[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1601 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 179
112th CONGRESS
  1st Session
                                S. 1601

                          [Report No. 112-85]

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2012, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2011

Mr. Leahy, from the Committee on Appropriations, reported the following 
     original bill; which was read twice and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2012, 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, 2012, 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, $6,877,500,000, of which 
$1,400,000,000 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, $2,387,854,000, to remain 
        available until September 30, 2013, of which not less than 
        $134,700,000 shall be available only for public diplomacy 
        American salaries, and $205,900,000 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, $2,124,646,000, to remain 
        available until September 30, 2013, of which not less than 
        $360,602,000 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, 
        $865,000,000, to remain available until September 30, 2013.
            (4) Security programs.--For necessary expenses for security 
        activities, $1,500,000,000, to remain available until September 
        30, 2013, of which $1,194,100,000 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 $1,753,991 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 spending plan.--
                    (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.
                    (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.

                        capital investment fund

    For necessary expenses of the Capital Investment Fund, $69,915,000, 
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, 
$61,904,000, notwithstanding section 209(a)(1) of the Foreign Service 
Act of 1980 (Public Law 96-465), as it relates to post inspections.

               educational and cultural exchange programs

    For expenses of educational and cultural exchange programs, as 
authorized, $612,000,000, 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, 
$27,744,000, to remain available until September 30, 2013.

            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, $795,000,000, 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, $775,000,000, 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 2012.

           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, $1,585,000,000:  
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 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 
notwithstanding any other provision of law, credits to United States 
assessed contributions to the United Nations Tax Equalization Fund 
should be used to offset other assessed contributions to the United 
Nations, 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, $1,900,000,000, of 
which 15 percent shall remain available until September 30, 2013:  
Provided, That 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): (1) the Committees on 
Appropriations shall be notified of the estimated cost and duration of 
the mission, the national interest that will be served, the exit 
strategy, and that the United Nations has taken appropriate measures to 
prevent United Nations employees, contractor personnel, and 
peacekeeping forces 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 hold 
accountable individuals who engage in such acts while participating in 
the peacekeeping mission, including the prosecution in their home 
countries of such individuals in connection with such acts; and (2) 
notification pursuant to section 7015 of this Act is submitted, and the 
procedures therein followed, setting forth the source of funds that 
will be used to pay for 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 governments contributing 
peacekeeping troops to develop effective vetting procedures to ensure 
that troops have not violated human rights:  Provided further, That 
notwithstanding any other provision of law, credits to United States 
assessed contributions to United Nations peacekeeping missions and to 
the United Nations Tax Equalization Fund should be used to offset other 
assessed contributions to the United Nations, 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, $45,000,000.

                              construction

    For detailed plan preparation and construction of authorized 
projects, $29,862,000, 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, $36,300,000:  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, $740,039,000:  
Provided, That of the total amount in this heading, not less than 
$2,500,000 shall be used to expand unrestricted access to information 
on the Internet through the development and use of circumvention and 
secure communication technologies:  Provided further, That the BBG 
shall coordinate the use of such technologies with the Secretary of 
State and the Administrator of the United States Agency for 
International Development, as appropriate:  Provided further, That the 
circumvention technologies and programs supported by funds made 
available by this Act or Public Law 112-10 shall undergo a peer review, 
to include an assessment of protections against such technologies being 
used for illicit purposes such as furthering the communications 
capabilities of extremist groups or their supporters:  Provided 
further, That prior to obligation, the BBG shall submit to the 
Committees on Appropriations a report detailing planned expenditures 
for funds made available for such activities:  Provided further, That 
not later than September 30, 2012, the BBG shall submit a report to the 
Committees on Appropriations listing programs supported by the BBG to 
promote unrestricted access to information through the Internet, 
including an assessment of the results of such programs:  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 authority provided by 
section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 22 U.S.C. 6206 note) shall remain in effect 
through September 30, 2012:  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 the 
United States International Broadcasting Act of 1994 (22 U.S.C. 6202(a) 
and (b)) or the entity's journalistic code of ethics:  Provided 
further, That reductions and increases to BBG broadcast hours 
previously justified to Congress, including changes to transmission 
platforms (shortwave, medium wave, satellite, 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, 
$9,361,000, 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), $17,000,000, 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, $31,589,000, to 
remain available until September 30, 2012, 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, 
2012, 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, 2012, 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, 2012, to remain available until expended.

                            East-West Center

    To enable the Secretary of State to provide for carrying out the 
provisions of the Center for Cultural and Technical Interchange Between 
East and West Act of 1960, by grant to the Center for Cultural and 
Technical Interchange Between East and West in the State of Hawaii, 
$16,700,000:  Provided, That none of the funds appropriated herein 
shall be used to pay any salary, or enter into any contract providing 
for the payment thereof, in excess of the rate authorized by 5 U.S.C. 
5376.

                    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, $117,764,000, to remain available until expended, of 
which $100,000,000 shall be allocated in the traditional and customary 
manner, including for the core institutes, and $25,000,000 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, $656,000, 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), 
$4,291,000, to remain available until September 30, 2013:  Provided, 
That notwithstanding the expenditure limitation specified in section 
208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commission may 
expend up to $250,000 of the funds made available under this heading to 
procure temporary and intermittent services under the authority of 
section 3109(b) of title 5, United States Code.

            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, $2,715,000, 
to remain available until September 30, 2013.

  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, 2013.

      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, 2013:  Provided, That the second through sixth provisos under this 
heading in division F of Public Law 111-117 shall continue in effect 
during fiscal year 2012 and shall apply as if part of 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, $1,251,000,000, to remain 
available until September 30, 2013:  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 may 
entail commitments for the expenditure of such funds through the 
following fiscal year:  Provided further, That any decision to open a 
new 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 reprogramming of funds in excess of $1,000,000 or 10 percent, 
whichever is less, to the cost categories in the table included under 
this heading in the report accompanying this Act for funds appropriated 
under this heading, 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.

                        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, $137,000,000, 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, $49,000,000, to remain available 
until September 30, 2013, 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, to remain available until September 30, 2012, unless 
otherwise specified herein, 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, $2,657,500,000, to remain available until September 30, 2013, 
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 shall 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 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 the ninth and 
tenth provisos under this heading in the Consolidated Appropriations 
Act, 2010 (Public Law 111-117) shall apply to funds appropriated under 
this heading in this Act:  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, $5,250,000,000, to remain 
available until September 30, 2015, which shall be apportioned directly 
to the Department of State:  Provided, That of the funds appropriated 
under this paragraph, not less than $750,000,000 shall 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 2012 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, $2,550,000,000, to remain 
available until September 30, 2013:  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 
funds appropriated by this Act shall be made available for water and 
sanitation supply projects pursuant to the Paul Simon Water for the 
Poor Act of 2005 (Public Law 109-121):  Provided further, That funds 
appropriated by this Act for food security and agricultural development 
programs may be made available notwithstanding any other provision of 
law and shall be made available for a United States contribution to the 
endowment of the Global Crop Diversity Trust pursuant to section 3202 
of Public Law 110-246:  Provided further, That funds appropriated under 
this heading shall be made available for programs to improve women's 
leadership capacity in recipient countries.

                   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, $850,000,000, 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, $55,000,000, 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.

                          complex crises fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 to enable the Administrator of the United States 
Agency for International Development (USAID), with the concurrence of 
the Secretary of State, to support programs and activities to prevent 
or respond to emerging or unforeseen complex crises overseas, 
$30,000,000, to remain available until expended:  Provided, That the 
administrative authorities of the Foreign Assistance Act of 1961 shall 
be applicable to funds appropriated under this heading:  Provided 
further, That funds appropriated under this heading may be made 
available on such terms and conditions as the USAID Administrator may 
determine, in consultation with the Committees on Appropriations, for 
the purposes of preventing or responding to such crises, except that no 
funds shall be made available to respond to natural disasters:  
Provided further, That funds appropriated under this heading shall be 
made available notwithstanding section 10 of Public Law 91-672 and 
section 15 of the State Department Basic Authorities Act of 1956:  
Provided further, That funds appropriated under this heading may be 
made available notwithstanding any other provision of law, except 
sections 7007, 7008, and 7018 of this Act:  Provided further, That 
funds appropriated under this heading shall be subject to the regular 
notification procedures of the Committees on Appropriations, except 
that such notifications shall be transmitted at least 5 days in advance 
of the obligation of funds.

                      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 
$50,000,000 may be derived by transfer from funds appropriated by this 
Act to carry out part I of such Act and under the heading ``Assistance 
for Europe, Eurasia and Central Asia'':  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 or 
borrower 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 $1,000,000,000.
    In addition, for administrative expenses to carry out credit 
programs administered by the United States Agency for International 
Development, $8,300,000, 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, 2014.

                         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, $4,378,560,000, to 
remain available until September 30, 2013:  Provided, That of the funds 
appropriated under this heading, up to $250,000,000 shall be available 
for assistance for Egypt, which shall be for programs and activities 
(including to implement sections 7039(a)(3) and (b) of this Act) to 
reduce poverty and create jobs, strengthen democracy, and protect human 
rights, 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 funds appropriated under this heading that are made 
available for assistance for Cyprus shall be used only for 
scholarships, administrative support of the scholarship program, 
bicommunal projects, and measures aimed at reunification of the island 
and designed to reduce tensions and promote peace and cooperation 
between the two communities on Cyprus:  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 $360,000,000 shall be available for assistance for 
Jordan, including for programs and activities to reduce poverty and 
create jobs, strengthen democracy, and protect human rights:  Provided 
further, That up to $30,000,000 of the funds appropriated for fiscal 
year 2011 under this heading in Public Law 112-10, division B, may be 
made available for the costs, as defined in section 502 of the 
Congressional Budget Act of 1974, of loan guarantees for Tunisia, which 
are authorized to be provided:  Provided further, That amounts that are 
made available under the previous proviso for the cost of guarantees 
shall not be considered ``assistance'' for the purposes of provisions 
of law limiting assistance to a country:  Provided further, That none 
of the funds appropriated under this heading may be made available for 
the Palestinian Authority if Palestine becomes a member or non-member 
state of the United Nations outside of an agreement negotiated between 
Israel and the Palestinians:  Provided further, That the Secretary may 
waive the previous proviso if the Secretary certifies to the Committees 
on Appropriations that to do so is in the national security interests 
of the United States:  Provided further, That of the funds appropriated 
under this heading, $179,000,000 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 $8,000,000 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 
appropriated under this heading, $15,000,000 may be made available for 
assistance for Cuba, including humanitarian and democracy assistance, 
support for economic reform, private sector initiatives, and human 
rights.

                             democracy fund

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 for the promotion of democracy globally, 
$114,770,000, to remain available until September 30, 2013, of which 
$70,910,000 shall be made available for the Human Rights and Democracy 
Fund of the Bureau of Democracy, Human Rights and Labor, Department of 
State, and $43,860,000 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.

            assistance for europe, eurasia and central asia

    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961, the FREEDOM Support Act, and the Support for 
East European Democracy (SEED) Act of 1989, $626,718,000, to remain 
available until September 30, 2013, which shall be available, 
notwithstanding any other provision of law, for assistance and for 
related programs for countries identified in section 3 of the FREEDOM 
Support Act and section 3(c) of the SEED Act:  Provided, That funds 
appropriated under this heading shall be considered to be economic 
assistance under the Foreign Assistance Act of 1961 for purposes of 
making available the administrative authorities contained in that Act 
for the use of economic assistance:  Provided further, That funds made 
available for the Southern Caucasus region may be used for confidence-
building measures and other activities in furtherance of the peaceful 
resolution of conflicts, including in Nagorno-Karabakh:  Provided 
further, That of the funds appropriated under this heading, not less 
than $7,000,000 shall be made available for humanitarian, conflict 
mitigation, human rights, civil society, and relief and reconstruction 
assistance for the North Caucasus.

                          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, $1,700,000,000, to remain available until expended, of which 
$20,000,000 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 of international and 
nongovernmental partners.

                          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 $5,000,000 is 
for the Office of Inspector General, to remain available until 
September 30, 2013:  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 not later than 45 days 
after enactment of this Act, the Director shall submit a spending plan 
to the Committees on Appropriations on the proposed uses of funds under 
this heading:  Provided further, That none of the funds appropriated 
under this heading may be used to pay for abortions, except when the 
life of the mother would be endangered if the fetus were carried to 
term, or the pregnancy is the result of an act of rape or incest.

                    millennium challenge corporation

                     (including transfer of funds)

    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 2012:  
Provided further, That section 605(e)(4) 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 funds appropriated by this Act or any 
prior Act appropriating funds for the Department of State, foreign 
operations, and related programs that are made available for a 
Millennium Challenge Compact and that are suspended or terminated by 
the Chief Executive Officer of the Corporation shall be subject to the 
regular notification procedures of the Committees on Appropriations 
prior to re-obligation:  Provided further, That none of the funds 
appropriated by this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs under 
this heading may be used for military assistance or military training, 
including for assistance for military or paramilitary purposes and for 
assistance to military forces:  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, $22,500,000, to remain available 
until September 30, 2013:  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), 
$30,000,000, to remain available until September 30, 2013:  Provided, 
That funds made available to grantees may be invested pending 
expenditure for project purposes when authorized by the Board of 
Directors of the 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 the Treasury

               international affairs technical assistance

    For necessary expenses to carry out the provisions of section 129 
of the Foreign Assistance Act of 1961, $27,000,000, to remain available 
until September 30, 2013, which shall be available notwithstanding any 
other provision of law.

                           debt restructuring

    For the cost, as defined in section 502 of the Congressional Budget 
Act of 1974, of modifying loans and loan guarantees, as the President 
may determine, for which funds have been appropriated or otherwise made 
available for programs within the International Affairs Budget Function 
150, including the cost of selling, reducing, or canceling amounts owed 
to the United States as a result of concessional loans made to eligible 
countries, pursuant to part V of the Foreign Assistance Act of 1961, 
$15,000,000, to remain available until September 30, 2013.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

                     (including transfer of funds)

    For necessary expenses to carry out section 481 of the Foreign 
Assistance Act of 1961, $1,056,000,000, to remain available until 
September 30, 2013:  Provided, That during fiscal year 2012, 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 
notwithstanding any provision of this or any other Act, funds 
appropriated in prior years under the headings ``Andean Counterdrug 
Initiative'' and ``Andean Counterdrug Program'' shall be available for 
use in any country for which funds may be made available under this 
heading without regard to the geographic or purpose limitations under 
which such funds were originally appropriated, subject to the regular 
notification procedures of the Committees on Appropriations:  Provided 
further, That, notwithstanding any other provision of law, of the funds 
appropriated under this heading, $5,000,000 should be made available to 
combat piracy of United States copyrighted materials, consistent with 
the requirements of section 688(a) and (b) of the Department of State, 
Foreign Operations, and Related Programs Appropriations Act, 2008 
(division J of Public Law 110-161):  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 
operation and maintenance costs of aircraft utilized in Iraq in support 
of programs funded under this heading, a justification for not 
including such costs under the heading ``Diplomatic and Consular 
Programs'', and estimates for overhead costs associated with the 
Stabilization Operations and Security Sector Reform program:  Provided 
further, That the concurrence of the Secretary of State shall be 
required for the provision of assistance which is comparable to 
assistance made available under this heading but which is provided 
under any other provision of law.

    nonproliferation, anti-terrorism, demining and related programs

    For necessary expenses for nonproliferation, anti-terrorism, 
demining and related programs and activities, $685,500,000, 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 the clearance of unexploded ordnance should 
prioritize areas where such ordnance was caused by the United States:  
Provided further, 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 unless the Secretary of State determines that Israel is being 
denied its right to participate in the activities of that Agency:  
Provided further, That funds appropriated under this heading may be 
made available for public-private partnerships for conventional weapons 
and mine action by grant, cooperative agreement or contract:  Provided 
further, That funds made available for demining and related activities, 
in addition to funds otherwise available for such purposes, may be used 
for administrative expenses related to the operation and management of 
the demining 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, 2013.

                        peacekeeping operations

    For necessary expenses to carry out the provisions of section 551 
of the Foreign Assistance Act of 1961, $262,000,000:  Provided, That 
funds appropriated under this heading may be used, notwithstanding 
section 660 of such Act, to provide assistance to enhance the capacity 
of foreign civilian security forces, including gendarmes, to 
participate in peacekeeping operations:  Provided further, That funds 
appropriated under this heading may be used to pay assessed expenses of 
international peacekeeping activities in Somalia and shall be available 
until September 30, 2013:  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, $105,788,000:  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 funds made available under this 
heading for assistance for Angola, Bahrain, Bangladesh, Cameroon, 
Central African Republic, Chad, Cote d'Ivoire, Democratic Republic of 
the Congo, Ethiopia, Guatemala, Guinea, Haiti, Indonesia, Kenya, Libya, 
Nepal, Nigeria, and Sri Lanka may only be provided through the regular 
notification procedures of the Committees on Appropriations and any 
such notification shall include 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

                     (including transfer of funds)

    For necessary expenses for grants to enable the President to carry 
out the provisions of section 23 of the Arms Export Control Act, 
$5,346,000,000:  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 $3,075,000,000 shall be available for grants 
only for Israel, and up to $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 prior to the 
obligation of funds appropriated under this heading for assistance for 
Egypt, the Secretary of State shall certify to the Committees on 
Appropriations that the Governments of the United States and Egypt have 
agreed upon the specific uses of such funds, that such funds further 
the national interests of the United States in Egypt and the region, 
and that the Government of Egypt has held free and fair elections and 
is implementing policies to protect the rights of journalists, due 
process, and freedoms of expression and association:  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 $808,725,000 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 2012 may 
be transferred to an interest bearing account for Egypt in the Federal 
Reserve Bank of New York within 30 days of enactment of this Act:  
Provided further, That of the funds appropriated under this heading, 
$300,000,000 shall be made available for assistance for Jordan:  
Provided further, That none of the funds made available under this 
heading shall 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 consultation 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 none of the funds appropriated under this heading may be made 
available for assistance for Nepal, Sri Lanka, Pakistan, Bangladesh, 
Bahrain, Philippines, Indonesia, Haiti, Guatemala, Honduras, Ethiopia, 
Cambodia, Kenya, Chad, and the Democratic Republic of the Congo except 
pursuant to the regular notification procedures of the Committees on 
Appropriations:  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 $836,900,000 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 2012 
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:  Provided further, 
That, with respect to the previous proviso, up to $100,000,000 of such 
funds may be transferred to the Special Defense Acquisition Fund 
pursuant to section 51 of the Arms Export Control Act.

                                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, $352,950,000:  
Provided, 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, $120,000,000, 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, 
$117,364,344, 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 
$2,928,990,899.

       contribution to the international development association

    For payment to the International Development Association by the 
Secretary of the Treasury, $1,355,000,000, to remain available until 
expended.
    For payment to the International Development Association by the 
Secretary of the Treasury for costs incurred under the Multilateral 
Debt Relief Initiative, $167,000,000, to remain available until 
expended.

               contribution to the clean technology fund

    For payment to the International Bank for Reconstruction and 
Development as trustee for the Clean Technology Fund by the Secretary 
of the Treasury, $350,000,000, to remain available until expended.

               contribution to the strategic climate fund

    For payment to the International Bank for Reconstruction and 
Development as trustee for the Strategic Climate Fund by the Secretary 
of the Treasury, $100,000,000, to remain available until expended.

              global agriculture and food security program

    For payment to the Global Agriculture and Food Security Program by 
the Secretary of the Treasury, $200,000,000, 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, $25,000,000, to remain available until 
expended.
    For payment to the Inter-American Investment Corporation by the 
Secretary of the Treasury, $4,670,000, 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 $4,098,794,833.

contribution to the enterprise for the americas multilateral investment 
                                  fund

    For payment to the Enterprise for the Americas Multilateral 
Investment Fund by the Secretary of the Treasury, $25,000,000, to 
remain available until expended.

               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, $106,586,000, 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 $2,558,048,769.

               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, $32,417,720, 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 $507,860,808.

              contribution to the african development fund

    For payment to the African Development Fund by the Secretary of the 
Treasury, $125,000,000, to remain available until expended.
    For payment to the African Development Fund by the Secretary of the 
Treasury for costs incurred under the Multilateral Debt Relief 
Initiative, $7,500,000, to remain available until expended.

            european bank for reconstruction and development

              limitation on callable capital subscriptions

    The United States Governor of the European Bank for Reconstruction 
and Development may subscribe without fiscal year limitation to the 
callable capital of the United States share of such capital in an 
amount not to exceed $1,252,331,952.

  contribution to the international fund for agricultural development

    For payment to the International Fund for Agricultural Development 
by the Secretary of the Treasury, $30,000,000, 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, $4,000,000, to remain available until September 30, 2013.

                            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 the use of the aggregate loan, guarantee, and insurance 
authority available to the Export-Import Bank during the current fiscal 
year should not result in greenhouse gas emissions from the extraction 
or production of fossil fuels and the use of fossil fuels in 
electricity generation exceeding the total amount of such emissions 
resulting from the use of such authority during fiscal year 2010, 
unless not less than 15 days prior to the use of such authority the 
Export-Import Bank provides written notification to the Committees on 
Appropriations that the use of such authority would result in 
greenhouse gas emissions exceeding such amount and indicating the 
amount of the increase, and posts such notification on the Bank's Web 
site:  Provided further, That not less than 10 percent of such 
aggregate should be used for renewable energy technology and end-use 
energy efficiency technologies:  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, 2012:  
Provided further, That notwithstanding the dates specified in section 7 
of the Export-Import Bank Act of 1945 (12 U.S.C. 6350 and section 1(c) 
of Public Law 103-428), the Export-Import Bank of the United States 
shall continue to exercise its functions in connection with and in 
furtherance of its objects and purposes through September 30, 2012.

                         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 $58,000,000:  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, 
2027, for the disbursement of direct loans, loan guarantees, insurance 
and tied-aid grants obligated in fiscal years 2012, 2013, 2014, and 
2015:  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 $89,900,000:  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, 2012:  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:  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 2012 in 
excess of obligations, up to $50,000,000, shall become available on 
September 1, 2012 and shall remain available until September 30, 2015.

                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, $29,000,000, 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 2012, 2013, and 2014:  
Provided further, That funds so obligated in fiscal year 2012 remain 
available for disbursement through 2020; funds obligated in fiscal year 
2013 remain available for disbursement through 2021; and funds 
obligated in fiscal year 2014 remain available for disbursement through 
2022:  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, 2013:  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 expired and unexpired funds 
received by such department or agency in fiscal year 2012 or any 
previous fiscal year:  Provided, That for the purposes of this section, 
obligated balances shall not include obligations made through bilateral 
agreements unless 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 2012 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.
    (e) Section 604(e)(1) of the Secure Embassy Construction and 
Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is amended by 
striking ``providing new,'' and inserting in its place ``providing, 
maintaining, repairing, and renovating''.

                           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.

                         local guard contracts

    Sec. 7006.  In evaluating proposals for local guard contracts, the 
Secretary of State shall award contracts in accordance with section 136 
of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 
(22 U.S.C. 4864), except that the Secretary may grant authorization to 
award such contracts on the basis of best value as determined by a 
cost-technical tradeoff analysis (as described in Federal Acquisition 
Regulation part 15.101) in Iraq, Afghanistan, and Pakistan, 
notwithstanding subsection (c)(3) of such section:  Provided, That the 
authority in this section shall apply to any options for renewal that 
may be exercised under such contracts that are awarded during the 
current fiscal year:  Provided further, That prior to issuing a 
solicitation for a contract to be awarded pursuant to the authority 
under this section, the Secretary of State shall consult with the 
Committees on Appropriations.

        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 a coup d'etat or decree 
that is supported by the military:  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 section 7015(a) and (b) 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 2012, 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 appropriation 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 they 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 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, 2012, 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 Counter-Insurgency Fund'':  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, 8, 
11, and 12 of part I, section 661, section 667, 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 headings 
``Assistance for Europe, Eurasia and Central Asia'' and ``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.

            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 2011 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 2012 
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.

                         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.

                reprogramming 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 2012, 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.
    (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 2012, 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'', ``Assistance for Europe, Eurasia and 
Central Asia'', ``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'', ``Global 
Security Contingency Fund'', ``Foreign Military Financing Program'', 
``International Military Education and Training'', ``Pakistan Counter-
Insurgency Capability Fund'', 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 IV 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.
    (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, Pakistan, Cuba, 
Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Burma, Yemen, Mexico, 
Kazakhstan, Uzbekistan, Somalia, Sri Lanka, 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, shall remain available for obligation until 
September 30, 2013.

   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 obligated or 
expended for any country or organization if the President certifies 
that the use of such funds by any such country or organization would 
violate any provisions related to abortions and involuntary 
sterilizations in section 104(f)(1), (2), and (3) of such Act.

                              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; or
                    (B) otherwise supports international terrorism.
            (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 VI 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; 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 the agency shall promptly report to the 
Committees on Appropriations whenever it is conducting activities or is 
proposing to conduct activities in a country for which assistance is 
prohibited.

                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.

                           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.--
Section 123 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151u) is 
amended by adding the following new subsection at the end:
    ``(i)(1) 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--
            ``(A) funds made available to carry out this chapter and 
        chapters 10, 11, and 12 of part I and chapter 4 of part II; or
            ``(B) funds made available for economic assistance 
        activities under the Support for East European Democracy (SEED) 
        Act of 1989 (22 U.S.C. 5401 et seq.).
    ``(2) The President shall submit to Congress, in accordance with 
section 634A, advance notice of an intent to obligate funds under the 
authority of this subsection to furnish assistance in support of 
programs of nongovernmental organizations.
    ``(3) This subsection shall not apply--
            ``(A) with respect to section 620A of this Act or any 
        comparable provision of law prohibiting assistance to 
        governments that support international terrorism; or
            ``(B) with respect to section 116 of this Act or any 
        comparable provision of law prohibiting assistance to the 
        government of a country that violates internationally 
        recognized human rights.
    ``(4) Nothing in this subsection shall be construed to alter any 
existing statutory prohibitions against abortion or involuntary 
sterilization contained in this or any other Act.''.
    (b) Public Law 480.--During fiscal year 2012, restrictions 
contained in this or any other Act with respect to assistance for a 
country shall not be construed to restrict assistance under the Food 
for Peace Act (Public Law 83-480, as amended):  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.

                  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; or
            (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.

                  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) Of the funds appropriated under title V of this Act that are 
available for payments to international financial institutions, 10 
percent should not be obligated for any such institution until the 
Secretary of the Treasury reports to the Committees on Appropriations 
that the institution is implementing effective practices to protect 
whistleblowers (including the institution's employees and others 
affected by the institution's operations) from retaliation for internal 
and lawful public disclosures, including--
            (1) best practices for legal burdens of proof;
            (2) access to independent adjudicative bodies, including 
        external arbitration based on consensus selection and shared 
        costs;
            (3) results that eliminate the effects of proven 
        retaliation; and
            (4) a minimum of a 6-month statute of limitations for 
        reporting retaliation.
    (c) The Secretary of the Treasury shall instruct the United States 
executive director of each international financial institution to 
oppose any loan, grant, strategy or policy of such institution that 
would require user fees or service charges on poor people for primary 
education or primary healthcare, including prevention, care and 
treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and 
maternal health, in connection with such institution's financing 
programs.
    (d) 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.
    (e) The Secretary of the Treasury shall instruct the United States 
executive directors of the international financial institutions to use 
the voice and vote of the United States to oppose any assistance by 
such 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.
    (f) 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.

             authority to engage in debt buybacks or sales

    Sec. 7031. (a) Loans Eligible for Sale, Reduction, or 
Cancellation.--
            (1) Authority to sell, reduce, or cancel certain loans.--
        Notwithstanding any other provision of law, the President may, 
        in accordance with this section, sell to any eligible purchaser 
        any concessional loan or portion thereof made before January 1, 
        1995, pursuant to the Foreign Assistance Act of 1961, to the 
        government of any eligible country as defined in section 702(6) 
        of that Act or on receipt of payment from an eligible 
        purchaser, reduce or cancel such loan or portion thereof, only 
        for the purpose of facilitating--
                    (A) debt-for-equity swaps, debt-for-development 
                swaps, or debt-for-nature swaps; or
                    (B) a debt buyback by an eligible country of its 
                own qualified debt, only if the eligible country uses 
                an additional amount of the local currency of the 
                eligible country, equal to not less than 40 percent of 
                the price paid for such debt by such eligible country, 
                or the difference between the price paid for such debt 
                and the face value of such debt, to support activities 
                that link conservation and sustainable use of natural 
                resources with local community development, and child 
                survival and other child development, in a manner 
                consistent with sections 707 through 710 of the Foreign 
                Assistance Act of 1961, if the sale, reduction, or 
                cancellation would not contravene any term or condition 
                of any prior agreement relating to such loan.
            (2) Terms and conditions.--Notwithstanding any other 
        provision of law, the President shall, in accordance with this 
        section, establish the terms and conditions under which loans 
        may be sold, reduced, or canceled pursuant to this section.
            (3) Administration.--The Facility, as defined in section 
        702(8) of the Foreign Assistance Act of 1961, shall notify the 
        administrator of the agency primarily responsible for 
        administering part I of the Foreign Assistance Act of 1961 of 
        purchasers that the President has determined to be eligible, 
        and shall direct such agency to carry out the sale, reduction, 
        or cancellation of a loan pursuant to this section:  Provided, 
        That such agency shall make adjustment in its accounts to 
        reflect the sale, reduction, or cancellation.
            (4) Limitation.--The authorities of this subsection shall 
        be available only to the extent that appropriations for the 
        cost of the modification, as defined in section 502 of the 
        Congressional Budget Act of 1974, are made in advance.
    (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or 
cancellation of any loan sold, reduced, or canceled pursuant to this 
section shall be deposited in the United States Government account or 
accounts established for the repayment of such loan.
    (c) Eligible Purchasers.--A loan may be sold pursuant to subsection 
(a)(1)(A) only to a purchaser who presents plans satisfactory to the 
President for using the loan for the purpose of engaging in debt-for-
equity swaps, debt-for-development swaps, or debt-for-nature swaps.
    (d) Debtor Consultations.--Before the sale to any eligible 
purchaser, or any reduction or cancellation pursuant to this section, 
of any loan made to an eligible country, the President should consult 
with the country concerning the amount of loans to be sold, reduced, or 
canceled and their uses for debt-for-equity swaps, debt-for-development 
swaps, or debt-for-nature swaps.
    (e) Availability of Funds.--The authority provided by subsection 
(a) may be used only with regard to funds appropriated by this Act 
under the heading ``Debt Restructuring''.

                           special provisions

    Sec. 7032. (a) Afghanistan, Pakistan, Iraq, Lebanon, Victims of 
War, Displaced Children, and Displaced Burmese.--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, and funds appropriated under 
titles III and VI of this Act that are made available for assistance 
for Pakistan, Iraq, and Lebanon and for victims of war, displaced 
children, 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 except section 
620M of the Foreign Assistance Act, as amended by this Act.
    (b) Waiver.--
            (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 President pro tempore of the Senate, the 
        Speaker of the House of Representatives, and the Committees on 
        Appropriations that it is important to the national security 
        interests of the United States.
            (2) Period of application of waiver.--Any waiver pursuant 
        to paragraph (1) 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.
            (3) Not later than 30 days after enactment of this Act, the 
        Secretary of State shall submit to the Committees on 
        Appropriations specific recommendations on appropriate actions 
        to be taken with respect to the Palestine Liberation 
        Organization's status in the United States, especially about 
        the closing of its office, if Palestine seeks to become a 
        member or non-member state of the United Nations outside an 
        agreement negotiated between Israel and the Palestinians.
    (c) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, the United 
States Agency for International Development (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.
    (d) 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.
    (e) Extension of Authority.--The Foreign Operations, Export 
Financing, and Related Programs Appropriations Act, 1990 (Public Law 
101-167) is amended--
            (1) In section 599D (8 U.S.C. 1157 note)--
                    (A) in subsection (b)(3), by striking ``and 2011'' 
                and inserting ``2011, and 2012''; and
                    (B) in subsection (e), by striking ``June 1, 2011'' 
                each place it appears and inserting ``October 1, 
                2012''; and
            (2) in section 599E (8 U.S.C. 1255 note) in subsection 
        (b)(2), by striking ``2011'' and inserting ``2012''.
    (f) World Food Program.--Funds managed by the Bureau for Democracy, 
Conflict, and Humanitarian Assistance, USAID, from this or any other 
Act, shall be made available as a general contribution to the World 
Food Program, notwithstanding any other provision of law.
    (g) 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'' 
should 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.
    (h) Contingencies.--During fiscal year 2012, the President may use 
up to $75,000,000 under the authority of section 451 of the Foreign 
Assistance Act of 1961, notwithstanding any other provision of law.
    (i) Consolidation of Reports.--The Secretary of State, in 
coordination with the USAID Administrator, shall submit to the 
Committees on Appropriations not later than 90 days after enactment of 
this Act recommendations for the consolidation or combination of 
reports (including plans and strategies) that are called for by any 
provision of law to be submitted to the Congress and that are 
substantially duplicative of others called for by any other provision 
of law:  Provided, That reports are considered ``substantially 
duplicative'' if they are required to address at least more than half 
of the same substantive factors, criteria and issues that are required 
to be addressed by any other report, and any such consolidated report 
must address all the substantive factors, criteria and issues required 
to be addressed in each of the individual reports:  Provided further, 
That reports affected by this subsection are those within the purview 
of, or prepared primarily by, the Department of State and USAID and 
that relate to matters addressed under this Act or any other Act 
authorizing or appropriating funds for use by, or actions of, the 
Department of State or USAID.
    (j) Promotion of Democracy.--
            (1) 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.
            (2) 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.
            (3) 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.
            (4) Of the funds appropriated under the heading ``Economic 
        Support Fund'', up to $25,000,000 shall be made available to 
        the Bureau of Democracy, Human Rights and Labor for programs to 
        promote human rights by expanding open and uncensored access to 
        information and communication through the Internet, mobile 
        phones, and other connection technologies including digital 
        safety training, policy and advocacy, and the development of 
        circumvention and secure communication technologies, as 
        identified in the Department of State's Internet freedom 
        strategy:  Provided, That funds made available by this section 
        should be matched by sources other than the United States 
        Government, as appropriate:  Provided further, That the 
        Secretary of State shall coordinate the uses of circumvention 
        and secure communications technologies with the Administrator 
        of the United States Agency for International Development 
        (USAID) and the Broadcasting Board of Governors, as 
        appropriate:  Provided further, That the circumvention 
        technologies and programs supported by funds made available by 
        this Act, Public Law 111-117 or Public Law 112-10 shall undergo 
        a peer review, to include an assessment of the protection 
        against such technologies being used for illicit purposes, 
        including to further the communications capabilities of 
        extremist groups or their supporters:  Provided further, That 
        prior to the obligation of funds, the Secretary of State shall 
        submit to the Committees on Appropriations a report detailing 
        planned expenditures of funds made available for activities to 
        promote Internet freedom:  Provided further, That not later 
        than September 30, 2012, the Secretary of State, in 
        coordination with the USAID Administrator, shall submit a 
        report to the Committees on Appropriations listing programs 
        supported by the Department of State and USAID to promote 
        Internet freedom, including an assessment of the results of 
        such programs, and detailing how such programs further, and are 
        coordinated with cyber diplomacy and the United States 
        International Strategy for Cyberspace.
    (k) Accountability Review Boards.--The authority provided by 
section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism 
Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect through 
September 30, 2012.
    (l) Partner Vetting.--The provisions of section 7034(o) of division 
F of Public Law 111-117 shall remain in effect through fiscal year 
2012.
    (m) Motor Vehicle Pollution Control.--Not later than 90 days after 
enactment of this Act, the head of each United States Government agency 
that receives funds appropriated by this Act shall establish a policy 
to eliminate unnecessary idling of motor vehicles owned or leased by 
such department or agency, and provide a copy of such policy to the 
Committees on Appropriations including an estimate of the amount of 
annual fuel savings that will result from such policy:  Provided, That 
such policy may include exceptions to accommodate important security, 
health, or safety concerns, and if necessary to perform an important 
job function, ensure safe operating conditions, or to operate a motor 
vehicle in accordance with manufacturer specifications.
    (n) Protections and Remedies for Employees of Diplomatic Missions 
and International Organizations.--The Secretary of State shall 
implement section 203(a)(2) of the William Wilberforce Trafficking 
Victims Protection Reauthorization Act of 2008 (Public Law 110-457):  
Provided, That in determining whether to suspend the issuance of A-3 or 
G-5 visas to applicants seeking to work for officials of a diplomatic 
mission or international organization, the Secretary shall consider 
whether a final court judgment has been issued against a current or 
former employee of such mission or organization (and the time period 
for a final appeal has expired) or whether the Department of State has 
requested that immunity of individual diplomats or family members be 
waived to permit criminal prosecution:  Provided further, That the 
Secretary should continue to assist in obtaining payment of final court 
judgments awarded to A-3 and G-5 visa holders, including encouraging 
the sending states to provide compensation directly to victims:  
Provided further, That the Secretary shall include, in a manner the 
Secretary deems appropriate, all trafficking cases involving A-3 or G-5 
visa holders in the Trafficking in Persons annual report for which a 
final civil judgment has been issued (and the time period for final 
appeal has expired) or the Department of Justice has determined that 
the United States Government would seek to indict the diplomat or a 
family member but for diplomatic immunity.
    (o) Modification of Amendment.--Section 620J of the Foreign 
Assistance Act of 1961 (Limitation on Assistance to Security Forces) is 
amended as follows:
            (1) by redesignating the section as section 620M;
            (2) in subsection (a), by striking ``evidence'' and 
        inserting ``information'' and by striking ``gross violations'' 
        and inserting ``a gross violation'';
            (3) in subsection (b), by striking ``measures'' and 
        inserting ``steps''; and
            (4) by adding the following subsections:
    ``(d) Credible Information.--Not later than 180 days after the 
enactment of this section, the Secretary shall establish, and 
periodically update, procedures to--
            ``(1) ensure that for each country the Department of State 
        has a current list of all security force units receiving United 
        States training, equipment, or other types of assistance;
            ``(2) facilitate receipt by the Department of State and 
        United States embassies of information from individuals and 
        organizations outside the United States Government about gross 
        violations of human rights by security force units;
            ``(3) routinely request and obtain such information from 
        the Department of Defense, the Central Intelligence Agency, and 
        other United States Government sources;
            ``(4) ensure that such information is evaluated and 
        preserved;
            ``(5) ensure that when vetting an individual for 
        eligibility to receive United States training the individual's 
        unit is also vetted;
            ``(6) seek to identify the unit involved when credible 
        information of a gross violation exists but the identity of the 
        unit is lacking; and
            ``(7) make publicly available, to the maximum extent 
        practicable, the identity of those units for which the 
        Secretary has credible information.
    ``(e) Report.--The Secretary shall provide a copy of the procedures 
to the Committees on Appropriations.''
    (p) Sections Repealed.--Sections 494, 495, and 495B through 495K of 
the Foreign Assistance Act of 1961 are hereby repealed.
    (q) Annuitant Waiver.--
            (1) Section 824 of the Foreign Service Act of 1980 (22 
        U.S.C. 4064) is amended in subsection (g)--
                    (A) in paragraph (1)(B), by inserting ``to 
                positions in the Response Readiness Corps,'' before 
                ``or to posts vacated''; and
                    (B) in paragraph (2), by striking ``2011'' and 
                inserting in lieu thereof ``2013''.
            (2) Section 61 of the State Department Basic Authorities 
        Act of 1956 (22 U.S.C. 2733) is amended in subsection (a)--
                    (A) in paragraph (1), by inserting ``to positions 
                in the Response Readiness Corps,'' before ``or to posts 
                vacated''; and
                    (B) in paragraph (2), by striking ``2011'' and 
                inserting in lieu thereof ``2013''.
            (3) Section 625 of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2385) is amended in subsection (j)(1)--
                    (A) in subparagraph (A), by inserting ``to 
                positions in the Response Readiness Corps,'' before 
                ``or to posts vacated''; and
                    (B) in subparagraph (B), by striking ``2011'' and 
                inserting in lieu thereof ``2013''.
    (r) Incentives for Critical Posts.--The authority contained in 
section 1115(d) of Public Law 111-32 shall remain in effect through 
fiscal year 2012.
    (s) Reports Repealed.--Section 4(b) of Public Law 79-264; section 
51(a)(2) of Public Law 84-885; sections 133(d), 620C(c) and 620F(c) of 
Public Law 87-195; section 807 of Public Law 98-164; section 704(c) of 
Public Law 101-179; section 104 of Public Law 102-511; section 560(g) 
of Public Law 103-87; sections 514(a) and 527(f) of Public Law 103-236; 
section 605(c) of Appendix G, Public Law 106-113; sections 3203 and 
3204(f) of division B of Public Law 106-246; section 564(g)(4) of 
Public Law 106-429; section 304(f) of Public Law 107-173; sections 
694(a), 694(b), 702, 704 and 1321 of Public Law 107-228; and section 
409(c) of Public Law 108-447 are hereby repealed.
    (t) Fee.--Section 1(b)(2) of the Passport Act of June 4, 1920 (22 
U.S.C. 214(b)(2)) is amended by striking ``2011'' and inserting instead 
``2012''.
    (u) Conflict Stabilization Operations Authority.--Of the funds 
appropriated in title I of this Act under the heading ``Diplomatic and 
Consular Programs'', up to $35,000,000, to remain available until 
expended, may be made available pursuant to the authorities under the 
heading ``Civilian Stabilization Initiative'' in title I of division F 
of Public Law 111-117:  Provided, That the third and fourth proviso 
under such heading shall not apply to funds made available under this 
subsection.
    (v) Transfer of Authority.--
            (1) The State Department Basic Authorities Act of 1956 is 
        amended in section 1(c)(1) (22 U.S.C. 2651a(c)(1)) by striking 
        ``24'' and inserting instead ``26''.
            (2) The Secretary of State may transfer any authority, 
        duty, or function assigned by statute to the Coordinator for 
        Counterterrorism, the Coordinator for Reconstruction and 
        Stabilization, or the Coordinator for International Energy 
        Affairs (or to their respective offices) to such other 
        officials or offices of the Department of State as the 
        Secretary may determine from time to time, following 
        consultation with the Committees on Appropriations.
    (w) Country Expenditures.--Except to respond to humanitarian crises 
or natural or man-made disasters, or to promote democracy or protect 
human rights, funds appropriated under the headings ``Global Health 
Programs'', ``Development Assistance'', ``Economic Support Fund'', 
``Millennium Challenge Corporation'', and ``International Narcotics 
Control and Law Enforcement'' shall not be made available for programs 
and activities in any country whose government is not increasing its 
own budgetary expenditures for such programs and activities.
    (x) Personnel.--The authority provided by section 1113 of Public 
Law 111-32 shall remain in effect through fiscal year 2012:  Provided, 
That none of the funds appropriated or otherwise made available by this 
Act or any other Act making appropriations for the Department of State, 
foreign operations, and related programs may be used to implement phase 
3 of such authority.
    (y) International Child Abductions.--The Secretary of State may 
withhold funds appropriated by this Act under the heading ``Economic 
Support Fund'' for assistance for the central government of any country 
that the Secretary determines is not taking appropriate steps to comply 
with the Convention on the Civil Aspects of International Child 
Abductions, done at the Hague on October 25, 1980:  Provided, That the 
Secretary shall report to the Committees on Appropriations within 15 
days of making any such determination.

                     arab league boycott of israel

    Sec. 7033.  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. 7034. (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 7038 of this Act (``Limitation on Assistance for the 
Palestinian Authority'').

           restrictions concerning the palestinian authority

    Sec. 7035.  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. 7036.  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. 7037. (a) Oversight.--For fiscal year 2012, 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 act, 
        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 2012 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.

         limitation on assistance for the palestinian authority

    Sec. 7038. (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 a government over which Hamas exercises 
        undue influence.
            (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.

                               near east

    Sec. 7039. (a) Egypt.--
            (1) Notwithstanding any other provision of this Act, funds 
        appropriated by this Act under the heading ``Foreign Military 
        Financing Program'' for assistance for Egypt may be transferred 
        to, and merged with, funds appropriated for assistance for 
        Egypt under the heading ``Economic Support Fund'':  Provided, 
        That such transfer may only be made following consultation 
        with, and subject to the regular notification procedures of, 
        the Committees on Appropriations.
            (2)(A) None of the funds appropriated by this Act 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) The Secretary of State may waive paragraph (2)(A) if 
        the Secretary determines and reports to the Committees on 
        Appropriations that to do so is important to the national 
        interests of the United States:  Provided, That any such 
        determination and report shall include a detailed justification 
        for such waiver.
            (3)(A) Funds appropriated under the heading ``Economic 
        Support Fund'' in this and prior Acts (including previously 
        obligated funds), may be made available, notwithstanding any 
        other provision of law, for an Egypt initiative, particularly 
        for the specific costs referred to in the authorities 
        referenced herein, for the purpose of improving the lives of 
        the Egyptian people through education, investment in jobs and 
        skills (including secondary and vocational education), and 
        access to finance for small and medium enterprise with emphasis 
        on expanding opportunities for women, as well as other 
        appropriate market-reform and economic growth activities:  
        Provided, That the provisions of title VI of Public Law 103-306 
        pertaining to funds for Jordan shall be deemed to apply to any 
        such initiative and to funds available under this section to 
        carry out such an initiative in the same manner as such cited 
        provisions apply to Jordan, subject to the following provisos:  
        Provided further, That subparagraph (b)(2) shall be deemed not 
        to apply and the amount made available pursuant to this section 
        as set forth in the report accompanying this Act and 
        incorporated herein shall be deemed to apply in lieu of the 
        figure in subparagraph (b)(1):  Provided further, That the 
        authority to reduce debt shall include authority to exchange an 
        outstanding obligation for a new obligation and to permit both 
        principal and interest payments on new obligations to be 
        deposited into a fund established for such purpose, to be used 
        in accordance with purposes set forth in an agreement between 
        the United States and Egypt:  Provided further, That the 
        authority of this paragraph shall only be made available after 
        the Secretary of State certifies to the Committees on 
        Appropriations that the Government of Egypt has held free and 
        fair elections and is implementing policies to protect the 
        rights of journalists, due process, and freedoms of expression 
        and association.
    (b) Enterprise Funds.--Up to $60,000,000 of funds appropriated 
under the heading ``Economic Support Fund'' in this Act and prior acts 
making appropriations for the Department of State, foreign operations, 
and related programs (and including previously obligated funds), that 
are available for assistance for Egypt, up to $20,000,000 of such funds 
that are available for assistance for Tunisia, up to $60,000,000 of 
such funds that are available for assistance for Pakistan, and up to 
$60,000,000 of such funds that are available for assistance for Jordan, 
respectively, may be made available notwithstanding any other provision 
of law, to establish and operate one or more enterprise funds for 
Egypt, Tunisia, Pakistan, and Jordan, respectively:  Provided, That 
provisions contained in section 201 of the Support for East European 
Democracy (SEED) Act of 1989 (excluding the provisions of subsections 
(b)(c)(d)(3) and (f) of that section), shall be deemed to apply to any 
such fund or funds, and to funds made available to such fund or funds, 
in order to enable such fund or funds to provide assistance for 
purposes of this section:  Provided further, That section 7077 of 
division F of Public Law 111-117 shall apply to any such fund or funds 
established pursuant to this subsection:  Provided further, That not 
more than 5 percent of the funds made available pursuant to this 
subsection should be available for administrative expenses of such fund 
or funds and not later than 1 year after the date of enactment of this 
Act, and annually thereafter until each fund is dissolved, each fund 
shall submit to the Committees on Appropriations a report detailing the 
administrative expenses of such fund:  Provided further, That each fund 
shall be governed by a Board of Directors comprised of six private 
United States citizens and three private citizens of each country, 
respectively, who have had international business careers and 
demonstrated expertise in international and emerging markets investment 
activities:  Provided further, That not later than 1 year after the 
entry into force of the initial grant agreement under this section and 
annually thereafter, each fund shall prepare and make available to the 
public on an Internet Web site administered by the fund a detailed 
report on the fund's activities during the previous year:  Provided 
further, That the authority of any such fund or funds to provide 
assistance shall cease to be effective on December 31, 2022:  Provided 
further, That funds made available pursuant to this section shall be 
subject to prior consultation with the Committees on Appropriations.
    (c) 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 2012 as if part of this Act:  Provided, That 
        the date in subsecton (c)(1) shall be deemed to be ``September 
        31, 2012''.
    (d) 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 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) Funds appropriated or otherwise made available by this 
        Act for security-related programs in Iraq may only be made 
        available if the Secretary of State certifies to the Committees 
        on Appropriations that the Government of Iraq has committed to 
        contributing to, and sustaining, such programs, including 
        details on the manner in which such contributions and 
        sustainment will be achieved.
            (4) Of the funds appropriated by this Act for assistance 
        for Iraq under the heading ``Economic Support Fund'', not less 
        than $10,000,000 shall be made available for programs and 
        activities for which policy justifications and decisions shall 
        be the responsibility of the United States Chief of Mission in 
        Iraq.
    (e) Lebanon.--
            (1) None of the funds appropriated by this Act may be made 
        available for assistance for the Government of Lebanon if such 
        government is controlled by a foreign terrorist organization.
            (2) Funds appropriated under the heading ``Foreign Military 
        Financing Program'' in this Act for assistance for Lebanon may 
        be made available only to professionalize the Lebanese Armed 
        Forces and to strengthen border security and combat terrorism, 
        including training and equipping the Lebanese Armed Forces to 
        secure Lebanon's borders, interdicting arms shipments, 
        preventing the use of Lebanon as a safe haven for terrorist 
        groups, and to implement United Nations Security Council 
        Resolution 1701:  Provided, That funds may not be made 
        available for obligation until the Secretary of State provides 
        the Committees on Appropriations a detailed spending plan:  
        Provided further, That such plan 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.
    (f) Libya.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'', not less than $20,000,000 should be 
        made available to promote democracy, transparent and 
        accountable governance, human rights, transitional justice, and 
        the rule of law in Libya, and for exchange programs between 
        Libyan and American students:  Provided, That such funds shall 
        be made available, to the maximum extent practicable, on a cost 
        matching basis.
            (2) None of the funds appropriated by this Act may be made 
        available for assistance for Libya for the rehabilitation or 
        reconstruction of infrastructure except on a loan basis with 
        terms favorable to the United States, and only following 
        consultation with the Committees on Appropriations.
    (g) Morocco.--Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' for assistance for 
Morocco, $1,000,000 shall be withheld from obligation until the 
Secretary of State submits a report to the Committees on Appropriations 
on steps being taken by the Government of Morocco to--
            (1) respect the right of individuals to peacefully express 
        their opinions regarding the status and future of the Western 
        Sahara and to document violations of human rights; and
            (2) provide unimpeded access to human rights organizations, 
        journalists, and representatives of foreign governments to the 
        Western Sahara.
    (h) Syria.--Notwithstanding any other provision of law, funds 
appropriated by this Act shall be made available to promote democracy 
and protect human rights in Syria:  Provided, That a portion of such 
funds should be programmed in coordination with the Government of 
Turkey and other governments in the region, as appropriate.

                   aircraft transfer and coordination

    Sec. 7040. (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 a determination by the Secretary of State 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 the 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.

                           western hemisphere

    Sec. 7041. (a) Central America and the Caribbean.--Funds 
appropriated by this Act shall be made available for the Central 
America Regional Security Initiative (CARSI) and for the Caribbean 
Basin Security Initiative (CBSI) to strengthen the capacity and 
professionalism of civilian law enforcement and judicial institutions.
    (b) Colombia.--
            (1) Assistance.--
                    (A) Funds appropriated by this Act and made 
                available to the Department of State for counter-
                narcotics or other law enforcement assistance for the 
                Government of Colombia may be used to support a unified 
                campaign against narcotics trafficking and 
                organizations designated as Foreign Terrorist 
                Organizations and successor organizations, and to take 
                actions to protect human health and welfare in 
                emergency circumstances, including undertaking rescue 
                operations:  Provided, That no United States Armed 
                Forces personnel or United States civilian contractor 
                employed by the United States will participate in any 
                combat operation in connection with assistance made 
                available by this Act for Colombia:  Provided further, 
                That the President shall ensure that if any helicopter 
                procured with funds in this Act or prior Acts making 
                appropriations for the Department of State, foreign 
                operations, and related programs, is used to aid or 
                abet the operations of any illegal self-defense group, 
                paramilitary organization, illegal security cooperative 
                or successor organizations in Colombia, such helicopter 
                shall be immediately returned to the United States:  
                Provided further, That none of the funds appropriated 
                by this Act or prior Acts making appropriations for the 
                Department of State, foreign operations, and related 
                programs may be made available for assistance for the 
                Colombian Departamento Administrativo de Seguridad 
                (DAS) or successor organizations.
                    (B) None of the funds appropriated by this Act 
                under the heading ``International Narcotics Control and 
                Law Enforcement'' that are available for assistance for 
                Colombia for the procurement of chemicals for aerial 
                drug eradication may be made available unless the 
                Secretary of State certifies to the Committees on 
                Appropriations that any complaints of harm to health or 
                licit crops caused by such aerial eradication are 
                thoroughly investigated and evaluated, and fair 
                compensation is paid in a timely manner for meritorious 
                claims:  Provided further, That the Secretary shall 
                submit a report to the Committees on Appropriations not 
                later than 6 months after enactment of this Act and 6 
                months thereafter detailing the complaints made during 
                the previous 6 months, the investigations conducted, 
                and the amount of compensation, if any:  Provided 
                further, That such funds may not be made available for 
                such purposes unless voluntary eradication programs are 
                not feasible and programs are being implemented by the 
                United States Agency for International Development, the 
                Government of Colombia, or other organizations, in 
                consultation and coordination with local communities, 
                to provide alternative sources of income in areas where 
                security permits for small-acreage growers and 
                communities whose illicit crops are targeted for aerial 
                eradication:  Provided further, That none of the funds 
                appropriated by this Act for assistance for Colombia 
                shall be made available for the cultivation or 
                processing of African oil palm, if doing so would 
                contribute to significant loss of native species, 
                disrupt or contaminate natural water sources, reduce 
                local food security, or cause the forced displacement 
                of local people:  Provided further, That funds 
                appropriated by this Act may not be used for aerial 
                drug eradication in Colombia's national parks or 
                reserves unless the Secretary of State certifies to the 
                Committees on Appropriations that there are no 
                effective alternatives and the eradication is in 
                accordance with Colombian laws.
            (2) Applicability of fiscal year 2009 provisions.--
                    (A) In general.--Except as provided in paragraph 
                (2), the provisions of subsections (b) through (f) of 
                section 7046 of the Department of State, Foreign 
                Operations, and Related Programs Appropriations Act, 
                2009 (division H of Public Law 111-8), as amended by 
                section 7046 (b)(2)(A) of division F of Public Law 111-
                117, shall apply to funds appropriated or otherwise 
                made available by this Act for assistance for Colombia.
                    (B) Exceptions.--The following provisions of 
                section 7046 of division H of Public Law 111-8 shall 
                apply to funds appropriated or otherwise made available 
                by this Act for assistance for Colombia as follows:
                            (i) Subsection (b)(1)(B) is amended as 
                        follows:
                                    (I) By striking clause (i) and 
                                inserting the following:
                            ``(i) The Colombian Armed Forces are 
                        suspending those members, of whatever rank, who 
                        have been credibly alleged to have violated 
                        human rights, or to have aided, abetted or 
                        benefitted from paramilitary organizations or 
                        successor armed groups; all such cases are 
                        promptly referred to civilian jurisdiction for 
                        investigation and prosecution, and the 
                        Colombian Armed Forces are no longer opposing 
                        civilian judicial jurisdiction in such cases; 
                        and the Colombian Armed Forces are cooperating 
                        fully with civilian prosecutors and judicial 
                        authorities.''.
                                    (II) By striking clause (iv) and 
                                inserting the following:
                            ``(iv) The Government of Colombia is 
                        respecting the rights of human rights 
                        defenders, journalists, trade unionists, and 
                        other social activists, and the rights and 
                        territory of indigenous and Afro-Colombian 
                        communities; and the Colombian Armed Forces are 
                        implementing procedures to distinguish between 
                        civilians, including displaced persons, and 
                        combatants, in their operations.''.
                            (ii) Subsection (b)(2) shall be applied by 
                        substituting ``July 31, 2012'' for the date 
                        contained therein;
                            (iii) Subsection (c) shall be applied by 
                        substituting ``September 30, 2012'' for the 
                        date contained therein; and
                            (iv) Subsection (d)(1) shall be applied by 
                        substituting ``fiscal year 2012'' for the 
                        fiscal year contained therein.
                    (C) Report.--Not later than 90 days after enactment 
                of this Act, the Secretary of State shall submit a 
                report to the Committees on Appropriations detailing 
                any United States funding, assistance or other support 
                for the DAS, its officials, employees, affiliates and 
                contractors during the period 2002 through 2010, 
                including but not limited to training, equipment, 
                information sharing, technical assistance, and 
                facilities construction:  Provided, That to the maximum 
                extent possible the report shall be provided in 
                unclassified form, but may also include a classified 
                annex.
    (c) Guatemala.--
            (1) Of the funds appropriated in this Act under the heading 
        ``International Narcotics Control and Law Enforcement'' not 
        less than $5,000,000 shall be made available for a United 
        States contribution to the International Commission Against 
        Impunity in Guatemala (CICIG).
            (2) Funds appropriated under the heading ``International 
        Military Education and Training'' (IMET) that are available for 
        assistance for the Guatemalan Army may only be made available 
        for expanded IMET.
            (3) None of the funds appropriated under the heading 
        ``Foreign Military Financing Program'' may be made available 
        for assistance for the Guatemalan Army, except that such funds 
        may be made available for the Army Corps of Engineers only to 
        improve disaster response capabilities and to participate in 
        international peacekeeping operations.
    (d) Haiti.--
            (1) 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.
            (2) Funds appropriated under the heading ``Economic Support 
        Fund'' in this Act and prior Acts that are made available for 
        assistance for Haiti shall be made available, to the maximum 
        extent practicable, in a manner that emphasizes the 
        participation of Haitian civil society organizations and 
        directly improves the security, economic and social well-being, 
        and political status, of Haitian women and girls.
    (e) Honduras.--Funds appropriated by this Act that are available 
for assistance for police forces in Honduras may not be made available 
until the Secretary of State certifies to the Committees on 
Appropriations that the Government of Honduras is investigating, 
prosecuting, and punishing police officers who have violated human 
rights and the Honduran police are cooperating with civilian judicial 
authorities in such cases.
    (f) Mexico.--Funds appropriated by this Act that are available to 
support anti-crime and counter-narcotics efforts in Mexico shall be 
made available to strengthen the capacity of civilian law enforcement 
and judicial institutions.
    (g) Trade Capacity.--Of the funds appropriated by this Act, not 
less than $10,000,000 under the heading ``Development Assistance'' and 
not less than $10,000,000 under the heading ``Economic Support Fund'' 
shall be made available for labor and environmental capacity building 
activities relating to free trade agreements with countries of Central 
America, Peru and the Dominican Republic.

                                 serbia

    Sec. 7042. (a) Funds appropriated by this Act may be made available 
for assistance for the central Government of Serbia after May 31, 2012, 
if the Secretary of State has submitted the report required in 
subsection (c).
    (b) After May 31, 2012, the Secretary of the 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.

                   community-based police assistance

    Sec. 7043. (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 sexual and 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.

           prohibition of payments to united nations members

    Sec. 7044.  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. 7045.  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.

                              peacekeeping

    Sec. 7046. (a) Missions.--None of the funds appropriated or 
otherwise made available by title I of this Act 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.
    (b) Assessment.--Section 404(b)(2)(B) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is 
amended by adding the following at the end:
                            ``(vii) For assessments made during 
                        calendar year 2011 and 2012, 27.2 percent.''.

                attendance at international conferences

    Sec. 7047.  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 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.

               restrictions on united nations delegations

    Sec. 7048.  None of the funds made available under title I of 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.

   parking fines and real property taxes owed by foreign governments

    Sec. 7049.  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, 2011''.

                    landmines and cluster munitions

    Sec. 7050. (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. 7051.  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. 7052.  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. 7053. (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, including funds appropriated 
under the heading ``Assistance for Europe, Eurasia and Central Asia'', 
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, 2013.
    (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 nondirect hire 
employees of USAID, who are compensated with funds appropriated to 
carry out part I of the Foreign Assistance Act of 1961, including funds 
appropriated under the heading ``Assistance for Europe, Eurasia and 
Central Asia'', are eliminated.
    (d) Priority Sectors.--In exercising the authority of this section, 
primary emphasis shall be placed on enabling USAID to meet personnel 
positions in technical areas currently encumbered by contractor or 
other nondirect hire personnel.
    (e) 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''.
    (f) 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.
    (g) Disaster Surge Capacity.--Funds appropriated under title III of 
this Act to carry out part I of the Foreign Assistance Act of 1961, 
including funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'', 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 or man-
made disasters.
    (h) Technical Advisors.--Up to $13,500,000 of the funds made 
available in title III of this Act for assistance under the heading 
``Global Health Programs'', may be used to reimburse United States 
Government agencies, agencies of State governments, institutions of 
higher learning, and private and voluntary organizations for the full 
cost of individuals (including for the personal services of such 
individuals) detailed or assigned to, or contracted by USAID for the 
purpose of carrying out activities under that heading:  Provided, That 
up to $3,500,000 of the funds made available by this Act for assistance 
under the heading ``Development Assistance'' may be used to reimburse 
such agencies, institutions, and organizations for such costs of such 
individuals carrying out other development assistance activities.
    (i) 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 10 of 
such contractors shall be assigned to any bureau or office:  Provided 
further, That not more than 15 of such contractors shall be for 
activities related to USAID's Afghanistan or Pakistan programs:  
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.
    (j) 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. 7054. (a) Funds appropriated by titles III and IV of this Act 
that are made available for bilateral assistance for global health 
activities 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:  Provided, That of the funds 
appropriated under title III of this Act, not less than $700,000,000 
shall be made available for family planning/reproductive health, 
including in areas where population growth threatens biodiversity or 
endangered species.
    (b) Not later than 90 days after enactment of this Act, the 
Secretary of State, in consultation with the Administrator of the 
United States Agency for International Development (USAID) shall submit 
to the Committees on Appropriations a report on any cost savings that 
could be achieved by transitioning the function, role, and duties of 
the Office of the United States Global AIDS Coordinator into USAID.
    (c) Not later than 90 days after enactment of this Act, the 
Secretary of State, in consultation with the Administrator of the 
United States Agency for International Development (USAID) shall submit 
to the Committees on Appropriations a report on the status of the 
Quadrennial Diplomacy and Development Review (QDDR) decision to 
transition the leadership of the Global Health Initiative (GHI) to 
USAID, to include the following:
            (1) The metrics developed to measure progress towards 
        meeting each benchmark enumerated in Appendix 2 of the QDDR and 
        the method utilized to develop such metrics;
            (2) The status of, and estimated completion date for, 
        meeting each benchmark; and
            (3) An assessment of meeting the QDDR target date of 
        September 2012 for transition of GHI to USAID, and if such 
        assessment determines that the target date will not be met a 
        detailed explanation of why it will not be met and a revised 
        target date for the transition to be completed.
    (d) Notwithstanding any other provision of law, to include minimum 
funding requirements or funding directives, funds made available by 
this Act and prior Acts making appropriations for the Department of 
State, foreign operations, and related programs may be made available 
to respond to pandemic outbreaks, subject to prior consultation with, 
and the regular notification procedures of, the Committees on 
Appropriations.

                       development grants program

    Sec. 7055.  Of the funds appropriated in title III of this Act, not 
less than $45,000,000 shall be made available for the Development 
Grants Program established pursuant to section 674 of the Department of 
State, Foreign Operations, and Related Programs Appropriations Act, 
2008 (division J of Public Law 110-161), primarily for unsolicited 
proposals, to support grants of not more than $2,000,000 to small 
nongovernmental organizations:  Provided, That funds made available 
under this section are in addition to other funds available for such 
purposes including funds designated by this Act by section 7063.

                  programs to promote gender equality

    Sec. 7056. (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 Secretary of State, in consultation with the heads of other 
relevant Federal agencies, shall develop a National Action Plan in 
accordance with United Nations Security Council Resolution 1325 
(adopted on October 31, 2000) to ensure the United States effectively 
promotes and supports the rights and roles of women in conflict-
affected and post-conflict regions through clear, measurable 
commitments to--
            (1) promote the active and meaningful participation of 
        women in affected areas in all aspects of conflict prevention, 
        management, and resolution;
            (2) integrate the perspectives and interests of affected 
        women into conflict-prevention activities and strategies;
            (3) promote the physical safety, economic security, and 
        dignity of women and girls;
            (4) support women's equal access to aid distribution 
        mechanisms and services; and
            (5) monitor, analyze and evaluate implementation efforts 
        and their impact.
    (f) 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. 7057. (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 sexual and gender-based violence 
prevention and response efforts, and funds appropriated under the 
headings ``International Disaster Assistance'', ``Complex Crises Fund'' 
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 sexual and gender-based 
violence and trafficking in persons.
    (c) Not later than 180 days after enactment of this Act, the 
Secretary of State and the Administrator of the United States Agency 
for International Development shall jointly submit to the Committees on 
Appropriations a multi-year strategy to prevent and respond to violence 
against women and girls in countries where it is common:  Provided, 
That the strategy should reflect the input of local women's 
organizations in such countries and include achievable and sustainable 
goals, benchmarks for measuring progress, and expected results:  
Provided further, That the strategy should include regular engagement 
with men and boys as community leaders and advocates in ending violence 
against women and girls.

                        reconciliation programs

    Sec. 7058.  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.

                         requests for documents

    Sec. 7059.  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.

                     prohibition on use of torture

    Sec. 7060. (a) None of the funds made available in this Act may be 
used to support or justify the use of torture, cruel or inhumane 
treatment by any official or contract employee of the United States 
Government.
    (b) Not later than 90 days after enactment of this Act, the 
Secretary of State shall submit to the Committees on Appropriations a 
report identifying those countries receiving United States assistance 
from funds appropriated by this Act whose police, military, or other 
security forces have been credibly alleged to use torture, as 
determined by the Assistant Secretary of State for Democracy, Human 
Rights and Labor based on the Department of State's most recent Human 
Rights Report and other relevant information.
    (c) Funds appropriated by this Act to carry out the provisions of 
chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961, and the Support for East European 
Democracy (SEED) Act of 1989, shall be made available, notwithstanding 
section 660 of the Foreign Assistance Act of 1961, for assistance to 
eliminate torture by foreign police, military or other security forces 
in countries identified in the report required in subsection (b).

                                 africa

    Sec. 7061. (a) Conflict Minerals.--
            (1) None of the funds appropriated by this Act under the 
        heading ``Foreign Military Financing Program'' may be made 
        available for assistance for Rwanda or Uganda if the Secretary 
        of State has credible evidence that the Government of Rwanda or 
        the Government of Uganda is providing political, military or 
        financial support to armed groups in the Democratic Republic of 
        the Congo (DRC) that are involved in the illegal exportation of 
        minerals out of the DRC or have violated human rights.
            (2) The restriction in paragraph (1) shall not apply to 
        assistance to improve border controls to prevent the illegal 
        exportation of minerals out of the DRC by such groups, to 
        protect relief efforts, or to support the training and 
        deployment of members of the Rwandan or Ugandan militaries in 
        international peacekeeping operations.
    (b) Counter-terrorism 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 Counter-terrorism program.
            (2) In addition to such sums that may otherwise be made 
        available, of the funds appropriated by this Act under the 
        heading ``Economic Support Fund'', $10,000,000 shall be made 
        available for programs to counter extremism in East Africa.
            (3) Not later than 90 days after enactment of this Act, the 
        Secretary of State, in consultation with the Secretary of 
        Defense, shall submit a report to the Committees on 
        Appropriations detailing--
                    (A) the United States Government's multi-year 
                strategy for combating terrorism in Africa;
                    (B) the amount of funding provided, by account, to 
                implement such a strategy, and a brief description of 
                counter-terrorism programs implemented on a country-by-
                country basis;
                    (C) the mechanisms for coordinating such assistance 
                between the Department of State, the United States 
                Agency for International Development, and the 
                Department of Defense, between the United States 
                Government and other international donors, and between 
                the United States Government and respective host 
                governments; and
                    (D) the benchmarks for measuring the strengths and 
                weaknesses in implementing such strategy.
    (c) Crisis Response.--Notwithstanding any other provision of law, 
up to $15,000,000 of the funds appropriated by this Act under the 
heading ``Global Health Programs'' for HIV/AIDS activities may be 
transferred to, and merged with, funds appropriated under the headings 
``Complex Crises Fund'', ``International Disaster Assistance'', 
``Economic Support Fund'', and ``Migration and Refugee Assistance'' to 
respond to unanticipated crises in Africa, except that funds shall not 
be transferred unless the Secretary of State certifies to the 
Committees on Appropriations that no individual currently on anti-
retroviral therapy supported by such funds shall be negatively impacted 
by the transfer of such funds:  Provided, That the authority of this 
subsection shall be subject to prior consultation with the Committees 
on Appropriations.
    (d) Expanded International Military Education and Training.--
            (1) Funds appropriated under the heading ``International 
        Military Education and Training'' (IMET) in this Act that are 
        made available for assistance for Angola, Cameroon, Central 
        African Republic, Chad, Cote d'Ivoire, Guinea and Zimbabwe may 
        be made available only for expanded IMET.
            (2) None of the funds appropriated under the heading 
        ``International Military Education and Training'' in this Act 
        may be made available for assistance for Equatorial Guinea or 
        Somalia.
    (e) Ethiopia.--
            (1) Funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' that are available for 
        assistance for Ethiopia shall not be made available unless the 
        Secretary of State--
                    (A) certifies to the Committees on Appropriations 
                that the Government of Ethiopia is implementing 
                policies to respect due process and freedoms of 
                expression and association, and is permitting access to 
                human rights and humanitarian organizations to the 
                Somalia region of Ethiopia; and
                    (B) submits a report to such Committees on the 
                types and amounts of United States training and 
                equipment proposed to be provided to the Ethiopian 
                military including steps that will be taken to ensure 
                that such assistance is not provided to military units 
                or personnel that have violated human rights, and steps 
                taken by the Government of Ethiopia to investigate and 
                prosecute members of the Ethiopian military who have 
                been credibly alleged to have violated such rights.
            (2) The restriction in paragraph (1) shall not apply to 
        assistance to Ethiopian military efforts in support of 
        international peacekeeping operations and for assistance to the 
        Ethiopian Defense Command and Staff College.
    (f) The Gambia.--The Secretary of the Treasury shall instruct the 
United States executive directors of the international financial 
institutions to vote against any loan, agreement, or other financial 
support for the Gambia, except to meet basic human needs, unless the 
Secretary of State certifies to the Committees on Appropriations that 
the Government of the Gambia is taking effective steps to release and 
account for political prisoners.
    (g) Kenya.--Funds appropriated by this Act under the heading 
``Foreign Military Financing Program'' that are available for 
assistance for Kenya should not be made available unless a thorough, 
credible investigation has been conducted of alleged crimes by Kenyan 
soldiers at Mount Elgon in March 2008, and the responsible individuals 
are being brought to justice.
    (h) Sudan Limitation on Assistance.--
            (1) Subject to paragraph (2):
                    (A) 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 
                unless the Secretary of State certifies to the 
                Committees on Appropriations that such government--
                            (i) has lifted the state of emergency in 
                        Darfur;
                            (ii) is cooperating with and participating 
                        in good faith in an internationally recognized 
                        peace process for Darfur;
                            (iii) is permitting access and freedom of 
                        movement for the United Nations/African Union 
                        Hybrid Mission in Darfur and the delivery of 
                        humanitarian assistance in Darfur, and is 
                        respecting international humanitarian law;
                            (iv) is not engaging in provocative 
                        military operations within Sudan or cross-
                        border destabilization; and
                            (v) has reached a mutually acceptable 
                        agreement with the Republic of South Sudan 
                        regarding the status of Abyei and other 
                        outstanding issues related to implementation of 
                        the Comprehensive Peace Agreement (CPA), 
                        including matters related to oil revenues and 
                        the transit of oil.
                    (B) 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.
            (2) The limitations of paragraph (1) shall not apply to--
                    (A) humanitarian assistance;
                    (B) assistance for the Darfur region, Southern 
                Kordofan, Blue Nile, White Nile, Sennar, other 
                marginalized areas in Sudan, and the Abyei area; and
                    (C) assistance to support implementation of the 
                CPA, mutually agreed upon arrangements related to post-
                referendum issues associated with the CPA, or to 
                promote peace and stability between Sudan and the 
                Republic of South Sudan, or any other internationally 
                recognized viable peace agreement in Sudan.
    (i) 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 natural 
        resource management and ensure transparency and accountability 
        of funds.
    (j) Uganda.--Of the funds appropriated by this Act under the 
headings ``Development Assistance'' and ``International Narcotics 
Control and Law Enforcement'', not less than $1,000,000 shall be made 
available to improve physical access, telecommunications 
infrastructure, and early-warning mechanisms in areas affected by the 
Lord's Resistance Army (LRA), and not less than $1,000,000 shall be 
made available to support the disarmament, demobilization and 
reintegration of former LRA combatants, especially child soldiers.
    (k) 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, including funds for 
        debt restructuring, 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.
    (l) 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, 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. 7062. (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, not less 
        than $7,500,000 of the funds appropriated by this Act under the 
        heading ``Economic Support Fund'' should 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 shall instruct the United 
        States executive directors of the international financial 
        institutions to vote against any loan, agreement, or other 
        financial support for Burma.
            (2) Funds appropriated by this Act 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 to support programs in Burma, along Burma's 
        borders, and for Burmese groups and organizations located 
        outside Burma:  Provided further, That not less than $5,000,000 
        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, in addition to assistance for Burmese refugees 
        appropriated under the heading ``Migration and Refugee 
        Assistance'' in this Act:  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 
effective steps to address allegations of corruption and mismanagement 
within the tribunal.
    (d) Indonesia.--
            (1) Of the funds appropriated by this Act under the heading 
        ``Foreign Military Financing Program'' that are available for 
        assistance for Indonesia, $2,000,000 may not be obligated until 
        the Secretary of State submits to the Committees on 
        Appropriations the report on Indonesia required under such 
        heading in the report accompanying this Act.
            (2) Of the funds appropriated by this Act under the heading 
        ``Economic Support Fund'' that are available for assistance for 
        Indonesia, not less than $400,000 should be made available for 
        grants for capacity building of Indonesian human rights 
        organizations, including in Papua.
    (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) Notwithstanding any other provision of law and subject 
        to prior consultation with, and the regular notification 
        procedures of, the Committees on Appropriations, of the funds 
        appropriated under the heading ``Economic Support Fund'', not 
        less than $20,000,000 shall be made available to United States 
        institutions of higher education and nongovernmental 
        organizations for programs and activities in the People's 
        Republic of China relating to democracy, governance, rule of 
        law, and the environment.
    (f) Philippines.--Of the funds appropriated by this Act under the 
heading ``Foreign Military Financing Program'' that are available for 
assistance for the Philippines, $3,000,000 may not be obligated until 
the Secretary of State submits to the Committees on Appropriations the 
report on the Philippines required under such heading in the report 
accompanying this Act.
    (g) Timor-Leste.--Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $1,000,000 shall be 
made available for higher education scholarships in Timor-Leste.
    (h) Vietnam.--Of the funds appropriated under the heading 
``Economic Support Fund'', not less than $15,000,000 shall be made 
available for remediation of dioxin contaminated sites in Vietnam and 
may be made available for assistance for the Government of Vietnam, 
including the military, for such purposes, and not less than $5,000,000 
under the heading ``Development Assistance'' shall be made available 
for related health/disability activities.

             independent states of the former soviet union

    Sec. 7063. (a) None of the funds appropriated under the heading 
``Assistance for Europe, Eurasia and Central Asia'' may 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, unless the Secretary of 
State determines that to do so is in the national security interests of 
the United States.
    (b) Funds appropriated under the heading ``Assistance for Europe, 
Eurasia and Central Asia'' for the Russian Federation, Armenia, 
Azerbaijan, Kazakhstan, and Uzbekistan shall be subject to the regular 
notification procedures of the Committees on Appropriations.
    (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 nonproliferation 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.

                              central asia

    Sec. 7064.  The terms and conditions of sections 7075(a) through 
(d) and 7076(a) through (e) 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, 2013, 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 
7075(c) to this Act, the report shall be submitted not later than 
October 1, 2012 and 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.

                               south asia

    Sec. 7065. (a) Afghanistan.--
            (1) Limitation.--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 the United States Agency 
        for International Development (USAID), certifies and reports to 
        the Committees on Appropriations that--
                    (A) The funds will be used to support programs and 
                activities that can be sustained by Afghan national, 
                provincial or local governments.
                    (B) The Government of Afghanistan is--
                            (i) reducing corruption and improving 
                        governance, including by investigating, 
                        prosecuting, sanctioning and/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; 
                        and
                            (ii) taking credible steps to protect the 
                        human rights of Afghan women.
                    (C) 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.
                    (D) 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) Direct government-to-government assistance.--
                    (A) Funds appropriated or otherwise made available 
                by this Act for assistance for Afghanistan may not be 
                made available for direct government-to-government 
                assistance unless the Secretary of State certifies to 
                the Committees on Appropriations that the relevant 
                Afghan implementing agency has been assessed and 
                considered qualified to manage such funds and the 
                Government of the United States and the Government of 
                Afghanistan have agreed, in writing, to achievable and 
                sustainable goals, benchmarks for measuring progress, 
                and expected results for the use of such funds, and 
                have established mechanisms within each implementing 
                agency to ensure that such funds are used for the 
                purposes for which they were intended:  Provided, That 
                the assessment procedures of the Department of State 
                and USAID shall be standardized and provide reasonable 
                assurance of detecting significant vulnerabilities that 
                could result in the waste or misuse of United States 
                funds:  Provided further, That the Secretary of State 
                should suspend any direct government-to-government 
                assistance to an implementing agency if the Secretary 
                has credible information of misuse of such funds by any 
                such agency:  Provided further, That any such 
                assistance shall be subject to prior consultation with, 
                and the regular notification procedures of, the 
                Committees on Appropriations.
                    (B) 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 due to 
                restrictions on security personnel by the Government of 
                Afghanistan.
            (3) Assistance and operations.--
                    (A) 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 7056 and 7057 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;
                            (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; and
                            (iv) may be made available, notwithstanding 
                        any 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.
                    (B) The authority contained in section 1102(c) of 
                Public Law 111-32 shall continue in effect during 
                fiscal year 2012 and shall apply as if part of this 
                Act.
                    (C)(i) Of the funds appropriated by this Act that 
                are made available for assistance for Afghanistan, not 
                less than $75,000,000 shall be made available for rule 
                of law programs:  Provided, That decisions on the uses 
                of such funds shall be the responsibility of the 
                Coordinator for Rule of Law, in consultation with the 
                Interagency Planning and Implementation Team, at the 
                United States Embassy in Kabul, Afghanistan:  Provided 
                further, That $250,000 of such funds shall be 
                transferred to, and merged with, funds appropriated 
                under the heading ``Office of Inspector General'' in 
                title I of this Act for oversight of such programs and 
                activities.
                    (ii) The Coordinator for Rule of Law at the United 
                States Embassy in Kabul, Afghanistan shall be consulted 
                on the use of all funds appropriated by this Act for 
                rule of law programs in Afghanistan.
                    (D) 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.
                    (E) 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.
                    (F) None of the funds appropriated by this Act 
                under the heading ``Economic Support Fund'' may be made 
                available for transportation infrastructure in 
                Afghanistan unless the Secretary of State reports to 
                the Committees on Appropriations that the Government of 
                Afghanistan has established a standardized rail gauge 
                consistent with that utilized by Central Asian states, 
                including Uzbekistan:  Provided, That the Secretary of 
                State may waive the requirement of this paragraph if 
                the Secretary of State reports to the Committees on 
                Appropriations that to do so is important to the 
                national security interests of the United States.
                    (G) Not later than 90 days after enactment of this 
                Act, the Secretary of State shall report to the 
                Committees on Appropriations whether an International 
                Monetary Fund (IMF) country program for Afghanistan has 
                been established:  Provided, That if such program has 
                not been established by that date, the report required 
                by this paragraph shall include specific 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.
            (4) Oversight.--
                    (A) 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) The USAID Administrator should provide for 
                independent, transparent evaluations of assistance 
                programs and activities in Afghanistan which exceed 
                $25,000,000.
    (b) Nepal.--
            (1) Funds appropriated by this Act under the headings 
        ``Foreign Military Financing Program'' and ``Peacekeeping 
        Operations'' may be made available for assistance for Nepal 
        only if the Secretary of State certifies to the Committees on 
        Appropriations that the Nepal Army is--
                    (A) cooperating fully with investigations and 
                prosecutions by civilian judicial authorities of 
                violations of human rights; and
                    (B) working constructively to redefine the Nepal 
                Army's mission and adjust its size accordingly, 
                implement reforms including strengthening the capacity 
                of the civilian ministry of defense to improve budget 
                transparency and accountability, and facilitate the 
                integration of former rebel combatants into the 
                security forces including the Nepal Army, consistent 
                with the goals of reconciliation, peace and stability.
            (2) The conditions in paragraph (1) shall not apply to 
        assistance for humanitarian relief and reconstruction 
        activities in Nepal.
    (c) Pakistan.--
            (1) Direct government-to-government assistance.--Funds 
        appropriated by this Act for assistance for Pakistan may be 
        made available for direct government-to-government assistance 
        only if the Secretary of State certifies to the Committees on 
        Appropriations that the Government of the United States and the 
        Government of Pakistan have agreed, in writing, to achievable 
        and sustainable goals, benchmarks for measuring progress, and 
        expected results for the use of such funds, and have 
        established mechanisms within each implementing agency to 
        ensure that such funds are used for the purposes for which they 
        were intended:  Provided, That the Secretary of State should 
        suspend any direct government-to-government assistance to an 
        implementing agency if the Secretary has credible information 
        of misuse of such funds by any such agency:  Provided further, 
        That funds made available pursuant to this subparagraph shall 
        be subject to prior consultation with, and the regular 
        notification procedures of, the Committees on Appropriations.
            (2) Infrastructure projects.--Funds appropriated under the 
        heading ``Economic Support Fund'' in this Act that are made 
        available for assistance for infrastructure projects in 
        Pakistan shall be implemented in a manner consistent with 
        section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
            (3) Military assistance.--Funds appropriated by this Act 
        under the headings ``Foreign Military Financing Program'' and 
        ``Pakistan Counter-insurgency Capability Fund'' that are 
        available for assistance for Pakistan may be made available 
        only to support counter-terrorism and counter-insurgency 
        operations in Pakistan, and are subject to section 620M of the 
        Foreign Assistance Act of 1961, as amended by this Act.
            (4) Certification and report.--
                    (A) Certification.--
                            (i) Prior to the obligation of funds in 
                        titles III and IV and under the heading 
                        ``Pakistan Counter-Insurgency Capability Fund'' 
                        in this Act for assistance for the Government 
                        of Pakistan, the Secretary of State shall 
                        certify to the Committees on Appropriations 
                        that the Government of Pakistan is--
                                    (I) cooperating with the United 
                                States in efforts against the Haqqani 
                                Network, the Quetta Shura Taliban, 
                                Lashkar e-Tayyiba, Al Qaeda and other 
                                domestic and foreign terrorist 
                                organizations, including taking steps 
                                to end support for such groups and 
                                prevent them from operating in Pakistan 
                                and carrying out cross border attacks 
                                into neighboring countries;
                                    (II) not impeding the issuance of 
                                visas for United States visitors 
                                engaged in counterterrorism efforts and 
                                assistance programs, in Pakistan; and
                                    (III) providing humanitarian 
                                organizations access to detainees, 
                                internally displaced persons, and other 
                                Pakistani civilians affected by the 
                                conflict.
                            (ii) The Secretary of State may waive the 
                        requirements of paragraph (i) if to do so is in 
                        the national security interests of the United 
                        States.
                    (B) Report.--The spend plan required by section 
                7083 of this Act for assistance for Pakistan shall 
                include achievable and sustainable goals, benchmarks 
                for measuring progress, and expected results regarding 
                furthering the development of Pakistan, countering 
                extremism, and establishing conditions conducive to the 
                rule of law and accountable governance:  Provided, That 
                not later than 6 months after submission of such spend 
                plan, and each 6 months thereafter until September 30, 
                2013, the Secretary of State shall submit a report on 
                the status of achieving the goals and benchmarks in the 
                spend plan:  Provided further, That the Secretary of 
                State should suspend assistance for the Government of 
                Pakistan if any such report indicates that Pakistan is 
                failing to make measurable progress in meeting any such 
                goal or benchmark.
            (5) Precursor chemicals.--Funds appropriated under the 
        heading ``Economic Support Fund'' that are available for 
        assistance for Pakistan should be made available to stop the 
        flow of precursor materials used to manufacture Improvised 
        Explosive Devices, including calcium ammonium nitrate, from 
        Pakistan to Afghanistan, including programs to train border and 
        customs officials in Pakistan and Afghanistan as well as 
        agricultural extension programs that encourage alternative 
        fertilizers among Pakistani farmers.
            (6) Human rights and democracy.--Of the funds appropriated 
        under the heading ``Economic Support Fund'' in this Act for 
        assistance for Pakistan $5,000,000 shall be made available 
        through the Bureau of Democracy, Human Rights and Labor, 
        Department of State, for human rights and democracy programs in 
        Pakistan, including training of government officials and 
        security forces, and assistance for human rights organizations 
        and the development of democratic political parties.
            (7) Chief of mission.--Of the funds appropriated under the 
        heading ``Economic Support Fund'' in this Act for assistance 
        for Pakistan, up to $10,000,000 may be made available to the 
        Chief of Mission to address unanticipated humanitarian needs:  
        Provided, That such funds 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.
    (d) Sri Lanka.--
            (1) None of the funds appropriated by this Act under the 
        headings ``Foreign Military Financing Program'' and 
        ``Peacekeeping Operations'' may be made available for 
        assistance for Sri Lanka, no defense export license may be 
        issued, and no military equipment or technology shall be sold 
        or transferred to Sri Lanka pursuant to the authorities 
        contained in this Act or any other Act, unless the Secretary of 
        State certifies to the Committees on Appropriations that the 
        Government of Sri Lanka is--
                    (A) conducting credible, thorough investigations of 
                alleged war crimes and violations of international 
                humanitarian law by government forces and the 
                Liberation Tigers of Tamil Eelam;
                    (B) bringing to justice individuals who have been 
                credibly alleged to have committed such violations;
                    (C) supporting and cooperating with any United 
                Nations investigation of alleged war crimes and 
                violations of international humanitarian law;
                    (D) respecting due process, the rights of 
                journalists, and the rights of citizens to peaceful 
                expression and association, including ending arrest and 
                detention under emergency regulations;
                    (E) providing access to detainees by humanitarian 
                organizations; and
                    (F) implementing policies to promote reconciliation 
                and justice including devolution of power as provided 
                for in the Constitution of Sri Lanka.
            (2) Paragraph (2) shall not apply to assistance for 
        humanitarian demining and aerial and maritime surveillance.
            (3) If the Secretary makes the certification required in 
        paragraph (2), funds appropriated under the heading ``Foreign 
        Military Financing Program'' that are made available for 
        assistance for Sri Lanka should be used to support the 
        recruitment and training of Tamils into the Sri Lankan 
        military, Tamil language training for Sinhalese military 
        personnel, and human rights training for all military 
        personnel.
            (4) The Secretary of the Treasury shall instruct the United 
        States executive directors of the international financial 
        institutions to vote against any loan, agreement, or other 
        financial support for Sri Lanka except to meet basic human 
        needs, unless the Secretary of State certifies to the 
        Committees on Appropriations that the Government of Sri Lanka 
        is meeting the requirements in paragraph (2)(D), (E), and (F) 
        of this subsection.

                            enterprise funds

    Sec. 7066. (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) Funds made available under titles III through VI of this Act 
for Enterprise Funds shall be expended at the minimum rate necessary to 
make timely payment for projects and activities and shall be subject to 
the regular notification procedures of the Committees on 
Appropriations.

                overseas private investment corporation

                     (including transfer of funds)

    Sec. 7067. (a) Whenever the President determines that it is in 
furtherance of the purposes of the Foreign Assistance Act of 1961, up 
to a total of $20,000,000 of the funds appropriated under title III of 
this Act may be transferred to, and merged with, funds appropriated by 
this Act for the Overseas Private Investment Corporation Program 
Account, to be subject to the terms and conditions of that account:  
Provided, That such funds shall not be available for administrative 
expenses of the Overseas Private Investment Corporation:  Provided 
further, That designated funding levels in this Act shall not be 
transferred pursuant to this section:  Provided further, That the 
exercise of such authority shall be subject to the regular notification 
procedures of the Committees on Appropriations.
    (b) Notwithstanding section 235(a)(2) of the Foreign Assistance Act 
of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a) 
through (c) of section 234 of such Act shall remain in effect.

                              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.

                climate change and environment programs

    Sec. 7069. (a) In General.--Of the funds appropriated by this Act, 
up to $1,250,000,000 may be made available for programs and activities 
to--
            (1) reduce, mitigate, and sequester greenhouse gases that 
        contribute to global climate change;
            (2) support climate change adaptation; and
            (3) protect biodiversity, including wildlife, tropical 
        forests, and other critical landscapes.
    (b) Uses of Clean Energy Funding.--Funds appropriated by this Act 
under the headings ``Development Assistance'', ``Economic Support 
Fund'', and ``Assistance for Europe, Eurasia and Central Asia'' for 
clean energy programs and activities, may be made available only to 
support and promote the sustainable use of renewable energy 
technologies and end-use energy efficiency technologies, carbon 
sequestration, and carbon accounting.
    (c) Tropical Forest Programs.--Funds appropriated under title III 
of this Act for tropical forest programs shall be used to protect 
biodiversity, including not less than $2,000,000 to implement and 
enforce section 8204 of Public Law 110-246, shall not be used to 
support or promote the expansion of industrial scale logging into 
primary tropical forests, and shall be subject to prior consultation 
with, and the regular notification procedures of, the Committees on 
Appropriations:  Provided, That of the funds that are available for the 
Central African Regional Program for the Environment (CARPE) and other 
tropical forest programs in the Congo Basin, not less than $9,000,000 
shall be apportioned directly to the United States Fish and Wildlife 
Service to implement such programs:  Provided further, That not less 
than $10,000,000 shall be made available for biodiversity conservation 
programs in the Brazilian Amazon, not less than $15,000,000 shall be 
made available for such programs in the Andean Amazon, and not less 
than $1,000,000 shall be apportioned directly to the Department of the 
Interior for programs in the Guatemala Mayan Biosphere Reserve.
    (d) Authority.--Funds appropriated by this Act to carry out the 
provisions of sections 103 through 106, and chapter 4 of part II, of 
the Foreign Assistance Act of 1961 may be used, notwithstanding any 
other provision of law except for the provisions of this section and 
subject to the regular notification procedures of the Committees on 
Appropriations, to support climate change and environment programs.
    (e) Consultation.--Funds made available pursuant to this section 
are subject to prior consultation with, and the regular notification 
procedures of, the Committees on Appropriations.
    (f) Extraction of Natural Resources.--
            (1) Funds appropriated by this Act shall be made available 
        to promote and support transparency and accountability of 
        expenditures and revenues related to the extraction of natural 
        resources, including by strengthening implementation and 
        monitoring of the Extractive Industries Transparency 
        Initiative, section 8204 of Public Law 110-246, and the 
        Kimberley Process Certification Scheme, and by providing 
        technical assistance to promote independent audit mechanisms 
        and support civil society participation in natural resource 
        management.
            (2)(A) The Secretary of the Treasury shall inform the 
        managements of the international financial institutions and 
        post on the Department of the Treasury's Web site that it is 
        the policy of the United States to vote against any assistance 
        by such institutions (including but not limited to any loan, 
        credit, grant, or guarantee) for the extraction and export of a 
        natural resource if the government of the country has in place 
        laws or regulations to prevent or limit the public disclosure 
        of company payments as required by section 1504 of Public Law 
        111-203, and unless such government has in place functioning 
        systems in the sector in which assistance is being considered 
        for:
                    (i) accurately accounting for and public disclosure 
                of payments to the host government by companies 
                involved in the extraction and export of natural 
                resources;
                    (ii) the independent auditing of accounts receiving 
                such payments and public disclosure of the findings of 
                such audits;
                    (iii) public disclosure of such documents as Host 
                Government Agreements, Concession Agreements, and 
                bidding documents, allowing in any such dissemination 
                or disclosure for the redaction of, or exceptions for, 
                information that is commercially proprietary or that 
                would create competitive disadvantage.
            (B) The requirements of subparagraph (A) shall not apply to 
        assistance for the purpose of building the capacity of such 
        government to meet the requirements of this paragraph.
            (C) Not later than 180 days after enactment of this Act, 
        the Secretary of the Treasury shall submit a report to the 
        Committees on Appropriations describing, for each international 
        financial institution, the amount and type of assistance 
        provided, by country, for the extraction and export of natural 
        resources in the preceding 12 months, whether each institution 
        considered, in providing such assistance, the extent to which 
        the country has functioning systems, laws or regulations in 
        place to prevent or limit disclosure of company payments as 
        described in subparagraph (A).
            (3) The Secretary of the Treasury or the Secretary of 
        State, as appropriate, shall instruct the United States 
        executive director of each international financial institution 
        and the United States representatives to all forest-related 
        multilateral financing mechanisms and processes, that it is the 
        policy of the United States to vote against the expansion of 
        industrial scale logging into primary tropical forests.
    (g) Clean Technology Fund.--
            (1) Authorization of appropriations.--For fiscal year 2011, 
        up to $350,000,000 is authorized to be appropriated for a 
        United States contribution to the Clean Technology Fund (the 
        Fund).
            (2) Limits on country access.--The Secretary of the 
        Treasury shall use the voice and vote of the United States to 
        ensure that--
                    (A) the Fund does not provide more than 15 percent 
                of Fund resources to any one country;
                    (B) prior to the obligation of funds from the Fund 
                to a recipient country, recipient countries shall 
                submit to the governing body of the Fund, and the 
                governing body of the Fund appropriately reviews and 
                considers, an investment plan that will achieve 
                significant net reductions in national-level greenhouse 
                gas emissions;
                    (C) the investment plan for a recipient country, 
                whose borrowing status is classified by the World Bank 
                as ``International Development Association blend'', 
                shall have at least 15 percent of its total cost for 
                public sector activities contributed from the public 
                funds of the recipient country, and any recipient 
                country whose borrowing status is classified by the 
                World Bank as ``International Bank for Reconstruction 
                and Development Only'' status, shall have at least 25 
                percent of its total cost for public sector activities 
                contributed from public funds of the recipient country; 
                and
                    (D) assistance made available by the Fund is used 
                exclusively to support the deployment of clean energy 
                technologies in developing countries (including, where 
                appropriate, through the provision of technical support 
                or support for policy or institutional reforms) in a 
                manner that achieves substantial net reductions in 
                greenhouse gas emissions.
            (3) Definitions.--For purposes of this subsection the 
        definitions contained in section 7081(g)(4) of division F of 
        Public Law 111-117 shall apply to this Act, except that 
        ``Public Sector Activities'' shall mean ``Public Funds''.

                  prohibition on promotion of tobacco

    Sec. 7070.  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.

                 commercial leasing of defense articles

    Sec. 7071.  The second sentence of section 23(a) of the Arms Export 
Control Act, as amended, (Public Law 96-29) is further amended by 
striking ``and Egypt'' and inserting ``, Egypt, and NATO and major non-
NATO allies''.

                    international prison conditions

    Sec. 7072. (a) Not later than 180 days after enactment of this Act, 
the Secretary of State shall submit to the Committees on Appropriations 
a report, which shall also be made publicly available including on the 
Department of State's Web site, describing the conditions in prisons 
and other detention facilities in at least 30 countries receiving 
United States assistance, of which 15 countries shall be selected based 
on the Secretary's determination that such conditions raise the most 
serious human rights or humanitarian concerns, and 15 countries shall 
be selected at random.
    (b) For purposes of each determination made pursuant to subsection 
(a), the Secretary shall consider the criteria listed in section 
7085(b)(1 through 10) of division F of Public Law 111-117.
    (c) 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, shall 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.

           transparency, accountability and anti-kleptocracy

    Sec. 7073. (a) United Nations.--
            (1) The Secretary of State, following consultation with the 
        Committees on Appropriations, may withhold from obligation 
        funds appropriated under the heading ``International 
        Organizations and Programs'' for a United States contribution 
        to a United Nations organization or agency if the Secretary 
        determines that such organization or agency is not taking 
        adequate steps to increase transparency and accountability.
            (2) Not later than 45 days after enactment of this Act, the 
        Secretary of State shall submit a report to the Committees on 
        Appropriations detailing steps taken by the Global Fund to 
        Fight AIDS, Tuberculosis, and Malaria (the Global Fund) to:
                    (A) maintain and adopt, as necessary, policies and 
                practices to ensure transparency of expenditures, 
                including the authority of the Global Fund Office of 
                Inspector General (OIG) to publish OIG reports on a 
                public Web site without restriction;
                    (B) ensure that the OIG has the necessary staff, 
                budget, independence, and authority to perform 
                functions consistent with its mandate, Charter and 
                Terms of Reference, such as programmatic audits and 
                evaluations, financial audits, and investigations of 
                alleged misuse, misappropriation and fraud involving 
                any Global Fund grant resources; and
                    (C) ensure that the Inspector General reports 
                directly to the Global Fund Board without interference.
            (3) Of the funds appropriated under the heading 
        ``Contributions for International Peacekeeping Activities'' in 
        this Act, 10 percent should not be obligated until the 
        Secretary of State reports to the Committees on Appropriations 
        that the United Nations Secretariat and the governments of 
        countries providing troops for peacekeeping missions have 
        procedures and agreements to ensure that allegations of sexual 
        abuse or other serious crimes by peacekeeping troops will be 
        credibly and thoroughly investigated and the perpetrators 
        brought to justice, and that information about such cases will 
        be made publicly available and regularly updated in the country 
        where the alleged crime occurred and on the United Nations' Web 
        site.
            (4) Of the funds appropriated under title I of this Act 
        that are available for payments to the regular budgets of the 
        United Nations and the Organization of American States, and of 
        the funds appropriated under the heading ``International 
        Organizations and Programs'' in this Act that are available for 
        contributions to United Nations agencies, 10 percent should not 
        be obligated for any such organization until the Secretary of 
        State reports to the Committees on Appropriations that the 
        organization is implementing effective practices to protect 
        whistleblowers (including the organization's employees and 
        others affected by the organization's operations) from 
        retaliation for internal and lawful public disclosures, 
        including--
                    (A) best practices for legal burdens of proof;
                    (B) access to independent adjudicative bodies, 
                including external arbitration based on consensus 
                selection and shared costs;
                    (C) results that eliminate the effects of proven 
                retaliation;
                    (D) a minimum of a 6-month statute of limitations 
                for reporting retaliation; and
                    (E) the option of making external disclosures in 
                certain instances, in accordance with standards adopted 
                by the United Nations Secretariat on December 19, 2005.
            (5) Of the funds appropriated under the heading 
        ``International Organizations and Programs'' in this Act that 
        are available for a contribution to the United Nations 
        Development Program (UNDP), 10 percent should not be obligated 
        until the Secretary of State reports to the Committees on 
        Appropriations that the UNDP's management is taking the 
        necessary steps to demonstrate UNDP's commitment to make all 
        audit, oversight, and financial information publicly available 
        as soon as possible, and to put in place procedures for 
        publicly reporting on the results of UNDP programs worldwide.
            (6) Notwithstanding any other provision of law, the 
        Secretary of State should suspend United States participation 
        in the United Nations Human Rights Council (the Council) unless 
        the Secretary determines and reports to the Committees on 
        Appropriations that continued participation in the Council is 
        in the national interests of the United States.
    (b) International Monetary Fund.--
            (1) The terms and conditions of section 7086(b)(1) and (2) 
        of division F of Public Law 111-117 shall apply to this Act.
            (2) 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.
            (3) The Secretary of the Treasury shall seek to ensure that 
        the IMF has adopted and is implementing effective practices to 
        protect whistleblowers (including the IMF's employees, contract 
        employees, consultants, staff of the Board of Executive 
        Directors, and others affected by the IMF's operations) from 
        retaliation for internal and lawful public disclosures, 
        including--
                    (A) best practices for legal burdens of proof;
                    (B) access to independent adjudicative bodies, 
                including external arbitration based on consensus 
                selection and shared costs;
                    (C) results that eliminate the effects of proven 
                retaliation; and
                    (D) a minimum of a 6-month statute of limitations 
                for reporting retaliation.
    (c) 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 on an annual ``Fiscal Transparency Report''.
            (2) Minimum standards of fiscal transparency.--For the 
        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 
        interests 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.
    (d) 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 
        provision shall be construed to derogate from United States 
        Government obligations under applicable international 
        agreements.
            (3) The Secretary 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 subsection 
        (3), and the justification for each waiver.

                          disability programs

    Sec. 7074. (a) Of the funds appropriated by this Act under the 
heading ``Economic Support Fund'', not less than $5,000,000 shall be 
made available for programs and activities administered by the United 
States Agency for International Development (USAID) to address the 
needs and protect and promote the rights of people with disabilities in 
developing countries, including initiatives that focus on independent 
living, economic self-sufficiency, advocacy, education, employment, 
transportation, sports, and integration of individuals with 
disabilities, including for the cost of translation, of which up to 
$1,000,000 shall be made available to support disability advocacy 
organizations to provide training and technical assistance for disabled 
persons organizations in such countries.
    (b) Funds appropriated under the heading ``Operating Expenses'' in 
title II of this Act shall be made available to develop and implement 
training for staff in overseas USAID missions to promote the full 
inclusion and equal participation of people with disabilities in 
developing countries.
    (c) The Secretary of State, the Secretary of the Treasury, and the 
USAID Administrator shall seek to ensure that, where practicable, 
construction projects funded by this Act are accessible to people with 
disabilities and in compliance with the USAID Policy on Standards for 
Accessibility for the Disabled, or other similar accessibility 
standards.
    (d) Of the funds made available pursuant to subsection (a), not 
more than 7 percent may be for management, oversight, and technical 
support.

         buying power maintenance, international organizations

    Sec. 7075. (a) There may be established in the Treasury of the 
United States a ``Buying Power Maintenance, International 
Organizations'' account.
    (b) At the end of each fiscal year, the Secretary of State may 
transfer to, and merge with, ``Buying Power Maintenance, International 
Organizations'' such amounts from ``Contributions to International 
Organizations'' as the Secretary determines are in excess of the needs 
of activities funded from ``Contributions to International 
Organizations'' because of fluctuations in foreign currency exchange 
rates.
    (c) In order to offset adverse fluctuations in foreign currency 
exchange rates, the Secretary of State may transfer to, and merge with, 
``Contributions to International Organizations'' such amounts from 
``Buying Power Maintenance, International Organizations'' as the 
Secretary determines are necessary to provide for the activities funded 
from ``Contributions to International Organizations''.
    (d)(1) Subject to the limitations contained in this section, not 
later than the end of the fifth fiscal year after the fiscal year for 
which funds are appropriated or otherwise made available for 
``Contributions to International Organizations'', the Secretary of 
State may transfer any unobligated balance of such funds to the 
``Buying Power Maintenance, International Organizations'' account.
    (2) The balance of the Buying Power Maintenance, International 
Organizations account may not exceed $50,000,000 as a result of any 
transfer under this subsection.
    (3) Any transfer pursuant to this subsection shall be treated as a 
reprogramming of funds under section 34 of the State Department Basic 
Authorities Act of 1956 (22 U.S.C. 2706) and shall be available for 
obligation or expenditure only in accordance with the procedures under 
such section.
    (e)(1) Funds transferred to the ``Buying Power Maintenance, 
International Organizations'' account pursuant to this section shall 
remain available until expended.
    (2) The transfer authorities in this section shall be available for 
funds appropriated for fiscal year 2012 and for each fiscal year 
thereafter, and are in addition to any transfer authority otherwise 
available to the Department of State under other provisions of law.

                   prohibition on first-class travel

    Sec. 7076.  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.

               millennium challenge corporation compacts

    Sec. 7077. (a) Extension of Compacts.--Section 609(j) of the 
Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) is amended to read 
as follows:
    ``(j) Extension of Compact.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the duration of a Compact shall not exceed 5 years.
            ``(2) Exception.--The duration of a Compact may be extended 
        beyond 5 years if the Board--
                    ``(A) determines that a project included in the 
                Compact cannot be completed within 5 years; and
                    ``(B) approves an extension of the Compact that 
                does not extend the total duration of the Compact 
                beyond 7 years.
            ``(3) Congressional notification.--Not later than 15 days 
        before the date on which the Board is scheduled to vote on the 
        extension of a Compact beyond 5 years pursuant to paragraph 
        (2), the Board, acting through the Chief Executive Officer, 
        shall--
                    ``(A) notify the Committees on Appropriations, the 
                Committee on Foreign Relations of the Senate and the 
                Committee on Foreign Affairs of the House of 
                Representatives, of its intent to approve such 
                extension; and
                    ``(B) provide such committees with a detailed 
                explanation for the determination and approval 
                described in paragraph (2).''.
    (b) Concurrent and Subsequent Compacts.--Section 609(k) of such Act 
(22 U.S.C. 7708(k)) is amended to read as follows:
    ``(k) Concurrent and Subsequent Compacts.--
            ``(1) In general.--Subject to paragraph (2), and in 
        accordance with the requirements of this title, an eligible 
        country and the United States may enter into and have in effect 
        concurrent and/or subsequent Compacts.
            ``(2) Requirements.--An eligible country and the United 
        States may enter into concurrent or subsequent Compacts if the 
        Board determines that such country--
                    ``(A) is making significant, consistent progress in 
                implementing the terms of its existing Compact(s) and 
                supplementary agreements to such Compact(s); and
                    ``(B) will contribute, in the case of a Low Income 
                Country as defined in section 606(a), not less than a 
                7.5 percent contribution of the total amount agreed 
                upon for a subsequent Compact, or in the case of a 
                Lower Middle Income Country (LMIC) as defined in 
                section 606(b), a 15 percent contribution for a 
                subsequent Compact.
            ``(3) Funding.--Millennium Challenge Corporation (MCC) 
        shall commit any funding for a concurrent Compact at the time 
        it funds the Compact.
            ``(4) Timing.--A concurrent Compact shall be signed not 
        later than 2 years after the signing of the earlier compact.
            ``(5) Limitation on compacts.--The MCC shall provide no 
        more than 15 years of compact funding to any country.''.
    (c) Applicability.--The amendments made by subsection (a) shall 
apply with respect to Compacts entered into between the United States 
and an eligible country under the Millennium Challenge Act of 2003 (22 
U.S.C. 7701 et seq.) before, on or after enactment of this Act, and 
those made by subsection (b) shall apply prospectively to new compacts.
    (d) Maintaining Candidate Status for Purposes of Income Category.--
Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is 
amended as follows:
            (1) Section (a)(1) is amended by striking the words 
        ``Fiscal year 2004'' and inserting ``In general'', and by 
        striking the words ``for fiscal year 2004'' and inserting ``for 
        a fiscal year''.
            (2) Section (a)(1)(A) is stricken and replaced with the 
        following: ``The country has a per capita income equal to or 
        below the World Bank's lower middle income country threshold 
        for the fiscal year involved and is among the 75 lowest per 
        capita income countries as identified by the World Bank; and'';
            (3) Section (a)(2) is stricken.
            (4) Section (b)(1)(A) is stricken and replaced with the 
        following: ``has a per capita income equal to or below the 
        World Bank's lower middle income country threshold for the 
        fiscal year involved and is not among the 75 lowest per capita 
        income countries as identified by the World Bank; and''.
    (e) Section 606 is amended by inserting the following--
    ``(d) Income Classification Transition.--Any country with a per 
capita income that changes in a given fiscal year such that the country 
would be reclassified in that fiscal year 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 of the country's transition 
and the two subsequent fiscal years.''.

                      inspectors general personnel

    Sec. 7078. (a)(1) The provisions in this section shall apply to the 
Inspector General of the Department of State and the Inspector General 
of the United States Agency for International Development (USAID).
    (2) The term ``Government Employee'' has the meaning given the term 
employee in section 2105 of title 5, United States Code.
    (3) The Inspector General may waive any of the following provisions 
to employ annuitants (individuals who are entitled to benefits under a 
retirement system for Government employees): subsections (a) through 
(d) of section 8344 of title 5, United States Code; subsections (a), 
(b) and (e) of section 8468 of title 5, United States Code; subsections 
(a) through (d) of section 824 of the Foreign Service Act of 1980 (22 
U.S.C. 4064); and any other similar provision of law, as identified by 
the Inspector General in regulations:  Provided, That the Inspector 
General may exercise this authority: only on a case-by-case basis and 
only for so long as is necessary; when necessary due to exceptional 
difficulty in the recruitment or retention of a qualified employee for 
the position involved or a temporary emergency hiring need; as long as 
it does not cause the number of employees within the Office of 
Inspector General (OIG) employed under this or other similar authority 
to exceed, as of any given date, 15 percent of the total OIG workforce, 
determined on a full-time equivalent basis; and this authority is 
repealed on October 1, 2014, except that an annuitant re-employed 
pursuant to the waiver in this section before October 1, 2014, may 
continue such employment until not later than September 30, 2015.
    (4) Nothing in this section may be construed to permit or require 
that any re-employed annuitant benefitting from a waiver of a provision 
of law set forth in this section be treated as a Government employee 
for purposes of the retirement system to which such provision relates.
    (5) The Inspector General is authorized to obtain services under 
section 3109 of title 5, United States Code, without regard to 
subsections (d)(1) of such section, and is considered the head of the 
agency under subsection (b) of such section for purposes of exercising 
this authority.
            (A) Services may be obtained by the Inspector General for a 
        period of up to 1 year, with an option to extend such services 
        for an additional 2 years, and that the total number of 
        individuals employed under this section shall not exceed 15 
        percent of the total Department of State OIG workforce or 5 
        percent of the total USAID OIG workforce, determined on a full-
        time equivalent basis.
            (B) The authority to obtain such services shall expire on 
        September 30, 2014 except that an individual whose service 
        under this subsection is procured before October 1, 2014, may 
        continue to provide such service until not later than September 
        30, 2015.
    (b) Section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) 
is amended by:
            (1) striking paragraph (5) in subsection (c); and
            (2) in subsection (d)(2)--
                    (A) adding ``and'' at the end of subparagraph (D)
                    (B) striking ``; and'' and inserting a period at 
                the end of subparagraph (E); and
                    (C) striking subparagraph (F).

                    consular affairs pilot programs

    Sec. 7079. (a) Tourist Visa Services Pilot Program.--
            (1)(A) The Secretary of State shall implement the necessary 
        steps, including hiring a sufficient number of consular 
        officers which may include limited non-career appointment 
        officers, in the People's Republic of China, Brazil, and India 
        to meet the Department of State's standard of interviewing all 
        tourist visa applicants within 30 days of the date of 
        submitting their application.
            (B) The Secretary of State shall also conduct a risk and 
        benefit analysis regarding the extension of the expiration 
        period for B-1 or B-2 visas for citizens of the People's 
        Republic of China from 1 year to 2 years before requiring 
        consular officers to re-interview a visa applicant.
            (2) Not later than 90 days after enactment of this Act, the 
        Secretary shall submit a report to the Committees on 
        Appropriations on Consular Affairs programs in the People's 
        Republic of China, Brazil, and India including steps the 
        Department of State has taken in these countries to meet the 
        State Department's visa processing standards; a 5-year forecast 
        of non-immigrant visas for each of these countries and the 
        number of consular officers necessary to meet the State 
        Department's standards; a comparison of the Department of 
        State's 5-year forecast with the Commerce Department's 5-year 
        visitor arrival projections; and the impact of the different 
        projections on visa process times and required number of 
        consular officers.
    (b) Video Conference Pilot Program.--
            (1) The Secretary of State may develop and conduct a pilot 
        program for the processing of B-1 and B-2 visas using secure 
        remote videoconferencing technology as a method for conducting 
        visa interviews of applicants, and in consultation with other 
        Federal agencies that use such secure communications to help 
        ensure security of the videoconferencing transmission and 
        encryption.
            (2) Not later than 90 days after the end of such a pilot 
        program, the Secretary shall submit a report to the Committees 
        on Appropriations detailing the results of such program 
        including an assessment of the efficacy, efficiency, and 
        security of the remote videoconferencing technology as a method 
        for conducting visa interviews of applicants and 
        recommendations for whether it should be continued, broadened, 
        or modified.
            (3) No pilot program should be conducted if the Secretary 
        determines and reports to the Committees on Appropriations that 
        such program poses an undue security risk and that it cannot be 
        conducted in a manner consistent with maintaining security 
        controls.

                          working capital fund

    Sec. 7080. (a) The Administrator of the United States Agency for 
International Development (the Administrator) is authorized to 
establish a Working Capital Fund (in this section referred to as the 
``Fund'').
    (b) Funds deposited in the Fund during any fiscal year shall be 
available without fiscal year limitation and used, in addition to other 
funds available for such purposes, for agency procurement reform 
efforts and related administrative costs:  Provided, That such expenses 
may include--
            (1) personal and non-personal services;
            (2) training;
            (3) supplies; and
            (4) other administrative costs related to the 
        implementation of procurement reform and management of the 
        Fund.
    (c) There may be deposited during any fiscal year in the Fund up to 
1 percent of the total value of obligations entered into by the United 
States Agency for International Development (USAID) from appropriations 
available to USAID and any appropriation made available for the purpose 
of providing capital:  Provided, That receipts from the disposal of, or 
repayments for the loss or damage to, property held in the Fund, 
rebates, reimbursements, refunds and other credits applicable to the 
operation of the Fund may be deposited into the Fund.
    (d) Not later than 45 days after enactment of this Act and any 
subsequent Act making appropriations for the Department of State, 
foreign operations, and related programs, the Administrator shall 
submit to the Committees on Appropriations an operating plan for funds 
deposited in the Fund, which shall include the percentage to be charged 
for the current fiscal year.
    (e) At the close of fiscal year 2013 and at the close of each 
fiscal year thereafter, the Administrator shall determine the amounts 
in excess of the needs of the Fund for that fiscal year and shall 
transfer out of the Fund any excess amounts to any of the original 
appropriation accounts from which deposits were made:  Provided, That 
such transferred funds shall remain available without fiscal year 
limitation:  Provided further, That the Administrator shall report to 
the Committees on Appropriation the excess amounts and to which 
appropriation accounts the excess funds will be transferred:  Provided 
further, That such transfers shall be subject to the regular 
notification procedures of the Committees on Appropriations.

                           procurement reform

    Sec. 7081. (a) Local Competition.--Notwithstanding any other 
provision of law, the Administrator of the United States Agency for 
International Development (the Administrator) may, with funds made 
available in this Act and prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, award 
contracts and other instruments in which competition is limited to 
local entities if doing so would result in cost savings, develop local 
capacity, or enable the Administrator to initiate a program or activity 
in appreciably less time than if competition were not so limited:  
Provided, That the authority provided in this section may not be used 
to make awards in excess of $5,000,000.
    (b) For the purposes of this section, local entity means an 
individual, a corporation, or another body of persons located in or 
having as its principal place of business or operations in a country 
receiving assistance from funds appropriated in title III of this Act.

                       operating and spend plans

    Sec. 7082. (a) Operating Plans.--Not later than 45 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 
2012, 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, which shall include 
achievable and sustainable goals, benchmarks for measuring progress, 
and expected results, for the following--
            (1) funds appropriated under the heading ``Democracy 
        Fund'';
            (2) funds made available in titles III and IV of this Act 
        for assistance for Afghanistan, Pakistan, Iraq, Haiti, 
        Colombia, and Mexico, for the Caribbean Basin Security 
        Initiative, and the Central American Regional Security 
        Initiative; and
            (3) funds appropriated in title III for food security and 
        agriculture development programs and for climate change and 
        environment programs.
    (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.

                    authority for capital increases

    Sec. 7083. (a) International Bank for Reconstruction and 
Development.--The Bretton Woods Agreements Act, as amended (22 U.S.C. 
286 et seq.), is further amended by adding at the end thereof the 
following new sections:

``SEC. 69. ACCEPTANCE OF AN AMENDMENT TO THE ARTICLES OF AGREEMENT OF 
              THE BANK TO INCREASE BASIC VOTES.

    ``The United States Governor of the Bank may accept on behalf of 
the United States the amendment to the Articles of Agreement of the 
Bank as proposed in resolution No. 596, entitled `Enhancing Voice and 
Participation of Developing and Transition Countries,' of the Board of 
Governors of the Bank that was approved by such Board on January 30, 
2009.

``SEC. 70. CAPITAL STOCK INCREASES.

    ``(a) Increases Authorized.--The United States Governor of the Bank 
is authorized--
            ``(1)(A) to vote in favor of a resolution to increase the 
        capital stock of the Bank on a selective basis by 230,374 
        shares; and
            ``(B) to subscribe on behalf of the United States to 38,459 
        additional shares of the capital stock of the Bank, as part of 
        the selective increase in the capital stock of the Bank, except 
        that any subscription to such additional shares shall be 
        effective only to such extent or in such amounts as are 
        provided in advance in appropriations Acts;
            ``(2)(A) to vote in favor of a resolution to increase the 
        capital stock of the Bank on a general basis by 484,102 shares; 
        and
            ``(B) to subscribe on behalf of the United States to 81,074 
        additional shares of the capital stock of the Bank, as part of 
        the general increase in the capital stock of the Bank, except 
        that any subscription to such additional shares shall be 
        effective only to such extent or in such amounts as are 
        provided in advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--
            ``(1) In order to pay for the increase in the United States 
        subscription to the Bank under subsection (a)(2)(B), there are 
        authorized to be appropriated, without fiscal year limitation, 
        $9,780,361,991 for payment by the Secretary of the Treasury.
            ``(2) Of the amount authorized to be appropriated under 
        paragraph (2)(A)--
                    ``(A) $586,821,720 shall be for paid in shares of 
                the Bank; and
                    ``(B) $9,193,540,271 shall be for callable shares 
                of the Bank.''.
    (b) International Finance Corporation.--The International Finance 
Corporation Act, Public Law 84-350, as amended (22 U.S.C. 282 et seq.), 
is further amended by adding at the end thereof the following new 
section:

``SEC. 17. SELECTIVE CAPITAL INCREASE AND AMENDMENT OF THE ARTICLES OF 
              AGREEMENT.

    ``(a) Vote Authorized.--The United States Governor of the 
Corporation is authorized to vote in favor of a resolution to increase 
the capital stock of the Corporation by $130,000,000.
    ``(b) Amendment of the Articles of Agreement.--The United States 
Governor of the Corporation is authorized to agree to and accept an 
amendment to Article IV, Section 3(a) of the Articles of Agreement of 
the Corporation that achieves an increase in basic votes to 5.55 
percent of total votes.''.
    (c) Inter-American Development Bank.--The Inter-American 
Development Bank Act, Public Law 86-147, as amended (22 U.S.C. 283 et 
seq.), is further amended by adding at the end thereof the following 
new section:

``SEC. 41. NINTH CAPITAL INCREASE.

    ``(a) Vote Authorized.--The United States Governor of the Bank is 
authorized to vote in favor of a resolution to increase the capital 
stock of the Bank by $70,000,000,000 as described in Resolution AG-7/
10, `Report on the Ninth General Capital Increase in the resources of 
the Inter-American Development Bank' as approved by Governors on July 
21, 2010.
    ``(b) Subscription Authorized.--
            ``(1) The United States Governor of the Bank may subscribe 
        on behalf of the United States to 1,741,135 additional shares 
        of the capital stock of the Bank.
            ``(2) Any subscription by the United States to the capital 
        stock of the Bank shall be effective only to such extent and in 
        such amounts as are provided in advance in appropriations Acts.
    ``(c) Limitations on Authorization of Appropriations.--
            ``(1) In order to pay for the increase in the United States 
        subscription to the Bank under subsection (b), there are 
        authorized to be appropriated, without fiscal year limitation, 
        $21,004,064,337 for payment by the Secretary of the Treasury.
            ``(2) Of the amount authorized to be appropriated under 
        paragraph (1)--
                    ``(A) $510,090,175 shall be for paid in shares of 
                the Bank; and
                    ``(B) $20,493,974,162 shall be for callable shares 
                of the Bank.''.
    (d) African Development Bank.--The African Development Bank Act, 
Public Law 97-35, as amended (22 U.S.C. 290i et seq.), is further 
amended by adding at the end thereof the following new section:

``SEC. 1344. SIXTH CAPITAL INCREASE.

    ``(a) Subscription Authorized.--
            ``(1) The United States Governor of the Bank may subscribe 
        on behalf of the United States to 289,391 additional shares of 
        the capital stock of the Bank.
            ``(2) Any subscription by the United States to the capital 
        stock of the Bank shall be effective only to such extent and in 
        such amounts as are provided in advance in appropriations Acts.
    ``(b) Limitations on Authorization of Appropriations.--
            ``(1) In order to pay for the increase in the United States 
        subscription to the Bank under subsection (a), there are 
        authorized to be appropriated, without fiscal year limitation, 
        $4,322,228,221 for payment by the Secretary of the Treasury.
            ``(2) Of the amount authorized to be appropriated under 
        paragraph (1)--
                    ``(A) $259,341,759 shall be for paid in shares of 
                the Bank; and
                    ``(B) $4,062,886,462 shall be for callable shares 
                of the Bank.''.
    (e) European Bank for Reconstruction and Development.--The European 
Bank for Reconstruction and Development Act, Section 562(c) of Public 
Law 101-513, as amended (22 U.S.C. 290l et seq.), is further amended by 
adding at the end thereof the following new paragraph:
            ``(12) Capital increase.--
                    ``(A) Subscription authorized.--
                            ``(i) The United States Governor of the 
                        Bank may subscribe on behalf of the United 
                        States up to 90,044 additional callable shares 
                        of the capital stock of the Bank in accordance 
                        with Resolution No. 128 as adopted by the Board 
                        of Governors of the Bank on May 14, 2010.
                            ``(ii) Any subscription by the United 
                        States to additional capital stock of the Bank 
                        shall be effective only to such extent and in 
                        such amounts as are provided in advance in 
                        appropriations Acts.
                    ``(B) Limitations on authorization of 
                appropriations.--In order to pay for the increase in 
                the United States subscription to the Bank under 
                subsection (A), there are authorized to be 
                appropriated, without fiscal year limitation, up to 
                $1,252,331,952 for payment by the Secretary of the 
                Treasury.''.

                      authority for replenishments

    Sec. 7084. (a) International Development Association.--The 
International Development Association Act, Public Law 86-565, as 
amended (22 U.S.C. 284 et seq.), is further amended by adding at the 
end thereof the following new sections:

``SEC. 26. SIXTEENTH REPLENISHMENT.

    ``(a) The United States Governor of the International Development 
Association is authorized to contribute on behalf of the United States 
$4,075,500,000 to the sixteenth replenishment of the resources of the 
Association, subject to obtaining the necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $4,075,500,000 for payment by the Secretary of 
the Treasury.

``SEC. 27. MULTILATERAL DEBT RELIEF.

    ``(a) The Secretary of the Treasury is authorized to contribute, on 
behalf of the United States, not more than $474,000,000 to the 
International Development Association for the purpose of funding debt 
relief cost under the Multilateral Debt Relief Initiative incurred in 
the period governed by the sixteenth replenishment of resources of the 
International Development Association, subject to obtaining the 
necessary appropriations and without prejudice to any funding 
arrangements in existence on the date of the enactment of this section.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, not more than $474,000,000 for payment by the 
Secretary of the Treasury.
    ``(c) In this section, the term `Multilateral Debt Relief 
Initiative' means the proposal set out in the G8 Finance Ministers' 
Communique entitled `Conclusions on Development', done at London, June 
11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit 
on July 8, 2005.''.
    (b) African Development Bank.--The African Development Fund Act, 
Public Law 94-302, as amended (22 U.S.C. 290g et seq.), is further 
amended by adding at the end thereof the following new sections:

``SEC. 221. TWELFTH REPLENISHMENT.

    ``(a) The United States Governor of the Fund is authorized to 
contribute on behalf of the United States $585,000,000 to the twelfth 
replenishment of the resources of the Fund, subject to obtaining the 
necessary appropriations.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, $585,000,000 for payment by the Secretary of 
the Treasury.

``SEC. 222. MULTILATERAL DEBT RELIEF.

    ``(a) The Secretary of the Treasury is authorized to contribute, on 
behalf of the United States, not more than $60,000,000 to the African 
Development Fund for the purpose of funding debt relief costs under the 
Multilateral Debt Relief Initiative incurred in the period governed by 
the twelfth replenishment of resources of the African Development Fund, 
subject to obtaining the necessary appropriations and without prejudice 
to any funding arrangements in existence on the date of the enactment 
of this section.
    ``(b) In order to pay for the United States contribution provided 
for in subsection (a), there are authorized to be appropriated, without 
fiscal year limitation, not more than $60,000,000 for payment by the 
Secretary of the Treasury.
    ``(c) In this section, the term `Multilateral Debt Relief 
Initiative' means the proposal set out in the G8 Finance Ministers' 
Communique entitled `Conclusions on Development', done at London, June 
11, 2005, and reaffirmed by G8 Heads of State at the Gleneagles Summit 
on July 8, 2005.''.

             authority for the fund for special operations

    Sec. 7085.  Up to $36,000,000 of funds appropriated for the account 
``Department of the Treasury, Debt Restructuring'' by the Full-Year 
Continuing Appropriations Act, 2011 (Public Law 112-10, Division B) may 
be made available for the United States share of an increase in the 
resources of the Fund for Special Operations of the Inter-American 
Development Bank in furtherance of debt relief provided to Haiti in 
view of the Cancun Declaration of March 21, 2010.

          assistance for foreign nongovernmental organizations

    Sec. 7086. Part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) is amended by inserting after section 104C, the following 
new section:

``SEC. 104D. ELIGIBILITY FOR ASSISTANCE.

    ``Notwithstanding any other provision of law, regulation, or 
policy, in determining eligibility for assistance authorized under 
sections 104, 104A, 104B, and 104C--
            ``(1) a foreign nongovernmental organization shall not be 
        ineligible for such assistance solely on the basis of health or 
        medical services, including counseling and referral services, 
        provided by such organization with non-United States Government 
        funds if such services are permitted in the country in which 
        they are being provided and would not violate United States law 
        if provided in the United States; and
            ``(2) a foreign nongovernmental organization shall not be 
        subject to requirements relating to the use of non-United 
        States Government funds for advocacy and lobbying activities 
        other than those that apply to United States nongovernmental 
        organizations receiving assistance under this part.''.

                             (rescissions)

    Sec. 7087. (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'', $13,700,000 are rescinded, of which $8,000,000 shall be 
from funds for Worldwide Security Protection:  Provided, That no 
amounts may be rescinded from amounts that were designated by Congress 
as an emergency requirement 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 under the heading ``Export 
and Investment Assistance, Export-Import Bank of the United States, 
Subsidy Appropriation'' from prior Acts making appropriations for the 
Department of State, foreign operations, and related programs, 
$300,000,000 are rescinded.
    (c) 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, $150,000,000 are 
rescinded:  Provided, That no amounts may be rescinded from amounts 
that were designated by Congress as an emergency requirement pursuant 
to a concurrent resolution on the budget or the Balanced Budget and 
Emergency Deficit Control Act of 1985.
    (d) The Secretary of State, as appropriate, shall consult with the 
Committees on Appropriations prior to implementing the rescissions made 
in this section.

                               TITLE VIII

                    OVERSEAS CONTINGENCY OPERATIONS

                          DEPARTMENT OF STATE

                   ADMINISTRATION OF FOREIGN AFFAIRS

                    diplomatic and consular programs

                     (including transfer of funds)

    For an additional amount for ``Diplomatic and Consular Programs'', 
$3,773,701,000, to remain available until September 30, 2013, of which 
$236,201,000 is for Worldwide Security Protection and shall remain 
available until expended:  Provided, That the Secretary of State may 
transfer up to $230,000,000 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 funds appropriated under this heading may be 
made available pursuant to the authority of section 7032(u) of this 
Act:  Provided further, That each amount in this paragraph is 
designated by Congress as being for overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$63,954,000, to remain available until September 30, 2013, of which 
$16,317,000 shall be for the Special Inspector General for Iraq 
Reconstruction for reconstruction oversight, and $44,387,000 shall be 
for the Special Inspector General for Afghanistan Reconstruction for 
reconstruction oversight:  Provided, That each amount in this paragraph 
is designated by Congress as being for overseas contingency operations 
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and 
Emergency Deficit Control Act of 1985 (Public Law 99-177), as amended.

        contributions for international peacekeeping activities

    For an additional amount for ``Contributions for International 
Peacekeeping Activities'', $17,900,000, to remain available until 
September 30, 2013:  Provided, That this amount is designated by 
Congress as being for overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                   united states institute for peace

    For an additional amount for ``United States Institute for Peace'', 
$8,411,000, to remain available until September 30, 2013:  Provided, 
That this amount is designated by Congress as being for overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

    For an additional amount for ``Operating Expenses'', $106,000,000, 
to remain available until September 30, 2013:  Provided, That this 
amount is designated by Congress as being for overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

                      office of inspector general

    For an additional amount for ``Office of Inspector General'', 
$2,000,000, to remain available until September 30, 2013:  Provided, 
That this amount is designated by Congress as being for overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                     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, 2013:  Provided, 
That this amount is designated by Congress as being for overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                         transition initiatives

    For an additional amount for ``Transition Initiatives'', 
$3,500,000, to remain available until September 30, 2013:  Provided, 
That this amount is designated by Congress as being for overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                          complex crises fund

    For an additional amount for ``Complex Crises Fund'', $45,000,000, 
to remain available until September 30, 2013:  Provided, That this 
amount is designated by Congress as being for overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

                         economic support fund

    For an additional amount for ``Economic Support Fund'', 
$1,172,821,000, to remain available until September 30, 2013:  
Provided, That this amount is designated by Congress as being for 
overseas contingency operations pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99-177), as amended.

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$100,000,000, to remain available until September 30, 2013:  Provided, 
That this amount is designated by Congress as being for overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

    For an additional amount for ``International Narcotics Control and 
Law Enforcement'', $1,163,000,000, to remain available until September 
30, 2013:  Provided, That this amount is designated by Congress as 
being for overseas contingency operations pursuant to section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (Public Law 99-177), as amended.

    nonproliferation, anti-terrorism, demining and related programs

    For an additional amount for ``Nonproliferation, Anti-terrorism, 
Demining and Related Programs'', $27,500,000, to remain available until 
September 30, 2013:  Provided, That this amount is designated by 
Congress as being for overseas contingency operations pursuant to 
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (Public Law 99-177), as amended.

                        peacekeeping operations

    For an additional amount for ``Peacekeeping Operations'', 
$30,000,000, to remain available until September 30, 2013:  Provided, 
That this amount is designated by Congress as being for overseas 
contingency operations pursuant to section 251(b)(2)(A)(ii) of the 
Balanced Budget and Emergency Deficit Control Act of 1985 (Public Law 
99-177), as amended.

                  funds appropriated to the president

                   foreign military financing program

    For an additional amount for ``Foreign Military Financing 
Program'', $989,000,000, to remain available until September 30, 2013:  
Provided, That this amount is designated by Congress as being for 
overseas contingency operations pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99-177), as amended.

              pakistan counter-insurgency capability fund

                     (including transfer of funds)

    For necessary expenses to carry out the provisions of chapter 8 of 
part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance 
Act of 1961 and section 23 of the Arms Export Control Act, 
$1,000,000,000, to remain available until September 30, 2012, for the 
purpose of providing assistance for Pakistan to build and maintain the 
counter-insurgency capability of Pakistani security forces (including 
the Frontier Corps), to include program management, training in civil-
military humanitarian assistance, human rights training, and the 
provision of equipment, supplies, services, training, and facility and 
infrastructure repair, renovation, and construction:  Provided, That 
notwithstanding any other provision of law except section 620M of the 
Foreign Assistance Act of 1961, as amended by this Act, such funds 
shall be available to the Secretary of State, with the concurrence of 
the Secretary of Defense:  Provided further, That such funds may be 
transferred by the Secretary of State to the Department of Defense or 
other Federal departments or agencies to support counter-insurgency 
operations and may be merged with, and be available, for the same 
purposes and for the same time period as the appropriation or fund to 
which transferred or may be transferred pursuant to the authorities 
contained in the Foreign Assistance Act of 1961:  Provided further, 
That the Secretary of State shall, not fewer than 15 days prior to 
making transfers from this appropriation, notify the Committees on 
Appropriations, in writing, of the details of any such transfer:  
Provided further, That the Secretary of State shall submit not later 
than 30 days after the end of each fiscal quarter to the Committees on 
Appropriations a report in writing summarizing, on a project-by-project 
basis, the uses of funds under this heading:  Provided further, That 
upon determination by the Secretary of State, with the concurrence of 
the Secretary of Defense, that all or part of the funds so transferred 
from this appropriation are not necessary for the purposes herein, such 
amounts may be transferred by the head of the relevant Federal 
department or agency back to this appropriation and shall be available 
for the same purposes and for the same time period as originally 
appropriated:  Provided further, That any required notification or 
report may be submitted in classified form:  Provided further, That the 
amount in this paragraph is designated by Congress as being for 
overseas contingency operations pursuant to section 251(b)(2)(A)(ii) of 
the Balanced Budget and Emergency Deficit Control Act of 1985 (Public 
Law 99-177), as amended.

                    global security contingency fund

                     (including transfer of funds)

    There is hereby established in the Treasury of the United States 
the ``Global Security Contingency Fund''.
    For necessary expenses to carry out the provisions of the Foreign 
Assistance Act of 1961 and the Arms Export Control Act to provide 
assistance, notwithstanding any other provision of law except sections 
620A and 620M of the Foreign Assistance Act of 1961, as amended by this 
Act, for countries designated by the Secretary of State to enhance the 
capabilities of military and police forces, and other security forces 
that conduct border and maritime security, internal security, and 
counter-terrorism operations, as well as government agencies 
responsible for such forces, and to strengthen democratic institutions 
including the justice sector (including corrections) and respect for 
human rights and the rule of law, where the Secretary of State, in 
consultation with the Secretary of Defense, determines that conflict or 
instability in a country or region significantly challenges the local 
capacity to deliver such assistance, $50,000,000, to remain available 
until September 30, 2013:  Provided, That such assistance programs 
shall be formulated by the Secretary of State in consultation with the 
Secretary of Defense:  Provided further, That programs carried out 
under this heading shall be approved by the Secretary of State, in 
consultation with the Secretary of Defense, prior to implementation:  
Provided further, That the authorities and requirements of the Foreign 
Assistance Act of 1961 shall apply to funds made available under this 
heading:  Provided further, That funds made available to the Department 
of Defense in fiscal year 2012 may be transferred to, and merged with, 
funds appropriated under this heading by the Secretary of Defense:  
Provided further, That funds made available under this heading may be 
transferred to the most appropriate agency or account to facilitate the 
provision of such assistance:  Provided further, That the transfer 
authorities under this paragraph are in addition to any other transfer 
authority available to the Department of Defense:  Provided further, 
That the amounts in this account may be used for necessary 
administrative expenses of the agencies planning and carrying out 
programs:  Provided further, That the head of any agency may detail 
personnel to the Department of State to carry out activities funded 
under this heading with or without reimbursement for all or part of the 
costs of salaries and other expenses associated with such personnel:  
Provided further, that no obligation or transfer of funds may be made 
unless the Secretary of State and the Secretary of Defense have 
notified the Committees on Appropriations at least 15 days prior to any 
such obligation or transfer:  Provided further, That the amount in this 
paragraph is designated by Congress as being for overseas contingency 
operations pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (Public Law 99-177), as 
amended.

                           GENERAL PROVISIONS

    Sec. 8001.  Notwithstanding any other provision of law, funds made 
available under the heading ``Overseas Contingency Operations'' are in 
addition to amounts appropriated or otherwise made available for the 
Department of State for fiscal year 2012.
    Sec. 8002.  Unless otherwise provided for in this Act, additional 
amounts appropriated under the heading ``Overseas Contingency 
Operations'' to appropriation accounts in this Act shall be available 
under the authorities and conditions applicable to such appropriations 
accounts.
    Sec. 8003.  Notwithstanding any other provision of law except 
section 620M of the Foreign Assistance Act, as amended by this Act, 
funds appropriated by this title may be transferred to, and merged 
with, funds appropriated by this title under the headings ``Diplomatic 
and Consular Programs'', ``Worldwide Security Protection'', ``Office of 
Inspector General'', ``Contributions for International Peacekeeping 
Activities'', ``United States Institute for Peace'', ``United States 
Agency for International Development, Funds Appropriated to the 
President, Operating Expenses'', ``United States Agency for 
International Development, Funds Appropriated to the President, Office 
of Inspector General'', ``International Disaster Assistance'', 
``Transition Initiatives'', ``Complex Crises Fund'', ``Economic Support 
Fund'', ``Migration and Refugee Assistance'', ``International Narcotics 
Control and Law Enforcement'', ``Nonproliferation, Anti-terrorism, 
Demining, and Related Programs'', ``Peacekeeping Operations'', 
``Foreign Military Financing Program'', ``Pakistan Counter-insurgency 
Capability Fund'', and ``Global Stability Contingency Fund'':  
Provided, That such transfers shall be subject to the regular 
notification procedures of the Committees on Appropriations:  Provided 
further, That the transfer authority in this section is in addition to 
any transfer authority otherwise available under any other provision of 
law, including section 610 of the Foreign Assistance Act which may be 
exercised by the Secretary of State for the purposes of this title.
     This Act may be cited as the ``Department of State, Foreign 
Operations, and Related Programs Appropriations Act, 2012''.
                                                       Calendar No. 179

112th CONGRESS

  1st Session

                                S. 1601

                          [Report No. 112-85]

_______________________________________________________________________

                                 A BILL

Making appropriations for the Department of State, foreign operations, 
and related programs for the fiscal year ending September 30, 2012, and 
                          for other purposes.

_______________________________________________________________________

                           September 22, 2011

                 Read twice and placed on the calendar