1030 
and Law Enforcement’’, ‘‘Assistance for Europe, Eurasia 
and Central Asia’’, ‘‘Economic Support Fund’’, ‘‘Democ-
racy Fund’’, ‘‘Peacekeeping Operations’’, ‘‘Capital Invest-
ment Fund’’, ‘‘Operating Expenses’’, ‘‘Conflict Stabiliza-
tion Operations’’, ‘‘Office of Inspector General’’, ‘‘Non-
proliferation, Anti-terrorism, Demining and Related Pro-
grams’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign 
Military Financing Program’’, ‘‘International Military 
Education and Training’’, ‘‘Pakistan Counterinsurgency 
Capability Fund’’, and ‘‘Peace Corps’’, shall be available 
for obligation for activities, programs, projects, type of 
materiel assistance, countries, or other operations not jus-
tified or in excess of the amount justified to the Commit-
tees on Appropriations for obligation under any of these 
specific headings unless the Committees on Appropriations 
are notified 15 days in advance: Provided, That the Presi-
dent shall not enter into any commitment of funds appro-
priated for the purposes of section 23 of the Arms Export 
Control Act for the provision of major defense equipment, 
other than conventional ammunition, or other major de-
fense items defined to be aircraft, ships, missiles, or com-
bat vehicles, not previously justified to Congress or 20 per-
cent in excess of the quantities justified to Congress unless 
the Committees on Appropriations are notified 15 days in 
advance of such commitment: Provided further, That re-
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quirements of this subsection or any similar provision of 
any other Act shall not apply to any reprogramming for 
an activity, program, or project for which funds are appro-
priated under titles II through IV of this Act of less than 
10 percent of the amount previously justified to the Con-
gress for obligation for such activity, program, or project 
for the current fiscal year. 
(d) Notwithstanding any other provision of law, with 
the exception of funds transferred to, and merged with, 
funds appropriated under title I of this Act, funds trans-
ferred by the Department of Defense to the Department 
of State and the United States Agency for International 
Development for assistance for foreign countries and 
international organizations, and funds made available for 
programs authorized by section 1206 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163), shall be subject to the regular notification pro-
cedures of the Committees on Appropriations. 
(e) The requirements of this section or any similar 
provision of this Act or any other Act, including any prior 
Act requiring notification in accordance with the regular 
notification procedures of the Committees on Appropria-
tions, may be waived if failure to do so would pose a sub-
stantial risk to human health or welfare: Provided, That 
in case of any such waiver, notification to the Committees 
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on Appropriations shall be provided as early as prac-
ticable, but in no event later than 3 days after taking the 
action to which such notification requirement was applica-
ble, in the context of the circumstances necessitating such 
waiver: Provided further, That any notification provided 
pursuant to such a waiver shall contain an explanation 
of the emergency circumstances. 
(f) None of the funds appropriated under titles III 
through VI and VIII of this Act shall be obligated or ex-
pended for assistance for Serbia, Sudan, South Sudan, 
Zimbabwe, Afghanistan, Iraq, Pakistan, Cuba, Iran, 
Haiti, Libya, Ethiopia, Nepal, Colombia, Honduras, 
Burma, Yemen, Mexico, Kazakhstan, Uzbekistan, the 
Russian Federation, Somalia, Sri Lanka, or Cambodia ex-
cept as provided through the regular notification proce-
dures of the Committees on Appropriations. 
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT 
SEC. 7016. Prior to providing excess Department of 
Defense articles in accordance with section 516(a) of the 
Foreign Assistance Act of 1961, the Department of De-
fense shall notify the Committees on Appropriations to the 
same extent and under the same conditions as other com-
mittees pursuant to subsection (f) of that section: Pro-
vided, That before issuing a letter of offer to sell excess 
defense articles under the Arms Export Control Act, the 
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Department of Defense shall notify the Committees on 
Appropriations in accordance with the regular notification 
procedures of such Committees if such defense articles are 
significant military equipment (as defined in section 47(9) 
of the Arms Export Control Act) or are valued (in terms 
of original acquisition cost) at $7,000,000 or more, or if 
notification is required elsewhere in this Act for the use 
of appropriated funds for specific countries that would re-
ceive such excess defense articles: Provided further, That 
such Committees shall also be informed of the original ac-
quisition cost of such defense articles. 
LIMITATION ON AVAILABILITY OF FUNDS FOR 
INTERNATIONAL ORGANIZATIONS AND PROGRAMS 
SEC. 7017. Subject to the regular notification proce-
dures of the Committees on Appropriations, funds appro-
priated under titles III through VI of this Act and prior 
Acts making appropriations for the Department of State, 
foreign operations, and related programs, which are re-
turned or not made available for organizations and pro-
grams because of the implementation of section 307(a) of 
the Foreign Assistance Act of 1961 or section 7049(a) of 
this Act, shall remain available for obligation until Sep-
tember 30, 2013. 
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PROHIBITION ON FUNDING FOR ABORTIONS AND 
INVOLUNTARY STERILIZATION 
SEC. 7018. None of the funds made available to carry 
out part I of the Foreign Assistance Act of 1961, as 
amended, may be used to pay for the performance of abor-
tions as a method of family planning or to motivate or 
coerce any person to practice abortions. None of the funds 
made available to carry out part I of the Foreign Assist-
ance Act of 1961, as amended, may be used to pay for 
the performance of involuntary sterilization as a method 
of family planning or to coerce or provide any financial 
incentive to any person to undergo sterilizations. None of 
the funds made available to carry out part I of the Foreign 
Assistance Act of 1961, as amended, may be used to pay 
for any biomedical research which relates in whole or in 
part, to methods of, or the performance of, abortions or 
involuntary sterilization as a means of family planning. 
None of the funds made available to carry out part I of 
the Foreign Assistance Act of 1961, as amended, may be 
obligated or expended for any country or organization if 
the President certifies that the use of these funds by any 
such country or organization would violate any of the 
above provisions related to abortions and involuntary steri-
lizations. 
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ALLOCATIONS 
SEC. 7019. (a) Funds provided in this Act shall be 
made available for programs and countries in the amounts 
contained in the respective tables included in the explana-
tory statement described in section 4 (in the matter pre-
ceding division A of this consolidated Act). 
(b) For the purposes of implementing this section and 
only with respect to the tables included in the explanatory 
statement described in section 4 (in the matter preceding 
division A of this consolidated Act), the Secretary of State, 
the Administrator of the United States Agency for Inter-
national Development and the Broadcasting Board of Gov-
ernors, as appropriate, may propose deviations to the 
amounts referenced in subsection (a), subject to the reg-
ular notification procedures of the Committees on Appro-
priations. 
PROHIBITION OF PAYMENT OF CERTAIN EXPENSES 
SEC. 7020. None of the funds appropriated or other-
wise made available by this Act under the headings ‘‘Inter-
national Military Education and Training’’ or ‘‘Foreign 
Military Financing Program’’ for Informational Program 
activities or under the headings ‘‘Global Health Pro-
grams’’, ‘‘Development Assistance’’, and ‘‘Economic Sup-
port Fund’’ may be obligated or expended to pay for— 
(1) alcoholic beverages; or 
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(2) entertainment expenses for activities that 
are substantially of a recreational character, includ-
ing but not limited to entrance fees at sporting 
events, theatrical and musical productions, and 
amusement parks. 
PROHIBITION ON ASSISTANCE TO GOVERNMENTS 
SUPPORTING INTERNATIONAL TERRORISM 
SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EX-
PORTS.— 
(1) None of the funds appropriated or otherwise 
made available by titles III through VI of this Act 
may be available to any foreign government which 
provides lethal military equipment to a country the 
government of which the Secretary of State has de-
termined supports international terrorism for pur-
poses of section 6(j) of the Export Administration 
Act of 1979: Provided, That the prohibition under 
this section with respect to a foreign government 
shall terminate 12 months after that government 
ceases to provide such military equipment: Provided 
further, That this section applies with respect to le-
thal military equipment provided under a contract 
entered into after October 1, 1997. 
(2) Assistance restricted by paragraph (1) or 
any other similar provision of law, may be furnished 
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if the President determines that to do so is impor-
tant to the national interests of the United States. 
(3) Whenever the President makes a determina-
tion pursuant to paragraph (2), the President shall 
submit to the Committees on Appropriations a re-
port with respect to the furnishing of such assist-
ance, including a detailed explanation of the assist-
ance to be provided, the estimated dollar amount of 
such assistance, and an explanation of how the as-
sistance furthers United States national interests. 
(b) BILATERAL ASSISTANCE.— 
(1) Funds appropriated for bilateral assistance 
in titles III through VI of this Act and funds appro-
priated under any such title in prior acts making ap-
propriations for the Department of State, foreign 
operations, and related programs, shall not be made 
available to any foreign government which the Presi-
dent determines— 
(A) grants sanctuary from prosecution to 
any individual or group which has committed 
an act of international terrorism; 
(B) otherwise supports international ter-
rorism; or 
(C) is controlled by an organization des-
ignated as a terrorist organization under sec-
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1038 
tion 219 of the Immigration and Nationality 
Act. 
(2) The President may waive the application of 
paragraph (1) to a government if the President de-
termines that national security or humanitarian rea-
sons justify such waiver: Provided, That the Presi-
dent shall publish each such waiver in the Federal 
Register and, at least 15 days before the waiver 
takes effect, shall notify the Committees on Appro-
priations of the waiver (including the justification 
for the waiver) in accordance with the regular notifi-
cation procedures of the Committees on Appropria-
tions. 
AUTHORIZATION REQUIREMENTS 
SEC. 7022. Funds appropriated by this Act, except 
funds appropriated under the heading ‘‘Trade and Devel-
opment Agency’’, may be obligated and expended notwith-
standing section 10 of Public Law 91–672, section 15 of 
the State Department Basic Authorities Act of 1956, sec-
tion 313 of the Foreign Relations Authorization Act, Fis-
cal Years 1994 and 1995 (Public Law 103–236), and sec-
tion 504(a)(1) of the National Security Act of 1947 (50 
U.S.C. 414(a)(1)). 
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DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY 
SEC. 7023. For the purpose of titles II through VI 
of this Act ‘‘program, project, and activity’’ shall be de-
fined at the appropriations Act account level and shall in-
clude all appropriations and authorizations Acts funding 
directives, ceilings, and limitations with the exception that 
for the following accounts: ‘‘Economic Support Fund’’ and 
‘‘Foreign Military Financing Program’’, ‘‘program, 
project, and activity’’ shall also be considered to include 
country, regional, and central program level funding with-
in each such account; for the development assistance ac-
counts of the United States Agency for International De-
velopment ‘‘program, project, and activity’’ shall also be 
considered to include central, country, regional, and pro-
gram level funding, either as: 
(1) justified to the Congress; or 
(2) allocated by the executive branch in accord-
ance with a report, to be provided to the Committees 
on Appropriations within 30 days of the enactment 
of this Act, as required by section 653(a) of the For-
eign Assistance Act of 1961. 
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN 
FOUNDATION AND AFRICAN DEVELOPMENT FOUNDATION 
SEC. 7024. Unless expressly provided to the contrary, 
provisions of this or any other Act, including provisions 
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1040 
contained in prior Acts authorizing or making appropria-
tions for the Department of State, foreign operations, and 
related programs, shall not be construed to prohibit activi-
ties authorized by or conducted under the Peace Corps 
Act, the Inter-American Foundation Act or the African 
Development Foundation Act: Provided, That prior to con-
ducting activities in a country for which assistance is pro-
hibited, the agency shall consult with the Committees on 
Appropriations and report to such Committees within 15 
days of taking such action. 
COMMERCE, TRADE AND SURPLUS COMMODITIES 
SEC. 7025. (a) None of the funds appropriated or 
made available pursuant to titles III through VI of this 
Act for direct assistance and none of the funds otherwise 
made available to the Export-Import Bank and the Over-
seas Private Investment Corporation shall be obligated or 
expended to finance any loan, any assistance or any other 
financial commitments for establishing or expanding pro-
duction of any commodity for export by any country other 
than the United States, if the commodity is likely to be 
in surplus on world markets at the time the resulting pro-
ductive capacity is expected to become operative and if the 
assistance will cause substantial injury to United States 
producers of the same, similar, or competing commodity: 
Provided, That such prohibition shall not apply to the Ex-
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port-Import Bank if in the judgment of its Board of Direc-
tors the benefits to industry and employment in the 
United States are likely to outweigh the injury to United 
States producers of the same, similar, or competing com-
modity, and the Chairman of the Board so notifies the 
Committees on Appropriations: Provided further, That this 
subsection shall not prohibit— 
(1) activities in a country that is eligible for as-
sistance from the International Development Asso-
ciation, is not eligible for assistance from the Inter-
national Bank for Reconstruction and Development, 
and does not export on a consistent basis the agri-
cultural commodity with respect to which assistance 
is furnished; or 
(2) activities in a country the President deter-
mines is recovering from widespread conflict, a hu-
manitarian crisis, or a complex emergency. 
(b) None of the funds appropriated by this or any 
other Act to carry out chapter 1 of part I of the Foreign 
Assistance Act of 1961 shall be available for any testing 
or breeding feasibility study, variety improvement or intro-
duction, consultancy, publication, conference, or training 
in connection with the growth or production in a foreign 
country of an agricultural commodity for export which 
would compete with a similar commodity grown or pro-
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duced in the United States: Provided, That this subsection 
shall not prohibit— 
(1) activities designed to increase food security 
in developing countries where such activities will not 
have a significant impact on the export of agricul-
tural commodities of the United States; 
(2) research activities intended primarily to 
benefit American producers; 
(3) activities in a country that is eligible for as-
sistance from the International Development Asso-
ciation, is not eligible for assistance from the Inter-
national Bank for Reconstruction and Development, 
and does not export on a consistent basis the agri-
cultural commodity with respect to which assistance 
is furnished; or 
(4) activities in a country the President deter-
mines is recovering from widespread conflict, a hu-
manitarian crisis, or a complex emergency. 
(c) The Secretary of the Treasury shall instruct the 
United States Executive Directors of the International 
Bank for Reconstruction and Development, the Inter-
national Development Association, the International Fi-
nance Corporation, the Inter-American Development 
Bank, the International Monetary Fund, the Asian Devel-
opment Bank, the Inter-American Investment Corpora-
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1043 
tion, the North American Development Bank, the Euro-
pean Bank for Reconstruction and Development, the Afri-
can Development Bank, and the African Development 
Fund to use the voice and vote of the United States to 
oppose any assistance by these institutions, using funds 
appropriated or made available pursuant to titles III 
through VI of this Act, for the production or extraction 
of any commodity or mineral for export, if it is in surplus 
on world markets and if the assistance will cause substan-
tial injury to United States producers of the same, similar, 
or competing commodity. 
SEPARATE ACCOUNTS 
SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL 
CURRENCIES.— 
(1) If assistance is furnished to the government 
of a foreign country under chapters 1 and 10 of part 
I or chapter 4 of part II of the Foreign Assistance 
Act of 1961 under agreements which result in the 
generation of local currencies of that country, the 
Administrator of the United States Agency for 
International Development (USAID) shall— 
(A) require that local currencies be depos-
ited in a separate account established by that 
government; 
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(B) enter into an agreement with that gov-
ernment which sets forth— 
(i) the amount of the local currencies 
to be generated; and 
(ii) the terms and conditions under 
which the currencies so deposited may be 
utilized, consistent with this section; and 
(C) establish by agreement with that gov-
ernment the responsibilities of USAID and that 
government to monitor and account for deposits 
into and disbursements from the separate ac-
count. 
(2) USES OF LOCAL CURRENCIES.—As may be 
agreed upon with the foreign government, local cur-
rencies deposited in a separate account pursuant to 
subsection (a), or an equivalent amount of local cur-
rencies, shall be used only— 
(A) to carry out chapter 1 or 10 of part 
I or chapter 4 of part II of the Foreign Assist-
ance Act of 1961 (as the case may be), for such 
purposes as— 
(i) project and sector assistance activi-
ties; or 
(ii) debt and deficit financing; or 
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(B) for the administrative requirements of 
the United States Government. 
(3) PROGRAMMING ACCOUNTABILITY.—USAID 
shall take all necessary steps to ensure that the 
equivalent of the local currencies disbursed pursuant 
to subsection (a)(2)(A) from the separate account 
established pursuant to subsection (a)(1) are used 
for the purposes agreed upon pursuant to subsection 
(a)(2). 
(4) 
TERMINATION
OF
ASSISTANCE
PRO-
GRAMS.—Upon termination of assistance to a coun-
try under chapter 1 or 10 of part I or chapter 4 of 
part II of the Foreign Assistance Act of 1961 (as 
the case may be), any unencumbered balances of 
funds which remain in a separate account estab-
lished pursuant to subsection (a) shall be disposed of 
for such purposes as may be agreed to by the gov-
ernment of that country and the United States Gov-
ernment. 
(5) REPORTING
REQUIREMENT.—The USAID 
Administrator shall report on an annual basis as 
part of the justification documents submitted to the 
Committees on Appropriations on the use of local 
currencies for the administrative requirements of the 
United States Government as authorized in sub-
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1046 
section (a)(2)(B), and such report shall include the 
amount of local currency (and United States dollar 
equivalent) used and/or to be used for such purpose 
in each applicable country. 
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.— 
(1) If assistance is made available to the gov-
ernment of a foreign country, under chapter 1 or 10 
of part I or chapter 4 of part II of the Foreign As-
sistance Act of 1961, as cash transfer assistance or 
as nonproject sector assistance, that country shall be 
required to maintain such funds in a separate ac-
count and not commingle them with any other 
funds. 
(2) APPLICABILITY OF OTHER PROVISIONS OF 
LAW.—Such funds may be obligated and expended 
notwithstanding provisions of law which are incon-
sistent with the nature of this assistance including 
provisions which are referenced in the Joint Explan-
atory Statement of the Committee of Conference ac-
companying House Joint Resolution 648 (House Re-
port No. 98–1159). 
(3) NOTIFICATION.—At least 15 days prior to 
obligating any such cash transfer or nonproject sec-
tor assistance, the President shall submit a notifica-
tion through the regular notification procedures of 
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the Committees on Appropriations, which shall in-
clude a detailed description of how the funds pro-
posed to be made available will be used, with a dis-
cussion of the United States interests that will be 
served by the assistance (including, as appropriate, 
a description of the economic policy reforms that will 
be promoted by such assistance). 
(4) EXEMPTION.—Nonproject sector assistance 
funds may be exempt from the requirements of sub-
section (b)(1) only through the regular notification 
procedures of the Committees on Appropriations. 
ELIGIBILITY FOR ASSISTANCE 
SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERN-
MENTAL ORGANIZATIONS.—Restrictions contained in this 
or any other Act with respect to assistance for a country 
shall not be construed to restrict assistance in support of 
programs of nongovernmental organizations from funds 
appropriated by this Act to carry out the provisions of 
chapters 1, 10, 11, and 12 of part I and chapter 4 of 
part II of the Foreign Assistance Act of 1961, and from 
funds appropriated under the heading ‘‘Assistance for Eu-
rope, Eurasia and Central Asia’’: Provided, That before 
using the authority of this subsection to furnish assistance 
in support of programs of nongovernmental organizations, 
the President shall notify the Committees on Appropria-
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1048 
tions under the regular notification procedures of those 
committees, including a description of the program to be 
assisted, the assistance to be provided, and the reasons 
for furnishing such assistance: Provided further, That 
nothing in this subsection shall be construed to alter any 
existing statutory prohibitions against abortion or involun-
tary sterilizations contained in this or any other Act. 
(b) PUBLIC LAW 480.—During fiscal year 2012, re-
strictions contained in this or any other Act with respect 
to assistance for a country shall not be construed to re-
strict assistance under the Agricultural Trade Develop-
ment and Assistance Act of 1954: Provided, That none 
of the funds appropriated to carry out title I of such Act 
and made available pursuant to this subsection may be 
obligated or expended except as provided through the reg-
ular notification procedures of the Committees on Appro-
priations. 
(c) EXCEPTION.—This section shall not apply— 
(1) with respect to section 620A of the Foreign 
Assistance Act of 1961 or any comparable provision 
of law prohibiting assistance to countries that sup-
port international terrorism; or 
(2) with respect to section 116 of the Foreign 
Assistance Act of 1961 or any comparable provision 
of law prohibiting assistance to the government of a 
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country that violates internationally recognized 
human rights. 
IMPACT ON JOBS IN THE UNITED STATES 
SEC. 7028. None of the funds appropriated under ti-
tles III through VI of this Act may be obligated or ex-
pended to provide— 
(1) any financial incentive to a business enter-
prise currently located in the United States for the 
purpose of inducing such an enterprise to relocate 
outside the United States if such incentive or in-
ducement is likely to reduce the number of employ-
ees of such business enterprise in the United States 
because United States production is being replaced 
by such enterprise outside the United States; or 
(2) assistance for any program, project, or ac-
tivity that contributes to the violation of internation-
ally recognized workers rights, as defined in section 
507(4) of the Trade Act of 1974, of workers in the 
recipient country, including any designated zone or 
area in that country: Provided, That the application 
of section 507(4)(D) and (E) of such Act should be 
commensurate with the level of development of the 
recipient country and sector, and shall not preclude 
assistance for the informal sector in such country, 
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micro and small-scale enterprise, and smallholder 
agriculture. 
INTERNATIONAL FINANCIAL INSTITUTIONS 
SEC. 7029. (a) None of the funds appropriated under 
title V of this Act may be made as payment to any inter-
national financial institution while the United States exec-
utive director to such institution is compensated by the 
institution at a rate which, together with whatever com-
pensation such executive director receives from the United 
States, is in excess of the rate provided for an individual 
occupying a position at level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, or while 
any alternate United States executive director to such in-
stitution is compensated by the institution at a rate in 
excess of the rate provided for an individual occupying a 
position at level V of the Executive Schedule under section 
5316 of title 5, United States Code. 
(b) The Secretary of the Treasury shall instruct the 
United States executive director of each international fi-
nancial institution to oppose any loan, grant, strategy or 
policy of such institution that would require user fees or 
service charges on poor people for primary education or 
primary healthcare, including prevention, care and treat-
ment for HIV/AIDS, malaria, tuberculosis, and infant, 
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child, and maternal health, in connection with such insti-
tution’s financing programs. 
(c) The Secretary of the Treasury shall instruct the 
United States Executive Director of the International 
Monetary Fund (the Fund) to use the voice and vote of 
the United States to oppose any loan, project, agreement, 
memorandum, instrument, plan, or other program of the 
Fund to a Heavily Indebted Poor Country that imposes 
budget caps or restraints that do not allow the mainte-
nance of or an increase in governmental spending on 
healthcare or education; and to promote government 
spending on healthcare, education, agriculture and food 
security, or other critical safety net programs in all of the 
Fund’s activities with respect to Heavily Indebted Poor 
Countries. 
(d) For the purposes of this Act ‘‘international finan-
cial institutions’’ shall mean the International Bank for 
Reconstruction and Development, the International Devel-
opment Association, the International Finance Corpora-
tion, the Inter-American Development Bank, the Inter-
national Monetary Fund, the Asian Development Bank, 
the Asian Development Fund, the Inter-American Invest-
ment Corporation, the North American Development 
Bank, the European Bank for Reconstruction and Devel-
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