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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Foreign Relations Au-
thorization Act, Fiscal Year 2012’’. 
SEC. 2. TABLE OF CONTENTS. 
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 relo-
cation 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 Weap-
ons. 
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 institu-
tions 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 Man-
agement. 
Sec. 943. Limitation on USAID training contracts under the Merida Initiative. 
Sec. 944. Internet website to make publicly available comprehensive, timely, com-
parable, and accessible information on United States foreign as-
sistance 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 pro-
grams. 
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 inter-
national terrorism. 
Sec. 1013G. Report on Foreign Military Financing program. 
Sec. 1013H. Congressional notification of regulations and amendments to regula-
tions under section 38 of the Arms Export Control Act. 
Sec. 1013I. Diplomatic efforts to strengthen national and international arms ex-
port 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 quali-
tative 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 Af-
ghanistan. 
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 Free-
dom. 
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 Euro-
pean 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 govern-
ment. 
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. 
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED. 
Except as otherwise provided in this Act, the term ‘‘ap-
propriate congressional committees’’ means the Committee 
on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
TITLE I—AUTHORIZATION OF 
APPROPRIATIONS 
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 
The following amounts are authorized to be appro-
priated for the Department of State under ‘‘Administration 
of Foreign Affairs’’ to carry out the authorities, functions, 
duties, and responsibilities in the conduct of foreign affairs 
of the United States, and for other purposes authorized by 
law: 
(1) DIPLOMATIC
AND
CONSULAR
PROGRAMS.— 
For 
‘‘Diplomatic 
and 
Consular 
Programs’’, 
$8,790,000,000 for fiscal year 2012. 
(A) WORLDWIDE SECURITY PROTECTION.— 
Of such amounts, $1,500,000,000 is authorized to 
be appropriated for worldwide security protec-
tion. 
(B) 
BUREAU
OF
DEMOCRACY, 
HUMAN 
RIGHTS, AND LABOR.—Of such amounts, not less 
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than $21,416,000 for fiscal year 2012 is author-
ized to be appropriated for the Bureau of Democ-
racy, Human Rights and Labor. 
(2) CAPITAL INVESTMENT FUND.—For ‘‘Capital 
Investment Fund’’, $59,499,000 for fiscal year 2012. 
(3) EMBASSY
SECURITY, CONSTRUCTION
AND 
MAINTENANCE.—For ‘‘Embassy Security, Construc-
tion and Maintenance’’, $1,620,000,000 for fiscal year 
2012. 
(4) EDUCATIONAL
AND
CULTURAL
EXCHANGE 
PROGRAMS.—For ‘‘Educational and Cultural Ex-
change Programs’’, $600,000,000 for fiscal year 2012. 
(5) CONFLICT STABILIZATION OPERATIONS.—For 
‘‘Conflict Stabilization Operations’’, $35,000,000 for 
fiscal year 2012. 
(6) REPRESENTATION ALLOWANCES.—For ‘‘Rep-
resentation Allowances’’, $7,499,000 for fiscal year 
2012. 
(7) PROTECTION OF FOREIGN MISSIONS AND OF-
FICIALS.—For ‘‘Protection of Foreign Missions and 
Officials’’, $27,744,000 for fiscal year 2012. 
(8) EMERGENCIES IN THE DIPLOMATIC AND CON-
SULAR
SERVICE.—For ‘‘Emergencies in the Diplo-
matic and Consular Service’’, $9,499,000 for fiscal 
year 2012. 
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(9) REPATRIATION
LOANS.—For ‘‘Repatriation 
Loans’’, $1,450,000 for fiscal year 2012. 
(10) PAYMENT TO THE AMERICAN INSTITUTE IN 
TAIWAN.—For ‘‘Payment to the American Institute in 
Taiwan’’, $21,150,000 for fiscal year 2012. 
(11) OFFICE OF THE INSPECTOR GENERAL.—For 
‘‘Office of the Inspector General’’, $100,000,000 for 
fiscal year 2012, including for the Special Inspector 
General for Iraq Reconstruction and the Special In-
spector General for Afghanistan Reconstruction. 
SEC. 102. CONTRIBUTIONS TO INTERNATIONAL ORGANIZA-
TIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated for ‘‘Contributions to International Organizations’’, 
$1,186,361,250 for fiscal year 2012, for the Department of 
State to carry out the authorities, functions, duties, and 
responsibilities in the conduct of the foreign affairs of the 
United States with respect to international organizations 
and to carry out other authorities in law consistent with 
such purposes. 
(b) LIMITATION.—None of the funds authorized to be 
appropriated by this section are authorized to be appro-
priated for assessed contributions to the Organization of 
American States. 
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SEC. 103. CONTRIBUTIONS FOR INTERNATIONAL PEACE-
KEEPING ACTIVITIES. 
(a) STATEMENT OF POLICY.—It remains the policy of 
the United States, pursuant to section 404(b)(2)(A) of the 
Foreign Relations Authorization Act, Fiscal Years 1994 
and 1995 (Public Law 103–236; 22 U.S.C. 287e note) that 
funds authorized to be appropriated for contributions for 
international peacekeeping activities shall not be available 
for the payment of the United States assessed contribution 
for a United Nations peacekeeping operation in an amount 
that is greater than 25 percent of the total of all assessed 
contributions for such operation. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for ‘‘Contributions for Inter-
national Peacekeeping Activities’’, $1,735,382,277 for fiscal 
year 2012 for the Department of State to carry out the au-
thorities, functions, duties, and responsibilities of the 
United States with respect to international peacekeeping 
activities and to carry out other authorities in law con-
sistent with such purposes. 
SEC. 104. INTERNATIONAL COMMISSIONS. 
The following amounts are authorized to be appro-
priated under ‘‘International Commissions’’ for the Depart-
ment of State to carry out the authorities, functions, duties, 
and responsibilities in the conduct of the foreign affairs of 
the United States and for other purposes authorized by law: 
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(1) INTERNATIONAL BOUNDARY AND WATER COM-
MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter-
national Boundary and Water Commission, United 
States and Mexico’’— 
(A) 
for 
‘‘Salaries 
and 
Expenses’’, 
$43,300,000 for fiscal year 2012; and 
(B) for ‘‘Construction’’, $26,500,000 for fis-
cal year 2012. 
(2) INTERNATIONAL
BOUNDARY
COMMISSION, 
UNITED
STATES
AND
CANADA.—For ‘‘International 
Boundary Commission, United States and Canada’’, 
$2,433,000 for fiscal year 2012. 
(3) INTERNATIONAL
JOINT
COMMISSION.—For 
‘‘International Joint Commission’’, $7,237,000 for fis-
cal year 2012. 
(4) INTERNATIONAL FISHERIES COMMISSIONS.— 
For 
‘‘International 
Fisheries 
Commissions’’, 
$31,291,000 for fiscal year 2012. 
SEC. 105. MIGRATION AND REFUGEE ASSISTANCE. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for ‘‘Migration and Refugee 
Assistance’’ for authorized activities $1,690,000,000 for fis-
cal year 2012. 
(b) REFUGEE RESETTLEMENT
IN ISRAEL.—Of the 
amounts authorized to be appropriated by subsection (a), 
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there are authorized to be appropriated $25,000,000 for fis-
cal year 2012 for resettlement of refugees in Israel. 
SEC. 106. NATIONAL ENDOWMENT FOR DEMOCRACY. 
There are authorized to be appropriated for the ‘‘Na-
tional Endowment for Democracy’’ for authorized activities 
$118,000,000 for fiscal year 2012. 
TITLE 
II—DEPARTMENT 
OF 
STATE AUTHORITIES AND AC-
TIVITIES 
Subtitle A—Basic Authorities and 
Activities 
SEC. 201. TRANSFER OF INSPECTIONS BACK TO THE SEC-
RETARY OF STATE. 
(a) LIMITATION OF INSPECTOR GENERAL DUTIES.— 
Paragraph (1) section 209(a) of the Foreign Service Act of 
1980 (22 U.S.C. 3929(a)), is amended by striking the fourth 
sentence and inserting the following new sentence: ‘‘The In-
spector General shall perform such functions as the Sec-
retary of State may prescribe, except that the Secretary of 
State shall not assign to the Inspector general any general 
operating responsibilities.’’. 
(b) INSPECTIONS BY THE SECRETARY OF STATE.— 
(1) INSPECTIONS.—The Secretary of State shall 
periodically inspect the administration of activities 
and operations of each Foreign Service post and each 
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bureau and other operating unit of the Department of 
State. 
(2) REPORTS
PROVIDED
TO
THE
INSPECTOR 
GENERAL.—The Secretary of State shall provide to 
the Inspector General of the Department of State a 
copy of the report of each inspection carried out in 
accordance with paragraph (1). 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as limiting the authority of the Inspector 
General of the Department of State to conduct audits, inves-
tigations, or inspections under the Inspector General Act 
of 1978 (5 U.S.C. App.). 
SEC. 202. INTERNATIONAL LITIGATION FUND. 
Paragraph (3) of section 38(d) of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2710(d)) is 
amended by striking ‘‘by the Department of State from an-
other agency of the United States Government or pursuant 
to’’ and inserting ‘‘by the Department of State as a result 
of a decision of an international tribunal, from another 
agency of the United States Government, or pursuant to’’. 
SEC. 203. ACTUARIAL VALUATIONS. 
The Foreign Service Act of 1980 is amended— 
(1) in section 818 (22 U.S.C. 4058)— 
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(A) in the first sentence, by striking ‘‘Sec-
retary of the Treasury’’ and inserting ‘‘Secretary 
of State’’; and 
(B) by amending the second sentence to 
read as follows: ‘‘The Secretary of State is au-
thorized to expend from money to the credit of 
the Fund such sums as may be necessary to ad-
minister the provisions of this subchapter, in-
cluding actuarial advice, but only to the extent 
and in such amounts as are provided in advance 
in appropriations Acts.’’; 
(2) in section 819 (22 U.S.C. 4059), in the first 
sentence, by striking ‘‘Secretary of the Treasury’’ the 
second place it appears and inserting ‘‘Secretary of 
State’’; 
(3) in section 825(b) (22 U.S.C. 4065(b)), by 
striking ‘‘Secretary of the Treasury’’ and inserting 
‘‘Secretary of State’’; and 
(4) section 859(c) (22 U.S.C. 4071h(c))— 
(A) by striking ‘‘Secretary of the Treasury’’ 
and inserting instead ‘‘Secretary of State’’; and 
(B) by striking ‘‘and shall advise the Sec-
retary of State of’’ and inserting ‘‘that will pro-
vide’’. 
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SEC. 204. SPECIAL AGENTS. 
(a) IN GENERAL.—Paragraph (1) of section 37(a) of 
the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2709(a)) is amended to read as follows: 
‘‘(1) conduct investigations concerning— 
‘‘(A) illegal passport or visa issuance or 
use; 
‘‘(B) identity theft or document fraud af-
fecting or relating to the programs, functions, 
and authorities of the Department of State; and 
‘‘(C) Federal offenses committed within the 
special maritime and territorial jurisdiction of 
the United States as defined in paragraph (9) of 
section 7 of title 18, United States Code, except 
as that jurisdiction relates to the premises of 
United States military missions and related resi-
dences;’’. 
(b) RULE OF CONSTRUCTION.—Nothing in paragraph 
(1) of section 37(a) the State Department Basic Authorities 
Act of 1956 (as amended by subsection (a) of this section) 
shall be construed to limit the investigative authority of any 
other Federal department or agency. 
SEC. 205. DIPLOMATIC SECURITY PROGRAM CONTRACTING. 
Section 136 of the Foreign Relations Authorization 
Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is 
amended— 
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(1) in subsection (c)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘With respect’’ and inserting ‘‘Ex-
cept as provided in subsection (d), with respect’’; 
and 
(B) in paragraph (3), by striking ‘‘sub-
section (d)’’ and inserting ‘‘subsection (e)’’; 
(2) by redesignating subsections (d), (e), (f), and 
(g) as subsections (e), (f), (g), and (h), respectively; 
(3) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) AWARD
OF LOCAL GUARD
AND PROTECTIVE 
SERVICE CONTRACTS IN HIGH RISK AREAS.—With respect 
to local guard contracts for Foreign Service buildings lo-
cated in high risk areas which exceed $250,000, the Sec-
retary of State shall— 
‘‘(1) comply with paragraphs (1), (2), (4), (5), 
and (6) of subsection (c) in the award of such con-
tracts; 
‘‘(2) in evaluating proposals for such contracts, 
award contracts to the firm representing the best 
value to the Government in accordance with the best 
value tradeoff process described in subpart 15.1 of the 
Federal Acquisition Regulation (48 C.F.R. 15.101–1); 
and 
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‘‘(3) ensure that in all contracts awarded under 
this subsection, contractor personnel providing local 
guard or protective services are classified as— 
‘‘(A) employees of the offeror; 
‘‘(B) if the offeror is a joint venture, as the 
employees of one of the persons or parties consti-
tuting the joint venture; or 
‘‘(C) as employees of a subcontractor to the 
offeror, and not as independent contractors to the 
offeror or any other entity performing under 
such contracts.’’; and 
(4) in subsection (e), as redesignated by para-
graph (2) of this section— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) the term ‘high risk areas’ means— 
‘‘(A) an area designated as a contingency 
operation in accordance with section 101(a)(13) 
of title 10, United States Code; or 
‘‘(B) an area determined by the Assistant 
Secretary of Diplomatic Security to present an 
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increased threat of serious damage or harm to 
United States diplomatic facilities or per-
sonnel.’’. 
Subtitle B—Consular Services and 
Related Matters 
SEC. 211. EXTENSION OF AUTHORITY TO ASSESS PASSPORT 
SURCHARGE. 
Paragraph (2) of section 1(b) of the Act of June 4, 
1920 (41 Stat. 750; chapter 223; 22 U.S.C. 214(b)), is 
amended by striking ‘‘2010’’ and inserting ‘‘2015’’. 
SEC. 212. TIBET. 
(a) TIBET NEGOTIATIONS.—Section 613(a) of the Ti-
betan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 
6901 note) is amended— 
(1) in paragraph (1), by inserting before the pe-
riod at the end the following: ‘‘, and should coordinate 
with other governments in multilateral efforts toward 
this goal’’; 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) POLICY
COORDINATION.—The President 
shall direct the National Security Council to ensure 
that, in accordance with this Act, United States pol-
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icy on Tibet is coordinated and communicated with 
all executive branch agencies in contact with the Gov-
ernment of the People’s Republic of China.’’. 
(b) DIPLOMATIC
REPRESENTATION
RELATING
TO 
TIBET.— 
(1) UNITED STATES EMBASSY IN BEIJING.— 
(A) IN GENERAL.—The Secretary of State is 
authorized to establish a Tibet Section within the 
United States Embassy in Beijing, China, for 
the purposes of following political, economic, and 
social developments inside Tibet, including Ti-
betan areas of Qinghai, Sichuan, Gansu, and 
Yunnan provinces, until such time as a United 
States consulate in Tibet is established. Such 
Tibet Section shall have the primary responsi-
bility for reporting on human rights issues in 
Tibet and shall work in close cooperation with 
the Office of the Special Coordinator for Tibetan 
Issues of the Department of State. The chief of 
such Tibet Section should be of senior rank. 
(2) IN TIBET.—Section 618 of the Tibetan Policy 
Act of 2002 is amended to read as follows: 
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‘‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CON-
SULATE IN LHASA, TIBET. 
‘‘The Secretary shall seek to establish a United States 
consulate in Lhasa, Tibet, to provide services to United 
States citizens traveling in Tibet and to monitor political, 
economic, and cultural developments in Tibet, including Ti-
betan areas of Qinghai, Sichuan, Gansu, and Yunnan prov-
inces and, until such consulate is established, shall not per-
mit the establishment in the United States of any addi-
tional consulate of the People’s Republic of China.’’. 
(c) RELIGIOUS
PERSECUTION
IN
TIBET.—Section 
620(b) of the Tibetan Policy Act of 2002 is amended by 
adding before the period at the end the following: ‘‘, includ-
ing in the reincarnation system of Tibetan Buddhism’’. 
(d) BILATERAL ASSISTANCE.—Section 616 of the Ti-
betan Policy Act of 2002 is amended— 
(1) in subsection (a), in the second sentence, by 
striking ‘‘subsection (d)’’ and inserting ‘‘subsection 
(e)’’; 
(2) in subsection (b), by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection (e)’’; 
(3) in subsection (c), by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection (e)’’; 
(4) by redesignating subsection (d) as subsection 
(e); and 
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(5) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) UNITED STATES ASSISTANCE.—The President 
shall provide grants to nongovernmental organizations to 
support sustainable economic development, cultural and 
historical preservation, health care, education, and environ-
mental sustainability projects for Tibetan communities in 
the Tibet Autonomous Region and in other Tibetan commu-
nities in China, in accordance with the principles specified 
in subsection (e) and subject to review and approval of the 
United States Special Coordinator for Tibetan Issues under 
section 621(d).’’. 
SEC. 213. MAINTENANCE COST SHARING PROGRAM. 
Section 604(e)(1) of the Secure Embassy Construction 
and Counterterrorism Act of 1999 (22 U.S.C. 4865 note) 
is amended, in the first sentence, by striking ‘‘providing 
new,’’ and inserting ‘‘providing, maintaining, repairing, 
and renovating’’. 
SEC. 214. BORDER CROSSING CARD FEE FOR MINORS. 
Section 410(a)(1)(A) of the Department of State and 
Related Agencies Appropriations Act, 1999 (contained in 
division A of Public Law 105–277) is amended by striking 
‘‘a fee of $13’’ and inserting ‘‘a fee equal to one-half the 
fee that would otherwise apply for processing a machine 
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readable combined border crossing identification card and 
nonimmigrant visa’’. 
SEC. 215. REPORT ON OFFICE OF TERRORISM FINANCE AND 
ECONOMIC SANCTIONS POLICY OF THE DE-
PARTMENT OF STATE. 
(a) REPORT.—Not later than three months after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees a 
report on the resources and effectiveness of the Office of Ter-
rorism Finance and Economic Sanctions Policy of the De-
partment of State. 
(b) CONTENTS.—The report required under subsection 
(a) shall include the following: 
(1) An assessment of how additional resources 
would enhance the efforts of the Office of Terrorism 
Finance and Economic Sanctions Policy to initiate, 
conduct, and complete investigations into violations 
of United States sanctions policy in a timely and ef-
fective manner and carry out its goals and mission. 
(2) An assessment of the feasibility and con-
straints toward increasing personnel numbers or ena-
bling short-term contracting with outside consultants 
in the Office of Terrorism Finance and Economic 
Sanctions Policy. 
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(3) An analysis of the potential impact of in-
creased personnel, contracting authority, and re-
sources for the Office of Terrorism Finance and Eco-
nomic Sanctions Policy on the timeframe for a typ-
ical investigation’s initiation, performance, conclu-
sion, and resolution. 
Subtitle C—Other Matters 
SEC. 221. STATEMENT OF POLICY ON EXISTING UNITED 
STATES UNDERSTANDINGS WITH ISRAEL. 
It is shall be the policy of the United States to uphold 
and act in accordance with all of the reassurances provided 
by the President in the April 14, 2004, letter to the Prime 
Minister of Israel. 
SEC. 222. RECOGNITION OF JERUSALEM AS THE CAPITAL 
OF THE STATE OF ISRAEL AND RELOCATION 
OF THE UNITED STATES EMBASSY TO JERU-
SALEM. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) Jerusalem must remain an undivided city in 
which the rights of every ethnic and religious group 
are protected as they have been by Israel since 1967; 
(2) the President and the Secretary of State 
should publicly affirm as a matter of United States 
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policy that Jerusalem must remain the undivided 
capital of the State of Israel; 
(3) the President should immediately implement 
the provisions of Jerusalem Embassy Act of 1995 
(Public Law 104–45) and begin the process of relo-
cating the United States Embassy in Israel to Jeru-
salem; and 
(4) United States officials should refrain from 
any actions that contradict United States law on this 
subject. 
(b) AMENDING OF WAIVER AUTHORITY.—Subsection 
(a) of section 7 of the Jerusalem Embassy Act of 1995 (Pub-
lic Law 104–45) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(4) The Presidential waiver authority granted in this 
section shall expire on January 1, 2014.’’. 
(c) IDENTIFICATION OF JERUSALEM ON GOVERNMENT 
DOCUMENTS.—Notwithstanding any other provision of law, 
any official document of the United States Government that 
lists countries and their capital cities shall identify Jeru-
salem as the capital of Israel. 
(d) TIMETABLE.—It is the policy of the United States 
that the United States Embassy in Israel should be estab-
lished in Jerusalem as soon as possible, and not later than 
January 1, 2014. 
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(e) FISCAL YEAR 2012 FUNDING.—Of the funds au-
thorized to be appropriated for ‘‘Acquisition and Mainte-
nance of Buildings Abroad’’ for the Department of State 
for fiscal year 2012, not less than $500,000 shall be made 
available until expended only for construction and other 
costs associated with the establishment of the United States 
Embassy in Israel in the capital of Jerusalem. 
(f) DEFINITION.—In this section, the term ‘‘United 
States Embassy’’ means the offices of the United States dip-
lomatic mission and the residence of the United States chief 
of mission. 
TITLE III—ORGANIZATION AND 
PERSONNEL AUTHORITIES 
SEC. 301. SUSPENSION OF FOREIGN SERVICE MEMBERS 
WITHOUT PAY. 
(a) SUSPENSION.—Section 610 of the Foreign Service 
Act of 1980 (22 U.S.C. 4010) is amended by adding at the 
end the following new subsection: 
‘‘(c)(1) In order to promote the efficiency of the Serv-
ice, the Secretary may suspend a member of the Foreign 
Service without pay when the member’s security clearance 
is suspended or when there is reasonable cause to believe 
that the member has committed a crime for which a sen-
tence of imprisonment may be imposed. 
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‘‘(2) Any member of the Foreign Service for whom a 
suspension is proposed in accordance with paragraph (1) 
shall be entitled to— 
‘‘(A) written notice stating the specific reasons 
for the proposed suspension; 
‘‘(B) a reasonable time to respond orally and in 
writing to the proposed suspension; 
‘‘(C) representation by an attorney or other rep-
resentative; and 
‘‘(D) a final written decision, including the spe-
cific reasons for such decision, as soon as practicable. 
‘‘(3) Any member suspended under this section may 
file a grievance in accordance with the procedures applica-
ble to grievances under chapter 11. 
‘‘(4) In the case of a grievance filed under paragraph 
(3)— 
‘‘(A) the review by the Foreign Service Grievance 
Board shall be limited to a determination of whether 
the provisions of paragraphs (1) and (2) have been 
fulfilled; and 
‘‘(B) the Foreign Service Grievance Board may 
not exercise the authority provided under section 
1106(8). 
‘‘(5) In this subsection: 
‘‘(A) The term ‘reasonable time’ means— 
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‘‘(i) with respect to a member of the Foreign 
Service assigned to duty in the United States, 15 
days after receiving notice of the proposed sus-
pension; and 
‘‘(ii) with respect to a member of the For-
eign Service assigned to duty outside the United 
States, 30 days after receiving notice of the pro-
posed suspension. 
‘‘(B) The term ‘suspend’ or ‘suspension’ means 
the placing of a member of the Foreign Service in a 
temporary status without duties and pay.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) AMENDMENT OF SECTION HEADING.—Section 
610 of the Foreign Service Act of 1980, as amended 
by subsection (a) of this section, is further amended, 
in the section heading, by inserting ‘‘; SUSPENSION’’ 
before the period at the end. 
(2) CLERICAL AMENDMENT.—The item relating 
to section 610 in the table of contents in section 2 of 
the Foreign Service Act of 1980 is amended to read 
as follows: 
‘‘Sec. 610. Separation for cause; suspension.’’. 
SEC. 302. REPEAL OF RECERTIFICATION REQUIREMENT 
FOR SENIOR FOREIGN SERVICE. 
Section 305(d) of the Foreign Service Act of 1980 (22 
U.S.C. 3945(d)) is repealed. 
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SEC. 303. LIMITED APPOINTMENTS IN THE FOREIGN SERV-
ICE. 
Section 309 of the Foreign Service Act of 1980 (22 
U.S.C. 3949) is amended— 
(1) in subsection (a), by striking ‘‘subsection (b)’’ 
and inserting ‘‘subsections (b) or (c)’’; 
(2) in subsection (b)— 
(A) in paragraph (3)— 
(i) by inserting ‘‘(A),’’ after ‘‘if’’; and 
(ii) by inserting before the semicolon at 
the end the following: ‘‘, or (B), the career 
candidate is serving in the uniformed serv-
ices, as defined by the Uniformed Services 
Employment and Reemployment Rights Act 
of 1994 (38 U.S.C. 4301 et seq.), and the 
limited appointment expires in the course of 
such service’’; 
(B) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (5), by striking the period 
at the end and inserting ‘‘; and’’; and 
(D) by adding after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) in exceptional circumstances where the Secretary 
determines the needs of the Service require the extension of 
a limited appointment (A), for a period of time not to ex-
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ceed 12 months (if such period of time does not permit addi-
tional review by boards under section 306), or (B), for the 
minimum time needed to settle a grievance, claim, or com-
plaint not otherwise provided for in this section.’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) Non-career Foreign Service employees who have 
served five consecutive years under a limited appointment 
may be reappointed to a subsequent limited appointment 
if there is a one year break in service between each such 
appointment. The Secretary may in cases of special need 
waive the requirement for a one year break in service.’’. 
SEC. 304. LIMITATION OF COMPENSATORY TIME OFF FOR 
TRAVEL. 
Section 5550b of title 5, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(c) The maximum amount of compensatory time off 
earned under this section may not exceed 104 hours during 
any leave year (as defined by regulations established by the 
Office of Personnel Management).’’. 
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TITLE 
IV—UNITED 
STATES 
INTERNATIONAL 
BROAD-
CASTING 
SEC. 
401. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
INTERNATIONAL BROADCASTING. 
(a) IN GENERAL.—The following amounts are author-
ized to be appropriated to carry out United States inter-
national broadcasting activities under the United States In-
formation and Educational Exchange Act of 1948, the 
Radio Broadcasting to Cuba Act, the Television Broad-
casting to Cuba Act, the United States International Broad-
casting Act of 1994, and the Foreign Affairs Reform and 
Restructuring Act of 1998, and to carry out other authori-
ties in law consistent with such purposes: 
(1) For ‘‘International Broadcasting Oper-
ations’’, $741,500,000 for fiscal year 2012. 
(2) For ‘‘Broadcasting Capital Improvements’’, 
$6,875,000 for fiscal year 2012. 
(b) LIMITATION.— 
(1) RELATING TO VOICE OF AMERICA BROAD-
CASTING TO CHINA.—Of the funds authorized to be 
appropriated to the Broadcasting Board of Governors, 
$13,760,000 is authorized to be appropriated only for 
Voice of America Mandarin and Cantonese language 
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radio and satellite television broadcasting. Such funds 
may not be used for any other purpose. 
(2) RELATING TO SINDHI.—Of the funds author-
ized to be appropriated to the Broadcasting Board of 
Governors, $1,500,000 is authorized to be appro-
priated only for Voice of America Sindhi language 
communication. Such funds may not be used for any 
other purpose. 
SEC. 402. PERSONAL SERVICES CONTRACTING PROGRAM. 
Section 504(c) of the Foreign Relations Authorization 
Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 
6206 note), is amended by striking ‘‘2009’’ and inserting 
‘‘2014’’. 
SEC. 403. EMPLOYMENT FOR INTERNATIONAL BROAD-
CASTING. 
Section 804(1) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) is 
amended— 
(1) by inserting after ‘‘suitably qualified United 
States citizens’’ the following: ‘‘(for purposes of this 
paragraph, the term ‘suitably qualified United States 
citizens’ means those United States citizen applicants 
who are equally or better qualified than alien appli-
cants)’’; and 
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(2) by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security’’. 
SEC. 404. TECHNICAL AMENDMENT RELATING TO CIVIL IM-
MUNITY FOR BROADCASTING BOARD OF GOV-
ERNORS MEMBERS. 
Section 304(g) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6203(g)) is amended 
by striking ‘‘Incorporated and Radio Free Asia’’ and in-
serting ‘‘Incorporated, Radio Free Asia, and Middle East 
Broadcasting Networks’’. 
TITLE V—REPORTING 
REQUIREMENTS 
SEC. 501. REPORTING REFORM. 
The following provisions of law are repealed: 
(1) Section 560(g) of Public Law 103–87. 
(2) Section 605(c) of App. G, Public Law 106– 
113. 
(3) Section 104 of Public Law 102–511. 
(4) Section 704(c) of Public Law 101–179. 
(5) Section 1012(c) of Public Law 103–337. 
(6) Subsections (c)(4) and (c)(5) of section 601 
of Public Law 96–465. 
(7) Section 585 in the matter under section 
101(c) of division A of Public Law 104–208. 
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(8) Sections 694(a), 694(b), 704, and 1321 of 
Public Law 107–228. 
(9) Sections 133(d) of Public Law 87–195. 
(10) Sections 11(b) of Public Law 107–245. 
(11) Section 514(a) of Public Law 103–236. 
(12) Section 807 of Public Law 98–164. 
SEC. 502. DIPLOMATIC RELATIONS WITH ISRAEL. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to assist Israel in its efforts to establish and 
enhance its diplomatic relations with other responsible 
countries and to promote Israel’s full participation in ap-
propriate multilateral forums. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act and annually for each of the 
following three years, the Secretary of State shall submit 
to the appropriate congressional committees a report that 
includes the following information: 
(1) Actions taken by representatives of the 
United States to encourage other responsible countries 
to establish full diplomatic relations with Israel. 
(2) Specific responses solicited and received by 
the Secretary from countries that do not maintain 
full diplomatic relations with Israel with respect to 
their attitudes toward and plans for entering into 
diplomatic relations with Israel. 
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(3) Actions taken by representatives of the 
United States to encourage Israel’s entry into appro-
priate regional and other groupings, encourage 
Israel’s election to governing bodies of appropriate 
multilateral forums, and support Israel’s membership 
in appropriate multilateral forums. 
(4) Other measures being undertaken, and meas-
ures that will be undertaken, by the United States to 
counter multilateral efforts to isolate Israel, as well as 
to ensure and promote Israel’s full participation in 
the world diplomatic community. 
(c) FORM
OF SUBMISSION.—Each report required 
under subsection (b) shall be submitted in unclassified form 
but may include a classified annex, if the Secretary of State 
determines such is appropriate. 
SEC. 503. REPORT ON PROGRESS TO AMELIORATE VIOLA-
TIONS OF RELIGIOUS FREEDOM. 
The Foreign Assistance Act of 1961 is amended— 
(1) in section 116 (22 U.S.C. 2151n), by adding 
at the end the following new subsection: 
‘‘(g) PROGRESS TO AMELIORATE VIOLATIONS OF RELI-
GIOUS FREEDOM.—Every five years beginning in 2012, the 
report required by subsection (d) shall include, wherever ap-
plicable, a description of progress to ameliorate violations 
of religious freedom identified by the United States Com-
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mission on International Religious Freedom by govern-
ments of countries designated by the Commission as Coun-
tries of Particular Concern.’’; and 
(2) in section 502B (22 U.S.C. 2304), by adding 
at the end the following new subsection: 
‘‘(j) PROGRESS TO AMELIORATE VIOLATIONS OF RELI-
GIOUS FREEDOM.—Every five years beginning in 2012, the 
report required by subsection (b) shall include, wherever ap-
plicable, a description of progress to ameliorate violations 
of religious freedom identified by the United States Com-
mission on International Religious Freedom by govern-
ments of countries designated by the Commission as Coun-
tries of Particular Concern.’’. 
TITLE VI—PROLIFERATION 
SECURITY INITIATIVE 
SEC. 601. AUTHORITY TO INTERDICT CERTAIN IMPORTS TO 
AND EXPORTS FROM IRAN. 
The President is authorized to— 
(1) utilize the Proliferation Security Initiative 
and other measures necessary to enforce United States 
laws and Executive Orders, and multilateral and bi-
lateral agreements, including the 2005 Protocol to the 
Convention for the Suppression of Unlawful Acts 
against the Safety of Maritime Navigation, for the 
purpose of interdicting the import into or export from 
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Iran by the Government of Iran or any other country, 
entity, or person of any items, materials, equipment, 
goods, or technology useful for any nuclear, biological, 
chemical, missile, or conventional arms program; and 
(2) utilize ship boarding and other interdiction 
agreements with countries determined to be necessary 
to accomplish the purpose specified in paragraph (1). 
SEC. 602. REPORT. 
(a) IN GENERAL.—Section 2 of the Iran, North Korea, 
and Syria Nonproliferation Act (Public Law 106–178; 50 
U.S.C. 1701 note) is amended— 
(1) in subsection (b), by striking ‘‘6-month pe-
riod’’ and inserting ‘‘120-day period’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) ADDITIONAL CONTENTS OF REPORTS.—Each re-
port under subsection (a) shall contain a description, with 
respect the transfer or acquisition of the goods, services, or 
technology described in such subsection, of the actions taken 
by foreign governments to assist in interdicting such trans-
fer or acquisition.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) take effect on the date of the enactment of this 
Act and apply with respect to the first report required to 
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be submitted under section 2 of the Iran, North Korea, and 
Syria Nonproliferation Act after such date. 
SEC. 603. DEFINITIONS. 
In this title: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee of Foreign Affairs and 
the Committee on Appropriations of the House of 
Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate. 
(2) GOVERNMENT OF IRAN.—The term ‘‘Govern-
ment of Iran’’ means— 
(A) any official of the Government of Iran; 
(B) any agency or instrumentality of the 
Government of Iran; 
(C) any entity that is owned or controlled, 
directly or indirectly, by the Government of 
Iran; 
(D) any member or instrumentality of the 
Iranian Revolutionary Guard Corps (IRGC); or 
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(E) any entity that is owned or controlled, 
directly or indirectly by a member or instrumen-
tality of the IRGC. 
TITLE VII—PEACE CORPS VOL-
UNTEER 
SERVICE 
PROTEC-
TION 
SEC. 701. SEXUAL ASSAULT COMPLAINTS IN THE PEACE 
CORPS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the Peace Corps has begun responding to concerns re-
lated to its handling of sexual assault complaints from its 
volunteers that have been the subject of media reports and 
oversight hearings, including by the hiring of a Victim’s 
Advocate. 
(b) STATEMENT OF CONGRESS.—Congress looks for-
ward to working cooperatively with the Peace Corps on ad-
ditional, necessary steps to protect volunteers, including the 
enactment and implementation of this title. 
SEC. 702. PEACE CORPS VOLUNTEER PROTECTION. 
The Peace Corps Act is amended by inserting after sec-
tion 8 (22 U.S.C. 2507) the following new sections: 
‘‘SAFETY AND SECURITY AGREEMENT REGARDING PEACE 
CORPS VOLUNTEERS SERVING IN FOREIGN COUNTRIES 
‘‘SEC. 8A. (a) IN GENERAL.—Not later than six 
months after the date of the enactment of this section, the 
Director of the Peace Corps shall consult with the Assistant 
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Secretary of State for Diplomatic Security and enter into 
a memorandum of understanding that specifies the duties 
and obligations of the Peace Corps and the Bureau of Diplo-
matic Security of the Department of State with respect to 
the protection of Peace Corps volunteers and staff members 
serving in foreign countries, including with respect to inves-
tigations of safety and security incidents and crimes com-
mitted against such volunteers and staff members. 
‘‘(b) INSPECTOR GENERAL REVIEW.— 
‘‘(1) REVIEW.—The Inspector General of the 
Peace Corps shall review the memorandum of under-
standing described in subsection (a) and be afforded 
the opportunity to recommend changes that advance 
the safety and security of Peace Corps volunteers be-
fore its entry into force. 
‘‘(2) REPORT.—The Director of the Peace Corps 
shall consider all recommendations of the Inspector 
General of the Peace Corps regarding the memo-
randum of understanding described in subsection (a). 
If the Director enters into such memorandum without 
addressing a recommendation of the Inspector Gen-
eral, the Director shall submit to the Inspector Gen-
eral an explanation relating thereto. 
‘‘(3) FAILURE TO MEET DEADLINE.— 
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‘‘(A) REQUIREMENT TO SUBMIT REPORT.— 
If, by the date that is 6 months after the date of 
the enactment of this section, the Director of the 
Peace Corps is unable to obtain agreement with 
the Assistant Secretary of State for Diplomatic 
Security and certification by the Inspector Gen-
eral of the Peace Corps, the Director shall submit 
to the committees of Congress specified in sub-
paragraph (C) a report explaining the reasons 
for such failure. 
‘‘(B) LIMITATION
ON
FUNDS.—If, by the 
date that is 9 months after the date of the enact-
ment of this section, the memorandum of under-
standing described in subsection (a) has not en-
tered into force, no funds available to the Peace 
Corps may be obligated or expended to extend to 
Peace Corps volunteers invitations for service or 
to deploy Peace Corps trainees overseas unless 
the Director of the Peace Corps certifies to the 
committees of Congress specified in subpara-
graph (C) that— 
‘‘(i) significant progress is being made 
toward finalizing such memorandum; and 
‘‘(ii) the Peace Corps is using best ef-
forts to provide volunteers with the train-
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ing, support, and information they need to 
stay safe and secure. 
‘‘(C) COMMITTEES
OF
CONGRESS
SPECI-
FIED.—The committees of Congress specified in 
this subparagraph are the Committee on Foreign 
Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
‘‘(c) INCLUSION OF TRAINEES.—In this section and 
sections 8B through 8I, the term ‘volunteers’ includes train-
ees. 
‘‘SEXUAL ASSAULT RISK-REDUCTION AND RESPONSE 
TRAINING 
‘‘SEC. 8B. (a) IN GENERAL.—As part of the training 
provided to all volunteers under section 8(a), the Director 
of the Peace Corps shall develop and implement comprehen-
sive sexual assault risk-reduction and response training 
that conforms to best practices in the sexual assault field 
as appropriate for first responders and other staff. 
‘‘(b) DEVELOPMENT AND CONSULTATION WITH EX-
PERTS.—In developing the sexual assault risk-reduction 
and response training under subsection (a), the Director of 
the Peace Corps shall consult with and incorporate, as ap-
propriate, the recommendations and views of experts in the 
sexual assault field. 
‘‘(c) SUBSEQUENT TRAINING.—Once a trainee has ar-
rived in such trainee’s country of service, the Director of 
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the Peace Corps shall provide such trainee with training 
tailored to such country, including cultural training relat-
ing to gender relations, risk-reduction strategies, a safety 
plan in the event of an assault, treatment available in such 
country (such as forensic rape exams, PEP for HIV expo-
sure, STD screening, and pregnancy testing), MedEvac pro-
cedures, and information regarding the legal process for 
pressing charges against an attacker. 
‘‘(d) HISTORICAL ANALYSIS.—The Director of the 
Peace Corps shall provide each applicant for enrollment 
with a historical analysis of crimes and risks against volun-
teers in the country in which the applicant has been invited 
to serve. 
‘‘(e) CONTACT INFORMATION.—The Director of the 
Peace Corps shall provide each trainee, before each such 
trainee enrolls as a volunteer, with— 
‘‘(1) the contact information of the Inspector 
General of the Peace Corps for purposes of reporting 
violations of the sexual assault protocol under section 
8C or any other criminal or administrative wrong-
doing by volunteers, personnel (including experts and 
consultants), or other individuals (including contrac-
tors) who do business with the Peace Corps; and 
‘‘(2) clear, written guidelines regarding whom to 
contact, including the direct telephone number for a 
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victim advocate and what steps to take in the event 
of a sexual assault. 
‘‘(f) DEFINITIONS.—In this section and sections 8C 
through 8I: 
‘‘(1) ASSAULT.— 
‘‘(A) IN
GENERAL.—The term ‘assault’ 
means an act that— 
‘‘(i) creates an apprehension in an in-
dividual of an imminent, harmful, or offen-
sive contact; or 
‘‘(ii) is a harmful or offensive touch-
ing. 
‘‘(B) INCLUSION.—The term ‘assault’ in-
cludes stalking and sexual assault. 
‘‘(2) SEXUAL
ASSAULT.—The term ‘sexual as-
sault’ means any conduct described in chapter 109A 
of title 18, United States Code, relating to aggravated 
sexual abuse, sexual abuse, and sexual contact, wheth-
er or not the conduct occurs in the special maritime 
and territorial jurisdiction of the United States, and 
includes both assaults committed by offenders who are 
strangers to the victim and assaults committed by of-
fenders who are known or related by blood or mar-
riage to the victim. 
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‘‘(3) STALKING.—The term ‘stalking’ means en-
gaging in a course of conduct directed at a specific 
person that would cause a reasonable person to— 
‘‘(A) fear for his or her safety or the safety 
of others; or 
‘‘(B) suffer substantial emotional distress. 
‘‘SEXUAL ASSAULT PROTOCOL AND GUIDELINES 
‘‘SEC. 8C. (a) IN GENERAL.—The Director of the Peace 
Corps shall develop and implement comprehensive sexual 
assault protocol and guidelines that— 
‘‘(1) conform to best practices in the sexual as-
sault field; and 
‘‘(2) are applicable to all posts at which volun-
teers serve. 
‘‘(b) DEVELOPMENT AND CONSULTATION WITH EX-
PERTS.—In developing the sexual assault policy under sub-
section (a), the Director of the Peace Corps shall consult 
with and incorporate, as appropriate, the recommendations 
and views of experts in the sexual assault field. 
‘‘(c) ELEMENTS.—The sexual assault protocol and 
guidelines developed under subsection (a) shall include, at 
a minimum, the following services with respect to a volun-
teer who has been a victim of sexual assault: 
‘‘(1) Protection of such volunteer’s confiden-
tiality. 
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‘‘(2) Provision of a victim’s advocate to such vol-
unteer. 
‘‘(3) Provision of a sexual assault forensic evi-
dence kit to such volunteer upon request. 
‘‘(4) Provision of emergency health care to such 
volunteer, including, to the greatest extent practicable, 
a choice of medical providers and a mechanism for 
such volunteer to evaluate such provider. 
‘‘(5) Provision of counseling and psychiatric 
medication. 
‘‘(6) Completion of a safety and treatment plan 
with such volunteer. 
‘‘(7) Evacuation of such volunteer, accompanied 
by a Peace Corps staffer at the request of such volun-
teer. 
‘‘(8) An explanation to such volunteer of avail-
able law enforcement, prosecutorial options, and legal 
representation. 
‘‘(d) DISTRIBUTION AND TRAINING.—The Director of 
the Peace Corps shall distribute to and train all in-country 
staff regarding the sexual assault protocol and guidelines 
developed under subsection (a). 
‘‘(e) REMOVAL AND ASSESSMENT AND EVALUATION.— 
‘‘(1) IN GENERAL.—If a volunteer feels at risk of 
imminent bodily harm and requests removal from the 
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site in which such volunteer is serving, the Director 
of the Peace Corps shall, as expeditiously as practical 
after receiving such request, remove such volunteer 
from such site. If the Director of the Peace Corps re-
ceives such a request, the Director of the Peace Corps 
shall assess and evaluate the safety of such site and 
may not assign another volunteer to such site until 
such time as such assessment and evaluation is com-
plete and such site has been determined to be safe. 
‘‘(2) DETERMINATION OF SITE AS UNSAFE.—Vol-
unteers may remain at a site during an assessment 
and evaluation under paragraph (1). If the Director 
the Peace Corps determines that a site is unsafe, the 
Director of the Peace Corps shall, as expeditiously as 
practical, remove all volunteers from such site. 
‘‘(f) SEXUAL ASSAULT RESPONSE TEAMS.—The Direc-
tor of the Peace Corps shall establish sexual assault response 
teams, including Safety and Security Officers, medical 
staff, and a victim advocate, that can respond to reports 
of sexual assault against a volunteer. 
‘‘(g) CASE REVIEW.—The Director of the Peace Corps 
shall conduct case reviews of a statistically significant num-
ber of cases on a quarterly basis to determine if proper pro-
cedures were followed in accordance with the sexual assault 
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protocols and guidelines developed under subsection (a) and 
including the elements specified in subsection (c). 
‘‘(h) TRACKING AND RECORDING.—The Director of the 
Peace Corps shall establish a global tracking and recording 
system to track and record incidents of assault against vol-
unteers. 
‘‘(i) PROHIBITION ON COMBINING INCIDENTS.—The 
Director of the Peace Corps may not combine into one inci-
dent for purposes of tracking and recording under sub-
section (h) reports by different volunteers of assault against 
such volunteers even if such assaults were committed by one 
individual against such volunteers at any one time. 
‘‘(j) ALTERNATIVE SYSTEMS.—The Director of the 
Peace Corps shall establish an alternative reporting system 
and hotline access system through which volunteers who are 
victims of assault can report and receive support on an 
anonymous basis. Such alternative systems shall be pub-
lished in the Volunteer Handbook. 
‘‘VICTIMS ADVOCATES 
‘‘SEC. 8D. (a) VICTIMS ADVOCATES.— 
‘‘(1) IN GENERAL.—The Director of the Peace 
Corps shall assign a certified victims advocate in 
Peace Corps headquarters who shall report directly to 
the Director. The Director of the Peace Corps shall as-
sign such additional certified victims advocates to as-
sist such victims advocate as the Director determines 
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necessary. Such additional victims advocates shall 
have regional expertise and may be posted abroad if 
such victims advocate determines that such is nec-
essary. 
‘‘(2) SENSE OF CONGRESS.—It is the sense of 
Congress that the Director of the Peace Corps should 
assign three additional certified victims advocates to 
assist the certified victims advocate under paragraph 
(1). 
‘‘(3) PROHIBITION.—Peace Corps Medical Offi-
cers, Safety and Security Officers, and program staff 
may not serve as victims advocates. The victims advo-
cate and additional victims advocates may not have 
any other duties in the Peace Corps. 
‘‘(4) EXEMPTION.—The victims advocate and ad-
ditional victims advocates shall be exempt from the 
five year rule on appointments and assignments 
under section 7. 
‘‘(b) RESPONSIBILITIES.—The victims advocate and 
additional victims advocates shall help develop and imple-
ment the sexual assault risk-reduction and response train-
ing described in section 8B and the sexual assault protocol 
and guidelines described in section 8C and ensure such 
training and such protocol and guidelines are being prop-
erly updated and followed. The victims advocate and addi-
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tional victims advocates shall assist volunteers who are vic-
tims of assault by making such victims aware of the services 
specified in section 8C(c) available to them and facilitating 
their access to such services. 
‘‘(c) STATUS UPDATES.—The victims advocate and ad-
ditional victims advocates shall provide to volunteers who 
are victims of assault regular updates on the status of their 
cases if such volunteers have opted to pursue prosecution. 
‘‘(d) TRANSITION.—A victims advocate who is working 
with a volunteer who is a victim of assault and who relo-
cates back to the United States shall assist such volunteer 
to receive the services specified in section 8C(c) required by 
such volunteer, including through the duration of the claim 
with the Department of Labor, even after such volunteer is 
medically separated. 
‘‘ESTABLISHMENT OF SEXUAL ASSAULT ADVISORY COUNCIL 
‘‘SEC. 8E. (a) ESTABLISHMENT.—There is established 
in the Peace Corps a Sexual Assault Advisory Council (in 
this section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.—The Council shall be composed of 
individuals selected by the Director of the Peace Corps who 
are returned volunteers (including volunteers who were vic-
tims of sexual assault and volunteers who were not victims 
of sexual assault) and governmental and nongovernmental 
experts and professionals in the sexual assault field. 
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‘‘(c) FUNCTIONS; MEETINGS.—The Council shall meet 
not less often than annually to review the sexual assault 
risk-reduction and response training developed under sec-
tion 8B, sexual assault policy developed under section 8C, 
and the confidentiality policy developed under section 8G 
to ensure that such training and policies conform to best 
practices in the sexual assault field. 
‘‘(d) REPORTS.—The Council shall annually submit to 
the Director of the Peace Corps and the Committee on For-
eign Affairs and the Committee on Appropriations of the 
House of Representatives and Committee on Foreign Rela-
tions and the Committee on Appropriations of the Senate 
a report on its findings based on the reviews conducted pur-
suant to subsection (c). 
‘‘(e) FEDERAL EMPLOYEES.—Members of the Council 
shall not be considered Federal employees for any purpose 
and shall not receive compensation other than reimburse-
ment of travel expenses and per diem allowance. 
‘‘(f) NONAPPLICABILITY OF FACA.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall not apply to the 
Council. 
‘‘VOLUNTEER FEEDBACK AND PEACE CORPS REVIEW 
‘‘SEC. 8F. (a) MONITORING AND EVALUATION.—Not 
later than one year after the date of the enactment of this 
section, the Director of the Peace Corps shall establish goals, 
metrics, and monitoring and evaluation plans for all Peace 
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Corps programs and Country Directors. Monitoring and 
evaluation plans shall incorporate best practices from mon-
itoring and evaluation studies and analyses. 
‘‘(b) ANNUAL VOLUNTEER SURVEYS.—The Director of 
the Peace Corps shall annually conduct a confidential sur-
vey of volunteers regarding the effectiveness of Peace Corps 
programs and staff and the safety of volunteers. 
‘‘(c) PEACE CORPS INSPECTOR GENERAL.—The In-
spector General of the Peace Corps shall submit to the Com-
mittee on Foreign Affairs and the Committee on Appropria-
tions of the House of Representatives and Committee on 
Foreign Relations and the Committee on Appropriations of 
the Senate the following: 
‘‘(1) A biennial report on reports received from 
volunteers relating to misconduct, mismanagement, or 
policy violations of Peace Corps staff, any breaches of 
the confidentiality of volunteers, and any actions 
taken to assure the safety of volunteers who provide 
such reports. 
‘‘(2) A report, not later than two years after the 
date of the enactment of this section and every five 
years thereafter, evaluating the effectiveness and im-
plementation of the assault risk-reduction and re-
sponse training developed under section 8B and the 
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sexual assault protocol and guidelines developed 
under section 8C. 
‘‘(3) A trend analysis every three years of the 
annual volunteer surveys, including actions taken in 
response to such surveys. 
‘‘(4) A report, not later than two years after the 
date of the enactment of this section, describing how 
Country Directors are hired, how Country Directors 
are terminated, and how Country Directors hire staff. 
‘‘(d) EVALUATION DEFINED.—For purposes of this sec-
tion, the term ‘evaluation’ means the systematic collection 
and analysis of information about the characteristics and 
outcomes of programs and projects as a basis for judgments, 
to improve effectiveness, or inform decisions about current 
and future programming. 
‘‘NONDISCLOSURE OF CONFIDENTIAL OR PRIVATE 
INFORMATION 
‘‘SEC. 8G. (a) IN GENERAL.—The Director of the 
Peace Corps shall establish and maintain a process to allow 
volunteers to report incidents of assault, incidents of mis-
conduct or mismanagement, or violations of any policy of 
the Peace Corps in order to protect the confidentiality as 
described in subsection (c) and safety of such volunteers and 
of the information reported, and to ensure that such infor-
mation is acted on appropriately. The Director of the Peace 
Corps shall train all volunteers and staff about such process. 
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‘‘(b) GUIDANCE.—The Director of the Peace Corps 
shall provide guidance to officers and employees of the Peace 
Corps who have access to the information reported by volun-
teers under subsection (a) in order to protect against the 
inappropriate disclosure of such information and ensure the 
safety of such volunteers. 
‘‘(c) NONDISCLOSURE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (1) and (2), the Director of the Peace Corps 
may not— 
‘‘(A) disclose any personally identifying in-
formation or personal information of a volunteer 
who is a victim of assault collected in connection 
with services requested, utilized, or denied 
through Peace Corps programs; or 
‘‘(B) reveal such information without the 
informed, purpose-limited, and reasonably time- 
limited consent of such volunteer about whom 
such information is sought. 
‘‘(2) RELEASE.—If the release of information de-
scribed in paragraph (1) is authorized by statute or 
compelled by court order, the Director of the Peace 
Corps shall— 
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‘‘(A) make reasonable attempts to provide 
notice to the volunteer with respect to whom such 
information is being released; and 
‘‘(B) take such action as is necessary to pro-
tect the privacy and safety of such volunteer. 
‘‘(3) INFORMATION
SHARING.—The Director of 
the Peace Corps may share— 
‘‘(A) nonpersonally identifying information 
in the aggregate regarding services to volunteers 
and nonpersonally identifying demographic in-
formation in order to comply with reporting, 
evaluation, or data collection requirements; 
‘‘(B) nonpersonally identifying information 
that would protect the safety of volunteers; 
‘‘(C) court-generated information and law- 
enforcement generated information contained in 
secure, governmental registries for protection 
order enforcement purposes; and 
‘‘(D) law enforcement- and prosecution-gen-
erated information necessary for law enforcement 
and prosecution purposes. 
‘‘(d) DEFINITION.—In this section, the terms ‘person-
ally identifying information’ and ‘personal information’ 
mean information for or about a volunteer who is a victim 
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of assault, including information likely to disclose the loca-
tion of such victim, including the following: 
‘‘(1) A first and last name. 
‘‘(2) A home or other physical address. 
‘‘(3) Contact information (including a postal, 
email, or Internet protocol address, or telephone or 
facsimile number). 
‘‘(4) A social security number. 
‘‘(5) Any other information, including date of 
birth, racial or ethnic background, or religious affili-
ation, that, in combination with paragraphs (1) 
through (4), would serve to identify such victim. 
‘‘REPORTING REQUIREMENTS 
‘‘SEC. 8H. (a) ASSAULT AND SEXUAL ASSAULT.—The 
Director of the Peace Corps shall annually submit to the 
Committee on Foreign Affairs and the Committee on Ap-
propriations of the House of Representatives and the Com-
mittee on Foreign Relations and the Committee on Appro-
priations of the Senate a report summarizing information 
on— 
‘‘(1) sexual assault against volunteers; 
‘‘(2) assault against volunteers; and 
‘‘(3) the annual rate of early termination of vol-
unteers, including, to the maximum extent prac-
ticable, demographic data associated with such early 
termination. 
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‘‘(b) GAO.—Not later than one year after the date of 
the enactment of this section, the Comptroller General of 
the United States shall submit to the Committee on Foreign 
Affairs and the Committee on Appropriations of the House 
of Representatives and the Committee on Foreign Relations 
and the Committee on Appropriations of the Senate a re-
port evaluating the quality and accessibility of health care 
provided through the Department of Labor to returned vol-
unteers upon their separation from the Peace Corps. 
‘‘(c) SAFETY AND SECURITY.— 
‘‘(1) IN GENERAL.—The Director of the Peace 
Corps shall annually submit to the Committee on 
Foreign Affairs of the House of Representatives and 
the Committee on Foreign Relations of the Senate a 
report on the safety of Peace Corps volunteers. Each 
such report shall at a minimum include the following 
information: 
‘‘(A) The incidence of crimes, together with 
the number of arrests, prosecutions, and incar-
cerations for every country in which volunteers 
serve for the preceding year. 
‘‘(B) A three year trend analysis of the 
types and frequency of crimes committed against 
volunteers for every country in which the Peace 
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Corps has operated for at least the three pre-
ceding years. 
‘‘(2) INSPECTOR
GENERAL
AUDIT.—Not later 
than two years after the date of the enactment of this 
section and at least once every five years thereafter 
(or more frequently as appropriate), the Inspector 
General of the Peace Corps shall perform an audit of 
Peace Corps implementation of safety and security 
protocols, including the status of any Inspector Gen-
eral findings and recommendations from previous au-
dits that have not been adequately remediated or im-
plemented. 
‘‘(d) ACCESS TO COMMUNICATIONS.— 
‘‘(1) IN GENERAL.—The Director of the Peace 
Corps, in coordination with all Country Directors, 
shall determine the level of access to communication, 
including cellular and Internet access, of each volun-
teer. 
‘‘(2) REPORT.—Not later than six months after 
the date of the enactment of this section, the Director 
of the Peace Corps shall submit to the Committee on 
Foreign Affairs and the Committee on Appropriations 
of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Appropria-
tions of the Senate a report on the costs of providing 
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all volunteers with access to adequate communication, 
including cellular service and Internet access. 
‘‘(e) MONITORING AND EVALUATION.—Not later than 
one year after the date of the enactment of this section and 
annually thereafter, the Director of the Peace Corps shall 
submit to the Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of Representatives 
and the Committee on Foreign Relations and the Committee 
on Appropriations of the Senate a report on the monitoring 
and evaluation of Peace Corps programs and Country Di-
rectors, including information on the following: 
‘‘(1) A description of the monitoring and evalua-
tion activities conducted in the preceding year. 
‘‘(2) A forecast of the monitoring and evaluation 
activities planned for the subsequent year. 
‘‘(3) A description of the ways in which the re-
sults of the monitoring and evaluation activities have 
informed the design and operation of development 
policies and programs during the preceding year. 
‘‘PORTFOLIO REVIEWS 
‘‘SEC. 8I. (a) IN GENERAL.—The Director of the Peace 
Corps shall, at least once every three years (or more fre-
quently as appropriate), perform a review to evaluate the 
allocation and delivery of resources across the countries the 
Peace Corps serves or is considering for service. Such port-
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folio reviews shall at a minimum include the following with 
respect to each such country: 
‘‘(1) An evaluation of the country’s commitment 
to the Peace Corps program. 
‘‘(2) An analysis of the safety and security of 
volunteers. 
‘‘(3) An evaluation of the country’s need for as-
sistance. 
‘‘(4) An analysis of country program costs 
‘‘(5) An evaluation of the effectiveness of man-
agement of each post within the country. 
‘‘(6) An evaluation of the country’s congruence 
with the Peace Corps’ mission and strategic prior-
ities. 
‘‘(b) REPORT.—The Director of the Peace Corps shall 
prepare a report on each portfolio review required under 
subsection (a). Each such report shall discuss performance 
measures and sources of data used (such as project status 
reports, volunteer surveys, impact studies, reports of the In-
spector General of the Peace Corps, and any external 
sources) in making each such review’s findings and conclu-
sions. The Director shall make each such report available 
upon request to the Chairman and Ranking Member of the 
Committee on Foreign Affairs of the House of Representa-
tives and the Committee on Foreign Relations of the Senate 
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in a manner consistent with the protection of classified in-
formation if determined necessary to protect sensitive infor-
mation.’’. 
SEC. 703. CONFORMING AMENDMENTS. 
(a) INCLUSION OF SEXUAL ASSAULT RISK-REDUCTION 
AND RESPONSE TRAINING.—The Peace Corps Act is amend-
ed— 
(1) in section 5(a) (22 U.S.C. 2504(a)), in the 
second sentence, by inserting ‘‘(including training 
under section 8B)’’ after ‘‘training’’; and 
(2) in section 8(a) (22 U.S.C. 2507(a)), in the 
first sentence, by inserting ‘‘, including training 
under section 8B,’’ after ‘‘training’’. 
(b) CERTAIN SERVICES.—Section 5(e) of the Peace 
Corps Act (22 U.S.C. 2504(e)) is amended, in the first sen-
tence— 
(1) by inserting ‘‘(including, if necessary, for 
such volunteers and for trainees, services under sec-
tion 8C(c))’’ after ‘‘health care’’; and 
(2) by inserting ‘‘including services provided in 
accordance with section 8C(c) (except that the six- 
month limitation shall not apply in the case of such 
services)’’ before ‘‘as the President’’. 
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SEC. 704. INDEPENDENCE OF THE INSPECTOR GENERAL OF 
THE PEACE CORPS. 
Section 7(a) of the Peace Corps Act (22 U.S.C. 
2506(a)) is amended by adding at the end the following 
new paragraph: 
‘‘(7) The limitations specified in subparagraph (A) of 
paragraph (2) on the length of appointment or assignment 
under such paragraph, subparagraph (B) of paragraph (2) 
on reappointment or reassignment of an individual whose 
appointment or assignment under such paragraph has been 
terminated, and paragraph (5) on the circumstances under 
which an appointment or assignment under paragraph (2) 
may exceed five years shall not apply to— 
‘‘(A) the Inspector General of the Peace Corps; 
and 
‘‘(B) officers and employees of the Office of the 
Inspector General of the Peace Corps.’’. 
SEC. 705. AUTHORIZATION OF APPROPRIATIONS. 
Of the amounts authorized to be appropriated under 
section 911(a), there is authorized to be appropriated for 
the Peace Corps $375,000,000 for fiscal year 2012, of which 
not less than $4,637,000 is authorized to be appropriated 
for the Office of the Inspector General of the Peace Corps. 
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TITLE VIII—NUCLEAR 
NONPROLIFERATION 
SEC. 801. WITHDRAWAL FROM THE TREATY ON THE NON- 
PROLIFERATION OF NUCLEAR WEAPONS. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to oppose the withdrawal from the Treaty 
on the Non-Proliferation of Nuclear Weapons (in this sec-
tion referred to as the ‘‘Treaty’’) of any country that is a 
party to the Treaty and to use all political, economic, and 
diplomatic means at its disposal to deter, prevent, or reverse 
any such withdrawal from the Treaty. 
(b) PROHIBITION ON CERTAIN ASSISTANCE.—Notwith-
standing any other provision of law, no assistance (other 
than humanitarian assistance) under any provision of law 
may be provided to a country that has withdrawn from the 
Treaty on or after the date of the enactment of this Act. 
(c) RETURN OF ALL UNITED STATES-ORIGIN MATE-
RIALS AND EQUIPMENT.—The United States shall seek the 
return of any material, equipment, or components trans-
ferred under an agreement for civil nuclear cooperation that 
is in force pursuant to section 123 of the Atomic Energy 
Act of 1954 (42 U.S.C. 2153) on or after the date of the 
enactment of this Act, and any special fissionable material 
produced through the use of such material, equipment, or 
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components previously provided to a country that with-
draws from the Treaty. 
SEC. 802. PROHIBITION ON ASSISTANCE TO STATE SPON-
SORS OF PROLIFERATION OF WEAPONS OF 
MASS DESTRUCTION. 
(a) PROHIBITION ON ASSISTANCE.—The United States 
shall not provide any assistance under Public Law 87–195, 
Public Law 90–629, the Food for Peace Act, the Peace Corps 
Act, or the Export-Import Bank Act of 1945 to any country 
if the Secretary of State determines that the government of 
such country has repeatedly provided support for acts of 
proliferation of equipment, technology, or materials to sup-
port the design, acquisition, manufacture, or use of weapons 
of mass destruction or the acquisition or development of bal-
listic missiles to carry such weapons. 
(b) PUBLICATION OF DETERMINATIONS.—Each deter-
mination of the Secretary of State under subsection (a) 
shall be published in the Federal Register. 
(c) RESCISSION.—A determination of the Secretary of 
State under subsection (a) may not be rescinded unless the 
Secretary submits to the appropriate congressional commit-
tees— 
(1) before the proposed rescission would take ef-
fect, a report certifying that— 
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(A) there has been a fundamental change in 
the leadership and policies of the government of 
the country concerned; 
(B) the government is not supporting acts 
of proliferation of equipment, technology, or ma-
terials to support the design, acquisition, manu-
facture, or use of weapons of mass destruction; 
and 
(C) the government has provided assurances 
that it will not support such acts in the future; 
or 
(2) at least 45 days before the proposed rescission 
would take effect, a report justifying the rescission 
and certifying that— 
(A) the government of the country concerned 
has not provided any support for acts of pro-
liferation of equipment, technology, or materials 
to support the design, acquisition, manufacture, 
or use of weapons of mass destruction during the 
preceding 24-month period; and 
(B) the government has provided assurances 
that it will not support such acts of proliferation 
in the future. 
(d) WAIVER.—The President may waive the require-
ments of subsection (a) on a case-by-case basis if— 
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(1) the President determines that national secu-
rity interests or humanitarian reasons justify a waiv-
er of such requirements, except that humanitarian 
reasons may not be used to justify the waiver of such 
requirements to provide security assistance under 
Public Law 87–195, Public Law 90–629, or the Ex-
port-Import Bank Act of 1945; and 
(2) at least 15 days before the waiver takes effect, 
the President consults with the appropriate congres-
sional committees regarding the proposed waiver and 
submits to such committees a report containing— 
(A) the name of the recipient country; 
(B) a description of the national security 
interests or humanitarian reasons that require 
the waiver; 
(C) the type and amount of and the jus-
tification for the assistance to be provided pursu-
ant to the waiver; and 
(D) the period of time during which such 
waiver will be effective. 
SEC. 803. ADDITIONAL PROTOCOL AS A CRITERION FOR 
UNITED STATES ASSISTANCE. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States to ensure that each country that is a party 
to the Treaty on the Non-Proliferation of Nuclear Weapons 
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should bring into force an Additional Protocol to its safe-
guards agreement with the IAEA. 
(b) CRITERION FOR ASSISTANCE.—The United States 
shall, when considering the provision of assistance under 
Public Law 87–195 or Public Law 90–629 to a country 
that is a party to the Treaty on the Nonproliferation of 
Nuclear Weapons, take into consideration whether the pro-
posed recipient has in force an Additional Protocol to its 
safeguards agreement with the IAEA. 
TITLE IX—FOREIGN ASSISTANCE 
Subtitle A—General Provisions 
SEC. 901. GOALS OF UNITED STATES ASSISTANCE. 
(a) GOALS OF ASSISTANCE.—United States foreign as-
sistance should be designed to further the national interests 
of the United States by achieving the following interrelated 
and mutually-reinforcing goals: 
(1) Reduce global poverty and alleviate human 
suffering. 
(2) Advance peace and mitigate crises. 
(3) Support human rights and democracy. 
(4) Build and reinforce strategic partnerships. 
(5) Combat transnational threats. 
(6) Sustain the global environment. 
(7) Expand prosperity through trade and invest-
ment. 
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(b) FINDINGS.—Congress makes the following findings: 
(1) In December 2007, the United States Govern-
ment’s Commission on Helping to Enhance the Lives 
of Poor People Around the Globe, also known as the 
‘‘HELP Commission,’’ reported that sustained eco-
nomic growth is vital and necessary for a country to 
feed, educate, house and provide for the health of its 
citizens over the long term and that ‘‘foreign assist-
ance alone is not sufficient to help developing coun-
tries achieve long-term, sustainable economic growth’’. 
(2) Private sector-led trade and investment are 
fundamental components of economic development 
and growth. 
(3) The United States Agency for International 
Development’s Global Development Alliance program 
characterizes the rising importance of private re-
sources and private actors as development tools in an 
expanding and more integrated globalized economy, 
aligning public resources with private capital through 
the establishment of public-private partnerships for 
the economic advancement of impoverished countries. 
(4) In an increasingly interdependent world, the 
health, prosperity, freedom, and security of the people 
of the United States are strengthened when the people 
of all countries can enjoy these same advantages. 
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(5) United States foreign assistance should be de-
signed to help build the capacity of other countries to 
meet the needs of their people and to conduct them-
selves responsibly in the international system. 
(6) Foreign assistance is not only a reflection of 
the values, generosity, and goodwill of the people of 
the United States, but also an essential means for 
achieving United States foreign policy, economic, and 
national security objectives. 
(c) STATEMENT OF POLICY.—It shall be the policy of 
the United States to— 
(1) help build and sustain an international com-
munity composed of states that meet basic human 
needs, resolve conflicts peacefully, respect fundamental 
human rights, cooperate to address issues that tran-
scend national boundaries, use wisely the world’s lim-
ited resources in a sustainable manner, and work to-
ward the achievement of economic well-being for all 
people; 
(2) emphasize the development of innovative 
partnerships between governments and organizations 
in the private sector (including corporations, founda-
tions, universities, faith-based organizations, and 
other nongovernmental organizations) in the ap-
proach to and distribution of foreign assistance; and 
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(3) focus United States assistance programs on 
achieving sustainable economic growth and grad-
uating United States aid recipients into a trade-based 
relationship with the United States. 
SEC. 902. GUIDELINES FOR UNITED STATES FOREIGN AS-
SISTANCE PROGRAMS. 
(a) PURPOSE.—The purpose of this section is to evalu-
ate the performance of United States foreign assistance pro-
grams and their contribution to policy, strategies, projects, 
program goals, and priorities undertaken by the Federal 
Government, to foster and promote innovative programs to 
improve the effectiveness of such programs, and to coordi-
nate the monitoring and evaluation processes of Federal de-
partments and agencies that administer such programs. 
(b) ESTABLISHMENT OF GUIDELINES.—The President, 
in consultation with the Secretary of State, the Adminis-
trator of the United States Agency for International Devel-
opment, the head of the Millennium Challenge Corporation, 
and the Secretary of Defense, shall establish guidelines re-
garding the establishment of measurable goals, performance 
metrics, and monitoring and evaluation plans that can be 
applied on a uniform basis to United States foreign assist-
ance programs, country assistance plans, and international 
and multilateral assistance programs receiving financial 
assistance from the United States. Such guidelines shall be 
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established according to best practices of monitoring and 
evaluation studies and analyses. 
(c) OBJECTIVES OF GUIDELINES.— 
(1) IN GENERAL.—Such guidelines shall provide 
direction to Federal departments and agencies that 
administer United States foreign assistance programs 
on how to develop the complete range of activities re-
lating to the monitoring of resources, the evaluation 
of projects, the evaluation of program impacts, and 
analysis that is necessary for the identification of 
findings, generalizations that can be derived from 
those findings, and their applicability to proposed 
project and program design. 
(2) OBJECTIVES.—Specifically, the guidelines 
shall provide direction on how to achieve the following 
objectives for monitoring and evaluation programs: 
(A) Building measurable goals, performance 
metrics and monitoring and evaluation into pro-
gram design at the outset, including the provi-
sion of sufficient program resources to conduct 
monitoring and evaluation. 
(B) Disseminating guidelines for the devel-
opment and implementation of monitoring and 
evaluation programs to all personnel, especially 
in the field, who are responsible for the design, 
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implementation and management of foreign as-
sistance programs. 
(C) Developing a clearinghouse capacity for 
the dissemination of knowledge and lessons 
learned to United States development profes-
sionals, 
implementing 
partners, 
the 
inter-
national aid community, and aid recipient gov-
ernments, and as a repository of knowledge on 
lessons learned. 
(D) Distributing monitoring and evaluation 
reports internally and making this material 
available online to the public. Furthermore, pro-
viding a summary including a description of 
methods, key findings and recommendations to 
the public on-line in a fully searchable form 
within 90 days after the completion of the eval-
uation. Principled exceptions will be made in 
cases of classified or proprietary material. 
(E) Establishing annual monitoring and 
evaluation agendas and objectives that are re-
sponsive to policy and programmatic priorities. 
(F) Applying rigorous monitoring and eval-
uation methodologies, choosing from among a 
wide variety of qualitative and quantitative 
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methods common in the field of social scientific 
inquiry. 
(G) Partnering with the academic commu-
nity, implementing partners, and national and 
international institutions that have expertise in 
monitoring and evaluation and analysis when 
such partnerships will provide needed expertise 
or will significantly improve the evaluation and 
analysis. 
(H) Developing and implementing a train-
ing plan for aid personnel on the proper conduct 
of monitoring and evaluation programs. 
(d) ROLE OF OTHER FEDERAL DEPARTMENTS AND 
AGENCIES.—The head of each Federal department and 
agency that administers United States foreign assistance 
programs shall implement such guidelines. 
(e) EVALUATION DEFINED.—In this section, the term 
‘‘evaluation’’ means, with respect to a United States foreign 
assistance program, the systematic collection and analysis 
of information about the characteristics and outcomes of the 
program and projects under the program as a basis for 
judgments, to improve effectiveness, and to inform decisions 
about current and future programming. 
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SEC. 903. REPORT. 
Not later than one year after the date of the enactment 
of this Act, the Administrator shall submit to the appro-
priate congressional committees a report that contains a de-
tailed description of the guidelines that have been developed 
on measurable goals, performance metrics, and monitoring 
and evaluation plans established under section 902 for 
United States foreign assistance programs. 
Subtitle B—Authorizations of 
Appropriations 
SEC. 911. BILATERAL ECONOMIC ASSISTANCE. 
(a) IN GENERAL.—Not more than $21,207,400,000 is 
authorized to be appropriated to the President for ‘‘Bilat-
eral Economic Assistance’’ for fiscal year 2012. 
(b) DEVELOPMENT CREDIT AUTHORITY.— 
(1) SENSE
OF
CONGRESS.—It is the sense of 
Congress that— 
(A) access to financial services for under-
served populations and sectors in developing 
countries is essential to expanding economic op-
portunities for poor households and small busi-
nesses to build assets and invest in enterprise de-
velopment and growth; and 
(B) the Development Credit Authority, 
through the issuance of partial loan guarantees, 
has proven to be a vital and effective tool in bol-
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stering microenterprise development in impover-
ished countries by reducing the risk of private 
investors and financial institutions that invest 
in underserved sectors or creditworthy borrowers 
that otherwise would not qualify for such loans. 
(2) LIMITATION ON AUTHORIZATION OF APPRO-
PRIATIONS.—Of the amounts authorized to be appro-
priated under 
subsection 
(a), 
not 
more 
than 
$8,300,000 is authorized to be appropriated to the 
President for administrative expenses to carry out 
credit programs administered by the United States 
Agency for International Development for fiscal year 
2012. 
(c) MILLENNIUM CHALLENGE CORPORATION.— 
(1) LIMITATION ON AUTHORIZATION OF APPRO-
PRIATIONS.—Of the amounts authorized to be appro-
priated under 
subsection 
(a), 
not 
more 
than 
$900,000,000 is authorized to be appropriated to the 
President for necessary expenses to carry out the pro-
visions of the Millennium Challenge Act of 2003 for 
fiscal year 2012. 
(2) MAINTAINING CANDIDATE STATUS FOR PUR-
POSES
OF
INCOME
CATEGORY.—Section 606 of the 
Millennium Challenge Act of 2003 (22 U.S.C. 7705) 
is amended— 
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(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) MAINTAINING CANDIDATE STATUS.—Any can-
didate country whose per capita income changes in a given 
fiscal year such that the country’s income-classification as 
‘low income’ or ‘lower middle income’ changes, should re-
tain its candidacy at the former income category only for 
the year of such transition.’’. 
(d) DEMOCRACY FUND.—Of the amounts authorized to 
be appropriated under subsection (a), not more than 
$115,000,000 is authorized to be appropriated to the Presi-
dent for necessary expenses to carry out the provisions of 
the Foreign Assistance Act of 1961 for the promotion of de-
mocracy globally for fiscal year 2012. 
SEC. 912. UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT. 
Not more than $1,521,900,000 is authorized to be ap-
propriated to the President for ‘‘Operating Expenses’’, 
‘‘Capital Investment Fund’’, and ‘‘Office of Inspector Gen-
eral’’ of the United States Agency for International Devel-
opment for fiscal year 2012. 
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SEC. 
913. 
NONPROLIFERATION, 
ANTITERRORISM, 
AND 
DEMINING. 
Not more than $708,540,000 is authorized to be appro-
priated to the President for nonproliferation, antiterrorism, 
and demining programs for fiscal year 2012. 
SEC. 914. INTERNATIONAL NARCOTICS CONTROL AND LAW 
ENFORCEMENT. 
Not more than $1,597,000,000 is authorized to be ap-
propriated to the President for international narcotics con-
trol and law enforcement programs for fiscal year 2012. 
SEC. 915. PARTNERSHIPS BETWEEN BUSINESSES AND 
POSTSECONDARY 
EDUCATIONAL 
INSTITU-
TIONS IN AFRICA. 
(a) FINDINGS.—Congress finds the following: 
(1) There is a growing need in developing coun-
tries in Africa to educate and properly train future 
business leaders in such a way to help them adapt to 
the demanding complexities of leadership. 
(2) This growing need has led to the call for Af-
rica to develop and train the next generation of lead-
ers that will bring Africa forward into a peaceful and 
prosperous new century and ensure that democracy 
lasts across the continent. 
(3) One of the ways to help train the next gen-
eration of leaders is through entrepreneurial edu-
cation, entrepreneurship may be one of the most im-
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portant channels through which education raises eco-
nomic productivity. 
(4) All youth should be provided with the access 
to any and all opportunities to develop skills, atti-
tudes, and abilities that are needed in later life that 
can lead to entrepreneurship and leadership. 
(5) One of the goals of educators should be to 
train students to become self-employed after gradua-
tion and produce the goods and services that are need-
ed locally, thereby initiating significant internal eco-
nomic activity. 
(6) It is important that the youth be assisted to 
achieve higher levels of access and entry into the econ-
omy as potentially self-employed people since there 
are simply not enough employment opportunities 
within the private and public sectors for them all. 
(7) Business and management education is espe-
cially critical in Africa where, in the face of huge 
shortages in both the private and public sectors, only 
50 business schools exist to serve nearly 800 million 
people, compared with 1,000 business schools in India 
and 1,200 in the United States. 
(8) While many institutions in Africa do offer a 
business certificate/degree, the training can lack cer-
tain practical elements, which makes it difficult for 
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graduates to readily apply their skills in the real- 
world. 
(9) Educational institutions are not rapidly re-
sponding to this urgent challenge. 
(b) PARTNERSHIPS BETWEEN BUSINESSES AND POST-
SECONDARY EDUCATIONAL INSTITUTIONS
IN AFRICA.— 
Chapter 1 of part I of the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.) is amended by inserting after sec-
tion 105 the following new section: 
‘‘SEC. 105A. ASSISTANCE TO ESTABLISH PARTNERSHIPS BE-
TWEEN BUSINESSES AND POSTSECONDARY 
EDUCATIONAL 
INSTITUTIONS 
IN 
DEVEL-
OPING COUNTRIES IN AFRICA. 
‘‘(a) ASSISTANCE AUTHORIZED.—The President, act-
ing through the Administrator of the United States Agency 
for International Development, is authorized to provide as-
sistance, on such terms and conditions as the President may 
determine, to establish partnerships between businesses and 
postsecondary educational institutions in developing coun-
tries in Africa to further the education and entrepreneur-
ship skills of students at such institutions in order to in-
crease economic freedom and competitiveness, promote civil 
society, and improve the quality of life in such countries. 
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‘‘(b) ACTIVITIES SUPPORTED.—Assistance provided 
under subsection (a) shall, to the maximum extent prac-
ticable, be used to— 
‘‘(1) enable students at postsecondary edu-
cational institutions in developing countries in Africa 
to practice in the field what they are learning in the 
classroom and thereby acquire relevant business and 
management experience; 
‘‘(2) provide opportunities for individuals in de-
veloping countries in Africa who are unable to receive 
a formal education to benefit from the transfer of 
knowledge and skills by students described in para-
graph (1); and 
‘‘(3) carry out other appropriate activities, in-
cluding— 
‘‘(A) training students described in para-
graph (1) and faculty to build sustainable pro-
grams; 
‘‘(B) institutionalizing and promoting sus-
tainability of program leadership; 
‘‘(C) supporting the launch and develop-
ment of new in-country operations; 
‘‘(D) investing in other United States as-
sistance programs for long-term sustainability 
and support of African programs; and 
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‘‘(E) demonstrating results and sharing best 
practices. 
‘‘(c) REPORT.—The President shall transmit to Con-
gress a report on the implementation of this section for each 
of the fiscal years 2012 through 2016. The report shall in-
clude an assessment of the impact of the assistance provided 
under subsection (a) and an analysis of the extent to which 
such assistance could be provided in other regions of the 
world.’’. 
Subtitle C—Prohibitions on 
Assistance 
PART I—GENERAL PROVISIONS 
SEC. 921. COUNTRIES THAT FAIL TO MEET MCC’S CORRUP-
TION PERFORMANCE INDICATOR. 
(a) RESTRICTION.—Except as provided in subsection 
(b), no United States economic or development assistance 
authorized to be appropriated by this Act or any amend-
ment made by this Act may be provided to the government 
of a country that does not meet the corruption performance 
indicator of the Millennium Challenge Corporation used for 
purposes of determining eligibility for assistance under the 
Millennium Challenge Act of 2003. 
(b) WAIVER.—The President may waive the restriction 
on assistance under subsection (a) on a case-by-case basis 
for a period of not more than 6 months if— 
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(1) the President determines that such a waiver 
is important to the national security interests of 
United States; and 
(2) the President provides to the appropriate 
congressional committees at least 15 days prior to ex-
ercising the waiver a report on concrete steps that the 
recipient country has undertaken to meet the corrup-
tion benchmarks and on United States implementa-
tion and enforcement of end-use monitoring mecha-
nisms in the country to ensure United States assist-
ance provided is being used as intended. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs and the 
Committee on Appropriations of the House of Rep-
resentatives; and 
(2) the Committee on Foreign Relations and the 
Committee on Appropriations of the Senate. 
SEC. 922. FOREIGN ORGANIZATIONS THAT PROMOTE OR 
PERFORM ABORTION. 
None of the funds authorized to be appropriated by this 
Act or any amendment made by this Act may be made 
available to any foreign nongovernmental organization that 
promotes or performs abortion, except in cases of rape or 
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incest or when the life of the mother would be endangered 
if the fetus were carried to term. 
SEC. 923. DEVELOPMENT INNOVATION VENTURES PRO-
GRAM. 
(a) PROHIBITION.—No funds available to the United 
States Agency for International Development (USAID) 
may be used to carry out the Development Innovation Ven-
tures (DIV) program or any successor program. 
(b) EFFECTIVE DATE.—This section shall take effect 
on the date of the enactment of this Act and shall apply 
with respect to funds available to USAID for the DIV pro-
gram or any successor program that are made available on 
or after such date of enactment. 
SEC. 924. COUNTRIES THAT OPPOSE THE POSITION OF THE 
UNITED STATES IN THE UNITED NATIONS. 
(a) PROHIBITION.—None of the funds authorized to be 
appropriated by this Act or any amendment made by this 
Act may be provided as bilateral economic assistance to a 
foreign government that opposed the position of the United 
States in the United Nations. 
(b) DEFINITIONS.—In this section— 
(1) the term ‘‘opposed the position of the United 
States’’ means, in the case of a country, that the 
country’s recorded votes in the United Nations Gen-
eral Assembly during the most recent session of the 
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General Assembly and, in the case of a country which 
is a member of the United Nations Security Council, 
the country’s recorded votes both in the Security 
Council and the General Assembly during the most 
recent session of the General Assembly, were the same 
as the position of the United States less than 50 per-
cent of the time, using for this purpose a comparison 
of the recorded vote cast by each member country with 
the recorded vote cast by the United States, as de-
scribed in the annual report submitted to Congress 
pursuant to section 406 of the Foreign Relations Au-
thorization Act, Fiscal Years 1990 and 1991; and 
(2) the term ‘‘most recent session of the General 
Assembly’’ means the most recently completed plenary 
session of the General Assembly for which a compari-
son of the vote cast by each member country with the 
vote cast by the United States is described in the most 
recent report submitted to Congress pursuant to sec-
tion 406 of the Foreign Relations Authorization Act, 
Fiscal Years 1990 and 1991. 
(c) WAIVER.—The President may waive the require-
ments in subsection (a) on a case-by-case basis if the Presi-
dent determines and certifies to the appropriate congres-
sional committees not less than 15 days prior to the exercise 
of waiver authority that the exercise of such waiver author-
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ity is important to the national interests of the United 
States. 
SEC. 925. SUPPORT FOR ACTIVITIES OF THE GLOBAL CLI-
MATE CHANGE INITIATIVE. 
None of the funds authorized to be appropriated by this 
Act or any amendment made by this Act may be made 
available to support activities of the Global Climate Change 
Initiative. 
SEC. 926. TRILATERAL ASSISTANCE PROGRAM. 
(a) FINDINGS.—Congress finds the following: 
(1) During fiscal years 2009 and 2010, the 
United States Agency for International Development 
provided the Government of South Africa with 
$2,500,000 to support the Trilateral Assistance Pro-
gram, a program through which the Government of 
South Africa provides technical assistance to third 
countries in Africa. 
(2) $1,500,000 was requested for fiscal year 2011 
and $1,530,000 has been requested for fiscal year 
2012. 
(3) South Africa has been recognized, along with 
Brazil, Russia, India, and China, as having one of 
the world’s largest, rapidly growing economies and 
has become a donor nation. 
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(4) Further, while South Africa still faces enor-
mous development challenges, including one of the 
highest HIV/AIDS infections rates in the world, this 
funding is not used to support development programs 
within South Africa. 
(5) Using the Government of South Africa as a 
pass-through for foreign assistance made available 
through the generosity of the American taxpayer di-
minishes the public diplomacy value of this assistance 
for the United States, while enhancing South Africa’s 
own standing in the region. 
(6) In a time of domestic financial crisis, contin-
ued support for the Trilateral Assistance Program 
cannot continue. 
(b) PROHIBITION.—None of the funds authorized to be 
appropriated under section 911(a) may be used to support 
the Trilateral Assistance Program in South Africa. 
PART II—COUNTRY AND ORGANIZATION- 
SPECIFIC PROVISIONS 
SEC. 931. LIMITATION ON ASSISTANCE TO ARGENTINA, VEN-
EZUELA, NICARAGUA, ECUADOR, AND BO-
LIVIA. 
None of the funds authorized to be appropriated under 
this Act may be made available for assistance to the govern-
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ments of Argentina, Venezuela, Nicaragua, Ecuador, or Bo-
livia. 
SEC. 932. MUSLIM BROTHERHOOD. 
The Secretary of State may not use any funds made 
available under this Act for direct or indirect assistance to 
the Muslim Brotherhood. 
SEC. 933. PALESTINIAN AUTHORITY. 
Chapter 1 of part III of the Foreign Assistance Act 
of 1961 is amended— 
(1) by redesignating the second section 620J (as 
added by section 651 of Public Law 110–161) as sec-
tion 620M; and 
(2) by adding at the end the following: 
‘‘SEC. 620N. LIMITATION ON ASSISTANCE TO THE PALES-
TINIAN AUTHORITY. 
‘‘(a) LIMITATION.—Funds may not be provided under 
this Act to the Palestinian Authority except during a period 
for which a certification described in subsection (b) is in 
effect. 
‘‘(b) CERTIFICATION.—Not later than 60 days after the 
date of the enactment of this Act, and every 180 days there-
after— 
‘‘(1) the President shall certify in writing, to the 
Speaker of the House of Representatives, the President 
pro tempore of the Senate, and the Committees on 
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Foreign Affairs of the House of Representatives and 
Foreign Relations of the Senate that leaders of the 
Palestinian Authority or any caretaker or follow-on 
government have not unilaterally declared independ-
ence in 2011 or thereafter, are engaged in peace nego-
tiations with the State of Israel, and are not pur-
suing recognition of Palestinian statehood at the 
United Nations; or 
‘‘(2) if the President is unable to make such a 
certification, the President shall transmit to the indi-
viduals and committees described in paragraph (1) a 
report that contains the reasons therefor. 
‘‘(c) WAIVER.—The President may waive subsection 
(a) if— 
‘‘(1) the President determines that it is vital to 
the national security interest of the United States to 
do so; and 
‘‘(2) the President transmits to the individuals 
and committees described in subsection (b)(1) a report 
detailing— 
‘‘(A) the justification for the waiver, the 
purposes for which the funds for the Palestinian 
Authority will be spent, and the reasons the 
President is unable to make the certification con-
tained in subsection; and 
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‘‘(B) the steps the Palestinian Authority has 
taken to arrest terrorists, confiscate weapons, 
dismantle terrorist infrastructure, halt incite-
ment, and to promote peace with the Jewish 
state of Israel.’’. 
SEC. 934. SRI LANKA. 
(a) LIMITATION.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), none of the funds made available to carry 
out this Act may be used to provide assistance to Sri 
Lanka unless a certification described in subsection 
(b) is in effect. 
(2) EXCEPTION.—The limitation on funds under 
paragraph (1) shall not apply with respect to democ-
racy and governance assistance, humanitarian assist-
ance, and assistance for demining activities. 
(b) CERTIFICATION.—A certification described in this 
subsection is a certification submitted by the Secretary of 
State to the appropriate congressional committees that con-
tains a determination of the Secretary of State that the 
Government of Sri Lanka is making demonstrable progress 
in the following areas: 
(1) Accountability for those involved in viola-
tions of human rights and war crimes at the end of 
Sri Lanka’s civil war in May 2009, including by any 
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remaining members of the Liberation Tigers of Tamil 
Eelam (LTTE). 
(2) Reconciliation, including — 
(A) the establishment of a mechanism to ac-
count for events that occurred at the end of the 
civil war; 
(B) information from the government on 
what happened to those missing at the end of the 
civil war; and 
(C) expeditious release of those remaining 
in detention. 
(3) Withdrawal of emergency regulations. 
(4) An improved climate for freedom of the press 
throughout the country. 
(c) WAIVER.—The Secretary of State may waive the 
limitation on funds under subsection (a) on a case-by-case 
basis if the Secretary determines that it is in the national 
interests of the United States to do so. 
SEC. 935. FORMER YUGOSLAV REPUBLIC OF MACEDONIA. 
(a) FINDINGS.—Congress finds the following: 
(1) Greece has demonstrated an enormous good 
will gesture in agreeing that ‘‘Macedonia’’ may be in-
cluded in the future name of the Former Yugoslav Re-
public of Macedonia (FYROM) as long as that term 
is combined with a geographic qualifier that makes it 
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clear that there are no territorial ambitions on the 
part of the FYROM with regard to the historical 
boundaries of the Greek province of Macedonia. 
(2) The FYROM continues to utilize materials 
that violate provisions of the United Nations-brokered 
Interim Agreement between the FYROM and Greece 
regarding incendiary rallies, rhetoric, or propaganda, 
and United Nations-led negotiations between the 
FYROM and Greece have so far failed to achieve the 
longstanding goals of the United States and the 
United Nations to find a mutually acceptable, new of-
ficial name for the FYROM. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that all United States assistance to the FYROM should be 
conditioned on the FYROM’s willingness to engage in 
meaningful discussions with Greece in accordance with 
United Nations Security Council Resolution 817. 
(c) LIMITATION.—The Secretary of State may not use 
funds authorized to be appropriated under this Act for pro-
grams and activities that directly or indirectly promote in-
cendiary rallies, rhetoric, or propaganda by state-controlled 
agencies of the FYROM or encourage acts by private entities 
likely to incite violence, hatred, or hostility, including sup-
port for printing and publishing of textbooks, maps, and 
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teaching aids that may include inaccurate information on 
the histories and geographies of Greece and FYROM. 
Subtitle D—Administrative 
Provisions 
SEC. 941. TRANSFER OF LIQUIDATED ASSETS OF CERTAIN 
ENTERPRISE FUNDS TO THE UNITED STATES 
TREASURY. 
(a) TRANSFER OF LIQUIDATED ASSETS.—The Presi-
dent, acting through the Administrator of the United States 
Agency for International Development, should transfer to 
the Treasury of the United States for purposes of payment 
on the public debt not less than 50 percent of all assets from 
the liquidation, dissolution, or winding up of each Enter-
prise Fund described in subsection (b). 
(b) ENTERPRISE FUNDS DESCRIBED.—The Enterprise 
Funds described in this subsection are the following: 
(1) The U.S.-Russia Investment Fund and the 
Western Newly Independent States Enterprise Fund 
established pursuant to section 498b(c) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2295b(c)). 
(2) The Baltic-American Enterprise Fund estab-
lished pursuant to section 201 of the Support for East 
European Democracy (SEED) Act of 1989 (22 U.S.C. 
5421). 
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(3) The South African Enterprise Development 
Fund established pursuant to sections 496 and 635(b) 
of the Foreign Assistance Act of 1961. 
SEC. 942. LIMITATION ON FUNDS FOR USAID’S OFFICE OF 
BUDGET AND RESOURCE MANAGEMENT. 
(a) STATEMENT OF POLICY.—In order to better align 
budget resources with United States foreign assistance stra-
tegic priorities and objectives, to establish clearer lines of 
authority and enhance accountability between agencies, to 
reduce replication of foreign assistance programs, and to 
ensure better efficiency and effectiveness of United States 
foreign assistance programs, it shall be the policy of the 
United States to vest budget authorities and policy plan-
ning for all United States foreign assistance within one of-
fice at the Department of State that shall complete the Fed-
eral budgets for both the Department of State and the 
United States Agency for International Development. 
(b) OFFICE OF BUDGET AND RESOURCE MANAGE-
MENT.—None of the funds authorized to be appropriated by 
this Act or any amendment made by this Act may be used 
to support the costs of maintaining the Office of Budget 
and Resource Management of the United States Agency for 
International Development. 
(c) REPORT.— 
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(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the President 
shall submit to Congress a report that contains a fea-
sibility study and strategy— 
(A) to eliminate duplicative bureaus, offices, 
and positions, including an assessment and rec-
ommendations for the elimination of special en-
voys and special representatives; and 
(B) to consolidate such bureaus, offices, and 
positions, as necessary and appropriate, in a 
manner which maximizes efficiency and effec-
tiveness of United States foreign policy and as-
sistance. 
(2) MATTERS
TO
BE
INCLUDED.—The report 
shall include a cost estimate for the establishment of 
additional bureaus and offices of the Department of 
State and the United States Agency for International 
Development, as requested by the Secretary of State 
in the most recent Quadrennial Diplomacy and De-
velopment Review, with any cost offsets created by the 
elimination of existing bureaus, offices, and positions. 
SEC. 943. LIMITATION ON USAID TRAINING CONTRACTS 
UNDER THE MERIDA INITIATIVE. 
(a) FINDINGS.—Congress finds the following: 
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(1) In 2007, the United States and Mexico an-
nounced the Merida Initiative, a multi-year partner-
ship to fight organized crime and associated violence 
while furthering respect for human rights and the rule 
of law in the region. 
(2) One of the Merida Initiative’s four primary 
goals is to improve the capacity of justice systems in 
the region. 
(3) In April 2009, USAID/Mexico awarded a 3- 
year, $44.1 million cost-type contract to Management 
Systems International (MSI) to work with Mexican 
state and federal justice institutions to strengthen 
their capacity to improve transparency, public over-
sight, and public accountability, and better serve 
Mexican citizens under the new constitutional reforms 
that shape the police and criminal procedure codes. 
(4) A January 2011 USAID Office of the Inspec-
tor General audit determined that the contract mecha-
nism that USAID/Mexico used to award the task 
order to MSI was not in accordance with procure-
ment regulations, USAID/Mexico’s technical officers 
responsible for the rule of law projects have not effec-
tively carried out all their responsibilities in accord-
ance with USAID policy and internal mission orders, 
USAID/Mexico’s contractor has not developed systems 
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for evaluating the effectiveness of the training it deliv-
ers, and USAID/Mexico’s reported numbers of bene-
ficiaries trained are not accurate. 
(b) LIMITATION.—Notwithstanding any other provi-
sion of law, the Administrator of the United States Agency 
for International Development, in awarding contracts dur-
ing a fiscal year to procure training services as part of the 
Merida Initiative, may not award more than 50 percent 
of the dollar amount of the contracts to one company. 
(c) MERIDA INITIATIVE DEFINED.—In this section, the 
term ‘‘Merida Initiative’’ means the program announced by 
the United States and Mexico on October 22, 2007, to fight 
illicit narcotics trafficking and criminal organizations 
throughout the Western Hemisphere. 
SEC. 944. INTERNET WEBSITE TO MAKE PUBLICLY AVAIL-
ABLE 
COMPREHENSIVE, 
TIMELY, 
COM-
PARABLE, AND ACCESSIBLE INFORMATION 
ON UNITED STATES FOREIGN ASSISTANCE 
PROGRAMS. 
(a) ESTABLISHMENT; PUBLICATION AND UPDATES.— 
Not later than 2 years after the date of the enactment of 
this Act, the President shall establish and maintain an 
Internet website to make publicly available comprehensive, 
timely, comparable, and accessible information on United 
States foreign assistance programs. The head of each Fed-
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eral department or agency that administers such programs 
shall on a regular basis publish and update on the website 
such information with respect to the programs of the de-
partment or agency. 
(b) MATTERS TO BE INCLUDED.— 
(1) IN
GENERAL.—Such information shall be 
published on a detailed program-by-program basis 
and country-by-country basis. 
(2) TYPES OF INFORMATION.—To ensure trans-
parency, accountability, and effectiveness of United 
States foreign assistance programs, the information 
shall include country assistance strategies, annual 
budget documents, congressional budget justifications, 
and reports and evaluations for such programs and 
projects under such programs. Each type of informa-
tion described in this paragraph shall be published on 
the website not later than 30 days after the date of 
issuance of the information and shall be continuously 
updated. 
(c) SCOPE OF INFORMATION.—The website shall con-
tain such information relating to the current fiscal year 
and the immediately preceding 5 fiscal years. The website 
shall also contain a link to a searchable database available 
to the public containing such information relating to fiscal 
years prior to such immediately preceding 5 fiscal years. 
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(d) FORM.—Such information shall be published on 
the website in unclassified form. Any information deter-
mined to be classified information may be submitted to 
Congress in classified form and an unclassified summary 
of such information shall be published on the website. 
Subtitle E—Reports and Other 
Matters 
SEC. 951. REPORT ON AID COMMITMENTS AND DISBURSE-
MENTS 
BY 
OTHER 
DONORS 
AND 
INTER-
NATIONAL ORGANIZATIONS. 
Section 634 of the Foreign Assistance Act of 1961 (22 
U.S.C. 2394) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘Chairman of the Development Co-
ordination Committee’’ and insert ‘‘President’’; 
(B) by striking paragraphs (6) and (7); and 
(C) 
by 
redesignating 
paragraphs 
(8) 
through (12) as paragraphs (6) through (10), re-
spectively; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—The President shall submit 
to the appropriate congressional committees, at such 
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100 
time that the President submits the annual budget re-
quest under section 1105 of title 31, United States 
Code, a report providing the most up-to-date and de-
tailed information on aid commitments and disburse-
ments by other donors and international organiza-
tions to countries and regions for which the President 
is seeking United States assistance funds. 
‘‘(2) USE OF READILY AVAILABLE RESOURCES 
AND STATISTICS.—In carrying out this subsection, the 
President shall utilize all readily available resources 
and statistics, including information provided by 
such organizations as the Development Assistance 
Committee (DAC) of the Organization for Economic 
Cooperation and Development (OECD). 
‘‘(3) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this subsection, the term ‘appropriate 
congressional committees’ means— 
‘‘(A) the Committee on Foreign Affairs of 
the House of Representatives; and 
‘‘(B) the Committee on Foreign Relations of 
the Senate.’’. 
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101 
SEC. 952. REPORTS ON FINANCIAL DISCLOSURE OF CER-
TAIN 
ORGANIZATIONS 
AND 
BUSINESSES 
THAT RECEIVE UNITED STATES FOREIGN AS-
SISTANCE FUNDING. 
(a) PURPOSE.—The purpose of this section is to 
strengthen the capacity, transparency, and accountability 
of United States foreign assistance programs to steward 
American tax dollars wisely in effectively adapting and re-
sponding to new challenges of the 21st century. 
(b) REPORTS.—The Administrator of the United 
States Agency for International Development shall require 
any organization or business that receives more than 50 
percent of its funding from the United States Government 
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 
et seq.) for any fiscal year to submit to the United States 
Agency for International Development a report that con-
tains the names and all forms of compensation paid by the 
organization or business to the 5 most highly-compensated 
employees of the organization or business. 
(c) PUBLIC DISCLOSURE.—The Administrator of the 
United States Agency for International Development shall 
make the reports submitted under subsection (b) publicly 
accessible on the website of the Agency. 
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102 
SEC. 953. STATEMENT OF POLICY AND REPORT ON SEX-SE-
LECTION ABORTION. 
(a) STATEMENT OF POLICY.—It shall be the policy of 
the United States to declare sex-selection abortion a human 
rights violation. 
(b) HUMAN RIGHTS REPORTS.— 
(1) SECTION 116 REPORT.—Section 116 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151n), as 
amended by section 503 of this Act, is further amend-
ed by adding at the end the following: 
‘‘(h) SEX-SELECTION ABORTION.—The report required 
by subsection (d) of this section shall include, wherever ap-
plicable, systematic assessments and conclusions of the ex-
tent and nature of sex-selection abortion in each foreign 
country.’’. 
(2) SECTION 502B REPORT.—Section 502B of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2304), as 
amended by section 503 of this Act, is further amend-
ed by adding at the end the following: 
‘‘(k) SEX-SELECTION ABORTION.—The report required 
by subsection (b) of this section shall include, wherever ap-
plicable, systematic assessments and conclusions of the ex-
tent and nature of sex-selection abortion in each foreign 
country.’’. 
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103 
SEC. 954. SENSE OF CONGRESS REGARDING REDUCING MA-
LARIA PREVALENCE AND DEATHS. 
(a) FINDINGS.—Congress finds the following: 
(1) Malaria is a leading cause of death and dis-
ease in many developing countries, despite being com-
pletely preventable and treatable. 
(2) According to the Centers for Disease Control 
and Prevention, 35 countries, the majority of them in 
sub-Saharan Africa, account for 98 percent of global 
malaria deaths. 
(3) Young children and pregnant women are 
particularly vulnerable and disproportionately af-
fected by malaria. 
(4) Malaria greatly affects child health, with es-
timates that children under the age of 5 account for 
85 percent of malaria deaths each year. 
(5) Malaria poses great risks to maternal health, 
causing complications during delivery, anemia, and 
low birth weights, with estimates that malaria infec-
tion causes 400,000 cases of severe maternal anemia 
and from 75,000 to 200,000 infant deaths annually 
in sub-Saharan Africa. 
(6) Heightened national, regional, and inter-
national efforts to prevent and treat malaria over re-
cent years have made measurable progress and have 
helped save hundreds of thousands of lives. 
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104 
(7) The World Health Organization’s World Ma-
laria Report 2010 reports that in 2010, more African 
households (42 percent) owned at least one insecticide- 
treated mosquito net (ITN), more children under 5 
years of age (35 percent) were using an ITN com-
pared to previous years, and household ITN owner-
ship reached more than 50 percent in 19 African 
countries. 
(8) The World Health Organization’s World Ma-
laria Report 2010 further states that a total of 11 
countries and one area in the African region showed 
a reduction of more than 50 percent in either con-
firmed malaria cases or malaria admissions and 
deaths in recent years (Algeria, Botswana, Cape 
Verde, Eritrea, Madagascar, Namibia, Rwanda, Sao 
Tome and Principe, South Africa, Swaziland, Zam-
bia, and Zanzibar, United Republic of Tanzania), 
and that in all countries, the decreases are associated 
with intense malaria control interventions. 
(9) Continued national, regional, and inter-
national investment is critical to continue to reduce 
malaria deaths and to prevent backsliding in those 
areas where progress has been made. 
(10) The United States Government has played 
a major leadership role in the recent progress made 
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105 
toward reducing the global burden of malaria, par-
ticularly through the President’s Malaria Initiative 
(PMI) and the United States contribution to the 
Global Fund to Fight AIDS, Tuberculosis, and Ma-
laria. 
(11) Recognizing the burden of malaria on many 
partner countries, PMI has set the target for 2015 of 
reducing the burden of malaria by 50 percent for 
450,000,000 people, representing 70 percent of the at- 
risk population in Africa. 
(b) SENSE OF CONGRESS.—Congress— 
(1) supports the achievable target of ending ma-
laria deaths by 2015; 
(2) recognizes the importance of reducing ma-
laria prevalence and deaths to improve overall child 
and maternal health, especially in sub-Saharan Afri-
ca; 
(3) commends the recent progress made toward 
reducing global malaria deaths and prevalence, par-
ticularly through the efforts of the President’s Malaria 
Initiative and the Global Fund to Fight AIDS, Tu-
berculosis, and Malaria; 
(4) welcomes ongoing public-private partnerships 
to research and develop more effective and affordable 
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tools for malaria diagnosis, treatment, and vaccina-
tion; 
(5) supports continued leadership by the United 
States in bilateral and multilateral efforts to combat 
malaria; and 
(6) encourages other members of the inter-
national community to sustain and scale up their 
support and financial contributions for efforts world-
wide to combat malaria. 
SEC. 955. SENSE OF CONGRESS REGARDING SECOND MCC 
COMPACT WITH CAPE VERDE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Millennium Challenge Corporation 
(MCC) provides access to financial services and helps 
create sustainability for financial institutions in 
Cape Verde, both of which are critical components to 
that country’s economic growth. 
(2) The MCC strategy in Cape Verde, a devel-
oping nation in which 30 percent of its citizens live 
below the poverty level, focuses on microfinance devel-
opment and improved access to credit for farmers. 
(3) The MCC Compact with Cape Verde contrib-
uted to e-government service by investing in software, 
equipment, and technical assistance. As a result, the 
number of days it takes to start a business has de-
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creased from an average of 52 days in 2007, to less 
than one day to do so in 2010. 
(4) Preliminary findings of the MCC Compact 
with Cape Verde indicate substantial results for farm-
ers receiving assistance through the Agricultural Sup-
port Project. For example, following a year of very 
bad rains, farmers who did not receive MCC assist-
ance experienced a drop in income of 88 percent, 
while farmers who did receive such assistance faced a 
decrease of only 18 percent. 
(5) As a result of the MCC Compact with Cape 
Verde, the following outputs have been completed: 
(A) The construction of 28 reservoirs. 
(B) 549 farmers have received training in 
new technologies. 
(C) Four participating microfinance insti-
tutions have issued $617,000 in rural agricul-
tural loans to 209 farmers on agribusiness. 
(D) Increased financial intermediation and 
competition in the government securities market 
and development of the private sector. 
(E) Eight microfinance institutions have re-
ceived technical assistance, and capacity-build-
ing in accounting, credit appraisal, delivery, col-
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108 
lection, human resources management, and mar-
keting. 
(6) As a result of the MCC, Cape Verde is 
launching its first private credit bureau. 
(7) Because the compact with Cape Verde was 
among the first MCC compacts approved, a number 
of unanticipated issues arose regarding timing and 
design that required rescoping of projects and revision 
of targets and indicators. Without the ability to ex-
tend the compact beyond the 5-year limit, the MCC 
was unable to provide full support for the activities 
initially envisioned. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) Cape Verde has demonstrated a commitment 
to transforming its economy and creating sustainable 
growth, as well as an ability to effectively utilize the 
assistance provided by the Millennium Challenge Cor-
poration (MCC); and 
(2) a second compact with the MCC would allow 
Cape Verde to build on the success of its first com-
pact, accelerate economic growth, raise incentives in 
other countries to maintain high levels of performance 
on MCC programs, and exemplify the results-based 
approach to foreign assistance. 
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109 
SEC. 956. SENSE OF CONGRESS REGARDING MICROFINANCE 
AND MICROENTERPRISE PROGRAMS. 
It is the sense of Congress that— 
(1) access to financial markets is essential to eco-
nomic growth; 
(2) microfinance and microenterprise programs 
have been successful in creating and expanding eco-
nomic opportunities by providing access to financial 
markets and financial services, such credit, small 
loans and savings services, to poor and vulnerable 
populations, particularly women and the rural poor, 
in developing countries; 
(3) microfinance helps improve economic welfare 
in poor households, and has been shown to raise bor-
rower income, stimulate the growth of the borrower’s 
business, and generate employment; and 
(4) the United States should support and encour-
age, wherever possible and appropriate, microfinance 
and microenterprise development and programs in 
order to help generate stable economic growth in de-
veloping countries. 
SEC. 957. SENSE OF CONGRESS REGARDING MICROENTER-
PRISE DEVELOPMENT ASSISTANCE TO SUB- 
SAHARAN AFRICA. 
(a) IN GENERAL.—It is the sense of Congress that— 
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110 
(1) the United States Agency for International 
Development should seek to increase the reach, im-
pact, and effectiveness of microenterprise development 
assistance in sub-Saharan Africa; 
(2) the United States Agency for International 
Development should target half of all sustainable pov-
erty-focused programs under subsection (a) of section 
252 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2211a) to the very poor, as required by subsection (c) 
of such section; and 
(3) the United States Agency for International 
Development should seek to improve poverty assess-
ment tools used to provide microenterprise develop-
ment assistance so that the tools can assist the man-
agement and outreach of partner organizations to the 
very poor. 
(b) DEFINITION.—In this section, the term ‘‘microen-
terprise development assistance’’ means assistance under 
title VI of chapter 2 of part I of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2211 et seq.). 
TITLE X—SECURITY ASSISTANCE 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Security Assistance Act 
of 2011’’. 
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111 
Subtitle A—Military Assistance and 
Related Matters 
PART I—FUNDING AUTHORIZATIONS 
SEC. 1011. FOREIGN MILITARY FINANCING PROGRAM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the President for grant as-
sistance under section 23 of the Arms Export Control Act 
(22 U.S.C. 2763), $6,374,000,000 for fiscal year 2012. 
(b) ASSISTANCE FOR ISRAEL.— 
(1) SENSE
OF
CONGRESS.—It is the sense of 
Congress that the United States should continue to 
support the August 2007 announcement that it would 
increase United States military assistance to Israel 
by $6 billion through incremental $150 million an-
nual increases in Foreign Military Financing pro-
gram assistance to Israel, starting at $2.55 billion in 
fiscal year 2009 and reaching $3.15 billion in each 
of the fiscal years 2013 through 2018. 
(2) AMENDMENTS.—Section 513(c) of the Secu-
rity Assistance Act of 2000 (Public Law 106–280; 114 
Stat. 856), as amended by section 1221(a) of the Se-
curity Assistance Act of 2002 (division B of Public 
Law 107–228; 116 Stat. 1430), is further amended— 
(A) in paragraph (1)— 
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112 
(i) by striking ‘‘each of the fiscal years 
2002 and 2003’’ and inserting ‘‘fiscal year 
2012’’; and 
(ii) by striking ‘‘each such fiscal year’’ 
and inserting ‘‘such fiscal year’’; 
(B) in paragraph (3), by striking ‘‘Funds 
authorized’’ and all that follows through ‘‘later.’’ 
and inserting ‘‘Funds authorized to be available 
for Israel under subsection (b)(1) and paragraph 
(1) of this subsection for fiscal year 2012 shall 
be disbursed not later than 30 days after the date 
of the enactment of an Act making appropria-
tions for foreign operations, export financing, 
and related programs for fiscal year 2012, or Oc-
tober 31, 2011, whichever is later’’; and 
(C) in paragraph (4)— 
(i) by striking ‘‘fiscal years 2002 and 
2003’’ and inserting ‘‘fiscal year 2012’’; 
and 
(ii) by striking ‘‘$535,000,000 for fis-
cal 
year 
2002 
and 
not 
less 
than 
$550,000,000 for fiscal year 2003’’ and in-
serting ‘‘$3,075,000,000 for fiscal year 
2012’’. 
(c) ASSISTANCE FOR IRAQ.— 
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(1) FINDINGS.—Congress finds the following: 
(A) United States support for the security 
of the Government of Iraq remains critical for 
the long-term success of United States efforts in 
that country. 
(B) United States security assistance from 
the Iraq Security Forces Fund (ISFF) account 
administered by the Department of Defense has 
been discontinued in H.R. 2219, the Department 
of Defense Appropriations Act, 2012, as passed 
the House of Representatives, with the intent of 
transitioning responsibility for such activities to 
the Foreign Military Financing program admin-
istered by the Department of State. 
(C) The ISFF account was funded at $1.5 
billion for fiscal year 2011 under the Depart-
ment of Defense and Full-Year Continuing Ap-
propriations Act, 2011. 
(D) The request for Foreign Military Fi-
nancing program assistance for the Government 
of Iraq for fiscal year 2012 is $1 billion marking 
a $500 million reduction from previous levels of 
security assistance for Iraq. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.—Of 
the amounts authorized to be appropriated under sub-
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114 
section (a), $1,000,000,000 is authorized to be appro-
priated to the President for grant assistance under 
section 23 of the Arms Export Control Act (22 U.S.C. 
2763) for the Government of Iraq for fiscal year 2012. 
(3) REPORT.—Not later than 90 days after the 
date of enactment of this Act, the Comptroller General 
of the United States shall submit to the appropriate 
congressional committees a report that— 
(A) reviews and comments on the grant as-
sistance provided under section 23 of the Arms 
Export Control Act (22 U.S.C. 2763) for the 
Government of Iraq for fiscal year 2012; 
(B) includes the amount of such grant as-
sistance that is unobligated or unexpended as of 
such date; and 
(C) provides recommendations regarding 
additional actions to ensure greater account-
ability and transparency with respect to the pro-
vision of United States assistance to Iraq. 
(d) CERTIFICATION ON FOREIGN MILITARY FINANCING 
FOR IRAQ.—Notwithstanding any other provision of this 
section or any amendment made by this section, 25 percent 
of the funds made available to the Department of State for 
the Foreign Military Financing program in Iraq for fiscal 
year 2012 may not be made available for contracts under 
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115 
the program unless the Secretary of State submits to Con-
gress a plan to manage large-scale contracts under the pro-
gram and certifies to Congress that sufficient management 
and oversight practices are in place with respect to such 
contracts. 
SEC. 1011A. INTERNATIONAL MILITARY EDUCATION AND 
TRAINING. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Section 
542 of the Foreign Assistance Act of 1961 (22 U.S.C. 2347a) 
is amended by striking ‘‘There are authorized’’ and all that 
follows through ‘‘fiscal year 1987’’ and inserting ‘‘There are 
authorized to be appropriated to the President to carry out 
the purposes of this chapter $105,800,000 for fiscal year 
2012’’. 
(b) AUTHORITY TO PROVIDE TO INTERNATIONAL OR-
GANIZATIONS.—Section 541(a) of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2347(a)) is amended in the first 
sentence by adding at the end before the period the fol-
lowing: ‘‘and comparable personnel of regional and sub-re-
gional organizations for the purposes of contributing to 
peacekeeping operations’’. 
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116 
PART II—MILITARY ASSISTANCE AUTHORITIES 
AND RELATED PROVISIONS 
SEC. 1012. AUTHORITY TO TRANSFER EXCESS DEFENSE AR-
TICLES. 
Section 516(g)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j(g)(1)) is amended— 
(1) by inserting ‘‘authorized to be’’ before ‘‘trans-
ferred’’; and 
(2) by striking ‘‘425,000,000’’ and inserting 
‘‘450,000,000’’. 
SEC. 1012A. ANNUAL MILITARY ASSISTANCE REPORT. 
(a) INFORMATION RELATING TO MILITARY ASSIST-
ANCE AND MILITARY EXPORTS.—Section 655(b) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2415(b)) is amend-
ed— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘whether such defense articles—’’ and insert-
ing ‘‘the following:’’ 
(2) in paragraph (1)— 
(A) by inserting ‘‘Whether such defense arti-
cles’’ before ‘‘were’’; and 
(B) by striking the semicolon at the end and 
inserting a period; 
(3) in paragraph (2)— 
(A) by inserting ‘‘Whether such defense arti-
cles’’ before ‘‘were’’; and 
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117 
(B) by striking ‘‘; or’’ at the end and insert-
ing a period; and 
(4) by striking paragraph (3) and inserting the 
following: 
‘‘(3) Whether such defense articles were exported 
without a license under section 38 of the Arms Export 
Control Act pursuant to an exemption established 
under the International Traffic in Arms Regulations, 
other than defense articles exported in furtherance of 
a letter of offer and acceptance under the Foreign 
Military Sales program or a technical assistance or 
manufacturing license agreement, including the spe-
cific exemption in the regulation under which the ex-
port was made. 
‘‘(4) A detailed listing, by United States Muni-
tions List category and sub-category, as well as by 
country and by international organization, of the ac-
tual total dollar value of major defense equipment 
and defense articles delivered pursuant to licenses au-
thorized under section 38 of the Arms Export Control 
Act for the previous fiscal year. 
‘‘(5) In the case of defense articles that are fire-
arms controlled under category I of the United States 
Munitions List, a statement of the aggregate dollar 
value and quantity of semiautomatic assault weap-
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118 
ons, or spare parts for such weapons, the manufac-
ture, transfer, or possession of which is unlawful 
under section 922 of title 18, United States Code, that 
were licensed for export during the period covered by 
the report.’’. 
(b) INFORMATION NOT REQUIRED.—Section 655 of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amend-
ed— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) INFORMATION NOT REQUIRED.—Each such report 
may exclude information relating to— 
‘‘(1) exports of defense articles (including excess 
defense articles), defense services, and international 
military education and training activities authorized 
by the United States on a temporary basis; 
‘‘(2) exports of such articles, services, and activi-
ties to United States Government end users located in 
foreign countries; and 
‘‘(3) and the value of manufacturing license 
agreements or technical assistance agreements licensed 
under section 38 of the Arms Export Control Act.’’. 
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119 
SEC. 1012B. ANNUAL REPORT ON FOREIGN MILITARY 
TRAINING. 
Section 656(a)(1) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2416(a)(1)) is amended— 
(1) by striking ‘‘January 31’’ and inserting 
‘‘March 1’’; and 
(2) by striking ‘‘and all such training proposed 
for the current fiscal year’’. 
SEC. 1012C. GLOBAL SECURITY CONTINGENCY FUND. 
(a) AUTHORITY.— 
(1) IN GENERAL.—The Secretary of State, with 
the concurrence of the Secretary of Defense, is author-
ized to establish a fund, to be known as the Global Se-
curity Contingency Fund, which shall consist of such 
amounts as may be contributed under paragraph (2) 
to the fund, to provide assistance to a foreign country 
described in subsection (b) for the purposes described 
in subsection (c). The program authorized under this 
subsection shall be jointly financed and carried out by 
the Department of State and the Department of De-
fense in accordance with the requirements of this sec-
tion. 
(2) CONTRIBUTIONS TO FUND.— 
(A) IN GENERAL.—For each of fiscal years 
2012 through 2015, the Secretary of State and 
the Secretary of Defense may contribute not more 
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than $300,000,000 of amounts made available to 
carry out the provisions of law described in sub-
section (d). 
(B) AVAILABILITY.—Notwithstanding any 
other provision of law, amounts contributed 
under this paragraph to the fund shall be merged 
with amounts in the fund and shall be available 
for purposes of carrying out the program author-
ized under this subsection. 
(3) LIMITATION.—The authority of this sub-
section may not be exercised with respect to a fiscal 
year until— 
(A) the Secretary of State contributes to the 
fund not less than one-third of the total amount 
contributed to the fund for the fiscal year; and 
(B) the Secretary of Defense contributes to 
the fund not more than two-thirds of the total 
amount contributed to the fund for the fiscal 
year. 
(4) RULE OF CONSTRUCTION.—The ratios of con-
tributions described in paragraph (3) shall be deter-
mined at the beginning of a fiscal year and may not 
be determined on a project-by-project basis. 
(b) ELIGIBLE FOREIGN COUNTRIES.—A foreign coun-
try described in this subsection is a country that is des-
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ignated by the Secretary of State, with the concurrence of 
the Secretary of Defense, and is eligible to receive assistance 
under one or more of the provisions of law described in sub-
section (d). 
(c) PURPOSE OF PROGRAM.—The program authorized 
under subsection (a) may provide assistance to enhance the 
capabilities of military forces, and other security forces that 
conduct border and maritime security, and counterter-
rorism operations, as well as the government agencies re-
sponsible for such forces, in order to strengthen a foreign 
country’s national and regional security interests consistent 
with United States foreign policy interests. 
(d) PROVISIONS OF LAW DESCRIBED.—The provisions 
of law described in this subsection are the following: 
(1) Section 1206 of the National Defense Author-
ization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3456; relating to program to build the 
capacity of foreign military forces). 
(2) Section 1033 of the National Defense Author-
ization Act for Fiscal Year 1998 (Public Law 105– 
85; 111 Stat. 1881; relating to authority to provide 
additional support for counter-drug activities of other 
countries). 
(3) Amounts authorized to be appropriated by 
section 301 for operation and maintenance, Defense- 
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122 
wide activities, and available for the Defense Security 
Cooperation Agency for the Warsaw Initiative Funds 
(WIF) for the participation of the North Atlantic 
Treaty Organization (NATO) members in the exer-
cises and programs of the Partnership for Peace pro-
gram of the North Atlantic Treaty Organization. 
(4) Section 23 of the Arms Export Control Act 
(22 U.S.C. 2763; relating to foreign military financ-
ing program). 
(5) Section 481 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2291; relating to international nar-
cotics control and law enforcement). 
(6) Chapter 5 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2347 et seq.; relating to 
international military education and training pro-
gram). 
(7) Chapter 8 of part II of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2349aa et seq.; relating 
to antiterrorism assistance). 
(e) FORMULATION AND EXECUTION OF PROGRAM.— 
(1) IN
GENERAL.—The program authorized 
under subsection (a)— 
(A) shall be jointly formulated by the Sec-
retary of State and the Secretary of Defense; and 
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123 
(B) shall, prior to its implementation, be 
approved by the Secretary of State, with the con-
currence of the Secretary of Defense. 
(2) REQUIRED
ELEMENTS.—The program au-
thorized under subsection (a) shall include elements 
that promote— 
(A) observance of and respect for human 
rights and fundamental freedoms; and 
(B) respect for legitimate civilian authority. 
(f) RELATED AUTHORITIES.— 
(1) IN
GENERAL.—The program authorized 
under subsection (a) shall be— 
(A) jointly financed by the Secretary of 
State and the Secretary of Defense through 
amounts contributed to the fund under sub-
section (a)(2) from one or more provisions of law 
described in subsection (d) under which the for-
eign country is eligible to receive assistance; and 
(B) carried out under the authorities of 
such provisions of law and the authorities of this 
section. 
(2) 
ADMINISTRATIVE
AUTHORITIES.—Funds 
made available under a program authorized under 
subsection (a) shall be subject to the same administra-
tive authorities as apply to funds made available to 
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124 
carry out the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.). 
(3) LIMITATION ON ELIGIBLE COUNTRIES.—The 
program authorized under subsection (a) may not in-
clude the provision of assistance to— 
(A) any foreign country that is otherwise 
prohibited from receiving such assistance under 
any other provision of law; or 
(B) Iraq, Afghanistan, or Pakistan. 
(g) CONGRESSIONAL NOTIFICATION.— 
(1) IN GENERAL.—Not less than 15 days before 
implementing an activity under the program author-
ized under subsection (a), the Secretary of State, with 
the concurrence of the Secretary of Defense, shall sub-
mit to the congressional committees specified in para-
graph (2) a notification of— 
(A) the name of the country with respect to 
which the activity will be implemented; and 
(B) the budget, implementation timeline 
with milestones, and completion date for the ac-
tivity. 
(2) SPECIFIED CONGRESSIONAL COMMITTEES.— 
The congressional committees specified in this para-
graph are— 
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125 
(A) the Committee on Armed Services, the 
Committee on Foreign Relations, and the Com-
mittee on Appropriations of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Foreign Affairs, and the Com-
mittee on Appropriations of the House of Rep-
resentatives. 
(h) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed to constitute an authorization or exten-
sion of any of the provisions of law described in subsection 
(d). 
(i) TERMINATION
OF PROGRAM.—The authority to 
carry out the program authorized under subsection (a) ter-
minates at the close of September 30, 2015. An activity 
under the program directed before that date may be com-
pleted after that date, but only using funds made available 
for fiscal years 2012 through 2015. 
SEC. 1012D. INTERNATIONAL MILITARY EDUCATION AND 
TRAINING. 
(a) LIMITATIONS.— 
(1) CHAD.—The President may not use funds 
made available to carry out chapter 5 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 
et seq.) for fiscal year 2012 for assistance to Chad 
until the President certifies to the appropriate con-
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126 
gressional committees that the Government of Chad 
has taken credible and verifiable steps to implement 
a plan of action to end the recruitment and use of 
child soldiers, including the demobilization of child 
soldiers. 
(2) EQUATORIAL
GUINEA
AND
SOMALIA.—The 
President may not use funds made available to carry 
out chapter 5 of part II of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2347 et seq.) for fiscal year 2012 
for assistance to Equatorial Guinea or Somalia. 
(3) TRAINING.—The President may use funds 
made available to carry out chapter 5 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 
et seq.) for fiscal year 2012 for assistance to Angola, 
Cameroon, the Central African Republic, Chad, Cote 
d’Ivoire, Guinea, or Zimbabwe only for training re-
lated to international peacekeeping operations or ex-
panded international military education and train-
ing. 
(4) NOTIFICATION.— 
(A) IN GENERAL.—The President shall no-
tify the appropriate congressional committees at 
least 15 days in advance of making funds de-
scribed in subparagraph (B) available for assist-
ance to Angola, Bangladesh, Cameroon, the Cen-
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127 
tral African Republic, Chad, Cote d’Ivoire, 
Democratic Republic of the Congo, Ethiopia, 
Guatemala, Guinea, Haiti, Kenya, Libya, Nepal, 
Nigeria, or Sri Lanka. A notification under this 
subparagraph shall include a detailed descrip-
tion of activities that are proposed to be carried 
out using such assistance. 
(B) FUNDS DESCRIBED.—Funds referred to 
in subparagraph (A) are funds made available to 
carry out chapter 5 of part II of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2347 et seq.) for 
fiscal year 2012. 
(5) ENTERTAINMENT ALLOWANCES.—The Presi-
dent may use not more than $55,000 of funds made 
available to carry out chapter 5 of part II of the For-
eign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) 
for fiscal year 2012 for entertainment allowances. 
(b) REPORTING REQUIREMENT.—Not later than April 
1, 2012, and each fiscal quarter thereafter for the following 
two years, the President shall submit to the appropriate 
congressional committees a report on the use of funds made 
available to carry out chapter 5 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2347 et seq.), including 
a description of the obligation and expenditure of such 
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128 
funds, and the specific countries in receipt of, and the use 
or purpose of the assistance provided by, such funds. 
PART III—ARMS EXPORT CONTROL ACT 
AMENDMENTS AND RELATED PROVISIONS 
SEC. 1013. INCREASED FLEXIBILITY FOR USE OF DEFENSE 
TRADE CONTROL REGISTRATION FEES. 
(a) IN GENERAL.—Section 45 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2717) is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘For’’ and inserting ‘‘(a) IN 
GENERAL.—For’’; and 
(B) by striking ‘‘Office’’ and inserting ‘‘Di-
rectorate’’; and 
(2) by amending the second sentence to read as 
follows: 
‘‘(b) AVAILABILITY OF FEES.—Fees credited to the ac-
count referred to in subsection (a) shall be available only 
for payment of expenses incurred for— 
‘‘(1) management; 
‘‘(2) licensing; 
‘‘(3) compliance; 
‘‘(4) policy activities; and 
‘‘(5) public outreach.’’. 
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129 
(b) CONFORMING AMENDMENT.—Section 38(b)(3)(A) 
of the Arms Export Control Act (22 U.S.C. 2778(b)(3)(A)) 
is amended to read as follows: 
‘‘(3)(A) For each fiscal year, 100 percent of registra-
tion fees collected pursuant to paragraph (1) shall be cred-
ited to a Department of State account, to be available with-
out fiscal year limitation. Fees credited to that account 
shall be available only for the payment of expenses incurred 
for— 
‘‘(i) management; 
‘‘(ii) licensing; 
‘‘(iii) compliance; 
‘‘(iv) policy activities; and 
‘‘(v) public outreach.’’. 
SEC. 1013A. INCREASE IN CONGRESSIONAL NOTIFICATION 
THRESHOLDS. 
(a) FOREIGN MILITARY SALES.— 
(1) IN GENERAL.—Section 36(b) of the Arms Ex-
port Control Act (22 U.S.C. 2776(b)) is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘$50,000,000’’ and in-
serting ‘‘$100,000,000’’; 
(ii) by striking ‘‘$200,000,000’’ and 
inserting ‘‘$300,000,000’’; and 
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130 
(iii) by striking ‘‘$14,000,000’’ and in-
serting ‘‘$25,000,000’’; 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (6) as paragraphs (3) through (7), re-
spectively; and 
(C) by striking ‘‘The letter of offer shall not 
be issued’’ and all that follows through ‘‘enacts 
a joint resolution’’ and inserting the following: 
‘‘(2) The letter of offer shall not be issued— 
‘‘(A) with respect to a proposed sale of any de-
fense articles or defense services under this Act for 
$200,000,000 or more, any design and construction 
services for $300,000,000 or more, or any major de-
fense equipment for $75,000,000 or more, to the North 
Atlantic Treaty Organization (NATO), any member 
country of NATO, Japan, Australia, the Republic of 
Korea, Israel, or New Zealand, if Congress, within 15 
calendar days after receiving such certification, or 
‘‘(B) with respect to a proposed sale of any de-
fense articles or services under this Act for 
$100,000,000 or more, any design and construction 
services for $200,000,000 or more, or any major de-
fense equipment for $50,000,000 or more, to any other 
country or organization, if Congress, within 30 cal-
endar days after receiving such certification, 
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131 
enacts a joint resolution’’. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 36 of the Arms Export Control Act 
(22 U.S.C. 2776) is amended— 
(A) in subsection (b)— 
(i) in paragraph (6)(C) (as redesig-
nated), by striking ‘‘Subject to paragraph 
(6), if’’ and inserting ‘‘If’’; and 
(ii) by striking paragraph (7) (as re-
designated); and 
(B) in subsection (c)(4), by striking ‘‘sub-
section (b)(5)’’ each place it appears and insert-
ing ‘‘subsection (b)(6)’’. 
(b) COMMERCIAL SALES.—Section 36(c) of the Arms 
Export Control Act (22 U.S.C. 2776(c)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Subject to paragraph (5), 
in’’ and inserting ‘‘In’’; 
(B) by striking ‘‘$14,000,000’’ and inserting 
‘‘$25,000,000’’; and 
(C) by striking ‘‘$50,000,000’’ and inserting 
‘‘$100,000,000’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
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132 
(i) by inserting after ‘‘for an export’’ 
the following: ‘‘of any major defense equip-
ment sold under a contract in the amount 
of $75,000,000 or more or of defense articles 
or defense services sold under a contract in 
the amount of $200,000,000 or more, (or, in 
the case of a defense article that is a fire-
arm controlled under category I of the 
United States Munitions List, $1,000,000 or 
more)’’; and 
(ii) by striking ‘‘Organization,’’ and 
inserting ‘‘Organization (NATO),’’ and by 
further striking ‘‘that Organization’’ and 
inserting ‘‘NATO’’; and 
(B) in subparagraph (C), by inserting after 
‘‘license’’ the following: ‘‘for an export of any 
major defense equipment sold under a contract 
in the amount of $50,000,000 or more or of de-
fense articles or defense services sold under a 
contract in the amount of $100,000,000 or more, 
(or, in the case of a defense article that is a fire-
arm controlled under category I of the United 
States Munitions List, $1,000,000 or more)’’; 
(3) by striking paragraph (5); and 
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133 
(4) by redesignating paragraph (6) as para-
graph (5). 
SEC. 1013B. RETURN OF DEFENSE ARTICLES. 
Section 21(m)(1)(B) of the Arms Export Control Act 
(22 U.S.C. 2761(m)(1)(B)) is amended by adding at the 
end before the semicolon the following: ‘‘, unless the Sec-
retary of State has provided prior approval of such re-
transfer’’. 
SEC. 1013C. ANNUAL ESTIMATE AND JUSTIFICATION FOR 
SALES PROGRAM. 
(a) IN GENERAL.—Section 25(a)(1) of the Arms Ex-
port Control Act (22 U.S.C. 2765(a)(1)) is amended by 
striking ‘‘, together with an indication of which sales and 
licensed commercial exports’’ and inserting ‘‘and’’. 
(b) ADDITIONAL AMENDMENT.—Section 25(a)(3) of the 
Arms Export Control Act (22 U.S.C. 2765(a)(3)) is amend-
ed by adding at the end before the semicolon the following: 
‘‘, as well as any plan for regional security cooperation de-
veloped in consultation with Embassy Country Teams and 
the Department of State’’. 
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134 
SEC. 1013D. UPDATING AND CONFORMING PENALTIES FOR 
VIOLATIONS OF SECTIONS 38 AND 39 OF THE 
ARMS EXPORT CONTROL ACT. 
(a) IN GENERAL.—Section 38(c) of the Arms Export 
Control Act (22 U.S.C. 2778(c)) is amended to read as fol-
lows: 
‘‘(c) VIOLATIONS
OF THIS SECTION
AND SECTION 
39.— 
‘‘(1) UNLAWFUL ACTS.—It shall be unlawful for 
any person to violate, attempt to violate, conspire to 
violate, or cause a violation of any provision of this 
section or section 39, or any rule or regulation issued 
under either section, or a treaty referred to in sub-
section (j)(1)(c)(i), including any rule or regulation 
issued to implement or enforce a treaty referred to in 
subsection (j)(1)(c)(i) or an implementing arrange-
ment pursuant to such a treaty, or who, in a registra-
tion or license application or required report, makes 
any untrue statement of a material fact or omits to 
state a material fact required to be stated therein or 
necessary to make the statements therein not mis-
leading. 
‘‘(2) CRIMINAL PENALTIES.—A person who will-
fully commits an unlawful act described in para-
graph (1) shall upon conviction— 
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135 
‘‘(A) be fined for each violation in an 
amount not to exceed $1,000,000, or 
‘‘(B) in the case of a natural person, im-
prisoned for not more than 20 years or both.’’. 
(b) MECHANISMS TO IDENTIFY VIOLATORS.—Section 
38(g) of the Arms Export Control Act (22 U.S.C. 2778(g)) 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by inserting ‘‘or otherwise charged’’ after 
‘‘indictment’’; 
(ii) in clause (xi), by striking ‘‘or’’ at 
the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(xiii) section 542 of title 18, United 
States Code, relating to entry of goods by 
means of false statements; 
‘‘(xiv) section 554 of title 18, United 
States Code, relating to smuggling goods 
from the United States; 
‘‘(xv) section 1831 of title 18, United 
States Code, relating to economic espionage; 
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136 
‘‘(xvi) section 545 of title 18, United 
States Code, relating to smuggling goods 
into the United States; 
‘‘(xvii) section 104A of the Foreign 
Corrupt Practices Act of 1977 (15 U.S.C. 
78dd–3), relating to prohibited foreign trade 
practices by persons other than issuers or 
domestic concerns; 
‘‘(xviii) section 2339B of title 18, 
United States Code, relating to providing 
material support or resources to dedicated 
foreign terrorist organizations; or 
‘‘(xix) sections 2339C and 2339D of 
title 18, United States Code, relating to fi-
nancing terrorism and receiving terrorism 
training;’’; and 
(B) in subparagraph (B), by inserting ‘‘or 
otherwise charged’’ after ‘‘indictment’’; and 
(2) in paragraph (3)(A), by inserting ‘‘or other-
wise charged’’ after ‘‘indictment’’. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply with respect to violations of 
sections 38 and 39 of the Arms Export Control Act com-
mitted on or after that date. 
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171 
(5) the Government of Yemen is not complicit in 
human rights abuses. 
(c) RECERTIFICATIONS.—Not later than 90 days after 
the date on which the President transmits to the appro-
priate congressional committees an initial certification 
under subsection (b), and every six months thereafter— 
(1) the President shall transmit to the appro-
priate congressional committees a recertification that 
the requirements contained in subsection (b) are con-
tinuing to be met; or 
(2) if the President is unable to make such a re-
certification, the President shall transmit to the ap-
propriate congressional committees a report that con-
tains the reasons therefor. 
(d) WAIVER.—The President may waive the limitation 
in subsection (a) if the President determines and certifies 
to the appropriate congressional committees 15 days prior 
to the exercise of waiver authority that— 
(1) it is in the vital national security interests 
of the United States to do so; 
(2) the United States is fully implementing and 
enforcing existing end-use monitoring mechanisms; 
and 
(3) the United States has established and imple-
mented comprehensive procedures to vet all recipients 
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