(This measure has not been amended since it was introduced. The summary of that version is repeated here.)
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2013 - Makes FY2013 appropriations for the Department of State (Department) for:
Makes FY2013 appropriations for:
Sets forth limitations on callable capital subscriptions with respect to:
Sets forth certain limits and prohibitions on the use of appropriations for specified activities.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5857 Reported in House (RH)]
Union Calendar No. 347
112th CONGRESS
2d Session
H. R. 5857
[Report No. 112-494]
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2013, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2012
Ms. Granger, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2013, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Department of State, foreign operations, and
related programs for the fiscal year ending September 30, 2013, and for
other purposes, namely:
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $6,276,051,000, of which up to
$1,279,267,000 is for Worldwide Security Protection (to remain
available until expended): Provided, That funds made available under
this heading shall be allocated as follows:
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,318,106,000, to remain
available until September 30, 2014, of which not less than
$130,178,000 shall be available only for public diplomacy
American salaries, and up to $216,963,000 is for Worldwide
Security Protection and shall remain available until expended.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,898,176,000, to remain
available until September 30, 2014, of which not less than
$339,208,000 shall be available only for public diplomacy
international information programs.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as
authorized, $861,188,000, to remain available until September
30, 2014.
(4) Security programs.--For necessary expenses for security
activities, $1,198,581,000, to remain available until September
30, 2014, of which up to $1,062,304,000 is for Worldwide
Security Protection and shall remain available until expended.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,806,600 shall be derived from
fees collected from other executive agencies for lease
or use of facilities located at the International
Center in accordance with section 4 of the
International Center Act, and, in addition, as
authorized by section 5 of such Act, $520,150, to be
derived from the reserve authorized by that section, to
be used for the purposes set out in that section;
(B) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any provision of this Act,
funds may be reprogrammed within and between
subsections under this heading subject to section 7015
of this Act;
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be transferred
to, and merged with, funds made available by this Act
under the heading ``Emergencies in the Diplomatic and
Consular Service'', to be available only for emergency
evacuations and rewards, as authorized; and
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to 31 U.S.C. 1108(g), for the field
examination of programs and activities in the United
States funded from any account contained in this title.
(D) Of the amount made available under this
heading, up to $15,300,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Department of State, Administration of
Foreign Affairs, Payment to the American Institute in
Taiwan'': Provided, That the transfer authority of this
subparagraph is in addition to any other transfer
authority available to the Secretary of State.
(E) Of the amount made available under this
heading, up to $35,000,000, to remain available until
expended, may be transferred to, and merged with, funds
previously made available under the heading ``Conflict
Stabilization Operations'' in title I of prior acts
making appropriations for the Department of State,
foreign operations, and related programs.
(F) None of the funds appropriated or otherwise
made available under this heading shall be available
for the Ambassador's Fund for Cultural Preservation.
capital investment fund
For necessary expenses of the Capital Investment Fund, $59,380,000,
to remain available until expended, as authorized: Provided, That
section 135(e) of Public Law 103-236 shall not apply to funds available
under this heading.
office of inspector general
For necessary expenses of the Office of Inspector General,
$60,154,000.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $586,957,000, to remain available until expended: Provided,
That not to exceed $5,000,000, to remain available until expended, may
be credited to this appropriation from fees or other payments received
from or in connection with English teaching, educational advising and
counseling programs, and exchange visitor programs as authorized.
representation allowances
For representation allowances as authorized, $7,300,000.
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$27,000,000, to remain available until September 30, 2014.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $837,401,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation as authorized:
Provided, That none of the funds appropriated in this paragraph shall
be available for acquisition of furniture, furnishings, or generators
for other departments and agencies.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $688,799,000, to remain
available until expended: Provided, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2013.
emergencies in the diplomatic and consular service
(including transfer of funds)
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
$9,300,000, to remain available until expended as authorized, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $1,447,000, as authorized, of which
$710,000 may be made available for administrative expenses necessary to
carry out the direct loan program and may be paid to ``Diplomatic and
Consular Programs'': Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $21,108,000.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For necessary expenses, not otherwise provided for, to meet annual
obligations of membership in international multilateral organizations,
pursuant to treaties ratified pursuant to the advice and consent of the
Senate, conventions or specific Acts of Congress, $1,310,769,000:
Provided, That the Secretary of State shall, at the time of the
submission of the President's budget to Congress under section 1105(a)
of title 31, United States Code, transmit to the Committees on
Appropriations the most recent biennial budget prepared by the United
Nations for the operations of the United Nations: Provided further,
That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That the Secretary of State shall report to the Committees on
Appropriations not later than May 1, 2013, on any credits available to
the United States from the United Nations Tax Equalization Fund (TEF)
and provide updated fiscal year 2014 assessment costs including offsets
from available TEF credits and updated foreign currency exchange rates:
Provided further, That any such credits shall only be available for
United States assessed contributions to the United Nations and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That any payment of arrearages under
this heading shall be directed toward activities that are mutually
agreed upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $1,828,182,000, of
which 15 percent shall remain available until September 30, 2014:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
a new or expanded mission in the United Nations Security Council (or in
an emergency as far in advance as is practicable), the Committees on
Appropriations are notified: (1) of the estimated cost and duration of
the mission, the national interest that will be served, and the exit
strategy; (2) that the United Nations has taken necessary measures to
prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in the mission from trafficking in persons,
exploiting victims of trafficking, or committing acts of illegal sexual
exploitation or other violations of human rights, and to bring to
justice individuals who engage in such acts while participating in the
peacekeeping mission, including prosecution in their home countries of
such individuals in connection with such acts, and to make any relevant
information about such cases publicly available in the country in which
an alleged crime occurs and on the United Nations' website; and (3)
pursuant to section 7015 of this Act, and the procedures therein
followed, setting forth the source of funds that will be used to pay
the cost of the new or expanded mission: Provided further, That funds
shall be available for peacekeeping expenses unless the Secretary of
State determines that American manufacturers and suppliers are not
being given opportunities to provide equipment, services, and material
for United Nations peacekeeping activities equal to those being given
to foreign manufacturers and suppliers: Provided further, That the
Secretary of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to develop effective
vetting procedures to ensure that such troops have not violated human
rights: Provided further, That none of the funds appropriated or
otherwise made available under this heading may be used for any United
Nations peacekeeping mission that will involve United States Armed
Forces under the command or operational control of a foreign national,
unless the President's military advisors have submitted to the
President a recommendation that such involvement is in the national
interests of the United States and the President has submitted to the
Congress such a recommendation: Provided further, That the Secretary of
State shall report to the Committees on Appropriations not later than
May 1, 2013, of any credits available to the United States resulting
from United Nations peacekeeping missions or the United Nations Tax
Equalization Fund: Provided further, That any such credits shall only
be available for United States assessed contributions to the United
Nations and shall be subject to the regular notification procedures of
the Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $44,722,000.
construction
For detailed plan preparation and construction of authorized
projects, $31,453,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by Public Law 103-182,
$11,687,000: Provided, That of the amount provided under this heading
for the International Joint Commission, $9,000 may be made available
for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $32,468,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to 31 U.S.C. 3324.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international
communication activities, and to make and supervise grants for radio
and television broadcasting to the Middle East, $740,100,000: Provided,
That funds appropriated under this heading shall be made available to
expand unrestricted access to information on the Internet through the
development and use of circumvention and secure communication
technologies: Provided further, That the circumvention technologies and
programs supported by such funds shall undergo a review, to include an
assessment of protections against such technologies being used for
illicit purposes: Provided further, That the BBG shall coordinate the
development and use of such technologies with the Secretary of State,
as appropriate: Provided further, That of the total amount appropriated
under this heading, not to exceed $16,000 may be used for official
receptions within the United States as authorized, not to exceed
$35,000 may be used for representation abroad as authorized, and not to
exceed $39,000 may be used for official reception and representation
expenses of Radio Free Europe/Radio Liberty: Provided further, That the
BBG shall notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That significant
modifications to BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $2,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, to remain available until expended
for carrying out authorized purposes.
broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities
for radio and television transmission and reception, and purchase and
installation of necessary equipment for radio and television
transmission and reception, including to Cuba, as authorized,
$7,030,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $15,400,000, to remain available until
expended, as authorized.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act, $37,400,000, to
remain available until September 30, 2014, which shall not be used for
construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2013, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2013, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by 5 U.S.C. 5376; or for purposes which are not in
accordance with OMB Circulars A-110 (Uniform Administrative
Requirements) and A-122 (Cost Principles for Non-profit Organizations),
including the restrictions on compensation for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September
30, 2013, to remain available until expended.
National Endowment for Democracy
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for
Democracy Act, $122,764,000, to remain available until expended, of
which $104,000,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $18,764,000 shall be for
democracy, human rights, and rule of law programs: Provided, That the
President of the National Endowment for Democracy shall submit to the
Committees on Appropriations not later than 45 days after the date of
enactment of this Act a report on the proposed uses of funds under this
heading on a regional and country basis.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $602,000, as authorized by section 1303 of
Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292), as
amended, $3,000,000, to remain available until September 30, 2014.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $2,579,000,
to remain available until September 30, 2014.
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911-6919), $1,996,000,
including not more than $3,000 for the purpose of official
representation, to remain available until September 30, 2014.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,493,000, including not more than $4,000 for the
purpose of official representation, to remain available until September
30, 2014: Provided, That the authorities, requirements, limitations,
and conditions contained in the second through sixth provisos under
this heading in division F of Public Law 111-117 shall continue in
effect during fiscal year 2013 and shall apply to funds appropriated
under this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,015,706,000, to remain
available until September 30, 2014: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this title may be made available to finance the
construction (including architect and engineering services), purchase,
or long-term lease of offices for use by the United States Agency for
International Development (USAID), unless the USAID Administrator has
identified such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the obligation
of funds for such purposes: Provided further, That contracts or
agreements entered into with funds appropriated under this heading
during fiscal year 2014 may entail commitments for the expenditure of
such funds through the following fiscal year: Provided further, That
any decision to open a new or reorganized USAID mission, bureau,
center, or office or, except where there is a substantial security risk
to mission personnel, to close or significantly reduce the number of
personnel of any such mission or office, shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the authority of sections 610 and 109 of the
Foreign Assistance Act of 1961 may be exercised by the Secretary of
State to transfer funds appropriated to carry out chapter 1 of part I
of such Act to ``Operating Expenses'' in accordance with the provisions
of those sections: Provided further, That any new program, fellowship
or initiative not specifically justified in the fiscal year 2013
Congressional budget justification shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That of the funds appropriated or made available under this
heading, not to exceed $250,000 may be available for representation and
entertainment allowances, of which not to exceed $5,000 may be
available for entertainment allowances, for USAID during the current
fiscal year: Provided further, That no such entertainment funds may be
used for the purposes listed in section 7020 of this Act: Provided
further, That appropriate steps shall be taken to assure that, to the
maximum extent possible, United States-owned foreign currencies are
utilized in lieu of dollars: Provided further, That the USAID
Administrator shall consult with the Committees on Appropriations prior
to issuing any guidance through a Procurement Information Bulletin that
changes current requirements related to USAID acquisition and
assistance.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $129,700,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That funds appropriated
under this heading shall be available for obligation only pursuant to
the regular notification procedures of the Committees on
Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $50,500,000, to remain available
until September 30, 2014, which sum shall be available for the Office
of Inspector General of the United States Agency for International
Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $2,474,851,000, to remain available until September 30, 2014,
and which shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount shall be
made available for training, equipment, and technical assistance to
build the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That funds appropriated under
this paragraph may be made available for a United States contribution
to the GAVI Alliance: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That in
order to reduce reliance on abortion in developing nations, funds shall
be available only to voluntary family planning projects which offer,
either directly or through referral to, or information about access to,
a broad range of family planning methods and services, and that any
such voluntary family planning project shall meet the following
requirements: (1) service providers or referral agents in the project
shall not implement or be subject to quotas, or other numerical
targets, of total number of births, number of family planning
acceptors, or acceptors of a particular method of family planning (this
provision shall not be construed to include the use of quantitative
estimates or indicators for budgeting and planning purposes); (2) the
project shall not include payment of incentives, bribes, gratuities, or
financial reward to: (A) an individual in exchange for becoming a
family planning acceptor; or (B) program personnel for achieving a
numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence of any
individual's decision not to accept family planning services; (4) the
project shall provide family planning acceptors comprehensible
information on the health benefits and risks of the method chosen,
including those conditions that might render the use of the method
inadvisable and those adverse side effects known to be consequent to
the use of the method; and (5) the project shall ensure that
experimental contraceptive drugs and devices and medical procedures are
provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4)
of this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action taken by the Agency: Provided further, That in
awarding grants for natural family planning under section 104 of the
Foreign Assistance Act of 1961 no applicant shall be discriminated
against because of such applicant's religious or conscientious
commitment to offer only natural family planning; and, additionally,
all such applicants shall comply with the requirements of the previous
proviso: Provided further, That for purposes of this or any other Act
authorizing or appropriating funds for the Department of State, foreign
operations, and related programs, the term ``motivate'', as it relates
to family planning assistance, shall not be construed to prohibit the
provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits and
failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,542,860,000, to remain
available until September 30, 2014, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That up to 5 percent of the aggregate
amount of funds made available to the Global Fund in fiscal year 2013
may be made available to USAID for technical assistance related to the
activities of the Global Fund: Provided further, That of the funds
appropriated under this paragraph, up to $14,250,000 may be made
available, in addition to amounts otherwise available for such
purposes, for administrative expenses of the Office of the United
States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I
of the Foreign Assistance Act of 1961, $2,519,950,000, to remain
available until September 30, 2014: Provided, That relevant bureaus and
offices of the United States Agency for International Development
(USAID) that support cross-cutting development programs shall
coordinate such programs on a regular basis: Provided further, That of
the funds appropriated under this heading, not less than $23,000,000
shall be made available for the American Schools and Hospitals Abroad
program, and not less than $10,000,000 shall be made available for
USAID cooperative development programs.
international disaster assistance
For necessary expenses to carry out the provisions of section 491
of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $772,602,000, to
remain available until expended.
transition initiatives
For necessary expenses for international disaster rehabilitation
and reconstruction assistance pursuant to section 491 of the Foreign
Assistance Act of 1961, $50,141,000, to remain available until
expended, to support transition to democracy and to long-term
development of countries in crisis: Provided, That such support may
include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster
the peaceful resolution of conflict: Provided further, That the United
States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a
new program of assistance: Provided further, That if the Secretary of
State determines that it is important to the national interests of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$40,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act: Provided, That funds provided
under this paragraph and funds provided as a gift pursuant to section
635(d) of the Foreign Assistance Act of 1961 shall be made available
only for micro and small enterprise programs, urban programs, and other
programs which further the purposes of part I of such Act: Provided
further, That such costs, including the cost of modifying such direct
and guaranteed loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts, and
funds used for such costs shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
the provisions of section 107A(d) (relating to general provisions
applicable to the Development Credit Authority) of the Foreign
Assistance Act of 1961, as contained in section 306 of H.R. 1486 as
reported by the House Committee on International Relations on May 9,
1997, shall be applicable to direct loans and loan guarantees provided
under this heading, except that the principal amount of loans made or
guaranteed under this heading with respect to any single country shall
not exceed $300,000,000: Provided further, That these funds are
available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,200,000, which may be transferred to, and merged with,
funds made available under the heading ``Operating Expenses'' in title
II of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2015.
economic support fund
(including transfer of funds)
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $2,916,719,000, to
remain available until September 30, 2014: Provided, That of the funds
appropriated under this heading, $250,000,000 shall be available for
assistance for Egypt, including not less than $35,000,000 for education
programs of which not less than $10,000,000 is for scholarships at not-
for-profit institutions for Egyptian students with high financial need:
Provided further, That of the funds appropriated under this heading,
not less than $360,000,000 shall be available for assistance for
Jordan: Provided further, That $12,000,000 of the funds made available
for assistance for Lebanon under this heading shall be for scholarships
at not-for-profit institutions for students in Lebanon with high
financial need: Provided further, That of the funds appropriated under
this heading, not less than $155,000,000 shall be apportioned directly
to the United States Agency for International Development for
alternative development/institution building programs in Colombia:
Provided further, That of the funds appropriated under this heading
that are available for assistance for Colombia, not less than
$7,000,000 shall be transferred to, and merged with, funds appropriated
under the heading ``Migration and Refugee Assistance'' and shall be
made available only for assistance to nongovernmental and international
organizations that provide assistance to Colombian refugees in
neighboring countries: Provided further, That of the funds made
available under this heading, $20,000,000 shall be transferred to, and
merged with, funds available under the heading ``National Endowment for
Democracy'' to promote democracy and strengthen civil society in Cuba:
Provided further, That funds appropriated under this heading may be
made available, notwithstanding any other provision of law, for
assistance and related programs for the countries identified in section
3(c) of the Support for East European Democracy (SEED) Act of 1989
(Public Law 101-179) and section 3 of the FREEDOM Support Act (Public
Law 102-511) and may be used to carry out the provisions of those Acts.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$119,770,000, to remain available until September 30, 2014, of which
$70,500,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights and Labor, Department of
State, and $49,270,000 shall be made available for the Office of
Democracy and Governance of the Bureau for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for International
Development.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $1,454,400,000, to remain available until expended, of which
$15,000,000 shall be made available for refugees resettling in Israel,
and not less than $35,000,000 shall be made available to respond to
small-scale emergency humanitarian requirements.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $47,000,000, to remain available until expended.
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501-2523), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $375,000,000, of which $5,150,000 is
for the Office of Inspector General, to remain available until
September 30, 2014: Provided, That the Director of the Peace Corps may
transfer to the Foreign Currency Fluctuations Account, as authorized by
22 U.S.C. 2515, an amount not to exceed $5,000,000: Provided further,
That funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under this
heading, not to exceed $4,000 may be made available for entertainment
expenses: Provided further, That any decision to open, close,
significantly reduce, or suspend a domestic or overseas office or
country program shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations,
except that prior consultation and regular notification procedures may
be waived when there is a substantial security risk to volunteers or
other Peace Corps personnel, pursuant to section 7015(e) of this Act:
Provided further, That none of the funds appropriated under this
heading shall be used to pay for abortions.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003, $898,200,000 to remain available
until expended: Provided, That of the funds appropriated under this
heading, up to $105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation (the Corporation):
Provided further, That up to 5 percent of the funds appropriated under
this heading may be made available to carry out the purposes of section
616 of the Millennium Challenge Act of 2003 for fiscal year 2013:
Provided further, That section 605(e) of the Millennium Challenge Act
of 2003 shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into pursuant to
section 609 of the Millennium Challenge Act of 2003 only if such
Compact obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the
Compact to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further,
That the Chief Executive Officer of the Corporation shall notify the
Committees on Appropriations not later than 15 days prior to signing
any new country compact or new threshold country program; terminating
or suspending any country compact or threshold country program; or
commencing negotiations for any new compact or threshold country
program: Provided further, That any funds that are deobligated from a
Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations prior to
re-obligation: Provided further, That notwithstanding section 606(a)(2)
of the Millennium Challenge Act of 2003, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year
if the country has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal year and is
among the 75 lowest per capita income countries as identified by the
World Bank; and the country meets the requirements of section
606(a)(1)(B) of the Millennium Challenge Act of 2003: Provided further,
That notwithstanding section 606(b)(1) of the Millennium Challenge Act
of 2003, in addition to countries described in the preceding proviso, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country
threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the Millennium Challenge
Act of 2003: Provided further, That any Millennium Challenge
Corporation candidate country under section 606 of the Millennium
Challenge Act of 2003 with a per capita income that changes in the
fiscal year such that the country would be reclassified from a low
income country to a lower middle income country or from a lower middle
income country to a low income country shall retain its candidacy
status in its former income classification for the fiscal year and the
two subsequent fiscal years: Provided further, That of the funds
appropriated under this heading, not to exceed $100,000 may be
available for representation and entertainment allowances, of which not
to exceed $5,000 may be available for entertainment allowances.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $18,100,000, to remain available
until September 30, 2014: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
entertainment and representation allowances.
african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$24,000,000, to remain available until September 30, 2014: Provided,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the African Development Foundation (Foundation): Provided
further, That interest earned shall be used only for the purposes for
which the grant was made: Provided further, That notwithstanding
section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the Foundation may
waive the $250,000 limitation contained in that section with respect to
a project and a project may exceed the limitation by up to 10 percent
if the increase is due solely to foreign currency fluctuation: Provided
further, That the Foundation shall provide a report to the Committees
on Appropriations after each time such waiver authority is exercised.
Department of Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129
of the Foreign Assistance Act of 1961, $25,448,000, to remain available
until September 30, 2015, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,061,100,000 to remain available until
September 30, 2014: Provided, That during fiscal year 2013, the
Department of State may also use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to
receive excess property from an agency of the United States Government
for the purpose of providing it to a foreign country or international
organization under chapter 8 of part I of that Act subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That the Secretary of State shall provide to the
Committees on Appropriations not later than 45 days after the date of
enactment of this Act and prior to the initial obligation of funds
appropriated under this heading, a report on the proposed uses of all
funds under this heading on a country-by-country basis for each
proposed program, project, or activity: Provided further, That section
482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading: Provided further, That assistance
provided with funds appropriated under this heading that is made
available notwithstanding section 482(b) of the Foreign Assistance Act
of 1961 shall be made available subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
none of the funds appropriated under this heading shall be made
available for assistance for the Bolivian military and police unless
the Secretary of State determines and reports to the Committees on
Appropriations that such funds are in the national security interest of
the United States: Provided further, That the reporting requirements
contained in section 1404 of Public Law 110-252 shall apply to funds
made available by this Act, including a description of modifications,
if any, to the security strategy of the Palestinian Authority.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $590,113,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance
Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
section 23 of the Arms Export Control Act or the Foreign Assistance Act
of 1961 for demining activities, the clearance of unexploded ordnance,
the destruction of small arms, and related activities, notwithstanding
any other provision of law, including activities implemented through
nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States
contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
Commission: Provided, That of the funds made available under this
heading, not to exceed $30,000,000, to remain available until expended,
may be made available for the Nonproliferation and Disarmament Fund,
notwithstanding any other provision of law and subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons
destruction: Provided further, That such funds may also be used for
such countries other than the Independent States of the former Soviet
Union and international organizations when it is in the national
security interest of the United States to do so: Provided further, That
funds appropriated under this heading may be made available for the
IAEA only if the Secretary of State determines and so reports to the
Congress that the Government of Israel is not being denied its right to
participate in the activities of that Agency: Provided further, That of
the funds made available for conventional weapons destruction and
related activities, not to exceed $700,000, in addition to funds
otherwise available for such purposes, may be used for administrative
expenses related to the operation and management of the conventional
weapons destruction program: Provided further, That funds appropriated
under this heading that are available for ``Anti-terrorism Assistance''
and ``Export Control and Border Security'' shall remain available until
September 30, 2014.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $345,000,000: Provided, That of
the funds appropriated under this heading, not less than $26,000,000
shall be made available for a United States contribution to the
Multinational Force and Observers mission in the Sinai: Provided
further, That up to $92,000,000 may be used to pay assessed expenses of
international peacekeeping activities in Somalia and shall be available
until September 30, 2014: Provided further, That additional amounts may
be made available by transfer from ``Contributions for International
Peacekeeping Activities'' for the purposes described in the previous
proviso, subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, and shall
be available until September 30, 2014: Provided further, That funds
appropriated under this Act should not be used to support any military
training or operations that include child soldiers: Provided further,
That none of the funds appropriated under this heading shall be
obligated or expended except as provided through the regular
notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541
of the Foreign Assistance Act of 1961, $102,643,000, of which up to
$4,000,000 may remain available until September 30, 2014, and may only
be provided through the regular notification procedures of the
Committees on Appropriations: Provided, That the civilian personnel for
whom military education and training may be provided under this heading
may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights: Provided
further, That the Secretary of State shall provide to the Committees on
Appropriations, not later than 45 days after the enactment of this Act,
a report on the proposed uses of all program funds under this heading
on a country-by-country basis, including a detailed description of
proposed activities: Provided further, That of the funds appropriated
under this heading, not to exceed $55,000 may be available for
entertainment allowances.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$5,210,000,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants
only for Israel, and $1,300,000,000 shall be made available for grants
only for Egypt, including for border security programs and activities
in the Sinai: Provided further, That the funds appropriated under this
heading for assistance for Israel shall be disbursed within 30 days of
enactment of this Act: Provided further, That to the extent that the
Government of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading shall, as agreed by
the United States and Israel, be available for advanced weapons
systems, of which not less than $815,300,000 shall be available for the
procurement in Israel of defense articles and defense services,
including research and development: Provided further, That funds
appropriated under this heading estimated to be outlayed for Egypt
during fiscal year 2013 may be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York: Provided
further, That of the funds appropriated under this heading, not less
than $300,000,000 shall be made available for assistance for Jordan:
Provided further, That none of the funds made available under this
heading may be made available to support or continue any program
initially funded under the authority of section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456) unless the Secretary of State, in coordination with the
Secretary of Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds: Provided,
That all country and funding level increases in allocations shall be
submitted through the regular notification procedures of section 7015
of this Act: Provided further, That funds made available under this
heading may be used, notwithstanding any other provision of law, for
demining, the clearance of unexploded ordnance, and related activities,
and may include activities implemented through nongovernmental and
international organizations: Provided further, That only those
countries for which assistance was justified for the ``Foreign Military
Sales Financing Program'' in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made
available under this heading for procurement of defense articles,
defense services or design and construction services that are not sold
by the United States Government under the Arms Export Control Act:
Provided further, That funds appropriated under this heading shall be
expended at the minimum rate necessary to make timely payment for
defense articles and services: Provided further, That not more than
$62,800,000 of the funds appropriated under this heading may be
obligated for necessary expenses, including the purchase of passenger
motor vehicles for replacement only for use outside of the United
States, for the general costs of administering military assistance and
sales, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations:
Provided further, That of the funds appropriated under this heading for
general costs of administering military assistance and sales, not to
exceed $4,000 may be available for entertainment expenses and not to
exceed $130,000 may be available for representation allowances:
Provided further, That not more than $885,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be
obligated for expenses incurred by the Department of Defense during
fiscal year 2013 pursuant to section 43(b) of the Arms Export Control
Act, except that this limitation may be exceeded only through the
regular notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $276,500,000:
Provided, That none of the funds in this Act may be made available for
the Intergovernmental Panel on Climate Change/United Nations Framework
Convention on Climate Change: Provided further, That section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to contributions to
the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $64,700,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,325,000,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury, for the United States
share of the paid-in portion of the increases in capital stock,
$58,682,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the International Bank for
Reconstruction and Development may subscribe without fiscal year
limitation to the callable capital portion of the United States share
of increases in capital stock in an amount not to exceed $919,354,028.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $99,800,000, to remain available until
expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $51,010,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the Inter-American Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $2,049,397,417.
contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of increase
in capital stock, $53,293,000, to remain available until expended.
limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $1,279,024,385.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $100,000,000, to remain available
until expended.
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $16,209,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an amount
not to exceed $253,930,404.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $172,500,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $19,850,000, to remain available
until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $4,400,000, to remain available until September 30, 2014.
program account
The Export-Import Bank of the United States is authorized to make
such expenditures within the limits of funds and borrowing authority
available to such corporation, and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the
current fiscal year for such corporation: Provided, That none of the
funds available during the current fiscal year may be used to make
expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear Weapons eligible to receive economic or
military assistance under this Act, that has detonated a nuclear
explosive after the date of the enactment of this Act: Provided
further, That notwithstanding section 1(c) of Public Law 103-428, as
amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
effect through October 1, 2013.
subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-
aid grants as authorized by section 10 of the Export-Import Bank Act of
1945, as amended, not to exceed $38,000,000: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That such funds shall remain available until September 30, 2028, for
the disbursement of direct loans, loan guarantees, insurance and tied-
aid grants obligated in fiscal years 2013, 2014, 2015, and 2016:
Provided further, That none of the funds appropriated by this Act or
any prior Acts appropriating funds for the Department of State, foreign
operations, and related programs for tied-aid credits or grants may be
used for any other purpose except through the regular notification
procedures of the Committees on Appropriations.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
for official reception and representation expenses for members of the
Board of Directors, not to exceed $94,900,000: Provided, That the
Export-Import Bank may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical services in
connection with any transaction for which an application for a loan,
guarantee or insurance commitment has been made: Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement
Act of 1992, subsection (a) thereof shall remain in effect until
October 1, 2013: Provided further, That the Export-Import Bank shall
charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Export-
Import Bank, repossession or sale of pledged collateral or other assets
acquired by the Export-Import Bank in satisfaction of moneys owed the
Export-Import Bank, or the investigation or appraisal of any property,
or the evaluation of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, or systems infrastructure directly supporting
transactions: Provided further, That, in addition to other funds
appropriated for administrative expenses, such fees shall be credited
to this account, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in
an amount not to exceed the amount appropriated herein, shall be
credited as offsetting collections to this account: Provided, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as to result
in a final fiscal year appropriation from the General Fund estimated at
$0: Provided further, That amounts collected in fiscal year 2013 in
excess of obligations, up to $50,000,000, shall become available on
September 1, 2013, and shall remain available until September 30, 2016.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by 31 U.S.C.
9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available for administrative expenses to
carry out the credit and insurance programs (including an amount for
official reception and representation expenses which shall not exceed
$35,000) shall not exceed $54,990,000: Provided further, That project-
specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with
services provided to specific investors or potential investors pursuant
to section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $25,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2013, 2014, and 2015:
Provided further, That funds so obligated in fiscal year 2013 remain
available for disbursement through 2021; funds obligated in fiscal year
2014 remain available for disbursement through 2022; and funds
obligated in fiscal year 2015 remain available for disbursement through
2023: Provided further, That notwithstanding any other provision of
law, the Overseas Private Investment Corporation is authorized to
undertake any program authorized by title IV of chapter 2 of part I of
the Foreign Assistance Act of 1961 in Iraq: Provided further, That
funds made available pursuant to the authority of the previous proviso
shall be subject to the regular notification procedures of the
Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661
of the Foreign Assistance Act of 1961, $50,000,000, to remain available
until September 30, 2014: Provided, That of the funds appropriated
under this heading, not more than $4,000 may be available for
representation and entertainment allowances.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2013 or any previous fiscal year: Provided,
That the report required by this section should specify by account the
amount of funds obligated pursuant to bilateral agreements which have
not been further sub-obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued pursuant to existing law.
embassy construction
Sec. 7004. (a) Of funds provided under title I of this Act, except
as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not
provided to the Department of State the full amount of funding required
by subsection (e) of section 604 of the Secure Embassy Construction and
Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
of Public Law 106-113 and contained in appendix G of that Act; 113
Stat. 1501A-453), as amended by section 629 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005.
(b) Notwithstanding the prohibition in subsection (a), a project to
construct a diplomatic facility of the United States may include office
space or other accommodations for members of the United States Marine
Corps.
(c) For the purposes of calculating the fiscal year 2013 costs of
providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares in a manner
that is proportional to the Department of State's contribution for this
purpose.
(d) Funds appropriated by this Act, and any prior Act making
appropriations for the Department of State, foreign operations, and
related programs, which may be made available for the acquisition of
property for diplomatic facilities in Afghanistan, Pakistan, and Iraq,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
limitation on the new london embassy
Sec. 7006. (a) Limitation.--None of the funds appropriated under
the heading ``Embassy Security, Construction, and Maintenance'' in this
Act and in prior Acts making appropriations for the Department of
State, foreign operations, and related programs, made available through
Federal agency Capital Security Cost Sharing contributions and
reimbursements, or generated from the proceeds of real property sales,
other than from real property sales located in London, United Kingdom,
may be made available for site acquisition and mitigation, planning,
design, or construction of the New London Embassy.
(b) Reporting Requirement.--Within 60 days of enactment of this Act
and every 6 months thereafter until completion of the New London
Embassy, the Secretary of State shall submit to the Committees on
Appropriations a report on the project: Provided, That such report
shall include revenue and cost projections, cost containment efforts,
project schedule and actual project status, the impact of currency
exchange rate fluctuations on project revenue and costs, and options
for modifying the scope of the project in the event that proceeds of
real property sales in London fall below the total cost of the project.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the Governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to such
government if the President determines and certifies to the Committees
on Appropriations that subsequent to the termination of assistance a
democratically elected government has taken office: Provided further,
That the provisions of this section shall not apply to assistance to
promote democratic elections or public participation in democratic
processes: Provided further, That funds made available pursuant to the
previous provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
transfer authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10
percent by any such transfers.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be transferred
between such appropriations, but no such appropriation, except
as otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers.
(3) Any transfer pursuant to this section shall be treated
as a reprogramming of funds under subsections (a) and (b) of
section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section.
(b) Export Financing Transfer Authorities.--Not to exceed 5 percent
of any appropriation other than for administrative expenses made
available for fiscal year 2013, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', and ``Economic Support
Fund'' shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That the
requirement in the previous sentence shall not apply to
agreements entered into between USAID and the Department of
State.
(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which such funds were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the Department of State or USAID and another
agency of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial audits of
the use of such funds: Provided, That such audits shall be transmitted
to the Committees on Appropriations: Provided further, That funds
transferred under such authority may be made available for the cost of
such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2013, and for each fiscal
quarter, a report in writing on the uses of funds made available under
the headings ``Foreign Military Financing Program'', ``International
Military Education and Training'', ``Peacekeeping Operations'', and
``Pakistan Counterinsurgency Capability Fund'' in this Act, or prior
acts making appropriations for the Department of State, foreign
operations, and related programs: Provided, That such report shall
include a description of the obligation and expenditure of funds, and
the specific country in receipt of, and the use or purpose of the
assistance provided by such funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act: Provided,
That funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the heading ``Development Credit Authority'',
shall remain available for an additional 4 years from the date on which
the availability of such funds would otherwise have expired, if such
funds are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
notwithstanding any other provision of this Act, any funds made
available for the purposes of chapter 1 of part I and chapter 4 of part
II of the Foreign Assistance Act of 1961 which are allocated or
obligated for cash disbursements in order to address balance of
payments or economic policy reform objectives, shall remain available
for an additional 4 years from the date on which the availability of
such funds would otherwise have expired, if such funds are initially
allocated or obligated before the expiration of their respective
periods of availability contained in this Act: Provided further, That
the Secretary of State shall provide a report to the Committees on
Appropriations at the beginning of each fiscal year, detailing by
account and source year, the use of this authority during the previous
fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of one calendar year in payment to the United States of principal or
interest on any loan made to the government of such country by the
United States pursuant to a program for which funds are appropriated
under this Act unless the President determines, following consultations
with the Committees on Appropriations, that assistance for such country
is in the national interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
percent of the total taxes assessed during fiscal year 2013 on funds
appropriated by this Act by a foreign government or entity against
commodities financed under United States assistance programs for which
funds are appropriated by this Act, either directly or through
grantees, contractors, and subcontractors shall be withheld from
obligation from funds appropriated for assistance for fiscal year 2014
and allocated for the central government of such country and for the
West Bank and Gaza program to the extent that the Secretary of State
certifies and reports in writing to the Committees on Appropriations
that such taxes have not been reimbursed to the Government of the
United States.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for
each country or entity pursuant to subsection (b) shall be reprogrammed
for assistance to countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes.
(e) Determinations.--
(1) The provisions of this section shall not apply to any
country or entity the Secretary of State determines--
(A) does not assess taxes on United States
assistance or which has an effective arrangement that
is providing substantial reimbursement of such taxes;
or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) The Secretary of State shall consult with the
Committees on Appropriations at least 15 days prior to
exercising the authority of this subsection with regard to any
country or entity.
(f) Implementation.--The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) Definitions.--As used in this section--
(1) the terms ``taxes'' and ``taxation'' refer to value
added taxes and customs duties imposed on commodities financed
with United States assistance for programs for which funds are
appropriated by this Act; and
(2) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance that
describes the privileges and immunities applicable to United
States foreign assistance for such country generally, or an
individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement.
(h) Report.--The Secretary of State shall submit a report to the
Committees on Appropriations not later than 90 days after the enactment
of this Act detailing steps taken by the Department of State to comply
with the requirements provided in subsections (a) and (f).
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of
this Act which are specifically designated may be reprogrammed for
other programs within the same account notwithstanding the designation
if compliance with the designation is made impossible by operation of
any provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated by this Act and
administered by the United States Agency for International Development
(USAID) that are specifically designated for particular programs or
activities by this or any other Act shall be extended for an additional
fiscal year if the USAID Administrator determines and reports promptly
to the Committees on Appropriations that the termination of assistance
to a country or a significant change in circumstances makes it unlikely
that such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue to
be available for an additional fiscal year shall be obligated only for
the purpose of such designation.
(c) Ceilings and specifically designated funding levels contained
in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) None of the funds made available in title I of this
Act, or in prior appropriations Acts to the agencies and departments
funded by this Act that remain available for obligation or expenditure
in fiscal year 2013, or provided from any accounts in the Treasury of
the United States derived by the collection of fees or of currency
reflows or other offsetting collections, or made available by transfer,
to the agencies and departments funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, reorganizes, or renames bureaus, centers, or
offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds: Provided, That unless previously
justified to the Committees on Appropriations, the requirements of this
subsection shall apply to all obligations of funds appropriated under
title I of this Act for paragraphs (5) and (6) of this subsection.
(b) None of the funds provided under title I of this Act, or
provided under previous appropriations Acts to the agency or department
funded under title I of this Act that remain available for obligation
or expenditure in fiscal year 2013, or provided from any accounts in
the Treasury of the United States derived by the collection of fees
available to the agency or department funded under title I of this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations are notified
15 days in advance of such reprogramming of funds.
(c) None of the funds made available under titles II through VI and
VIII in this Act under the headings ``Global Health Programs'',
``Development Assistance'', ``International Organizations and
Programs'', ``Trade and Development Agency'', ``International Narcotics
Control and Law Enforcement'', ``Economic Support Fund'', ``Democracy
Fund'', ``Peacekeeping Operations'', ``Capital Investment Fund'',
``Operating Expenses'', ``Conflict Stabilization Operations'', ``Office
of Inspector General'', ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'', ``Millennium Challenge Corporation'', ``Foreign
Military Financing Program'', ``International Military Education and
Training'', and ``Peace Corps'', shall be available for obligation for
activities, programs, projects, type of materiel assistance, countries,
or other operations not justified or in excess of the amount justified
to the Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations are notified
15 days in advance: Provided, That the President shall not enter into
any commitment of funds appropriated 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 defense
items defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent 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 requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles II through VI of this Act of less than 10 percent of the
amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year: Provided
further, That any notification submitted pursuant to this subsection
shall identify when funds are being provided notwithstanding any other
provision of law and include justification.
(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 transferred 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 Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163), shall be subject to the regular notification
procedures 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 Appropriations, may be waived if failure to do so
would pose a substantial risk to human health or welfare: Provided,
That in case of any such waiver, notification to the Committees on
Appropriations shall be provided as early as practicable, but in no
event later than 3 days after taking the action to which such
notification requirement was applicable, 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 expended for assistance for
Serbia, Sudan, South Sudan, Zimbabwe, Afghanistan, Iraq, Pakistan,
Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Lebanon, Egypt, Honduras,
Burma, Yemen, Kazakhstan, Uzbekistan, the Russian Federation, Somalia,
Sri Lanka, Syria, or Cambodia except as provided through the regular
notification procedures 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 Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the 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 receive such excess defense articles: Provided further, That
such Committees shall also be informed of the original acquisition cost
of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated 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 returned or not made available for organizations and programs
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 September 30, 2014.
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 abortions 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 Assistance 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 sterilizations.
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 report accompanying this Act.
(b) For the purposes of implementing this section and only with
respect to the tables included in the report accompanying this Act, the
Secretary of State, the Administrator of the United States Agency for
International Development, and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced in
subsection (a), subject to the regular notification procedures of the
Committees on Appropriations.
prohibition of payment of certain expenses
Sec. 7020. None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', and ``Economic Support Fund''
may be obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including 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 Exports.--
(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 determined supports international terrorism for
purposes 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
lethal 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 if the President
determines that to do so is important to the national interests
of the United States.
(3) Whenever the President makes a determination pursuant
to paragraph (2), the President shall submit to the Committees
on Appropriations a report with respect to the furnishing of
such assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any
such title in prior acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) The President may waive the application of paragraph
(1) to a government if the President determines that national
security or humanitarian reasons justify such waiver: Provided,
That the President shall publish each such waiver in the
Federal Register and, at least 15 days before the waiver takes
effect, shall notify the Committees on Appropriations of the
waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VII of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include 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 within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to the Congress; or
(2) allocated by the executive branch in accordance 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 Foreign 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 contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, 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 Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production 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 productive 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 Export-Import Bank if in the
judgment of its Board of Directors 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 commodity,
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 assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the President determines is
recovering from widespread conflict, a humanitarian 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 introduction, 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 produced 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 agricultural commodities of
the United States;
(2) research activities intended primarily to benefit
American producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) activities in a country the President determines is
recovering from widespread conflict, a humanitarian 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 International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Inter-
American Investment Corporation, the North American Development Bank,
the European Bank for Reconstruction and Development, the African
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 substantial 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 deposited in a
separate account established by that government;
(B) enter into an agreement with that government
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 government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out 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), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(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 programs.--Upon termination
of assistance to a country 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 established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(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 subsection
(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 government of a
foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account 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 inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
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 subsection (b)(1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental 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: 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 Appropriations 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 involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2013, restrictions
contained in this or any other Act with respect to assistance for a
country shall not be construed to restrict assistance under the
Agricultural Trade Development 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 regular notification procedures
of the Committees on Appropriations.
(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 support 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 country that violates
internationally recognized human rights.
impact on jobs in the united states
Sec. 7028. None of the funds appropriated under titles III through
VI of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally 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, micro and small-scale
enterprise, and smallholder agriculture; or
(3) any technical assistance or training to an entity
outside the United States if such assistance or training would
have the purpose of outsourcing jobs from the United States and
adversely impacting the domestic labor force.
international financial institutions
Sec. 7029. (a) None of the funds appropriated under title V of this
Act may be made as payment to any international financial institution
while the United States executive director to such institution is
compensated by the institution at a rate which, together with whatever
compensation 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 institution 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 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 maintenance 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.
(c) For the purposes of this Act, ``international financial
institutions'' shall mean the International Bank for Reconstruction and
Development, the International Development Association, the
International Finance Corporation, the Inter-American Development Bank,
the International Monetary Fund, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation, the North
American Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank and the African Development
Fund.
debt-for-development
Sec. 7030. In order to enhance the continued participation of
nongovernmental organizations in debt-for-development and debt-for-
nature exchanges, a nongovernmental organization which is a grantee or
contractor of the United States Agency for International Development
may place in interest bearing accounts local currencies which accrue to
that organization as a result of economic assistance provided under
title III of this Act and, subject to the regular notification
procedures of the Committees on Appropriations, any interest earned on
such investment shall be used for the purpose for which the assistance
was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) None of the funds made available by this Act may be
used for direct Government-to-Government assistance unless the
Secretary of State certifies to the Committees on
Appropriations that--
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency
or ministry have been addressed; and
(i) the recipient agency or ministry
employs and utilizes staff with the necessary
technical, financial, and management
capabilities;
(ii) the recipient agency or ministry has
adopted competitive procurement policies and
systems;
(iii) effective monitoring and evaluation
systems are in place to ensure that such
assistance is used for its intended purposes;
and
(iv) no level of acceptable fraud is
assumed.
(B) the Government of the United States and the
government of the recipient country have agreed, in
writing--
(i) on clear and achievable objectives for
the use of such assistance;
(ii) that such assistance should be made on
a cost-reimbursable basis; and
(iii) that the government of the recipient
country will publicly disclose on an annual
basis its national budget, to include income
and expenditures.
(C) the recipient country has demonstrated a
commitment to democracy and democratic principles.
(D) the recipient agency or ministry is not headed
or controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) In addition to the requirements in subsection (a), no
funds may be made available for such assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided further, That the
requirements of this paragraph shall only apply to direct
Government-to-Government assistance in excess of $10,000,000
and all funds available for cash transfer, budget support, and
cash payments to individuals.
(3) The USAID Administrator or the Secretary of State, as
appropriate, shall suspend any such assistance if the
Administrator or the Secretary has credible information of
material misuse of such assistance, unless the Administrator or
the Secretary determines and reports to the Committees on
Appropriations that it is in the national interest of the
United States to continue such assistance.
(4) None of the funds made available in this Act may be
used to pay the United Nations dues or assessments for any
foreign country or for debt service payments owed by any
country to any international financial institution: Provided,
That for purposes of this subsection, the term ``international
financial institution'' has the meaning given the term in
section 7029(c) of this Act.
(5) Not later than 90 days after the enactment of this Act
and 6 months thereafter, the USAID Administrator shall submit
to the Committees on Appropriations a report that--
(A) details all assistance described in subsection
(a) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
cost-reimbursable basis.
(6) The USAID Administrator shall submit to the Committees
on Appropriations, concurrent with the fiscal year 2014
Congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country, proposed
funding amount, source of funds, and type of assistance.
(b) National Budget and Contract Transparency.--
(1) Limitation on funding.--None of the funds appropriated
under titles III and IV of this Act may be made available to
the central government of any country that does not meet
minimum standards of fiscal transparency: Provided, That the
Secretary of State shall develop ``minimum standards of fiscal
transparency'' to be updated and strengthened, as appropriate,
to reflect best practices: Provided further, That the Secretary
shall make an annual determination of ``progress'' or ``no
progress'' for countries that do not meet minimum standards of
fiscal transparency and make those determinations publicly
available in an annual ``Fiscal Transparency Report''.
(2) Minimum standards of fiscal transparency.--For purposes
of paragraph (1), ``minimum standards of fiscal transparency''
shall include standards for the public disclosure of budget
documentation, including receipts and expenditures by ministry,
and government contracts and licenses for natural resource
extraction, to include bidding and concession allocation
practices.
(3) Waiver.--The Secretary of State may waive the
limitation on funding in paragraph (1) on a country-by-country
basis if the Secretary reports to the Committees on
Appropriations that the waiver is important to the national
interest of the United States: Provided, That such waiver shall
identify any steps taken by the government of the country to
publicly disclose its national budget and contracts which are
additional to those which were undertaken in previous fiscal
years, include specific recommendations of short- and long-term
steps such government can take to improve budget transparency,
and identify benchmarks for measuring progress.
(4) Assistance.--Of the funds appropriated under title III
of this Act, not less than $5,000,000 should be made available
for programs and activities to assist the central governments
of countries named in the list required by paragraph (1) to
improve budget transparency or to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise made available for such purposes.
(c) Anti-kleptocracy.--
(1) Officials of foreign governments and their immediate
family members who the Secretary of State has credible
information have been involved in significant corruption,
including corruption related to the extraction of natural
resources, shall be ineligible for entry into the United
States.
(2) Individuals shall not be ineligible if entry into the
United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in this
paragraph shall be construed to derogate from United States
Government obligations under applicable international
agreements.
(3) The Secretary of State may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed
sufficiently.
(4) Not later than 90 days after enactment of this Act and
180 days thereafter, the Secretary of State shall submit a
report, in classified form if necessary, to the Committees on
Appropriations describing the information regarding corruption
concerning each of the individuals found ineligible pursuant to
paragraph (1), a list of any waivers provided under paragraph
(3), and the justification for each waiver.
promotion of democracy
Sec. 7032. (a)(1) Of the funds appropriated in this Act, not less
than $2,839,000,000 should be made available for the promotion of
democracy as defined in paragraph (3).
(2) Funds made available by this Act that are made
available for the promotion of democracy may be made available
notwithstanding any other provision of law, and with regard to
the National Endowment for Democracy, any regulation.
(3) For the purposes of funds appropriated by this Act, the
term ``promotion of democracy'' means programs that support
good governance, human rights, independent media, and the rule
of law, and otherwise strengthen the capacity of democratic
political parties, governments, nongovernmental organizations
and institutions, and citizens to support the development of
democratic states, institutions, and practices that are
responsive and accountable to citizens.
(4) With respect to the provision of assistance for
democracy, human rights, and governance activities in this Act,
the organizations implementing such assistance and the specific
nature of that assistance shall not be subject to the prior
approval by the government of any foreign country: Provided,
That the Secretary of State, in coordination with the
Administrator of the United States Agency for International
Development (USAID), shall report to the Committees on
Appropriations, not later than 120 days after enactment of this
Act, detailing steps taken by the Department of State and USAID
to comply with the requirements of this subsection.
(5) With respect to the provision of assistance to build
institutional capacity of a government, assistance should only
be available if such government is sincere in the pursuit of
democracy.
(6) Funds appropriated by this Act that are made available
to promote democracy and human rights shall also be made
available to support freedom of religion, especially in the
Middle East and North Africa.
(b) None of the funds appropriated or otherwise made available by
title III of this Act may be obligated for direct Government-to-
Government assistance if such assistance is to a government that is
actively and significantly interfering with the operation of civil
society organizations.
multi-year commitments
Sec. 7033. None of the funds appropriated by this Act may be used
to make a future year funding pledge for any multilateral or bilateral
program funded in titles III through VI of this Act unless such pledge
was--
(1) previously justified in a congressional budget
justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, and displaced
Burmese, and to assist victims of trafficking in persons and, subject
to the regular notification procedures of the Committees on
Appropriations, to combat such trafficking, may be made available
notwithstanding any other provision of law.
(b) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(c) World Food Program.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development (USAID), from this or any other Act, may be
made available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(d) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', and ``Transition Initiatives''
may be made available to support programs to disarm, demobilize, and
reintegrate into civilian society former members of foreign terrorist
organizations: Provided, That the Secretary of State shall consult with
the Committees on Appropriations prior to the obligation of funds
pursuant to this subsection: Provided further, That for the purposes of
this subsection the term ``foreign terrorist organization'' means an
organization designated as a terrorist organization under section 219
of the Immigration and Nationality Act.
(e) Research and Training.--Funds appropriated by this Act under
the heading ``Economic Support Fund'' may be made available to carry
out the Program for Research and Training on Eastern Europe and the
Independent States of the Former Soviet Union (title VIII) as
authorized by the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501-4508).
(f) Partner Vetting.--Funds appropriated in this Act or any prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be used by the Secretary of
State and the Administrator of the United States Agency for
International Development (USAID), as appropriate, to support the
continued implementation of the Partner Vetting System (PVS) pilot
program: Provided, That the Secretary of State and the Administrator of
USAID shall jointly submit a report to the Committees on
Appropriations, not later than 30 days after completion of the pilot
program, on the estimated timeline and criteria for evaluating the PVS
for expansion: Provided further, That such report shall include a
description of consultations with governmental and nongovernmental
stakeholders affected by the pilot program, concerns raised during such
consultations, and any changes USAID and the Department of State plan
to make in response to such concerns: Provided further, That such
report may be delivered in classified form, if necessary.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel;
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2013, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing or
otherwise honoring individuals who commit, or have committed
acts of terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and Gaza
and reports on the extent of Palestinian compliance with such
benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds for
the bilateral West Bank and Gaza Program, including all funds provided
as cash transfer assistance, in fiscal year 2013 under the heading
``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and
activities carried out under such Program, including both
obligations and expenditures.
(f) Funds made available in this Act for West Bank and Gaza shall
be subject to the regular notification procedures of the Committees on
Appropriations.
(g) Not later than 180 days after enactment of this Act, the
Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of Public Law 109-13.
(h) Prior to the obligation of any assistance appropriated in title
III of this Act for the West Bank and Gaza, the Secretary of State
shall certify and report to the Committees on Appropriations that--
(1) such assistance is--
(A) advancing Middle East peace;
(B) improving security in the region; or
(C) supporting critical and immediate humanitarian
needs; and
(2) the Palestinian Authority is moving to halt anti-Israel
incitement and is engaged in activities aimed at promoting
peace and coexistence with Israel.
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) 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.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member or that results from an agreement with Hamas.
(2) Notwithstanding the limitation of subsection (1),
assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its
ministers or such equivalent, has publicly accepted and is
complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446)
with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2) is
exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the
certification and every quarter thereafter on whether such
government, including all of its ministers or such equivalent
are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of
1961, as amended: Provided, That the report shall also detail
the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the
Palestine Liberation Organization.
limitations
Sec. 7041. (a) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority if the Palestinians obtain,
after the date of enactment of this Act, the same standing as member
states or full membership as a state in the United Nations or any
specialized agency thereof outside an agreement negotiated between
Israel and the Palestinians.
(b)(1) The President may waive the provisions of 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 not, after the date of enactment of this Act,
obtained in the United Nations or any specialized agency thereof the
same standing as member states or full membership as a state outside an
agreement negotiated between Israel and the Palestinians.
(2) Not less than 90 days after the President is unable to
make the certification pursuant to subsection (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 meaningful
negotiations with Israel: Provided, That any waiver of the
provisions of section 1003 of Public Law 100-204 under
paragraph (1) of this subsection or under previous provisions
of law must expire 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 titles 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
of Egypt unless the Secretary of State certifies to the
Committees on Appropriations that such government is meeting
its obligations under the 1979 Egypt-Israel Peace Treaty.
(B) Prior to the obligation of funds appropriated
by this Act under the headings ``Economic Support
Fund'' and ``Foreign Military Financing Program'' for
assistance for the central Government of Egypt, the
Secretary of State shall certify to the Committees on
Appropriations that the Government of Egypt--
(i) has completed the transition to
civilian government, including holding free and
fair elections; and
(ii) is implementing policies to protect
freedom of expression, association, and
religion, 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 include a detailed
justification for such waiver: Provided further, That
the Secretary of State shall consult with the
Committees on Appropriations 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 efforts to halt Iran's uranium
enrichment program, and the President should fully implement
and enforce the Iran Sanctions Act of 1996, as amended (Public
Law 104-172) as a means of encouraging foreign governments to
require state-owned and private entities to cease all
investment in, and support of, Iran's energy sector and all
exports of refined petroleum products to Iran.
(2) None of the funds appropriated or otherwise made
available in this Act under the heading ``Export-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, guarantees, other credits, insurance, and reinsurance)
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 entities to the maximum extent practicable,
and in accordance with the cost-matching and other requirements
in the Department of State's April 9, 2009, ``Guidelines for
Government of Iraq Financial Participation in United States
Government-Funded Civilian Foreign Assistance Programs and
Projects''.
(2) None of the funds appropriated or otherwise made
available by this Act may be used by the Government of the
United States to enter into a permanent basing rights agreement
between the United States and Iraq.
(3)(A) Amounts obligated from funds appropriated for fiscal
year 2013 by this Act for security assistance for Iraq shall
not exceed the amounts obligated for security assistance for
Iraq in fiscal year 2012 until the Secretary of State certifies
and reports 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 assistance.
(B) The report required under subparagraph (A)
shall include a description of the actions 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 Program'' may be made
available for assistance for Lebanon unless the Secretary of
State certifies and reports to the Committees on Appropriations
that--
(A) the Lebanese Armed Forces (LAF) is not headed,
controlled by, or closely collaborating with Hezbollah
or any other foreign terrorist organization designated
pursuant to section 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 Security
Council Resolution 1701.
(2) If the Secretary of State makes the certification
contained in paragraph (1), funds may not be made available for
obligation until a detailed spend plan is submitted to the
Committees on Appropriations, except such plan may not be
considered as meeting the notification requirements under
section 7015 of this Act or under section 634A of the Foreign
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
further, That the Secretary of State shall regularly consult
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 Appropriations--
(A) that such funds shall only be made available to
support programs that promote democracy, transparent
and accountable governance, human rights, transitional
justice, and the rule of law;
(B) that such funds shall be made available, 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 Financing Program'' may be
made available to Libya unless the notification required by
section 7015 of this Act contains a detailed justification and
the vetting procedures in place for all such assistance.
(f) Yemen.--None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' 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 organization,
designated pursuant to section 219 of the Immigration and
Nationality Act; and
(2) are cooperating with the United States on
counterterrorism efforts against Al Qaeda and other terrorist
organizations.
africa
Sec. 7043. (a) Natural Resource Transparency.--Funds appropriated
by this Act that are available 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 promote and
support transparency and accountability in relation to the extraction
of timber, oil and gas, cacao, and other natural resources, including
by strengthening implementation and monitoring of the Extractive
Industries Transparency Initiative and the Kimberley Process
Certification 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--
(i) a detailed report on whether the Nigerian organization
named ``People Committed to the Propagation of the Prophet's
Teachings and Jihad'' (commonly known as ``Boko Haram''), meets
the criteria for designation as a foreign terrorist
organization 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 Secretary shall submit a
report with a detailed justification 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 classified annex if appropriate.
(C) In this paragraph, the term ``appropriate congressional
committees'' means--
(i) the Committee on Appropriations, the Committee 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 Committee on
Homeland Security and Governmental Affairs, the Committee on
Armed Services, the Committee on Foreign Relations, and the
Select Committee 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 Peace Agreement
(CPA), mutual arrangements related to post-referendum
issues associated with the CPA, or any other
internationally recognized 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, including to increase
agricultural productivity, expand educational opportunities
especially for girls, strengthen democratic institutions and
the rule of law, and enhance the capacity of the Federal
Legislative Assembly to conduct oversight over government
revenues and expenditures.
(2) Not less than 15 days prior to the obligation of funds
appropriated by this Act that are available 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, including 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 Government of South
Sudan to ensure transparency and accountability of funds,
including revenues from the extraction of oil and gas, and the
timely, public disclosure 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 additional to
those taken in the previous fiscal year, to improve resource
management and ensure transparency and accountability of funds.
(e) Lord's Resistance Army.--Funds appropriated 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 Recovery 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 International Development, shall submit a report to the Committees
on Appropriations detailing progress toward implementation of the
Administration's counter-LRA strategy and the policy objectives
included in Public Law 111-172: Provided further, That such report
shall include the amounts and description of United States assistance
provided 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 responsible 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 government 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
reports 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
Assistance 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 Nations Security Council to
fully support efforts by the ICTR and the SCSL to bring to
justice individuals indicted by such tribunals in a timely
manner.
(3) The prohibition in paragraph (2) may be waived on a
country-by-country basis if the President determines that doing
so is in the national security interest of the United States:
Provided, That prior to exercising such waiver authority, the
President shall submit a report to the Committees on
Appropriations, in classified form if necessary, on--
(A) the steps being taken to obtain the cooperation
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 international financial
institution to vote against any extension by the respective
institution of any loans or grants to the Government of
Zimbabwe, except to meet basic human needs or to promote
democracy, unless the Secretary of State determines and reports
in writing to the Committees on Appropriations that the rule of
law has been restored in Zimbabwe, including 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, education, and macroeconomic
growth assistance, unless the Secretary of State makes the
determination required in paragraph (1).
asia
Sec. 7044. (a) Tibet.--
(1) The Secretary of the Treasury should instruct 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
Tibetan land and natural resources to non-Tibetans, are based
on a thorough needs-assessment, foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions, and
are subject to effective monitoring.
(2) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental organizations
to support activities which preserve cultural traditions and
promote sustainable development and environmental conservation
in Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China.
(b) Burma.--
(1) The Secretary of the Treasury should instruct 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
Development 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 support programs in Burma: Provided further, That
in addition to assistance for Burmese refugees appropriated
under the heading ``Migration and Refugee Assistance'' in this
Act, funds shall be made available for community-based
organizations operating in Thailand to provide food, medical,
and other humanitarian assistance to internally displaced
persons in eastern Burma: Provided further, That any new
program 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 procedures 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 certifies to the Committees on Appropriations
that the United Nations and the Government of Cambodia are taking
credible steps to address allegations of corruption and mismanagement
within the tribunal.
(d) North Korea.--None of the funds made available by this Act
under the heading ``Economic Support Fund'' may be made available for
assistance for the government of North Korea.
(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 expended for processing licenses for the export of
satellites of United States origin (including commercial satellites and
satellite components) to the People's Republic of China 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 activities 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 pursuant
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 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 paragraph (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 appropriated 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 described under the heading
``International Narcotics Control and Law Enforcement'' in the
report accompanying this Act.
(b) Haiti.--The Government of Haiti shall be eligible to purchase
defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.) for the Coast Guard.
(c) Honduras.--Prior to the obligation of 20 percent of the funds
appropriated by this Act that are available 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 system, 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 subsection shall not
apply to assistance to combat drug trafficking 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 relating 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 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 security in Afghanistan, 15
percent shall be withheld from obligation until
the Secretary of State, in consultation with
the Secretary of Defense and the Administrator
of the United States Agency for International
Development (USAID), submits a report to the
Committees on Appropriations on transition
plans for the Department of State and USAID,
and such report shall include--
(I) an assessment of the security
environment in Afghanistan with respect
to facilities and personnel, and the
anticipated impact of the withdrawal of
United States Armed Forces in
Afghanistan on such environment;
(II) detailed plans for all
diplomatic locations in the country, to
include--
(aa) an assessment of the
security requirements at each
current and planned facility;
(bb) the number of United
States Government personnel
anticipated at each facility, a
general description of the
duties of such personnel, and
the number and cost of
contractors anticipated at each
facility required for
operational and other support;
(cc) the expected timeline
of occupancy for each facility;
(dd) the plans for, and
status of, corresponding land
rights agreements with the host
government for each facility;
(ee) the types of non-
traditional equipment to be
used by the Department of State
to meet the security
requirements at each facility
and whether agreement exists
with the host government to use
such equipment;
(ff) a description of
contingency plans, including
evacuation, at each facility
for United States Government
personnel and contractors; and
(gg) the extent to which
locally engaged staff will be
used for logistical, medical,
and security requirements.
(ii) The report required by clause (i) may
be submitted in classified form if necessary.
(iii) The report required by clause (i)
shall also include benchmarks and milestones,
including quantitative and qualitative metrics,
for the diplomatic and development programs
supported by the United States Government
presence at each facility.
(B) Security.--Of the funds appropriated under the
heading ``Economic Support Fund'' in title VIII of this
Act that are made available for assistance for the
central Government of Afghanistan, 15 percent shall be
withheld from obligation until the Secretary of State,
in consultation with the Administrator of USAID,
certifies and reports to the Committees on
Appropriations that all USAID projects implemented by
organizations requiring security in Afghanistan have
the needed contracts and services in place: Provided,
That such certification shall include each project
requiring security subcontracts and that each
subcontract is deemed to have--
(i) qualified and reliable security
personnel, equipment, and services;
(ii) reasonable cost requirements; and
(iii) reasonable terms that meet the needs
of the prime contractor.
(C) Sustainability and transparency.--None of the
funds appropriated or otherwise made available by this
Act under the headings ``Economic Support Fund'' and
``International Narcotics Control and Law Enforcement''
may be obligated for assistance for the Government of
Afghanistan until the Secretary of State, in
consultation with the Administrator of USAID, certifies
to the Committees on Appropriations that--
(i) The funds will be used to design and
support programs in accordance with the June
2011 ``Administrator's Sustainability Guidance
for USAID in Afghanistan''.
(ii) The Government of Afghanistan is--
(I) reducing corruption and
improving governance, including by
investigating, prosecuting,
sanctioning, or removing corrupt
officials from office and implementing
financial transparency and
accountability measures for government
institutions and officials (including
the Central Bank) as well as conducting
oversight of public resources;
(II) taking credible steps to
protect the human rights of Afghan
women; and
(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 transparency and
accountability of national, provincial, and
local governments.
(iv) Representatives of Afghan national,
provincial, or local governments, and local
communities and civil society organizations,
including women-led organizations, will be
consulted and participate in the design of
programs, projects, and activities, including
participation in implementation and oversight,
and the development 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 Afghanistan may be made
available as a United States contribution to the
Afghanistan Reconstruction Trust Fund (ARTF) unless the
Secretary of State determines and reports to the
Committees on Appropriations that the World Bank
Monitoring Agent of the ARTF is unable to conduct its
financial control and audit responsibilities.
(B) Funds appropriated under the headings
``Economic Support Fund'' and ``International Narcotics
Control and Law Enforcement'' in this Act that are
available for assistance for Afghanistan--
(i) shall be made available, to the maximum
extent practicable, in a manner that emphasizes
the participation of Afghan women, and directly
improves the security, 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, including 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 internationally
managed fund to support the reconciliation with
and disarmament, demobilization, and
reintegration into Afghan society of former
combatants who have renounced 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 participating
at national, provincial, and local
levels of government in the design,
policy formulation, and implementation
of the reconciliation or reintegration
process, and such process upholds steps
taken by the Government 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 security
forces, for any leader of an armed
group responsible for crimes against
humanity, war crimes, or acts of
terrorism; and
(iii) may be made available for a United
States contribution to the North Atlantic
Treaty Organization/International Security
Assistance Force Post-Operations Humanitarian
Relief Fund.
(C) The authority contained in section 1102(c) of
Public Law 111-32 shall continue in effect during
fiscal year 2013 and shall apply as if part of this
Act.
(D) The Coordinator for Rule of Law at the United
States Embassy in Kabul, Afghanistan, shall be
consulted on the use of all funds appropriated by this
Act for rule of law programs in Afghanistan.
(E) None of the funds made available by this Act
may be used by the United States Government to enter
into a permanent basing rights agreement between the
United States and Afghanistan.
(F) Any significant modification to the scope,
objectives, or implementation mechanisms of United
States assistance programs in Afghanistan shall be
subject to prior consultation with, and the regular
notification procedures of, the Committees on
Appropriations, except that the prior consultation
requirement may be waived in a manner consistent with
section 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 address the Kabul Bank
crisis and restore confidence in Afghanistan's banking
sector; and
(B) a report on the costs to support agreements and
programs related to the Afghan Strategic Partnership,
including contributions from the Government of
Afghanistan.
(4) Oversight.--The Special Inspector General for
Afghanistan Reconstruction, the Inspector General of the
Department of State, and the Inspector General of USAID, shall
jointly develop and submit 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 appropriated or
otherwise made available by this Act under the headings
``Economic Support Fund'', ``International Narcotics Control
and Law Enforcement'', and ``Foreign Military Financing
Program'', or by transfer to ``Pakistan Counterinsurgency
Capability Fund'' for assistance for the Government of Pakistan
may be made available unless the Secretary of State certifies
to the Committees on Appropriations 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 organizations, including taking steps to end
support for such groups and prevent them from basing
and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(B) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and
Pakistan's military and intelligence agencies are not
intervening extra-judicially 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 counterterrorism efforts and
assistance programs in Pakistan; and
(F) providing humanitarian organizations access to
detainees, internally displaced persons, 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 counterinsurgency capabilities in
Pakistan, and are subject 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 expected results regarding
furthering development in Pakistan, countering
extremism, and establishing conditions conducive to the
rule of law and transparent and accountable governance:
Provided, That such benchmarks may incorporate 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) indicates that Pakistan
is failing to make measurable progress in meeting these
goals or benchmarks.
(B) 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 costs
and objectives associated 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 Pakistan may be provided, notwithstanding any other
provision of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between Afghanistan
and Pakistan, or between either country 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, arrearages, or dues of any member of the United
Nations or, 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 multilateral 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 section 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 violations, without regard to the ceiling limitation
contained in paragraph (2) thereof: Provided, That the determination
required under this section shall be in lieu of any determinations
otherwise required under section 552(c): Provided further, That funds
made available pursuant to this section shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
limitations on the united nations
Sec. 7049. (a) Transparency and Accountability.--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 organization until the
Secretary of State certifies that the organization--
(1) provides the United States Government with full and
unfettered access to financial and performance audits regarding
the implementation of funds of that organization; and
(2) is publishing on a publicly available website regular,
financial, programmatic, and reporting audits of the
organization and its grantees.
(b) Restrictions on United Nations Delegations 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 commission is chaired or presided over by a country,
the government of which the Secretary of State has determined,
for purposes of section 6(j)(1) of the Export 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 contribution to any
organization, agency, or program within the United Nations
system if such organization, 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 reports to the Committees on Appropriations that participation 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 determination and a description of the steps taken to
remove Israel as a permanent agenda item.
(d) United Nations Relief and Works Agency.--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 Appropriations, in writing,
that UNRWA is--
(1) utilizing Operations Support Officers in the West Bank
and Gaza to inspect UNRWA installations and reporting any
inappropriate use;
(2) acting promptly to address any staff or beneficiary
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 conditions 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 ensure conformance with such conditions;
(4) taking steps to improve the transparency of all
educational materials currently in use in UNRWA-administered
schools;
(5) using curriculum materials in UNRWA-supported schools
and summer camps designed to promote tolerance, non-violent
conflict resolution, and human rights;
(6) not engaging in operations with financial institutions
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 recommendations.
(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 pursuant 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
Appropriations that such waiver is necessary to avert a humanitarian
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
``Contributions to International Organizations'' and ``International
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 operation 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, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs 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 subsection (a) shall
be subject to the regular notification procedures 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 attendance of more than 50
employees of agencies or departments of the United States Government
who are stationed in the United States, at any single international
conference occurring outside the United States, unless the Secretary of
State reports to the Committees on Appropriations 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
conference'' shall mean a conference attended by representatives of the
United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding 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
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'' and ``Andean Counterdrug Programs'' 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 transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility 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 Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(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
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to transport,
on a reimbursable or non-reimbursable basis, Federal and non-
Federal personnel supporting Department of State and USAID
programs and activities: Provided further, That official travel
for other agencies for other purposes may be supported on a
reimbursable basis, or without reimbursement 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 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
humanitarian 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 munitions will only be
used against clearly defined military targets and will not be
used where civilians are 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 purposes within the United
States not authorized before the date of the enactment of this Act by
the Congress: Provided, 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 available 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 during 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 utilized 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 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 fiscal year
pursuant to the authority contained in subsection (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 number of positions that are
filled by personal services contractors 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
section may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals 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 related 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 appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961 may
be used, in addition to funds otherwise available for such purposes,
for the cost (including the support costs) of individuals detailed to
or employed by USAID whose primary responsibility is to carry out
programs in response to natural disasters, or man-made disasters
subject to the regular notification procedures of the Committees on
Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance 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 contractors in the United States,
notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities 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 bureau or office: Provided
further, That such funds appropriated to carry out title II of the
Agricultural Trade Development and Assistance Act of 1954, may be made
available 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 appropriated 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 Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of division F of
Public Law 111-117 may be assigned to or support programs in Iraq,
Afghanistan, or Pakistan with funds made available in this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs.
global health activities
Sec. 7058. (a) Funds appropriated by titles III and IV of this Act
that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' 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 planning/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 obligation until the Secretary of State
determines and reports to the Committees on Appropriations
that--
(A) the Global Fund is maintaining and implementing
a policy of transparency, including the authority of
the Global Fund Office of the Inspector General (OIG)
to publish OIG reports 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 published
audits and investigations of financial,
programmatic, and reporting aspects of the
Global Fund, its grantees, recipients, sub-
recipients, and Local Fund Agents; and
(C) the Global Fund maintains an effective
whistleblower policy to protect whistleblowers from
retaliation, including confidential procedures 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 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 improve the status of women,
including through gender considerations 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 decisionmaking at the local,
national and international levels, 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 women'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 technical 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 evaluation mechanisms to measure the impact of United
States policies and programs on women and girls in foreign countries.
gender-based violence
Sec. 7061. (a) Funds appropriated under the headings ``Global
Health Programs'', ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'' in
this Act shall be made available for gender-based violence prevention
and response efforts, and funds appropriated under the headings
``International Disaster Assistance'' and ``Migration 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 peacekeeping operations, shall address,
where appropriate, prevention and response to gender-based violence and
trafficking 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 development
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 contribution to the
Global Partnership for Education.
(b) Food Security and Agriculture Development.--Funds appropriated
by title III of this Act may be made available for food security and
agriculture development 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
microenterprise and microfinance development programs for the poor,
especially women.
(d) Reconciliation Programs.--Of the funds appropriated by title
III of this Act under the headings ``Economic Support Fund'' and
``Development Assistance'', $26,000,000 shall be made available to
support people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war, of which $10,000,000 shall be made
available for such programs in the Middle East: Provided, That the
Administrator of the United States Agency for International Development
shall consult with the Committees on Appropriations, prior to the
initial obligation of funds, on the uses of such funds.
(e) Trafficking in Persons.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'' not
less than $38,000,000 shall be made available for activities to combat
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 Senator 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 improve women's leadership capacity in
recipient countries.
(h) Notification Requirements.--Authorized deviations 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 State, Foreign Operations, and
Related Programs Appropriations 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 Secretary certifies to the Committees on
Appropriations that the waiver is in the national security interest and
necessary 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 Secretary 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 Uzbekistan and expenditures made in
support of the Northern 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 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 requirements 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 available for the United Nations
Population Fund.
(b) None of the funds appropriated or otherwise made available by
this Act for population planning activities or other population
assistance may be made available to any foreign nongovernmental
organization that promotes or performs abortion, except in cases of
rape or incest or when the life of the mother would be endangered if
the fetus were carried to term.
international prison conditions
Sec. 7066. Funds appropriated by this Act to carry out the
provisions of chapters 1 and 11 of part I and chapter 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
section 660 of the Foreign Assistance Act of 1961, for assistance 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 justify the use of torture,
cruel, or inhumane treatment by any official or contract employee of
the United States Government.
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
Assistance'', 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 indicted for a criminal offense for which
the maximum penalty is life imprisonment without the possibility of
parole or for killing a law enforcement officer, as specified in a
United States extradition request.
(b) Subsection (a) shall only apply to the central government of a
country with which the United States maintains 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 section 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 including Major Defense
Equipment (other than helicopters and other types of aircraft having
possible civilian application), if the President determines that there
are compelling 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 violation 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 available 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 Federation, 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 arrangements to
provide Iran with technical expertise, training, 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 (Nonproliferation
and Disarmament Programs and Activities) of the FREEDOM Support
Act.
(c) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance 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 Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(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 calendar year; the IMF's internal use of funds derived from 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 Government 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 effect discrimination, against religious
groups or religious communities in the Russian Federation in
violation of accepted international agreements on human rights
and religious freedoms to which the Russian Federation is a
party;
(2) is honoring its international obligations regarding
freedom of expression, assembly, and press, as well as due
process;
(3) is investigating and prosecuting law enforcement
personnel credibly alleged to have committed human rights
abuses against political leaders, activists and journalists;
and
(4) is immediately releasing political leaders, activists
and journalists who remain in detention.
(b) The Secretary of State may waive the requirements 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 Federal Regulations.
serbia
Sec. 7074. (a) Funds appropriated by this Act may be made available
for assistance for the central Government 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 Treasury 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 Appropriations that the
Government of Serbia is cooperating with the International Criminal
Tribunal for the former Yugoslavia, including apprehending and
transferring indictees and providing investigators access to witnesses,
documents, and other information.
(d) This section shall not apply to humanitarian assistance 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 accordance 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 Enterprise 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 department, 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 funds
appropriated to such department, agency, or organization in such titles
of this Act, or funds otherwise available for obligation in fiscal year
2013, that provides details 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 Administrator of the
United States Agency for International Development, shall submit to the
Committees on Appropriations 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 Initiative, 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 security and
agriculture development programs;
(4) funds appropriated or otherwise made available under
the heading ``Development Credit Authority''.
(c) Notifications.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification 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 heading ``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 Operations/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 making appropriations for the Department of
State, foreign operations, and related programs, $100,000,000 are
rescinded: Provided, That no amounts may be rescinded from amounts that
were designated by Congress as an emergency requirement or for Overseas
Contingency Operations/Global War on Terrorism pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
(c) The Secretary of State, as appropriate, shall consult with the
Committees on Appropriations at least 15 days prior to implementing the
rescissions made in this section.
reforms related to general capital increases
Sec. 7078. Funds appropriated by this Act may not be disbursed for
a United States contribution to the general capital increases of the
International Bank for Reconstruction and Development (World Bank), the
African Development Bank (AfDB), or the Inter-American Development Bank
(IDB) until the Secretary of the Treasury certifies and reports to the
Committees on Appropriations that such institution, as appropriate, is
successfully implementing each of the following reforms--
(1) implementing specific reform commitments agreed to by
the World Bank and the AfDB as described in the Pittsburgh
Leaders' Statement issued at the Pittsburgh G20 Summit in
September 2009 concerning sound finances, effective management
and governance, transparency and accountability, focus on core
mission, and results;
(2) implementing specific reform commitments agreed to by
the IDB in Resolution AG-7/10 ``Report on the Ninth General
Capital Increase in the resources of the Inter-American
Development Bank'' as approved by the Governors on July 12,
2010, including transfers of at least $200,000,000 annually to
a grant facility for Haiti;
(3) implementing procurement guidelines that maximize
international competitive bidding in accordance with sound
procurement practices, including transparency, competition, and
cost-effective results for borrowers;
(4) implementing best practices for the protection of
whistleblowers from retaliation, including best practices for
legal burdens of proof, access to independent adjudicative
bodies, results that eliminate the effects of retaliation, and
statutes of limitation for reporting retaliation;
(5) requiring that each candidate for budget support or
development policy loans provides an assessment of reforms
needed to budgetary and procurement processes to encourage
transparency, including budget publication and public scrutiny,
prior to loan approval;
(6) making publicly available external and internal
performance and financial audits of such institution's projects
on the institution's Web site;
(7) adopting policies concerning the World Bank's proposed
Program for Results (P4R) including to: require that projects
with potentially significant adverse social or environmental
impacts and projects that affect indigenous peoples are either
excluded from P4R or subject to the World Bank's own policies;
require that at the close of the pilot there will be a
thorough, independent evaluation, with input from civil society
and the private sector, to provide guidance concerning next
steps for the pilot; and fully staff the World Bank Group's
Integrity Vice Presidency, with agreement from Borrowers on the
World Bank's jurisdiction and authority to investigate
allegations of fraud and corruption in any of the World Bank's
lending programs including P4R; and
(8) concerning the World Bank, making publicly available
information regarding International Finance Corporation (IFC)
subprojects when the IFC is funding a financial intermediary,
including--
(A) requiring that higher-risk subprojects comply
with the relevant Performance Standard requirements;
and
(B) agreeing to periodically disclose on the IFC
Web site a listing of the name, location, and sector of
high-risk subprojects supported by IFC investments
through private equity funds.
use of funds in contravention of this act
Sec. 7079. If the Executive Branch makes a determination not to
comply with any provision of this Act on constitutional grounds, the
head of the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
limitation on political disclosure requirements
Sec. 7080. None of the funds made available by this Act may be
used to implement any rule, regulation, or executive order regarding
the disclosure of political contributions that takes effect on or after
the date of enactment of this Act.
limitation relating to individuals detained at naval station,
guantanamo bay, cuba
Sec. 7081. None of the funds made available in this Act, or any
prior Act making appropriations for the Department of State, foreign
operations, and related programs, may be obligated for any country,
including a state with a compact of free association with the United
States, that concludes an agreement with the United States to receive
by transfer or release individuals detained at Naval Station,
Guantanamo Bay, Cuba, unless, not later than five days after the
conclusion of the agreement, but prior to implementation of the
agreement, the Secretary of State notifies the Committees on
Appropriations in writing of the terms of the agreement.
limitations on certain awards
Sec. 7082. (a) Convictions.--None of the funds made available by
this Act may be used to enter into a contract, memorandum of
understanding, or cooperative agreement with, make a grant to, or
provide a loan or loan guarantee to any corporation that was convicted
(or had an officer or agent of such corporation acting on behalf of the
corporation convicted) of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency is aware
of the conviction, unless the agency has considered suspension or
debarment of the corporation, or such officer or agent, and made a
determination that this further action is not necessary to protect the
interests of the Government.
(b) Unpaid Taxes.--None of the funds made available by this Act may
be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, make a grant to, or provide a loan or loan
guarantee to, any corporation that any unpaid Federal tax liability
that has been assessed, for which all judicial and administrative
remedies have been exhausted or have lapsed, and that is not being paid
in a timely manner pursuant to an agreement with the authority
responsible for collecting the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless the agency has considered
suspension or debarment of the corporation and made a determination
that this further action is not necessary to protect the interests of
the Government.
budget presentations
Sec. 7083. (a) Presentation of Congressional Budget
Justification.--None of the funds appropriated by title I of this Act
under the heading ``Diplomatic and Consular Programs'' in paragraph (3)
(Diplomatic policy and support), not previously obligated before the
date of the submission of the President's budget for fiscal year 2014,
shall be obligated until the Secretary of State submits to the
Committees on Appropriations the--
(1) Congressional Budget Justification for Department of State
Operations for fiscal year 2014; and
(2) Congressional Budget Justification for Foreign Operations for
fiscal year 2014.
(b) Exception.--The limitation on obligations in this section may
be waived in a manner consistent with section 7015(e) of this Act.
limitation on funds relating to a united nations arms trade treaty
Sec. 7084. None of the funds appropriated in this Act may be
obligated or expended to advocate or agree to any provision of a United
Nations Arms Trade Treaty that would restrict in any way the rights of
United States citizens under the second amendment to the Constitution
of the United States, or that would otherwise regulate the domestic
manufacture, importation, assembly, possession, use, transfer, or
purchase of firearms, ammunition, or related items.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$2,707,727,000, to remain available until September 30, 2014, of which
$654,918,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $150,000,000 of the total funds made available under
this heading to any other appropriation of any department or agency of
the United States, upon the concurrence of the head of such department
or agency, to support operations in and assistance for Afghanistan and
to carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be treated as a
reprogramming of funds under subsections (a) and (b) of section 7015 of
this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization Operations'',
$8,500,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$58,619,000, to remain available until September 30, 2014, of which
$55,369,000 shall be for the Special Inspector General for Afghanistan
Reconstruction for reconstruction oversight: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $10,800,000, to remain available until expended:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $101,300,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $258,407,000,
to remain available until September 30, 2014: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$150,000,000, to remain available until September 30, 2014: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$6,554,000, to remain available until September 30, 2014: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
economic support fund
(including transfer of funds)
For an additional amount for ``Economic Support Fund'',
$2,293,259,000, to remain available until September 30, 2014: Provided,
That up to $4,400,000 of the funds appropriated under this heading may
be transferred to and merged with funds available under the heading
``Broadcasting Board of Governors, International Broadcasting
Operations'' for the support of broadcasting to the border-region of
Afghanistan and Pakistan: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$229,000,000, to remain available until September 30, 2014: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/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 Narcotics 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
Overseas 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, 2014: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $1,102,000,000, to remain available until September 30,
2014: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
general provisions--this title
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2013.
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
Sec. 8003. Of the funds appropriated in prior Acts making
appropriations for the Department of State, foreign operations, and
related programs and designated by Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985 under the
heading ``Diplomatic and Consular Programs'', $54,000,000 are
rescinded.
Sec. 8004. Funds appropriated by this title under the headings
``International Narcotics Control and Law Enforcement'' and ``Foreign
Military Financing Program'' may be transferred to, and merged with,
appropriations made in prior Acts under the heading ``Pakistan
Counterinsurgency Capability Fund'': Provided, That funds made
available pursuant to such transfer shall remain available until
September 30, 2014: Provided further, That the Secretary of State
shall, not later than 15 days prior to making any such transfer, notify
the Committees on Appropriations: Provided further, That such
notification shall include the source of funds, detailed justification,
implementation plan, and timeline for obligating such funds: Provided
further, That any obligation of funds pursuant to such transfer shall
be subject to section 7046(b) of this Act.
Sec. 8005. Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985 shall be available (or rescinded, if applicable)
only if the President subsequently so designates all such amounts and
transmits such designations to the Congress.
TITLE IX
ADDITIONAL GENERAL PROVISION
spending reduction account
Sec. 9001. The amount by which the applicable allocation of new
budget authority made by the Committee on Appropriations of the House
of Representatives under section 302(b) of the Congressional Budget Act
of 1974 exceeds the amount of proposed new budget authority is $0.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2013''.
Union Calendar No. 347
112th CONGRESS
2d Session
H. R. 5857
[Report No. 112-494]
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2013, and
for other purposes.
_______________________________________________________________________
May 25, 2012
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 112-494, by Ms. Granger.
The House Committee on Appropriations reported an original measure, H. Rept. 112-494, by Ms. Granger.
Placed on the Union Calendar, Calendar No. 347.
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