127 
(2) Not less than 90 days after the President 
is unable to make the certification pursuant to sub-
section (b)(1), the President may waive section 1003 
of Public Law 100–204 if the President determines 
and certifies in writing to the Speaker of the House 
of Representatives, the President pro tempore of the 
Senate, and the Committees on Appropriations that 
the Palestinians have entered into direct and mean-
ingful negotiations with Israel: Provided, That any 
waiver of the provisions of section 1003 of Public 
Law 100–204 under paragraph (1) of this sub-
section or under previous provisions of law must ex-
pire before the waiver under the preceding sentence 
may be exercised. 
(3) Any waiver pursuant to this subsection shall 
be effective for no more than a period of 6 months 
at a time and shall not apply beyond 12 months 
after the enactment of this Act. 
NEAR EAST 
SEC. 7042. (a) EGYPT.— 
(1)(A) None of the funds appropriated under ti-
tles III and IV of this Act and in prior Acts making 
appropriations for the Department of State, foreign 
operations, and related programs may be made 
available for assistance for the central Government 
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128 
of Egypt unless the Secretary of State certifies to 
the Committees on Appropriations that such govern-
ment is meeting its obligations under the 1979 
Egypt-Israel Peace Treaty. 
(B) Prior to the obligation of funds appro-
priated by this Act under the headings ‘‘Eco-
nomic Support Fund’’ and ‘‘Foreign Military 
Financing Program’’ for assistance for the cen-
tral Government of Egypt, the Secretary of 
State shall certify to the Committees on Appro-
priations that the Government of Egypt— 
(i) has completed the transition to ci-
vilian government, including holding free 
and fair elections; and 
(ii) is implementing policies to protect 
freedom of expression, association, and re-
ligion, and due process of law. 
(C) The Secretary of State may waive the 
requirements of paragraph (B) if the Secretary 
determines and reports to the Committees on 
Appropriations that to do so is in the national 
security interest of the United States: Provided, 
That such determination and report shall in-
clude a detailed justification for such waiver: 
Provided further, That the Secretary of State 
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129 
shall consult with the Committees on Appro-
priations prior to waiving such requirements. 
(2) The Secretary of State shall consult with 
the Committees on Appropriations prior to the 
transfer of funds appropriated by this Act under the 
heading ‘‘Foreign Military Financing Program’’ to 
an interest-bearing account for Egypt. 
(b) IRAN.— 
(1) It is the policy of the United States to seek 
to prevent Iran from achieving the capability to 
produce or otherwise manufacture nuclear weapons, 
including by supporting international diplomatic ef-
forts to halt Iran’s uranium enrichment program, 
and the President should fully implement and en-
force the Iran Sanctions Act of 1996, as amended 
(Public Law 104–172) as a means of encouraging 
foreign governments to require state-owned and pri-
vate entities to cease all investment in, and support 
of, Iran’s energy sector and all exports of refined pe-
troleum products to Iran. 
(2) None of the funds appropriated or otherwise 
made available in this Act under the heading ‘‘Ex-
port-Import Bank of the United States’’ may be 
used by the Export-Import Bank of the United 
States to provide any new financing (including loans, 
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130 
guarantees, other credits, insurance, and reinsur-
ance) to any person that is subject to sanctions 
under paragraph (2) or (3) of section 5(a) of the 
Iran Sanctions Act of 1996 (Public Law 104–172). 
(3) The reporting requirements in section 
7043(c) in division F of Public Law 111–117 shall 
continue in effect during fiscal year 2013 as if part 
of this Act: Provided, That the date in subsection 
(c)(1) shall be deemed to be ‘‘September 30, 2013’’. 
(c) IRAQ.— 
(1) Funds appropriated or otherwise made 
available by this Act for assistance for Iraq shall be 
made available in a manner that utilizes Iraqi enti-
ties to the maximum extent practicable, and in ac-
cordance with the cost-matching and other require-
ments in the Department of State’s April 9, 2009, 
‘‘Guidelines for Government of Iraq Financial Par-
ticipation in United States Government-Funded Ci-
vilian Foreign Assistance Programs and Projects’’. 
(2) None of the funds appropriated or otherwise 
made available by this Act may be used by the Gov-
ernment of the United States to enter into a perma-
nent basing rights agreement between the United 
States and Iraq. 
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131 
(3)(A) Amounts obligated from funds appro-
priated for fiscal year 2013 by this Act for security 
assistance for Iraq shall not exceed the amounts ob-
ligated for security assistance for Iraq in fiscal year 
2012 until the Secretary of State certifies and re-
ports to the Committees on Appropriations that the 
Government of Iraq has demonstrated a commitment 
to— 
(i) adequately build the logistics and 
maintenance capacity of the Iraqi security 
forces; 
(ii) develop the institutional capacity 
to manage such forces independently; and 
(iii) develop a culture of sustainment 
for equipment provided by the United 
States or acquired with United States as-
sistance. 
(B) The report required under subpara-
graph (A) shall include a description of the ac-
tions taken by the Government of Iraq that, in 
the determination of the Secretary, support the 
certification. 
(d) LEBANON.— 
(1) None of the funds appropriated by this Act 
under the heading ‘‘Foreign Military Financing Pro-
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132 
gram’’ may be made available for assistance for Leb-
anon unless the Secretary of State certifies and re-
ports to the Committees on Appropriations that— 
(A) the Lebanese Armed Forces (LAF) is 
not headed, controlled by, or closely collabo-
rating with Hezbollah or any other foreign ter-
rorist organization designated pursuant to sec-
tion 219 of the Immigration and Nationality 
Act; and 
(B) such assistance will only be used to— 
(i) professionalize the LAF; 
(ii) strengthen border security and 
combat terrorism, including training and 
equipping the LAF to secure Lebanon’s 
borders against infiltration, interdicting 
arms shipments, and preventing the use of 
Lebanon as a safe haven for terrorist 
groups; and 
(iii) implement United Nations Secu-
rity Council Resolution 1701. 
(2) If the Secretary of State makes the certifi-
cation contained in paragraph (1), funds may not be 
made available for obligation until a detailed spend 
plan is submitted to the Committees on Appropria-
tions, except such plan may not be considered as 
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133 
meeting the notification requirements under section 
7015 of this Act or under section 634A of the For-
eign Assistance Act of 1961, and shall be submitted 
not later than September 1, 2013: Provided, That 
any notification submitted pursuant to section 634A 
of the Foreign Assistance Act of 1961 or section 
7015 of this Act shall include any funds specifically 
intended for lethal military equipment: Provided fur-
ther, That the Secretary of State shall regularly con-
sult with the Committees on Appropriations on the 
activities of the LAF and assistance provided by the 
United States: Provided further, That not later than 
90 days after enactment of this Act, the Secretary 
of State shall submit a report to the Committees on 
Appropriations detailing the actions taken to ensure 
that equipment provided to the LAF is used only for 
intended purposes. 
(e) LIBYA.— 
(1) None of the funds appropriated by this Act 
under the heading ‘‘Economic Support Fund’’ may 
be made available for assistance for Libya unless the 
Secretary of State reports to the Committees on Ap-
propriations— 
(A) that such funds shall only be made 
available to support programs that promote de-
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134 
mocracy, transparent and accountable govern-
ance, human rights, transitional justice, and the 
rule of law; 
(B) that such funds shall be made avail-
able, to the maximum extent practicable, on a 
cost-matching basis; and 
(C) the amounts the Government of Libya 
plans to contribute during fiscal year 2013 to 
their development priorities. 
(2) None of the funds appropriated by this Act 
under the headings ‘‘International Narcotics Control 
and Law Enforcement’’ and ‘‘Foreign Military Fi-
nancing Program’’ may be made available to Libya 
unless the notification required by section 7015 of 
this Act contains a detailed justification and the vet-
ting procedures in place for all such assistance. 
(f) YEMEN.—None of the funds appropriated by this 
Act under the heading ‘‘Foreign Military Financing Pro-
gram’’ for assistance for Yemen may be made available 
until the Secretary of State reports to the Committees on 
Appropriations that the Armed Forces of Yemen— 
(1) are not controlled by a foreign terrorist or-
ganization, designated pursuant to section 219 of 
the Immigration and Nationality Act; and 
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135 
(2) are cooperating with the United States on 
counterterrorism efforts against Al Qaeda and other 
terrorist organizations. 
AFRICA 
SEC. 7043. (a) NATURAL
RESOURCE
TRANS-
PARENCY.—Funds appropriated by this Act that are avail-
able for assistance for Liberia, Sierra Leone, Nigeria, Cote 
d’Ivoire, and the countries participating in the Congo 
Basin Forest Partnership should be made available to pro-
mote and support transparency and accountability in rela-
tion to the extraction of timber, oil and gas, cacao, and 
other natural resources, including by strengthening imple-
mentation and monitoring of the Extractive Industries 
Transparency Initiative and the Kimberley Process Cer-
tification Scheme. 
(b) COUNTERTERRORISM PROGRAMS.—(1) Of the 
funds appropriated by this Act, not less than $52,800,000 
should be made available for the Trans-Sahara Counter- 
terrorism Partnership program, and not less than 
$21,300,000 should be made available for the Partnership 
for Regional East Africa Counterterrorism program. 
(2)(A) Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State shall submit 
to the appropriate congressional committees— 
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136 
(i) a detailed report on whether the Nigerian 
organization named ‘‘People Committed to the Prop-
agation of the Prophet’s Teachings and Jihad’’ 
(commonly known as ‘‘Boko Haram’’), meets the cri-
teria for designation as a foreign terrorist organiza-
tion pursuant to section 219 of the Immigration and 
Nationality Act (8 U.S.C. 1189); and 
(ii) if the Secretary of State determines that 
Boko Haram does not meet such criteria, the Sec-
retary shall submit a report with a detailed justifica-
tion regarding which designation criteria of section 
219 of the Immigration and Nationality Act have 
not been met. 
(B) The report required by subparagraph (A) shall 
be submitted in unclassified form, but may include a clas-
sified annex if appropriate. 
(C) In this paragraph, the term ‘‘appropriate con-
gressional committees’’ means— 
(i) the Committee on Appropriations, the Com-
mittee on Homeland Security, the Committee on 
Armed Services, the Committee on Foreign Affairs, 
and the Permanent Select Committee on Intelligence 
of the House of Representatives; and 
(ii) the Committee on Appropriations, the Com-
mittee on Homeland Security and Governmental Af-
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137 
fairs, the Committee on Armed Services, the Com-
mittee on Foreign Relations, and the Select Com-
mittee on Intelligence of the Senate. 
(c) SUDAN.— 
(1) Notwithstanding any other provision of law, 
none of the funds appropriated by this Act may be 
made available for assistance for the Government of 
Sudan. 
(2) None of the funds appropriated by this Act 
may be made available for the cost, as defined in 
section 502 of the Congressional Budget Act of 
1974, of modifying loans and loan guarantees held 
by the Government of Sudan, including the cost of 
selling, reducing, or canceling amounts owed to the 
United States, and modifying concessional loans, 
guarantees, and credit agreements. 
(3) The limitations of paragraphs (1) and (2) 
shall not apply to— 
(A) humanitarian assistance; 
(B) assistance for the Darfur region, 
Southern Kordofan/Nuba Mountains State, 
Blue Nile State, other marginalized populations 
in Sudan, and Abyei; and 
(C) assistance to support implementation 
of outstanding issues of the Comprehensive 
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138 
Peace Agreement (CPA), mutual arrangements 
related to post-referendum issues associated 
with the CPA, or any other internationally rec-
ognized viable peace agreement. 
(4)(A) None of the funds appropriated by this 
Act for bilateral economic assistance may be made 
available for assistance to the central government of 
any country that admits President Omar al-Bashir 
of Sudan. 
(B) The prohibition of subparagraph (A) shall 
apply unless the Secretary of State determines and 
reports to the Committees on Appropriations that 
such admission occurred for the purposes of— 
(i) bringing to justice President Omar al- 
Bashir for crimes against humanity, war 
crimes, or genocide; or 
(ii) furthering the peace process between 
Sudan and South Sudan. 
(C) The prohibition in subparagraph (A) shall 
not apply to assistance provided for humanitarian 
purposes. 
(d) SOUTH SUDAN.— 
(1) Funds appropriated by this Act should be 
made available for assistance for South Sudan, in-
cluding to increase agricultural productivity, expand 
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139 
educational 
opportunities 
especially 
for 
girls, 
strengthen democratic institutions and the rule of 
law, and enhance the capacity of the Federal Legis-
lative Assembly to conduct oversight over govern-
ment revenues and expenditures. 
(2) Not less than 15 days prior to the obliga-
tion of funds appropriated by this Act that are avail-
able for assistance for the Government of South 
Sudan, the Secretary of State shall submit a report 
to the Committees on Appropriations detailing the 
extent to which the Government of South Sudan 
is— 
(A) supporting freedom of expression, the 
establishment of democratic institutions, includ-
ing an independent judiciary, parliament, and 
security forces that are accountable to civilian 
authority; and 
(B) investigating and punishing members 
of security forces who have violated human 
rights. 
(3) The Secretary of State shall seek to obtain 
regular audits of the financial accounts of the Gov-
ernment of South Sudan to ensure transparency and 
accountability of funds, including revenues from the 
extraction of oil and gas, and the timely, public dis-
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140 
closure of such audits: Provided, That the Secretary 
should assist the Government of South Sudan in 
conducting such audits, and by providing technical 
assistance to enhance the capacity of the National 
Auditor Chamber to carry out its responsibilities, 
and shall submit a report not later than 90 days 
after enactment of this Act to the Committees on 
Appropriations detailing the steps that will be taken 
by the Government of South Sudan, which are addi-
tional to those taken in the previous fiscal year, to 
improve resource management and ensure trans-
parency and accountability of funds. 
(e) LORD’S
RESISTANCE
ARMY.—Funds appro-
priated by this Act shall be made available for programs 
and activities in areas affected by the Lord’s Resistance 
Army (LRA), including to support the goals of the Lord’s 
Resistance Army Disarmament and Northern Uganda Re-
covery Act (Public Law 111-172): Provided, That not later 
than 90 days after enactment of this Act, the Secretary 
of State, in consultation with the Secretary of Defense and 
the Administrator of the United States Agency for Inter-
national Development, shall submit a report to the Com-
mittees on Appropriations detailing progress toward im-
plementation of the Administration’s counter-LRA strat-
egy and the policy objectives included in Public Law 111- 
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141 
172: Provided further, That such report shall include the 
amounts and description of United States assistance pro-
vided for such purposes. 
(f) WAR CRIMES IN AFRICA.— 
(1) The Congress reaffirms its support for the 
efforts of the International Criminal Tribunal for 
Rwanda (ICTR) and the Special Court for Sierra 
Leone (SCSL) to bring to justice individuals respon-
sible for war crimes and crimes against humanity in 
a timely manner. 
(2) Funds appropriated by this Act may be 
made available for assistance for the central govern-
ment of a country in which individuals indicted by 
the ICTR and the SCSL are credibly alleged to be 
living, if the Secretary of State determines and re-
ports to the Committees on Appropriations that such 
government is cooperating with the ICTR and the 
SCSL, including the apprehension, surrender, and 
transfer of indictees in a timely manner: Provided, 
That this subsection shall not apply to assistance 
provided under section 551 of the Foreign Assist-
ance Act of 1961 or to project assistance under title 
VI of this Act: Provided further, That the United 
States shall use its voice and vote in the United Na-
tions Security Council to fully support efforts by the 
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142 
ICTR and the SCSL to bring to justice individuals 
indicted by such tribunals in a timely manner. 
(3) The prohibition in paragraph (2) may be 
waived on a country-by-country basis if the Presi-
dent determines that doing so is in the national se-
curity interest of the United States: Provided, That 
prior to exercising such waiver authority, the Presi-
dent shall submit a report to the Committees on Ap-
propriations, in classified form if necessary, on— 
(A) the steps being taken to obtain the co-
operation of the government in apprehending 
and surrendering the indictee in question to the 
court of jurisdiction; 
(B) a strategy, including a timeline, for 
bringing the indictee before such court; and 
(C) the justification for exercising the 
waiver authority. 
(g) ZIMBABWE.— 
(1) The Secretary of the Treasury shall instruct 
the United States executive director of each inter-
national financial institution to vote against any ex-
tension by the respective institution of any loans or 
grants to the Government of Zimbabwe, except to 
meet basic human needs or to promote democracy, 
unless the Secretary of State determines and reports 
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143 
in writing to the Committees on Appropriations that 
the rule of law has been restored in Zimbabwe, in-
cluding respect for ownership and title to property, 
and freedom of speech and association. 
(2) None of the funds appropriated by this Act 
shall be made available for assistance for the central 
Government of Zimbabwe, except for health, edu-
cation, and macroeconomic growth assistance, unless 
the Secretary of State makes the determination re-
quired in paragraph (1). 
ASIA 
SEC. 7044. (a) TIBET.— 
(1) The Secretary of the Treasury should in-
struct the United States executive director of each 
international financial institution to use the voice 
and vote of the United States to support projects in 
Tibet if such projects do not provide incentives for 
the migration and settlement of non-Tibetans into 
Tibet or facilitate the transfer of ownership of Ti-
betan land and natural resources to non-Tibetans, 
are based on a thorough needs-assessment, foster 
self-sufficiency of the Tibetan people and respect Ti-
betan culture and traditions, and are subject to ef-
fective monitoring. 
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(2) Notwithstanding any other provision of law, 
funds appropriated by this Act under the heading 
‘‘Economic Support Fund’’ shall be made available 
to nongovernmental organizations to support activi-
ties which preserve cultural traditions and promote 
sustainable development and environmental con-
servation in Tibetan communities in the Tibetan Au-
tonomous Region and in other Tibetan communities 
in China. 
(b) BURMA.— 
(1) The Secretary of the Treasury should in-
struct the United States executive directors of the 
appropriate international financial institutions to 
vote against any loan, agreement, or other financial 
support for Burma. 
(2) Funds appropriated by this Act under the 
heading ‘‘Economic Support Fund’’ may be made 
available for assistance for Burma notwithstanding 
any other provision of law, except no such funds 
shall be made available to the State Peace and De-
velopment Council, or its successor, and its affiliated 
organizations: Provided, That such funds shall be 
made available for programs along Burma’s borders 
and for Burmese groups and organizations located 
outside Burma, and may be made available to sup-
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145 
port programs in Burma: Provided further, That in 
addition to assistance for Burmese refugees appro-
priated under the heading ‘‘Migration and Refugee 
Assistance’’ in this Act, funds shall be made avail-
able for community-based organizations operating in 
Thailand to provide food, medical, and other human-
itarian assistance to internally displaced persons in 
eastern Burma: Provided further, That any new pro-
gram or activity initiated with funds made available 
by this Act shall be subject to prior consultation 
with the Committees on Appropriations, and all such 
funds shall be subject to the regular notification pro-
cedures of the Committees on Appropriations. 
(c) CAMBODIA.—Funds made available in this Act for 
a United States contribution to a Khmer Rouge tribunal 
may only be made available if the Secretary of State cer-
tifies to the Committees on Appropriations that the 
United Nations and the Government of Cambodia are tak-
ing credible steps to address allegations of corruption and 
mismanagement within the tribunal. 
(d) NORTH KOREA.—None of the funds made avail-
able by this Act under the heading ‘‘Economic Support 
Fund’’ may be made available for assistance for the gov-
ernment of North Korea. 
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146 
(e) PEOPLE’S REPUBLIC OF CHINA.—(1) None of the 
funds appropriated under the heading ‘‘Diplomatic and 
Consular Programs’’ in this Act may be obligated or ex-
pended for processing licenses for the export of satellites 
of United States origin (including commercial satellites 
and satellite components) to the People’s Republic of 
China unless, at least 15 days in advance, the Committees 
on Appropriations are notified of such proposed action. 
(2) The terms and requirements of section 
620(h) of the Foreign Assistance Act of 1961 shall 
apply to foreign assistance projects or activities of 
the People’s Liberation Army (PLA) of the People’s 
Republic of China, to include such projects or activi-
ties by any entity that is owned or controlled by, or 
an affiliate of, the PLA: Provided, That none of the 
funds appropriated or otherwise made available pur-
suant to this Act may be used to finance any grant, 
contract, or cooperative agreement with the PLA, or 
any entity that the Secretary of State has reason to 
believe is owned or controlled by, or an affiliate of, 
the PLA. 
(3)(A) None of the funds appropriated by this 
Act under the headings ‘‘Global Health Programs’’, 
‘‘Development Assistance’’, and ‘‘Economic Support 
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147 
Fund’’ may be made available for assistance for the 
government of the People’s Republic of China. 
(B) The limitation of subparagraph (A) 
shall not apply to assistance described in para-
graph (2) of subsection (a) and for programs to 
detect, prevent, and treat infectious disease. 
WESTERN HEMISPHERE 
SEC. 7045. (a) COLOMBIA.— 
(1) The matter preceding the first proviso and 
the first through fifth provisos of paragraph (1), and 
paragraph (3), of section 7045(a) of division I of 
Public Law 112–74 shall continue in effect during 
fiscal year 2013 and shall apply to funds appro-
priated in this Act and made available for assistance 
for Colombia as if included in this Act. 
(2) The Secretary of State shall submit to the 
Committees on Appropriations, not later than 60 
days after enactment of this Act, the report de-
scribed under the heading ‘‘International Narcotics 
Control and Law Enforcement’’ in the report accom-
panying this Act. 
(b) HAITI.—The Government of Haiti shall be eligi-
ble to purchase defense articles and services under the 
Arms Export Control Act (22 U.S.C. 2751 et seq.) for 
the Coast Guard. 
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148 
(c) HONDURAS.—Prior to the obligation of 20 per-
cent of the funds appropriated by this Act that are avail-
able for assistance for Honduran military and police 
forces, the Secretary of State shall report in writing to 
the Committees on Appropriations that: the Government 
of Honduras is implementing policies to protect freedom 
of expression and association, and due process of law; and 
is investigating and prosecuting in the civilian justice sys-
tem, in accordance with Honduran and international law, 
military and police personnel who are credibly alleged to 
have violated human rights, and the Honduran military 
and police are cooperating with civilian judicial authorities 
in such cases: Provided, That the restriction in this sub-
section shall not apply to assistance to combat drug traf-
ficking and related violence, and to promote transparency, 
anti-corruption and the rule of law within the military and 
police forces. 
(d) TRADE CAPACITY.—Funds appropriated in this 
Act under the headings ‘‘Development Assistance’’ and 
‘‘Economic Support Fund’’ should be made available for 
labor and environmental capacity building activities relat-
ing to free trade agreements with countries of Central 
America, Colombia, Peru, and the Dominican Republic. 
(e) AIRCRAFT OPERATIONS AND MAINTENANCE.—To 
the maximum extent practicable, the costs of operations 
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149 
and maintenance, including fuel, of aircraft funded by this 
Act should be borne by the recipient country. 
SOUTH ASIA 
SEC. 7046. (a) AFGHANISTAN.— 
(1) LIMITATIONS.— 
(A) TRANSITION.— 
(i) Of the funds appropriated under 
the heading ‘‘Diplomatic and Consular 
Programs’’ in title VIII of this Act that 
are made available for operations and secu-
rity in Afghanistan, 15 percent shall be 
withheld from obligation until the Sec-
retary of State, in consultation with the 
Secretary of Defense and the Adminis-
trator of the United States Agency for 
International Development (USAID), sub-
mits a report to the Committees on Appro-
priations on transition plans for the De-
partment of State and USAID, and such 
report shall include— 
(I) an assessment of the security 
environment in Afghanistan with re-
spect to facilities and personnel, and 
the anticipated impact of the with-
drawal 
of 
United 
States 
Armed 
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150 
Forces in Afghanistan on such envi-
ronment; 
(II) detailed plans for all diplo-
matic locations in the country, to in-
clude— 
(aa) an assessment of the 
security requirements at each 
current and planned facility; 
(bb) the number of United 
States Government personnel an-
ticipated at each facility, a gen-
eral description of the duties of 
such personnel, and the number 
and cost of contractors antici-
pated at each facility required for 
operational and other support; 
(cc) the expected timeline of 
occupancy for each facility; 
(dd) the plans for, and sta-
tus of, corresponding land rights 
agreements with the host govern-
ment for each facility; 
(ee) the types of non-tradi-
tional equipment to be used by 
the Department of State to meet 
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151 
the security requirements at each 
facility and whether agreement 
exists with the host government 
to use such equipment; 
(ff) a description of contin-
gency plans, including evacu-
ation, at each facility for United 
States Government personnel and 
contractors; and 
(gg) the extent to which lo-
cally engaged staff will be used 
for logistical, medical, and secu-
rity requirements. 
(ii) The report required by clause (i) 
may be submitted in classified form if nec-
essary. 
(iii) The report required by clause (i) 
shall also include benchmarks and mile-
stones, including quantitative and quali-
tative metrics, for the diplomatic and de-
velopment programs supported by the 
United States Government presence at 
each facility. 
(B) SECURITY.—Of the funds appropriated 
under the heading ‘‘Economic Support Fund’’ 
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152 
in title VIII of this Act that are made available 
for assistance for the central Government of Af-
ghanistan, 15 percent shall be withheld from 
obligation until the Secretary of State, in con-
sultation with the Administrator of USAID, 
certifies and reports to the Committees on Ap-
propriations that all USAID projects imple-
mented by organizations requiring security in 
Afghanistan have the needed contracts and 
services in place: Provided, That such certifi-
cation shall include each project requiring secu-
rity subcontracts and that each subcontract is 
deemed to have— 
(i) qualified and reliable security per-
sonnel, equipment, and services; 
(ii) reasonable cost requirements; and 
(iii) reasonable terms that meet the 
needs of the prime contractor. 
(C) 
SUSTAINABILITY
AND
TRANS-
PARENCY.—None of the funds appropriated or 
otherwise made available by this Act under the 
headings 
‘‘Economic 
Support 
Fund’’ 
and 
‘‘International Narcotics Control and Law En-
forcement’’ may be obligated for assistance for 
the Government of Afghanistan until the Sec-
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154 
(III) taking significant steps to 
facilitate active public participation in 
governance and oversight. 
(iii) Funds will be used to support 
and strengthen the capacity of Afghan 
public and private institutions and entities 
to reduce corruption and to improve trans-
parency and accountability of national, 
provincial, and local governments. 
(iv) Representatives of Afghan na-
tional, provincial, or local governments, 
and local communities and civil society or-
ganizations, including women-led organiza-
tions, will be consulted and participate in 
the design of programs, projects, and ac-
tivities, including participation in imple-
mentation and oversight, and the develop-
ment of specific benchmarks to measure 
progress and outcomes. 
(2) ASSISTANCE AND OPERATIONS.— 
(A) Funds appropriated or otherwise made 
available by this Act for assistance for Afghani-
stan may be made available as a United States 
contribution to the Afghanistan Reconstruction 
Trust Fund (ARTF) unless the Secretary of 
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155 
State determines and reports to the Committees 
on Appropriations that the World Bank Moni-
toring Agent of the ARTF is unable to conduct 
its financial control and audit responsibilities. 
(B) Funds appropriated under the head-
ings ‘‘Economic Support Fund’’ and ‘‘Inter-
national Narcotics Control and Law Enforce-
ment’’ in this Act that are available for assist-
ance for Afghanistan— 
(i) shall be made available, to the 
maximum extent practicable, in a manner 
that emphasizes the participation of Af-
ghan women, and directly improves the se-
curity, economic and social well-being, and 
political status, and protects the rights of, 
Afghan women and girls and complies with 
sections 7060 and 7061 of this Act, includ-
ing support for the Afghan Independent 
Human Rights Commission, the Afghan 
Ministry of Women’s Affairs, and women- 
led organizations; 
(ii) may be made available for a 
United States contribution to an inter-
nationally managed fund to support the 
reconciliation with and disarmament, de-
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156 
mobilization, and reintegration into Afghan 
society of former combatants who have re-
nounced violence against the Government 
of Afghanistan: Provided, That funds may 
be made available to support reconciliation 
and reintegration activities only if: 
(I) Afghan women are partici-
pating at national, provincial, and 
local levels of government in the de-
sign, policy formulation, and imple-
mentation of the reconciliation or re-
integration process, and such process 
upholds steps taken by the Govern-
ment of Afghanistan to protect the 
human rights of Afghan women; and 
(II) such funds will not be used 
to support any pardon or immunity 
from prosecution, or any position in 
the Government of Afghanistan or se-
curity forces, for any leader of an 
armed group responsible for crimes 
against humanity, war crimes, or acts 
of terrorism; and 
(iii) may be made available for a 
United States contribution to the North 
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157 
Atlantic Treaty Organization/International 
Security Assistance Force Post-Operations 
Humanitarian Relief Fund. 
(C) The authority contained in section 
1102(c) of Public Law 111–32 shall continue in 
effect during fiscal year 2013 and shall apply 
as if part of this Act. 
(D) The Coordinator for Rule of Law at 
the United States Embassy in Kabul, Afghani-
stan, shall be consulted on the use of all funds 
appropriated by this Act for rule of law pro-
grams in Afghanistan. 
(E) None of the funds made available by 
this Act may be used by the United States Gov-
ernment to enter into a permanent basing 
rights agreement between the United States 
and Afghanistan. 
(F) Any significant modification to the 
scope, objectives, or implementation mecha-
nisms of United States assistance programs in 
Afghanistan shall be subject to prior consulta-
tion with, and the regular notification proce-
dures of, the Committees on Appropriations, ex-
cept that the prior consultation requirement 
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158 
may be waived in a manner consistent with sec-
tion 7015(e) of this Act. 
(G) Funds appropriated under titles III 
through VI of this Act that are made available 
for assistance for Afghanistan may be made 
available notwithstanding section 7012 of this 
Act or any similar provision of law and section 
660 of the Foreign Assistance Act of 1961. 
(3) REPORTS.—Not later than 90 days after 
enactment of this Act, the Secretary of State shall 
submit to the Committees on Appropriations— 
(A) a report on the International Monetary 
Fund (IMF) country program for Afghanistan, 
including actions requested by the IMF and 
taken by the Government of Afghanistan to ad-
dress the Kabul Bank crisis and restore con-
fidence in Afghanistan’s banking sector; and 
(B) a report on the costs to support agree-
ments and programs related to the Afghan 
Strategic Partnership, including contributions 
from the Government of Afghanistan. 
(4) OVERSIGHT.—The Special Inspector Gen-
eral for Afghanistan Reconstruction, the Inspector 
General of the Department of State, and the Inspec-
tor General of USAID, shall jointly develop and sub-
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159 
mit to the Committees on Appropriations within 45 
days of enactment of this Act a coordinated audit 
and inspection plan of United States assistance for, 
and civilian operations in, Afghanistan. 
(b) PAKISTAN.— 
(1) CERTIFICATION.—None of the funds appro-
priated or otherwise made available by this Act 
under the headings ‘‘Economic Support Fund’’, 
‘‘International Narcotics Control and Law Enforce-
ment’’, and ‘‘Foreign Military Financing Program’’, 
or by transfer to ‘‘Pakistan Counterinsurgency Ca-
pability Fund’’ for assistance for the Government of 
Pakistan may be made available unless the Secretary 
of State certifies to the Committees on Appropria-
tions that the Government of Pakistan is— 
(A) cooperating with the United States in 
counterterrorism efforts against the Haqqani 
Network, the Quetta Shura Taliban, Lashkar e- 
Tayyiba, Jaish-e-Mohammed, Al Qaeda, and 
other domestic and foreign terrorist organiza-
tions, including taking steps to end support for 
such groups and prevent them from basing and 
operating in Pakistan and carrying out cross 
border attacks into neighboring countries; 
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160 
(B) not supporting terrorist activities 
against United States or coalition forces in Af-
ghanistan, and Pakistan’s military and intel-
ligence agencies are not intervening extra-judi-
cially into political and judicial processes in 
Pakistan; 
(C) dismantling improvised explosive device 
(IED) networks and interdicting precursor 
chemicals used in the manufacture of IEDs; 
(D) preventing the proliferation of nuclear- 
related material and expertise; 
(E) issuing visas in a timely manner for 
United States visitors engaged in counterter-
rorism efforts and assistance programs in Paki-
stan; and 
(F) providing humanitarian organizations 
access to detainees, internally displaced per-
sons, and other Pakistani civilians affected by 
the conflict. 
(2) ASSISTANCE.—Funds appropriated by this 
Act under the heading ‘‘Foreign Military Financing 
Program’’ for assistance for Pakistan may be made 
available only to support counterterrorism and coun-
terinsurgency capabilities in Pakistan, and are sub-
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161 
ject to section 620M of the Foreign Assistance Act 
of 1961. 
(3) REPORTS.— 
(A)(i) The spend plan required by section 
7076 of this Act for assistance for Pakistan 
shall include achievable and sustainable goals, 
benchmarks for measuring progress, and ex-
pected results regarding furthering development 
in Pakistan, countering extremism, and estab-
lishing conditions conducive to the rule of law 
and transparent and accountable governance: 
Provided, That such benchmarks may incor-
porate those required in title III of Public Law 
111–73, as appropriate: Provided further, That 
not later than 6 months after submission of 
such spend plan, and each 6 months thereafter 
until September 30, 2014, the Secretary of 
State shall submit a report to the Committees 
on Appropriations on the status of achieving 
the goals and benchmarks in the spend plan. 
(ii) The Secretary of State should suspend 
assistance for the Government of Pakistan if 
any report required by subparagraph (A)(i) in-
dicates that Pakistan is failing to make measur-
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162 
able progress in meeting these goals or bench-
marks. 
(B) Not later than 90 days after enact-
ment of this Act, the Secretary of State shall 
submit a report to the Committees on Appro-
priations detailing the costs and objectives asso-
ciated with significant infrastructure projects 
supported by the United States in Pakistan, 
and an assessment of the extent to which such 
projects achieve such objectives. 
(c) REGIONAL CROSS BORDER PROGRAMS.—Funds 
appropriated by this Act under the heading ‘‘Economic 
Support Fund’’ for assistance for Afghanistan and Paki-
stan may be provided, notwithstanding any other provision 
of law that restricts assistance to foreign countries, for 
cross border stabilization and development programs be-
tween Afghanistan and Pakistan, or between either coun-
try and the Central Asian republics. 
PROHIBITION OF PAYMENTS TO UNITED NATIONS 
MEMBERS 
SEC. 7047. None of the funds appropriated or made 
available pursuant to titles III through VI of this Act for 
carrying out the Foreign Assistance Act of 1961, may be 
used to pay in whole or in part any assessments, arrear-
ages, or dues of any member of the United Nations or, 
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163 
from funds appropriated by this Act to carry out chapter 
1 of part I of the Foreign Assistance Act of 1961, the 
costs for participation of another country’s delegation at 
international conferences held under the auspices of multi-
lateral or international organizations. 
WAR CRIMES TRIBUNALS DRAWDOWN 
SEC. 7048. If the President determines that doing so 
will contribute to a just resolution of charges regarding 
genocide or other violations of international humanitarian 
law, the President may direct a drawdown pursuant to sec-
tion 552(c) of the Foreign Assistance Act of 1961 of up 
to $30,000,000 of commodities and services for the United 
Nations War Crimes Tribunal established with regard to 
the former Yugoslavia by the United Nations Security 
Council or such other tribunals or commissions as the 
Council may establish or authorize to deal with such viola-
tions, without regard to the ceiling limitation contained 
in paragraph (2) thereof: Provided, That the determina-
tion required under this section shall be in lieu of any de-
terminations otherwise required under section 552(c): Pro-
vided further, That funds made available pursuant to this 
section shall be made available subject to the regular noti-
fication procedures of the Committees on Appropriations. 
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164 
LIMITATIONS ON THE UNITED NATIONS 
SEC. 7049. (a) TRANSPARENCY
AND ACCOUNT-
ABILITY.—Not more than 70 percent of the funds made 
available in this Act for a contribution to any organization, 
agency, or program within the United Nations system or 
any international organization may be provided to such 
organization, agency, or program or such international or-
ganization until the Secretary of State certifies that the 
organization— 
(1) provides the United States Government with 
full and unfettered access to financial and perform-
ance audits regarding the implementation of funds 
of that organization; and 
(2) is publishing on a publicly available website 
regular, financial, programmatic, and reporting au-
dits of the organization and its grantees. 
(b) RESTRICTIONS ON UNITED NATIONS DELEGA-
TIONS AND ORGANIZATIONS.— 
(1) None of the funds made available by this 
Act may be used to pay expenses for any United 
States delegation to any specialized agency, body, or 
commission of the United Nations if such commis-
sion is chaired or presided over by a country, the 
government of which the Secretary of State has de-
termined, for purposes of section 6(j)(1) of the Ex-
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165 
port Administration Act of 1979 (50 U.S.C. App. 
2405(j)(1)), supports international terrorism. 
(2) None of the funds made available by this 
Act may be used by the Secretary of State as a con-
tribution to any organization, agency, or program 
within the United Nations system if such organiza-
tion, agency, commission, or program is chaired or 
presided over by a country the government of which 
the Secretary of State has determined, for purposes 
of section 620A of the Foreign Assistance Act of 
1961, section 40 of the Arms Export Control Act, 
section 6(j)(1) of the Export Administration Act of 
1979, or any other provision of law, is a government 
that has repeatedly provided support for acts of 
international terrorism. 
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.— 
None of the funds appropriated by this Act may be made 
available in support of the United Nations Human Rights 
Council unless the Secretary of State determines and re-
ports to the Committees on Appropriations that participa-
tion in the Council is in the national security interest of 
the United States and that the Council is taking steps to 
remove Israel as a permanent agenda item: Provided, That 
such report shall include a justification for making the de-
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166 
termination and a description of the steps taken to remove 
Israel as a permanent agenda item. 
(d) UNITED NATIONS RELIEF AND WORKS AGEN-
CY.—None of the funds made available by this Act under 
the heading ‘‘Migration and Refugee Assistance’’ may be 
made available as a contribution to the United Nations 
Relief and Works Agency (UNRWA) until the Secretary 
of State determines and reports to the Committees on Ap-
propriations, in writing, that UNRWA is— 
(1) utilizing Operations Support Officers in the 
West Bank and Gaza to inspect UNRWA installa-
tions and reporting any inappropriate use; 
(2) acting promptly to address any staff or ben-
eficiary violation of its own policies (including the 
policies on neutrality and impartiality of employees) 
and the legal requirements under section 301(c) of 
the Foreign Assistance Act of 1961; 
(3) taking necessary and appropriate measures 
to ensure it is operating in compliance with the con-
ditions of section 301(c) of the Foreign Assistance 
Act of 1961 and continuing regular reporting to the 
Department of State on actions it has taken to en-
sure conformance with such conditions; 
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167 
(4) taking steps to improve the transparency of 
all educational materials currently in use in 
UNRWA-administered schools; 
(5) using curriculum materials in UNRWA-sup-
ported schools and summer camps designed to pro-
mote tolerance, non-violent conflict resolution, and 
human rights; 
(6) not engaging in operations with financial in-
stitutions or related entities in violation of relevant 
United States law, is enhancing its transparency and 
financial due diligence, and working to diversify its 
banking operations in the region; and 
(7) in compliance with the United Nations 
Board of Auditors’ biennial audit requirements and 
is implementing in a timely fashion the Board’s rec-
ommendations. 
(e) UNITED NATIONS CAPITAL MASTER PLAN.— 
None of the funds made available in this Act may be used 
for the design, renovation, or construction of the United 
Nations Headquarters in New York. 
(f) WAIVER.—The restrictions imposed by or pursu-
ant to subsections (a) and (d) may be waived on a case- 
by-case basis by the Secretary of State if the Secretary 
determines and reports to the Committees on Appropria-
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168 
tions that such waiver is necessary to avert a humani-
tarian crisis. 
(g) REPORTING REQUIREMENT.—Not later than 30 
days after enactment of this Act, the Secretary of State 
shall submit a report to the Committees on Appropriation 
detailing the amount of funds available for obligation or 
expenditure in fiscal year 2013 under the headings ‘‘Con-
tributions to International Organizations’’ and ‘‘Inter-
national Organizations and Programs’’ that are withheld 
from obligation or expenditure due to any provision of law: 
Provided, That the Secretary of State shall update such 
report each time additional funds are withheld by oper-
ation of any provision of law: Provided further, That the 
reprogramming of any withheld funds identified in such 
report, including updates thereof, shall be subject to prior 
consultation with, and the regular notification procedures 
of, the Committees on Appropriations. 
COMMUNITY-BASED POLICE ASSISTANCE 
SEC. 7050. (a) AUTHORITY.—Funds made available 
by titles III and IV of this Act to carry out the provisions 
of chapter 1 of part I and chapters 4 and 6 of part II 
of the Foreign Assistance Act of 1961, may be used, not-
withstanding section 660 of that Act, to enhance the effec-
tiveness and accountability of civilian police authority 
through training and technical assistance in human rights, 
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169 
the rule of law, anti-corruption, strategic planning, and 
through assistance to foster civilian police roles that sup-
port democratic governance, including assistance for pro-
grams to prevent conflict, respond to disasters, address 
gender-based violence, and foster improved police relations 
with the communities they serve. 
(b) NOTIFICATION.—Assistance provided under sub-
section (a) shall be subject to the regular notification pro-
cedures of the Committees on Appropriations. 
ATTENDANCE AT INTERNATIONAL CONFERENCES 
SEC. 7051. None of the funds made available in this 
Act may be used to send or otherwise pay for the attend-
ance of more than 50 employees of agencies or depart-
ments of the United States Government who are stationed 
in the United States, at any single international con-
ference occurring outside the United States, unless the 
Secretary of State reports to the Committees on Appro-
priations at least 5 days in advance that such attendance 
is important to the national interest: Provided, That for 
purposes of this section the term ‘‘international con-
ference’’ shall mean a conference attended by representa-
tives of the United States Government and of foreign gov-
ernments, international organizations, or nongovern-
mental organizations. 
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170 
AIRCRAFT TRANSFER AND COORDINATION 
SEC. 7052. (a) TRANSFER AUTHORITY.—Notwith-
standing any other provision of law or regulation, aircraft 
procured with funds appropriated by this Act and prior 
Acts making appropriations for the Department of State, 
foreign operations, and related programs under the head-
ings ‘‘Diplomatic and Consular Programs’’, ‘‘International 
Narcotics Control and Law Enforcement’’, ‘‘Andean 
Counterdrug Initiative’’ and ‘‘Andean Counterdrug Pro-
grams’’ may be used for any other program and in any 
region, including for the transportation of active and 
standby Civilian Response Corps personnel and equipment 
during a deployment: Provided, That the responsibility for 
policy decisions and justification for the use of such trans-
fer authority shall be the responsibility of the Secretary 
of State and the Deputy Secretary of State and this re-
sponsibility shall not be delegated. 
(b) PROPERTY DISPOSAL.—The authority provided 
in subsection (a) shall apply only after the Secretary of 
State determines and reports to the Committees on Appro-
priations that the equipment is no longer required to meet 
programmatic purposes in the designated country or re-
gion: Provided, That any such transfer shall be subject 
to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations. 
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171 
(c) AIRCRAFT COORDINATION.— 
(1) The uses of aircraft purchased or leased by 
the Department of State and the United States 
Agency for International Development (USAID) 
with funds made available in this Act or prior Acts 
making appropriations for the Department of State, 
foreign operations, and related programs shall be co-
ordinated under the authority of the appropriate 
Chief of Mission: Provided, That such aircraft may 
be used to transport, on a reimbursable or non-reim-
bursable basis, Federal and non-Federal personnel 
supporting Department of State and USAID pro-
grams and activities: Provided further, That official 
travel for other agencies for other purposes may be 
supported on a reimbursable basis, or without reim-
bursement when traveling on a space available basis. 
(2) The requirement and authorities of this 
subsection shall only apply to aircraft, the primary 
purpose of which is the transportation of personnel. 
PARKING FINES AND REAL PROPERTY TAXES OWED BY 
FOREIGN GOVERNMENTS 
SEC. 7053. The terms and conditions of section 7055 
of division F of Public Law 111–117 shall apply to this 
Act: Provided, That the date ‘‘September 30, 2009’’ in 
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subsection (f)(2)(B) shall be deemed to be ‘‘September 30, 
2012’’. 
LANDMINES AND CLUSTER MUNITIONS 
SEC. 7054. (a) LANDMINES.—Notwithstanding any 
other provision of law, demining equipment available to 
the United States Agency for International Development 
and the Department of State and used in support of the 
clearance of landmines and unexploded ordnance for hu-
manitarian purposes may be disposed of on a grant basis 
in foreign countries, subject to such terms and conditions 
as the Secretary of State may prescribe. 
(b) CLUSTER MUNITIONS.—No military assistance 
shall be furnished for cluster munitions, no defense export 
license for cluster munitions may be issued, and no cluster 
munitions or cluster munitions technology shall be sold or 
transferred, unless— 
(1) the submunitions of the cluster munitions, 
after arming, do not result in more than 1 percent 
unexploded ordnance across the range of intended 
operational environments; and 
(2) the agreement applicable to the assistance, 
transfer, or sale of such cluster munitions or cluster 
munitions technology specifies that the cluster muni-
tions will only be used against clearly defined mili-
tary targets and will not be used where civilians are 
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173 
known to be present or in areas normally inhabited 
by civilians. 
PROHIBITION ON PUBLICITY OR PROPAGANDA 
SEC. 7055. No part of any appropriation contained 
in this Act shall be used for publicity or propaganda pur-
poses within the United States not authorized before the 
date of the enactment of this Act by the Congress: Pro-
vided, That not to exceed $25,000 may be made available 
to carry out the provisions of section 316 of Public Law 
96–533. 
LIMITATION ON RESIDENCE EXPENSES 
SEC. 7056. Of the funds appropriated or made avail-
able pursuant to title II of this Act, not to exceed 
$100,500 shall be for official residence expenses of the 
United States Agency for International Development dur-
ing the current fiscal year: Provided, That appropriate 
steps shall be taken to assure that, to the maximum extent 
possible, United States-owned foreign currencies are uti-
lized in lieu of dollars. 
UNITED STATES AGENCY FOR INTERNATIONAL 
DEVELOPMENT MANAGEMENT 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of 
the funds made available in title III of this Act to carry 
out the provisions of part I of the Foreign Assistance Act 
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174 
of 1961 may be used by the United States Agency for 
International Development (USAID) to hire and employ 
individuals in the United States and overseas on a limited 
appointment basis pursuant to the authority of sections 
308 and 309 of the Foreign Service Act of 1980. 
(b) RESTRICTIONS.— 
(1) The number of individuals hired in any fis-
cal year pursuant to the authority contained in sub-
section (a) may not exceed 175. 
(2) The authority to hire individuals contained 
in subsection (a) shall expire on September 30, 
2014. 
(c) CONDITIONS.—The authority of subsection (a) 
should only be used to the extent that an equivalent num-
ber of positions that are filled by personal services contrac-
tors or other non-direct hire employees of USAID, who 
are compensated with funds appropriated to carry out part 
I of the Foreign Assistance Act of 1961, are eliminated. 
(d) PROGRAM ACCOUNT CHARGED.—The account 
charged for the cost of an individual hired and employed 
under the authority of this section shall be the account 
to which such individual’s responsibilities primarily relate: 
Provided, That funds made available to carry out this sec-
tion may be transferred to, and merged with, funds appro-
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priated by this Act in title II under the heading ‘‘Oper-
ating Expenses’’. 
(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Indi-
viduals hired and employed by USAID, with funds made 
available in this Act or prior Acts making appropriations 
for the Department of State, foreign operations, and re-
lated programs, pursuant to the authority of section 309 
of the Foreign Service Act of 1980, may be extended for 
a period of up to 4 years notwithstanding the limitation 
set forth in such section. 
(f) DISASTER
SURGE
CAPACITY.—Funds appro-
priated under title III of this Act to carry out part I of 
the Foreign Assistance Act of 1961 may be used, in addi-
tion to funds otherwise available for such purposes, for 
the cost (including the support costs) of individuals de-
tailed to or employed by USAID whose primary responsi-
bility is to carry out programs in response to natural dis-
asters, or man-made disasters subject to the regular notifi-
cation procedures of the Committees on Appropriations. 
(g) PERSONAL SERVICES CONTRACTORS.—Funds ap-
propriated by this Act to carry out chapter 1 of part I, 
chapter 4 of part II, and section 667 of the Foreign As-
sistance Act of 1961, and title II of the Agricultural Trade 
Development and Assistance Act of 1954, may be used 
by USAID to employ up to 40 personal services contrac-
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176 
tors in the United States, notwithstanding any other pro-
vision of law, for the purpose of providing direct, interim 
support for new or expanded overseas programs and ac-
tivities managed by the agency until permanent direct hire 
personnel are hired and trained: Provided, That not more 
than 15 of such contractors shall be assigned to any bu-
reau or office: Provided further, That such funds appro-
priated to carry out title II of the Agricultural Trade De-
velopment and Assistance Act of 1954, may be made avail-
able only for personal services contractors assigned to the 
Office of Food for Peace. 
(h) SMALL BUSINESS.—In entering into multiple 
award indefinite-quantity contracts with funds appro-
priated by this Act, USAID may provide an exception to 
the fair opportunity process for placing task orders under 
such contracts when the order is placed with any category 
of small or small disadvantaged business. 
(i) SENIOR FOREIGN SERVICE LIMITED APPOINT-
MENTS.—Individuals hired pursuant to the authority pro-
vided by section 7059(o) of division F of Public Law 111– 
117 may be assigned to or support programs in Iraq, Af-
ghanistan, or Pakistan with funds made available in this 
Act and prior Acts making appropriations for the Depart-
ment of State, foreign operations, and related programs. 
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177 
GLOBAL HEALTH ACTIVITIES 
SEC. 7058. (a) Funds appropriated by titles III and 
IV of this Act that are made available for bilateral assist-
ance for child survival activities or disease programs in-
cluding activities relating to research on, and the preven-
tion, treatment and control of, HIV/AIDS may be made 
available notwithstanding any other provision of law ex-
cept for provisions under the heading ‘‘Global Health Pro-
grams’’ and the United States Leadership Against HIV/ 
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 
711; 22 U.S.C. 7601 et seq.), as amended. 
(b) Of the funds appropriated by this Act, not more 
than $461,000,000 may be made available for family plan-
ning/reproductive health. 
(c) GLOBAL FUND REFORMS.— 
(1) Of funds appropriated by this Act that are 
available for a contribution to the Global Fund to 
Fight AIDS, Tuberculosis and Malaria (Global 
Fund), 10 percent should be withheld from obliga-
tion until the Secretary of State determines and re-
ports to the Committees on Appropriations that— 
(A) the Global Fund is maintaining and 
implementing a policy of transparency, includ-
ing the authority of the Global Fund Office of 
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178 
the Inspector General (OIG) to publish OIG re-
ports on a public Web site; 
(B) the Global Fund is providing sufficient 
resources to maintain an independent OIG 
that— 
(i) reports directly to the Board of the 
Global Fund; 
(ii) maintains a mandate to conduct 
thorough investigations and programmatic 
audits, free from undue interference; and 
(iii) compiles regular, publicly pub-
lished audits and investigations of finan-
cial, programmatic, and reporting aspects 
of the Global Fund, its grantees, recipi-
ents, sub-recipients, and Local Fund 
Agents; and 
(C) the Global Fund maintains an effective 
whistleblower policy to protect whistleblowers 
from retaliation, including confidential proce-
dures for reporting possible misconduct or 
irregularities. 
(2) The withholding required by this subsection 
shall not be in addition to funds that are withheld 
from the Global Fund in fiscal year 2013 pursuant 
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to the application of any other provision contained 
in this or any other Act. 
PROHIBITION ON PROMOTION OF TOBACCO 
SEC. 7059. None of the funds provided by this Act 
shall be available to promote the sale or export of tobacco 
or tobacco products, or to seek the reduction or removal 
by any foreign country of restrictions on the marketing 
of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco 
products of the same type. 
PROGRAMS TO PROMOTE GENDER EQUALITY 
SEC. 7060. (a) Programs funded under title III of 
this Act shall include, where appropriate, efforts to im-
prove the status of women, including through gender con-
siderations in the planning, assessment, implementation, 
monitoring, and evaluation of such programs. 
(b) Funds appropriated under title III of this Act 
shall be made available to support programs to expand 
economic opportunities for poor women in developing 
countries, including increasing the number and capacity 
of women-owned enterprises, improving property rights for 
women, increasing women’s access to financial services 
and capital, enhancing the role of women in economic deci-
sionmaking at the local, national and international levels, 
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and improving women’s ability to participate in the global 
economy. 
(c) Funds appropriated under title III of this Act 
shall be made available to increase political opportunities 
for women, including strengthening protections for wom-
en’s personal status, increasing women’s participation in 
elections, and enhancing women’s positions in government 
and role in government decisionmaking. 
(d) Funds appropriated under in title III of this Act 
for food security and agricultural development shall take 
into consideration the unique needs of women, and tech-
nical assistance for women farmers should be a priority. 
(e) The Department of State and the United States 
Agency for International Development shall fully integrate 
gender into all diplomatic and development efforts through 
the inclusion of gender in strategic planning and budget 
allocations, and the development of indicators and evalua-
tion mechanisms to measure the impact of United States 
policies and programs on women and girls in foreign coun-
tries. 
GENDER-BASED VIOLENCE 
SEC. 7061. (a) Funds appropriated under the head-
ings ‘‘Global Health Programs’’, ‘‘Development Assist-
ance’’, ‘‘Economic Support Fund’’, and ‘‘International 
Narcotics Control and Law Enforcement’’ in this Act shall 
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181 
be made available for gender-based violence prevention 
and response efforts, and funds appropriated under the 
headings ‘‘International Disaster Assistance’’ and ‘‘Migra-
tion and Refugee Assistance’’ should be made available for 
such efforts. 
(b) Programs and activities funded under titles III 
and IV of this Act to train foreign police, judicial, and 
military personnel, including for international peace-
keeping operations, shall address, where appropriate, pre-
vention and response to gender-based violence and traf-
ficking in persons. 
SECTOR ALLOCATIONS 
SEC. 7062. (a) BASIC EDUCATION.— 
(1) Of the funds appropriated by title III of 
this Act, not less than $800,000,000 shall be made 
available for assistance for basic education, of which 
not less than $260,000,000 should be made available 
under the heading ‘‘Development Assistance’’. 
(2) The United States Agency for International 
Development shall ensure that programs supported 
with funds appropriated for basic education in this 
Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related 
programs are integrated, when appropriate, with 
health, agriculture, governance, and economic devel-
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opment activities to address the economic and social 
needs of the broader community. 
(3) Funds appropriated by title III of this Act 
for basic education may be made available for a con-
tribution to the Global Partnership for Education. 
(b) FOOD SECURITY AND AGRICULTURE DEVELOP-
MENT.—Funds appropriated by title III of this Act may 
be made available for food security and agriculture devel-
opment programs notwithstanding any other provision of 
law to address critical food shortages. 
(c) MICROENTERPRISE AND MICROFINANCE.—Of the 
funds 
appropriated 
by 
this 
Act, 
not 
less 
than 
$265,000,000 should be made available for microenter-
prise and microfinance development programs for the 
poor, especially women. 
(d) RECONCILIATION PROGRAMS.—Of the funds ap-
propriated by title III of this Act under the headings 
‘‘Economic Support Fund’’ and ‘‘Development Assist-
ance’’, $26,000,000 shall be made available to support 
people-to-people reconciliation programs which bring to-
gether individuals of different ethnic, religious, and polit-
ical backgrounds from areas of civil strife and war, of 
which $10,000,000 shall be made available for such pro-
grams in the Middle East: Provided, That the Adminis-
trator of the United States Agency for International De-
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velopment shall consult with the Committees on Appro-
priations, prior to the initial obligation of funds, on the 
uses of such funds. 
(e) TRAFFICKING IN PERSONS.—Of the funds appro-
priated by this Act under the headings ‘‘Development As-
sistance’’, ‘‘Economic Support Fund’’, and ‘‘International 
Narcotics Control and Law Enforcement’’ not less than 
$38,000,000 shall be made available for activities to com-
bat trafficking in persons internationally. 
(f) WATER.—Of the funds appropriated by this Act, 
not less than $315,000,000 shall be made available for 
water and sanitation supply projects pursuant to the Sen-
ator Paul Simon Water for the Poor Act of 2005 (Public 
Law 109–121). 
(g) WOMEN’S LEADERSHIP CAPACITY.—Of the funds 
appropriated by title III of this Act, not less than 
$20,000,000 shall be made available for programs to im-
prove women’s leadership capacity in recipient countries. 
(h) NOTIFICATION REQUIREMENTS.—Authorized de-
viations from funding levels contained in this section shall 
be subject to the regular notification procedures of the 
Committees on Appropriations. 
CENTRAL ASIA 
SEC. 7063. The terms and conditions of subsections 
(a) through (e) of section 7076 of the Department of 
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State, Foreign Operations, and Related Programs Appro-
priations Act, 2009 (division H of Public Law 111–8) 
shall apply to funds appropriated by this Act, except that 
the Secretary of State may waive the application of section 
7076(a) for a period of not more than 6 months and every 
6 months thereafter until September 30, 2014, if the Sec-
retary certifies to the Committees on Appropriations that 
the waiver is in the national security interest and nec-
essary to obtain access to and from Afghanistan for the 
United States, and the waiver includes an assessment of 
progress, if any, by the Government of Uzbekistan in 
meeting the requirements in section 7076(a): Provided, 
That the Secretary of State, in consultation with the Sec-
retary of Defense, shall submit a report to the Committees 
on Appropriations not later than 180 days after enactment 
of this Act and 12 months thereafter, on all United States 
Government assistance provided to the Government of Uz-
bekistan and expenditures made in support of the North-
ern Distribution Network in Uzbekistan, including any 
credible information that such assistance or expenditures 
are being diverted for corrupt purposes: Provided further, 
That information provided in the report required by the 
previous proviso may be provided in a classified annex and 
such annex shall indicate the basis for such classification: 
Provided further, That for the purposes of the application 
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185 
of section 7076(e) to this Act, the term ‘‘assistance’’ shall 
not include expanded international military education and 
training. 
REQUESTS FOR DOCUMENTS 
SEC. 7064. None of the funds appropriated or made 
available pursuant to titles III through VI of this Act shall 
be available to a nongovernmental organization, including 
any contractor, which fails to provide upon timely request 
any document, file, or record necessary to the auditing re-
quirements of the United States Agency for International 
Development. 
LIMITATIONS ON FAMILY PLANNING/REPRODUCTIVE 
HEALTH 
SEC. 7065. (a) None of the funds appropriated or 
otherwise made available by this Act may be made avail-
able for the United Nations Population Fund. 
(b) None of the funds appropriated or otherwise 
made available by this Act for population planning activi-
ties or other population assistance may be made available 
to any foreign nongovernmental organization that pro-
motes or performs abortion, except in cases of rape or in-
cest or when the life of the mother would be endangered 
if the fetus were carried to term. 
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186 
INTERNATIONAL PRISON CONDITIONS 
SEC. 7066. Funds appropriated by this Act to carry 
out the provisions of chapters 1 and 11 of part I and chap-
ter 4 of part II of the Foreign Assistance Act of 1961, 
and the Support for East European Democracy (SEED) 
Act of 1989, may be made available, notwithstanding sec-
tion 660 of the Foreign Assistance Act of 1961, for assist-
ance to eliminate inhumane conditions in foreign prisons 
and other detention facilities. 
PROHIBITION ON USE OF TORTURE 
SEC. 7067. None of the funds made available in this 
Act may be used in any way whatsoever to support or jus-
tify the use of torture, cruel, or inhumane treatment by 
any official or contract employee of the United States Gov-
ernment. 
EXTRADITION 
SEC. 7068. (a) None of the funds appropriated in this 
Act may be used to provide assistance (other than funds 
provided under the headings ‘‘International Narcotics 
Control and Law Enforcement’’, ‘‘Migration and Refugee 
Assistance’’, ‘‘Emergency Migration and Refugee Assist-
ance’’, and ‘‘Nonproliferation, Anti-terrorism, Demining 
and Related Assistance’’) for the central government of 
a country which has notified the Department of State of 
its refusal to extradite to the United States any individual 
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187 
indicted for a criminal offense for which the maximum 
penalty is life imprisonment without the possibility of pa-
role or for killing a law enforcement officer, as specified 
in a United States extradition request. 
(b) Subsection (a) shall only apply to the central gov-
ernment of a country with which the United States main-
tains diplomatic relations and with which the United 
States has an extradition treaty and the government of 
that country is in violation of the terms and conditions 
of the treaty. 
(c) The Secretary of State may waive the restriction 
in subsection (a) on a case-by-case basis if the Secretary 
certifies to the Committees on Appropriations that such 
waiver is important to the national interests of the United 
States. 
COMMERCIAL LEASING OF DEFENSE ARTICLES 
SEC. 7069. Notwithstanding any other provision of 
law, and subject to the regular notification procedures of 
the Committees on Appropriations, the authority of sec-
tion 23(a) of the Arms Export Control Act may be used 
to provide financing to Israel, Egypt, and NATO, and 
major non-NATO allies for the procurement by leasing 
(including leasing with an option to purchase) of defense 
articles from United States commercial suppliers, not in-
cluding Major Defense Equipment (other than helicopters 
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188 
and other types of aircraft having possible civilian applica-
tion), if the President determines that there are compel-
ling foreign policy or national security reasons for those 
defense articles being provided by commercial lease rather 
than by government-to-government sale under such Act. 
INDEPENDENT STATES OF THE FORMER SOVIET UNION 
SEC. 7070. (a) None of the funds appropriated in 
title III of this Act shall be made available for assistance 
for a government of an Independent State of the former 
Soviet Union if that government directs any action in vio-
lation of the territorial integrity or national sovereignty 
of any other Independent State of the former Soviet 
Union, such as those violations included in the Helsinki 
Final Act: Provided, That such funds may be made avail-
able without regard to the restriction in this subsection 
if the President determines that to do so is in the national 
security interest of the United States. 
(b)(1) Of the funds made available in title III of this 
Act for assistance for the Government of the Russian Fed-
eration, 60 percent shall be withheld from obligation until 
the President determines and certifies in writing to the 
Committees on Appropriations that the Government of the 
Russian Federation— 
(A) has terminated implementation of arrange-
ments to provide Iran with technical expertise, train-
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ing, technology, or equipment necessary to develop a 
nuclear reactor, related nuclear research facilities or 
programs, or ballistic missile capability; and 
(B) is providing full access to international non- 
government organizations providing humanitarian 
relief to refugees and internally displaced persons in 
Chechnya. 
(2) Paragraph (1) shall not apply to— 
(A) assistance to combat infectious diseases, 
child survival activities, or assistance for victims of 
trafficking in persons; and 
(B) activities authorized under title V (Non-
proliferation and Disarmament Programs and Ac-
tivities) of the FREEDOM Support Act. 
(c) Section 907 of the FREEDOM Support Act shall 
not apply to— 
(1) activities to support democracy or assist-
ance under title V of the FREEDOM Support Act 
and section 1424 of Public Law 104–201 or non- 
proliferation assistance; 
(2) any assistance provided by the Trade and 
Development Agency under section 661 of the For-
eign Assistance Act of 1961 (22 U.S.C. 2421); 
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(3) any activity carried out by a member of the 
United States and Foreign Commercial Service while 
acting within his or her official capacity; 
(4) any insurance, reinsurance, guarantee, or 
other assistance provided by the Overseas Private 
Investment Corporation under title IV of chapter 2 
of part I of the Foreign Assistance Act of 1961 (22 
U.S.C. 2191 et seq.); 
(5) any financing provided under the Export- 
Import Bank Act of 1945; or 
(6) humanitarian assistance. 
INTERNATIONAL MONETARY FUND 
SEC. 7071. (a) The terms and conditions of sections 
7086(b) (1) and (2) and 7090(a) of division F of Public 
Law 111–117 shall apply to this Act. 
(b) The Secretary of the Treasury shall instruct the 
United States Executive Director of the International 
Monetary Fund (IMF) to seek to ensure that any loan 
will be repaid to the IMF before other private creditors. 
(c) The Secretary of the Treasury shall report to the 
Committees on Appropriations, not later than 45 days 
after enactment of this Act, a description and estimate 
of IMF surcharges on outstanding and new loans by cal-
endar year; the IMF’s internal use of funds derived from 
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such surcharges; and details of the IMF’s internal budget 
for the calendar years 2010, 2011, and 2012. 
REPRESSION IN THE RUSSIAN FEDERATION 
SEC. 7072. (a) None of the funds appropriated in 
title III of this Act may be made available for the Govern-
ment of the Russian Federation, after 180 days from the 
date of the enactment of this Act, unless the Secretary 
of State certifies to the Committees on Appropriations 
that the Government of the Russian Federation— 
(1) has implemented no statute, Executive 
order, regulation or similar government action that 
would discriminate, or which has as its principal ef-
fect discrimination, against religious groups or reli-
gious communities in the Russian Federation in vio-
lation of accepted international agreements on 
human rights and religious freedoms to which the 
Russian Federation is a party; 
(2) is honoring its international obligations re-
garding freedom of expression, assembly, and press, 
as well as due process; 
(3) is investigating and prosecuting law enforce-
ment personnel credibly alleged to have committed 
human rights abuses against political leaders, activ-
ists and journalists; and 
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(4) is immediately releasing political leaders, 
activists and journalists who remain in detention. 
(b) The Secretary of State may waive the require-
ments of subsection (a) if the Secretary determines that 
to do so is important to the national interests of the 
United States. 
PROHIBITION ON FIRST-CLASS TRAVEL 
SEC. 7073. None of the funds made available in this 
Act may be used for first-class travel by employees of 
agencies funded by this Act in contravention of sections 
301–10.122 through 301–10.124 of title 41, Code of Fed-
eral Regulations. 
SERBIA 
SEC. 7074. (a) Funds appropriated by this Act may 
be made available for assistance for the central Govern-
ment of Serbia after May 31, 2013, if the Secretary of 
State has submitted the report required in subsection (c). 
(b) After May 31, 2013, the Secretary of the Treas-
ury should instruct the United States executive directors 
of the international financial institutions to support loans 
and assistance to the Government of Serbia subject to the 
condition in subsection (c). 
(c) The report referred to in subsection (a) is a report 
by the Secretary of State to the Committees on Appropria-
tions that the Government of Serbia is cooperating with 
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the International Criminal Tribunal for the former Yugo-
slavia, including apprehending and transferring indictees 
and providing investigators access to witnesses, docu-
ments, and other information. 
(d) This section shall not apply to humanitarian as-
sistance or assistance to promote democracy. 
ENTERPRISE FUNDS 
SEC. 7075. (a) Prior to the distribution of any assets 
resulting from any liquidation, dissolution, or winding up 
of an Enterprise Fund, in whole or in part, the President 
shall submit to the Committees on Appropriations, in ac-
cordance with the regular notification procedures of the 
Committees on Appropriations, a plan for the distribution 
of the assets of the Enterprise Fund. 
(b) None of the funds made available under titles III 
through VI of this Act may be made available for Enter-
prise Funds unless the Committees on Appropriations are 
notified at least fifteen days in advance. 
OPERATING AND SPEND PLANS 
SEC. 7076. (a) OPERATING PLANS.—Not later than 
30 days after the date of enactment of this Act, each de-
partment, agency, or organization funded in titles I and 
II, and the Department of the Treasury and Independent 
Agencies funded in title III of this Act shall submit to 
the Committees on Appropriations an operating plan for 
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194 
funds appropriated to such department, agency, or organi-
zation in such titles of this Act, or funds otherwise avail-
able for obligation in fiscal year 2013, that provides de-
tails of the use of such funds at the program, project, and 
activity level. 
(b) SPEND PLANS.—Prior to the initial obligation of 
funds, the Secretary of State, in consultation with the Ad-
ministrator of the United States Agency for International 
Development, shall submit to the Committees on Appro-
priations a detailed spend plan for the following— 
(1) funds made available in titles III and IV of 
this Act for assistance for Iraq, Haiti, Colombia, 
and Mexico, for the Caribbean Basin Security Initia-
tive, and for the Central American Regional Security 
Initiative; 
(2) funds made available for assistance for 
countries or programs and activities referenced in— 
(A) section 7032; 
(B) sections 7039 and 7040; 
(C) section 7042(a), (d), (e), and (f); 
(D) section 7043(b); and 
(E) section 7046(a) and (b); 
(3) funds appropriated in title III for food secu-
rity and agriculture development programs; 
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(4) funds appropriated or otherwise made avail-
able under the heading ‘‘Development Credit Au-
thority’’. 
(c) NOTIFICATIONS.—The spend plans referenced in 
subsection (b) shall not be considered as meeting the noti-
fication requirements under section 7015 of this Act or 
under section 634A of the Foreign Assistance Act of 1961. 
RESCISSIONS 
SEC. 7077. (a) Of the funds appropriated in prior 
Acts making appropriations for the Department of State, 
foreign operations, and related programs under the head-
ing ‘‘Diplomatic and Consular Programs’’, $5,700,000 are 
rescinded: Provided, That no amounts may be rescinded 
from amounts that were designated by Congress as an 
emergency requirement or for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to a concurrent 
resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
(b) Of the unexpended balances available to the 
President for bilateral economic assistance under the 
heading ‘‘Economic Support Fund’’ from prior Acts mak-
ing appropriations for the Department of State, foreign 
operations, and related programs, $100,000,000 are re-
scinded: Provided, That no amounts may be rescinded 
from amounts that were designated by Congress as an 
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DEPARTMENT OF STATE 
MIGRATION AND REFUGEE ASSISTANCE 
For an additional amount for ‘‘Migration and Ref-
ugee Assistance’’, $229,000,000, to remain available until 
September 30, 2014: Provided, That such amount is des-
ignated by the Congress for Overseas Contingency Oper-
ations/Global War on Terrorism pursuant to section 
251(b)(2)(A) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
INTERNATIONAL SECURITY ASSISTANCE 
DEPARTMENT OF STATE 
INTERNATIONAL NARCOTICS CONTROL AND LAW 
ENFORCEMENT 
For an additional amount for ‘‘International Nar-
cotics Control and Law Enforcement’’, $1,297,000,000, to 
remain available until September 30, 2014: Provided, 
That such amount is designated by the Congress for Over-
seas Contingency Operations/Global War on Terrorism 
pursuant to section 251(b)(2)(A) of the Balanced Budget 
and Emergency Deficit Control Act of 1985. 
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND 
RELATED PROGRAMS 
For an additional amount for ‘‘Nonproliferation, 
Anti-terrorism, 
Demining 
and 
Related 
Programs’’, 
$75,351,000, to remain available until September 30, 
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