II
Calendar No. 496
111th CONGRESS
2d Session
S. 3676
[Report No. 111–237]
IN THE SENATE OF THE UNITED STATES
July 29, 2010
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, 2011, and for other purposes.
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, 2011, and for other purposes, namely:
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, $9,600,000,000, of which $1,681,000,000 is for Worldwide Security Protection (to remain available until expended): Provided, That the Secretary of State may transfer up to $250,000,000 of the total funds made available under this heading to any other appropriation of any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1961: Provided further, That funds made available under this heading shall be allocated as follows:
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, $2,597,472,000 to remain available until September 30, 2012, of which not less than $140,728,000 shall be available only for public diplomacy American salaries, and $249,315,000 is for Worldwide Security Protection and shall remain available until expended.
Overseas programs
For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $3,504,493,000, to remain available until September 30, 2012, of which not less than $421,243,000 shall be available only for public diplomacy international information programs.
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, $896,028,000, to remain available until September 30, 2012.
Security programs
For necessary expenses for security activities, $2,602,007,000, to remain available until September 30, 2012, of which $1,431,685,000 is for Worldwide Security Protection and shall remain available until expended.
Fees and payments collected
In addition to amounts otherwise made available under this heading—
not to exceed $1,702,904 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International Center in accordance with section 4 of the International Center Act, and, in addition, as authorized by section 5 of such Act, $505,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section;
as authorized by section 810 of the United States Information and Educational Exchange Act, not to exceed $6,000,000, 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
not to exceed $15,000, which shall be derived from reimbursements, surcharges and fees for use of Blair House facilities.
Transfer, reprogramming, and spending plan
Notwithstanding any provision of this Act, funds may be reprogrammed within and between subsections under this heading subject to section 7015 of this Act.
Of the amount made available under this
heading, not to exceed $15,000,000 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.
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.
Not later than 45 days after the enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report detailing planned expenditures for funds appropriated under this heading.
Property inventory
Funds appropriated under this heading may not be made available to the Department of State for the purchase of vehicles, radios, cell phones, and other nonexpendable equipment unless the Secretary of State reports, in writing, to the Committees on Appropriations that the Department is taking steps to improve inventory procedures, including accounting for missing armored vehicles, and for the timely disposal of excess equipment.
Civilian stabilization initiative
For necessary expenses to support, maintain, mobilize, and deploy a civilian response corps in coordination with the United States Agency for International Development (USAID), and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife, $50,000,000, to remain available until expended: Provided, That funds made available under this heading may be made available in fiscal year 2011 to provide administrative expenses for the Office of the Coordinator for Reconstruction and Stabilization: Provided further, That notwithstanding any other provision of law, and following consultation with the Committees on Appropriations, the President may exercise transfer authorities contained in the Foreign Assistance Act of 1961 for reconstruction and stabilization assistance managed by the Office of the Coordinator for Reconstruction and Stabilization only to support an actively deployed Civilian Response Corps, subject to the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated under this heading may be obligated until the Secretary of State submits a report to the Committees on Appropriations clarifying the role of the Civilian Stabilization Initiative (CSI) in international crisis response, providing lessons learned since CSI’s establishment, and detailing how CSI efforts are coordinated with those of other Federal agencies, particularly USAID and the Department of Defense: Provided further, That not later than 45 days after enactment of this Act, the Secretary of State and the USAID Administrator shall submit a coordinated joint spending plan for funds made available under this heading.
Capital investment fund
For necessary expenses of the Capital Investment Fund, $139,000,000, 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, $115,000,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (Public Law 96–465), as it relates to post inspections, of which $22,000,000 shall be for the Special Inspector General for Iraq Reconstruction for reconstruction oversight, and $30,287,000 shall be for the Special Inspector General for Afghanistan Reconstruction for reconstruction oversight.
Educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as authorized, $654,277,000, to remain available until expended: Provided, That not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with English teaching, educational advising and counseling programs, and exchange visitor programs as authorized.
Representation allowances
For representation allowances as authorized, $8,175,000.
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, $31,500,000, to remain available until September 30, 2012.
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, $914,082,000, to remain available until expended as authorized, of which not to exceed $25,000 may be used for domestic and overseas representation as authorized: Provided, That none of the funds appropriated in this paragraph shall be available for acquisition of furniture, furnishings, or generators for other departments and agencies.
In addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $934,082,000, 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 2011.
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, $11,000,000, to remain
available until expended as authorized, of which not to exceed
$1,000,000 may be transferred to, and merged
with, funds appropriated by this Act under the heading Repatriation
Loans Program Account
, subject to the same terms and
conditions.
Repatriation loans program account
(including transfer of funds)
For the cost of direct loans, $739,000, 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.
In addition, for administrative expenses
necessary to carry out the direct loan program,
$711,000, which may be paid to Diplomatic
and Consular Programs
.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public Law 96–8), $21,420,000.
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, $1,575,430,000: Provided, That the Secretary of State shall, at the time of the submission of the President's budget to Congress under section 1105(a) of title 31, United States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United Nations for the operations of the United Nations: Provided further, That the Secretary of State shall notify the Committees on Appropriations of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget: Provided further, That 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, $2,126,382,000, of which 15 percent shall remain available until September 30, 2012: Provided, That at least 15 days in advance of voting for a new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable): (1) the Committees on Appropriations shall be notified of the estimated cost and length of the mission, the national interest that will be served, the planned exit strategy, and that the United Nations has taken appropriate measures to prevent United Nations employees, contractor personnel, and peacekeeping forces serving in the mission from trafficking in persons, exploiting victims of trafficking, or committing acts of illegal sexual exploitation, and to hold accountable individuals who engage in such acts while participating in the peacekeeping mission, including the prosecution in their home countries of such individuals in connection with such acts; and (2) notification pursuant to section 7015 of this Act is submitted, and the procedures therein followed, setting forth the source of funds that will be used to pay for the cost of the new or expanded mission: Provided further, That none of the funds appropriated by this Act may be made available as a United States contribution for a peacekeeping mission of the United Nations, unless the Secretary of State certifies to the Committees on Appropriations that the United Nations or the countries contributing peacekeeping troops have effective procedures to vet prospective troops to ensure that they have not been credibly alleged to have committed gross violations of internationally recognized human rights: Provided further, That the Secretary may waive the prohibition in the previous proviso if the Secretary certifies to the Committees on Appropriations that to do so is important to the national interests of the United States and reports to the Committees on actions being taken by the Department of State, the United Nations, and troop contributing countries to establish such procedures.
International Commissions
For necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows:
International boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the International Boundary and Water Commission, United States and Mexico, and to comply with laws applicable to the United States Section, including not to exceed $6,000 for representation; as follows:
Salaries and expenses
For salaries and expenses, not otherwise provided for, $47,431,000.
Construction
For detailed plan preparation and construction of authorized projects, $26,900,000, 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, $12,655,000: 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, $51,500,000: Provided, That the United States share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324: Provided further, That in addition to other funds available for such purposes, funds available under this heading may be used to make payments necessary to fulfill the United States’ obligations under the Pacific Salmon Treaty.
Related agency
Broadcasting board of governors
International broadcasting operations
For necessary
expenses to enable the Broadcasting Board of Governors, as authorized, to carry
out international communication activities, including the purchase, rent,
construction, and improvement of facilities for radio and television
transmission and reception and purchase, lease, and installation of necessary
equipment for radio and television transmission and reception to Cuba, and to
make and supervise grants for radio and television broadcasting to the Middle
East, $743,925,000:
Provided, That of the total amount
in this heading, not to exceed $16,000 may be
used for official receptions within the United States as authorized, not to
exceed $35,000 may be used for representation
abroad as authorized, and not to exceed $39,000
may be used for official reception and representation expenses of Radio Free
Europe/Radio Liberty:
Provided further, That
the authority provided by section 504(c) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 6206 note) shall remain in
effect through September 30, 2011:
Provided further, That
the authority provided by section 309(f) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6208(f)) is amended by striking
September 30, 2010
and inserting September 30,
2011
:
Provided further, That
in addition to funds made available under this heading, and notwithstanding any
other provision of law, up to $2,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating
international organizations, and up to
$1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting Bureau, to
remain available until expended for carrying out authorized
purposes.
Broadcasting capital improvements
For the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception, and purchase and installation of necessary equipment for radio and television transmission and reception as authorized, $6,875,000, 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), $19,000,000, 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, $44,050,000, to remain available until September 30, 2012, which shall not be used for construction-related activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, the total amount of the interest and earnings accruing to such Fund on or before September 30, 2011, 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, 2011, 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, 2011, 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, $23,100,000: 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, $125,000,000, to remain available until expended, of which $105,000,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $20,000,000 shall be for democracy, human rights, and rule of law programs: Provided, That the President of the National Endowment for Democracy shall submit to the Committees on Appropriations not later than 45 days after the date of enactment of this Act a report on the proposed uses of funds under this heading on a regional and country basis.
Other commissions
Commission for the Preservation of America's Heritage Abroad
Salaries and expenses
For necessary expenses for the Commission for the Preservation of America's Heritage Abroad, $647,000, as authorized by section 1303 of Public Law 99–83.
United States Commission on International Religious Freedom
Salaries and expenses
For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 (Public Law 105–292), $4,300,000, to remain available until September 30, 2012.
Commission on Security and Cooperation in Europe
Salaries and expenses
For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, $2,715,000, to remain available until September 30, 2012.
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, $2,000,000, including not more than $3,000 for the purpose of official representation, to remain available until September 30, 2012.
United States-China Economic and Security Review Commission
Salaries and expenses
For necessary expenses of the United States-China Economic and Security Review Commission, $3,500,000, including not more than $4,000 for the purpose of official representation, to remain available until September 30, 2012: Provided, That the terms and conditions under this heading in division F of Public Law 111–117 shall apply to funds appropriated under this heading in this Act.
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,
$1,412,500,000, of which up to
$160,000,000 may remain available until
September 30, 2012:
Provided, That none of the funds
appropriated under this heading and under the heading Capital Investment
Fund
in this Act 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
construction (including architect and engineering services), purchase, or
long-term lease of offices 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
the previous proviso shall not apply when the total cost of construction
(including architect and engineering services), purchase, or long-term lease of
offices does not exceed $1,000,000:
Provided further, That
of the funds appropriated under this heading that are available for capital
investments related to the Development Leadership Initiative, up to
$38,000,000 may remain available until September
30, 2014:
Provided further, That
contracts or agreements entered into with funds appropriated under this heading
may entail commitments for the expenditure of such funds through the following
fiscal year:
Provided further, That
any decision to open a new USAID overseas mission or office or, except where
there is a substantial security risk to mission personnel, to close or
significantly reduce the number of personnel of any such mission or office,
shall be subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may be
exercised by the Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to Operating Expenses
in
accordance with the provisions of those sections:
Provided further, That
any reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less, to
the cost categories in the table included under this heading in the report
accompanying this Act for funds appropriated under this heading, shall be
subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
of the funds appropriated or made available under this heading, not to exceed
$250,000 may be available for representation and
entertainment allowances, of which not to exceed
$5,000 may be available for entertainment
allowances, for USAID during the current fiscal year:
Provided further, That
no such entertainment funds may be used for the purposes listed in section 7020
of this Act:
Provided further, That
appropriate steps shall be taken to assure that, to the maximum extent
possible, United States-owned foreign currencies are utilized in lieu of
dollars.
Capital investment fund
For necessary expenses for overseas construction and related costs, and for the procurement and enhancement of information technology and related capital investments, pursuant to section 667 of the Foreign Assistance Act of 1961, $173,000,000, to remain available until expended, of which not more than $122,100,000 may be made available for the purpose of implementing the Capital Security Cost-Sharing Program: Provided, That this amount is in addition to funds otherwise available for such purposes: Provided further, That funds appropriated under this heading shall be available for obligation only pursuant to the regular notification procedures of the Committees on Appropriations.
Office of inspector general
For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $46,500,000, to remain available until September 30, 2012, which sum shall be available for the Office of Inspector General of the United States Agency for International Development.
Bilateral Economic Assistance
Funds appropriated to the president
For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2012, unless otherwise specified herein, as follows:
Global health and child survival
(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, $2,739,000,000, 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 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 accompanied by the evidence and criteria utilized to make the determination: Provided further, That none of the funds made available in this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 104 of the Foreign Assistance Act of 1961: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That the ninth and tenth provisos under this heading in the Consolidated Appropriations Act, 2010 (Public Law 111–117) shall apply to funds appropriated under this heading in this Act: Provided further, That for purposes of this or any other Act authorizing or appropriating funds for the Department of State, foreign operations, and related programs, the term motivate, as it relates to family planning assistance, shall not be construed to prohibit the provision, consistent with local law, of information or counseling about all pregnancy options.
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, $5,500,000,000, to remain available until expended, and which shall be apportioned directly to the Department of State: Provided, That of the funds appropriated under this paragraph, not less than $800,000,000 shall be made available, notwithstanding any other provision of law, except for the United States Leadership Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–25), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and Malaria, and shall be expended at the minimum rate necessary to make timely payment for projects and activities: Provided further, That up to 5 percent of the aggregate amount of funds made available to the Global Fund in fiscal year 2011 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, and sections 251 through 255, and chapter 10 of part I of the Foreign Assistance Act of 1961, $2,779,900,000: Provided, That the funds appropriated under this heading shall be made available in accordance with the requirements of sections 7055 and 7056 of this Act: Provided further, That relevant bureaus and offices of the United States Agency for International Development (USAID) that support cross-cutting development programs shall coordinate such programs on a regular basis: Provided further, That funds made available in this Act for agriculture and food security programs may be made available notwithstanding any other provision of law to address critical food shortages: Provided further, That the USAID Administrator should provide greater access to funds for grants and cooperative agreements for private voluntary organizations and cooperatives to carry out agriculture, rural development and related programs authorized under the Foreign Assistance Act of 1961.
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, $861,000,000, 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, $57,000,000, to remain available until expended, to support transition to democracy and to sustainable development of countries in crisis: Provided, That such support may include assistance to support democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the United States Agency for International Development shall submit a report to the Committees on Appropriations at least 5 days prior to beginning a new program of assistance: Provided further, That if the Secretary of State determines that it is important to the national interests of the United States to provide transition assistance in excess of the amount appropriated under this heading, up to $15,000,000 of the funds appropriated by this Act to carry out the provisions of part I of the Foreign Assistance Act of 1961 may be used for purposes of this heading and under the authorities applicable to funds appropriated under this heading: Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation with the Committees on Appropriations.
COMPLEX CRISES FUND
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to enable the Administrator of the United States Agency for International Development (USAID) and the Secretary of State to support programs and activities to prevent or respond to emerging or unforeseen complex crises overseas, $57,000,000, to remain available until expended: Provided, That funds appropriated under this heading may be made available on such terms and conditions as the USAID Administrator and the Secretary may determine, in consultation with the Committees on Appropriations, for the purposes of preventing or responding to such crises, except that no funds shall be made available to respond to natural disasters: Provided further, That the USAID Administrator may furnish assistance under this heading notwithstanding any other provision of law, except sections 7007, 7008, and 7034(q) of this Act and sections 104(f) and 620J of the Foreign Assistance Act of 1961: Provided further, That funds appropriated under this heading shall be subject to the regular notification procedures of the Committees on Appropriations, except that such notifications shall be transmitted at least 5 days in advance of the obligation of funds: Provided further, That the provisions of section 7015(e) of this Act shall apply to funds made available under this heading.
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
$35,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act and under the
heading Assistance for Europe, Eurasia and Central Asia
:
Provided, That funds provided under
this paragraph and funds provided as a gift pursuant to section 635(d) of the
Foreign Assistance Act of 1961 shall
be made available only for micro and small enterprise programs, urban programs,
and other programs which further the purposes of part I of such Act:
Provided further, That
such costs, including the cost of modifying such direct and guaranteed loans,
shall be as defined in section 502 of the Congressional Budget Act of 1974, as
amended:
Provided further, That
funds made available by this paragraph may be used for the cost of modifying
any such guaranteed loans under this Act or prior Acts, and funds used for such
costs shall be subject to the regular notification procedures of the Committees
on Appropriations:
Provided further, That
the provisions of section 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee on International
Relations on May 9, 1997, shall be applicable to direct loans and loan
guarantees provided under this heading:
Provided further, That
these funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to
$1,000,000,000.
In addition, for administrative expenses to
carry out credit programs administered by USAID,
$8,300,000, which may be paid to the
appropriation for Operating Expenses
in title II of this Act:
Provided, That funds made available
under this heading shall remain available until September 30,
2013.
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,
$7,157,000,000:
Provided, That of the funds
appropriated under this heading, $250,000,000
shall be available only for assistance for Egypt, which sum shall be provided
on a grant basis, and of which sum direct budget support shall be provided with
the understanding that the Government of Egypt will undertake significant
economic and democratic reforms which are additional to those which were
undertaken in previous fiscal years, including making significant efforts to
respect due process and the rights of its citizens to peaceful expression and
association:
Provided further, That
of the funds appropriated under this heading for assistance for Egypt, not less
than $20,000,000 shall be made available for
democracy, human rights and governance programs, and not less than
$35,000,000 shall be made available for
education programs, of which not less than
$10,000,000 is for scholarships for Egyptian
students with high financial need:
Provided further, That
of the funds appropriated under this heading, not more than
$400,400,000 may be made available for
assistance for the West Bank and Gaza, except that up to an additional
$9,300,000 may be made available for such
assistance from funds appropriated for the Middle East Partnership Initiative:
Provided further, That
funds appropriated under this heading that are made available for assistance
for Cyprus shall be used only for scholarships, administrative support of the
scholarship program, bicommunal projects, and measures aimed at reunification
of the island and designed to reduce tensions and promote peace and cooperation
between the two communities on Cyprus:
Provided further, That
$12,000,000 of the funds made available for
assistance for Lebanon under this heading shall be for scholarships for
students with high financial need at educational institutions in Lebanon that
meet standards similar to those required for American accreditation:
Provided further, That
of the funds appropriated under this heading, not less than
$360,000,000 shall be made available only for
assistance for Jordan:
Provided further, That
of the funds appropriated under this heading,
$195,000,000 shall be apportioned directly to
USAID for alternative development/institution building programs in Colombia:
Provided further, That
of the funds appropriated under this heading that are available for assistance
for Colombia, not less than $9,000,000 shall be
transferred to, and merged with, funds appropriated under the heading
Migration and Refugee Assistance
and shall be made available
only for assistance to nongovernmental and international organizations that
provide assistance to Colombian refugees in neighboring countries:
Provided further, That
funds appropriated by this Act may be made available for bilateral
environmental programs, and Asian regional programs that may include countries
ineligible for United States assistance, notwithstanding any other provision of
law, and subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
Democracy fund
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally, $110,000,000, of which $75,000,000 shall be made available for the Human Rights and Democracy Fund of the Bureau of Democracy, Human Rights and Labor, Department of State, and $35,000,000 shall be made available for the Office of Democracy and Governance of the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development.
Assistance for europe, eurasia and central asia
For necessary expenses to
carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM
Support Act, and the Support for East European Democracy (SEED) Act of 1989,
$715,000,000, which shall be available,
notwithstanding any other provision of law, for assistance and for related
programs for countries identified in section 3 of the FREEDOM Support Act and
section 3(c) of the SEED Act:
Provided, That funds appropriated
under this heading shall be considered to be economic assistance under the
Foreign Assistance Act of 1961 for purposes of making available the
administrative authorities contained in that Act for the use of economic
assistance:
Provided further, That
notwithstanding any provision of this or any other Act, funds appropriated in
prior years under the headings Independent States of the Former Soviet
Union
and similar headings and Assistance for Eastern Europe and
the Baltic States
and similar headings, and currencies generated by or
converted from such funds, shall be available for use in any country for which
funds are made available under this heading without regard to the geographic
limitations of the heading under which such funds were originally appropriated:
Provided further, That
funds made available for the Southern Caucasus region may be used for
confidence-building measures and other activities in furtherance of the
peaceful resolution of conflicts:
Provided further, That
of the funds appropriated under this heading, not less than
$8,500,000 shall be made available for
humanitarian, conflict mitigation, human rights, civil society, and relief and
reconstruction assistance for the North Caucasus.
Department of State
Migration and refugee assistance
For necessary expenses, not otherwise provided for, to enable the Secretary of State to provide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance to refugees and internally displaced persons, including contributions to the International Organization for Migration and the United Nations High Commissioner for Refugees, 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, $1,695,000,000, to remain available until expended, of which $25,000,000 shall be made available for refugees resettling in Israel, and not less than $35,000,000 shall be made available to respond to small-scale emergency humanitarian requirements of international and nongovernmental partners: Provided, That not later than 90 days after enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall develop a memorandum of understanding detailing the roles and responsibilities of each agency for funding and oversight to ensure maximum coordination of responses to internal displacement.
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)),
$45,000,000, to remain available until expended:
Provided, That section 2(c) of the
Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)) is amended
in paragraph (1) by striking President
and inserting
Secretary of State
and in paragraph (2) by striking
$100,000,000
and inserting
$200,000,000
.
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, $420,150,000: Provided, That the Director of the Peace Corps may transfer to the Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515, an amount not to exceed $5,000,000: Provided further, That funds transferred pursuant to the previous proviso may not be derived from amounts made available for Peace Corps overseas operations: Provided further, That of the funds appropriated under this heading, not to exceed $4,000 may be made available for entertainment expenses: Provided further, That not later than 45 days after enactment of this Act, the Director shall submit a spending plan to the Committees on Appropriations on the proposed uses of funds under this heading: Provided further, That none of the funds appropriated under this heading shall be used to pay for abortions.
Millennium challenge corporation
(including transfer of funds)
For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003, $1,105,000,000 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 10 percent of the funds appropriated under this heading may be made available to carry out the purposes of section 616 of the Millennium Challenge Act of 2003 for fiscal year 2011: Provided further, That section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply to funds appropriated under this heading: Provided further, That funds appropriated under this heading may be made available for a Millennium Challenge Compact entered into pursuant to section 609 of the Millennium Challenge Act of 2003 only if such Compact obligates, or contains a commitment to obligate subject to the availability of funds and the mutual agreement of the parties to the Compact to proceed, the entire amount of the United States Government funding anticipated for the duration of the Compact: Provided further, That the Chief Executive Officer of the Corporation shall notify the Committees on Appropriations not later than 15 days prior to signing any new country compact or new threshold country program; terminating or suspending any country compact or threshold country program; or commencing negotiations for any new compact or threshold country program: Provided further, That funds appropriated by this Act or any prior Act appropriating funds for the Department of State, foreign operations, and related programs that are made available for a Millennium Challenge Compact and that are suspended or terminated by the Chief Executive Officer of the Corporation shall be subject to the regular notification procedures of the Committees on Appropriations prior to re-obligation: Provided further, That the terms and conditions of section 1105(c) of Public Law 111–32 shall apply to funds appropriated under this heading: Provided further, That of the funds appropriated under this heading, not to exceed $100,000 may be available for representation and entertainment allowances, of which not to exceed $5,000 may be available for entertainment allowances.
Inter-american foundation
For necessary expenses to carry out the functions of the Inter-American Foundation in accordance with the provisions of section 401 of the Foreign Assistance Act of 1969, $25,000,000: Provided, That of the funds appropriated under this heading, not to exceed $2,000 may be available for entertainment and representation allowances.
African development foundation
For necessary expenses to carry out title V of the International Security and Development Cooperation Act of 1980 (Public Law 96–533), $30,500,000: Provided, That funds made available to grantees may be invested pending expenditure for project purposes when authorized by the Board of Directors of the Foundation: Provided further, That interest earned shall be used only for the purposes for which the grant was made: Provided further, That notwithstanding section 505(a)(2) of the African Development Foundation Act, in exceptional circumstances the Board of Directors of the Foundation may waive the $250,000 limitation contained in that section with respect to a project and a project may exceed the limitation by up to 10 percent if the increase is due solely to foreign currency fluctuation: Provided further, That the Foundation shall provide a report to the Committees on Appropriations after each time such waiver authority is exercised.
Department of the Treasury
International affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of the Foreign Assistance Act of 1961, $33,000,000, which shall be available notwithstanding any other provision of law.
Debt restructuring
For the cost, as defined in section 502 of the Congressional Budget Act of 1974, of modifying loans and loan guarantees, as the President may determine, for which funds have been appropriated or otherwise made available for programs within the International Affairs Budget Function 150, including the cost of selling, reducing, or canceling amounts owed to the United States as a result of concessional loans made to eligible countries, pursuant to parts IV and V of the Foreign Assistance Act of 1961, of modifying concessional credit agreements with least developed countries, as authorized under section 411 of the Agricultural Trade Development and Assistance Act of 1954, as amended, of concessional loans, guarantees and credit agreements, as authorized under section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100–461), and of canceling amounts owed, as a result of loans or guarantees made pursuant to the Export-Import Bank Act of 1945, by countries that are eligible for debt reduction pursuant to title V of H.R. 3425 as enacted into law by section 1000(a)(5) of Public Law 106–113, $56,000,000, to remain available until September 30, 2013: Provided, That not less than $20,000,000 of the funds appropriated under this heading shall be made available to carry out the provisions of part V of the Foreign Assistance Act of 1961: Provided further, That amounts paid to the Heavily Indebted Poor Countries (HIPC) Trust Fund may be used only to fund debt reduction under the enhanced HIPC initiative by—
the Inter-American Development Bank;
the African Development Fund;
the African Development Bank; and
the Central American Bank for Economic Integration:
have committed, for a period of 24 months,
not to accept new market-rate loans from the international financial
institution receiving debt repayment as a result of such disbursement, other
than loans made by such institutions to export-oriented commercial projects
that generate foreign exchange which are generally referred to as
enclave
loans; and
have documented and demonstrated their commitment to redirect their budgetary resources from international debt repayments to programs to alleviate poverty and promote economic growth that are additional to or expand upon those previously available for such purposes:
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, $1,550,000,000, to remain available until September 30, 2012: Provided, That during fiscal year 2011, the Department of State may also use the authority of section 608 of the Foreign Assistance Act of 1961, without regard to its restrictions, to receive excess property from an agency of the United States Government for the purpose of providing it to a foreign country or international organization under chapter 8 of part I of that Act subject to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall provide to the Committees on Appropriations not later than 45 days after the date of the enactment of this Act and prior to the initial obligation of funds appropriated under this heading, a report on the proposed uses of all funds under this heading on a country-by-country basis for each proposed program, project, or activity: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under this heading: Provided further, That assistance provided with funds appropriated under this heading that is made available notwithstanding section 482(b) of the Foreign Assistance Act of 1961 shall be made available subject to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, $5,000,000 should be made available to combat piracy of United States copyrighted materials, consistent with the requirements of section 688(a) and (b) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (division J of Public Law 110–161).
Nonproliferation, anti-terrorism, demining and related programs
For
necessary expenses for nonproliferation, anti-terrorism, demining and related
programs and activities, $743,643,000, to carry
out the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support Act, section 23 of
the Arms Export Control Act or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction of small
arms, and related activities, notwithstanding any other provision of law,
including activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of 1961 for a
voluntary contribution to the International Atomic Energy Agency, and for a
United States contribution to the Comprehensive Nuclear Test Ban Treaty
Preparatory Commission:
Provided, That funds appropriated
under this heading that are made available for the Nonproliferation and
Disarmament Fund may be made available, notwithstanding any other provision of
law, to promote bilateral and multilateral activities relating to
nonproliferation, disarmament and weapons of destruction:
Provided further, That
such funds shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations, 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
of the funds appropriated under this heading, not more than
$500,000 may be made available for
public-private partnerships for conventional weapons and mine action by grant,
cooperative agreement or contract:
Provided further, That
of the funds made available for demining and related activities, not to exceed
$700,000, in addition to funds otherwise
available for such purposes, may be used for administrative expenses related to
the operation and management of the demining program:
Provided further, That
funds appropriated under this heading that are available for
Anti-terrorism Assistance
and Export Control and Border
Security
shall remain available until September 30,
2012.
Peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of the Foreign Assistance Act of 1961, $287,000,000: Provided, That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance the capacity of foreign civilian security forces, including gendarmes, to participate in peacekeeping operations: Provided further, That of the funds appropriated under this heading, up to $55,918,000 may be used to pay contributions for assessed expenses of the African Union Mission in Somalia (AMISOM), except that such funds should not be made available unless the Secretary of State reports to the Committees on Appropriations that AMISOM troops are taking necessary precautions to avoid civilian casualties: Provided further, That none of the funds appropriated under this heading should be used to support any military training or operations that include child soldiers: Provided further, That of the funds appropriated under this heading, not less than $26,000,000 shall be made available for a United States contribution to the Multinational Force and Observers mission in the Sinai: Provided further, That none of the funds appropriated under this heading shall be obligated or expended except as provided through the regular notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
International military education and training
For necessary expenses to carry out the provisions of section 541 of the Foreign Assistance Act of 1961, $108,000,000, of which up to $3,000,000 may remain available until expended 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 funds made available under this heading for assistance for Angola, Bangladesh, Cameroon, Central African Republic, Chad, Côte d’Ivoire, Democratic Republic of the Congo, Ethiopia, Guatemala, Guinea, Haiti, Indonesia, Kenya, Libya, Nepal, Nigeria, and Sri Lanka may only be provided through the regular notification procedures of the Committees on Appropriations and any such notification shall include a detailed description of proposed activities: Provided further, That of the funds appropriated under this heading, not to exceed $55,000 may be available for entertainment allowances.
Foreign military financing program
For necessary expenses for grants to enable the President to carry out the provisions of section 23 of the Arms Export Control Act, $5,435,000,000: 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 $3,000,000,000 shall be available for grants only for Israel, and not less than $1,300,000,000 shall be made available for grants only for Egypt, including for border security programs and activities in the Sinai: Provided further, That the funds appropriated under this heading for assistance for Israel shall be disbursed within 30 days of the 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 $789,000,000 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 2011 shall be transferred to an interest bearing account for Egypt in the Federal Reserve Bank of New York within 30 days of enactment of this Act: Provided further, That of the funds appropriated under this heading, $300,000,000 shall be made available for assistance for Jordan: Provided further, That none of the funds made available under this heading shall be made available to support or continue any program initially funded under the authority of section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456) unless the Secretary of State, in 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
none of the funds appropriated under this heading may be made available for
assistance for Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia,
Haiti, Guatemala, Ethiopia, Cambodia, Kenya, Chad, and the Democratic Republic
of the Congo except pursuant to the regular notification procedures of the
Committees on Appropriations:
Provided further, That
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 $56,583,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on Appropriations:
Provided further, That
of the funds appropriated under this heading for general costs of administering
military assistance and sales, not to exceed
$4,000 may be available for entertainment
expenses and not to exceed $130,000 may be
available for representation allowances:
Provided further, That
not more than $749,597,000 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 2011
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.
PAKISTAN COUNTERINSURGENCY CAPABILITY FUND
For necessary expenses to carry out the provisions of chapter 8 of part I and chapters 2, 5, 6, and 8 of part II of the Foreign Assistance Act of 1961 and section 23 of the Arms Export Control Act, up to $900,000,000, to remain available until September 30, 2012: Provided, That notwithstanding any other provision of law, such funds shall be available to the Secretary of State, with the concurrence of the Secretary of Defense, for the purpose of providing assistance for Pakistan to build and maintain the counterinsurgency capability of Pakistani security forces (including the Frontier Corps), to include program management, civil-military humanitarian assistance training, human rights training, and the provision of equipment, supplies, services, training, and facility and infrastructure repair, renovation, and construction: Provided further, That such funds may be transferred by the Secretary of State to the Department of Defense or other Federal departments or agencies to support counterinsurgency operations and may be merged with, and be available for, the same purposes and for the same time period as the appropriation or fund to which transferred or may be transferred pursuant to the authorities contained in the Foreign Assistance Act of 1961: Provided further, That the Secretary of State shall, not fewer than 15 days prior to making transfers from this appropriation, notify the Committees on Appropriations, in writing, of the details of any such transfer: Provided further, That the Secretary of State shall submit not later than 45 days after the end of each fiscal quarter to the Committees on Appropriations a report in writing summarizing, on a project-by-project basis, the uses of funds under this heading: Provided further, That upon determination by the Secretary of State, with the concurrence of the Secretary of Defense, that all or part of the funds so transferred from this appropriation are not necessary for the purposes herein, such amounts may be transferred by the head of the relevant Federal department or agency back to this appropriation and shall be available for the same purposes and for the same time period as originally appropriated: Provided further, That any required notification or report may be submitted in classified form.
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, $397,000,000: Provided, That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United Nations Democracy Fund.
International financial institutions
Global environment facility
For payment to the International Bank for Reconstruction and Development as trustee for the Global Environment Facility by the Secretary of the Treasury, $148,750,000, to remain available until expended.
Contribution to the international development association
For payment to the International Development Association by the Secretary of the Treasury, $1,285,000,000, to remain available until expended.
Contribution to the clean technology fund
For payment to the International Bank for Reconstruction and Development as trustee for the Clean Technology Fund by the Secretary of the Treasury, $370,000,000, to remain available until expended.
Contribution to the strategic climate fund
For payment to the International Bank for Reconstruction and Development as trustee for the Strategic Climate Fund by the Secretary of the Treasury, $205,000,000, to remain available until expended.
GLOBAL FOOD SECURITY FUND
For payment as a contribution to a global food security fund by the Secretary of the Treasury, $250,000,000, to remain available until expended.
Contribution to the inter-american development bank
For payment to the Inter-American Investment Corporation by the Secretary of the Treasury, $5,000,000, to remain available until expended.
contribution to the enterprise for the americas multilateral investment fund
For payment to the Enterprise for the Americas Multilateral Investment Fund by the Secretary of the Treasury, $25,000,000, to remain available until expended.
Contribution to the asian development bank
For payment to the Asian Development Bank by the Secretary of the Treasury for the United States share of the paid-in portion of increase in capital stock, $106,586,000, to remain available until expended.
Limitation on callable capital subscriptions
The United States Governor of the Asian Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $2,558,048,769.
Contribution to the asian development fund
For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $37,414,000, to remain available until expended.
Contribution to the african development fund
For payment to the African Development Fund by the Secretary of the Treasury, $150,000,000, 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.
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, $3,500,000, to remain available until September 30, 2012.
Program account
The Export-Import Bank of the United States is authorized to make such expenditures within the limits of funds and borrowing authority available to such corporation, and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out the program for the current fiscal year for such corporation: Provided, That none of the funds available during the current fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology to any country, other than a nuclear-weapon state as defined in Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible to receive economic or military assistance under this Act, that has detonated a nuclear explosive after the date of the enactment of this Act: Provided further, That notwithstanding section 1(c) of Public Law 103–428, as amended, sections 1(a) and (b) of Public Law 103–428 shall remain in effect through October 1, 2011: Provided further, That the use of the aggregate loan, guarantee, and insurance authority available to the Export-Import Bank during the current fiscal year should not result in greenhouse gas emissions from the extraction or production of fossil fuels and the use of fossil fuels in electricity generation exceeding the total amount of such emissions resulting from the use of such authority during fiscal year 2009, and not less than 10 percent of such aggregate should be used for renewable energy technologies or end-use energy efficiency technologies.
Subsidy appropriation
For the cost of direct loans, loan guarantees, insurance, and tied-aid grants as authorized by section 10 of the Export-Import Bank Act of 1945, as amended, not to exceed $90,100,000: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such funds shall remain available until September 30, 2026, for the disbursement of direct loans, loan guarantees, insurance and tied-aid grants obligated in fiscal years 2011, 2012, 2013, and 2014: Provided further, That none of the funds appropriated by this Act or any prior Acts appropriating funds for the Department of State, foreign operations, and related programs for tied-aid credits or grants may be used for any other purpose except through the regular notification procedures of the Committees on Appropriations: Provided further, That funds appropriated by this paragraph are made available notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945, in connection with the purchase or lease of any product by any Eastern European country, any Baltic State or any agency or national thereof.
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 $100,000,000: Provided, That the Export-Import Bank may accept, and use, payment or services provided by transaction participants for legal, financial, or technical services in connection with any transaction for which an application for a loan, guarantee or insurance commitment has been made: Provided further, That notwithstanding subsection (b) of section 117 of the Export Enhancement Act of 1992, subsection (a) thereof shall remain in effect until October 1, 2011.
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 2011 in excess of obligations shall become available on September 1, 2011 and shall remain available until September 30, 2014.
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 $53,946,000: Provided further, That project-specific transaction costs, including direct and indirect costs incurred in claims settlements, and other direct costs associated with services provided to specific investors or potential investors pursuant to section 234 of the Foreign Assistance Act of 1961, shall not be considered administrative expenses for the purposes of this heading.
Program account
For the cost of direct and guaranteed loans, $29,000,000, as authorized by section 234 of the Foreign Assistance Act of 1961, to be derived by transfer from the Overseas Private Investment Corporation Noncredit Account: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That such sums shall be available for direct loan obligations and loan guaranty commitments incurred or made during fiscal years 2011, 2012, and 2013: Provided further, That funds so obligated in fiscal year 2011 remain available for disbursement through 2019; funds obligated in fiscal year 2012 remain available for disbursement through 2020; and funds obligated in fiscal year 2013 remain available for disbursement through 2021: 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 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.
Funds Appropriated to the President
Trade and development agency
For necessary expenses to carry out the provisions of section 661 of the Foreign Assistance Act of 1961, $55,500,000, to remain available until September 30, 2012: Provided, That of the funds appropriated under this heading, not more than $4,000 may be available for representation and entertainment allowances.
General Provisions
allowances and differentials
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
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 balances by program, project, and activity of the funds received by such department or agency that remain unobligated and unexpended, disaggregated by fiscal year.
Consulting services
The expenditure of any appropriation under title I of this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.
Embassy construction
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.
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.
Funds appropriated by this Act, and any prior Act making appropriations for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property for diplomatic facilities in Afghanistan, Pakistan, and Iraq, shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
Personnel actions
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
In evaluating proposals for local guard contracts, the Secretary of State shall award contracts in accordance with section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864), except that the Secretary may grant authorization to award such contracts on the basis of best value as determined by a cost-technical tradeoff analysis (as described in Federal Acquisition Regulation part 15.101) in Iraq, Afghanistan, and Pakistan, notwithstanding subsection (c)(3) of such section: Provided, That the authority in this section shall apply to any options for renewal that may be exercised under such contracts that are awarded during the current fiscal year: Provided further, That prior to issuing a solicitation for a contract to be awarded pursuant to the authority under this section, the Secretary of State shall consult with the Committees on Appropriations.
Prohibition against direct funding for certain countries
None of the funds appropriated or otherwise made available pursuant to titles III through VI of this Act shall be obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria: Provided, That for purposes of this section, the prohibition on obligations or expenditures shall include direct loans, credits, insurance and guarantees of the Export-Import Bank or its agents.
coups d'état
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 coup or decree: Provided, That assistance may be resumed to such government if the President determines and certifies to the Committees on Appropriations that subsequent to the termination of assistance a democratically elected government has taken office: Provided further, That the provisions of this section shall not apply to assistance to promote democratic elections or public participation in democratic processes: Provided further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the Committees on Appropriations.
Transfer authority
Department of state and broadcasting board of governors
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of State under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers.
Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Broadcasting Board of Governors under title I of this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers.
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.
Export financing transfer authorities
Not to exceed 5 percent of any appropriation other than for administrative expenses made available for fiscal year 2011, 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.
Limitation on transfers between agencies
None of the funds made available under titles II through V of this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriation Act.
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.
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 and
Child Survival
, 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.
Transfers between accounts
None of the funds made available under titles II through V of this Act may be obligated under an appropriation account to which they were not appropriated, except for transfers specifically provided for in this Act, unless the President, not less than 5 days prior to the exercise of any authority contained in the Foreign Assistance Act of 1961 to transfer funds, consults with and provides a written policy justification to the Committees on Appropriations.
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 for the agency receiving the transfer or allocation of such funds shall perform periodic program and financial audits of the use of such funds: Provided, That funds transferred under such authority may be made available for the cost of such audits.
Reporting requirement
The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2011, 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
, Pakistan
Counterinsurgency Capability Fund
, 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
No part of any appropriation contained in
this Act shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated
for the purposes of chapters 1, 8, 11, and 12 of part I, section 661, section
667, chapters 4, 5, 6, 8, and 9 of part II of the
Foreign Assistance Act of 1961,
section 23 of the Arms Export Control
Act, and funds provided under the headings Assistance for
Europe, Eurasia and Central Asia
, Democracy Fund
,
Pakistan Counterinsurgency Capability Fund
, and
Development Credit Authority
, shall remain available for an
additional 4 years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before the
expiration of their respective periods of availability contained in this Act:
Provided further,
That notwithstanding any other provision of this Act, any funds made available
for the purposes of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall remain available until
expended.
Limitation on assistance to countries in default
No part of any appropriation provided under titles III through VI in this Act shall be used to furnish assistance to the government of any country which is in default during a period in excess of one calendar year in payment to the United States of principal or interest on any loan made to the government of such country by the United States pursuant to a program for which funds are appropriated under this Act unless the President determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest of the United States.
Prohibition on taxation of assistance
None of the funds appropriated under title III of this Act may be made available for assistance for a foreign country unless the government of such country agrees, in writing, to exempt such assistance from taxation or to an effective arrangement for substantial reimbursement of such taxes.
Reservations of funds
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.
In addition to the authority contained in subsection (a), the original period of availability of funds appropriated by this Act and administered by the United States Agency for International Development (USAID) that are specifically designated for particular programs or activities by this or any other Act shall be extended for an additional fiscal year if the USAID Administrator determines and reports promptly to the Committees on Appropriations that the termination of assistance to a country or a significant change in circumstances makes it unlikely that such designated funds can be obligated during the original period of availability: Provided, That such designated funds that continue to be available for an additional fiscal year shall be obligated only for the purpose of such designation.
Ceilings and specifically designated funding levels contained in this Act shall not be applicable to funds or authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds appropriated by this Act.
Reprogramming notification requirements
None of the funds made available in title I of this Act, or in prior appropriations Acts to the agencies and departments funded by this Act that remain available for obligation or expenditure in fiscal year 2011, 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) reorganizes or renames 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.
For the purposes of providing the executive branch with the necessary administrative flexibility, none of the funds provided under title I of this Act, or provided under previous appropriations Acts to the agency or department funded under title I of this Act that remain available for obligation or expenditure in fiscal year 2011, 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.
For the purposes of providing the executive
branch with the necessary administrative flexibility, none of the funds made
available under titles II through V in this Act under the headings
Global Health and Child Survival
, Development
Assistance
, International Organizations and Programs
,
Trade and Development Agency
, International Narcotics
Control and Law Enforcement
, Assistance for Europe, Eurasia and
Central Asia
, Economic Support Fund
, Democracy
Fund
, Peacekeeping Operations
, Capital Investment
Fund
, Operating Expenses
, Office of Inspector
General
, Nonproliferation, Anti-terrorism, Demining and Related
Programs
, Millennium Challenge Corporation
, “Pakistan
Counterinsurgency Capability Fund”, Foreign Military Financing
Program
, International Military Education and Training
,
Peace Corps
, Complex Crises Fund
, and
Migration and Refugee Assistance
, shall be available for
obligation for activities, programs, projects, type of materiel assistance,
countries, or other operations not justified or in excess of the amount
justified to the Committees on Appropriations for obligation under any of these
specific headings unless the Committees on Appropriations are notified 15 days
in advance:
Provided, That the President
shall not enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment:
Provided further,
That requirements of this subsection or any similar provision of this or any
other Act shall not apply to any reprogramming for an activity, program, or
project for which funds are appropriated under titles II through IV of this Act
of less than 10 percent of the amount previously justified to the Congress for
obligation for such activity, program, or project for the current fiscal
year.
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.
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.
None of the funds appropriated under titles III through VI of this Act shall be obligated or expended for assistance for Serbia, Sudan, Zimbabwe, Afghanistan, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Nepal, Colombia, Burma, Yemen, Mexico, Somalia, Sri Lanka, or Cambodia except as provided through the regular notification procedures of the Committees on Appropriations.
Notification on excess defense equipment
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, 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
Subject to the regular notification procedures of the Committees on Appropriations, funds appropriated under titles III through VI of this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs, which are returned or not made available for organizations and programs because of the implementation of section 307(a) of the Foreign Assistance Act of 1961, shall remain available for obligation until September 30, 2012.
War crimes tribunals drawdown
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.
Allocations
Funds provided in this Act for the following accounts shall be made available for programs and countries in the amounts contained in the respective tables included in the report accompanying this Act:
Diplomatic and Consular
Programs
;
Educational and Cultural Exchange
Programs
;
International Boundary and Water
Commission, United States and Mexico
;
International Fisheries
Commissions
;
International Broadcasting
Operations
;
Global Health and Child
Survival
;
Development
Assistance
;
Democracy Fund
;
Economic Support
Fund
;
Assistance for Europe, Eurasia and
Central Asia
;
International Narcotics Control and
Law Enforcement
;
Nonproliferation, Anti-terrorism,
Demining and Related Programs
;
Peacekeeping
Operations
;
Foreign Military Financing
Program
; and
International Organizations and
Programs
.
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.
The requirements contained in subsection
(a) shall apply to the tables under the headings Bilateral Economic
Assistance
and International Security Assistance
in the
report.
Prohibition of payment of certain expenses
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 and Child Survival
, Development
Assistance
, and Economic Support Fund
may be obligated
or expended to pay for—
alcoholic beverages; or
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
Lethal military equipment exports
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.
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.
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.
Bilateral assistance
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—
grants sanctuary from prosecution to any individual or group which has committed an act of international terrorism; or
otherwise supports international terrorism.
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.
LIMITATION ON USE OF FUNDS IN CONTRAVENTION OF CERTAIN LAWS
None of the funds made available in this Act or prior Acts may be used in contravention of any provision of, or amendment made by, this Act, unless such authority is expressly provided in statute: Provided, That if a determination is made on constitutional grounds by the executive branch that any provision of law covered by the preceding sentence shall not apply, 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.
Authorization requirements
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
For the purpose of titles II through VI of
this Act program, project, and activity
shall be defined at the
appropriations Act account level and shall include all appropriations and
authorizations Acts funding directives, ceilings, and limitations with the
exception that for the following accounts: Economic Support Fund
and Foreign Military Financing Program
, program, project,
and activity
shall also be considered to include country, regional, and
central program level funding within each such account; for the development
assistance accounts of the United States Agency for International Development
program, project, and activity
shall also be considered to
include central, country, regional, and program level funding, either as: (1)
justified to the Congress; or (2) allocated by the executive branch in
accordance with a report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by section 653(a) of
the Foreign Assistance Act of
1961.
Authorities for the peace corps, inter-american foundation and african development foundation
Unless expressly provided to the contrary, provisions of this or any other Act, including provisions contained in prior Acts authorizing or making appropriations for the Department of State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the Peace Corps Act, the Inter-American Foundation Act or the African Development Foundation Act: Provided, That the agency shall promptly report to the Committees on Appropriations whenever it is conducting activities or is proposing to conduct activities in a country for which assistance is prohibited.
Commerce, trade and surplus commodities
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.
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—
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; or
research activities intended primarily to benefit American producers.
The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions to use the voice and vote of the United States to oppose any assistance by such institutions, using funds appropriated or made available pursuant to titles III through VI of this Act, for the production or extraction of any commodity or mineral for export, if it is in surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity.
Separate accounts
Separate accounts for local currencies
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—
require that local currencies be deposited in a separate account established by that government;
enter into an agreement with that government which sets forth—
the amount of the local currencies to be generated; and
the terms and conditions under which the currencies so deposited may be utilized, consistent with this section; and
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.
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—
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—
project and sector assistance activities; or
debt and deficit financing; or
for the administrative requirements of the United States Government.
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).
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.
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.
Separate accounts for cash transfers
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.
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).
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).
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.
Assistance for nongovernmental organizations
Section 123(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151u(e)) is amended to read as follows:
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 made available to carry out this chapter and chapters 10, 11, and 12 of part I and chapter 4 of part II; or
funds made available for economic assistance activities under the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.).
The President shall submit to Congress, in accordance with section 634A, advance notice of an intent to obligate funds under the authority of this subsection to furnish assistance in support of programs of nongovernmental organizations.
Assistance may not be furnished through nongovernmental organizations to the central government of a country under the authority of this subsection, but assistance may be furnished to local, district, or subnational government entities under such authority.
.
Exception
This subsection shall not apply—
with respect to section 620A of this Act or any comparable provision of law prohibiting assistance to countries that support international terrorism; or
with respect to section 116 of this Act or any comparable provision of law prohibiting assistance to the government of a country that violates internationally recognized human rights.
.
Impact on jobs in the united states
None of the funds appropriated under titles III through VI of this Act may be obligated or expended to provide—
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
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
None of the funds appropriated in 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 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 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.
The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to oppose any loan, grant, strategy or policy of such institution that would require user fees or service charges on poor people for primary education or primary healthcare, including prevention, care and treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and maternal health, in connection with the institutions' financing programs.
The Secretary of the Treasury shall instruct the United States Executive Director of the International Monetary Fund (the Fund) to use the voice and vote of the United States to oppose any loan, project, agreement, memorandum, instrument, plan, or other program of the Fund to a Heavily Indebted Poor Country that imposes budget caps or restraints that do not allow the maintenance of or an increase in governmental spending on health care or education; and to promote government spending on healthcare, education, food aid, or other critical safety net programs in all of the Fund’s activities with respect to Heavily Indebted Poor Countries.
For purposes of this Act,
international financial institutions
are the World Bank, the
Inter-American Development Bank, the Asian Development Bank, the African
Development Bank, the International Monetary Fund, the North American
Development Bank, and the European Bank for Reconstruction and
Development.
Debt-for-development
In order to enhance the continued participation of nongovernmental organizations in debt-for-development and debt-for-nature exchanges, a nongovernmental organization which is a grantee or contractor of the United States Agency for International Development may place in interest bearing accounts local currencies which accrue to that organization as a result of economic assistance provided under title III of this Act and, subject to the regular notification procedures of the Committees on Appropriations, any interest earned on such investment shall be used for the purpose for which the assistance was provided to that organization.
Authority to engage in debt buybacks or sales
Loans eligible for sale, reduction, or cancellation
Authority to sell, reduce, or cancel certain loans
Notwithstanding any other provision of law, the President may, in accordance with this section, sell to any eligible purchaser any concessional loan or portion thereof made before January 1, 1995, pursuant to the Foreign Assistance Act of 1961, to the government of any eligible country as defined in section 702(6) of that Act or on receipt of payment from an eligible purchaser, reduce or cancel such loan or portion thereof, only for the purpose of facilitating—
debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps; or
a debt buyback by an eligible country of its own qualified debt, only if the eligible country uses an additional amount of the local currency of the eligible country, equal to not less than 40 percent of the price paid for such debt by such eligible country, or the difference between the price paid for such debt and the face value of such debt, to support activities that link conservation and sustainable use of natural resources with local community development, and child survival and other child development, in a manner consistent with sections 707 through 710 of the Foreign Assistance Act of 1961, if the sale, reduction, or cancellation would not contravene any term or condition of any prior agreement relating to such loan.
Terms and conditions
Notwithstanding any other provision of law, the President shall, in accordance with this section, establish the terms and conditions under which loans may be sold, reduced, or canceled pursuant to this section.
Administration
The Facility, as defined in section 702(8) of the Foreign Assistance Act of 1961, shall notify the administrator of the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 of purchasers that the President has determined to be eligible, and shall direct such agency to carry out the sale, reduction, or cancellation of a loan pursuant to this section: Provided, That such agency shall make adjustment in its accounts to reflect the sale, reduction, or cancellation.
Limitation
The authorities of this subsection shall be available only to the extent that appropriations for the cost of the modification, as defined in section 502 of the Congressional Budget Act of 1974, are made in advance.
Deposit of proceeds
The proceeds from the sale, reduction, or cancellation of any loan sold, reduced, or canceled pursuant to this section shall be deposited in the United States Government account or accounts established for the repayment of such loan.
Eligible purchasers
A loan may be sold pursuant to subsection (a)(1)(A) only to a purchaser who presents plans satisfactory to the President for using the loan for the purpose of engaging in debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
Debtor consultations
Before the sale to any eligible purchaser, or any reduction or cancellation pursuant to this section, of any loan made to an eligible country, the President should consult with the country concerning the amount of loans to be sold, reduced, or canceled and their uses for debt-for-equity swaps, debt-for-development swaps, or debt-for-nature swaps.
Availability of funds
The authority provided by subsection (a)
may be used only with regard to funds appropriated by this Act under the
heading Debt Restructuring
.
Special debt relief for the poorest
Authority to reduce debt
The President may reduce amounts owed to the United States (or any agency of the United States) by an eligible country as a result of—
guarantees issued under sections 221 and 222 of the Foreign Assistance Act of 1961;
credits extended or guarantees issued under the Arms Export Control Act; or
any obligation or portion of such obligation, to pay for purchases of United States agricultural commodities guaranteed by the Commodity Credit Corporation under export credit guarantee programs authorized pursuant to section 5(f) of the Commodity Credit Corporation Charter Act of June 29, 1948, as amended, section 4(b) of the Food for Peace Act of 1966, as amended (Public Law 89–808), or section 202 of the Agricultural Trade Act of 1978, as amended (Public Law 95–501).
Limitations
The authority provided by subsection (a)
may be exercised only to implement multilateral official debt relief and
referendum agreements, commonly referred to as Paris Club Agreed
Minutes
.
The authority provided by subsection (a) may be exercised only in such amounts or to such extent as is provided in advance by appropriations Acts.
The authority provided by subsection (a)
may be exercised only with respect to countries with heavy debt burdens that
are eligible to borrow from the International Development Association, but not
from the International Bank for Reconstruction and Development, commonly
referred to as IDA-only
countries.
Conditions
The authority provided by subsection (a) may be exercised only with respect to a country whose government—
does not have an excessive level of military expenditures;
has not repeatedly provided support for acts of international terrorism;
is not failing to cooperate on international narcotics control matters;
(including its military or other security forces) does not engage in a consistent pattern of gross violations of internationally recognized human rights; and
is not ineligible for assistance because of the application of section 527 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.
Availability of funds
The authority provided by subsection (a)
may be used only with regard to the funds appropriated by this Act under the
heading Debt Restructuring
.
Certain prohibitions inapplicable
A reduction of debt pursuant to subsection (a) shall not be considered assistance for the purposes of any provision of law limiting assistance to a country: Provided, That the authority provided by subsection (a) may be exercised notwithstanding section 620(r) of the Foreign Assistance Act of 1961 or section 321 of the International Development and Food Assistance Act of 1975.
Special authorities
Afghanistan, Pakistan, Iraq, Lebanon, Victims of War, Displaced Children, and Displaced Burmese
Funds appropriated under titles III and IV of this Act that are made available for assistance for Afghanistan may be made available notwithstanding section 7012 of this Act or any similar provision of law and section 660 of the Foreign Assistance Act of 1961, and funds appropriated under title III of this Act that are made available for assistance for Pakistan, Iraq, and Lebanon and for victims of trafficking in persons, victims of war, displaced children and displaced Burmese, may be made available notwithstanding any other provision of law.
Small business
In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, the United States Agency for International Development 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.
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.
World food program
Of the funds managed by the Bureau for Democracy, Conflict, and Humanitarian Assistance, United States Agency for International Development, from this or any other Act, not less than $10,000,000 shall be made available as a general contribution to the World Food Program, notwithstanding any other provision of law.
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
, “International Narcotics Control and Law Enforcement”,
Peacekeeping Operations
, International Disaster
Assistance
, and Transition Initiatives
may be made
available to support programs to disarm, demobilize, and reintegrate into
civilian society former members of foreign terrorist organizations:
Provided, That the Secretary of
State shall consult with the Committees on Appropriations prior to the
obligation of funds pursuant to this subsection:
Provided further,
That for the purposes of this subsection the term foreign terrorist
organization means an organization designated as a terrorist
organization under section 219 of the Immigration
and Nationality Act.
Contingencies
During fiscal year 2011, the President may use up to $75,000,000 under the authority of section 451 of the Foreign Assistance Act of 1961, notwithstanding any other provision of law.
Democracy Promotion
Funds made available by this Act that are made available for the promotion of democracy may be made available notwithstanding any other provision of law, and with regard to the National Endowment for Democracy, any regulation.
For the purposes of funds appropriated by
this Act, the term promotion of democracy
means programs that
support good governance, human rights, independent media, and the rule of law,
and otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and citizens to
support the development of democratic states, institutions, and practices that
are responsive and accountable to citizens.
Any contract, grant, or cooperative
agreement (or any amendment to any contract, grant or cooperative agreement) in
excess of $1,000,000 of funds under the heading
Democracy Fund
, and in excess of
$1,000,000 under other headings in this Act for
the promotion of democracy, with the exception of programs and activities of
the National Endowment for Democracy, shall be subject to the regular
notification procedures of the Committees on Appropriations.
With respect to the provision of assistance for democracy, human rights and governance activities in this Act, the organizations implementing such assistance and the specific nature of that assistance shall not be subject to the prior approval by the government of any foreign country.
Of the funds appropriated under title III of this Act that are made available for the promotion of democracy, up to $20,000,000 shall be made available to expand access to information and communications through the Internet, and shall be used for programs that provide unmonitored and uncensored access to the Internet for large numbers of users living in closed societies that have acutely hostile Internet environments: Provided, That such funds, and any unobligated funds appropriated in prior Acts making appropriations for the Department of State, foreign operations and related programs for Internet freedom, shall not be obligated until the Secretary of State, in coordination with the USAID Administrator and the Broadcasting Board of Governors, submits to the Committees on Appropriations, in classified form if necessary, a detailed, multi-year strategy to promote Internet freedom abroad, including goals and objectives, funding data by Federal agency, program and fiscal year, and a detailed description of the following—
mechanisms and tools, inluding censorship circumvention technology, to be used to promote expanded access and freedom via the Internet and other forms of connection technology, especially for people living in countries whose governments censor, monitor, distort, and restrict the Internet and other forms of media;
the countries which will be focal points for such strategy, and an assessment of options to reach the largest number of people in each country;
projected outcomes and metrics for measuring the impact and sustainability of programs established by such funds; and
an assessment of the effectiveness of the uses of previously appropriated funds for this purpose.
Of the funds appropriated under the heading
Economic Support Fund
in this Act that are made available for
assistance for Egypt, Pakistan, Cuba, North Korea and the Democratic Republic
of the Congo, $12,500,000 shall be transferred
to, and merged with, funds made available under the heading National
Endowment for Democracy
, and shall be allocated for democracy programs
in such countries.
Personnel
The authority provided by section 1113 of Public Law 111–32 shall remain in effect through fiscal year 2011.
Partner vetting
Funds appropriated by this Act may be used to implement a Partner Vetting System (PVS) pilot program, including necessary rulemaking: Provided, That any such PVS pilot program shall apply equally to the programs and activities of the Department of State and the United States Agency for International Development (USAID): Provided further, That the Secretary of State and the USAID Administrator shall jointly consult with the Committees on Appropriations not later than 45 days after enactment of this Act on progress implementing the PVS pilot program and preliminary results: Provided further, That such funds shall be subject to the regular notification procedures of the Committees on Appropriations.
Accountability Review Boards
The authority provided by section 301(a)(3) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain in effect through September 30, 2011.
Public Availability of Reports
Any report submitted to the Committees on Appropriations pursuant to any reporting requirement in this Act and in the report accompanying this Act shall be posted on the respective agency’s public Web site not more than 7 days after such report is transmitted to Congress, unless otherwise specified by the Committees on Appropriations.
Consolidation of Reports
The Secretary of State or the USAID Administrator may, notwithstanding any other provision of law and following consultation with the Committees on Appropriations, consolidate or combine reports (including plans and strategies) that are called for by any provision of law to be submitted to the Congress and that are substantially duplicative of others called for by any other provision of law, and may submit a report into which two or more are consolidated by the last in time of the dates otherwise required for submission of the reports being consolidated, except that such date shall be no later than 60 days after the date that the earliest of the reports was due.
Reports are considered substantially
duplicative
if they are required to address at least more than half of
the same substantive factors, criteria and issues that are required to be
addressed by any other report, and any such consolidated report must address
all the substantive factors, criteria and issues required to be addressed in
each of the individual reports.
Reports affected by this section are those within the purview of or prepared primarily by the Department of State and USAID and that relate to matters addressed under this Act, or any Act authorizing or appropriating funds for use by, or actions of, the Department of State and USAID.
Clarifying Amendment
The Foreign Relations Authorization Act,
Fiscal Years 2000 and 2001 is amended in section 705(b) (22 U.S.C. 7401(b)) by
striking by, or for support of, the International Criminal Court
and inserting in a manner inconsistent with the American Servicemembers’
Protection Act of 2002 (22 U.S.C. 7421, et seq.)
.
Prohibition on Use of Funds for Abortions and Involuntary Sterilizations
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 provisions related to abortions and involuntary sterilizations in section 104(f) of such Act.
Modification date of report
Section 102(b)(1) of the International
Religious Freedom Act of 1998 (22 U.S. C. 6412(b)(1) is amended by striking
September 1
and inserting April 1
.
Extension of Passport Surcharge
Section 1(b)(2) of
the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(2)) is amended by striking
2010
and inserting instead 2011
.
Protections and Remedies for Employees of Diplomatic Missions and International Organizations
The Secretary of State shall promptly and fully implement section 203(a)(2) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110–457): Provided, That in determining whether to suspend the issuance of A–3 or G–5 visas to applicants seeking to work for officials of a diplomatic mission or international organization, the Secretary shall consider whether a final court judgment has been issued against a current or former employee of such mission or organization (and the time period for a final appeal has expired) or whether the Department of State has requested that immunity of individual diplomats or family members be waived to permit criminal prosecution: Provided further, That the Secretary shall continue to assist in obtaining payment of final court judgments awarded to A–3 and G–5 visa holders, including encouraging the sending states to provide compensation directly to victims: Provided further, That the Secretary shall include all trafficking cases involving A–3 or G–5 visa holders in the Trafficking in Persons annual report for which a final civil judgment has been issued (and the time period for final appeal has expired) or the Department of Justice has determined that the United States Government would seek to indict the diplomat or a family member but for diplomatic immunity.
Motor Vehicle Pollution Control
Not later than 90 days after enactment of this Act, the Secretary of State, Secretary of the Treasury, Administrator of the United States Agency for International Development, and the heads of the Broadcasting Board of Governors, Millennium Challenge Corporation, Peace Corps, Inter-American Foundation, African Development Foundation, Export-Import Bank of the United States, Overseas Private Investment Corporation, and Trade and Development Agency, shall report, in writing, to the Committees on Appropriations that they have instituted a policy to eliminate unnecessary idling of motor vehicles owned or leased by the Federal Government: Provided, That such policy may include exceptions to accommodate important security, health, or safety concerns, and if necessary to perform a job function, ensure safe operating conditions, or to operate a motor vehicle in accordance with manufacturer specifications.
Modification of amendment
Section 620J of the Foreign Assistance Act of 1961 (Limitation on Assistance to Security Forces) is amended as follows:
by redesignating the section as section 620M;
in subsection (a), by striking
evidence
and inserting information
and by
striking “gross violations” and inserting “a gross violation”; and
by adding the following subsection:
Credible information
Not later than 180 days after the enactment of this section, the Secretary shall—
develop procedures to ensure that information about gross violations of human rights by units of the security forces of a foreign country is gathered and received (including from United States Government sources and from individuals and organizations outside the United States Government), preserved, investigated, and evaluated;
develop procedures to positively identify the unit involved when credible information of a gross violation exists but the identity of the unit is lacking; and
describe the procedures in a report to the Committees on Appropriations, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
Repeal
Sections 494, 495, and 495B through 495K of the Foreign Assistance Act of 1961, and section 1511 of the Foreign Affairs Agencies Consolidation Act of 1998 (Public Law 105–277), are hereby repealed.
Democracy and human rights
Section 2143 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 is amended in the opening
paragraph by striking should increase
and inserting shall
establish
.
Any assignment of an individual to a political officer position at a United States mission abroad that has primary responsibility for monitoring and reporting on human rights in a foreign country shall be made upon the recommendation of the Assistant Secretary of State for Democracy, Human Rights, and Labor in consultation with the head of the Department of State's regional bureau having primary responsibility for that country.
Annuitant waiver
Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended—
in paragraph (1)(B), by striking to
facilitate the
and all that follows through
Afghanistan,
;
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2).
Section 61 of the of the
State Department Basic Authorities Act of
1956 (22 U.S.C. 2733) is amended in subsection (a)(2) by striking
2010
and inserting 2012
.
Section 625 of the
Foreign Assistance Act of 1961 (22
U.S.C. 2385) is amended in subsection (j)(1)(B) by striking 2010
and inserting 2012
.
Haitian-american enterprise fund
Of the funds appropriated under titles III through VI of this Act and in prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available for assistance for Haiti, up to $25,000,000 may be made available, including as an endowment, notwithstanding any other provision of law and following consultations with the Committees on Appropriations, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, to establish and operate a Haitian-American Enterprise Fund whose purpose is to improve Haiti's economy and encourage equitable development by strengthening the Haitian private sector, including small businesses and joint ventures with United States and Haitian participants and self-employed activities, through measures including loans, micro-loans, grants, equity investments, feasibility studies, technical assistance, training, insurance, and guarantees: Provided, That provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) and the provisions of subsection (f) of that section) shall be deemed to apply to any such Fund, and to funds made available to such Fund, in order to enable it to provide assistance for purposes of this section: Provided further, That not more than 5 percent of the funds made available pursuant to this section shall be available for administrative expenses of the Fund: Provided further, That section 7063 of this Act shall apply to any such Fund established pursuant to this subsection: Provided further, That the authority of the Fund to provide assistance shall cease to be effective on December 31, 2020.
Pakistani-american enterprise fund
Funds appropriated under titles III through VI of this Act and in prior Acts making appropriations for the Department of State, foreign operations, and related programs that are available for assistance for Pakistan, may be made available, including as an endowment, notwithstanding any other provision of law and following consultations with the Committees on Appropriations, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, to establish and operate a Pakistani-American Enterprise Fund whose purpose is to improve Pakistan's economy and encourage equitable development by strengthening Pakistan's private sector, including small and medium businesses and joint ventures with United States and Pakistan participants and self-employed activities, through measures including loans, micro-loans, grants, equity investments, feasibility studies, technical assistance, training, insurance, and guarantees: Provided, That provisions contained in section 201 of the Support for East European Democracy (SEED) Act of 1989 (excluding the authorizations of appropriations provided in subsection (b) and the provisions of subsection (f) of that section) shall be deemed to apply to any such Fund, and to funds made available to such Fund, in order to enable it to provide assistance for purposes of this section: Provided further, That not more than 5 percent of the funds made available pursuant to this section shall be available for administrative expenses of the Fund: Provided further, That section 7063 of this Act shall apply to any such Fund established pursuant to this subsection: Provided further, That the authority of the Fund to provide assistance shall cease to be effective on December 31, 2020.
Mid-career pilot program
Notwithstanding any other provision of law,
funds appropriated under the heading Diplomatic and Consular
Programs
shall be made available for a pilot program to recruit, hire,
and train mid-career professionals for the Foreign Service:
Provided, That the Secretary of
State shall consult with the Committees on Appropriations on the parameters of
such a pilot program.
Videoconference interviews
The Secretary of State shall develop and conduct a pilot program for the processing of tourist visas using secure remote videoconferencing technology as a method for conducting visa interviews of applicants, and shall work with other Federal agencies that use such secure communications to help ensure security of the videoconferencing transmission and encryption.
Not later than 90 days after the end of the pilot program the Secretary of State shall submit a report to the Committees on Appropriations detailing the results of such program including recommendations on whether it should be continued, broadened, or modified.
Clarification
For the purposes of this Act, the Secretary of State shall be responsible for the overall implementation of United States foreign policy, and the Administrator of the United States Agency for International Development shall be responsible, in coordination with the Secretary of State, for the design and implementation of development and humanitarian programs in support of such policy.
Section 1523(d) of the Foreign Affairs
Agencies Consolidation Act of 1998 (Public Law 105–277) is amended by striking
nonreimbusable
and inserting reimbursable
.
Extension of authority
The Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101–167) is amended—
In section 599D (8 U.S.C. 1157 note)—
in subsection (b)(3), by striking
and 2010
and inserting 2010, and 2011
; and
in subsection (e), by striking
2010
each place it appears and inserting 2011
;
and
in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking 2010
and inserting
2011
.
Iran sanctions
The declaration of policy in section 3 of the Iran Sanctions Act of 1996 (Public Law 104–172) is incorporated herein.
None of the funds appropriated or otherwise
made available in title VI of this Act under the heading Export-Import
Bank of the United States
may be used by the Export-Import Bank of the
United States to provide any new financing (including loans, guarantees, other
credits, insurance, and reinsurance) to any person that is subject to sanctions
under paragraph (2) or (3) of section 5(a) of the Iran Sanctions Act of 1996
(Public Law 104–172).
Aircraft transfer and coordination
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.
Property disposal
The authority provided in subsection (a) shall apply only after a determination by the Secretary of State to the Committees on Appropriations that the equipment is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
Aircraft coordination
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 nonreimbursable basis, Federal and non-Federal personnel supporting the Department of State and USAID programs and activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable basis, or without reimbursement when traveling on a space available basis.
The requirement and authorities of this subsection shall only apply to aircraft, the primary purpose of which is the transportation of personnel.
Air fleets
Not later than September 30, 2011, the Secretary of State, in consultation with the USAID Administrator, shall submit a report to the Committees on Appropriations detailing the total inventory of aircraft procured, leased, or contracted by the Department of State and USAID, the contractors operating such aircraft, and the annual costs of such contracts.
Western hemisphere
Trade capacity
Of the funds appropriated by this Act, not less than $10,000,000 under the heading “Development Assistance” and not less than $10,000,000 under the heading “Economic Support Fund” shall be made available for labor and environmental capacity building activities relating to free trade agreements with countries of Central America, Peru and the Dominican Republic.
Assistance for Haiti
The Government of Haiti shall be eligible to purchase defense articles and services under the Arms Export Control Act (22 U.S.C. 2751 et seq.), for the Coast Guard.
The terms and conditions of section 1007 (a), (b), (c), (d) and (e) of H.R. 4899, as agreed to in the Senate on May 27, 2010, shall apply to assistance for Haiti appropriated by this Act.
None of the funds made available by this
Act under the heading International Narcotics Control and Law
Enforcement
may be used to transfer excess weapons or ammunition of an
agency of the United States Government to the Government of Haiti for use by
the Haitian National Police until the Secretary of State reports to the
Committees on Appropriations that any members of the Haitian National Police
who have been credibly alleged to have committed violations of internationally
recognized human rights or other serious crimes, have been suspended.
Caribbean basin security initiative
Of the funds appropriated by this Act, not more than $75,000,000 shall be made available for the Caribbean Basin Security Initiative (CBSI), of which not more than $20,000,000 shall be funds appropriated under the heading “Foreign Military Financing Program” to support military reform and air and maritime operations: Provided, That a priority of the CBSI should be to build the capacity and professionalism of civilian police and judicial institutions.
Spending plan
The Secretary of State shall submit to the Committees on Appropriations not later than 45 days after enactment of this Act, and prior to the initial obligation of funds under the CBSI, a detailed spending plan for each country which shall include clear and achievable goals and objectives, indicators and benchmarks for measuring progress, and expected results.
Assistance for Guatemala
Of the funds appropriated in this Act under
the heading International Narcotics Control and Law Enforcement
not less than $3,000,000 shall be made available
for a United States contribution to the International Commission Against
Impunity in Guatemala.
None of the funds appropriated under the
headings International Military Education and Training
and
Foreign Military Financing Program
may be made available for
assistance for the Guatemalan Army, except that such funds may be made
available for the Army Corps of Engineers only to improve disaster response
capabilities and to participate in international peacekeeping
operations.
Assistance for Mexico
The provisions of paragraphs (1) through (4) of section 1046(b) of Public Law 110–252 shall apply to funds appropriated or otherwise made available by this Act for assistance for Mexico, and the report required in that section shall be based on a determination by the Secretary of State, in writing, of compliance with each of the requirements in those paragraphs.
Assistance for the countries of central america
The provisions of paragraphs (1) through (4) of section 7045(f) 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 or otherwise made available by this Act for assistance for the countries of Central America.
Aircraft operations and maintenance
To the maximum extent practicable, the costs of operations and maintenance, including fuel, of aircraft funded by this Act should be borne by the recipient country.
Colombia
Assistance
Funds appropriated by this Act and made
available to the Department of State for counter-narcotics or other law
enforcement assistance for the Government of Colombia may be used to support a
unified campaign against narcotics trafficking and organizations designated as
Foreign Terrorist Organizations and successor organizations, and to take
actions to protect human health and welfare in emergency circumstances,
including undertaking rescue operations:
Provided, That no United States
Armed Forces personnel or United States civilian contractor employed by the
United States will participate in any combat operation in connection with
assistance made available by this Act for Colombia:
Provided further,
That rotary and fixed-wing aircraft supported with funds appropriated under the
heading International Narcotics Control and Law Enforcement
for
assistance for Colombia may be used for aerial or manual drug eradication and
interdiction, including to transport personnel and supplies and to provide
security for such operations, if the Secretary of State determines that
voluntary eradication, combined with alternative development programs,
including access to land, markets and social services, is not feasible in such
areas:
Provided further,
That such aircraft may also be used to provide transport in support of
alternative development programs and investigations by civilian judicial
authorities:
Provided further,
That the President shall ensure that if any helicopter procured with funds in
this Act or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, is used to aid or abet the operations
of any illegal self-defense group, paramilitary organization, illegal security
cooperative or successor organizations in Colombia, such helicopter shall be
immediately returned to the United States:
Provided further,
That none of the funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign operations, and
related programs may be made available for assistance for the Colombian
Departamento Administrativo de Seguridad or successor organizations:
Provided further,
That the terms and conditions of the third paragraph of section 7046(a) of
division F of Public Law 111–117, except for the third proviso, shall apply to
assistance for Colombia appropriated in this Act:
Provided further,
That none of the funds appropriated by this Act shall be made available for the
cultivation or processing of African palm oil.
Applicability of fiscal year 2010 provisions
In general
Except as provided in paragraph (2), the provisions of subsections (b) through (f) of section 7046 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2009 (division H of Public Law 111–8), as amended by section 7046 (b)(2)(A) of division F of Public Law 111–117, shall apply to funds appropriated or otherwise made available by this Act for assistance for Colombia.
Exceptions
The following provisions of section 7046 of division H of Public Law 111–8 shall apply to funds appropriated or otherwise made available by this Act for assistance for Colombia as follows:
Subsection (b)(1)(B) is amended as follows:
By striking clause (i) and inserting the following:
The Colombian Armed Forces are suspending those members, of whatever rank, who have been credibly alleged to have violated internationally recognized human rights, or to have aided, abetted or benefitted from paramilitary organizations or successor armed groups; all such cases are promptly referred to civilian jurisdiction for investigation and prosecution, and the Colombian Armed Forces are no longer opposing civilian judicial jurisdiction in such cases; and the Colombian Armed Forces are cooperating fully with civilian prosecutors and judicial authorities.
.
By striking clause (iv) and inserting the following:
The Government of Colombia is respecting the rights of human rights defenders, journalists, trade unionists, and other social activists, and the rights and territory of indigenous and Afro-Colombian communities; and the Colombian Armed Forces are implementing procedures to distinguish between civilians, including displaced persons, and combatants, in their operations.
.
Subsection (b)(2) shall be applied by
substituting July 31, 2011
for the date contained
therein;
Subsection (c) shall be applied by
substituting September 30, 2011
for the date contained therein;
and
Subsection (d)(1) shall be applied—
by substituting 17,000,000
for the dollar amount contained therein; and
by substituting fiscal year
2011
for the fiscal year contained therein.
NEAR EAST
Iraq
Funds appropriated or otherwise made
available by this Act for assistance for Iraq shall be made available in a
manner that utilizes Iraqi entities to the maximum extent practicable, and in
accordance with the Department of State’s April 9, 2009 Guidelines for
Government of Iraq Financial Participation in United States Government-Funded
Civilian Foreign Assistance Programs and Projects
.
None of such funds may be used by the Government of the United States to enter into a permanent basing rights agreement between the United States and Iraq.
Funds appropriated or otherwise made available by this Act for security-related programs in Iraq may only be made available if the Secretary of State certifies to the Committees on Appropriations that the Government of Iraq has committed to contributing to, and sustaining, such programs, including details on the manner in which such contributions and sustainment will be achieved.
The uses of aircraft in Iraq purchased or leased with funds appropriated by this Act shall be coordinated under the authority of the United States Chief of Mission in Iraq.
Of the funds appropriated by this Act for
assistance for Iraq under the heading Economic Support Fund
, not
less than $10,000,000 shall be made available
for programs and activities for which policy justifications and decisions shall
be the responsibility of the United States Chief of Mission in Iraq.
Not later than 45 days after enactment of this Act, and prior to the initial obligation of funds, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations a spending plan for funds appropriated or otherwise made available by this Act for assistance for Iraq, which shall include clear and achievable goals and objectives, indicators and benchmarks for measuring progress, and expected results.
Lebanon
Funds appropriated under the heading
Foreign Military Financing Program
in this Act for assistance
for Lebanon shall be made available only to professionalize the Lebanese Armed
Forces and to strengthen border security and combat terrorism, including
training and equipping the Lebanese Armed Forces to secure Lebanon’s borders,
interdicting arms shipments, preventing the use of Lebanon as a safe haven for
terrorist groups, and implementing United Nations Security Council Resolution
1701:
Provided, That funds may not be
made available for obligation until the Secretary of State provides the
Committees on Appropriations a detailed spending plan.
Middle east peace
Funds appropriated by this Act should be made available in a manner to further peace in the Middle East between Israelis and Palestinians.
Tunisia
Of the funds appropriated under the heading
Foreign Military Financing Program
in this Act that are
available for assistance for Tunisia, $1,000,000
shall be withheld from obligation unless the Secretary of State certifies to
the Committees on Appropriations that the Government of Tunisia is making
significant efforts to respect due process and the rights of its citizens to
peaceful expression and association, and to provide access for its citizens to
the Internet.
West bank and gaza
The terms and conditions of sections 7034(b) and 7035 through 7040 of Public Law 111–117 shall apply to funds appropriated in this Act.
Africa
International military education and training
Funds appropriated under the heading
International Military Education and Training
in this Act that
are made available for assistance for Angola, Cameroon, Central African
Republic, Chad, Côte d’Ivoire, Guinea and Zimbabwe may be made available only
for expanded international military education and training and for training
related to international peacekeeping operations.
None of the funds appropriated under the
heading International Military Education and Training
in this
Act may be made available for assistance for Equatorial Guinea or
Somalia.
Ethiopia
None of the funds appropriated by this Act
under the heading Foreign Military Financing Program
that are
available for assistance for Ethiopia may be made available unless the
Secretary of State—
certifies to the Committees on Appropriations that the Government of Ethiopia is making significant efforts to respect due process and the rights of its citizens to peaceful expression and association; and
submits a report to such Committees on the types and amounts of United States training and equipment proposed to be provided to the Ethiopian military including steps that will be taken to ensure that such assistance is not provided to military units or personnel that have violated internationally recognized human rights.
The restriction in paragraph (1) shall not apply to assistance to support the deployment of members of the Ethiopian military in international peacekeeping operations.
Conflict minerals
None of the funds appropriated by this Act
under the heading Foreign Military Financing Program
may be made
available for assistance for Rwanda or Uganda if the Secretary of State has
credible evidence that the Government of Rwanda or the Government of Uganda is
providing political, military or financial support to armed groups in the
Democratic Republic of the Congo (DRC) that are involved in the illegal
exportation of minerals out of the DRC or have committed violations of
internationally recognized human rights, including rape.
The restriction in paragraph (1) shall not apply to assistance to improve border controls to prevent the illegal exportation of minerals out of the DRC by such groups, to protect relief efforts, or to support the training and deployment of members of the Rwandan or Ugandan militaries in international peacekeeping operations.
Sudan limitation on assistance
Subject to paragraph (2):
Notwithstanding any other provision of law, none of the funds appropriated by this Act may be made available for assistance for the Government of Sudan.
None of the funds appropriated by this Act may be made available for the cost, as defined in section 502, of the Congressional Budget Act of 1974, of modifying loans and loan guarantees held by the Government of Sudan, including the cost of selling, reducing, or canceling amounts owed to the United States, and modifying concessional loans, guarantees, and credit agreements.
Paragraph (1) shall not apply if the Secretary of State determines and certifies to the Committees on Appropriations that:
The Government of Sudan honors its pledges to cease attacks upon civilians and disarms and demobilizes the Janjaweed and other government-supported militias;
The Government of Sudan and all government-supported militia groups are honoring their commitments made in all previous cease-fire agreements; and
The Government of Sudan is allowing unimpeded access to Darfur to humanitarian aid organizations, the human rights investigation and humanitarian teams of the United Nations, including protection officers, and an international monitoring team that is based in Darfur and has the support of the United States.
The provisions of paragraph (1) shall not apply to—
humanitarian assistance;
assistance for the Darfur region, Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, and Abyei; and
assistance to support implementation of the Comprehensive Peace Agreement and the Darfur Peace Agreement or any other internationally recognized viable peace agreement in Sudan.
For the purposes of this Act, the term Government of Sudan shall not include the Government of Southern Sudan.
Notwithstanding any other provision of law, assistance in this Act may be made available to the Government of Southern Sudan to provide nonlethal military assistance, military education and training, and defense services controlled under the International Traffic in Arms Regulations (22 CFR 120.1 et seq.) if the Secretary of State—
determines that the provision of such items is in the national interest of the United States; and
not later than 15 days before the provision of any such assistance, notifies the Committees on Appropriations of such determination.
Southern Sudan
The Secretary of State shall request regular audits of the financial accounts of the Government of Southern Sudan to ensure transparency and accountability of funds, including revenues from the extraction of oil and gas, and the public disclosure of such audits in a timely manner: Provided, That in determining amounts and types of United States assistance to make available to the Government of Southern Sudan, the Secretary shall consider the extent to which such government is ensuring transparency and accountability of funds: Provided further, That the Secretary shall, as appropriate, assist the Government of Southern Sudan in conducting such audits, and shall submit a report not later than 90 days after enactment of this Act to the Committees on Appropriations detailing the steps that will be taken by the Government of Southern Sudan, which are additional to those which were taken in the previous fiscal year, to improve natural resource management and ensure transparency and accountability of funds.
The gambia
Of the funds appropriated under the
headings International Narcotics Control and Law Enforcement
and
International Military Education and Training
that are available
for assistance for The Gambia, not more than
$120,000 may be made available unless the
Secretary of State certifies to the Committees on Appropriations that the
Government of The Gambia is making significant efforts to release and account
for political prisoners, including Ebrimah Manneh.
The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions to vote against any loan, agreement, or other financial support for The Gambia, except to meet basic human needs, unless the Secretary of State makes the certification required in paragraph (1).
War crimes in africa
The Congress reaffirms its support for the efforts of the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) to bring to justice individuals responsible for war crimes and crimes against humanity in a timely manner.
Funds appropriated by this Act, including funds for debt restructuring, may be made available for assistance for the central government of a country in which individuals indicted by ICTR and SCSL are credibly alleged to be living, if the Secretary of State determines and reports to the Committees on Appropriations that such government is cooperating with ICTR and SCSL: Provided, That the United States shall use its voice and vote in the United Nations Security Council to fully support efforts by ICTR and SCSL to bring to justice individuals indicted by such tribunals in a timely manner.
The prohibition in paragraph (2) may be waived on a country-by-country basis if the President determines that doing so is in the national security interest of the United States.
Zimbabwe
The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to vote against any extension by the respective institution of any loans to the Government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and reports in writing to the Committees on Appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech and association.
None of the funds appropriated by this Act shall be made available for assistance for the Central Government of Zimbabwe, except for health, education, and macroeconomic growth assistance, unless the Secretary of State makes the determination pursuant to paragraph (1).
Asia
Tibet
The Secretary of the Treasury should instruct the United States Executive Director of each international financial institution to use the voice and vote of the United States to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring.
Notwithstanding any other provision of law,
not less than $7,500,000 of the funds
appropriated by this Act under the heading Economic Support Fund
should be made available to nongovernmental organizations to support activities
which preserve cultural traditions and promote sustainable development and
environmental conservation in Tibetan communities in the Tibetan Autonomous
Region and in other Tibetan communities in China.
Burma
The Secretary of the Treasury shall instruct the United States Executive Director of each international financial institution to oppose and vote against the extension by such institution of any loan or financial or technical assistance or any other utilization of funds of the respective bank to and for Burma.
Funds appropriated by this Act may be made
available for assistance for Burma notwithstanding any other provision of law,
except no such funds shall be made available to the State Peace and Development
Council, or its successor, and its affiliated organizations:
Provided, That such funds shall
be made available to support programs in Burma, along Burma’s borders, and for
Burmese groups and organizations located outside Burma:
Provided further,
That not less than $5,000,000 shall be made
available for community-based organizations operating in Thailand to provide
food, medical, and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for Burmese refugees
appropriated under the heading Migration and Refugee Assistance
in this Act:
Provided further,
That any new program or activity initiated with funds made available by this
Act shall be subject to prior consultation with the Committees on
Appropriations, and all such funds shall be subject to the regular notification
procedures of the Committees on Appropriations.
Cambodia
Funds made available in this Act for a United States contribution to a Khmer Rouge tribunal may only be made available if the Secretary of State certifies to the Committees on Appropriations that the United Nations and the Government of Cambodia are taking effective steps to address allegations of corruption and mismanagement within the tribunal.
None of the funds appropriated under the
heading Peacekeeping Operations
in this Act or in prior Acts
making appropriations for the Department of State, foreign operations, and
related programs may be made available to support multinational peacekeeping
exercises in Cambodia unless the Secretary of State certifies to the Committees
on Appropriations that the Government of Cambodia has provided credible
information on the whereabouts and welfare of the 20 Uighur nationals deported
to the People’s Republic of China in December 2009.
Indonesia
Of the funds appropriated by this Act under
the heading Foreign Military Financing Program
that are
available for assistance for Indonesia,
$2,000,000 may not be obligated until the
Secretary of State submits to the Committees on Appropriations the report on
Indonesia detailed under such heading in the report accompanying this
Act.
North korea
Funds appropriated under the heading
Migration and Refugee Assistance
in this Act should be made
available for assistance for refugees from North Korea.
Of the funds made available under the
heading International Broadcasting Operations
in title I of this
Act, up to $8,000,000 should be made available
for broadcasts into North Korea.
Of the funds appropriated by this Act under
the heading Economic Support Fund
,
$3,500,000 shall be made available for
democracy, human rights, and governance programs for North Korea.
Funds made available by this Act under the
heading Economic Support Fund
for assistance for countries in
the North Asia region may be made available for programs and activities
pursuant to section 4 of Public Law 108–333, as amended, and subject to the
regular notification procedures of the Committees on Appropriations:
Provided, That for the purposes
of this subsection, such programs and activities shall be considered democracy
promotion.
People's republic of china
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.
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.
Notwithstanding any other provision of law
and subject to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations, of the funds appropriated by this Act
under the heading Development Assistance
, not less than
$25,000,000 shall be made available for
development cooperation activities and to United States educational
institutions and nongovernmental organizations for programs and activities in
the People's Republic of China relating to the environment, governance, and the
rule of law.
Philippines
Of the funds appropriated by this Act under
the heading Foreign Military Financing Program
that are
available for assistance for the Philippines,
$3,000,000 may not be obligated until the
Secretary of State submits to the Committees on Appropriations the report on
the Philippines detailed under such heading in the report accompanying this
Act.
Timor-Leste
Of the funds appropriated by this Act under
the heading Economic Support Fund
, not less than
$1,000,000, in addition to funds otherwise made
available for such purposes, shall be made available for democracy programs and
activities in Timor-Leste, and not less than
$2,000,000 shall be made available for higher
education scholarships.
Vietnam
Funds appropriated by this Act that are made available for assistance for Vietnam for remediation of dioxin contaminated sites and related health activities may be made available for assistance for the Government of Vietnam, including the military, for such purposes.
Serbia
Funds appropriated by this Act may be made available for assistance for the central Government of Serbia after May 31, 2011, if the Secretary of State has submitted the report required in subsection (c).
After May 31, 2011, the Secretary of the Treasury should instruct the United States Executive Directors of the international financial institutions to support loans and assistance to the Government of Serbia subject to the condition in subsection (c).
The report referred to in subsection (a) is a report by the Secretary of State to the Committees on Appropriations that the Government of Serbia has apprehended Ratko Mladic and Goran Hadzic and transferred them to the International Criminal Tribunal for the former Yugoslavia.
This section shall not apply to humanitarian assistance or assistance to promote democracy.
Independent states of the former soviet union
None of the funds appropriated under the heading “Assistance for Europe, Eurasia and Central Asia” may be made available for assistance for a government of an Independent State of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union, such as those violations included in the Helsinki Final Act, unless the Secretary of State determines that to do so is in the national security interests of the United States.
Of the funds appropriated under the heading
Assistance for Europe, Eurasia and Central Asia
that are
available for assistance for the Government of the Russian Federation, 60
percent shall be withheld from obligation until the Secretary of State
certifies to the Committees on Appropriations that the Government of the
Russian Federation—
has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and
is providing full access to international non-government organizations providing humanitarian relief to refugees and internally displaced persons in the North Caucasus.
Paragraph (1) shall not apply to—
assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; and
activities authorized under title V (Nonproliferation and Disarmament Programs and Activities) of the FREEDOM Support Act.
Section 907 of the FREEDOM Support Act shall not apply to—
activities to support democracy or assistance under title V of the FREEDOM Support Act and section 1424 of Public Law 104–201 or nonproliferation assistance;
any assistance provided by the Trade and Development Agency under section 661 of the Foreign Assistance Act of 1961 (22 U.S.C. 2421);
any activity carried out by a member of the United States and Foreign Commercial Service while acting within his or her official capacity;
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.);
any financing provided under the Export-Import Bank Act of 1945; or
humanitarian assistance.
Central asia
The terms and conditions of section 7075 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall apply to funds appropriated by this Act: Provided, 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.
South Asia
Afghanistan
Funds appropriated or otherwise made
available by this Act for assistance for Afghanistan shall be made available in
accordance with the terms and conditions of section 1004 (a), (b), (d), and (e)
of H.R. 4899, as agreed to by the Senate on May 27, 2010, and the ninth through
twelfth provisos under the heading Economic Support Fund
in
Public Law 111–117.
None of the funds appropriated or otherwise made available by this Act may be made available—
for budget support for the Government of Afghanistan unless the Secretary of State certifies to the Committees on Appropriations that such Government is taking credible steps to combat corruption, including arresting and prosecuting individuals alleged to be involved in corrupt practices; or
to enter into a permanent basing rights agreement between the United States and Afghanistan.
The Coordinator for Rule of Law at the United States Embassy in Kabul, Afghanistan shall be consulted on the use of all funds appropriated under this heading for rule of law programs in Afghanistan.
Not later than 45 days after enactment of this Act, and prior to the initial obligation of funds, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations a spending plan for funds appropriated or otherwise made available by this Act for assistance for Afghanistan, which shall include clear and achievable goals and objectives, indicators and benchmarks for measuring progress, and expected results.
Nepal
Funds appropriated by this Act under the
headings Foreign Military Financing Program
and
Peacekeeping Operations
may be made available for assistance for
Nepal only if the Secretary of State certifies to the Committees on
Appropriations that the Nepal Army is—
cooperating fully with investigations and prosecutions by civilian judicial authorities of violations of internationally recognized human rights, including the 2004 murder of Maina Sunuwar; and
working constructively to redefine the Nepal Army's mission and adjust its size accordingly, implement reforms including strengthening the capacity of the civilian ministry of defense to improve budget transparency and accountability, and facilitate the integration of former rebel combatants into the security forces including the Nepal Army, consistent with the goals of reconciliation, peace and stability.
The conditions in paragraph (1) shall not apply to assistance for humanitarian relief and reconstruction activities in Nepal.
Pakistan
Funds appropriated or otherwise made
available by this Act for assistance for Pakistan shall be made available in
accordance with section 1005(a), (b)(1) and (c) of H.R. 4899, as agreed to by
the Senate on May 27, 2010, and the ninth through the twelfth provisos under
the heading Economic Support Fund
in Public Law 111–117.
Not later than 45 days after enactment of this Act, and prior to the initial obligation of funds, the Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations a spending plan for funds appropriated or otherwise made available by this Act for assistance for Pakistan, which shall include clear and achievable goals, benchmarks for measuring progress, and expected results.
Sri lanka
Funds appropriated in title III of this Act that are available for assistance for Sri Lanka shall be made available for programs that promote reconciliation between ethnic Sinhalese and Tamil populations, support post-conflict reconstruction, and advance the participation of Tamils and other minorities in the political and economic life of the country, and shall be subject to the regular notification procedures of the Committees on Appropriations.
None of the funds appropriated by this Act
under the heading Foreign Military Financing Program
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
Sir 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—
investigating alleged violations of internationally recognized human rights and international humanitarian law by government forces and the Liberation Tigers of Tamil Eelam, including the assassination of Lasantha Wickrematunge;
bringing to justice individuals who have been credibly alleged to have committed such violations;
supporting and cooperating with any United Nations advisory panel or investigation of alleged violations of international humanitarian law;
respecting due process and the rights of its citizens to peaceful expression and association;
providing access to detainees and conflict-affected areas and populations by humanitarian organizations; and
implementing policies to promote reconciliation and justice including devolution of power as provided for in the Constitution of Sri Lanka.
Paragraph (2) shall not apply to assistance for humanitarian demining and aerial and maritime surveillance.
If the Secretary makes the certification
required in paragraph (2), funds appropriated under the heading Foreign
Military Financing Program
that are made available for assistance for
Sri Lanka should be used to support the recruitment and training of Tamils into
the Sri Lankan military, Tamil language training for Sinhalese military
personnel, and human rights training for all military personnel.
The Secretary of the Treasury shall instruct the United States Executive Directors of the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)) to vote against any loan, agreement, or other financial support for Sri Lanka except to meet basic human needs, unless the Secretary of State certifies to the Committees on Appropriations that the Government of Sri Lanka is meeting the requirements in paragraph (2)(E) and (F).
Community-based police assistance
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.
Notification
Assistance provided under subsection (a) shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
Prohibition of payments to united nations members
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.
Peacekeeping
Missions
None of the funds appropriated or otherwise made available by title I of this Act may be used for any United Nations peacekeeping mission that will involve United States Armed Forces under the command or operational control of a foreign national, unless the President's military advisors have submitted to the President a recommendation that such involvement is in the national interests of the United States and the President has submitted to the Congress such a recommendation.
Assessment
Section 404(b)(2)(B)(vi) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 287e note) is amended to read as follows:
For assessments made during calendar year 2010 and 2011, 27.3 percent.
.
Attendance at international conferences
None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of agencies or departments of the United States Government who are stationed in the United States, at any single international conference occurring outside the United States, unless the Secretary of State reports to the Committees on Appropriations that such attendance is in the national interest: Provided, That for purposes of this section the term international conference shall mean a conference attended by representatives of the United States Government and of foreign governments, international organizations, or nongovernmental organizations.
Restrictions on united nations delegations
None of the funds made available under title I of this Act may be used to pay expenses for any United States delegation to any specialized agency, body, or commission of the United Nations if such commission is chaired or presided over by a country, the government of which the Secretary of State has determined, for purposes of section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)), supports international terrorism.
Parking fines and real property taxes owed by foreign governments
Subject to subsection (c), of the funds appropriated under titles III through VI of this Act that are made available for assistance for a foreign country, an amount equal to 110 percent of the total amount of the unpaid fully adjudicated parking fines and penalties and unpaid property taxes owed by the central government of such country shall be withheld from obligation for assistance for the central government of such country until the Secretary of State submits a certification to the Committees on Appropriations stating that such parking fines and penalties and unpaid property taxes are fully paid.
Funds withheld from obligation pursuant to subsection (a) may be made available for other programs or activities funded by this Act, after consultation with and subject to the regular notification procedures of the Committees on Appropriations, provided that no such funds shall be made available for assistance for the central government of a foreign country that has not paid the total amount of the fully adjudicated parking fines and penalties and unpaid property taxes owed by such country.
Subsection (a) shall not include amounts that have been withheld under any other provision of law.
The Secretary of State may waive the requirements set forth in subsection (a) with respect to parking fines and penalties no sooner than 60 days from the date of enactment of this Act, or at any time with respect to a particular country, if the Secretary determines that it is in the national interests of the United States to do so.
The Secretary of State may waive the requirements set forth in subsection (a) with respect to the unpaid property taxes if the Secretary of State determines that it is in the national interests of the United States to do so.
Not later than 6 months after the initial exercise of the waiver authority in subsection (d), the Secretary of State, after consultations with the City of New York, shall submit a report to the Committees on Appropriations describing a strategy, including a timetable and steps currently being taken, to collect the parking fines and penalties and unpaid property taxes and interest owed by nations receiving foreign assistance under this Act.
In this section:
The term fully adjudicated includes circumstances in which the person to whom the vehicle is registered—
has not responded to the parking violation summons; or
has not followed the appropriate adjudication procedure to challenge the summons; and
the period of time for payment of or challenge to the summons has lapsed.
The term parking fines and penalties means parking fines and penalties—
owed to—
the District of Columbia; or
New York, New York; and
incurred during the period April 1, 1997, through September 30, 2010.
The term unpaid property taxes means the amount of unpaid taxes and interest determined to be owed by a foreign country on real property in the District of Columbia or New York, New York in a court order or judgment entered against such country by a court of the United States or any State or subdivision thereof.
Landmines and cluster munitions
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 President may prescribe.
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—
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.
Prohibition on publicity or propaganda
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
Of the funds appropriated or made available pursuant to title II of this Act, not to exceed $100,500 shall be for official residence expenses of the United States Agency for International Development during the current fiscal year: Provided, That appropriate steps shall be taken to assure that, to the maximum extent possible, United States-owned foreign currencies are utilized in lieu of dollars.
United states agency for international development management
(including transfer of funds)
Authority
Up to
$93,000,000 of the funds made available in title
III of this Act to carry out the provisions of part I of the
Foreign Assistance Act of 1961,
including funds appropriated under the heading Assistance for Europe,
Eurasia and Central Asia
, may be used by the United States Agency for
International Development (USAID) to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act
of 1980.
Restrictions
The number of individuals hired in any fiscal year pursuant to the authority contained in subsection (a) may not exceed 175.
The authority to hire individuals contained in subsection (a) shall expire on September 30, 2012.
Conditions
The authority of subsection (a) may only be
used to the extent that an equivalent number of positions that are filled by
personal services contractors or other nondirect hire employees of USAID, who
are compensated with funds appropriated to carry out part I of the
Foreign Assistance Act of 1961,
including funds appropriated under the heading Assistance for Europe,
Eurasia and Central Asia
, are eliminated.
Priority sectors
In exercising the authority of this section, primary emphasis shall be placed on enabling USAID to meet personnel positions in technical skill areas currently encumbered by contractor or other nondirect hire personnel.
Consultations
The USAID Administrator shall consult with the Committees on Appropriations on a quarterly basis concerning the implementation of this section.
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
.
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.
Junior officer placement authority
Of the funds made
available in subsection (a), USAID may use, in addition to funds otherwise
available for such purposes, up to $15,000,000
to fund overseas support costs of members of the Foreign Service with a Foreign
Service rank of four or below:
Provided, That such authority is
only used to reduce USAID's reliance on overseas personal services contractors
or other nondirect hire employees compensated with funds appropriated to carry
out part I of the Foreign Assistance Act of
1961, including funds appropriated under the heading
Assistance for Europe, Eurasia and Central Asia
.
Disaster surge capacity
Funds appropriated under title III of this
Act to carry out part I of the Foreign
Assistance Act of 1961, including funds appropriated under the
heading Assistance for Europe, Eurasia and Central Asia
, may be
used, in addition to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed by USAID
whose primary responsibility is to carry out programs in response to natural
disasters.
Technical advisors
Up to
$13,500,000 of the funds made available in title
III of this Act for assistance under the heading Global Health and Child
Survival
, may be used to reimburse United States Government agencies,
agencies of State governments, institutions of higher learning, and private and
voluntary organizations for the full cost of individuals (including for the
personal services of such individuals) detailed or assigned to, or contracted
by USAID for the purpose of carrying out activities under that heading:
Provided, That up to
$3,500,000 of the funds made available by this
Act for assistance under the heading Development Assistance
may
be used to reimburse such agencies, institutions, and organizations for such
costs of such individuals carrying out other development assistance
activities.
Personal services contractors
Funds appropriated by this Act to carry out chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign Assistance Act of 1961, and title II of the Agricultural Trade Development and Assistance Act of 1954, may be used by USAID to employ up to 40 personal services contractors in the United States, notwithstanding any other provision of law, for the purpose of providing direct, interim support for new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained: Provided, That not more than 10 of such contractors shall be assigned to any bureau or office: Provided further, That not more than 15 of such contractors shall be for activities related to USAID’s Afghanistan program: Provided further, That such funds appropriated to carry out title II of the Agricultural Trade Development and Assistance Act of 1954, may be made available only for personal services contractors assigned to the Office of Food for Peace.
Hiring authority
Notwithstanding section 307 of the Foreign Service Act of 1980, the USAID Administrator may hire up to 85 individuals under the Development Leadership Initiative: Provided, That the authority contained in this subsection shall expire on September 30, 2012.
Locally employed staff
Of the funds appropriated under title II of this Act, up to $1,000,000, in addition to funds otherwise made available for such purposes, may be made available for special compensation for overseas, locally employed staff.
Senior foreign service limited appointments
Individuals hired pursuant to the authority provided by section 7059(o) of division F of Public Law 111–117 may be assigned to or support programs in Iraq, Afghanistan, or Pakistan with funds made available in this Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs.
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT POLICY AND BUDGET
With respect to funds appropriated in this
Act under the first paragraph of the heading Global Health and Child
Survival
and under the headings Development Assistance
,
International Disaster Assistance
, Complex Crises
Fund
, Development Credit Authority
, and
Transition Initiatives
for programs, projects, and activities
administered by the United States Agency for International Development (USAID),
the responsibility for policy decisions for the use of such funds, including
which programs, projects, and activities will be funded and the amount of funds
that will be provided for each program, project, and activity, shall be the
responsibility of the USAID Administrator in consultation with the Director of
Foreign Assistance:
Provided, That nothing in this
section shall be deemed to alter the relationship between the USAID
Administrator and Secretary of State as established in section 1522 of Public
Law 105–277:
Provided further,
That nothing in this section shall change USAID's obligation to provide fiscal
data to the Director of Foreign Assistance in a manner consistent with current
practices.
SUSTAINABLE DEVELOPMENT STRATEGIES
Funds appropriated under the heading
Development Assistance
, and under the headings Economic
Support Fund
, Democracy Fund
, Assistance for
Europe, Eurasia and Central Asia
, and International Narcotics
Control and Law Enforcement
that are made available for assistance for
the objectives of Governing Justly and Democratically, Investing in People, and
Economic Growth, shall be made available to support sustainable development
strategies in countries that receive such assistance, and each country
strategy: (1) shall describe the participation and financial and/or in-kind
contributions of national and/or local governments, and civil society
organizations, as appropriate, in the design, implementation and oversight of
programs, projects and activities; (2) shall include clear and achievable
goals, benchmarks for measuring progress, and expected results; (3) shall
describe the types of mechanisms or entities to implement such strategy; and
(4) shall include, as appropriate, programs, projects and activities to support
and promote: democratic institutions, civil society, budget transparency, human
rights and the rule of law; women’s and girls’ social, economic, and political
empowerment; basic education and higher education; safe water and sanitation;
agriculture and food security; market economies, cooperatives and credit
unions; microenterprise and microfinance; and the protection of forests and
other biodiversity, renewable energy and energy efficiency, and climate change
adaptation:
Provided, That the Administrator
of the United States Agency for International Development (USAID) and/or the
Secretary of State, as appropriate, shall submit a summary of each country
strategy to the Committees on Appropriations prior to the disbursement of funds
under this heading.
Global health activities
Funds appropriated under titles III and IV
of this Act that are made available for bilateral assistance for child survival
activities or disease programs including activities relating to research on,
and the prevention, treatment and control of, HIV/AIDS may be made available
notwithstanding any other provision of law except for the provisions under the
heading Global Health and Child Survival
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 funds appropriated
under title III of this Act that are made available for family
planning/reproductive health, should be made available where population growth
threatens biodiversity or adversely effects the capacity of inhabitants to
adapt to the impacts of climate change, including declines in agricultural
productivity and the availability of water.
Development grants program
Of the funds appropriated in title III of this Act, not less than $50,000,000 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), to support grants of not more than $2,000,000 to small nongovernmental organizations, and preference shall be given to unsolicited, innovative proposals: Provided, That funds made available under this section are in addition to other funds available for such purposes including funds designated by this Act by section 7065.
Women in development
Programs funded under title III of this Act shall include, where appropriate, gender considerations in the planning, assessment, implementation, monitoring and evaluation of such programs.
Funds made available under title III of this Act shall be made available to support programs to enhance economic opportunities for poor women in developing countries, including increasing the number and capacity of women-owned enterprises, improving property rights for women, increasing access to financial services, and improving women’s ability to participate in the global economy.
Funds made available under title III of this Act for food security and agricultural development shall take into consideration the unique needs of women, and technical assistance for women farmers should be a priority.
Gender-based violence
Funds appropriated under the headings
Development Assistance
, Economic Support Fund
,
and International Narcotics Control and Law Enforcement
in this
Act shall be made available for programs to address sexual and gender-based
violence.
Funds appropriated under the headings
International Disaster Assistance
and Migration and
Refugee Assistance
should be made available for gender-based violence
prevention and response efforts, and to strengthen the capacity nongovernmental
organizations to address such violence.
Programs and activities funded under titles III and IV of this Act to train foreign police, judicial, and military personnel, including for international peacekeeping operations, shall include, where appropriate, prevention and response to gender-based violence.
Reconciliation programs
Of the funds appropriated under title III
of this Act under the headings Economic Support Fund
and
‘Development Assistance
,
$25,500,000 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 $10,500,000 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 most effective uses of such funds.
Requests for documents
None of the funds appropriated or made available under 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.
Enterprise funds
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.
Funds made available under titles III through VI of this Act for Enterprise Funds shall be expended at the minimum rate necessary to make timely payment for projects and activities and shall be subject to the regular notification procedures of the Committees on Appropriations.
United nations population fund
Contribution
Of the funds made available under the
heading International Organizations and Programs
in this Act for
fiscal year 2011, $55,000,000 shall be made
available for the United Nations Population Fund (UNFPA).
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 and Child Survival
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.
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.
Conditions on availability of funds
Funds made available by this Act for UNFPA may not be made available unless—
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
UNFPA does not fund abortions.
Overseas private investment corporation
(including transfer of funds)
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.
Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of subsections (a) through (c) of section 234 of such Act shall remain in effect through September 30, 2011.
Extradition
None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided under the headings
International Narcotics Control and Law Enforcement
,
Migration and Refugee Assistance
, Emergency Migration and
Refugee Assistance
, and Nonproliferation, Anti-terrorism,
Demining and Related Assistance
) for the central government of a
country which has notified the Department of State of its refusal to extradite
to the United States any individual indicted for a criminal offense for which
the maximum penalty is life imprisonment without the possibility of parole or
for killing a law enforcement officer, as specified in a United States
extradition request.
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.
The Secretary of State may waive the restriction in subsection (a) on a case-by-case basis if the Secretary certifies to the Committees on Appropriations that such waiver is important to the national interests of the United States.
climate change and environment programs
In general
Of the funds appropriated by this Act, up to $1,450,500,000 may be made available for programs and activities to—
reduce, mitigate, and sequester greenhouse gases that contribute to global climate change;
support climate change adaptation; and
protect biodiversity, including tropical forests, and other critical landscapes.
Clean Energy programs
Funds appropriated by this Act under the
headings Development Assistance
, Economic Support
Fund
, and Assistance for Europe, Eurasia and Central
Asia
for clean energy programs and activities, may be made available
only to promote the sustainable use of renewable energy technologies and
end-use energy efficiency technologies, carbon sequestration, and carbon
accounting.
Adaptation programs
Funds appropriated by this Act shall be made available for United States contributions to the Least Developed Countries Fund and the Special Climate Change Fund to support adaptation programs and activities, if the Global Environment Facility makes publicly available on its Web site the criteria used to determine which programs and activities receive funds, the manner in which such programs and activities meet such criteria, the extent of local involvement in such programs and activities, the amount of funds provided, and the results achieved.
Sustainable landscapes and biodiversity
Of the funds appropriated under title III of this Act, not less than $150,000,000 shall be made available for sustainable landscapes programs to reduce emissions from deforestation and degradation (REDD); and not less than $215,200,000 shall be made available for programs and activities which directly protect forests and other biodiversity, in developing countries, of which not less than $35,000,000 shall be made available for the United States Agency for International Development's (USAID) conservation programs in the Amazon of which not less than $10,000,000 shall be for strengthening the capacity of indigenous organizations, and of which not less than $19,000,000 shall be made available for the Congo Basin Forest Partnership (CBFP) of which $9,000,000 shall be transferred to the United States Fish and Wildlife Service.
Funds appropriated under title III of this Act for the Amazon, CBFP, and other tropical forest and REDD programs administered by USAID shall be made available for grants or contracts in amounts not exceeding $2,000,000, and shall be used, particularly in countries demonstrating leadership and progress in implementing national strategies to protect tropical forests and sustainably manage natural resources, and in recognizing the rights of indigenous peoples and local communities, to: (1) ensure meaningful participation by, and respect for the rights of, indigenous peoples and local communities in forest management activities, and increase the amount of forest under their management; (2) substantially increase and effectively manage protected areas and contiguous buffer zones; (3) promote nontimber sources of revenue; (4) maintain native biodiversity; (5) increase land use and tenure security for indigenous peoples and local communities; (6) promote small- to medium-scale local enterprises that maintain or restore the ecological functions and carbon stocks of forests; (7) strengthen law enforcement, including the role of civil society in monitoring and oversight; and (8) support programs and activities related to implementation and enforcement of section 8204 of Public Law 110–246: Provided further, That none of the funds appropriated under title III of this Act may be made available to support industrial-scale logging operations that would result in deforestation, forest degradation, or a decrease in carbon stocks in natural tropical forests, or policies that promote such operations: Provided further, That funds appropriated by this Act to carry out the provisions of sections 103 through 106, and chapter 4 of part II, of the Foreign Assistance Act of 1961 may be used, notwithstanding any other provision of law except for the provisions of this section and subject to the regular notification procedures of the Committees on Appropriations, to support climate change and environment programs.
Consultation
Funds made available pursuant to this section are subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided, That prior to the obligation of funds appropriated by this Act for contributions to the Forest Carbon Partnership Facility and the Forest Investment Program, the Secretary of State and/or the Secretary of the Treasury, as appropriate, shall determine and report to the Committees on Appropriations that there have been meaningful consultations by the World Bank with interested civil society and indigenous organizations.
Extraction of natural resources
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 timber, oil and gas, cacao and other natural resources, including by strengthening implementation and monitoring of the Extractive Industries Transparency Initiative and the Kimberley Process Certification Scheme, and by providing technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management.
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 mechanisms and processes including the Forest Carbon Partnership Facility, the Forest Investment Program, and the United Nations Framework Convention on Climate Change, to oppose any policy, decision, loan, credit, grant, or guarantee—
for the extraction and export of natural resources unless the government of the country has in place functioning systems for—
accurately accounting for payments for companies involved in the extraction and export of natural resources;
the independent auditing of accounts receiving such payments and the public disclosure of the findings of such audits; and
verifying government receipts against company payments including public disclosure of such payment information, and of such documents as Host Government Agreements, Concession Agreements, and bidding documents, allowing in any such disclosure for the redaction of, or exceptions for, information that is commercially proprietary or that would create competitive disadvantage; and
to support industrial-scale logging operations that would result in deforestation, forest degradation, or a decrease in carbon stocks in natural tropical forests, or policies that promote such operations; and
request the World Bank to commission an independent evaluation of the impact of the Bank’s current forest policy on poverty alleviation, deforestation, and forest degradation at the local and national levels, and the expected carbon emissions that will result from the implementation of such policy, and post the findings on the Bank’s Web site not later than 1 year after enactment of this Act.
Not later than 180 days after the enactment of this Act, the Secretary of the Treasury shall submit a report to the Committees on Appropriations describing, for each international financial institution, the amount and type of assistance provided, by country, for the extraction and export of natural resources in the preceding 12 months, and whether each institution considered, in its proposal for such assistance, the extent to which the country has functioning systems described in paragraph (2)(A)(i).
Clean technology fund
Authorization of appropriations
For fiscal year 2011, up to $370,000,000 is authorized to be appropriated for a United States contribution to the Clean Technology Fund (the Fund).
Limits on country access
The Secretary of the Treasury shall use the voice and vote of the United States to ensure that—
the Fund does not provide more than 15 percent of Fund resources to any one country;
prior to the obligation of funds from the Fund to a recipient country, recipient countries shall submit to the governing body of the Fund, and the governing body of the Fund appropriately reviews and considers, an investment plan that will achieve significant net reductions in national-level greenhouse gas emissions;
the investment plan for a recipient
country, whose borrowing status is classified by the World Bank as
International Development Association blend
, shall have at least
15 percent of its total cost for public sector activities contributed from the
public funds of the recipient country, and any recipient country whose
borrowing status is classified by the World Bank as International Bank
for Reconstruction and Development Only
status, shall have at least 25
percent of its total cost for public sector activities contributed from public
funds of the recipient country; and
assistance made available by the Fund is used exclusively to support the deployment of clean energy technologies in developing countries (including, where appropriate, through the provision of technical support or support for policy or institutional reforms) in a manner that achieves substantial net reductions in greenhouse gas emissions.
Definitions
For purposes of this subsection—
net reductions
The term
net reductions
refers to the extent to which a project or
program supported under this subsection results in lower greenhouse gas
emissions than would be emitted by the same entity or sector in the same
country in the absence of the Fund's project, taking into account, unless
impracticable, effects beyond the physical boundaries of the project or program
that result from project or program activities.
public funds
The term public funds
may
include sovereign loans assumed by the recipient country to contribute to the
financing of the investment plan.
clean energy technology
The term clean energy
technology
means a technology that, as compared with technologies being
deployed at that time for widespread commercial use in the country
involved—
achieves substantial reductions in greenhouse gas emissions;
does not result in significant incremental adverse effects on public health or the environment; and
does one or more of the following:
generates electricity or useful thermal energy from a renewable resource;
substantially increases the energy efficiency of buildings, industrial, or agricultural processes, or of electricity transmission, distribution, or end-use consumption; or
substantially increases the energy efficiency of the transportation system or increases utilization of transportation fuels that have lifecycle greenhouse gas emissions that are substantially lower than those attributable to fossil fuel-based alternatives.
Commercial leasing of defense articles
The second sentence of section 23(a) of the
Arms Export Control Act, as amended, (Public Law 96–29) is further amended by
striking and Egypt
and inserting , Egypt, and NATO and
major non-NATO allies
.
Anti-kleptocracy
In furtherance of the National Strategy to Internationalize Efforts Against Kleptocracy and Presidential Proclamation 7750, the Secretary of State shall compile and maintain a list of officials of foreign governments and their immediate family members who the Secretary has credible evidence have been involved in corruption relating to the extraction of natural resources in their countries, and shall notify all relevant Federal departments and agencies of the placement of any individual on the list.
Any individual on the list compiled under subsection (a) shall be ineligible for admission to the United States for a period of 5 years.
At the end of each period of ineligibility under subsection (b), the Secretary of State shall undertake a review to determine if the individual should remain on the list for another period of 5 years, or whether changed circumstances justify removal of the individual from the list.
If the Secretary of State determines that another period of ineligibility is justified, the Secretary shall refer the case to the Department of Treasury for the purpose of determining whether or not sufficient evidence exists to freeze or seize the individual’s property within the jurisdiction of the United States.
The Secretary may waive the application of subsections (b) and (d) if the Secretary determines that admission to the United States is necessary to attend United Nations events or to further important United States law enforcement, foreign policy, or national security objectives.
Not later than 90 days after enactment of this Act and 180 days thereafter, the Secretary of State shall submit a report, in classified form if necessary, to the Committees on Appropriations describing the evidence of corruption concerning individuals listed pursuant to subsection (a), which shall include a list of any waivers provided under subsection (e), and the justification for each waiver.
INTERNATIONAL PRISON CONDITIONS
Not later than 180 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report, which shall also be made publicly available including on the Department of State’s Web site, describing the conditions in prisons and other detention facilities in countries receiving United States assistance where the Assistant Secretary of State for Democracy, Human Rights and Labor has determined, based on the Department of State's most recent Human Rights Report and any other relevant information, arbitrary detention and/or cruel, inhumane or degrading treatment of prisoners or detainees, or inhumane prison conditions, is common, and identifying those countries, if any, whose governments the Assistant Secretary determines are making significant efforts to eliminate inhumane conditions and those countries whose governments the Assistant Secretary determines are not making such efforts.
For purposes of each determination made pursuant to subsection (a), the Assistant Secretary shall consider whether:
the number of prisoners or detainees does not so exceed prison capacity such that per capita floor space is sufficient to allow for humane sleeping conditions and reasonable physical movement;
human waste facilities are sanitary and accessible, and human waste is disposed of regularly and in a sanitary manner;
the lighting, ventilation, temperature and physical construction of prisons and other detention facilities do not seriously endanger health and safety;
prisoners and other detainees have access to adequate food and safe drinking water;
prisoners and detainees have access to basic and emergency medical care;
to the maximum extent practicable, prisoners and detainees are allowed reasonable contact with visitors and permitted religious observance;
the government permits prisoners and detainees to submit complaints to judicial authorities without censorship, investigates credible allegations of inhumane conditions, and documents the results of such investigations in a manner that is publicly accessible;
the government is regularly monitoring the conditions of prisons and other detention facilities under its authority, including cooperating with international experts on eliminating inhumane conditions, and such information is available to the Secretary of State;
the government is appointing ombudsmen to serve on behalf of prisoners and detainees, providing alternatives to incarceration for nonviolent offenders to alleviate inhumane overcrowding, addressing the status and circumstances of confinement of juveniles, improving pre-trial detention practices, bail and record keeping procedures to reduce pre-trial detention periods and to ensure that prisoners do not serve beyond the maximum sentence for the charged offense; and
the government is increasing the amount of government resources to eliminate inhumane conditions.
Funds appropriated by this Act to carry out the provisions of chapters 1 and 11 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the Support for East European Democracy (SEED) Act of 1989, shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance to help eliminate inhumane conditions in prisons and other detention facilities administered by foreign governments that the Assistant Secretary of State determines are making significant efforts to eliminate such conditions.
The Secretary of State shall designate a Deputy Assistant Secretary of State in the Bureau of Democracy, Human Rights and Labor to have primary responsibility for diplomatic efforts related to international prison conditions.
Prevention of torture
Report
Not later than 90 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations a report identifying those countries whose police, military, or other security forces, as determined by the Assistant Secretary of State for Democracy, Human Rights and Labor based on the Department of State’s most recent Human Rights Report and other relevant information, use torture, and those countries, if any, whose governments the Assistant Secretary determines are making significant efforts to eliminate torture and those countries whose governments the Assistant Secretary determines are not making such efforts.
Assistance
Funds appropriated by this Act to carry out the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II of the Foreign Assistance Act of 1961, and the Support for East European Democracy (SEED) Act of 1989, shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961, for assistance to help eliminate torture by foreign police, military and other security forces in countries whose governments the Assistant Secretary of State determines are making significant efforts to eliminate torture.
Prohibitions
None of the funds appropriated by this Act shall be used in any way whatsoever to support or justify the use of torture, cruel or inhumane treatment by any official or contract employee of the United States Government.
None of the funds appropriated in this Act shall be made available for assistance for any unit of a foreign security force if the Secretary of State has credible information that such unit has used torture, unless the Secretary certifies to the Committees on Appropriations that the foreign government is—
investigating such allegations;
suspending individuals who have been credibly alleged to have ordered, carried out, or condoned such acts; and
prosecuting and punishing those responsible.
Definition
For purposes of this section, making
significant efforts
includes enacting legal prohibitions on the use of
torture, training police, military, and other security force personnel on
lawful interrogation techniques, and punishing those who use torture.
Transparency and accountability
United nations
Funds appropriated by
this Act shall be available to continue to support efforts to promote
transparency and accountability at the United Nations, including access to
audits and program information, as appropriate:
Provided, That the Secretary of
State, following consultation with the Committees on Appropriations, may
withhold from obligation funds appropriated under the heading
International Organizations and Programs
for a United States
contribution to a United Nations organization or agency if the Secretary
determines that such organization or agency is not adequately implementing
reforms to increase transparency and accountability.
International Monetary Fund
The terms and conditions of section 7086(b) of division F of Public Law 111–117 shall apply to this Act.
National budget and contract transparency
None of the funds appropriated under titles III and IV of this Act may be made available for assistance for the central government of any country that fails to publicly disclose on an annual basis its national budget, to include income and expenditures by ministry, and government contracts and licenses for natural resource exploitation, to include bidding and concession allocation practices.
The Secretary of State may waive the prohibition in paragraph (1) on a country-by-country basis if the Secretary reports to the Committees on Appropriations that to do so is important to the national interests of the United States: Provided, That any such report shall include comprehensive, current data on the country's budget transparency; identify any steps taken by such government to publicly disclose its national budget which are additional to those which were undertaken in previous fiscal years; include specific recommendations of short- and long-term steps that the government can take to improve budget transparency; and identify benchmarks for measuring progress in countries that receive such waivers.
Of the funds appropriated by this Act under
the heading Economic Support Fund
, up to
$1,500,000 may be made available for programs
and activities to assist the central government of any country named in the
report required by paragraph (2) to improve budget transparency or to support
civil society organizations in such countries that promote budget transparency:
Provided, That such sums shall be
in addition to funds otherwise made available for such purposes.
Disability programs
Of the funds appropriated by this Act under
the heading Economic Support Fund
, not less than
$5,000,000 shall be made available for programs
and activities administered by the United States Agency for International
Development (USAID) to address the needs and protect and promote the rights of
people with disabilities in developing countries, including initiatives that
focus on independent living, economic self-sufficiency, advocacy, education,
employment, transportation, sports, and integration of individuals with
disabilities, including for the cost of translation.
Funds appropriated under the heading
Operating Expenses
in title II of this Act shall be made
available to develop and implement training for staff in overseas USAID
missions to promote the full inclusion and equal participation of people with
disabilities in developing countries.
The Secretary of State, the Secretary of the Treasury, and the USAID Administrator shall seek to ensure that, where practicable, construction projects funded by this Act are accessible to people with disabilities and in compliance with the USAID Policy on Standards for Accessibility for the Disabled, or other similar accessibility standards.
Of the funds made available pursuant to subsection (a), not more than 7 percent may be for management, oversight, and technical support.
prohibition on certain first-class travel
None of the funds made available in this Act may be used for first-class travel by employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
MILLENNIUM CHALLENGE CORPORATION COMPACTS
Extension of compacts
Section 609(j) of the Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) is amended to read as follows:
Extension of compact
In general
Except as provided under paragraph (2), the duration of a Compact shall not exceed 5 years.
Exception
The duration of a Compact may be extended beyond 5 years if the Board—
determines that a project included in the Compact cannot be completed within 5 years; and
approves an extension of the Compact that does not extend the total duration of the Compact beyond 7 years.
Congressional notification
Not later than 15 days before the date on which the Board is scheduled to vote on the extension of a Compact beyond 5 years pursuant to paragraph (2), the Board, acting through the Chief Executive Officer, shall—
notify the Committees on Appropriations, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, of its intent to approve such extension; and
provide such committees with a detailed explanation for the determination and approval described in paragraph (2).
.
Concurrent and subsequent compacts
Section 609(k) of such Act (22 U.S.C. 7708(k)) is amended to read as follows:
Concurrent and subsequent compacts
In general
Subject to paragraph (2), and in accordance with the requirements of this title, an eligible country and the United States may enter into and have in effect concurrent and/or subsequent Compacts.
Requirements
An eligible country and the United States may enter into concurrent or subsequent Compacts if the Board determines that such country—
is making significant, consistent progress in implementing the terms of its existing Compact(s) and supplementary agreements to such Compact(s); and
will contribute, in the case of an Low Income Country as defined in section 606(a), not less than a 7.5 percent contribution of the total amount agreed upon for a subsequent Compact, or in the case of an Lower Middle Income Country (LMIC) as defined in section 606(b), a 15 percent contribution for a subsequent Compact.
Funding
Millennium Challenge Corporation (MCC) shall commit any funding for a concurrent Compact at the time it funds the Compact.
Timing
A concurrent Compact shall be signed not later than 2 years after the signing of the earlier compact.
Limitation on compacts
The MCC shall provide no more than 15 years of compact funding to any country.
.
Applicability
The amendments made by subsection (a) shall apply with respect to Compacts entered into between the United States and an eligible country under the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) before, on or after enactment of this Act, and those made by subsection (b) shall apply prospectively to new compacts.
Maintaining candidate status for purposes of income category
Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is amended as follows:
Section (a)(1) is amended by striking the
words Fiscal year
2004
and inserting In general
, and by
striking the words for fiscal year 2004
and inserting for
a fiscal year
.
Section (a)(1)(A) is stricken and replaced
with the following: The country has a per capita income equal to or
below the World Bank's lower middle income country threshold for the fiscal
year involved and is among the 75 lowest per capita income countries as
identified by the World Bank; and
;
Section (a)(2) is stricken.
Section (b)(1)(A) is stricken and replaced
with the following: has a per capita income equal to or below the World
Bank's lower middle income country threshold for the fiscal year involved and
is not among the 75 lowest per capita income countries as identified by the
World Bank; and
.
Section 606 is amended by inserting the following—
Income classification transition
Any country with a per capita income that changes in a given fiscal year such that the country would be reclassified in that fiscal year from a low income country to a lower middle income country or from a lower middle income country to a low income country shall retain its candidacy status in its former income classification for the fiscal year of the country's transition and the two subsequent fiscal years.
.
Buying power maintenance, international organizations
There may be established in the Treasury of
the United States a Buying Power Maintenance, International
Organizations
account.
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.
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
.
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.
The balance of the Buying Power Maintenance, International Organizations account may not exceed $100,000,000 as a result of any transfer under this subsection.
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.
Funds transferred to the Buying
Power Maintenance, International Organizations
account pursuant to this
section shall remain available until expended.
The transfer authorities in this section shall be available for funds appropriated for fiscal year 2011 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.
Border crossing card fee for minors
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 of not to
exceed half the amount of the fee that would otherwise apply for processing a
machine readable combined border crossing identification card and nonimmigrant
visa, and may be increased not more than 50 percent in a fiscal
year
.
Refugee processing
Adjustment of status
Section 209(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1159) is amended in the matter following subparagraph (C)—
by striking or be returned to the
custody of
and inserting to
; and
by striking for inspection and
examination
and inserting to be inspected and
examined
.
Effective date
The amendments made by subsection (a) shall take effect on the date of enactment of this Act.
Visa eligibility for international child abduction
Section 212(a)(10)(C)(iii) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(10)(C)(iii)) is amended—
in subclause (I), by adding
or
at the end;
in subclause (II), by striking ;
or
at the end and inserting a period; and
by striking subclause (III).
ELIMINATION OF ARBITRARY TIME LIMITS
Section 208(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1158(a)(2)) is amended—
by striking subparagraph (B);
by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively;
in subparagraph (B), as redesignated, by
striking subparagraph (D)
and inserting subparagraphs (C)
and (D)
; and
by striking subparagraph (C), as redesignated, and inserting the following:
Changed circumstances
Notwithstanding subparagraph (B), an application for asylum of an alien may be considered if the alien demonstrates, to the satisfaction of the Attorney General, the existence of changed circumstances that materially affect the applicant's eligibility for asylum.
.
Motion to reopen denied asylum claim
Notwithstanding subparagraph (B) or section 240(c)(7), an alien may file a motion to reopen an asylum claim during the 2-year period beginning on the date of enactment of this subparagraph if the alien—
was denied asylum based solely upon a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed;
was granted withholding of removal to the alien's country of nationality (or, if stateless, to the country of last habitual residence under section 241(b)(3));
has not obtained lawful permanent residence in the United States pursuant to any other provision of law;
is not subject to a bar to asylum under section 208(b)(2) and should not be denied asylum as a matter of discretion; and
is physically present in the United States.
; and
in subparagraph (E), by striking
subparagraphs (A) and (B)
and inserting subparagraph
(A)
.
Stateless persons
In General
Chapter 1 of title II of the Immigration and Nationality Act (8 U.S.C. 1151 et seq.) is amended by adding at the end the following:
Protection of stateless persons in the united states
Defined term
in general
In this section, the term de jure stateless person means an individual who is not considered a national under the laws of any country.
Designation of specific de jure groups
The Secretary of Homeland Security may designate specific groups of individuals who are considered de jure stateless persons, for purposes of this section.
Mechanisms for regularizing the status of stateless persons
Relief for individuals determined to be de jure stateless persons
The Secretary of Homeland Security or the Attorney General may cancel removal or provide conditional lawful status to an alien who is otherwise inadmissible or deportable from the United States if the alien—
is a de jure stateless person;
applies for such relief;
is not inadmissible under paragraph (2) or (3) of section 212(a);
is not deportable under paragraph (2), (3), or (4) of section 237(a); and
is not described in section 241(b)(3)(C)(i).
Waivers
Automatic waivers
In determining an alien's eligibility for relief under paragraph (1), paragraphs (4), (5), (6)(A), (7)(A), and (9) of section 212(a) shall not apply.
Application
An alien seeking relief under paragraph (1) may apply to the Secretary or the Attorney General for a waiver of any of the grounds set forth in subparagraph (C) and (D) of paragraph (1).
Other waivers
The Secretary or the Attorney General may waive any other ground of inadmissibility or deportability (except for section 241(b)(3)(C)(i)) with respect to such an applicant, including felony convictions and health conditions, if such waiver—
is justified by humanitarian purposes;
would ensure family unity; or
is otherwise in the public interest.
Work Authorization
The Secretary may—
authorize an alien who has applied for relief under paragraph (1) to engage in employment in the United States while such application is being considered; and
provide such applicant with an employment authorized endorsement or other appropriate document signifying authorization of employment.
Dependent spouses and children
The spouse, child, or unmarried son or daughter of an alien who has been granted conditional lawful status under paragraph (1) may apply for conditional lawful status under this section as a dependent if—
the dependent properly files an application for such status;
the dependent is physically present in the United States on the date on which such application is filed;
the dependent meets the eligibility criteria set forth in paragraph (1); and
the qualifying relationship to the principal beneficiary existed on the date on which such alien was granted conditional lawful status.
Adjustment of status
Inspection and examination
At the end of the 5-year period beginning on the date on which an alien has been granted conditional lawful status under subsection (b), the alien may apply for lawful permanent residence in the United States if—
the alien has been physically present in the United States for at least 5 years;
the alien's conditional lawful status has not been terminated by the Secretary of Homeland Security or the Attorney General, pursuant to such regulations as the Secretary or the Attorney General may prescribe; and
the alien has not otherwise acquired permanent resident status.
Requirements for adjustment
The Secretary or the Attorney General, under such regulations as the Secretary or the Attorney General may prescribe, may adjust the status of an alien granted conditional lawful status under subsection (b) to that of an alien lawfully admitted for permanent residence if such alien—
is a de jure stateless person;
properly applies for such adjustment of status;
has been physically present in the United States for at least 5 years after being granted conditional lawful status under subsection (b);
is not firmly resettled in any foreign country; and
is admissible (except as otherwise provided under subsection (b)(2)) as an immigrant under this chapter at the time of examination of such alien for adjustment of status.
Proving the claim
In determining an alien's eligibility for adjustment of status under this subsection, the Secretary or the Attorney General shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary or the Attorney General.
Record
Upon approval of an application under this subsection, the Secretary or the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date that is 5 years before the date of such approval.
Review
Administrative review
The Attorney General shall provide applicants for relief under this section the same right to, and procedures for, administrative review as are provided to aliens subject to removal proceedings under section 240.
Judicial review
The United States Court of Appeals shall—
sustain a final decision denying relief under this section unless it is contrary to law, an abuse of discretion, or not supported by substantial evidence; and
decide the petition only on the administrative record on which the denial of relief is based.
Motions to reopen
Notwithstanding any limitation imposed by law on motions to reopen removal or deportation proceedings, any individual who is eligible for relief under this section may file 1 motion to reopen removal or deportation proceedings in order to apply for relief under this section.
.
Clerical amendment
The table of contents for the Immigration and Nationality Act is amended by inserting after the item relating to section 210 the following:
Sec. 210A. Protection of stateless persons in the United States.
.
PETITION REVIEW
In general
Notwithstanding any other provision of law, on the date of enactment of this Act and thereafter, a Federal court shall have jurisdiction to review the merits of a petition filed by an individual sentenced to a term of life in prison or death, claiming that a violation of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations resulted in actual prejudice to the criminal conviction or sentence, and may conduct evidentiary hearings at its discretion: Provided, That upon a finding of actual prejudice, the court shall fashion appropriate relief, including ordering a new trial or sentencing proceeding.
Filing deadline
A petition for review under this section must be filed within 1 year of the later of—
the date of enactment of this Act;
the date on which the petitioner’s State court judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; or
the date on which the impediment to filing a petition created by State action in violation of the Constitution or laws of the United States is removed, if the petitioner was prevented from filing by such State action;
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.
limitation
A petition for review under this section must be part of a petitioner’s first habeas corpus application under chapter 153 of title 28, except that if a petitioner has already filed a habeas corpus application by the date of enactment of this Act or if such application must be filed prior to 1 year after the date of enactment of this Act, such petition for review under this section must be filed within 1 year of the date of enactment of this Act and it shall not be considered a second or successive habeas corpus application.
Global women's issues
Department of state office for global women's issues
There is established, in the Office of the Secretary of State, the Office for Global Women's Issues (the Office). The Secretary of State may assign appropriate staff with relevant technical and operational expertise to the Office to carry out the purposes of this section.
Ambassador-at-large for global women's issues
The Office shall be headed by an Ambassador-at-Large for Global Women's Issues (the Ambassador), who shall be appointed by the President, by and with the advice and consent of the Senate; report directly to the Secretary of State; and have the rank and status of Ambassador-at-Large.
Duties
The Ambassador is authorized to—
coordinate, advise on, promote and, where relevant, design and implement, activities, policies, programs, and funding of relevant bureaus and offices of the Department of State, and other relevant Executive Branch agencies, which relate to—
gender integration;
women's and girls' health, economic, social and legal development, protection, improvement in role and status in society; and
prevention and response to violence against women and girls, including child and forced marriage;
work with relevant offices within the Department of State, and in other relevant Executive Branch agencies, to promote the collection, retention, and analysis of data on programs and activities in paragraph (A); and
subject to the direction of the President and the Secretary of State, represent the United States in matters relevant to the status of women internationally.
Interagency cooperation
On behalf of the Secretary of State, the Ambassador shall convene periodic meetings with other Executive Branch agencies to enhance and ensure effective coordination of policies, programs, and resources regarding critical issues related to international women's status and development.
United states agency for international development gender integration and development advisor
There is established, within the United States Agency for International Development (USAID), the Gender Integration and Development Advisor (the Advisor), who shall be appointed by, and report directly to, the USAID Administrator; be highly qualified in the areas of international development and gender integration; and participate in high-level strategic policy, planning, operations, and evaluations throughout all regional and functional disciplines of USAID.
Support staff
The Office of Women in International Development shall report directly to the Advisor. The USAID Administrator shall assign additional staff with technical and operational expertise as may be needed to assist the Advisor in carrying out the purposes of this section.
Duties
The Advisor is authorized to—
coordinate and advise USAID efforts to integrate gender in foreign assistance design, strategy, and programs, including to make recommendations to the USAID Administrator regarding USAID policies, procedures, and budgeting;
collect and make publicly available data and analysis on gender integration activities, women's development, and strategies for gender-based violence prevention and response, in accordance with agency-wide mechanisms for data collection, monitoring, and evaluation; and
provide recommendations to the Administrator and the Ambassador.
Strategy
Not later than 1 year after enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall submit to the Committees on Appropriations, the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives, a 5-year strategy, developed by the Ambassador and the Advisor in consultation with foreign governments and United States and foreign civil society organizations with relevant expertise, to prevent and respond to violence against women and girls comprehensively in at least 5 developing countries with severe levels of violence, which shall include clear and achievable goals and objectives, indicators and benchmarks for measuring progress, and expected results.
Clarification
Nothing in this section shall be construed as affecting in any way existing statutory prohibitions related to abortion or existing statutory prohibitions on the use of funds to lobby for or against abortion.
LIVING QUARTERS AND ALLOWANCES
Section 9 of the United Nations Participation Act of 1945 (22 U.S.C. 287e–1) is amended—
in subsection (2) by striking to no
more than 30
and inserting for a period not longer than 5 years
to no more than 35
, by striking other representatives,
and inserting and for a period not longer than 10 years to other
representatives
, and by striking (for periods
and all
that follows through for such purpose
; and
by adding at the end the following new subsection:
Living quarters and allowances provided under this section shall be considered for all purposes as authorized by chapter 9 of title I of the Foreign Service Act of 1980 and may not be provided to an employee who is occupying living quarters that are owned by such employee.
.
Asian development fund and asian development bank authorizations
The Asian Development Bank Act (22 U.S.C. 285 et seq.) is amended by adding at the end the following—
Ninth replenishment
Contribution authorized
The United States Governor of the Bank is authorized to contribute $461,000,000 on behalf of the United States to the ninth replenishment of the resources of the Fund, to the extent such amounts are made available in advance through appropriations Acts.
Authorization of appropriations
In order to pay for the United States contribution under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $461,000,000 for payment by the Secretary of the Treasury.
Fifth capital increase
Subscription authorized
The United States Governor of the Bank may subscribe on behalf of the United States to 1,104,420 additional shares of the capital stock of the Bank.
Any subscription by the United States to the capital stock of the Bank shall be effective only to such extent and in such amounts as are made available in advance through appropriations Acts.
Limitations on authorization of appropriations
In order to pay for the increase in the United States subscription to the Bank under subsection (a), there are authorized to be appropriated, without fiscal year limitation, $13,323,173,083 for payment by the Secretary of the Treasury.
Of the amount authorized to be appropriated under paragraph (1)—
$532,929,240 shall be for paid in shares of the Bank; and
$12,790,243,843 shall be for callable shares of the Bank.
.
Department of state office of inspector general personnel
The Inspector General of the Department of State may waive any of the following provisions to employ annuitants (individuals who are entitled to benefits under a retirement system for Government employees): (A) subsections (a) through (d) of section 8344 of title 5, United States Code; (B) subsections (a) through (e) of section 8468 of title 5, United States Code; (C) subsections (a) through (d) of section 824 of the Foreign Service Act of 1980 (22 5 U.S.C. 4064); and (D) any other similar provision of law, as identified by the Inspector General in regulations: Provided, That the Inspector General may exercise this authority: (A) only on a case-by-case basis and only for so long as is necessary; (B) if there are recruiting or retention difficulties for the position involved or a temporary emergency hiring need; (C) as long as it does not cause the number of employees within the Office of Inspector General (OIG) employed under this or other similar authority to exceed, as of any given date, 15 percent of the total OIG workforce, determined on a full-time equivalent basis; and (D) this authority is repealed on October 1, 2013, except that an annuitant re-employed pursuant to the waiver in this section before October 1, 2013, may continue such employment until not later than September 30, 2014: Provided further, That nothing in this section may be construed to permit or require that any re-employed annuitant benefitting from a waiver of a provision of law set forth in this section be treated as a Government employee for purposes of the retirement system to which such provision relates: Provided further, That the Inspector General of the Department of State is authorized to obtain services under section 3109 of title 5, United States Code, without regard to subsections (d)(1) of such section, and is considered the head of the agency under subsection (b) of such section for purposes of exercising this authority: Provided further, That services may be obtained by the Inspector General for a period of up to 1 year, with an option to extend such services for an additional 2 years, and that the total number of individuals employed under this section shall not exceed 15 percent of the total OIG workforce, determined on a full-time equivalent basis: Provided further, That the authority to obtain such services shall expire on September 30, 2015.
United states agency for international development office of inspector general personnel
The United States Agency for International Development Office of Inspector General (USAID OIG) may contract with United States citizens for personal services when the Inspector General determines that its personnel resources are otherwise insufficient: Provided, That not more than 5 percent of USAID OIG personnel (determined on a full-time equivalent basis), as of any given date, are serving under personal services contracts, that such contracts shall not exceed a term of 2 years unless the Inspector General determines that exceptional circumstances justify an extension of up to 1 additional year, and that such contractors shall not be considered employees of the Federal Government for purposes of title 5, United States Code, or members of the Foreign Service for purposes of title 22, United States Code: Provided further, That the Inspector General may waive subsections (a) through (d) of section 8344, and subsections (a) through (e) of section 8468 of title 5, United States Code, and subsections (a) through (d) of section 4064 of title 22, United States Code, on behalf of re-employed annuitants serving in a position within the USAID OIG to facilitate the assignment of persons to positions in Iraq, Pakistan, Afghanistan, and Haiti or to positions vacated by members of the Foreign Service assigned to those countries, and that this authority shall be exercised on a case-by-case basis for positions for which there is difficulty recruiting or retaining a qualified employee or to address a temporary emergency hiring need: Provided further, That the individuals employed by the USAID OIG under this section shall not be considered employees for purposes of subchapter III of chapter 83 of title 5, United States Code, or chapter 84 of such title: Provided further, That the authorities of the Inspector General under this paragraph shall terminate on October 1, 2013: Provided further, That section 5541(2)(C)(xiv) of title 5, United States Code, is amended to read as follows:
a Foreign Service officer, except that Foreign Service officers serving as criminal investigators in the Office of Inspector General of the United States Agency for International Development shall be eligible for and receive availability pay on the same terms as criminal investigators (as defined in section 5545a).
.
Assistance for foreign nongovernmental organizations
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:
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—
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
a foreign nongovernmental organization shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this part.
.
RESCISSIONS
Export-Import bank
Of the unobligated balances available under
the heading Subsidy Appropriation
for the Export-Import Bank of
the United States in title VI of division H of Public Law 111–8 and under such
heading in prior acts making appropriations for the Department of State,
foreign operations, and related programs,
$140,000,000 are rescinded.
Andean counterdrug program
Of the unobligated balances available under
the heading Andean Counterdrug Programs
in title III of division
H of Public Law 111–8 and under such heading in prior acts making
appropriations for the Department of State, foreign operations, and related
programs, $25,000,000 are rescinded.
Diplomatic and consular programs
Of the funds
appropriated in prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the heading Diplomatic
and Consular Programs
, $5,000,000 are
rescinded:
Provided, That no amounts may be
rescinded from amounts that were designated by the Congress as an emergency
requirement pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
This Act may be cited as the
Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2011
July 29, 2010
Read twice and placed on the calendar