations, includ-
ing women-led organizations, will be consulted 
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and participate in the design of programs, 
projects, and activities, including participation 
in implementation and oversight, and the devel-
opment of specific benchmarks to measure 
progress and outcomes. 
(2) ASSISTANCE AND OPERATIONS.— 
(A) Funds appropriated or otherwise made 
available by this Act for assistance for Afghani-
stan may be made available as a United States 
contribution to the Afghanistan Reconstruction 
Trust Fund (ARTF) unless the Secretary of 
State determines and reports to the Committees 
on Appropriations that the World Bank Moni-
toring Agent of the ARTF is unable to conduct 
its financial control and audit responsibilities 
due to restrictions on security personnel by the 
Government of Afghanistan. 
(B) Funds appropriated under the head-
ings ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforce-
ment’’ in this Act that are available for assist-
ance for Afghanistan— 
(i) shall be made available, to the 
maximum extent practicable, in a manner 
that emphasizes the participation of Af-
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ghan women, and directly improves the se-
curity, economic and social well-being, and 
political status, and protects the rights of, 
Afghan women and girls and complies with 
sections 7060 and 7061 of this Act, includ-
ing support for the Afghan Independent 
Human Rights Commission, the Afghan 
Ministry of Women’s Affairs, and women- 
led organizations; 
(ii) may be made available for a 
United States contribution to an inter-
nationally managed fund to support the 
reconciliation with and disarmament, de-
mobilization and reintegration into Afghan 
society of former combatants who have re-
nounced violence against the Government 
of Afghanistan: Provided, That funds may 
be made available to support reconciliation 
and reintegration activities only if: 
(I) Afghan women are partici-
pating at national, provincial and local 
levels of government in the design, 
policy formulation and implementation 
of the reconciliation or reintegration 
process, and such process upholds 
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steps taken by the Government of Af-
ghanistan to protect the human rights 
of Afghan women; and 
(II) such funds will not be used 
to support any pardon or immunity 
from prosecution, or any position in 
the Government of Afghanistan or se-
curity forces, for any leader of an 
armed group responsible for crimes 
against humanity, war crimes, or acts 
of terrorism; and 
(iii) may be made available for a 
United States contribution to the North 
Atlantic Treaty Organization/International 
Security Assistance Force Post-Operations 
Humanitarian Relief Fund. 
(C) The authority contained in section 
1102(c) of Public Law 111–32 shall continue in 
effect during fiscal year 2012 and shall apply 
as if part of this Act. 
(D)(i) Of the funds appropriated by this 
Act that are made available for assistance for 
Afghanistan, not less than $50,000,000 shall be 
made available for rule of law programs: Pro-
vided, That decisions on the uses of such funds 
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shall be the responsibility of the Coordinator for 
Rule of Law, in consultation with the Inter-
agency Planning and Implementation Team, at 
the United States Embassy in Kabul, Afghani-
stan: Provided further, That $250,000 of such 
funds shall be transferred to, and merged with, 
funds appropriated under the heading ‘‘Office 
of Inspector General’’ in title I of this Act for 
oversight of such programs and activities. 
(ii) The Coordinator for Rule of Law at 
the United States Embassy in Kabul, Afghani-
stan shall be consulted on the use of all funds 
appropriated by this Act for rule of law pro-
grams in Afghanistan. 
(E) None of the funds made available by 
this Act may be used by the United States Gov-
ernment to enter into a permanent basing 
rights agreement between the United States 
and Afghanistan. 
(F) Any significant modification to the 
scope, objectives or implementation mechanisms 
of United States assistance programs in Af-
ghanistan shall be subject to prior consultation 
with, and the regular notification procedures of, 
the Committees on Appropriations, except that 
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the prior consultation requirement may be 
waived in a manner consistent with section 
7015(e) of this Act. 
(G) Not later than 90 days after enact-
ment of this Act, the Secretary of State shall 
report to the Committees on Appropriations on 
the International Monetary Fund (IMF) coun-
try program for Afghanistan including actions 
requested by the IMF and taken by the Govern-
ment of Afghanistan to address the Kabul 
Bank crisis and restore confidence in Afghani-
stan’s banking sector. 
(H) Funds appropriated under titles III 
through VI of this Act that are made available 
for assistance for Afghanistan may be made 
available notwithstanding section 7012 of this 
Act or any similar provision of law and section 
660 of the Foreign Assistance Act of 1961. 
(3) OVERSIGHT.—The Special Inspector Gen-
eral for Afghanistan Reconstruction, the Inspector 
General of the Department of State and the Inspec-
tor General of USAID, shall jointly develop and sub-
mit to the Committees on Appropriations within 45 
days of enactment of this Act a coordinated audit 
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and inspection plan of United States assistance for, 
and civilian operations in, Afghanistan. 
(b) NEPAL.— 
(1) Funds appropriated by this Act under the 
heading ‘‘Foreign Military Financing Program’’ may 
be made available for assistance for Nepal only if 
the Secretary of State certifies to the Committees on 
Appropriations that the Nepal Army is— 
(A) cooperating fully with investigations 
and prosecutions of violations of human rights 
by civilian judicial authorities; and 
(B) working constructively to redefine the 
Nepal Army’s mission and adjust its size ac-
cordingly, 
implement 
reforms 
including 
strengthening the capacity of the civilian min-
istry of defense to improve budget transparency 
and accountability, and facilitate the integration 
of former rebel combatants into the security 
forces including the Nepal Army, consistent 
with the goals of reconciliation, peace and sta-
bility. 
(2) The conditions in paragraph (1) shall not 
apply to assistance for humanitarian relief and re-
construction activities in Nepal. 
(c) PAKISTAN.— 
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(1) CERTIFICATION.— 
(A) None of the funds appropriated or oth-
erwise made available by this Act under the 
headings ‘‘Economic Support Fund’’, ‘‘Inter-
national Narcotics Control and Law Enforce-
ment’’, ‘‘Foreign Military Financing Program’’, 
and ‘‘Pakistan Counterinsurgency Capability 
Fund’’ for assistance for the Government of 
Pakistan may be made available unless the Sec-
retary of State certifies to the Committees on 
Appropriations that the Government of Paki-
stan is— 
(i) cooperating with the United States 
in counterterrorism efforts against the 
Haqqani Network, the Quetta Shura 
Taliban, Lashkar e-Tayyiba, Jaish-e-Mo-
hammed, Al Qaeda and other domestic and 
foreign terrorist organizations, including 
taking steps to end support for such 
groups and prevent them from basing and 
operating in Pakistan and carrying out 
cross border attacks into neighboring coun-
tries; 
(ii) not supporting terrorist activities 
against United States or coalition forces in 
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Afghanistan, and Pakistan’s military and 
intelligence agencies are not intervening 
extra-judicially into political and judicial 
processes in Pakistan; 
(iii) dismantling improvised explosive 
device (IED) networks and interdicting 
precursor chemicals used in the manufac-
ture of IEDs; 
(iv) preventing the proliferation of nu-
clear-related material and expertise; 
(v) issuing visas in a timely manner 
for United States visitors engaged in 
counterterrorism efforts and assistance 
programs in Pakistan; and 
(vi) providing humanitarian organiza-
tions access to detainees, internally dis-
placed persons, and other Pakistani civil-
ians affected by the conflict. 
(B) The Secretary of State may waive the 
requirements of paragraph (A) if to do so is in 
the national security interests of the United 
States. 
(2) ASSISTANCE.— 
(A) Funds appropriated by this Act under 
the heading ‘‘Foreign Military Financing Pro-
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ant to a concurrent resolution on the budget or the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
(b) Of the unexpended balances available under the 
heading ‘‘Export and Investment Assistance, Export-Im-
port Bank of the United States, Subsidy Appropriation’’ 
from prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related programs, 
$400,000,000 are rescinded. 
(c) Of the unexpended balances available to the Presi-
dent for bilateral economic assistance under the heading 
‘‘Economic Support Fund’’ from prior Acts making appro-
priations for the Department of State, foreign operations, 
and related programs, $100,000,000 are rescinded: Pro-
vided, That no amounts may be rescinded from amounts 
that were designated by Congress as an emergency re-
quirement pursuant to a concurrent resolution on the 
budget or the Balanced Budget and Emergency Deficit 
Control Act of 1985. 
(d) The Secretary of State, as appropriate, shall con-
sult with the Committees on Appropriations at least 15 
days prior to implementing the rescissions made in this 
section. 
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