[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1372 Placed on Calendar Senate (PCS)]
Calendar No. 150
113th CONGRESS
1st Session
S. 1372
[Report No. 113-81]
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2014, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2013
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, 2014, 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, 2014, 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, $7,083,880,850, to remain available
until September 30, 2015, of which up to $1,867,251,000, to remain
available until expended, is for Worldwide Security Protection:
Provided, That funds made available under this heading shall be
allocated in accordance with paragraphs (1) through (4) 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, $2,548,716,000, of which not
less than $131,713,000 shall be available only for public
diplomacy American salaries, and up to $255,866,000 is for
Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $2,033,386,000, of which not
less than $369,589,000 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, $786,180,000.
(4) Security programs.--For necessary expenses for security
activities, $1,715,600,000, of which up to $1,611,385,000 is
for Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) not to exceed $1,806,600 shall be derived from
fees collected from other executive agencies for lease
or use of facilities 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, $5,970,150, to be derived from the reserve
authorized by such section, to be used for the purposes
set out in such section and for development,
maintenance, and security of additional properties for
use as an International Center by foreign governments
or international organizations;
(B) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or
other payments received from English teaching, library,
motion pictures, and publication programs and from fees
from educational advising and counseling and exchange
visitor programs; and
(C) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer, reprogramming, and other matters.--
(A) Notwithstanding any provision of this Act,
funds may be reprogrammed within and between paragraphs
(1) through (4) 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.
(D) Of the funds appropriated under this heading,
up to $36,707,000, to remain available until expended,
may be transferred to, and merged with, funds
previously made available under the heading ``Conflict
Stabilization Operations'' (CSO) in title I of prior
acts making appropriations for the Department of State,
foreign operations and related programs: Provided,
That funds allocated to CSO and for assistance, or for
assistance to be implemented by CSO, may be made
available notwithstanding any other provision of law.
capital investment fund
For necessary expenses of the Capital Investment Fund, $76,900,000,
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,
$69,406,000, 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, $595,000,000, to remain available until expended:
Provided, That fees or other payments received from or in connection
with English teaching, educational advising and counseling programs,
and exchange visitor programs as authorized may be credited to this
account, to remain available until expended: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this heading may be made available for assistance for fellowships,
scholarships, and exchanges for foreign academic professionals and
foreign university students from countries in the Near East region,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That not later than 45 days after
enactment of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing modifications made to
existing educational and cultural exchange programs since calendar year
2011, including for special academic and special professional and
cultural exchanges: Provided further, That any further modifications
to such programs shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
representation expenses
For representation expenses 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,
$28,200,000, to remain available until September 30, 2015.
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, $785,351,000, to remain
available until expended as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation expenses 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, $1,320,452,000, 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 2014.
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,
$9,652,000, 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
For the cost of direct loans, $1,700,000, as authorized: 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 are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,690,000.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96-8), $31,221,000.
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, $1,382,408,000:
Provided, That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an
offsetting decrease elsewhere in the United Nations budget: Provided
further, That any credits available to the United States from the
United Nations Tax Equalization Fund shall only be available for United
States assessed contributions to the United Nations and shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That any payment of arrearages under
this heading shall be directed toward activities that are mutually
agreed upon by the United States and the respective international
organization: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution
to an international organization for the United States share of
interest costs made known to the United States Government by such
organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $2,094,661,000, of
which 15 percent shall remain available until September 30, 2015:
Provided, That none of the funds made available by this Act shall be
obligated or expended for any new or expanded United Nations
peacekeeping mission unless, at least 15 days in advance of voting for
the new or expanded mission in the United Nations Security Council (or
in an emergency as far in advance as is practicable), the Committees on
Appropriations are notified: (1) of the estimated cost and duration of
the mission, the national interest that will be served, and the exit
strategy; (2) that the United Nations has in place effective measures
to prevent United Nations employees, contractor personnel, and
peacekeeping troops serving in the mission from trafficking in persons,
exploiting victims of trafficking, or committing acts of illegal sexual
exploitation or other violations of human rights, and to bring to
justice individuals who engage in such acts while participating in the
peacekeeping mission, including prosecution in their home countries of
such individuals in connection with such acts, and to make information
about such cases publicly available in the country where an alleged
crime occurs and on the United Nations' Web site; and (3) pursuant to
section 7015 of this Act and the procedures therein followed, of the
source of funds that will be used to pay the cost of the new or
expanded mission: Provided further, That funds shall be available for
peacekeeping expenses unless the Secretary of State determines that
American manufacturers and suppliers are not being given opportunities
to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, That the Secretary of
State shall work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human rights:
Provided further, That none of the funds appropriated or otherwise made
available under this heading may be used for any United Nations
peacekeeping mission that will involve United States Armed Forces under
the command or operational control of a foreign national, unless the
President's military advisors have submitted to the President a
recommendation that such involvement is in the national interests of
the United States and the President has submitted to the Congress such
a recommendation: Provided further, That notwithstanding any other
provision of law, funds appropriated or otherwise made available under
this heading in this Act or in the Consolidated and Further Continuing
Appropriations Act, 2013 (Public Law 113-6) that remain available for
obligation, shall be available for United States assessed contributions
up to the amount specified in the Annex accompanying United Nations
General Assembly document A/67/224/Add.1: Provided further, That any
credits available to the United States from the United Nations Tax
Equalization Fund shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on Appropriations.
International Commissions
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $45,618,000.
construction
For detailed plan preparation and construction of authorized
projects, $35,200,000, 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,
$12,799,000: 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, $39,345,000: 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, $717,082,000, of which
up to $41,734,000 shall remain available until expended for satellite
transmissions and Internet freedom programs: Provided, That funds
appropriated under this heading shall be made available to expand
unrestricted access to programs funded under this heading and other
information on the Internet through the development and use of
circumvention and secure communication technologies: Provided further,
That of the total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses, of which $10,000 may
be used for representation expenses within the United States as
authorized, and not to exceed $30,000 may be used for 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, 2014: Provided
further, That section 304(f) of the United States International
Broadcasting Act of 1994, as amended (22 U.S.C. 6203(f)) is amended by
deleting ``5 members'' and inserting ``a majority of Governors then
serving (as determined under subsection (c) of such section) at the
time a decision of the Board is made'': Provided further, That the BBG
shall notify the Committees on Appropriations within 15 days of any
determination by the Board that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided further, That significant
modifications to BBG broadcast hours previously justified to Congress,
including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services
shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That in addition to
funds made available under this heading, and notwithstanding any other
provision of law, up to $2,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and the
International Broadcasting Bureau, shall 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,
$8,000,000, 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, $30,984,000, to
remain available until September 30, 2015, 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,
2014, 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, 2014, 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, 2014, 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, $135,000,000, 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 $35,000,000 shall be for
democracy, human rights, and rule of law programs.
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, $690,000, as authorized by section 1303 of
Public Law 99-83.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105-292), as
amended, $3,500,000, including not more than $4,000 for representation
expenses: Provided, That if the United States Commission on
International Religious Freedom is authorized beyond September 30,
2014, this amount will remain available until September 30, 2015.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94-304, $2,579,000,
including not more than $4,000 for representation expenses, to remain
available until September 30, 2015.
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), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2015.
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), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2015:
Provided, That the authorities, requirements, limitations, and
conditions contained in the second through sixth provisos under this
heading in division F of Public Law 111-117 shall continue in effect
during fiscal year 2014 and shall apply to funds appropriated under
this heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
(including transfer of funds)
For necessary expenses to carry out the provisions of section 667
of the Foreign Assistance Act of 1961, $1,284,321,000, to remain
available until September 30, 2015: Provided, That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this title may be made available to finance the
construction (including architect and engineering services), purchase,
or long-term lease of offices for use by the United States Agency for
International Development (USAID), unless the USAID Administrator has
identified such proposed use of funds in a report submitted to the
Committees on Appropriations at least 15 days prior to the obligation
of funds for such purposes: Provided further, That contracts or
agreements entered into with funds appropriated under this heading
during fiscal year 2015 may entail commitments for the expenditure of
such funds through the following fiscal year: 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 of the funds appropriated or made
available under this heading, not to exceed $250,000 may be available
for representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment expenses, for USAID during
the current fiscal year.
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, $117,940,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further, That not later than 180
days after enactment of this Act, the Administrator of the United
States Agency for International Development (USAID), in consultation
with the Secretary of State, shall submit a strategy to eliminate
redundant USAID services and operations at diplomatic facilities
abroad, including information technology systems, communications
systems, and motor pool: 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, $47,000,000, to remain available
until September 30, 2015, which sum shall be available for the Office
of Inspector General of the United States Agency for International
Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
(including transfer of funds)
For necessary expenses to carry out the provisions of chapters 1
and 10 of part I of the Foreign Assistance Act of 1961, for global
health activities, in addition to funds otherwise available for such
purposes, $2,785,000,000, to remain available until September 30, 2015,
and which shall be apportioned directly to the United States Agency for
International Development (USAID): Provided, That this amount shall be
made available for training, equipment, and technical assistance to
build the capacity of public health institutions and organizations in
developing countries, and for such activities as: (1) child survival
and maternal health programs; (2) immunization and oral rehydration
programs; (3) other health, nutrition, water and sanitation programs
which directly address the needs of mothers and children, and related
education programs; (4) assistance for children displaced or orphaned
by causes other than AIDS; (5) programs for the prevention, treatment,
control of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS, including
children infected or affected by AIDS; and (6) family planning/
reproductive health: Provided further, That funds appropriated under
this paragraph may be made available for a United States contribution
to the GAVI Alliance: Provided further, That none of the funds made
available in this Act nor any unobligated balances from prior
appropriations Acts may be made available to any organization or
program which, as determined by the President of the United States,
supports or participates in the management of a program of coercive
abortion or involuntary sterilization: Provided further, That any
determination made under the previous proviso must be made no later
than 6 months after the date of enactment of this Act, and must be
accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available
under this Act may be used to pay for the performance of abortion as a
method of family planning or to motivate or coerce any person to
practice abortions: Provided further, That nothing in this paragraph
shall be construed to alter any existing statutory prohibitions against
abortion under section 104 of the Foreign Assistance Act of 1961:
Provided further, That none of the funds made available under this Act
may be used to lobby for or against abortion: Provided further, That
the eighth and ninth provisos under this heading in the Consolidated
Appropriations Act, 2012 (Public Law 112-74) 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, $5,670,000,000, to remain
available until September 30, 2018, which shall be apportioned directly
to the Department of State: Provided, That the annual report required
by section 104A(f) of the Foreign Assistance Act of 1961, which report
shall be submitted hereafter, as well, to the Committees on
Appropriations, shall include for each regional and bilateral
partnership framework country a description of the transition strategy
for each such country within the President's Emergency Plan for AIDS
Relief, including details on the host country and/or multilateral
organization capacity to sustain the achievements of United States-
funded HIV/AIDS and related programs: Provided further, That funds
appropriated under this paragraph may be made available,
notwithstanding any other provision of law, except for the United
States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of
2003 (Public Law 108-25), as amended, for a United States contribution
to the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global
Fund), and shall be expended at the minimum rate necessary to make
timely payment for projects and activities: Provided further, That the
amount of such contribution should be $1,650,000,000: Provided
further, That no such contribution may cause the total amount of United
States Government contributions to the Global Fund to exceed 33 percent
of the total amount of funds contributed to the Global Fund from all
sources: Provided further, That up to 5 percent of the aggregate
amount of funds made available to the Global Fund in fiscal year 2014
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, $2,507,001,000, to remain
available until September 30, 2015: Provided, That of the funds
appropriated under this heading, not less than $23,000,000 shall be
made available for the American Schools and Hospitals Abroad program,
and not less than $10,000,000 shall be made available for cooperative
development programs of the United States Agency for International
Development within the Office of Innovation and Development Alliances.
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, $610,000,000, 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, $52,600,000, to remain available until
expended, to support transition to democracy and long-term development
of countries in crisis: Provided, That such support may include
assistance to develop, strengthen, or preserve democratic institutions
and processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict: Provided further, That the United States
Agency for International Development shall submit a report to the
Committees on Appropriations at least 5 days prior to beginning a new
program of assistance: Provided further, That if the Secretary of
State determines that it is important to the national interests of the
United States to provide transition assistance in excess of the amount
appropriated under this heading, up to $15,000,000 of the funds
appropriated by this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961 may be used for purposes of this heading
and under the authorities applicable to funds appropriated under this
heading: Provided further, That funds made available pursuant to the
previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
development credit authority
(including transfer of funds)
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$40,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act: Provided, That funds provided
under this paragraph and funds provided as a gift that are used for
purposes of this paragraph pursuant to section 635(d) of the Foreign
Assistance Act of 1961 shall be made available only for micro- and
small enterprise programs, urban programs, and other programs which
further the purposes of part I of such Act: Provided further, That
such costs, including the cost of modifying such direct and guaranteed
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, That funds made available
by this paragraph may be used for the cost of modifying any such
guaranteed loans under this Act or prior Acts, and funds used for such
costs shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That the provisions of
section 107A(d) (relating to general provisions applicable to the
Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House
Committee on International Relations on May 9, 1997, shall be
applicable to direct loans and loan guarantees provided under this
heading, except that the principal amount of loans made or guaranteed
under this heading with respect to any single country shall not exceed
$300,000,000: Provided further, That these funds are available to
subsidize total loan principal, any portion of which is to be
guaranteed, of up to $2,000,000,000.
In addition, for administrative expenses to carry out credit
programs administered by the United States Agency for International
Development, $8,200,000, which may be transferred to, and merged with,
funds made available under the heading ``Operating Expenses'' in title
II of this Act: Provided, That funds made available under this heading
shall remain available until September 30, 2016.
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, $3,589,895,000, to
remain available until September 30, 2015: Provided, That of the funds
appropriated under this heading, up to $250,000,000 should be made
available for assistance for Egypt and not less than $360,000,000 shall
be available for assistance for Jordan: Provided further, That of the
funds appropriated under this heading, not less than $135,000,000 shall
be apportioned directly to the United States Agency for International
Development for alternative development/institution building and local
governance programs in Colombia.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
$130,500,000, to remain available until September 30, 2015, of which
$70,500,000 shall be made available for the Human Rights and Democracy
Fund of the Bureau of Democracy, Human Rights, and Labor, Department of
State, and $60,000,000 shall be made available for the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses
of personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title
5, United States Code; purchase and hire of passenger motor vehicles;
and services as authorized by section 3109 of title 5, United States
Code, $1,387,000,000, to remain available until expended, of which not
less than $35,000,000 shall be made available to respond to small-scale
emergency humanitarian requirements: Provided, That $15,000,000 of the
funds appropriated under this heading in this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs shall be made available for refugees resettling in
Israel: Provided further, That no amounts in the previous proviso may
be made available 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.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $50,000,000, to remain available until expended.
complex foreign crises fund
(including transfer of funds)
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to address complex foreign challenges and
crises, including to prevent or respond to emerging or unforeseen
complex crises, support political transitions in the Middle East and
North Africa, and address instability caused by conflict in Syria,
$40,000,000, to remain available until expended: Provided, That funds
appropriated under this heading may be made available notwithstanding
any other provision of law, except for section 620M of the Foreign
Assistance Act of 1961, as amended by this Act: Provided further, That
none of such funds may be made available for lethal assistance or to
respond to natural disasters: Provided further, That the Secretary of
State shall be responsible for the uses of funds appropriated under
this heading: Provided further, That funds appropriated under this
heading--
(1) may be used for administrative expenses of departments
and agencies implementing, managing, and conducting oversight
of programs funded under this heading, in addition to funds
otherwise made available for such purposes: Provided, That
such expenses may not exceed 5 percent of the funds
appropriated under this heading;
(2) may be made available, notwithstanding any provision of
this Act, for assistance for a country, program, project, or
activity in excess of any limitation on such amount in this
Act;
(3) may be made available to finance enterprise funds for
Egypt, Tunisia, and Jordan: Provided, That the first, third
and fifth provisos under section 7041(b) of division I of
Public Law 112-74 shall apply to funds appropriated under this
heading for an enterprise fund or funds to the same extent and
in the manner as such provision of law applied to funds made
available under such section (except that the clause excluding
subsection (d)(3) of section 201 of the SEED Act shall not
apply): Provided further, That the authority of any such
enterprise fund or funds to provide assistance shall cease to
be effective on December 31, 2024;
(4) may be made available for the costs, as defined in
section 502 of the Congressional Budget Act of 1974, of loan
guarantees for Egypt, Tunisia, and Jordan, which are authorized
to be provided;
(5) may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Conflict
Stabilization Operations'', and may be used for the purposes of
and pursuant to the authorities relating to funds made
available under the headings ``Contributions for International
Peacekeeping Activities'' and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'': Provided, That any
such transfer and use shall be subject to prior consultation
with the appropriate congressional committees;
(6) shall be subject to prior consultation with the
appropriate congressional committees, and the regular
notification procedures of the Committees on Appropriations,
except that such notifications shall be transmitted at least 5
days prior to the obligation of funds.
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, $385,000,000, of which $5,150,000 is
for the Office of Inspector General, to remain available until
September 30, 2015: 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 $104,000 may be available for
representation expenses, of which not to exceed $4,000 may be made
available for entertainment expenses: Provided further, That any
decision to open, close, significantly reduce, or suspend a domestic or
overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel,
pursuant to section 7015(e) of this Act: Provided further, That none
of the funds appropriated under this heading shall be used to pay for
abortions: Provided further, That notwithstanding the previous
proviso, section 614 of division C of Public Law 112-74 shall apply to
funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the
Millennium Challenge Act of 2003 (MCA), $899,000,000, 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 MCA for fiscal year 2014: Provided
further, That section 605(e) of the MCA 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 MCA 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 commencing negotiations for any country compact or threshold
country program; signing any such compact or threshold program; or
terminating or suspending any such compact or threshold program:
Provided further, That funds appropriated under this heading by this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to
implement section 609(g) of the MCA shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, That no country shall be eligible for a threshold program
after such country has completed a country compact, and no country
shall be eligible for a second compact unless its score under the
Control of Corruption indicator since signing a first compact has
significantly improved: Provided further, That any funds that are
deobligated from a Millennium Challenge Compact shall be subject to the
regular notification procedures of the Committees on Appropriations
prior to re-obligation: Provided further, That notwithstanding section
606(a)(2) of the MCA, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's
lower middle income country threshold for the fiscal year and is among
the 75 lowest per capita income countries as identified by the World
Bank; and the country meets the requirements of section 606(a)(1)(B) of
the MCA: Provided further, That notwithstanding section 606(b)(1) of
the MCA, in addition to countries described in the preceding proviso, a
country shall be a candidate country for purposes of eligibility for
assistance for the fiscal year if the country has a per capita income
equal to or below the World Bank's lower middle income country
threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA: Provided further,
That any Millennium Challenge Corporation candidate country under
section 606 of the MCA with a per capita income that changes in the
fiscal year such that the country would be reclassified from a low
income country to a lower middle income country or from a lower middle
income country to a low income country shall retain its candidacy
status in its former income classification for the fiscal year and the
2 subsequent fiscal years: Provided further, That publication in the
Federal Register of a notice of availability of a copy of a Compact on
the Millennium Challenge Corporation Web site shall be deemed to
satisfy the requirements of section 610(b)(2) of the MCA for such
Compact: Provided further, That of the funds appropriated under this
heading, not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses.
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, 2015: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states 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, 2015, of which not
to exceed $2,000 may be available for representation expenses:
Provided, That section 503(a) of the African Development Foundation Act
(Public Law 96-533; 22 U.S.C. 290h-1(a)) is hereby amended by inserting
``United States'' before ``African Development'': Provided further,
That funds made available to grantees may be invested pending
expenditure for project purposes when authorized by the Board of
Directors of the United States African Development Foundation (USADF):
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 USADF
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 USADF 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, $23,500,000, to remain available
until September 30, 2016, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $1,025,000,000, to remain available until
September 30, 2015: Provided, That of the funds appropriated under
this heading in this Act, not less than $550,000,000 shall be made
available for rule of law programs: Provided further, That up to 10
percent of funds appropriated under this heading may be made available
for program development and support: Provided further, That the
provision of assistance by any other United States Government
department or agency which is comparable to assistance made available
under this heading but which is provided under any other provision of
law, shall be administered in accordance with the provisions of
sections 481(b) and 622(c) of the Foreign Assistance Act of 1961:
Provided further, That of the funds appropriated under this heading,
not less than $5,000,000 shall be made available to combat piracy of
United States copyright 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 the reporting requirements contained
in section 1404 of Public Law 110-252 shall apply to funds made
available by this Act, including a description of modifications, if
any, to the Palestinian Authority's security strategy: Provided
further, That funds appropriated under this heading shall be made
available for rule of law programs for transitional and post-conflict
states, and for activities to coordinate rule of law programs among
foreign governments, international and nongovernmental organizations,
and other United States Government agencies: Provided further, That
the Department of State may 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 such property 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 funds appropriated under this
heading that are made available for the International Police
Peacekeeping Operations Support Program shall only be made available on
a cost-matching basis from sources other than the United States
Government: Provided further, That section 482(b) of the Foreign
Assistance Act of 1961 shall not apply to funds appropriated under this
heading, except that any funds made available notwithstanding such
section shall be subject to the regular notification procedures of the
Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $700,000,000, to remain
available until September 30, 2015, 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 for the clearance of unexploded ordnance,
the Secretary of State should prioritize those areas where such
ordnance was caused by the United States: Provided further, That funds
made available under this heading for the Nonproliferation and
Disarmament Fund shall be available 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, and shall remain
available until expended: 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 made available for
conventional weapons destruction programs, including 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 such programs and activities: 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, 2015.
peacekeeping operations
(including transfer of funds)
For necessary expenses to carry out the provisions of section 551
of the Foreign Assistance Act of 1961, $250,900,000: 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 of the
funds appropriated under this heading, not less than $36,000,000 shall
be made available for a United States contribution to the Multinational
Force and Observers mission in the Sinai, of which of up to $8,000,000
may be made available to address force protection requirements:
Provided further, That funds transferred to, or otherwise made
available under this heading, may be used to pay assessed expenses of
international peacekeeping activities in Somalia: 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 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, $105,000,000, of which up to
$4,000,000 may remain available until September 30, 2015, and may only
be provided through the regular notification procedures of the
Committees on Appropriations: Provided, That the civilian personnel
for whom military education and training may be provided under this
heading may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations,
civilian control of the military, or respect for human rights:
Provided further, That of the funds appropriated under this heading,
not to exceed $55,000 may be available for entertainment expenses.
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,
$5,365,000,000: Provided, That to expedite the provision of assistance
to foreign countries and international organizations, the Secretary of
State, following consultation with the Committees on Appropriations and
subject to the regular notification procedures of such Committees, may
use the funds appropriated under this heading to procure defense
articles and services to enhance the capacity of foreign security
forces: Provided further, That of the funds appropriated under this
heading, not less than $3,100,000,000 shall be available for grants
only for Israel, and up to $1,300,000,000 should be available for
grants only for Egypt: Provided further, That the funds appropriated
under this heading for assistance for Israel shall be disbursed within
30 days of enactment of this Act: Provided further, That to the extent
that the Government of Israel requests that funds be used for such
purposes, grants made available for Israel under this heading shall, as
agreed by the United States and Israel, be available for advanced
weapons systems, of which not less than $815,300,000 shall be available
for the procurement in Israel of defense articles and defense services,
including research and development: Provided further, That funds
appropriated under this heading estimated to be outlayed for Egypt
during fiscal year 2014 may be transferred to an interest bearing
account for Egypt in the Federal Reserve Bank of New York: Provided
further, That of the funds appropriated under this heading, not less
than $300,000,000 shall be made available for assistance for Jordan:
Provided further, That none of the funds made available under this
heading 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 coordination with the
Secretary of Defense, has justified such program to the Committees on
Appropriations: Provided further, That funds appropriated or otherwise
made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act: Provided
further, That funds made available under this heading shall be
obligated upon apportionment in accordance with paragraph (5)(C) of
title 31, United States Code, section 1501(a).
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, That all country and funding level increases in allocations
shall be submitted through the regular notification procedures of
section 7015 of this Act: Provided further, That funds made available
under this heading may be used, notwithstanding any other provision of
law, for demining, the clearance of unexploded ordnance, and related
activities, and may include activities implemented through
nongovernmental and international organizations: Provided further,
That only those countries for which assistance was justified for the
``Foreign Military Sales Financing Program'' in the fiscal year 1989
congressional presentation for security assistance programs may utilize
funds made available under this heading for procurement of defense
articles, defense services or design and construction services that are
not sold by the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely payment
for defense articles and services: Provided further, That not more
than $60,000,000 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 not less than 0.1 percent of the funds
appropriated by this Act for assistance for the security forces of
foreign countries shall be transferred to and merged with funds
appropriated by this Act under the heading ``Diplomatic and Consular
Programs'', except that this proviso shall not be applied to reduce
mandatory funding directives under this heading: Provided further,
That such transferred funds shall be used for necessary expenses to
enable the Bureau of Democracy, Human Rights and Labor, Department of
State to carry out the requirements of section 620M of the Foreign
Assistance Act of 1961: Provided further, That such funds shall remain
available until expended and are in addition to amounts otherwise
available for such purposes: Provided further, That of the funds made
available 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 expenses: Provided further, That not more than
$885,000,000 of funds realized pursuant to section 21(e)(1)(A) of the
Arms Export Control Act may be obligated for expenses incurred by the
Department of Defense during fiscal year 2013 pursuant to section 43(b)
of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301
of the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $355,700,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy Fund:
Provided further, That notwithstanding any other provision of law,
funds appropriated under this heading for international contributions
for scientific, educational, and cultural activities may be made
available only to the World Heritage 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, $143,750,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,358,500,000, to remain available until
expended: Provided, That of the funds appropriated under this heading,
$50,000,000 may not be obligated until the Secretary of the Treasury
reports to the Committees on Appropriations that the World Bank has
agreed to allocate the equivalent of the total amount of interest and
other fees received in connection with loans for the construction of
the Chixoy Hydroelectric Dam to implement the April 2010 Reparations
Plan.
For payment to the International Development Association by the
Secretary of the Treasury to satisfy commitments made by the United
States to support the Multilateral Debt Relief Initiative, including
through generation of early encashment credits, $145,300,000, 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,
$186,956,866, 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 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, $215,700,000, 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, $68,000,000, 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, $135,000,000, 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, $102,020,448, to remain available until
expended: Provided, That of the funds appropriated under this heading,
$25,000,000 may not be obligated until the Secretary of the Treasury
reports to the Committees on Appropriations that the Inter-American
Development Bank has agreed to allocate the equivalent of the total
amount of interest and other fees received in connection with loans for
the construction of the Chixoy Hydroelectric Dam to implement the April
2010 Reparations Plan.
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, $6,298,000, 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, $106,585,848, 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, $115,250,000, 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, $195,000,000, to remain available until expended.
For payment to the African Development Fund by the Secretary of the
Treasury to satisfy commitments made by the United States to support
the Multilateral Debt Relief Initiative, including through generation
of early encashment credits, $30,000,000, to remain available until
expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available
until expended.
International Monetary Programs
united states quota, international monetary fund
For an increase in the United States quota in the International
Monetary Fund, the dollar equivalent of 40,871,800,000 Special Drawing
Rights, to remain available until expended: Provided, That
notwithstanding the provisos under the heading ``International
Assistance Programs--International Monetary Programs--United States
Quota, International Monetary Fund'' in Public Law 111-32, the costs of
the amounts provided under this heading in this Act and in Public Law
111-32 shall be estimated on a present value basis, excluding
administrative costs and any incidental effects on governmental
receipts or outlays: Provided further, That for purposes of the
previous proviso, the discount rate for purposes of the present value
calculation shall be the appropriate interest rate on marketable
Treasury securities: Provided further, That section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, shall not apply to amounts under this heading.
loans to international monetary fund
(including rescission of funds)
Of the amounts provided under the heading ``International
Assistance Programs--International Monetary Programs--Loans to
International Monetary Fund'' in Public Law 111-32, the dollar
equivalent of 40,871,800,000 Special Drawing Rights is rescinded as of
the date when the rollback of the U.S. credit arrangement in the IMF's
New Arrangements to Borrow is effective, but no earlier than when the
increase of the United States quota authorized in section 72 of the
Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) becomes effective:
Provided, That notwithstanding the second through fourth provisos
under the heading ``International Assistance Programs--International
Monetary Programs--Loans to International Monetary Fund'' in Public Law
111-32, the costs of the amounts under this heading in this Act and in
Public Law 111-32 shall be estimated on a present value basis,
excluding administrative costs and any incidental effects on
governmental receipts or outlays: Provided further, That for purposes
of the previous proviso, the discount rate for purposes of the present
value calculation shall be the appropriate interest rate on marketable
Treasury securities: Provided further, That section 251(b)(2)(A) of
the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, shall not apply to amounts under this heading.
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, $5,100,000, to remain available until September 30, 2015.
program account
The Export-Import Bank (the 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 not less than 20 percent of the aggregate loan,
guarantee, and insurance authority available to the Bank under this Act
shall be used to finance exports directly by small business concerns
(as defined under section 3 of the Small Business Act): Provided
further, That the Bank shall work within the Organization for Economic
Cooperation and Development (OECD) to establish carbon emissions
requirements for new coal-fired power plants that reflect best
practices in the United States and other OECD countries: Provided
further, That the use of the aggregate loan, guarantee, and insurance
authorities available to the Bank in fiscal year 2014 shall not result
in greenhouse gas emissions from the extraction or production of fossil
fuels or the use of fossil fuels in electricity generation that exceed
the average of the total emissions in the previous 5 fiscal years
resulting from the use of such authorities unless, not less than 15
days prior to each such use of such authorities in fiscal year 2014,
the Bank posts on its Web site that such use would result in emissions
exceeding this amount and indicating the amount of the increase:
Provided further, That not less than 10 percent of the aggregate loan,
guarantee, and insurance authority available to the Bank under this Act
should be used for renewable energy technologies or 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, 2014.
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 $125,000,000, of which $10,500,000
shall remain available until expended: Provided, That the Export-
Import Bank (the 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 September 30, 2015: Provided further, That the 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 Bank,
repossession or sale of pledged collateral or other assets acquired by
the Bank in satisfaction of moneys owed the Bank, or the investigation
or appraisal of any property, or the evaluation of the legal,
financial, or technical aspects of any transaction for which an
application for a loan, guarantee or insurance commitment has been
made, or systems infrastructure directly supporting transactions:
Provided further, That, in addition to other funds appropriated for
administrative expenses, such fees shall be credited to this account,
to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in
an amount not to exceed the amount appropriated herein, shall be
credited as offsetting collections to this account: Provided, That the
sums herein appropriated from the General Fund shall be reduced on a
dollar-for-dollar basis by such offsetting collections so as to result
in a final fiscal year appropriation from the General Fund estimated at
$0: Provided further, That amounts collected in fiscal year 2014 in
excess of obligations, up to $10,000,000, shall become available on
September 1, 2014, and shall remain available until September 30, 2017.
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 $71,800,000: 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, $31,000,000, 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 2014, 2015, and 2016:
Provided further, That funds so obligated in fiscal year 2014 remain
available for disbursement through 2022; funds obligated in fiscal year
2015 remain available for disbursement through 2023; and funds
obligated in fiscal year 2016 remain available for disbursement through
2024: 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, $62,662,000, to remain available
until September 30, 2015: Provided, That of the funds appropriated
under this heading, not more than $4,000 may be available for
representation and entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by 5 U.S.C. 3109; and for hire of
passenger transportation pursuant to 31 U.S.C. 1343(b).
unobligated balances report
Sec. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a
quarterly accounting of cumulative unobligated balances and obligated,
but unexpended, balances by program, project, and activity, and
Treasury Account Fund Symbol of all funds received by such department
or agency in fiscal year 2014 or any previous fiscal year,
disaggregated by fiscal year: Provided, That the report required by
this section should specify by account the amount of funds obligated
pursuant to bilateral agreements which have not been further sub-
obligated.
consulting services
Sec. 7003. The expenditure of any appropriation under title I of
this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive Order issued pursuant to existing law.
diplomatic facilities
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 2014 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) The reporting requirement contained in section 7004(f)(2) of
division I of Public Law 112-74 shall remain in effect.
(f)(1) Of the funds appropriated by this Act under the headings
``Diplomatic and Consular Programs'' and ``Embassy Security,
Construction, and Maintenance'' (from proceeds of sale only), not less
than $25,000,000 shall be made available to address security
vulnerabilities at expeditionary, interim, and temporary facilities
abroad, including physical security upgrades and local guard staffing:
Provided, That the uses of such funds shall be the responsibility of
the Assistant Secretary of State for the Bureau of Diplomatic Security
and Foreign Missions, in consultation with the Director of the Bureau
of Overseas Buildings Operations: Provided further, That such funds
shall be subject to prior consultation with the appropriate
congressional committees.
(2) Not later than 90 days after enactment of this Act, the
Secretary of State shall submit a report to the appropriate
congressional committees detailing the policies, standards, and
procedures for the construction and operation of expeditionary,
interim, and temporary diplomatic facilities, including any waiver of
security requirements and accommodation of temporary surges in
personnel or programs: Provided, That such report shall include a list
of all expeditionary, interim, and temporary diplomatic facilities and
the number of personnel and security costs for each such facility:
Provided further, That the report required by this paragraph may be
submitted in classified form if necessary.
(3) Notwithstanding any other provision of law, the opening,
closure, or any modification to an expeditionary, interim, or temporary
diplomatic facility shall be subject to prior consultation with the
appropriate congressional committees and the regular notification
procedures of the Committees on Appropriations, except that such
consultation and notification may be waived if there is a security risk
to personnel.
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), 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.
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 North Korea, Iran, or Syria: Provided, That for
purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, That assistance may be resumed to
such government if the President 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, and
merged with, 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, and merged with, 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 2014, for programs under title VI of this Act
may be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 25
percent by any such transfer: Provided, That the exercise of such
authority shall be subject to the regular notification procedures of
the Committees on Appropriations.
(c) Limitation on Transfers Between Agencies.--
(1) None of the funds made available under titles II
through V of this Act may be transferred to any department,
agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority
provided in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(3) Any agreement entered into by the United States Agency
for International Development (USAID) or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such Act,
with funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ``Global Health
Programs'', ``Development Assistance'', and ``Economic Support
Fund'' shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided, That the
requirement in the previous sentence shall not apply to
agreements entered into between USAID and the Department of
State.
(d) Transfers Between Accounts.--None of the funds made available
under titles II through V of this Act may be obligated under an
appropriation account to which such funds were not appropriated, except
for transfers specifically provided for in this Act, unless the
President, not less than 5 days prior to the exercise of any authority
contained in the Foreign Assistance Act of 1961 to transfer funds,
consults with and provides a written policy justification to the
Committees on Appropriations.
(e) Audit of Inter-agency Transfers.--Any agreement for the
transfer or allocation of funds appropriated by this Act, or prior
Acts, entered into between the Department of State or USAID and another
agency of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such funds,
or other entity with audit responsibility if the receiving agency does
not have an IG, shall perform periodic program and financial audits of
the use of such funds: Provided, That such audits shall be transmitted
to the Committees on Appropriations: Provided further, That funds
transferred under such authority may be made available for the cost of
such audits.
reporting requirement
Sec. 7010. The Secretary of State shall provide the Committees on
Appropriations, not later than April 1, 2014, 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'', and ``Peacekeeping Operations'':
Provided, That such report shall include a description of the
obligation and expenditure of funds, and the specific country in
receipt of, and the use or purpose of, the assistance provided by such
funds.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act
shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated for the purposes of chapters 1 and 8
of part I, section 661, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961, section 23 of the Arms Export Control
Act, and funds provided under the heading ``Development Credit
Authority'' shall remain available for an additional 4 years from the
date on which the availability of such funds would otherwise have
expired, if such funds are initially obligated before the expiration of
their respective periods of availability contained in this Act:
Provided further, That notwithstanding any other provision of this Act,
any funds made available for the purposes of chapter 1 of part I and
chapter 4 of part II of the Foreign Assistance Act of 1961 which are
allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially allocated or obligated before the expiration of their
respective periods of availability contained in this Act: Provided
further, That the Secretary of State shall provide a report to the
Committees on Appropriations at the beginning of each fiscal year,
detailing by account and source year, the use of this authority during
the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. No part of any appropriation provided under titles III
through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess
of 1 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 2014 on funds
appropriated by this Act by a foreign government or entity against
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 2015 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 for countries which do not assess taxes on United States
assistance or which have an effective arrangement that is providing
substantial reimbursement of such taxes, and that can reasonably
accommodate such assistance in a programmatically responsible manner.
(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 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;
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include individual
income taxes assessed to local staff or personal services
contractors.
(h) Report.--The head of each Department or agency administering
funds appropriated under titles III through VI of this Act shall submit
a report to the Committees on Appropriations not later than 90 days
after the enactment of this Act detailing steps taken by such
Department or agency to comply with the requirements provided in
subsections (a) and (f).
reservations of funds
Sec. 7014. (a) Funds appropriated under titles II through VI of
this Act which are specifically designated may be reprogrammed for
other programs within the same account notwithstanding the designation
if compliance with the designation is made impossible by operation of
any provision of this or any other Act: Provided, That any such
reprogramming shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That assistance
that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally provided.
(b) In addition to the authority contained in subsection (a), the
original period of availability of funds appropriated for economic
assistance by this Act 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 Secretary of State or the
Administrator of the United States Agency for International
Development, as appropriate, determines and reports promptly to the
Committees on Appropriations that the termination of assistance to a
country or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period of
availability: Provided, That such designated funds that continue to be
available for an additional fiscal year shall be obligated only for the
purpose of such designation.
(c) Ceilings and specifically designated funding levels contained
in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this
Act.
notification requirements
Sec. 7015. (a) None of the funds made available in titles I and II
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 2014, 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, closes, reorganizes, or renames bureaus,
centers, or offices;
(7) reorganizes programs or activities; or
(8) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds: Provided, That unless
previously justified to the Committees on Appropriations, the
requirements of this subsection shall apply to all obligations
of funds appropriated under titles I and II of this Act for
paragraphs (5) and (6) of this subsection.
(b) None of the funds provided under titles I and II of this Act,
or provided under previous appropriations Acts to the agency or
department funded under titles I and II of this Act that remain
available for obligation or expenditure in fiscal year 2014, 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 III through VI of
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Peacekeeping Operations'', ``Conflict Stabilization Operations'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Millennium Challenge Corporation'', ``Foreign Military Financing
Program'', ``International Military Education and Training'', and
``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days
in advance: Provided, That the President shall not enter into any
commitment of funds appropriated for the purposes of section 23 of the
Arms Export Control Act for the provision of major defense equipment,
other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not
previously justified to Congress or 20 percent in excess of the
quantities justified to Congress unless the Committees on
Appropriations are notified 15 days in advance of such commitment:
Provided further, That requirements of this subsection or any similar
provision of this or any other Act shall not apply to any reprogramming
for an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent of the
amount previously justified to the Congress for obligation for such
activity, program, or project for the current fiscal year.
(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 of
this Act shall be obligated or expended for assistance for Afghanistan,
Bahrain, Burma, Cambodia, Cuba, Egypt, Guatemala, Haiti, Honduras,
Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Federation, Somalia,
Sri Lanka, South Sudan, Sudan, Syria, Tunisia, Uzbekistan, Yemen, or
Zimbabwe except as provided through the regular notification procedures
of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as
other committees pursuant to subsection (f) of that section: Provided,
That before issuing a letter of offer to sell excess defense articles
under the Arms Export Control Act, the Department of Defense shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if such defense articles are
significant military equipment (as defined in section 47(9) of the Arms
Export Control Act) or are valued (in terms of original acquisition
cost) at $7,000,000 or more, or if notification is required elsewhere
in this Act for the use of appropriated funds for specific countries
that would receive such excess defense articles: Provided further,
That such Committees shall also be informed of the original acquisition
cost of such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. Subject to the regular notification procedures of the
Committees on Appropriations, funds appropriated under titles III
through VI of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, which
are returned or not made available for organizations and programs
because of the implementation of section 307(a) of the Foreign
Assistance Act of 1961 or section 7049(a) of this Act, shall remain
available for obligation until September 30, 2015: Provided, That
section 307(a) of the Foreign Assistance Act of 1961 is amended by
striking ``Burma,''.
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide
any financial incentive to any person to undergo sterilizations. None
of the funds made available to carry out part I of the Foreign
Assistance Act of 1961, as amended, may be used to pay for any
biomedical research which relates in whole or in part, to methods of,
or the performance of, abortions or involuntary sterilization as a
means of family planning. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may be
obligated or expended for any country or organization if the President
certifies that the use of these funds by any such country or
organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Funds provided in this Act shall be made available
for programs and countries in the amounts contained in the respective
tables included in the report accompanying this Act.
(b) For the purposes of implementing this section and only with
respect to the tables included in the report accompanying this Act, the
Secretary of State, the Administrator of the United States Agency for
International Development, and the Broadcasting Board of Governors, as
appropriate, may propose deviations to the amounts referenced in
subsection (a), subject to the regular notification procedures of the
Committees on Appropriations.
representation and entertainment expenses
Sec. 7020. (a) Each Federal department, agency, or entity funded in
titles I and II of this Act, and the Department of the Treasury and
independent agencies funded in titles III and VI of this Act, shall
take steps to ensure that domestic and overseas representation and
entertainment expenses further official agency business and United
States foreign policy interests and are--
(1) primarily for fostering relations outside of the
Executive Branch;
(2) principally for meals and events of a protocol nature;
(3) not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) None of the funds appropriated or otherwise made available by
this Act under the headings ``International Military Education and
Training'' or ``Foreign Military Financing Program'' for Informational
Program activities or under the headings ``Global Health Programs'',
``Development Assistance'', and ``Economic Support Fund'' may be
obligated or expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. (a) Lethal Military Equipment Exports.--
(1) None of the funds appropriated or otherwise made
available by titles III through VI of this Act may be available
to any foreign government which provides lethal military
equipment to a country the government of which the Secretary of
State has determined supports international terrorism for
purposes of section 6(j) of the Export Administration Act of
1979: Provided, That the prohibition under this section with
respect to a foreign government shall terminate 12 months after
that government ceases to provide such military equipment:
Provided further, That this section applies with respect to
lethal military equipment provided under a contract entered
into after October 1, 1997.
(2) Assistance restricted by paragraph (1) or any other
similar provision of law, may be furnished if the President
determines that to do so is important to the national interests
of the United States.
(3) Whenever the President makes a determination pursuant
to paragraph (2), the President shall submit to the Committees
on Appropriations a report with respect to the furnishing of
such assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount of such
assistance, and an explanation of how the assistance furthers
United States national interests.
(b) Bilateral Assistance.--
(1) Funds appropriated for bilateral assistance in titles
III through VI of this Act and funds appropriated under any
such title in prior acts making appropriations for the
Department of State, foreign operations, and related programs,
shall not be made available to any foreign government which the
President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as
a terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) The President may waive the application of paragraph
(1) to a government if the President determines that national
security or humanitarian reasons justify such waiver:
Provided, That the President shall publish each such waiver in
the Federal Register and, at least 15 days before the waiver
takes effect, shall notify the Committees on Appropriations of
the waiver (including the justification for the waiver) in
accordance with the regular notification procedures of the
Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672,
section 15 of the State Department Basic Authorities Act of 1956,
section 313 of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Public Law 103-236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through 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; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to the Congress; or
(2) allocated by the executive branch in accordance with a
report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act: Provided, That prior to conducting activities in a
country for which assistance is prohibited, the agency shall consult
with the Committees on Appropriations and report to such Committees
within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) None of the funds appropriated or made available
pursuant to titles III through VI of this Act for direct assistance and
none of the funds otherwise made available to the Export-Import Bank
and the Overseas Private Investment Corporation shall be obligated or
expended to finance any loan, any assistance or any other financial
commitments for establishing or expanding production of any commodity
for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if
the assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury to
United States producers of the same, similar, or competing commodity,
and the Chairman of the Board so notifies the Committees on
Appropriations: Provided further, That this subsection shall not
prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) activities in a country the Secretary of State
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 Secretary of State
determines is recovering from widespread conflict, a
humanitarian crisis, or a complex emergency.
(c) The Secretary of the Treasury shall instruct the United States
Executive Directors of the international financial institutions, as
defined in section 7029(f) of this Act, to use the voice and vote of
the United States to oppose any assistance by such institutions, using
funds appropriated or made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus
on world markets and if the assistance will cause substantial injury to
United States producers of the same, similar, or competing commodity.
separate accounts
Sec. 7026. (a) Separate Accounts for Local Currencies.--
(1) If assistance is furnished to the government of a
foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under
agreements which result in the generation of local currencies
of that country, the Administrator of the United States Agency
for International Development (USAID) shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to
be generated; and
(ii) the terms and conditions under which
the currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to
monitor and account for deposits into and disbursements
from the separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only--
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance
activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection
(a)(2).
(4) Termination of assistance programs.--Upon termination
of assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Reporting requirement.--The USAID Administrator shall
report on an annual basis as part of the justification
documents submitted to the Committees on Appropriations on the
use of local currencies for the administrative requirements of
the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local
currency (and United States dollar equivalent) used and/or to
be used for such purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) If assistance is made available to the government of a
foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash
transfer assistance or as nonproject sector assistance, that
country shall be required to maintain such funds in a separate
account and not commingle them with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) Notification.--At least 15 days prior to obligating any
such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by the
assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such
assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of subsection (b)(1) only through
the regular notification procedures of the Committees on
Appropriations.
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961: Provided, That before using the authority of this
subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations under the regular notification procedures
of those committees, including a description of the program to be
assisted, the assistance to be provided, and the reasons for furnishing
such assistance: Provided further, That nothing in this subsection
shall be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) Public Law 480.--During fiscal year 2014, 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.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
impact on jobs in the united states
Sec. 7028. None of the funds appropriated under titles III through
VI of this Act may be obligated or expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States; 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) 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 maternal and child health,
and the prevention, care and treatment of HIV/AIDS, malaria, and
tuberculosis in connection with such institution's financing programs.
(c) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to use the
voice and vote of the United States to oppose any loan, project,
agreement, memorandum, instrument, plan, or other program of the IMF 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 IMF's activities with
respect to Heavily Indebted Poor Countries.
(d) The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to seek
to ensure that each such institution responds to the findings and
recommendations of its accountability mechanisms by providing just
compensation or other appropriate redress to individuals and
communities that suffer violations of human rights, including forced
displacement, resulting from any loan, grant, strategy or policy of
such institution.
(e) 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 economic assistance activities and
debt-for-development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and,
subject to the regular notification procedures of the Committees on
Appropriations, any interest earned on such investment shall be used
for the purpose for which the assistance was provided to that
organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Funds appropriated by this Act may be made available
for direct government-to-government assistance only if--
(A) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency
or ministry have been addressed; and
(i) the recipient agency or ministry
employs and utilizes staff with the necessary
technical, financial, and management
capabilities;
(ii) the recipient agency or ministry has
adopted competitive procurement policies and
systems;
(iii) effective monitoring and evaluation
systems are in place to ensure that such
assistance is used for its intended purposes;
and
(iv) no level of acceptable fraud is
assumed.
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act; and
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis.
(2) In addition to the requirements in subsection (a), no
funds may be made available for direct government-to-government
assistance without prior consultation with, and notification
of, the Committees on Appropriations: Provided, That such
notification shall contain an explanation of how the proposed
activity meets the requirements of paragraph (1): Provided
further, That the requirements of this paragraph shall only
apply to direct government-to-government assistance in excess
of $10,000,000 and all funds available for cash transfer,
budget support, and cash payments to individuals.
(3) The Administrator of the United States Agency for
International Development (USAID) or the Secretary of State, as
appropriate, shall suspend any direct government-to-government
assistance if the Administrator or the Secretary has credible
information of material misuse of such assistance, unless the
Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the
United States to continue such assistance, including a
justification.
(4) The Secretary of State shall submit to the Committees
on Appropriations, concurrent with the fiscal year 2015
congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country, proposed
funding amount, source of funds, and type of assistance.
(5) Not later than 6 months after the enactment of this
Act, the USAID Administrator shall submit to the Committees on
Appropriations a report that--
(A) details all assistance described in subsection
(a) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--Not later
than 90 days after enactment of this Act, the Secretary of
State, in consultation with the heads of other relevant Federal
agencies, shall develop for each government receiving
assistance appropriated by this Act, ``minimum requirements of
fiscal transparency'' which shall be updated and strengthened,
as appropriate, to reflect best practices.
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget information (to include receipts
and expenditures by ministry) and government contracts and
licenses for natural resource extraction (to include bidding
and concession allocation practices).
(3) Determination and report.--For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall make
a determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available
in an annual ``Fiscal Transparency Report'' to be posted on the
Department of State's Web site: Provided, That the Secretary
shall identify the significant progress made by each such
government to publicly disclose national budget information
which is additional to such information disclosed in previous
fiscal years, and include specific recommendations of steps
such government should take to improve budget transparency.
(4) Assistance.--Funds appropriated under title III of this
Act should be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise made available for such purposes.
(c) Anti-Kleptocracy and Human Rights.--
(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, or a gross violation of human rights 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 paragraph
(1) 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 6 months after enactment of this Act,
the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees on
Appropriations describing the information relating to
corruption or violation of human rights concerning each of the
individuals found ineligible in the previous 12 months pursuant
to paragraph (1), or who would be ineligible but for the
application of paragraph (2), a list of any waivers provided
under paragraph (3), and the justification for each waiver.
(5) Any unclassified portion of the report required under
paragraph (4) shall be posted on the Department of State's Web
site, without regard to the requirements of section 222(f) of
the Immigration and Nationality Act (8 U.S.C. 1202(f)) with
respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the United
States.
(d) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and III may be made available to support the provision
of additional information on United States Government foreign
assistance on the Department of State's foreign assistance Web site:
Provided, That all Federal agencies funded under this Act shall provide
such information on foreign assistance, upon request, to the Department
of State.
democracy programs
Sec. 7032. (a) Of the funds appropriated by this Act, not less than
$2,854,595,000 should be made available for democracy programs, as
defined in subsection (c).
(b) Funds made available by this Act for democracy programs may be
made available notwithstanding any other provision of law, and with
regard to the National Endowment for Democracy (NED), any regulation.
(c) For purposes of funds appropriated by this Act, the term
``democracy programs'' means programs that support good governance,
credible and competitive elections, freedom of expression, association,
assembly, and religion, human rights, labor rights, independent media,
and the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development
of democratic states, and institutions that are responsive and
accountable to citizens: Provided, That such term shall also include
programs to rescue scholars from countries denying freedom of
expression.
(d) With respect to the provision of assistance for democracy,
human rights, and governance activities in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country: Provided, That the
Secretary of State, in coordination with the Administrator of the
United States Agency for International Development (USAID), shall
report to the Committees on Appropriations, not later than 120 days
after enactment of this Act, detailing steps taken by the Department of
State and USAID to comply with the requirements of this subsection.
(e) Funds appropriated by this Act that are made available for
democracy programs shall be made available to support freedom of
religion, including in the Middle East and North Africa.
(f) Any funds made available by this Act for a business and human
rights program in the People's Republic of China shall be made
available on a cost-matching basis from sources other than the United
States Government.
(g) The Bureau for Democracy, Human Rights, and Labor, Department
of State (DRL) and the Bureau for Democracy, Conflict and Humanitarian
Assistance, USAID, shall regularly communicate their planned programs
to the NED.
(h) Funds appropriated by this Act under the heading ``Democracy
Fund'' that are made available to DRL shall be made available to
establish and maintain a database of prisons and gulags in North Korea,
including a list of political prisoners, and such database shall be
regularly updated and made publicly available on the Internet, as
appropriate.
(i) Of the funds appropriated by this Act under the headings
``Economic Support Fund'' and ``Democracy Fund'' that are made
available for democracy programs, up to $4,000,000 may be used for the
administrative costs of democracy programs.
multi-year pledges
Sec. 7033. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
special provisions
Sec. 7034. (a) Victims of War, Displaced Children, and Displaced
Burmese.--Funds appropriated in titles III and VI of this Act that are
made available for victims of war, displaced children, displaced
Burmese, and to combat trafficking in persons and assist victims of
such trafficking, may be made available notwithstanding any other
provision of law.
(b) Reconstituting Civilian Police Authority.--In providing
assistance with funds appropriated by this Act under section 660(b)(6)
of the Foreign Assistance Act of 1961, support for a nation emerging
from instability may be deemed to mean support for regional, district,
municipal, or other sub-national entity emerging from instability, as
well as a nation emerging from instability.
(c) World Food Program.--Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for
International Development (USAID), from this or any other Act, may be
made available as a general contribution to the World Food Program,
notwithstanding any other provision of law.
(d) Disarmament, Demobilization and Reintegration.--Notwithstanding
any other provision of law, regulation or Executive order, funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Economic Support Fund'', ``Peacekeeping Operations'',
``International Disaster Assistance'', ``Complex Foreign Crises Fund'',
and ``Transition Initiatives'' may be made available to support
programs to disarm, demobilize, and reintegrate into civilian society
former members of foreign terrorist organizations: Provided, That the
Secretary of State shall consult with the Committees on Appropriations
prior to the obligation of funds pursuant to this subsection: Provided
further, That for the purposes of this subsection the term ``foreign
terrorist organization'' means an organization designated as a
terrorist organization under section 219 of the Immigration and
Nationality Act.
(e) 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 under such section, the Secretary should consider the
following as ``credible evidence'': (1) a final court judgment
(including a default judgment) issued against a current or former
employee of such mission or organization (for which the time period for
appeal has expired); (2) the issuance of a T-visa to the victim; or (3)
a request by the Department of State to the sending state that immunity
of individual diplomats or family members be waived to permit criminal
prosecution: Provided further, That the Secretary should 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 the Trafficking in Persons annual report a concise
summary of each trafficking case involving an A-3 or G-5 visa holder
which meets one or more of the items in the first proviso of this
subsection.
(f) Modification of Amendment.--Section 620M of the Foreign
Assistance Act of 1961 (Limitation on Assistance to Security Forces) is
amended in subsection (d)(5) by inserting ``, equipment, or other types
of assistance'' after ``training''.
(g) Extension of Authorities.--
(1) Section 1(b)(2) of the Passport Act of June 4, 1920 (22
U.S.C. 214(b)(2)) shall be applied by substituting ``September
30, 2014'' for ``September 30, 2010''.
(2) 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 for facilities in
Iraq and Afghanistan through September 30, 2014, except that
the notification and reporting requirements contained in such
section shall include the Committees on Appropriations.
(3) The authority contained in section 1115(d) of Public
Law 111-32 shall remain in effect through September 30, 2014.
(4) Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) shall be applied by substituting ``September
30, 2014'' for ``October 1, 2010'' in paragraph (2).
(5) Section 61(a) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2733(a)) shall be applied by
substituting ``September 30, 2014'' for ``October 1, 2010'' in
paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance Act of 1961
(22 U.S.C. 2385(j)(1)) shall be applied by substituting
``September 30, 2014'' for ``October 1, 2010'' in subparagraph
(B).
(7)(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111-32; 123 Stat. 1904)
shall remain in effect through September 30, 2014.
(B) The authority described in subparagraph (A) may not be
used to pay an eligible member of the Foreign Service (as
defined in section 1113(b) of the Supplemental Appropriations
Act, 2009) a locality-based comparability payment (stated as a
percentage) that exceeds two-thirds of the amount of the
locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of
title 5, United States Code, if such member's official duty
station were in the District of Columbia.
(8) The Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1990 (Public Law 101-167) is
amended--
(A) In section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2013'' and inserting ``2013, and 2014''; and
(ii) in subsection (e), by striking
``2013'' each place it appears and inserting
``2014''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2013'' and inserting
``2014''.
(9) The authorities provided in section 1015(b) of Public
Law 111-212 shall remain in effect through September 30, 2014.
(h) Government Expenditures.--Funds appropriated under title III
and under the heading ``International Narcotics Control and Law
Enforcement'' in this Act should not be made available for assistance
for any government for programs or activities in fiscal year 2014 if
such government has reduced its own expenditures for such programs or
activities as a result of assistance provided in prior fiscal years and
for reasons that are inconsistent with the purposes of such assistance.
(i) Crowd Control Items.--Funds appropriated by this Act may not be
used for tear gas, small arms, light weapons, ammunition, or other
items for crowd control purposes for foreign security forces that use
excessive force to repress peaceful expression, association, or
assembly in countries undergoing democratic transition.
(j) Extension of Rewards.--Section 36 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``serious violations
of international humanitarian law, transnational organized
crime,'' after ``international narcotics trafficking,''; and
(2) by adding at the end the following new paragraph:
``(8) the arrest or conviction in any country, or the
transfer to or conviction by an international criminal tribunal
(including a hybrid or mixed tribunal), of any foreign national
accused of war crimes, crimes against humanity, or genocide, as
defined under the statute of such tribunal.''.
(k) Extensions.--
(1) Section 1244 of Public Law 110-181, as amended, is
further amended by adding at the end of subsection (c)(3)(B)
the following new subparagraph:
``(C) Fiscal year 2014.--Any unused balance of the
total number of principal aliens who may be provided
special immigrant status under this subsection in
fiscal years 2008 through 2013 may be carried forward
and provided through the end of fiscal year 2014,
notwithstanding the provisions of subparagraphs (A) and
(B), and consistent with relevant terms of subsection
(b), except that the one year period during which an
alien must have been employed in accordance with
subsection (b)(1) shall be the period from March 20,
2003 through September 30, 2013, and except that the
principal alien seeking special immigrant status under
this subparagraph shall apply to the Chief of Mission
in accordance with subsection (b)(4) no later than
September 30, 2014.''.
(2) Section 602(b) of Public Law 111-8 is amended by adding
at the end of subsection 602(b)(3)(C):
``(D) Fiscal year 2015.--For fiscal year 2015, the
total number of principal aliens who may be provided
special immigrant status under this section may not
exceed 3,000 per year, except that any unused balance
of the total number of principal aliens who may be
provided special immigrant status in fiscal year 2015,
in addition to any unused balance of the total number
of principal aliens who may be provided special
immigrant status under paragraph (A) of this subsection
in fiscal years 2009 through 2013, may be carried
forward and provided through the end of fiscal year
2015, notwithstanding the provisions of paragraph (C),
except that the alien must have been employed in
accordance with subsection (b)(2)(A)(ii) on or after
October 7, 2001 for not less than 1 year, and except
that the principal alien seeking special immigrant
status under this subparagraph shall apply to the Chief
of Mission in accordance with subsection (b)(2)(D) no
later than September 30, 2014.''.
(l) Department of State Working Capital Fund.--Funds appropriated
by this Act or otherwise made available to the Department of State for
payments to the Working Capital Fund may only be used for the
activities and in the amounts allowed in the President's fiscal year
2014 budget: Provided, That Federal agency components shall be charged
only for their direct usage of each Working Capital Fund service:
Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the component's
purpose and authorities: Provided further, That the Working Capital
Fund shall be paid in advance or reimbursed at rates which will return
the full cost of each service: Provided further, That the Working
Capital Fund shall be subject to the requirements of section 7015 of
this Act.
(m) Contingencies.--During fiscal year 2014, the President may use
up to $100,000,000 under the authority of section 451 of the Foreign
Assistance Act of 1961, notwithstanding any other provision of law.
(n) Limitations.--
(1)(A) None of the funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available for
assistance for the Palestinian Authority, if after the date of
enactment of this Act--
(i) the Palestinians obtain the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof
outside an agreement negotiated between Israel and the
Palestinians; or
(ii) the Palestinians initiate an International
Criminal Court judicially authorized investigation, or
actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged
crimes against Palestinians.
(B) The Secretary of State may waive the restrictions in
subparagraph (A) if the Secretary certifies to the Committees
on Appropriations that to do so is in the national security
interest of the United States, and submits a report to such
Committees detailing how the waiver and the continuation of
assistance would assist in furthering Middle East peace.
(2)(A) The President may waive the provisions of section
1003 of Public Law 100-204 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 the Palestinians have not, after the date
of enactment of this Act, obtained in the United Nations or any
specialized agency thereof the same standing as member states
or full membership as a state outside an agreement negotiated
between Israel and the Palestinians.
(B) Not less than 90 days after the President is unable to
make the certification pursuant to subparagraph (A), the
President may waive section 1003 of Public Law 100-204 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 the Palestinians have
entered into direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section 1003 of
Public Law 100-204 under subparagraph (A) of this paragraph or
under previous provisions of law must expire before the waiver
under the preceding sentence may be exercised.
(C) Any waiver pursuant to this paragraph 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.
(o) Global Women's Issues.--In furtherance of the Presidential
Memorandum of January 30, 2013, there is hereby established an Office
of Global Women's Issues headed by a Coordinator for Global Women's
Issues designated by the Secretary of State, who may also be appointed
as an Ambassador-at-Large, and who shall, to the extent the Secretary
may direct, provide guidance and direction on assistance provided for
these or related purposes, in consultation, as appropriate, with the
USAID Senior Coordinator for Gender Equality and Women's Empowerment.
(p) Microenterprise and Microfinance.--
(1) Notwithstanding the requirements of section 245(a)(1)
and (2) of the Foreign Assistance Act of 1961, the USAID
Administrator may certify, pursuant to section 254(a)(3) of
such Act, poverty assessment tools developed by an organization
other than USAID.
(2) Section 258(b) of the Foreign Assistance Act of 1961 is
amended as follows:
(A) by striking paragraph (1) and paragraphs (6)
through (11); and
(B) by redesignating paragraphs (2) through (5) as
paragraphs (1) through (4), respectively.
(q) Property Management.--Section 585(a) of Public Law 101-513 is
amended by inserting ``and for maintenance'' after ``of that Act''.
(r) Evaluations of Assistance.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance funded under
the headings ``International Disaster Assistance'', ``Complex Foreign
Crises Fund'', and ``Migration and Refugee Assistance'' should be made
available for the independent and systematic collection and reporting
of information obtained directly from beneficiaries of such assistance
regarding the quality and utility of such assistance, for the purpose
of maximizing its cost effectiveness: Provided, That the Department of
State and USAID, as appropriate, shall post summaries of such
information on their Web sites.
(s) International Cooperative Administrative Support Services.--The
Secretary of State shall develop a process by which any agency
participating in the International Cooperative Administrative Support
Services (ICASS) program shall provide a cost analysis and
justification for the agency's decision to opt out, in whole or in
part, of ICASS services: Provided, That such process shall be
developed in coordination with the ICASS Service Center and
participating agencies to ensure that the process is not overly
burdensome: Provided further, That the Secretary of State shall
conduct a review of ICASS services provided by the Department of State
to identify options for cost savings and program efficiencies,
including reevaluating the number of United States officials overseas
needed to provide ICASS services, the ICASS services currently provided
at post that would be more cost-effective if provided by the Department
of State from its offices in the United States, and the Department's
implementation of recommendations for such cost-savings and
efficiencies in the Office of Inspector General's audits and
inspections issued since October 1, 2012: Provided further, That the
Secretary shall submit a report to the Committees on Appropriations not
later than 90 days after enactment of this Act, detailing the results
of the review and steps taken to implement this subsection.
(t) Science and Technology.--Of the amounts made available by this
or any other Act under the heading ``Diplomatic and Consular
Programs'', up to $1,000,000 may be made available for grants pursuant
to section 504 of Public Law 95-426 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities.
(u) Fraud Prevention and Detection Fees.--In addition to the uses
permitted pursuant to section 286(v)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1356(v)(2)(A)), the Secretary of State may
also use fees deposited into the Fraud Prevention and Detection Account
for programs and activities: (i) to increase the number of personnel
assigned to the function of preventing and detecting visa fraud; and
(ii) to purchase, lease, construct, and staff facilities used for the
processing of the class of visas described in subparagraphs (H)(i),
(H)(ii), or (L) of section 101(a)(15) of that Act.
(v) Prize Authority.--Funds appropriated in this Act may be made
available for prizes in accordance with section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980, except that foreign citizens
and foreign private entities may be eligible for such prizes
notwithstanding section 24(g)(3) of such Act.
(w) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund (in this section referred to as the ``Fund'')
established pursuant to section 525(b)(1) of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 2005 (Public
Law 108-477) may be made available for pharmaceuticals and other
products for other global health and child survival activities to the
same extent as HIV/AIDS pharmaceuticals and other products, subject to
the terms and conditions in such section: Provided, That the authority
in section 525(b)(5) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108-477) shall
not be exercised by the Coordinator of United States Activities to
Combat HIV/AIDS Globally with respect to funds deposited for non-HIV/
AIDS pharmaceuticals and other products.
(x) Working Capital Fund.--
(1) The USAID Administrator (the Administrator) is
authorized to establish a Working Capital Fund (the Fund).
(2) 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: (A) personal and non-
personal services; (B) training; (C) supplies; and (D) other
administrative costs related to procurement reform and
management of the Fund.
(3) 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 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.
(4) 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.
(5) At the close of fiscal year 2014 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
Appropriations 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.
(y) Definitions.--(1) Unless otherwise defined in this Act, for
purposes of this Act the term ``appropriate congressional committees''
shall mean the Committees on Appropriations and Foreign Relations of
the Senate and the Committees on Appropriations and Foreign Affairs of
the House of Representatives.
(2) Unless otherwise defined in this Act, for purposes of this Act
the term ``funds appropriated in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs'' shall mean funds that remain available for
obligation, and have not expired.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with
Israel, is an impediment to peace in the region and to United
States investment and trade in the Middle East and North
Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should
continue to vigorously oppose the Arab League boycott of Israel
and find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading
partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing
businesses that do comply.
palestinian statehood
Sec. 7036. (a) Limitation on Assistance.--None of the funds
appropriated under titles III through VI of this Act may be provided to
support a Palestinian state unless the Secretary of State determines
and certifies to the appropriate congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through
measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its
citizens, and should enact other laws and regulations assuring
transparent and accountable governance.
(c) Waiver.--The President may waive subsection (a) if the
President determines that it is important to the national security
interests of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply
to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the
Palestinian Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and
Jericho or any successor Palestinian governing entity provided for in
the Israel-PLO Declaration of Principles: Provided, That this
restriction shall not apply to the acquisition of additional space for
the existing Consulate General in Jerusalem: Provided further, That
meetings between officers and employees of the United States and
officials of the Palestinian Authority, or any successor Palestinian
governing entity provided for in the Israel-PLO Declaration of
Principles, for the purpose of conducting official United States
Government business with such authority should continue to take place
in locations other than Jerusalem: Provided further, That as has been
true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the
Palestinian Authority), have social contacts, and have incidental
discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
assistance for the west bank and gaza
Sec. 7039. (a) Oversight.--For fiscal year 2014, 30 days prior to
the initial obligation of funds for the bilateral West Bank and Gaza
Program, the Secretary of State shall certify to the Committees on
Appropriations that procedures have been established to assure the
Comptroller General of the United States will have access to
appropriate United States financial information in order to review the
uses of United States assistance for the Program funded under the
heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that
have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to
be involved in, or advocating terrorist activity or determined to be a
member of a designated foreign terrorist organization: Provided, That
the Secretary of State shall, as appropriate, establish procedures
specifying the steps to be taken in carrying out this subsection and
shall terminate assistance to any individual, entity, or educational
institution which the Secretary has determined to be involved in or
advocating terrorist activity.
(c) Prohibition.--
(1) None of the funds appropriated under titles III through
VI of this Act for assistance under the West Bank and Gaza
Program may be made available for the purpose of recognizing or
otherwise honoring individuals who commit, or have committed
acts of terrorism.
(2) Notwithstanding any other provision of law, none of the
funds made available by this or prior appropriations Acts,
including funds made available by transfer, may be made
available for obligation for security assistance for the West
Bank and Gaza until the Secretary of State reports to the
Committees on Appropriations on the benchmarks that have been
established for security assistance for the West Bank and Gaza
and reports on the extent of Palestinian compliance with such
benchmarks.
(d) Audits.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits,
inspections, and other activities in furtherance of the
requirements of this subsection: Provided, That such funds are
in addition to funds otherwise available for such purposes.
(e) Subsequent to the certification specified in subsection (a),
the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds for
the bilateral West Bank and Gaza Program, including all funds provided
as cash transfer assistance, in fiscal year 2014 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. 7040. (a) Prohibition of Funds.--None of the funds
appropriated by this Act to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961 may be obligated or
expended with respect to providing funds to the Palestinian Authority.
(b) Waiver.--The prohibition included in subsection (a) shall not
apply if the President certifies in writing to the Speaker of the House
of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important
to the national security interests of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) Report.--Whenever the waiver authority pursuant to subsection
(b) is exercised, the President shall submit a report to the Committees
on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting
procedures in place to ensure that the funds are properly disbursed:
Provided, That the report shall also detail the steps the Palestinian
Authority has taken to arrest terrorists, confiscate weapons and
dismantle the terrorist infrastructure.
(e) Certification.--If the President exercises the waiver authority
under subsection (b), the Secretary of State must certify and report to
the Committees on Appropriations prior to the obligation of funds that
the Palestinian Authority has established a single treasury account for
all Palestinian Authority financing and all financing mechanisms flow
through this account, no parallel financing mechanisms exist outside of
the Palestinian Authority treasury account, and there is a single
comprehensive civil service roster and payroll.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with Hamas
and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (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 of 1961, as added by the
Palestine 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.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Funds appropriated by this Act that are available for
assistance for the Government of Egypt may only be obligated in
the following manner--
(A) 25 percent of such funds may be made available
after enactment of this Act;
(B) 25 percent of such funds may be made available
if the Secretary of State certifies to the appropriate
congressional committees that the Government of Egypt
is supporting inclusive political processes and
institutions, including permitting pro-democracy and
other civil society organizations to operate freely,
has released political prisoners, and is not
prosecuting political cases in military courts;
(C) 25 percent of such funds may be made available
if the Secretary of State certifies to the appropriate
congressional committees that credible elections have
been conducted in Egypt and a democratically elected
government is in place; and
(D) 25 percent of such funds may be made available
if the Secretary of State certifies to the appropriate
congressional committees that the newly elected
Government of Egypt is taking steps to govern
democratically and protect human rights and the rule of
law (including the rights of women and religious
minorities).
(2) None of the funds appropriated by this Act that are
available for assistance for the Government of Egypt may be
made available if such government is not abiding by the 1979
Egypt-Israel Peace Treaty.
(3) The President shall submit to the appropriate
congressional committees, concurrent with the fiscal year 2015
budget request, a comprehensive and strategic review of
military and economic assistance for Egypt: Provided, That in
conducting such review, the President shall consult with
relevant Government of Egypt officials and representatives of
civil society, and the appropriate congressional committees:
Provided further, That such review shall include a detailed
description of the purposes of such assistance, and the
specific goals and objectives of furthering political,
military, and economic reforms in Egypt, including:
(A) supporting democratic institutions (including
an independent legislature and judiciary), an inclusive
political process, and regular conduct of free and fair
elections at all levels of government;
(B) promoting the rule of law (including equal
access to justice, protection of the rights of women
and religious minorities, and anti-corruption efforts);
(C) supporting economic reforms (including
transparent and accountable governance, private sector-
led growth and job creation, and trade expansion);
(D) fostering a vibrant civil society (including
free and independent media);
(E) supporting security sector reform (including
civilian police forces); and
(F) combating terrorism (including eliminating
smuggling networks between Egypt and Gaza in the
Sinai).
(4) Notwithstanding any provision of this Act, the
Secretary of State shall reduce the amount of assistance for
Egypt under the heading ``Economic Support Fund'' by an amount
the Secretary determines is equivalent to that expended by the
United States Government for bail, and by nongovernmental
organizations for legal and court fees, associated with
democracy-related trials in Egypt.
(5)(A) The Secretary of State may waive the requirements of
paragraph (1)(B) not earlier than 3 months after enactment of
this Act if the Secretary of State certifies to the appropriate
congressional committees that to do so is important to the
national security interests of the United States.
(B) The Secretary of State may waive the requirements of
paragraph (1)(C) not earlier than 6 months after enactment of
this Act if the Secretary certifies to such committees that to
do so is important to the national security interests of the
United States.
(b) Iran.--
(1) Funds appropriated under titles I and III of this Act
shall be made available for the promotion of democracy and
human rights in Iran, including for the activities described in
section 1243 of Public Law 112-239.
(2) Prior to the obligation of funds made available by this
subsection, the Secretary of State shall consult with the
appropriate congressional committees on the policy and strategy
of the United States to promote democracy and human rights in
Iran, including any contingency plans arising from a broadening
of conflict in the Near East region and a change in Iran's
domestic political situation.
(3) The terms and conditions of section 7041(c) in division
I of Public Law 112-74 shall continue in effect during fiscal
year 2014 as if part of this Act, except that the date in
paragraph (3) shall be deemed to be ``September 30, 2014''.
(c) Iraq.--
(1) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Iraq, not less
than $25,000,000 shall be made available for democracy
programs, which shall be the responsibility of the Assistant
Secretary of State for Democracy, Human Rights, and Labor, in
consultation with the Chief of Mission.
(2) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Nonproliferation, Anti-terrorism, Demining, and Related
Programs'' that are available for assistance for Iraq shall
only be made available if matched by sources other than the
United States Government.
(3) For the purposes of funds appropriated by this Act and
subsequent Acts for assistance for Iraq, section 620(t) of the
Foreign Assistance Act of 1961 shall not apply on account of
events that transpired prior to 2004.
(4)(A) Funds appropriated by title I of this Act that are
made available for Consulate Basrah shall not be made available
for obligation until the Secretary of State submits a report to
the appropriate congressional committees assessing cost
effective, operational alternatives for such facility,
including closure of the Consulate and coverage of Basrah from
Embassy Baghdad: Provided, That should the Secretary of State
determine that the closure of Consulate Basrah is a cost
effective alternative, funds made available by this Act under
the heading ``Diplomatic and Consular Programs'' for such
diplomatic facility may be transferred to, and merged with,
funds made available by this Act under the heading ``Embassy
Security, Construction, and Maintenance'' to increase security
at expeditionary diplomatic facilities abroad.
(B) Of the funds appropriated under title I of this Act
that are made available for the costs of operations at Embassy
Baghdad, 10 percent may not be obligated until the Secretary of
State reports to the appropriate congressional committees on
all active diplomatic facility construction projects in Iraq
since October 1, 2011, including the status of each project,
the amount obligated and expended for each project, the savings
from completed or terminated projects, and how such savings
were reprogrammed: Provided, That none of the funds
appropriated by title I of this Act may be made available for
construction, rehabilitation, or other improvements to
facilities in Iraq on property for which no land-use agreement
has been entered into by the Governments of the United States
and Iraq: Provided further, That the restrictions in this
subparagraph shall not apply if such funds are necessary to
protect United States Government facilities or the security,
health, and welfare of United States personnel.
(d) Lebanon.--
(1) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance for
Lebanon may be made available only to professionalize the
Lebanese Armed Forces (LAF) and to strengthen border security
and combat terrorism, including training and equipping the LAF
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 for assistance for the LAF until the
Secretary of State submits a detailed spend plan, including
actions to be taken to ensure that equipment provided to the
LAF is used only for the intended purposes, to the Committees
on Appropriations, except such plan may not be considered as
meeting the notification requirements under section 7015 of
this Act or under section 634A of the Foreign Assistance Act of
1961, and shall be submitted not later than September 1, 2014.
(2) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Lebanon may be
made available notwithstanding any other provision of law,
except for the provisions of this Act and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.
(e) Libya.--None of the funds appropriated by this Act may be made
available for assistance for Libya for infrastructure projects, except
on a loan basis with terms favorable to the United States, and only
following consultation with the Committees on Appropriations.
(f) Syria.--
(1) Funds appropriated under titles III and IV of this Act
may be made available for assistance for Syria, notwithstanding
any other provision of law.
(2) In addition to other activities, such programs should
seek to--
(A) establish governance in Syria that is
representative, inclusive, and accountable;
(B) develop and implement political processes that
are democratic, transparent, and adhere to the rule of
law;
(C) further the legitimacy of the Syrian opposition
through cross-border programs;
(D) develop civil society and an independent media
in Syria;
(E) promote economic development in Syria;
(F) document, investigate, and prosecute human
rights violations in Syria, including through
transitional justice programs and support for
nongovernmental organizations; and
(G) counter extremist ideologies.
(3) Funds appropriated under titles III and IV of this Act
for programs in Syria may only be made available after the
Secretary of State, in consultation with the heads of relevant
United States Government agencies, submits, in classified form
if necessary, a comprehensive strategy to the appropriate
congressional committees, which shall include a clear mission
statement, achievable objectives and timelines, and a
description of inter-agency and donor coordination and
implementation of such strategy: Provided, That such strategy
shall also include a description of oversight mechanism and
vetting procedures to prevent the misuse of funds.
(4) Funds made available pursuant to this subsection may
only be made available following consultation with the
appropriate congressional committees, and shall be subject to
the regular notification procedures of the Committees on
Appropriations.
africa
(including transfer of funds)
Sec. 7042. (a) Central Africa.--Of the funds appropriated by this
Act under the heading ``Economic Support Fund'', not less than
$10,000,000 shall be made available for programs and activities in
areas affected by the Lord's Resistance Army (LRA) consistent with the
goals of the Lord's Resistance Army Disarmament and Northern Uganda
Recovery Act (Public Law 111-172), including to improve physical
access, telecommunications infrastructure, and early-warning mechanisms
and to support the disarmament, demobilization, and reintegration of
former LRA combatants, especially child soldiers.
(b) Counterterrorism Programs.--
(1) Of the funds appropriated by this Act, not less than
$53,000,000 should be made available for the Trans-Sahara
Counterterrorism Partnership program, and not less than
$24,000,000 should be made available for the Partnership for
Regional East Africa Counterterrorism program.
(2) 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, in addition
to such sums that may otherwise be made available for such
purposes.
(c) Crisis Response.--Notwithstanding any other provision of law,
up to $10,000,000 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
``Economic Support Fund'' and ``Transition Initiatives'' 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) Ethiopia.--
(1) Funds appropriated by this Act that are available for
assistance for Ethiopian military and police forces 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--
(i) protect judicial independence; freedom
of expression, association, assembly, and
religion; the right of political opposition
parties, civil society organizations, and
journalists to operate without harassment or
interference; and due process of law; and
(ii) permit access to human rights and
humanitarian organizations to the Somali region
of Ethiopia; and
(B) submits a report to the Committees on
Appropriations on the types and amounts of United
States training and equipment proposed to be provided
to the Ethiopian military and police including steps to
ensure that such assistance is not provided to military
or police personnel or units that have violated human
rights, and steps taken by the Government of Ethiopia
to investigate and prosecute members of the Ethiopian
military and police who have been credibly alleged to
have violated such rights.
(2) The restriction in paragraph (1) shall not apply to
IMET assistance, assistance to Ethiopian military efforts in
support of international peacekeeping operations,
counterterrorism along the border with Somalia, and for
assistance to the Ethiopian Defense Command and Staff College.
(3) Funds appropriated by this Act under the headings
``Development Assistance'' and ``Economic Support Fund'' that
are available for assistance in the lower Omo and Gambella
regions of Ethiopia shall not be made available unless the
Administrator of the United States Agency for International
Development certifies to the Committees on Appropriations that
such funds will--
(A) not be used to support activities that involve
forced evictions or other violations of human rights;
(B) support initiatives of local communities to
improve their livelihoods; and
(C) be subject to prior consultation with affected
populations.
(4) The Secretary of the Treasury shall instruct the United
States executive director of each international financial
institution to oppose financing for any activities that involve
forced evictions or other violations of human rights in
Ethiopia.
(e) 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, Chad, Cote
d'Ivoire, Guinea, Somalia, Sri Lanka and Zimbabwe may be made
available only for training related to international
peacekeeping operations and expanded IMET: Provided, That the
limitation included in this paragraph shall not apply to
courses that support training in maritime security for Angola
and Cameroon.
(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
the Central African Republic.
(f) Pilot Programs.--
(1) Of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Complex Foreign Crises
Fund'', and ``Economic Support Fund'', not less than $7,000,000
shall be made available for a pilot program to address health
and development challenges in Africa and promote increased
economic opportunities with the United States.
(2) Of the funds appropriated by this Act under the heading
``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'', not less than $8,000,000 shall be made
available for a pilot program to address security challenges in
Africa.
(3) Funds made available under paragraphs (1) and (2) shall
be programmed in a manner that leverages a United States
Government-wide approach to addressing shared challenges and
mutually beneficial opportunities, and shall be the
responsibility of United States Chiefs of Mission in countries
in Africa seeking enhanced partnerships with the United States
in areas of trade, investment, development, health, and
security: Provided, That funds made available under this
subsection shall be matched to the maximum extent practicable
by sources other than the United States Government: Provided
further, That not later than 90 days after enactment of this
Act and prior to the initial obligation of funds, the Secretary
of State shall consult with the Committees on Appropriations on
the establishment of such programs, including specific
evaluation criteria: Provided further, That up to 5 percent of
the funds made available by paragraphs (1) and (2),
respectively, may be made available, in addition to funds
otherwise available for such purposes, for the administrative
costs of the Department of State and United States Agency for
International Development in implementing the pilot programs
established by this subsection.
(g) Somalia.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for Somalia shall be used to promote dialogue and
reconciliation between the central government and Somali
regions, and shall be provided in an impartial manner that is
based on need and institutional capacity and does not
exacerbate clan and ethnic violence.
(2) None of the funds appropriated by this Act may be made
available for lethal assistance for Somali security forces.
(h) South Africa.--Not later than 90 days after enactment of this
Act, and following consultation with the Government of South Africa,
the Secretary of State shall submit a transition strategy to the
Committees on Appropriations for the President's Emergency Plan for
AIDS Relief in South Africa, including projected trajectories for
levels and types of United States assistance.
(i) Sudan.--None of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan, except that the
provisions of section 7043(f)(3) of division I of Public Law 112-74
shall apply to funds appropriated by this Act.
(j) South Sudan.--
(1) Funds appropriated by this Act may be made available
for assistance for South Sudan, including to increase
agricultural productivity, prevent and respond to gender-based
violence, promote women's leadership, 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 processes, revenues, and expenditures.
(2) Of the funds appropriated by this Act that are
available for assistance for the central Government of South
Sudan, 15 percent may not be obligated until the Secretary of
State reports to the Committees on Appropriations that such
government is--
(A) implementing policies to support freedom of
expression and association, establish democratic
institutions including an independent judiciary,
parliament, and security forces that are accountable to
civilian authority;
(B) investigating and punishing members of security
forces who have violated human rights; and
(C) implementing the September 2012 security
arrangements with the Government of Sudan.
(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 provide 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 steps that will be taken by the
Government of South Sudan, which are additional to those taken
in the previous fiscal year, to improve resource management and
ensure transparency and accountability of funds.
(k) Trafficking in Conflict Minerals, Wildlife, and Other
Contraband.--
(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 unless the
Secretary of State certifies to the Committees on
Appropriations that the Governments of Rwanda and Uganda are
taking steps to cease political, military and/or financial
support to armed groups in the Democratic Republic of the Congo
(DRC), including M23, that have violated human rights or are
involved in the illegal exportation of minerals, wildlife, or
other contraband out of the DRC.
(2) The restriction in paragraph (1) shall not apply to
assistance to improve border controls to prevent the illegal
exportation of minerals, wildlife, and other contraband out of
the DRC by such groups, to protect humanitarian relief efforts,
or to support the training and deployment of members of the
Rwandan or Ugandan militaries in international peacekeeping
operations, or to conduct operations against the Lord's
Resistance Army.
(l) War Crimes, Crimes Against Humanity and Genocide in Africa.--
Funds appropriated by this Act may be made available for the
International Criminal Tribunal for Rwanda and the Residual Special
Court for Sierra Leone to bring to justice individuals responsible for
war crimes and crimes against humanity, and for the International
Criminal Court to bring to justice individuals responsible for genocide
in Sudan.
(m) Zimbabwe.--
(1) None of the funds appropriated by this Act shall be
made available for assistance for the central Government of
Zimbabwe, and the Secretary of the Treasury shall instruct the
United States executive director of each international
financial institution to vote against any loans or grants to
such government, except to meet basic human needs or to promote
democracy, unless the Secretary of State submits to the
Committees on Appropriations the report on Zimbabwe required
under such heading in the report accompanying this Act.
(2) Notwithstanding paragraph (1), funds may be made
available for macroeconomic growth assistance for the central
Government of Zimbabwe if the Secretary of State reports to the
Committees on Appropriations that such government is
implementing transparent fiscal policies, including public
disclosure of revenues from the extraction of natural
resources.
east asia and the pacific
Sec. 7043. (a) Asia Rebalancing.--
(1) Prior to the initial obligation of funds appropriated
by this Act that are designated for a rebalancing of United
States policy, programs, and operations in Asia as identified
in the fiscal year 2014 Congressional Budget Justification, the
Secretary of State shall certify to the Committees on
Appropriations that such funds support a comprehensive, multi-
year strategy that advances United States national interests in
that region, and that such strategy is coordinated with
relevant Federal agencies, including the United States Agency
for International Development and the Department of Defense:
Provided, That the Secretary of State shall submit such
strategy to the Committees on Appropriations, in classified
form if necessary, concurrently with such certification.
(2) Funds appropriated by title III of this Act that are
designated for implementation of the strategy described in
paragraph (1) shall support the advancement of democracy and
human rights in Asia, including for democratic political
parties, civil society, and groups and individuals seeking to
advance transparency, accountability, and the rule of law:
Provided, That such funds shall also be made available, on a
competitive basis, to nongovernmental networks and alliances
that seek to promote democracy, human rights, and the rule of
law throughout Asia.
(3) Funds appropriated by this Act that are designated for
the implementation of the strategy described in paragraph (1)
shall be matched, to the maximum extent practicable and as
appropriate, by sources other than the United States
Government: Provided, That the Secretary of State shall
periodically report to the Committees on Appropriations on such
cost-matching efforts.
(b) Burma.--
(1) Funds appropriated by this Act under the heading
``Economic Support Fund'' may be made available for assistance
for Burma notwithstanding any other provision of law, except
that no funds shall be made available to any successor or
affiliated organization of the State Peace and Development
Council (SPDC) controlled by former SPDC members that promote
the repressive policies of the SPDC.
(2) Funds appropriated under title III of this Act for
assistance for Burma--
(A) may not be made available for budget support
for the Government of Burma;
(B) shall be provided to strengthen civil society
organizations in Burma, including as core support for
such organizations;
(C) shall be made available for rehabilitation
programs for former political prisoners, including for
health, education, and vocational training activities;
(D) 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 from funds
appropriated by this Act under the heading ``Migration
and Refugee Assistance'';
(E) shall be made available for ethnic and
religious reconciliation programs; and
(F) shall be made available for programs to
strengthen the rule of law and judicial independence in
Burma.
(3) Notwithstanding any other provision of law, the
Assistant Secretary of State for Democracy, Human Rights and
Labor (the Assistant Secretary), in consultation with USAID and
the Chief of Mission, shall be responsible for the use of funds
made available for democracy and human rights programs in Burma
under title III of this Act and prior acts making
appropriations for the Department of State, foreign operations,
and related programs: Provided, That not later than 90 days
after enactment of this Act, the Assistant Secretary shall
submit to the appropriate congressional committees a strategy
for the promotion of democracy and human rights in Burma, which
shall include support for civil society, former prisoners,
monks, students, and democratic parliamentarians.
(4) Funds appropriated under title IV of this Act may be
made available for assistance for the armed forces of Burma
only if the Secretary of State reports to the appropriate
congressional committees that the Government of Burma is taking
concrete steps to establish civilian oversight of the armed
forces and the armed forces have terminated military relations
with the Democratic People's Republic of Korea: Provided, That
the limitations of this paragraph shall not apply to
consultation with, and basic training on human rights and
disaster response for, the armed forces of Burma: Provided
further, That not later than 180 days after enactment of this
Act, the Secretary of State, in consultation with the heads of
relevant United States Government agencies and representatives
from the democratic opposition and ethnic groups in Burma,
shall submit a strategy to further security sector reform in
Burma.
(5) Any new program or activity in Burma initiated in
fiscal year 2014 shall be subject to prior consultation with
the appropriate congressional committees.
(c) Cambodia.--
(1) Of the funds appropriated under title III of this Act
for assistance for Cambodia, 20 percent may not be obligated
until the Secretary of State submits to the Committees on
Appropriations the report on Cambodia required under such
heading in the report accompanying this Act.
(2) None of the funds appropriated by titles III and IV of
this Act may be made available for assistance for the central
Government of Cambodia unless the Secretary of State certifies
to the Committees on Appropriations that such Government has
taken steps to support credible parliamentary elections in
accordance with international standards, to include the
participation of Cambodia's political opposition: Provided,
That the requirements of this paragraph shall not apply to
humanitarian demining programs or programs to enhance the
maritime security capabilities of the Cambodian navy, except
that any such programs shall be subject to the regular
notification procedures of the Committees on Appropriations.
(3) None of the funds appropriated by this act for a United
States contribution to a Khmer Rouge tribunal may be made
available unless the Secretary of State certifies to the
Committees on Appropriations that the Government of Cambodia
has provided, or otherwise secured, funding for the national
side of such tribunal.
(4) The Secretary of the Treasury shall instruct the United
States executive director of the World Bank to vote against any
loan, agreement, or other financial support for Cambodia unless
the Boeung Kak Lake families who were harmed by the Land
Management and Administration Project, as determined by the
World Bank Inspection Panel, have received appropriate redress
from the World Bank and the Government of Cambodia.
(d) North Korea.--
(1) Of the funds made available under the heading
``International Broadcasting Operations'' in title I of this
Act, not less than $8,938,000 shall made available for
broadcasts into North Korea.
(2) Funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' shall be made available
for assistance for refugees from North Korea, including for
protection activities in the People's Republic of China.
(3) None of the funds made available by this Act under the
heading ``Economic Support Fund'' may be made available for
assistance for the government of North Korea.
(e) People's Republic of China.--
(1) None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic
of China unless, at least 15 days in advance, the Committees on
Appropriations are notified of such proposed action.
(2) The terms and requirements of section 620(h) of the
Foreign Assistance Act of 1961 shall apply to foreign
assistance projects or activities of the People's Liberation
Army (PLA) of the People's Republic of China, to include such
projects or activities by any entity that is owned or
controlled by, or an affiliate of, the PLA: Provided, That
none of the funds appropriated or otherwise made available
pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) Funds appropriated by this Act for public diplomacy
under title I and for assistance under titles III and IV shall
be made available to counter the strategic influence of the
People's Republic of China: Provided, That the Secretary of
State shall consult with other relevant United States
Government agencies in the development of a coordinated
diplomacy and assistance strategy that counters such influence:
Provided further, That the Secretary of State shall consult
with the Committees on Appropriations on such strategy prior to
the initial obligation of funds for such purposes, and such
strategy may be submitted to the Committees in classified form
if necessary.
(f) Philippines.--Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' that are available for
assistance for the Philippines may be made available for assistance for
the Philippine army only in accordance with the procedures and
requirements specified under such heading in the report accompanying
this Act: Provided, That all funds appropriated under such heading for
assistance for the Philippines shall be subject to the regular
notification procedures of the Committees on Appropriations.
(g) 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 financing in Tibet if such projects do not
provide incentives for the migration and settlement of non-
Tibetans into Tibet or facilitate the transfer of ownership of
Tibetan land and natural resources to non-Tibetans, are based
on a thorough needs-assessment, foster self-sufficiency of the
Tibetan people and respect Tibetan culture and traditions, and
are subject to effective monitoring.
(2) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ``Economic Support
Fund'' shall be made available to nongovernmental organizations
to support activities which preserve cultural traditions and
promote sustainable development and environmental conservation
in Tibetan communities in the Tibetan Autonomous Region and in
other Tibetan communities in China.
(h) Vietnam.--Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than $22,000,000 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 $7,000,000
of the funds appropriated under the heading ``Development Assistance''
shall be made available for health/disability activities in areas
sprayed or otherwise contaminated with dioxin.
western hemisphere
Sec. 7044. (a) Colombia.--
(1) Funds appropriated by this Act and made available to
the Department of State for assistance for the Government of
Colombia may be used to support a unified campaign against
narcotics trafficking, organizations designated as Foreign
Terrorist Organizations, and other criminal or illegal armed
groups, and to take actions to protect human health and welfare
in emergency circumstances, including undertaking rescue
operations: Provided, That the first through fifth provisos of
paragraph (1), and paragraph (3) of section 7045(a) of division
I of Public Law 112-74 shall continue in effect during fiscal
year 2014 and shall apply to funds appropriated by this Act and
made available for assistance for Colombia as if included in
this Act: Provided further, That funds appropriated by this
Act for the Colombian national police for aerial drug
eradication programs may be used for the aerial spraying of
chemical herbicides only if the Secretary of State certifies to
the Committees on Appropriations that the herbicides do not
pose unreasonable risks or adverse effects to humans, including
pregnant women and children, or the environment, including
endemic species: Provided further, That any complaints of harm
to health or licit crops caused by such aerial spraying shall
be thoroughly investigated and evaluated, and fair compensation
paid in a timely manner for meritorious claims.
(2) Limitation.--Of the funds appropriated by this Act
under the heading ``Foreign Military Financing Program'', 25
percent may be obligated only in accordance with the procedures
and conditions specified under this section in the report
accompanying this Act.
(b) Cuba.--Funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for Cuba
may be made available only for humanitarian assistance and to support
the development of private businesses: Provided, That the prohibition
on obligations or expenditures in section 7007 of this Act shall apply
to the Government of Cuba.
(c) Guatemala.--
(1) Funds appropriated by this Act under the headings
``International Military Education and Training'' and ``Foreign
Military Financing Program'' may be made available for
assistance for the Guatemalan army only--
(A) if the Secretary of State certifies that the
Government of Guatemala is taking credible steps to
implement the Reparations Plan for Damages Suffered by
the Communities Affected by the Construction of the
Chixoy Hydroelectric Dam (April 2010); and
(B) in accordance with the procedures and
requirements specified under this section in the report
accompanying this Act.
(2) None of the funds appropriated by this Act may be made
available for assistance for the Guatemalan armed forces until
the Secretary of State certifies to the Committees on
Appropriations that the Government of Guatemala (GoG) has
resolved all cases involving Guatemalan children and American
adoptive parents pending since December 31, 2007, or that the
GoG is making significant progress toward meeting a specific
timetable for resolving such cases.
(d) Haiti.--
(1) None of the funds appropriated by this Act may be made
available for assistance for the central Government of Haiti
until the Secretary of State certifies to the Committees on
Appropriations that--
(A) Haiti has held free and fair parliamentary
elections and a new Haitian Parliament has been seated
and is functioning;
(B) the Government of Haiti is respecting the
independence of the judiciary; and
(C) the Government of Haiti is taking effective
steps to combat corruption and improve governance,
including by prosecuting corrupt officials and
implementing financial transparency and accountability
requirements for government institutions.
(2) 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.
(e) Honduras.--
(1) Funds appropriated by this Act under the headings
``International Narcotics Control and Law Enforcement'' and
``Foreign Military Financing Program'' may be made available
for assistance for the Honduran army and police only in
accordance with the procedures and requirements specified under
this section in the report accompanying this Act.
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, and the
rule of law within the military and police.
(f) Mexico.--
(1) Of the funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' that
are available for assistance for the Mexican army and police,
15 percent may be obligated only in accordance with the
procedures and requirements specified under this section in the
report accompanying this Act.
(2) The restriction in paragraph (1) shall not apply to
assistance to promote transparency, anti-corruption, and the
rule of law within the military and police forces.
(g) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel,
of aircraft funded by this Act should be paid for by the recipient
country.
south and central asia
Sec. 7045. (a) Afghanistan.--
(1) Operations and report.--
(A) Funds appropriated under titles I and II of
this Act that are available for the construction and
renovation of United States Government facilities in
Afghanistan may not be made available if the purpose is
to accommodate Federal employee positions or to expand
aviation facilities or assets above those notified by
the Department of State and the United States Agency
for International Development (USAID) to the Committees
on Appropriations, or contractors in addition to those
in place on the date of enactment of this Act:
Provided, That the limitations in this paragraph shall
not apply if funds are necessary to protect such
facilities or the security, health, and welfare of
United States personnel.
(B) Not later than 90 days after enactment of this
Act and 180 days thereafter, the Secretary of State
shall submit a report to the Committees on
Appropriations detailing the personnel requirements at
diplomatic facilities throughout Afghanistan, by number
and agency.
(2) Assistance.--Funds appropriated under titles III and IV
of this Act for assistance for Afghanistan--
(A) may not be used to initiate any new program,
project, or activity for which regular oversight by a
United States direct hire or designated Foreign Service
National of the Department of State or USAID, as
appropriate, is not possible, to include site visits;
(B) shall only be made available for programs that
the Government of Afghanistan (GoA) or other Afghan
entity is capable of sustaining, as appropriate and as
determined by the Chief of Mission;
(C) may be made available for independent election
bodies;
(D) may be made available for reconciliation
programs and disarmament, demobilization and
reintegration activities for former combatants who have
renounced violence against the GoA, in accordance with
section 7046(a)(2)(B)(ii) of Public Law 112-74;
(E) should not be used to initiate new major
infrastructure projects;
(F) shall be used to implement the United States
Embassy Kabul Gender Strategy; and
(G) may not be made available to any individual or
organization that the Secretary of State credibly
believes is involved in corrupt practices, including
with respect to Kabul Bank.
(3) Certification requirement.--Of the funds appropriated
under titles III and IV of this Act for assistance for the GoA,
25 percent may not be obligated unless the Secretary of State
certifies to the Committees on Appropriations that--
(A) credible elections in Afghanistan have taken
place, and a peaceful transfer of power has occurred;
(B) the Government of the United States and the GoA
have agreed to a Bilateral Security Agreement that
further defines the security partnership with
Afghanistan, including support for counterterrorism
operations;
(C) the GoA is taking credible steps to protect the
rights of Afghan women and girls;
(D) consistent progress has been made by the GoA in
achieving Tokyo Mutual Accountability Framework Hard
Deliverables; and
(E) the GoA is making credible efforts to reduce
corruption and recover the stolen assets associated
with Kabul Bank.
(4) On-budget support calculation.--Notwithstanding any
other provision of law or regulation, security-related
assistance provided by the United States to the GoA shall be
included in the calculation of on-budget assistance provided to
the GoA.
(5) Transfer of funds.--Notwithstanding any other provision
of law, funds appropriated by this Act under the heading
``Economic Support Fund'' that are available for assistance for
Afghanistan may be transferred to, and merged with, funds
appropriated under the headings ``International Disaster
Assistance'' and ``Migration and Refugee Assistance'', subject
to the regular notification procedures of the Committees on
Appropriations.
(6) Rule of law programs.--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 in Kabul, Afghanistan: Provided
further, That such Coordinator shall be consulted on the uses
of all funds appropriated under titles III and IV of this Act
for rule of law programs in Afghanistan.
(7) Transition planning.--None of the funds appropriated by
this Act may be made available for assistance for Afghanistan
unless the Secretary of State provides to the appropriate
congressional committees a coordinated United States Government
interagency transition strategy for Afghanistan following the
2014 drawdown of United States Armed Forces.
(8) Funding reduction.--Funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available for
assistance for the GoA shall be reduced by $5 for every $1 that
the GoA imposes in taxes, duties, penalties, or other fees on
the transport of property of the United States Government
(including the United States Armed Forces), entering or leaving
Afghanistan.
(9) Notwithstanding authority.--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.
(b) Bangladesh.--Of the funds appropriated by this Act under the
heading ``Development Assistance'' that are available for assistance
for Bangladesh, not less than $5,000,000 shall be made available for
programs to improve labor conditions by strengthening the capacity of
independent workers' organizations in Bangladesh's readymade garment,
shrimp, and fish export sectors.
(c) Nepal.--
(1) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' may be made available
for assistance for Nepal only if the Secretary of State
certifies to the Committees on Appropriations that the
Government of Nepal is investigating and prosecuting violations
of human rights and the laws of war, and the Nepal army is
cooperating fully with civilian judicial authorities, including
providing investigators access to witnesses, documents, and
other information.
(2) The conditions in paragraph (1) shall not apply to
assistance for humanitarian relief and reconstruction
activities in Nepal, or for training to participate in
international peacekeeping missions.
(d) Pakistan.--
(1) Certification.--
(A) None of the funds appropriated or otherwise
made available by this Act under the headings
``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', and ``Foreign Military
Financing Program'' for assistance for the Government
of Pakistan may be made available unless the Secretary
of State certifies to the Committees on Appropriations
that the Government of Pakistan is--
(i) cooperating with the United States in
counterterrorism efforts against the Haqqani
Network, the Quetta Shura Taliban, Lashkar e-
Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other
domestic and foreign terrorist organizations,
including taking steps to end support for such
groups and prevent them from basing and
operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(ii) not supporting terrorist activities
against United States or coalition forces in
Afghanistan, and Pakistan's military and
intelligence agencies are not intervening
extra-judicially into political and judicial
processes in Pakistan;
(iii) dismantling improvised explosive
device (IED) networks and interdicting
precursor chemicals used in the manufacture of
IEDs;
(iv) preventing the proliferation of
nuclear-related material and expertise;
(v) issuing visas in a timely manner for
United States visitors engaged in
counterterrorism efforts, assistance programs,
and Department of State operations in Pakistan;
and
(vi) providing humanitarian organizations
access to detainees, internally displaced
persons, and other Pakistani civilians affected
by the conflict.
(B) The Secretary of State may waive the
requirements of subparagraph (A) if it is important to
the national security interests of the United States.
(2) Assistance.--
(A) Funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' for
assistance for Pakistan may be made available only to
support counterterrorism and counterinsurgency
capabilities in Pakistan.
(B) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining, and
Related Programs'' that are available for assistance
for Pakistan shall be made available to interdict
precursor materials from Pakistan to Afghanistan that
are used to manufacture improvised explosive devices,
including calcium ammonium nitrate; to support programs
to train border and customs officials in Pakistan and
Afghanistan; and for agricultural extension programs
that encourage alternative fertilizer use among
Pakistani farmers.
(C) Funds appropriated by this Act under the
heading ``Economic Support Fund'' 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)).
(D) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made
available notwithstanding any other provision of law,
except for this subsection and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.
(E) Of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' and made
available for assistance for Pakistan, $33,000,000
shall be withheld from obligation until the Secretary
of State reports to the Committees on Appropriations
that Dr. Shakil Afridi has been released from prison
and cleared of all charges relating to the assistance
provided to the United States in locating Osama bin
Laden.
(3) Reports.--
(A)(i) The spend plan required by section 7076 of
this Act for assistance for Pakistan shall include
achievable and sustainable goals, benchmarks for
measuring progress, and expected results regarding
combating poverty and furthering development in
Pakistan, countering extremism, and establishing
conditions conducive to the rule of law and transparent
and accountable governance: Provided, That such
benchmarks may incorporate those required in title III
of Public Law 111-73, as appropriate: Provided
further, That not later than 6 months after submission
of such spend plan, and each 6 months thereafter until
September 30, 2015, the Secretary of State shall submit
a report to the Committees on Appropriations on the
status of achieving the goals and benchmarks in such
plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report
required by paragraph (A)(i) indicates that Pakistan is
failing to make measurable progress in meeting such
goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to
the Committees on Appropriations detailing the costs
and objectives associated with significant
infrastructure projects supported by the United States
in Pakistan, and an assessment of the extent to which
such projects achieve such objectives.
(e) Sri Lanka.--
(1) None of the funds appropriated by this Act under the
heading ``Foreign Military Financing Program'' or under the
Arms Export Control Act 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 meeting the conditions that appear under such heading
in the report accompanying this Act.
(2) Paragraph (1) shall not apply to assistance for
humanitarian demining, disaster relief, and aerial and maritime
surveillance.
(3) If the Secretary makes the certification required in
paragraph (1), 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 of Tamils into the Sri Lankan military in an
inclusive and transparent manner, 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 conditions that appear under such heading in the
report accompanying this Act.
(f) Regional Cross Border Programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any other
provision of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between Afghanistan
and Pakistan, or between either country and the Central Asian
countries.
prohibition of payments to united nations members
Sec. 7046. 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
Sec. 7047. (a) 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.
(b) Notwithstanding any other provision of law, funds appropriated
by this Act may be made available for training and technical assistance
for, and professional and in-kind support of, the International
Criminal Court in its investigations, apprehensions, and prosecutions
of Joseph Kony, Omar al-Bashir, Bashar al-Assad, and other such high
profile non-allied foreign nationals who are accused of genocide,
crimes against humanity, or war crimes: Provided, That the Secretary
of State shall consult with the appropriate congressional committees on
the specific types of assistance and support to be provided.
united nations
Sec. 7048. (a) Transparency and Accountability.--Of the funds
appropriated under title I and under the heading ``International
Organizations and Programs'' in title V of this Act that are available
for contributions to the United Nations, any United Nations agency, or
the Organization of American States, 15 percent may not be obligated
for such organization or agency until the Secretary of State reports to
the Committees on Appropriations that the organization or agency is--
(1) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial and
programmatic audits of such organization or agency, and
providing the United States Government with necessary access to
such financial and performance audits; and
(2) implementing best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to independent adjudicative bodies,
including external arbitration; and
(E) results that eliminate the effects of proven
retaliation.
(b) Organizations.--
(1) None of the funds made available under title I of this
Act may be used by the Secretary of State as a contribution to
any organization, agency, or program within the United Nations
system if such organization, agency, commission, or program is
chaired or presided over by a country the government of which
the Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961, section 40 of the
Arms Export Control Act, section 6(j)(1) of the Export
Administration Act of 1979, or any other provision of law, is a
government that has repeatedly provided support for acts of
international terrorism.
(2) The Secretary of State may waive the restriction in
this subsection if the Secretary reports to the Committees on
Appropriations that to do so is in the national interest of the
United States.
(c) United Nations Human Rights Council.--Funds appropriated by
this Act may be made available for voluntary contributions or payments
of United States assessments in support of the United Nations Human
Rights Council only if the Secretary of State reports to the Committees
on Appropriations that participation in the Council is in the national
interest of the United States.
(d) Report.--Not later than 45 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2014 under the headings ``Contributions
to International Organizations'' and ``International Organizations and
Programs'' that are withheld from obligation or expenditure due to any
provision of law: Provided, That the Secretary shall update such
report each time additional funds are withheld by operation of any
provision of law: Provided further, That the reprogramming of any
withheld funds identified in such report, including updates thereof,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and
IV of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations
with the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall
be subject to the regular notification procedures of the Committees on
Appropriations.
enterprise funds
Sec. 7050. (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 no such funds may
be available except through the regular notification procedures of the
Committees on Appropriations.
conferences
Sec. 7051. (a) 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 Government of the United
States who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State reports to the Committees on Appropriations at
least 5 days in advance that the additional employees will not perform
a redundant function and 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 Government of the United States and of foreign
governments, international organizations, or nongovernmental
organizations.
(b) The head of any Executive branch department, agency, board,
commission, or office funded by this Act shall submit annual reports to
the Inspector General or senior ethics official for any entity without
an Inspector General, regarding the costs and contracting procedures
related to each conference held by any such department, agency, board,
commission, or office during fiscal year 2014 for which the cost to the
United States Government was more than $100,000.
(c) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of United States Government participants
attending;
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to
and from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted
by the departmental component or office in evaluating
potential contractors for the conference.
(d) Within 15 days of the date of a conference held by any
Executive branch department, agency, board, commission, or office
funded by this Act during fiscal year 2014 for which the cost to the
United States Government was more than $20,000, the head of any such
department, agency, board, commission, or office shall notify the
Inspector General or senior ethics official for any entity without an
Inspector General, of the date, location, and number of employees
attending such conference.
(e) A grant or contract funded by amounts appropriated by this Act
may not be used for the purpose of defraying the costs of a conference
described in subsection (a) that is not directly and programmatically
related to the purpose for which the grant or contract was awarded,
such as a conference held in connection with planning, training,
assessment, review, or other routine purposes related to a project
funded by the grant or contract.
(f) None of the funds made available in this Act may be used for
travel and conference activities that are not in compliance with Office
of Management and Budget Memorandum M-12-12 dated May 11, 2012.
aircraft transfer and coordination
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'' and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy
Secretary of State and this responsibility shall not be delegated.
(b) Property Disposal.--The authority provided in subsection (a)
shall apply only after the Secretary of State determines and reports to
the Committees on Appropriations that the equipment is no longer
required to meet programmatic purposes in the designated country or
region: Provided, That any such transfer shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development (USAID) with funds made available in
this Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs shall be
coordinated under the authority of the appropriate Chief of
Mission: Provided, That such aircraft may be used to
transport, on a reimbursable or non-reimbursable basis, Federal
and non-Federal personnel supporting Department of State and
USAID programs and activities: Provided further, That official
travel for other agencies for other purposes may be supported
on a reimbursable basis, or without reimbursement when
traveling on a space available basis: Provided further, That
in fiscal year 2014 and thereafter, funds received by the
Department of State for the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the
Department's Working Capital Fund and shall be available for
expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection
shall only apply to aircraft, the primary purpose of which is
the transportation of personnel.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The terms and conditions of section 7055 of division F
of Public Law 111-117 shall apply to this Act: Provided, That the date
``September 30, 2009'' in subsection (f)(2)(B) shall be deemed to be
``September 30, 2013''.
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after
arming, do not result in more than 1 percent unexploded
ordnance across the range of intended operational environments,
and 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; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by
the Congress: Provided, That not to exceed $25,000 may be made
available to carry out the provisions of section 316 of Public Law 96-
533.
limitation on residence expenses
Sec. 7056. Of the funds appropriated or made available pursuant to
title II of this Act, not to exceed $100,500 shall be for official
residence expenses of the United States Agency for International
Development during the current fiscal year.
united states agency for international development management
(including transfer of funds)
Sec. 7057. (a) Authority.--Up to $93,000,000 of the funds made
available in title III of this Act to carry out the provisions of part
I of the Foreign Assistance Act of 1961 may be used by the United
States Agency for International Development (USAID) to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in
subsection (a) shall expire on September 30, 2015.
(c) Conditions.--The authority of subsection (a) should only be
used to the extent that an equivalent number of positions that are
filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated to
carry out part I of the Foreign Assistance Act of 1961, are eliminated.
(d) Program Account Charged.--The account charged for the cost of
an individual hired and employed under the authority of this section
shall be the account to which such individual's responsibilities
primarily relate: Provided, That funds made available to carry out
this section may be transferred to, and merged with, funds appropriated
by this Act in title II under the heading ``Operating Expenses''.
(e) Foreign Service Limited Extensions.--Individuals hired and
employed by USAID, with funds made available in this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, pursuant to the authority of section 309 of the
Foreign Service Act of 1980, may be extended for a period of up to 4
years notwithstanding the limitation set forth in such section.
(f) Disaster Surge Capacity.--Funds appropriated under title III of
this Act to carry out part I of the Foreign Assistance Act of 1961 may
be used, in addition to funds otherwise available for such purposes,
for the cost (including the support costs) of individuals detailed to
or employed by USAID whose primary responsibility is to carry out
programs in response to natural disasters, or man-made disasters
subject to the regular notification procedures of the Committees on
Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480), may be used by USAID to employ up to 40
personal services contractors in the United States, notwithstanding any
other provision of law, for the purpose of providing direct, interim
support for new or expanded overseas programs and activities managed by
the agency until permanent direct hire personnel are hired and trained:
Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds
appropriated to carry out title II of the Food for Peace Act (Public
Law 83-480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of division F of
Public Law 111-117 may be assigned to or support programs in
Afghanistan or Pakistan with funds made available in this Act and prior
Acts making appropriations for the Department of State, foreign
operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available 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 $669,500,000
should be made available for family planning/reproductive health,
including in areas where population growth exacerbates the impact of
climate change on humans, including declines in agricultural
productivity and the availability of water, or threatens biodiversity
or endangered species.
(b) Pandemic Response.--If the President determines and reports to
the Committees on Appropriations that a pandemic virus is efficient and
sustained, severe, and is spreading internationally, any funds made
available under titles III and IV in this Act and prior Acts making
appropriations for the Department of State, foreign operations, and
related programs may be made available to combat such virus: Provided,
That funds made available pursuant to the authority of this subsection
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(c) Challenge Grants.--Funds appropriated by this Act under the
heading ``Global Health Programs'' that are administered by the Office
of the United States Global AIDS Coordinator and made available for
programs to combat HIV/AIDS, shall be made available for countries
receiving assistance from the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund) for challenge grants: Provided, That the
purpose of such grants shall be to leverage increases in contributions
for activities supported by the Global Fund from entities such as other
multilateral organizations (including the World Bank, other donor
governments, the private sector, and host country governments) to fund
a greater percentage of such host country governments' national health
budgets: Provided further, That not later than 180 days after
initiation of such grants program, the Secretary of State shall submit
a report to the Committees on Appropriations assessing the ability of
such grants to leverage such increases in contributions from sources
other than the United States Government and recommendations for
improving this effort.
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing
women's opportunities for leadership positions in the public and
private sectors at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping
operations, shall address, where appropriate, prevention and
response to gender-based violence and trafficking in persons,
and shall promote the integration of women into the police and
other security forces.
(2) Department of State and USAID gender programs shall
incorporate coordinated efforts to combat a variety of forms of
gender-based violence, including child marriage, rape, female
genital cutting and mutilation, and domestic violence, among
other forms of gender-based violence in conflict and non-
conflict settings.
(d) Women, Peace, and Security.--Not less than $25,000,000 of the
funds appropriated by this Act under the headings ``Development
Assistance'', ``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program'' should be made available to support a
multi-year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners in
conflict prevention, peace building, transitional processes, and
reconstruction efforts in countries affected by conflict or in
political transition, and to ensure the equitable provision of relief
and recovery assistance to women and girls: Provided, That the uses of
such funds shall be the responsibility of the Coordinator for Global
Women's Issues in consultation, as appropriate, with the USAID Senior
Coordinator for Gender Equality and Women's Empowerment.
sector allocations
Sec. 7060. (a) Basic and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated by title III of this
Act, not less than $501,500,000 should be made
available for assistance for basic education.
(B) Funds appropriated by title III of this Act for
basic education may be made available for a
contribution to the Global Partnership for Education.
(2) Higher education and scholarships.--
(A) Of the funds appropriated by title III of this
Act, not less than $225,000,000 shall be made available
for assistance for higher education, of which not less
than $25,000,000 shall be to support such programs in
Africa, including for partnerships between higher
education institutions in Africa and the United States.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are available
for assistance for Egypt, not less than $35,000,000
should be made available for higher education programs
including not less than $10,000,000 for scholarships at
not-for-profit institutions for Egyptian students with
high financial need.
(b) Development Grants Program.--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 for activities within all sectors, to support
grants of not more than $2,000,000 to small nongovernmental
organizations, universities, and other small entities: Provided, That
funds made available under this subsection shall remain available until
September 30, 2016, and are in addition to other funds available for
such purposes.
(c) Environment Programs.--
(1) In general.--Of the funds appropriated by this Act, not
less than $1,153,500,000 should be made available for
environment programs.
(2) Clean energy.--The limitation in section 7081(b) of
division F of Public Law 111-117 shall continue in effect
during fiscal year 2014 as if part of this Act: Provided, That
the proviso contained in such section shall not apply.
(3) Adaptation and mitigation.--Funds appropriated by this
Act may be made available for United States contributions to
the Least Developed Countries Fund, the Special Climate Change
Fund, the Forest Carbon Partnership Facility, the Green Climate
Fund, and other multilateral environmental funds to support
adaptation and mitigation programs and activities.
(4) Sustainable landscapes and biodiversity.--Of the funds
appropriated under title III of this Act, not less than
$123,500,000 shall be made available for sustainable landscapes
programs and, in addition, not less than $225,000,000 shall be
made available to protect biodiversity, and shall not be used
to support or promote industrial scale logging or any other
industrial scale extractive activity in areas of primary
tropical forest: Provided, That such restriction shall not
apply to: (1) such logging or other activity on degraded land;
(2) technical assistance to improve forest management and
conservation in existing concessions where such logging was
already occurring prior to the date of enactment of this Act;
(3) activities to strengthen the rule of law in the forest
sector; or (4) support for low impact community management of
forests: Provided further, That of the funds made available
for the Central African Regional Program for the Environment
and other tropical forest programs in the Congo Basin, not less
than $17,500,000 shall be apportioned directly to the United
States Fish and Wildlife Service: Provided further, That funds
made available for the Department of the Interior (DOI) for
programs in the Mayan Biosphere Reserve shall be apportioned
directly to the DOI: Provided further, That such funds shall
also support programs to protect great apes and other
endangered species.
(5) Wildlife poaching and trafficking.--Not less than
$45,000,000 of the funds appropriated under title III of this
Act should be made available to support a comprehensive
strategy to combat the transnational threat of poaching and
trafficking in wildlife and wildlife parts in Africa and Asia,
including through wildlife protection enforcement networks, law
enforcement training, and policy reforms.
(6) Waste recycling.--Of the funds appropriated under title
III of this Act, not less than $5,000,000 shall be made
available for small grants to support initiatives to recycle
waste.
(7) Toxic pollution.--Of the funds appropriated under title
III of this Act, not less than $5,000,000 shall be made
available for small grants to support initiatives to identify
areas severely affected by toxic pollution and to eliminate the
threats to health and the environment caused by such pollution.
(8) 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 subsection and subject to the regular
notification procedures of the Committees on Appropriations, to
support environment programs.
(9) Extraction of natural resources.--
(A) 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,
implementing and enforcing section 8204 of Public Law
110-246 and to prevent the sale of conflict diamonds,
and provide technical assistance to promote independent
audit mechanisms and support civil society
participation in natural resource management.
(B)(i) 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, regulations, or procedures
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 adopted laws,
regulations, or procedures 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; and
(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.
(ii) The requirements of clause (i) shall not apply
to assistance for the purpose of building the capacity
of such government to meet the requirements of this
subparagraph.
(C) 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 any
financing to support or promote industrial scale
logging or any other industrial scale extractive
activity in areas of primary tropical forest:
Provided, That such restriction shall not apply to: (1)
such logging or other activity on degraded land; (2)
technical assistance to improve forest management and
conservation in existing concessions where such logging
was already occurring prior to the date of enactment of
this Act; (3) activities to strengthen the rule of law
in the forest sector; or (4) support for low impact
community management of forests.
(D) Not later than 90 days after enactment of this
Act, the Secretary of the Treasury shall post on the
Department of the Treasury's Web site a report
describing for each international financial institution
the amount and type of financing provided, by country,
for the extraction and export of oil, gas, coal,
timber, or other natural resources, and for the
construction of large hydroelectric dams, in the
preceding 12 months, and whether each institution
considered, in its proposal for such financing, the
extent to which the country has functioning systems
described in section 7060(c)(9)(B)(i).
(E) The Secretary of the Treasury shall instruct
the United States executive director of each
international financial institution that it is the
policy of the United States to oppose any loan, grant,
strategy or policy of such institution to support the
construction of any coal-fired power plant or large
hydroelectric dam (as defined in ``Dams and
Development: A New Framework for Decision-Making,''
World Commission on Dams (November 2000)).
(10) Transfer of funds.--The Secretary of State, after
consultation with the Secretary of the Treasury, shall transfer
funds made available under the heading ``Economic Support
Fund'' to funds appropriated by this Act under the headings
``Multilateral Assistance, Funds Appropriated to the President,
International Financial Institutions'' for additional payments
to funds and facilities enumerated under such heading and in a
manner consistent with the requirements under such headings in
the report accompanying this Act: Provided, That prior to
exercising such transfer authority the Secretary of State shall
consult with the Committees on Appropriations.
(11) Continuation of prior law.--Section 7081(g)(2) and (4)
of division F of Public Law 111-117 shall continue in effect
during fiscal year 2014 as if part of this Act.
(d) Food Security and Agriculture Development.--Of the funds
appropriated by title III of this Act, not less than $1,100,000,000
should be made available for food security and agriculture development
programs, of which $32,000,000 shall be made available for the Feed the
Future Collaborative Research Innovation Lab: Provided, That such
funds may be made available notwithstanding any other provision of law
to address food shortages, and, if authorized, for a United States
contribution to the endowment of the Global Crop Diversity Trust.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $250,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Reconciliation Programs.--Of the funds appropriated by 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: Provided further, That to the
maximum extent practicable, such funds shall be matched by sources
other than the United States Government.
(g) Trafficking in Persons.--Of the funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'',
not less than $43,679,000 shall be made available for activities to
combat trafficking in persons internationally.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $405,000,000 shall be made available for water and
sanitation supply projects pursuant to the Senator Paul Simon Water for
the Poor Act of 2005 (Public Law 109-121).
(i) Notification Requirements.--Authorized deviations from funding
levels contained in this section shall be subject to the regular
notification procedures of the Committees on Appropriations.
uzbekistan
Sec. 7061. The terms and conditions of section 7076 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111-8) shall apply
to funds appropriated by this Act, except that the Secretary of State
may waive the application of section 7076(a) for a period of not more
than 6 months and every 6 months thereafter until September 30, 2015,
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 12 months after enactment of this Act and 6 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 during the previous 12
months, including any credible information that such assistance or
expenditures are being diverted for corrupt purposes: Provided
further, That information provided in the assessment and report
required by the previous provisos shall be unclassified but may be
accompanied by a classified annex and such annex shall indicate the
basis for such classification: Provided further, That for purposes of
the application of section 7076(e) to this Act, the term ``assistance''
shall not include expanded international military education and
training.
requests for documents
Sec. 7062. 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.
overseas private investment corporation
(including transfer of funds)
Sec. 7063. (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, the authority of subsections (a) through (c) of section 234 of
such Act shall remain in effect until September 30, 2014.
international prison conditions
Sec. 7064. Not less than $15,000,000 of the funds appropriated
under the headings ``Development Assistance'', ``Economic Support
Fund'', and ``International Narcotics Control and Law Enforcement'' in
this Act 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:
Provided, That decisions regarding the uses of such funds shall be the
responsibility of the Assistant Secretary of State for Democracy, Human
Rights, and Labor (DRL), in consultation with the Assistant Secretary
of State for International Narcotics Control and Law Enforcement
Affairs, and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, United States Agency for International
Development, as appropriate: Provided, That the Assistant Secretary of
State for DRL shall consult with the Committees on Appropriations prior
to the obligation of funds.
prohibition on use of torture
Sec. 7065. (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) Funds appropriated under title IV of this Act shall be made
available, notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on Appropriations,
for assistance to eliminate torture by foreign police, military or
other security forces in countries receiving assistance from funds
appropriated by this Act.
extradition
Sec. 7066. (a) None of the funds appropriated in this Act may be
used to provide assistance (other than funds provided under the
headings ``International Disaster Assistance'', ``Complex Foreign
Crises Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``Emergency Migration and Refugee
Assistance'', and ``Nonproliferation, Anti-terrorism, Demining and
Related Assistance'') for the central government of a country which has
notified the Department of State of its refusal to extradite to the
United States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the possibility of
parole or for killing a law enforcement officer, as specified in a
United States extradition request.
(b) Subsection (a) shall only apply to the central government of a
country with which the United States maintains diplomatic relations and
with which the United States has an extradition treaty and the
government of that country is in violation of the terms and conditions
of the treaty.
(c) The Secretary of State may waive the restriction in subsection
(a) on a case-by-case basis if the Secretary certifies to the
Committees on Appropriations that such waiver is important to the
national interests of the United States.
commercial leasing of defense articles
Sec. 7067. Notwithstanding any other provision of law, and subject
to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt, and
North Atlantic Treaty Organization (NATO) and major non-NATO allies for
the procurement by leasing (including leasing with an option to
purchase) of defense articles from United States commercial suppliers,
not including Major Defense Equipment (other than helicopters and other
types of aircraft having possible civilian application), if the
President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under
such Act.
independent states of the former soviet union
Sec. 7068. (a) None of the funds appropriated by this Act under the
headings ``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' shall be made
available for assistance for a government of an Independent State of
the former Soviet Union if that government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final Act: Provided, That such
funds may be made available without regard to the restriction in this
subsection if the President determines that to do so is in the national
security interest of the United States.
(b) Funds appropriated by this Act under the heading ``Economic
Support Fund'' may be made available, notwithstanding any other
provision of law, for assistance and related programs for the countries
identified in section 3(c) of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 3 of the
FREEDOM Support Act (Public Law 102-511) and may be used to carry out
the provisions of those Acts: Provided, That such assistance and
related programs from funds appropriated by this Act under the headings
``Global Health Programs'', ``Economic Support Fund'', and
``International Narcotics Control and Law Enforcement'' shall be
administered in accordance with the responsibilities of the coordinator
designated pursuant to section 601 of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101-179) and section 102 of
the FREEDOM Support Act (Public Law 102-511).
(c) Section 907 of the FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of Public
Law 104-201 or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his
or her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation under title IV of chapter 2 of part I of the
Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
international monetary fund
Sec. 7069. (a) The terms and conditions of sections 7086(b) (1) and
(2) and 7090(a) of division F of Public Law 111-117 shall apply to this
Act.
(b) The Secretary of the Treasury shall instruct the United States
Executive Director of the International Monetary Fund (IMF) to seek to
ensure that any loan will be repaid to the IMF before other private
creditors.
(c) The Secretary of the Treasury shall seek to ensure that the IMF
is implementing best practices for the protection of whistleblowers
from retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosures;
(2) legal burdens of proof;
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
(d)(1) Section 17 of the Bretton Woods Agreements Act (22 U.S.C.
286e-2) is amended in subsections (b)(1) and (b)(2) by adding at the
end in both subsections, after ``Fund'', ``only to the extent that such
amounts are not subject to rescission''.
(2) The Bretton Woods Agreements Act (22 U.S.C. 286 et seq.) is
amended by adding at the end the following:
``SEC. 71. ACCEPTANCE OF AMENDMENTS TO THE ARTICLES OF AGREEMENT OF THE
FUND.
``The United States Governor of the Fund may accept the amendments
to the Articles of Agreement of the Fund as proposed in resolution 66-2
of the Board of Governors of the Fund.
``SEC. 72. QUOTA INCREASE.
``(a) In General.--The United States Governor of the Fund may
consent to an increase in the quota of the United States in the Fund
equivalent to 40,871,800,000 Special Drawing Rights.
``(b) Subject to Appropriations.--The authority provided by
subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations Acts.''.
disability programs
Sec. 7070. (a) Funds appropriated by this Act under the heading
``Economic Support Fund'' 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.
(b) Of the funds made available by this section, up to 7 percent
may be for management, oversight, and technical support.
procurement reform
Sec. 7071. (a) Notwithstanding any other provision of law, the
Administrator of the United States Agency for International Development
(USAID) 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 acquisition instruments
in which competition is limited to local entities if doing so would
result in cost savings, develop local capacity, or enable the USAID
Administrator to initiate a program or activity in appreciably less
time than if competition were not so limited, and such local entities
are deemed by the USAID Administrator to be capable of effectively
meeting the requirements of the contracts or instruments: Provided,
That the authority provided in this section may not be used to make
awards in excess of $5,000,000 and shall not exceed more than 10
percent of the funds made available to USAID under this Act for
assistance programs.
(b) For the purposes of this section, local-entity means an
individual, a corporation, a nonprofit organization, or another body of
persons that--
(1) is legally organized under the laws of;
(2) has as its principal place of business or operations
in; and
(3) either is--
(A) a for-profit entity majority owned and operated
by individuals who are citizens or lawful permanent
residents of; or
(B) a non-profit entity majority operated and
managed by individuals who are citizens or lawful
permanent residents of;
a country receiving assistance from funds appropriated under
title III of this Act.
(c) For purposes of this section, ``majority owned'' and ``managed
by'' include, without limitation, beneficiary interests and the power,
either directly or indirectly, whether exercised or exercisable, to
control the election, appointment, or tenure of the organization's
managers or a majority of the organization's governing body by any
means.
global internet freedom
Sec. 7072. (a) Of the funds appropriated under titles I and III of
this Act, not less than $44,600,000 shall be made available for
programs to promote Internet freedom globally: Provided, That such
programs shall be prioritized for countries whose governments restrict
freedom of expression on the Internet, and that are important to the
national interests of the United States: Provided further, That funds
made available pursuant to this section shall be matched, to the
maximum extent practicable, by sources other than the United States
Government, including from the private sector.
(b) Funds made available pursuant to subsection (a) shall be--
(1) coordinated with other democracy, governance, and
broadcasting programs funded by this Act under the headings
``International Broadcasting Operations'', ``Economic Support
Fund'', ``Democracy Fund'', and ``Complex Foreign Crises
Fund'', and shall be incorporated into country assistance,
democracy promotion, and broadcasting strategies, as
appropriate;
(2) made available to the Bureau of Democracy, Human
Rights, and Labor, Department of State and the United States
Agency for International Development (USAID) for programs to
implement the May 2011, International Strategy for Cyberspace
and the comprehensive strategy to promote Internet freedom and
access to information in Iran, as required by section 414 of
Public Law 112-158;
(3) made available to the Broadcasting Board of Governors
(BBG) to provide tools and techniques to access the Internet
Web sites of BBG broadcasters that are censored, and to work
with such broadcasters to promote and distribute such tools and
techniques, including digital security techniques;
(4) made available for programs that support the efforts of
civil society to counter the development of repressive
Internet-related laws and regulations, including countering
threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to
enhance digital security training and capacity building for
democracy activists; and
(5) made available for research of key threats to Internet
freedom; the continued development of technologies that provide
or enhance access to the Internet, including circumvention
tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and
maintenance of the United States Government's technological
advantage over such censorship techniques: Provided, That the
Secretary of State, in consultation with the BBG, shall
coordinate any such research and development programs with
other relevant United States Government departments and
agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such
technologies.
(c) Not later than 90 days after enactment of this Act, the
Secretary of State, the USAID Administrator, and the BBG shall submit
to the appropriate congressional committees a spend plan for funds made
available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards established
by relevant agencies to ensure that such programs are not used for
illicit purposes: Provided, That the Secretary of State shall include
a summary of all United States Government Internet freedom spend plans
demonstrating that there is no unnecessary overlap between the
Department and the other agencies, and that the spend plans support
coordinated strategic priorities.
border crossing card fee for minors
Sec. 7073. Section 410(a)(1)(A) of title IV of the Department of
State and Related Agencies Appropriations Act, 1999 (contained in
division A of Public Law 105-277) is amended by striking ``a fee of
$13'' and inserting ``a fee equal to one-half the fee that would
otherwise apply for processing a machine readable combined border
crossing identification card and nonimmigrant visa''.
special defense acquisition fund
Sec. 7074. Not to exceed $100,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (Fund), to remain available for
obligation until September 30, 2016: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
united nations population fund
Sec. 7075. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2014, $39,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) Availability of Funds.--Funds appropriated by this Act for
UNFPA, that are not made available for UNFPA because of the operation
of any provision of law, shall be transferred to the ``Global Health
Programs'' account and shall be made available for family planning,
maternal, and reproductive health activities, subject to the regular
notification procedures of the Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
operating and spend plans
Sec. 7076. (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 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 2014, 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 (USAID), shall
submit to the Committees on Appropriations a detailed spend plan for
funds made available by this Act under title III, and under title IV
where applicable, for--
(1) assistance for Afghanistan, Colombia, Egypt, Haiti,
Iraq, Lebanon, Libya, Mexico, Pakistan, the West Bank and Gaza,
and Yemen;
(2) the Trans-Sahara Counterterrorism Partnership program
and the Partnership for Regional East Africa Counterterrorism
program; and
(3) food security and agriculture development programs.
(c) Not later than 45 days after enactment of this Act, the USAID
Administrator shall submit to the Committees on Appropriations a
detailed spend plan for funds made available during fiscal year 2014
under the heading ``Development Credit Authority''.
(d) Not later than 45 days after enactment of this Act, the
Secretary of the Treasury shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by this
Act under the headings ``Department of the Treasury'' in title III and
``International Financial Institutions'' in title V.
(e) Notifications.--The spend plans referenced in subsections (b),
(c) and (d) shall not be considered as meeting the notification
requirements in this Act or under section 634A of the Foreign
Assistance Act of 1961.
department of state organization
Sec. 7077. The Secretary of State may, after consultation with the
appropriate congressional committees, transfer to such other officials
or offices of the Department of State as the Secretary may determine
from time to time 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.
transparency, governance, and oversight requirements
Sec. 7078. (a) Related Programs Accounts.--Each organization funded
under the heading ``Related Programs'' in title I of this Act shall
submit a report to the Committees on Appropriations not later than 90
days after enactment of this Act on the organization's policies and
procedures, as applicable, for the twelve governance, accountability,
and transparency-related requirements specified in the Government
Accountability Office report, Federally Created Entities: An Overview
of Key Attributes (GAO-10-97).
(b) Other Commissions Accounts.--Commissions funded under the
heading ``Other Commissions'' in title I of this Act shall submit a
report to the Committees on Appropriations not later than 90 days after
enactment of this Act on:
(1) The commission's policies and procedures to ensure
compliance with--
(A) Federal employee regulations;
(B) Federal procurement regulations, including for
individual contractors;
(C) Federal travel regulations; and
(D) EEOC and whistleblower protection; and
(2) The manner in which the following commission functions
are carried out--
(A) budget, financial, and procurement;
(B) oversight and audit; and
(C) human resources management and other
administrative functions.
(c) Requirements Included in Authorizing Legislation of
Organizations and Commissions.--The reports required in subsections (a)
and (b) shall include identification of any of the items listed above
with which the organization or commission is not required by its
authorizing legislation to comply.
buying power maintenance, international organizations
Sec. 7079. (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 2014 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.
transfer of expired balances to the protection of foreign missions and
officials account
Sec. 7080. The Secretary of State may transfer to, and merge with,
funds under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds appropriated under
the heading ``Diplomatic and Consular Programs'' for fiscal year 2014
and for each fiscal year thereafter, except for funds designated for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985, at no later than the end of the fifth fiscal year
after the last fiscal year for which such funds are available for the
purposes for which appropriated: Provided, That not more than
$50,000,000 may be transferred in any single fiscal year.
community development funds
Sec. 7081. Funds appropriated under this Act to carry out part I
of the Foreign Assistance Act of 1961 which are made available through
grants or cooperative agreements to strengthen food security in
developing countries and which are consistent with the goals of title
II of the Food for Peace Act may be deemed to be expended on
nonemergency food assistance for purposes of section 412(e)(1) of the
Food for Peace Act (7 U.S.C. 1736f(e)(1)).
establishment of the broadcasting board of governors chief executive
officer position
Sec. 7082. (a)(1) Section 305(a)(11) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6204(a)(11)) is
amended--
(A) by striking ``(11)'' and inserting ``(11)(A)''; and
(B) by adding at the end the following new subparagraph:
``(B) To appoint a Chief Executive Officer for a 5-year
term, renewable at the Board's discretion, subject to the
provisions of title 5, United States Code, governing
appointments, classification, and compensation; and to remove
the Chief Executive Officer upon a two-thirds majority vote of
the members of the Board then serving.''.
(2)(A) Not later than 180 days after the date of the enactment of
this Act, the Broadcasting Board of Governors shall appoint a Chief
Executive Officer as authorized under section 305(a)(11) of the United
States International Broadcasting Act of 1994 (22 U.S.C. 6204(a)(11)),
as amended by paragraph (1).
(B) Immediately upon appointment of the Chief Executive Officer
under subparagraph (A), the Director of the International Broadcasting
Bureau shall be terminated, and all of the responsibilities and
authorities of the Director shall be transferred to and assumed by the
Chief Executive Officer.
(b)(1) Section 307 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6206) is amended--
(A) in subsection (a), by adding at the end the following:
``The Bureau shall operate under the direction of the Chief
Executive Officer.'';
(B) by striking subsection (b); and
(C) in subsection (c)--
(i) in the subsection heading, by striking
``Director'' and inserting ``Chief Executive Officer'';
and
(ii) by striking ``The Director'' and inserting
``The Chief Executive Officer''.
(2) Section 305 of the United States International Broadcasting Act
of 1994 (22 U.S.C. 6204), as amended by subsection (a), is further
amended--
(A) by amending subsection (b) to read as follows:
``(b) Authorities; Delegation.--The Chief Executive Officer shall
have sole responsibility to carry out the authorities enumerated in
paragraphs (1), (5), (6), (7), (8), (10), (11)(A), (12), (13), (14),
(15), (16), (17), (18), and (19) of subsection (a) subject to the
supervision of the Board. The Board may delegate the responsibilities
enumerated in paragraphs (2), (3), (4), and (9) of such subsection. The
authority under paragraph 11(B) shall be exercised solely by the
Board.'';
(B) in subsection (c), by striking ``The Director of the
Bureau and the grantees identified in sections 6207 and 6208 of
this title'' and inserting ``The Chief Executive Officer''; and
(C) in subsection (d), by striking ``and the Board'' and
inserting ``, the Board, and the Chief Executive Officer''.
(c) The United States International Broadcasting Act of 1994 (22
U.S.C. 6201 et seq.) is amended by inserting after section 309 the
following new section:
``SEC. 310. BROADCAST ENTITIES REPORTING TO CHIEF EXECUTIVE OFFICER.
``(a) Voice of America and Office of Cuba Broadcasting.--The
Directors of Voice of America and the Office of Cuba Broadcasting are
subordinate to, and shall report to, the Chief Executive Officer of the
Broadcasting Board of Governors.
``(b) RFE/RL, Incorporated, Radio Free Asia, and the Middle East
Broadcast Networks.--The Directors of RFE/RL, Incorporated, Radio Free
Asia, and the Middle East Broadcast Networks shall communicate with,
and submit reports to, the Board through the Chief Executive
Officer.''.
consular notification compliance
Sec. 7083. (a) Petition for Review.--
(1) Jurisdiction.--Notwithstanding any other provision of
law, a Federal court shall have jurisdiction to review the
merits of a petition claiming violation of Article 36(1)(b) or
(c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a bilateral
international agreement addressing consular notification and
access, filed by an individual convicted and sentenced to death
by any Federal or State court before the date of enactment of
this Act.
(2) Standard.--To obtain relief, an individual described in
paragraph (1) must make a showing of actual prejudice to the
criminal conviction or sentence as a result of the violation.
The court may conduct an evidentiary hearing if necessary to
supplement the record and, upon a finding of actual prejudice,
shall order a new trial or sentencing proceeding.
(3) Limitations.--
(A) Initial showing.--To qualify for review under
this subsection, a petition must make an initial
showing that--
(i) a violation of Article 36(1)(b) or (c)
of the Vienna Convention on Consular Relations,
done at Vienna April 24, 1963, or a comparable
provision of a bilateral international
agreement addressing consular notification and
access, occurred with respect to the individual
described in paragraph (1); and
(ii) if such violation had not occurred,
the consulate would have provided assistance to
the individual.
(B) Effect of prior adjudication.--A petition for
review under this subsection shall not be granted if
the claimed violation described in paragraph (1) has
previously been adjudicated on the merits by a Federal
or State court of competent jurisdiction in a
proceeding in which no Federal or State procedural bars
were raised with respect to such violation and in which
the court provided review equivalent to the review
provided in this subsection, unless the adjudication of
the claim resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the prior Federal or State court
proceeding.
(C) Filing deadline.--A petition for review under
this subsection shall be filed within 1 year of the
later of--
(i) the date of enactment of this Act;
(ii) the date on which the Federal or State
court judgment against the individual described
in paragraph (1) became final by the conclusion
of direct review or the expiration of the time
for seeking such review; or
(iii) the date on which the impediment to
filing a petition created by Federal or State
action in violation of the Constitution or laws
of the United States is removed, if the
individual described in paragraph (1) was
prevented from filing by such Federal or State
action.
(D) Tolling.--The time during which a properly
filed application for State post-conviction or other
collateral review with respect to the pertinent
judgment or claim is pending shall not be counted
toward the 1-year period of limitation.
(E) Time limit for review.--A Federal court shall
give priority to a petition for review filed under this
subsection over all noncapital matters. With respect to
a petition for review filed under this subsection and
claiming only a violation described in paragraph (1), a
Federal court shall render a final determination and
enter a final judgment not later than one year after
the date on which the petition is filed.
(4) Habeas petition.--A petition for review under this
subsection shall be part of the first Federal habeas corpus
application or motion for Federal collateral relief under
chapter 153 of title 28, United States Code, filed by an
individual, except that if an individual filed a Federal habeas
corpus application or motion for Federal collateral relief
before the date of enactment of this Act or if such application
is required to be filed before the date that is 1 year after
the date of enactment of this Act, such petition for review
under this subsection shall be filed not later than 1 year
after the enactment date or within the period prescribed by
paragraph (3)(C)(iii), whichever is later. No petition filed in
conformity with the requirements of the preceding sentence
shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on
preenactment proceedings other than as specified in paragraph
(2).
(5) Referral to magistrate.--A Federal court acting under
this subsection may refer the petition for review to a Federal
magistrate for proposed findings and recommendations pursuant
to 28 U.S.C. 636(b)(1)(B).
(6) Appeal.--
(A) In general.--A final order on a petition for
review under paragraph (1) shall be subject to review
on appeal by the court of appeals for the circuit in
which the proceeding is held.
(B) Appeal by petitioner.--An individual described
in paragraph (1) may appeal a final order on a petition
for review under paragraph (1) only if a district or
circuit judge issues a certificate of appealability. A
district or circuit court judge shall issue or deny a
certificate of appealability not later than 30 days
after an application for a certificate of appealability
is filed. A district judge or circuit judge may issue a
certificate of appealability under this subparagraph if
the individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the
individual as a result of a violation described in
paragraph (1).
(b) Violation.--
(1) In general.--An individual not covered by subsection
(a) who is arrested, detained, or held for trial on a charge
that would expose the individual to a capital sentence if
convicted may raise a claim of a violation of Article 36(1)(b)
or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or of a comparable provision of a
bilateral international agreement addressing consular
notification and access, at a reasonable time after the
individual becomes aware of the violation, before the court
with jurisdiction over the charge. Upon a finding of such a
violation--
(A) the consulate of the foreign state of which the
individual is a national shall be notified immediately
by the detaining authority, and consular access to the
individual shall be afforded in accordance with the
provisions of the Vienna Convention on Consular
Relations, done at Vienna April 24, 1963, or the
comparable provisions of a bilateral international
agreement addressing consular notification and access;
and
(B) the court--
(i) shall postpone any proceedings to the
extent the court determines necessary to allow
for adequate opportunity for consular access
and assistance; and
(ii) may enter necessary orders to
facilitate consular access and assistance.
(2) Evidentiary hearings.--The court may conduct
evidentiary hearings if necessary to resolve factual issues.
(3) Rule of construction.--Nothing in this subsection shall
be construed to create any additional remedy.
(c) Definitions.--In this section the term ``State'' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United States.
(d) Applicability.--The provisions of this section shall apply
during the current fiscal year and hereafter.
death gratuity and other benefits
Sec. 7084. (a) Death Gratuity.--Section 413 of the Foreign Service
Act of 1980 (22 U.S.C. 3973) is amended--
(1) in subsection (a) by striking ``at the time of death''
and inserting ``at level II of the Executive Schedule under
section 5313 of title 5, United States Code, at the time of
death, except that for employees compensated under local
compensation plans established under section 408 the amount
shall be equal to the greater of either one year's salary at
the time of death, or one year's basic salary at the highest
step of the highest grade on the local compensation plan from
which the employee was being paid at the time of death'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (d), (e), and (f) respectively;
(3) by redesignating subsection (d) as subsection (f); and
(4) by inserting after subsection (a) the following new
subsections:
``(b) Other Executive Agencies.--The head of an executive agency
shall make a death gratuity payment authorized by this section to the
survivors, as defined in subsection (e), of any employee of that agency
who dies as a result of injuries sustained in the performance of duty
abroad while subject to the authority of the chief of mission pursuant
to section 207.
``(c) Interns Without Regular Salary.--The Secretary shall make a
special death gratuity payment of up to $500,000 to the survivors of an
intern serving at a United States diplomatic or consular mission abroad
without a regular salary who dies as a result of an act of terrorism
while on duty abroad, and who is not otherwise compensated under this
section.'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting at the end the following: ``The Secretary may waive
the requirement that the survivor be entitled to elect monthly
compensation under section 8133 of title 5, United States Code,
if the survivor would otherwise be entitled to payment under
this section and the Secretary determines such waiver is
appropriate under the circumstances.''; and
(6) by amending subsection (c) to read as follows:
``(e) Order of Payment.--A death gratuity payment under this
section shall be made as follows:
``(1) First, to the widow, widower, or domestic partner (as
defined by Department of State regulation).
``(2) Second, to the child, or children in equal shares, if
there is no widow, widower, or domestic partner.
``(3) Third, to the parent, or parents in equal shares, if
there is no widow, widower, domestic partner, or child.
``If there is no survivor entitled to payment under this
subsection, no payment shall be made.''.
(b) Life Insurance and Educational Benefits.--
(1) In general.--Chapter 4 of the Foreign Service Act of
1980 (22 U.S.C. 3961 et seq.) is amended by adding at the end
the following new sections:
``SEC. 415. GROUP LIFE INSURANCE SUPPLEMENT APPLICABLE TO THOSE KILLED
IN TERRORIST ATTACKS.
``(a) Foreign Service Employees.--
``(1) In general.--Notwithstanding the amounts specified in
chapter 87 of title 5, United States Code, a Foreign Service
employee who dies as a result of injuries sustained while on
duty abroad because of an act of terrorism, as defined in
section 140(d) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), shall be
eligible for a payment from the United States in an amount
that, when added to the amount of the employee's employer-
provided group life insurance policy coverage (if any), equals
$400,000. In the case of an employee compensated under a local
compensation plan established under section 408, the amount of
such payment shall be determined by regulations implemented by
the Secretary of State and shall be no greater than $400,000.
``(2) Designation of beneficiary.--A payment made under
paragraph (1) shall be made in accordance with the order of
payment set forth in section 414(e).
``(b) Other Executive Agencies.--The head of an executive agency
shall provide the additional payment authorized by this section,
consistent with the provisions set forth in subsection (a), with
respect to any employee of that agency who dies as a result of injuries
sustained while on duty abroad because of an act of terrorism, as
defined in section 140(d) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), while subject to the
authority of the chief of mission pursuant to section 207.
``SEC. 416. SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE.
``(a) Foreign Service Employees.--The Secretary shall provide
educational assistance to a widow, widower, familial designee, or
child(ren) of any United States national Foreign Service employee who
dies while on duty abroad as a result of an act of terrorism, as
defined in section 140(d) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), to meet, in whole or
in part, the expenses incurred by a widow, widower, domestic partner,
or child(ren) in pursuing a program of education at an educational
institution, including subsistence, tuition, fees, supplies, books,
equipment, and other educational costs.
``(b) Other Executive Agencies.--The head of an executive agency
shall provide educational assistance authorized by this section to a
widow, widower, domestic partner, or child(ren) of any employee of that
agency who dies as a result of an act of terrorism or terrorism, as
defined in section 140(d) of the Foreign Relations Authorization Act,
Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), while on duty abroad
and subject to the authority of the chief of mission pursuant to
section 207.
``(c) Amount of Assistance.--Educational assistance under this
section may be made available up to the amounts provided for in section
3532 of title 38, United States Code, as adjusted by section 3564 of
such title, and for an aggregate period not in excess of 48 months.
``(d) Program of Education and Educational Institution Defined.--
For purposes of this section, the terms `program of education' and
`educational institution' have the meanings given the terms in section
3501 of title 38.''.
(2) Clerical amendment.--The table of contents in section 2
of the Foreign Service Act of 1980 is amended by inserting
after the item relating to section 414 the following new items:
``Sec. 415. Group life insurance supplement applicable to those killed
in terrorist attacks.
``Sec. 416. Survivors' and dependents' educational assistance.''.
(c) Applicability.--Notwithstanding any other provision of law,
sections 413, 415, and 416 of the Foreign Service Act of 1980, as
amended or added by this section, shall apply in the case of a Foreign
Service employee or executive branch employee subject to the authority
of the chief of mission pursuant to section 207 of the Foreign Service
Act (22 U.S.C. 3927), serving at a United States diplomatic or consular
mission abroad, who died on or after April 18, 1983, as a result of
injuries sustained in an act of terrorism, as defined in section 140(d)
of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999
(22 U.S.C. 2656f(d)).
(d) Funding.--
(1) Diplomatic and consular programs funds.--Amounts made
available to the Department of State pursuant to the sixth
proviso under the heading ``Diplomatic and Consular Programs''
in title I of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public
Law 110-161) are authorized to be used by the Department of
State to pay benefits or payments made available pursuant to
this Act.
(2) Availability.--To pay benefits or payments made
available pursuant to this Act, the Secretary of State may
merge with the amounts described in paragraph (1) unobligated
balances of funds appropriated under the ``Diplomatic and
Consular Programs'' heading for fiscal year 2014 and subsequent
fiscal years, up until the end of the fifth fiscal year after
the fiscal year for which such funds were appropriated or
otherwise made available.
(3) Rescission.--Of the unexpended balances available under
the heading ``Export and Investment Assistance, Export-Import
Bank of the United States, Subsidy Appropriations'' from prior
Acts making appropriations for the Department of State, foreign
operations, and related programs, $21,000,000 are rescinded.
united states citizenship for internationally adopted individuals
Sec. 7085. (a) Automatic Citizenship.--Section 104 of the Child
Citizenship Act of 2000 (Public Law 106-395; 8 U.S.C. 1431 note) is
amended to read as follows:
``SEC. 104. APPLICABILITY.
``The amendments made by this title shall apply to any individual
who satisfies the requirements under section 320 or 322 of the
Immigration and Nationality Act, regardless of the date on which such
requirements were satisfied.''.
(b) Modification of Preadoption Visitation Requirement.--Section
101(b)(1)(F)(i) of the Immigration and Nationality Act (8 U.S.C.
1101(b)(1)(F)(i)) is amended by striking ``at least twenty-five years
of age, who personally saw and observed the child prior to or during
the adoption proceedings;'' and inserting ``who is at least 25 years of
age, at least 1 of whom personally saw and observed the child before or
during the adoption proceedings;''.
(c) Automatic Citizenship for Children of United States Citizens
Who Are Physically Present in the United States.--
(1) In general.--Section 320(a)(3) of the Immigration and
Nationality Act (8 U.S.C. 1431(a)(3)) is amended to read as
follows:
``(3) The child is physically present in the United States
in the legal custody of the citizen parent pursuant to a lawful
admission.''.
(2) Applicability to individuals who no longer have legal
status.--Notwithstanding the lack of legal status or physical
presence in the United States, a person shall be deemed to meet
the requirements under section 320 of the Immigration and
Nationality Act, as amended by paragraph (1), if the person--
(A) was born outside of the United States;
(B) was adopted by a United States citizen before
the person reached 18 years of age;
(C) was legally admitted to the United States; and
(D) would have qualified for automatic United
States citizenship if the amendments made by paragraph
(1) had been in effect at the time of such admission.
(d) Retroactive Application.--Section 320(b) of the Immigration and
Nationality Act (8 U.S.C. 1431(b)) is amended by inserting ``,
regardless of the date on which the adoption was finalized'' before the
period at the end.
(e) Applicability.--The amendments made by this section shall apply
to any individual adopted by a citizen of the United States regardless
of whether the adoption occurred prior to, on, or after the date of the
enactment of the Child Citizenship Act of 2000.
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.''.
use of funds in contravention of this act
Sec. 7087. If the executive branch makes a determination not to
comply with any provision of this Act on constitutional grounds, the
head of the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the
basis for such determination and any resulting changes to program and
policy.
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'',
$1,024,908,000, to remain available until September 30, 2015, of which
$900,274,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $100,000,000 of the total funds made available under
this heading to any other appropriation of any department or agency of
the United States, upon the concurrence of the head of such department
or agency, to support operations in and assistance for Afghanistan and
to carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That any such transfer shall be treated as a
reprogramming of funds under subsections (a) and (b) of section 7015 of
this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
conflict stabilization operations
For an additional amount for ``Conflict Stabilization Operations'',
$8,500,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$49,650,000, to remain available until September 30, 2015, which shall
be for the Special Inspector General for Afghanistan Reconstruction for
reconstruction oversight: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
educational and cultural exchange programs
For an additional amount for ``Educational and Cultural Exchange
Programs'', as authorized, $8,628,000, to remain available until
expended: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $558,548,000, to remain available until expended, of
which $308,548,000 shall be for the costs of worldwide security
upgrades, acquisition, and construction as authorized: Provided, That
such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $74,400,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
RELATED AGENCY
BROADCASTING BOARD OF GOVERNORS
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $4,400,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
RELATED PROGRAMS
United States Institute of Peace
For an additional amount for ``United States Institute of Peace'',
$6,016,000, to remain available until September 20, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $65,350,000,
to remain available until September 30, 2015: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$5,000,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$1,005,000,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$5,000,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$901,500,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$1,513,000,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
complex foreign crises fund
For an additional amount for ``Complex Crises Fund'', $535,000,000,
to remain available until September 30, 2015, of which not less than
$200,000,000 shall be made available for assistance for Jordan:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $106,500,000, to remain available until September
30, 2015: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$138,600,000, to remain available until September 30, 2015: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985: Provided further, That of the
funds available for obligation under this heading in this Act and in
prior Acts making appropriations for the Department of State, foreign
operations, and related programs, up to $161,000,000 may be used to pay
assessed expenses of international peacekeeping activities in Somalia.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing
Program'', $500,000,000, to remain available until September 30, 2015:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
International Financial Institutions
transition fund
For payment to the International Bank of Reconstruction and
Development as trustee for the Transition Fund by the Secretary of the
Treasury, $5,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2014.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations
accounts in this Act shall be available under the authorities and
conditions applicable to such appropriations accounts.
transfer authority
Sec. 8003. (a) Operations.--Funds appropriated by this title in
this Act under the headings ``Diplomatic and Consular Programs'' and
``Embassy Security, Construction, and Maintenance'' may be transferred
to, and merged with, funds appropriated by this title under such
headings: 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.
(b) Assistance.--
(1) Transfer authority.--Funds appropriated by this title
under the headings ``International Disaster Assistance'',
``Complex Foreign Crises Fund'', ``Economic Support Fund'',
``Migration and Refugee Assistance'', ``International Narcotics
Control and Law Enforcement'', ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' may be
transferred to, and merged with, funds appropriated by this
title under such headings: 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 made available under any other
provision of law, including section 610 of the Foreign
Assistance Act of 1961 which may be exercised by the Secretary
of State for the purposes of this title.
(2) Global security contingency fund.--Notwithstanding any
provision of law, not to exceed $25,000,000 from funds
appropriated under the headings ``International Narcotics
Control and Law Enforcement'' and ``Foreign Military Financing
Program'' by this title may be transferred to, and merged with,
funds previously made available under the heading ``Global
Security Contingency Fund'': Provided, That such transfer
authority is in addition to any other transfer authority
available to the Department of State, and shall be subject to
prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided
further, That the Secretary of State shall, not later than 15
days prior to obligation, notify the Committees on
Appropriations on a country basis, including the implementation
plan and timeline for each proposed use of such funds.
This Act may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, Fiscal Year
2014''.
Calendar No. 150
113th CONGRESS
1st Session
S. 1372
[Report No. 113-81]
_______________________________________________________________________
A BILL
Making appropriations for the Department of State, foreign operations,
and related programs for the fiscal year ending September 30, 2014, and
for other purposes.
_______________________________________________________________________
July 25, 2013
Read twice and placed on the calendar