Library / Laws / 113th / s / S. 1372 / Placed on Calendar (Senate)
II
Calendar No. 150
113th CONGRESS
1st Session
S. 1372
[Report No.
113–81]
IN THE SENATE OF THE UNITED
STATES
July 25, 2013
Mr. Leahy, from the
Committee on
Appropriations, reported the following original bill; which
was read twice and placed on the calendar
A BILL
Making appropriations for the Department of
State, foreign operations, and related programs for the fiscal year ending
September 30, 2014, and for other purposes.
That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for the Department
of State, foreign operations, and related programs for the fiscal year ending
September 30, 2014, and for other purposes, namely:
I
Department of State and Related
Agency
Department of
state
Administration of foreign
affairs
Diplomatic and consular
programs
(including transfer of funds)
For necessary expenses of the Department of
State and the Foreign Service not otherwise provided for,
$7,083,880,850, to remain available until
September 30, 2015, of which up to
$1,867,251,000, to remain available until
expended, is for Worldwide Security Protection:
Provided, That funds made available
under this heading shall be allocated in accordance with paragraphs (1) through
(4) as follows:
(1)
Human resources
For necessary expenses for training, human
resources management, and salaries, including employment without regard to
civil service and classification laws of persons on a temporary basis (not to
exceed $700,000), as authorized by section 801
of the United States Information and Educational Exchange Act of 1948,
$2,548,716,000, of which not less than
$131,713,000 shall be available only for public
diplomacy American salaries, and up to
$255,866,000 is for Worldwide Security
Protection.
(2)
Overseas programs
For necessary expenses for the regional
bureaus of the Department of State and overseas activities as authorized by
law, $2,033,386,000, of which not less than
$369,589,000 shall be available only for public
diplomacy international information programs.
(3)
Diplomatic policy and support
For necessary expenses for the functional
bureaus of the Department of State, including representation to certain
international organizations in which the United States participates pursuant to
treaties ratified pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control, nonproliferation
and disarmament activities as authorized,
$786,180,000.
(4)
Security programs
For necessary expenses for security
activities, $1,715,600,000, of which up to
$1,611,385,000 is for Worldwide Security
Protection.
(5)
Fees and payments collected
In addition to amounts otherwise made
available under this heading—
(A) not to exceed
$1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International Center
Act, and in addition, as authorized by section 5 of such Act,
$5,970,150, to be derived from the reserve
authorized by such section, to be used for the purposes set out in such section
and for development, maintenance, and security of additional properties for use
as an International Center by foreign governments or international
organizations;
(B) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other payments received from
English teaching, library, motion pictures, and publication programs and from
fees from educational advising and counseling and exchange visitor programs;
and
(C) not to exceed
$15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair House facilities.
(6)
Transfer, reprogramming, and other
matters
(A) Notwithstanding any provision of this Act,
funds may be reprogrammed within and between paragraphs (1) through (4) under
this heading subject to section 7015 of this Act.
(B) Of the amount made available under this
heading, not to exceed $10,000,000 may be
transferred to, and merged with, funds made available by this Act under the
heading Emergencies in the Diplomatic and Consular Service, to
be available only for emergency evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of passenger motor vehicles
as authorized by law and, pursuant to 31 U.S.C. 1108(g), for the field
examination of programs and activities in the United States funded from any
account contained in this title.
(D) Of the funds appropriated under this
heading, up to $36,707,000, to remain available
until expended, may be transferred to, and merged with, funds previously made
available under the heading Conflict Stabilization Operations
(CSO) in title I of prior acts making appropriations for the Department of
State, foreign operations and related programs:
Provided, That funds allocated to
CSO and for assistance, or for assistance to be implemented by CSO, may be made
available notwithstanding any other provision of law.
capital investment fund
For necessary expenses of the Capital
Investment Fund, $76,900,000, to remain
available until expended, as authorized:
Provided, That section 135(e) of
Public Law 103–236 shall not apply to funds available under this
heading.
Office of inspector general
For necessary expenses of the Office of
Inspector General, $69,406,000, notwithstanding
section 209(a)(1) of the Foreign Service Act of
1980 (Public Law 96–465), as it relates to post
inspections.
Educational and cultural exchange
programs
For expenses of
educational and cultural exchange programs, as authorized,
$595,000,000, to remain available until
expended:
Provided, That fees or other
payments received from or in connection with English teaching, educational
advising and counseling programs, and exchange visitor programs as authorized
may be credited to this account, to remain available until expended:
Provided further, That
notwithstanding any other provision of law, funds appropriated under this
heading may be made available for assistance for fellowships, scholarships, and
exchanges for foreign academic professionals and foreign university students
from countries in the Near East region, subject to the regular notification
procedures of the Committees on Appropriations:
Provided further, That
not later than 45 days after enactment of this Act, the Secretary of State
shall submit a report to the Committees on Appropriations detailing
modifications made to existing educational and cultural exchange programs since
calendar year 2011, including for special academic and special professional and
cultural exchanges:
Provided further, That
any further modifications to such programs shall be subject to prior
consultation with, and the regular notification procedures of, the Committees
on Appropriations.
Representation expenses
For representation expenses as authorized,
$7,300,000.
Protection of foreign missions and
officials
For expenses, not
otherwise provided, to enable the Secretary of State to provide for
extraordinary protective services, as authorized,
$28,200,000, to remain available until September
30, 2015.
Embassy security, construction, and
maintenance
For necessary
expenses for carrying out the Foreign Service Buildings Act of 1926 (22 U.S.C.
292–303), preserving, maintaining, repairing, and planning for buildings that
are owned or directly leased by the Department of State, renovating, in
addition to funds otherwise available, the Harry S Truman Building, and
carrying out the Diplomatic Security Construction Program as authorized,
$785,351,000, to remain available until expended
as authorized, of which not to exceed $25,000
may be used for domestic and overseas representation expenses as authorized:
Provided, That none of the funds
appropriated in this paragraph shall be available for acquisition of furniture,
furnishings, or generators for other departments and agencies. In addition, for the costs of worldwide
security upgrades, acquisition, and construction as authorized,
$1,320,452,000, to remain available until
expended:
Provided, That not later than 45
days after enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made available
under this heading and the actual and anticipated proceeds of sales for all
projects in fiscal year 2014.
Emergencies in the diplomatic and consular
service
(including transfer of funds)
For necessary expenses to enable the
Secretary of State to meet unforeseen emergencies arising in the Diplomatic and
Consular Service, $9,652,000, to remain
available until expended as authorized, of which not to exceed
$1,000,000 may be transferred to, and merged
with, funds appropriated by this Act under the heading Repatriation
Loans Program Account, subject to the same terms and
conditions.
Repatriation loans program
account
For the cost of direct loans,
$1,700,000, as authorized:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974: Provided
further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,690,000.
payment to the american institute in
taiwan
For necessary expenses
to carry out the Taiwan Relations Act (Public Law 96–8),
$31,221,000.
Payment to the foreign service retirement
and disability fund
For
payment to the Foreign Service Retirement and Disability Fund, as authorized,
$158,900,000.
international
organizations
contributions to international
organizations
For necessary
expenses, not otherwise provided for, to meet annual obligations of membership
in international multilateral organizations, pursuant to treaties ratified
pursuant to the advice and consent of the Senate, conventions or specific Acts
of Congress, $1,382,408,000:
Provided, That the Secretary of
State shall notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any United Nations
action to increase funding for any United Nations program without identifying
an offsetting decrease elsewhere in the United Nations budget:
Provided further, That
any credits available to the United States from the United Nations Tax
Equalization Fund shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on Appropriations:
Provided further, That
any payment of arrearages under this heading shall be directed toward
activities that are mutually agreed upon by the United States and the
respective international organization:
Provided further, That
none of the funds appropriated under this heading shall be available for a
United States contribution to an international organization for the United
States share of interest costs made known to the United States Government by
such organization for loans incurred on or after October 1, 1984, through
external borrowings.
contributions for international
peacekeeping activities
For
necessary expenses to pay assessed and other expenses of international
peacekeeping activities directed to the maintenance or restoration of
international peace and security,
$2,094,661,000, of which 15 percent shall remain
available until September 30, 2015:
Provided, That none of the funds
made available by this Act shall be obligated or expended for any new or
expanded United Nations peacekeeping mission unless, at least 15 days in
advance of voting for the new or expanded mission in the United Nations
Security Council (or in an emergency as far in advance as is practicable), the
Committees on Appropriations are notified: (1) of the estimated cost and
duration of the mission, the national interest that will be served, and the
exit strategy; (2) that the United Nations has in place effective measures to
prevent United Nations employees, contractor personnel, and peacekeeping troops
serving in the mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of illegal sexual exploitation or other
violations of human rights, and to bring to justice individuals who engage in
such acts while participating in the peacekeeping mission, including
prosecution in their home countries of such individuals in connection with such
acts, and to make information about such cases publicly available in the
country where an alleged crime occurs and on the United Nations’ Web site; and
(3) pursuant to section 7015 of this Act and the procedures therein followed,
of the source of funds that will be used to pay the cost of the new or expanded
mission:
Provided further, That
funds shall be available for peacekeeping expenses unless the Secretary of
State determines that American manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United Nations
peacekeeping activities equal to those being given to foreign manufacturers and
suppliers:
Provided further, That
the Secretary of State shall work with the United Nations and foreign
governments contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human rights:
Provided further, That
none of the funds appropriated or otherwise made available under this heading
may be used for any United Nations peacekeeping mission that will involve
United States Armed Forces under the command or operational control of a
foreign national, unless the President’s military advisors have submitted to
the President a recommendation that such involvement is in the national
interests of the United States and the President has submitted to the Congress
such a recommendation:
Provided further, That
notwithstanding any other provision of law, funds appropriated or otherwise
made available under this heading in this Act or in the Consolidated and
Further Continuing Appropriations Act, 2013 (Public Law 113–6) that remain
available for obligation, shall be available for United States assessed
contributions up to the amount specified in the Annex accompanying United
Nations General Assembly document A/67/224/Add.1:
Provided further, That
any credits available to the United States from the United Nations Tax
Equalization Fund shall only be available for United States assessed
contributions to the United Nations and shall be subject to the regular
notification procedures of the Committees on
Appropriations.
International Commissions
For necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under treaties,
or specific Acts of Congress, as follows:
International boundary and water
commission, united states and mexico
For necessary expenses for the United States
Section of the International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for
representation expenses; as follows:
Salaries and expenses
For salaries and expenses, not otherwise
provided for,
$45,618,000.
Construction
For detailed plan preparation and
construction of authorized projects,
$35,200,000, to remain available until expended,
as authorized.
American sections, international
commissions
For necessary
expenses, not otherwise provided, for the International Joint Commission and
the International Boundary Commission, United States and Canada, as authorized
by treaties between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by Public Law 103–182,
$12,799,000:
Provided, That of the amount
provided under this heading for the International Joint Commission,
$9,000 may be made available for representation
expenses.
International fisheries
commissions
For necessary
expenses for international fisheries commissions, not otherwise provided for,
as authorized by law, $39,345,000:
Provided, That the United States
share of such expenses may be advanced to the respective commissions pursuant
to 31 U.S.C. 3324.
related
agency
Broadcasting board of
governors
International broadcasting
operations
For necessary
expenses to enable the Broadcasting Board of Governors (BBG), as authorized, to
carry out international communication activities, and to make and supervise
grants for radio and television broadcasting to the Middle East,
$717,082,000, of which up to
$41,734,000 shall remain available until
expended for satellite transmissions and Internet freedom programs:
Provided, That funds appropriated
under this heading shall be made available to expand unrestricted access to
programs funded under this heading and other information on the Internet
through the development and use of circumvention and secure communication
technologies:
Provided further,
That of the total amount appropriated under this heading, not to exceed
$35,000 may be used for representation expenses,
of which $10,000 may be used for representation
expenses within the United States as authorized, and not to exceed
$30,000 may be used for representation expenses
of Radio Free Europe/Radio Liberty:
Provided further, That
the authority provided by section 504(c) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 6206 note) shall remain in
effect through September 30, 2014: Provided
further, That section 304(f) of the United States
International Broadcasting Act of 1994, as amended (22 U.S.C. 6203(f)) is
amended by deleting 5 members and inserting a majority of
Governors then serving (as determined under subsection (c) of such section) at
the time a decision of the Board is made:
Provided further, That the BBG shall notify the Committees
on Appropriations within 15 days of any determination by the Board that any of
its broadcast entities, including its grantee organizations, provides an open
platform for international terrorists or those who support international
terrorism, or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity’s journalistic code of
ethics:
Provided further, That
significant modifications to BBG broadcast hours previously justified to
Congress, including changes to transmission platforms (shortwave, medium wave,
satellite, Internet, and television), for all BBG language services shall be
subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
in addition to funds made available under this heading, and notwithstanding any
other provision of law, up to $2,000,000 in
receipts from advertising and revenue from business ventures, up to
$500,000 in receipts from cooperating
international organizations, and up to
$1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting Bureau,
shall remain available until expended for carrying out authorized
purposes.
Broadcasting capital
improvements
For the purchase,
rent, construction, and improvement of facilities for radio and television
transmission and reception, and purchase and installation of necessary
equipment for radio and television transmission and reception, including to
Cuba, as authorized, $8,000,000, to remain
available until expended, as authorized.
Related
programs
The asia foundation
For a grant to The Asia Foundation, as
authorized by The Asia Foundation Act (22 U.S.C. 4402),
$17,000,000, to remain available until expended,
as authorized.
United States Institute of
Peace
For necessary expenses
of the United States Institute of Peace, as authorized by the United States
Institute of Peace Act, $30,984,000, to remain
available until September 30, 2015, which shall not be used for construction
activities.
Center for Middle Eastern-Western Dialogue
Trust Fund
For necessary
expenses of the Center for Middle Eastern-Western Dialogue Trust Fund, as
authorized by section 633 of the Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such Fund on or
before September 30, 2014, to remain available until
expended.
Eisenhower exchange fellowship
program
For necessary expenses
of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4
and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205),
all interest and earnings accruing to the Eisenhower Exchange Fellowship
Program Trust Fund on or before September 30, 2014, to remain available until
expended:
Provided, That none of the funds
appropriated herein shall be used to pay any salary or other compensation, or
to enter into any contract providing for the payment thereof, in excess of the
rate authorized by 5 U.S.C. 5376; or for purposes which are not in accordance
with OMB Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost
Principles for Non-profit Organizations), including the restrictions on
compensation for personal services.
Israeli arab scholarship
program
For necessary expenses
of the Israeli Arab Scholarship Program, as authorized by section 214 of the
Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing
to the Israeli Arab Scholarship Fund on or before September 30, 2014, to remain
available until expended.
East-West center
To enable the Secretary of State to provide
for carrying out the provisions of the Center for Cultural and Technical
Interchange Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in the State of
Hawaii, $16,700,000:
Provided, That none of the funds
appropriated herein shall be used to pay any salary, or enter into any contract
providing for the payment thereof, in excess of the rate authorized by 5 U.S.C.
5376.
national endowment for
democracy
For grants made by
the Department of State to the National Endowment for Democracy, as authorized
by the National Endowment for Democracy Act,
$135,000,000, to remain available until
expended, of which $100,000,000 shall be
allocated in the traditional and customary manner, including for the core
institutes, and $35,000,000 shall be for
democracy, human rights, and rule of law
programs.
other
commissions
commission for the preservation of
america’s heritage abroad
salaries and expenses
For necessary expenses for the Commission
for the Preservation of America’s Heritage Abroad,
$690,000, as authorized by section 1303 of
Public Law 99–83.
United states commission on international
religious freedom
Salaries and expenses
For necessary expenses for the United States
Commission on International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (Public Law 105–292), as amended,
$3,500,000, including not more than
$4,000 for representation expenses:
Provided, That if the United States
Commission on International Religious Freedom is authorized beyond September
30, 2014, this amount will remain available until September 30,
2015.
Commission on Security and Cooperation in
Europe
Salaries and expenses
For necessary expenses of the Commission on
Security and Cooperation in Europe, as authorized by Public Law 94–304,
$2,579,000, including not more than
$4,000 for representation expenses, to remain
available until September 30, 2015.
Congressional-Executive Commission on the
People's Republic of China
Salaries and expenses
For necessary expenses of the
Congressional-Executive Commission on the People's Republic of China, as
authorized by title III of the U.S.-China Relations Act of 2000 (22 U.S.C.
6911–6919), $2,000,000, including not more than
$3,000 for representation expenses, to remain
available until September 30, 2015.
United States-China Economic and Security
Review Commission
salaries and expenses
For necessary expenses of the United
States-China Economic and Security Review Commission, as authorized by section
1238 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year
2001 (22 U.S.C. 7002), $3,500,000, including not
more than $4,000 for representation expenses, to
remain available until September 30, 2015:
Provided, That the authorities,
requirements, limitations, and conditions contained in the second through sixth
provisos under this heading in division F of Public Law 111–117 shall continue
in effect during fiscal year 2014 and shall apply to funds appropriated under
this heading as if included in this Act.
II
United states agency for international
development
Funds appropriated to the
president
Operating
expenses
(including transfer of funds)
For necessary expenses to carry out the
provisions of section 667 of the Foreign Assistance Act of 1961,
$1,284,321,000, to remain available until
September 30, 2015:
Provided, That none of the funds
appropriated under this heading and under the heading Capital Investment
Fund in this title may be made available to finance the construction
(including architect and engineering services), purchase, or long-term lease of
offices for use by the United States Agency for International Development
(USAID), unless the USAID Administrator has identified such proposed use of
funds in a report submitted to the Committees on Appropriations at least 15
days prior to the obligation of funds for such purposes:
Provided further, That
contracts or agreements entered into with funds appropriated under this heading
during fiscal year 2015 may entail commitments for the expenditure of such
funds through the following fiscal year:
Provided further, That
the authority of sections 610 and 109 of the Foreign Assistance Act of 1961 may
be exercised by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to Operating Expenses in
accordance with the provisions of those sections:
Provided further, That
of the funds appropriated or made available under this heading, not to exceed
$250,000 may be available for representation and
entertainment expenses, of which not to exceed
$5,000 may be available for entertainment
expenses, for USAID during the current fiscal
year.
Capital investment fund
For necessary expenses for overseas
construction and related costs, and for the procurement and enhancement of
information technology and related capital investments, pursuant to section 667
of the Foreign Assistance Act of 1961,
$117,940,000, to remain available until
expended:
Provided, That this amount is in
addition to funds otherwise available for such purposes:
Provided further, That
not later than 180 days after enactment of this Act, the Administrator of the
United States Agency for International Development (USAID), in consultation
with the Secretary of State, shall submit a strategy to eliminate redundant
USAID services and operations at diplomatic facilities abroad, including
information technology systems, communications systems, and motor pool:Provided further, That funds
appropriated under this heading shall be available for obligation only pursuant
to the regular notification procedures of the Committees on
Appropriations.
Office of inspector general
For necessary expenses to carry out the
provisions of section 667 of the Foreign Assistance Act of 1961,
$47,000,000, to remain available until September
30, 2015, which sum shall be available for the Office of Inspector General of
the United States Agency for International
Development.
III
bilateral economic assistance
funds appropriated to the
president
For necessary
expenses to enable the President to carry out the provisions of the Foreign
Assistance Act of 1961, and for other purposes, as
follows:
Global health
programs
(including transfer of
funds)
For necessary expenses to carry out the
provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of
1961, for global health activities, in addition to funds otherwise available
for such purposes, $2,785,000,000, to remain
available until September 30, 2015, and which shall be apportioned directly to
the United States Agency for International Development (USAID):
Provided, That this amount shall be
made available for training, equipment, and technical assistance to build the
capacity of public health institutions and organizations in developing
countries, and for such activities as: (1) child survival and maternal health
programs; (2) immunization and oral rehydration programs; (3) other health,
nutrition, water and sanitation programs which directly address the needs of
mothers and children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5) programs for the
prevention, treatment, control of, and research on HIV/AIDS, tuberculosis,
polio, malaria, and other infectious diseases including neglected tropical
diseases, and for assistance to communities severely affected by HIV/AIDS,
including children infected or affected by AIDS; and (6) family
planning/reproductive health:
Provided further, That
funds appropriated under this paragraph may be made available for a United
States contribution to the GAVI Alliance:
Provided further, That
none of the funds made available in this Act nor any unobligated balances from
prior appropriations Acts may be made available to any organization or program
which, as determined by the President of the United States, supports or
participates in the management of a program of coercive abortion or involuntary
sterilization:
Provided further, That
any determination made under the previous proviso must be made no later than 6
months after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination:
Provided further, That
none of the funds made available under this Act may be used to pay for the
performance of abortion as a method of family planning or to motivate or coerce
any person to practice abortions:
Provided further, That
nothing in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign Assistance Act
of 1961:
Provided further, That
none of the funds made available under this Act may be used to lobby for or
against abortion:
Provided further, That
the eighth and ninth provisos under this heading in the Consolidated
Appropriations Act, 2012 (Public Law 112–74) shall apply to funds appropriated
under this heading in this Act:
Provided further, That
for purposes of this or any other Act authorizing or appropriating funds for
the Department of State, foreign operations, and related programs, the term
motivate, as it relates to family planning assistance, shall not
be construed to prohibit the provision, consistent with local law, of
information or counseling about all pregnancy options:
Provided further, That
information provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be medically
accurate and shall include the public health benefits and failure rates of such
use.
In addition, for necessary expenses to carry
out the provisions of the Foreign Assistance Act of 1961 for the prevention,
treatment, and control of, and research on, HIV/AIDS,
$5,670,000,000, to remain available until
September 30, 2018, which shall be apportioned directly to the Department of
State:
Provided, That the annual report
required by section 104A(f) of the Foreign Assistance Act of 1961, which report
shall be submitted hereafter, as well, to the Committees on Appropriations,
shall include for each regional and bilateral partnership framework country a
description of the transition strategy for each such country within the
President’s Emergency Plan for AIDS Relief, including details on the host
country and/or multilateral organization capacity to sustain the achievements
of United States-funded HIV/AIDS and related programs: Provided further, That funds
appropriated under this paragraph may be made available, notwithstanding any
other provision of law, except for the United States Leadership Against
HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108–25), as amended,
for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis
and Malaria (Global Fund), and shall be expended at the minimum rate necessary
to make timely payment for projects and activities:
Provided further, That
the amount of such contribution should be
$1,650,000,000:
Provided further, That
no such contribution may cause the total amount of United States Government
contributions to the Global Fund to exceed 33 percent of the total amount of
funds contributed to the Global Fund from all sources:
Provided further, That
up to 5 percent of the aggregate amount of funds made available to the Global
Fund in fiscal year 2014 may be made available to USAID for technical
assistance related to the activities of the Global Fund:
Provided further, That
of the funds appropriated under this paragraph, up to
$14,250,000 may be made available, in addition
to amounts otherwise available for such purposes, for administrative expenses
of the Office of the United States Global AIDS
Coordinator.
Development
assistance
For necessary expenses to carry out the
provisions of sections 103, 105, 106, 214, and sections 251 through 255, and
chapter 10 of part I of the Foreign Assistance Act of 1961,
$2,507,001,000, to remain available until
September 30, 2015:
Provided, That of the funds
appropriated under this heading, not less than
$23,000,000 shall be made available for the
American Schools and Hospitals Abroad program, and not less than
$10,000,000 shall be made available for
cooperative development programs of the United States Agency for International
Development within the Office of Innovation and Development
Alliances.
International disaster
assistance
For necessary
expenses to carry out the provisions of section 491 of the
Foreign Assistance Act of 1961 for
international disaster relief, rehabilitation, and reconstruction assistance,
$610,000,000, to remain available until
expended.
Transition initiatives
For necessary expenses for international
disaster rehabilitation and reconstruction assistance pursuant to section 491
of the Foreign Assistance Act of 1961,
$52,600,000, to remain available until expended,
to support transition to democracy and long-term development of countries in
crisis:
Provided, That such support may
include assistance to develop, strengthen, or preserve democratic institutions
and processes, revitalize basic infrastructure, and foster the peaceful
resolution of conflict:
Provided further, That
the United States Agency for International Development shall submit a report to
the Committees on Appropriations at least 5 days prior to beginning a new
program of assistance:
Provided further, That
if the Secretary of State determines that it is important to the national
interests of the United States to provide transition assistance in excess of
the amount appropriated under this heading, up to
$15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign Assistance Act of 1961
may be used for purposes of this heading and under the authorities applicable
to funds appropriated under this heading:
Provided further, That
funds made available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on
Appropriations.
development credit
authority
(including transfer of funds)
For the cost of direct loans and loan
guarantees provided by the United States Agency for International Development,
as authorized by sections 256 and 635 of the Foreign Assistance Act of 1961, up
to $40,000,000 may be derived by transfer from
funds appropriated by this Act to carry out part I of such Act:
Provided, That funds provided under
this paragraph and funds provided as a gift that are used for purposes of this
paragraph pursuant to section 635(d) of the Foreign Assistance Act of 1961
shall be made available only for micro- and small enterprise programs, urban
programs, and other programs which further the purposes of part I of such Act:
Provided further, That
such costs, including the cost of modifying such direct and guaranteed loans,
shall be as defined in section 502 of the Congressional Budget Act of 1974, as
amended:
Provided further, That
funds made available by this paragraph may be used for the cost of modifying
any such guaranteed loans under this Act or prior Acts, and funds used for such
costs shall be subject to the regular notification procedures of the Committees
on Appropriations:
Provided further, That
the provisions of section 107A(d) (relating to general provisions applicable to
the Development Credit Authority) of the Foreign Assistance Act of 1961, as
contained in section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct loans and
loan guarantees provided under this heading, except that the principal amount
of loans made or guaranteed under this heading with respect to any single
country shall not exceed $300,000,000:
Provided further, That
these funds are available to subsidize total loan principal, any portion of
which is to be guaranteed, of up to
$2,000,000,000. In addition, for administrative expenses to
carry out credit programs administered by the United States Agency for
International Development, $8,200,000, which may
be transferred to, and merged with, funds made available under the heading
Operating Expenses in title II of this Act:
Provided, That funds made available
under this heading shall remain available until September 30,
2016.
Economic support
fund
(including transfer of funds)
For necessary expenses to carry out the
provisions of chapter 4 of part II of the Foreign Assistance Act of 1961,
$3,589,895,000, to remain available until
September 30, 2015:
Provided, That of the funds
appropriated under this heading, up to
$250,000,000 should be made available for
assistance for Egypt and not less than
$360,000,000 shall be available for assistance
for Jordan:
Provided further, That
of the funds appropriated under this heading, not less than
$135,000,000 shall be apportioned directly to
the United States Agency for International Development for alternative
development/institution building and local governance programs in
Colombia.
Democracy
fund
For necessary expenses to carry out the
provisions of the Foreign Assistance Act of
1961 for the promotion of democracy globally,
$130,500,000, to remain available until
September 30, 2015, of which $70,500,000 shall
be made available for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State, and
$60,000,000 shall be made available for the
Bureau for Democracy, Conflict, and Humanitarian Assistance, United States
Agency for International Development.
department of
state
Migration and refugee
assistance
For necessary
expenses not otherwise provided for, to enable the Secretary of State to carry
out the provisions of section 2(a) and (b) of the Migration and Refugee
Assistance Act of 1962, and other activities to meet refugee and migration
needs; salaries and expenses of personnel and dependents as authorized by the
Foreign Service Act of 1980; allowances as authorized by sections 5921 through
5925 of title 5, United States Code; purchase and hire of passenger motor
vehicles; and services as authorized by section 3109 of title 5, United States
Code, $1,387,000,000, to remain available until
expended, of which not less than $35,000,000
shall be made available to respond to small-scale emergency humanitarian
requirements:
Provided, That
$15,000,000 of the funds appropriated under this
heading in this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be made available for
refugees resettling in Israel:
Provided further, That
no amounts in the previous proviso may be made available from amounts that were
designated by Congress as an emergency requirement pursuant to a concurrent
resolution on the budget or the Balanced Budget and Emergency Deficit Control
Act of 1985.
united states emergency refugee and
migration assistance fund
For
necessary expenses to carry out the provisions of section 2(c) of the Migration
and Refugee Assistance Act of 1962, as amended (22 U.S.C. 2601(c)),
$50,000,000, to remain available until
expended.
Complex foreign crises
fund
(including transfer of funds)
For necessary expenses to carry out the
provisions of the Foreign Assistance Act of 1961 to address complex foreign
challenges and crises, including to prevent or respond to emerging or
unforeseen complex crises, support political transitions in the Middle East and
North Africa, and address instability caused by conflict in Syria,
$40,000,000, to remain available until expended:
Provided, That funds appropriated
under this heading may be made available notwithstanding any other provision of
law, except for section 620M of the Foreign Assistance Act of 1961, as amended
by this Act:
Provided further, That
none of such funds may be made available for lethal assistance or to respond to
natural disasters:
Provided further, That
the Secretary of State shall be responsible for the uses of funds appropriated
under this heading:
Provided further, That
funds appropriated under this heading—
(1) may be used for administrative expenses of
departments and agencies implementing, managing, and conducting oversight of
programs funded under this heading, in addition to funds otherwise made
available for such purposes:
Provided, That such expenses may
not exceed 5 percent of the funds appropriated under this heading;
(2) may be made available, notwithstanding any
provision of this Act, for assistance for a country, program, project, or
activity in excess of any limitation on such amount in this Act;
(3) may be made available to finance enterprise
funds for Egypt, Tunisia, and Jordan:
Provided, That the first, third
and fifth provisos under section 7041(b) of division I of Public Law 112–74
shall apply to funds appropriated under this heading for an enterprise fund or
funds to the same extent and in the manner as such provision of law applied to
funds made available under such section (except that the clause excluding
subsection (d)(3) of section 201 of the SEED Act shall not apply):
Provided further,
That the authority of any such enterprise fund or funds to provide assistance
shall cease to be effective on December 31, 2024;
(4) may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974, of loan
guarantees for Egypt, Tunisia, and Jordan, which are authorized to be
provided;
(5) may be transferred to, and merged with,
funds appropriated by this Act under the heading Conflict Stabilization
Operations, and may be used for the purposes of and pursuant to the
authorities relating to funds made available under the headings
Contributions for International Peacekeeping Activities and
Nonproliferation, Anti-terrorism, Demining and Related Programs:
Provided, That any such transfer
and use shall be subject to prior consultation with the appropriate
congressional committees;
(6) shall be subject to prior consultation with
the appropriate congressional committees, and the regular notification
procedures of the Committees on Appropriations, except that such notifications
shall be transmitted at least 5 days prior to the obligation of funds.
independent
agencies
Peace corps
(including transfer of funds)
For necessary expenses to carry out the
provisions of the Peace Corps Act (22 U.S.C. 2501–2523), including the purchase
of not to exceed five passenger motor vehicles for administrative purposes for
use outside of the United States, $385,000,000,
of which $5,150,000 is for the Office of
Inspector General, to remain available until September 30, 2015:
Provided, That the Director of the
Peace Corps may transfer to the Foreign Currency Fluctuations Account, as
authorized by 22 U.S.C. 2515, an amount not to exceed
$5,000,000:
Provided further, That
funds transferred pursuant to the previous proviso may not be derived from
amounts made available for Peace Corps overseas operations:
Provided further, That
of the funds appropriated under this heading, not to exceed
$104,000 may be available for representation
expenses, of which not to exceed $4,000 may be
made available for entertainment expenses:
Provided further, That
any decision to open, close, significantly reduce, or suspend a domestic or
overseas office or country program shall be subject to prior consultation with,
and the regular notification procedures of, the Committees on Appropriations,
except that prior consultation and regular notification procedures may be
waived when there is a substantial security risk to volunteers or other Peace
Corps personnel, pursuant to section 7015(e) of this Act:
Provided further, That
none of the funds appropriated under this heading shall be used to pay for
abortions:
Provided further, That
notwithstanding the previous proviso, section 614 of division C of Public Law
112–74 shall apply to funds appropriated under this
heading.
Millennium challenge
corporation
For necessary expenses to carry out the
provisions of the Millennium Challenge Act of 2003 (MCA),
$899,000,000, to remain available until
expended:
Provided, That of the funds
appropriated under this heading, up to
$105,000,000 may be available for administrative
expenses of the Millennium Challenge Corporation (the Corporation):
Provided further, That
up to 5 percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the MCA for fiscal year
2014:
Provided further, That
section 605(e) of the MCA shall apply to funds appropriated under this heading:
Provided further, That
funds appropriated under this heading may be made available for a Millennium
Challenge Compact entered into pursuant to section 609 of the MCA only if such
Compact obligates, or contains a commitment to obligate subject to the
availability of funds and the mutual agreement of the parties to the Compact to
proceed, the entire amount of the United States Government funding anticipated
for the duration of the Compact:
Provided further, That
the Chief Executive Officer of the Corporation shall notify the Committees on
Appropriations not later than 15 days prior to commencing negotiations for any
country compact or threshold country program; signing any such compact or
threshold program; or terminating or suspending any such compact or threshold
program:
Provided further, That
funds appropriated under this heading by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs that are available to implement section 609(g) of the MCA shall be
subject to the regular notification procedures of the Committees on
Appropriations:
Provided further, That
no country shall be eligible for a threshold program after such country has
completed a country compact, and no country shall be eligible for a second
compact unless its score under the Control of Corruption indicator since
signing a first compact has significantly improved:
Provided further, That
any funds that are deobligated from a Millennium Challenge Compact shall be
subject to the regular notification procedures of the Committees on
Appropriations prior to re-obligation:
Provided further, That
notwithstanding section 606(a)(2) of the MCA, a country shall be a candidate
country for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World Bank's lower middle
income country threshold for the fiscal year and is among the 75 lowest per
capita income countries as identified by the World Bank; and the country meets
the requirements of section 606(a)(1)(B) of the MCA:
Provided further, That
notwithstanding section 606(b)(1) of the MCA, in addition to countries
described in the preceding proviso, a country shall be a candidate country for
purposes of eligibility for assistance for the fiscal year if the country has a
per capita income equal to or below the World Bank's lower middle income
country threshold for the fiscal year and is not among the 75 lowest per capita
income countries as identified by the World Bank; and the country meets the
requirements of section 606(a)(1)(B) of the MCA:
Provided further, That
any Millennium Challenge Corporation candidate country under section 606 of the
MCA with a per capita income that changes in the fiscal year such that the
country would be reclassified from a low income country to a lower middle
income country or from a lower middle income country to a low income country
shall retain its candidacy status in its former income classification for the
fiscal year and the 2 subsequent fiscal years:
Provided further, That publication in the Federal Register
of a notice of availability of a copy of a Compact on the Millennium Challenge
Corporation Web site shall be deemed to satisfy the requirements of section
610(b)(2) of the MCA for such Compact: Provided
further, That of the funds appropriated under this heading,
not to exceed $100,000 may be available for
representation and entertainment expenses, of which not to exceed
$5,000 may be available for entertainment
expenses.
Inter-american foundation
For necessary expenses to carry out the
functions of the Inter-American Foundation in accordance with the provisions of
section 401 of the Foreign Assistance Act of 1969,
$22,500,000, to remain available until September
30, 2015:
Provided, That of the funds
appropriated under this heading, not to exceed
$2,000 may be available for representation
expenses.
United States African development
foundation
For necessary
expenses to carry out title V of the International Security and Development
Cooperation Act of 1980 (Public Law 96–533),
$30,000,000, to remain available until September
30, 2015, of which not to exceed $2,000 may be
available for representation expenses:
Provided, That section 503(a) of the African Development
Foundation Act (Public Law 96–533; 22 U.S.C. 290h–1(a)) is hereby amended by
inserting United States before African
Development:
Provided further, That
funds made available to grantees may be invested pending expenditure for
project purposes when authorized by the Board of Directors of the United States
African Development Foundation (USADF):
Provided further, That
interest earned shall be used only for the purposes for which the grant was
made:
Provided further, That
notwithstanding section 505(a)(2) of the African Development Foundation Act, in
exceptional circumstances the Board of Directors of the USADF may waive the
$250,000 limitation contained in that section
with respect to a project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency fluctuation:
Provided further, That
the USADF shall provide a report to the Committees on Appropriations after each
time such waiver authority is exercised.
department of the
treasury
international affairs technical
assistance
For necessary
expenses to carry out the provisions of section 129 of the Foreign Assistance
Act of 1961, $23,500,000, to remain available
until September 30, 2016, which shall be available notwithstanding any other
provision of law.
IV
International security assistance
Department of
State
International narcotics control and law
enforcement
For necessary expenses to carry out section
481 of the Foreign Assistance Act of 1961,
$1,025,000,000, to remain available until
September 30, 2015:
Provided, That of the funds
appropriated under this heading in this Act, not less than
$550,000,000 shall be made available for rule of
law programs: Provided
further, That up to 10 percent of funds appropriated under
this heading may be made available for program development and support: Provided further, That the provision
of assistance by any other United States Government department or agency which
is comparable to assistance made available under this heading but which is
provided under any other provision of law, shall be administered in accordance
with the provisions of sections 481(b) and 622(c) of the Foreign Assistance Act
of 1961: Provided further,
That of the funds appropriated under this heading, not less than
$5,000,000 shall be made available to combat
piracy of United States copyright materials, consistent with the requirements
of section 688(a) and (b) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2008 (division J of Public Law
110–161): Provided further,
That the reporting requirements contained in section 1404 of Public Law 110–252
shall apply to funds made available by this Act, including a description of
modifications, if any, to the Palestinian Authority's security
strategy: Provided further,
That funds appropriated under this heading shall be made available for rule of
law programs for transitional and post-conflict states, and for activities to
coordinate rule of law programs among foreign governments, international and
nongovernmental organizations, and other United States Government
agencies: Provided further,
That the Department of State may use the authority of section 608 of the
Foreign Assistance Act of 1961, without regard to its restrictions, to receive
excess property from an agency of the United States Government for the purpose
of providing such property to a foreign country or international organization
under chapter 8 of part I of that Act, subject to the regular notification
procedures of the Committees on Appropriations:
Provided further, That
funds appropriated under this heading that are made available for the
International Police Peacekeeping Operations Support Program shall only be made
available on a cost-matching basis from sources other than the United States
Government:
Provided further, That
section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds
appropriated under this heading, except that any funds made available
notwithstanding such section shall be subject to the regular notification
procedures of the Committees on Appropriations.
Nonproliferation, anti-terrorism, demining
and related programs
For
necessary expenses for nonproliferation, anti-terrorism, demining and related
programs and activities, $700,000,000, to remain
available until September 30, 2015, to carry out the provisions of chapter 8 of
part II of the Foreign Assistance Act of 1961 for anti-terrorism assistance,
chapter 9 of part II of the Foreign Assistance Act of 1961, section 504 of the
FREEDOM Support Act, section 23 of the Arms Export Control Act or the Foreign
Assistance Act of 1961 for demining activities, the clearance of unexploded
ordnance, the destruction of small arms, and related activities,
notwithstanding any other provision of law, including activities implemented
through nongovernmental and international organizations, and section 301 of the
Foreign Assistance Act of 1961 for a voluntary contribution to the
International Atomic Energy Agency (IAEA), and for a United States contribution
to the Comprehensive Nuclear Test Ban Treaty Preparatory Commission:
Provided, That for the clearance of
unexploded ordnance, the Secretary of State should prioritize those areas where
such ordnance was caused by the United States:
Provided further,
That funds made available under this heading for the Nonproliferation and
Disarmament Fund shall be available notwithstanding any other provision of law
and subject to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations, to promote bilateral and multilateral
activities relating to nonproliferation, disarmament and weapons destruction,
and shall remain available until expended:
Provided further, That
such funds may also be used for such countries other than the Independent
States of the former Soviet Union and international organizations when it is in
the national security interest of the United States to do so:
Provided further, That
funds appropriated under this heading may be made available for the IAEA unless
the Secretary of State determines that Israel is being denied its right to
participate in the activities of that Agency:
Provided further, That
funds made available for conventional weapons destruction programs, including
demining and related activities, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related to the operation
and management of such programs and activities:
Provided further, That
funds appropriated under this heading that are available for
Anti-terrorism Assistance and Export Control and Border
Security shall remain available until September 30,
2015.
Peacekeeping
operations
(including transfer of funds)
For necessary expenses to carry out the
provisions of section 551 of the Foreign Assistance Act of 1961,
$250,900,000:
Provided, That funds appropriated
under this heading may be used, notwithstanding section 660 of such Act, to
provide assistance to enhance the capacity of foreign civilian security forces,
including gendarmes, to participate in peacekeeping operations:
Provided further, That
of the funds appropriated under this heading, not less than
$36,000,000 shall be made available for a United
States contribution to the Multinational Force and Observers mission in the
Sinai, of which of up to $8,000,000 may be made
available to address force protection requirements:
Provided further, That
funds transferred to, or otherwise made available under this heading, may be
used to pay assessed expenses of international peacekeeping activities in
Somalia:
Provided further, That
funds appropriated under this Act should not be used to support any military
training or operations that include child soldiers:
Provided further, That
none of the funds appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the Committees on
Appropriations.
funds appropriated to the
president
international military education and
training
For necessary
expenses to carry out the provisions of section 541 of the Foreign Assistance
Act of 1961, $105,000,000, of which up to
$4,000,000 may remain available until September
30, 2015, and may only be provided through the regular notification procedures
of the Committees on Appropriations:
Provided, That the civilian
personnel for whom military education and training may be provided under this
heading may include civilians who are not members of a government whose
participation would contribute to improved civil-military relations, civilian
control of the military, or respect for human rights:
Provided further, That
of the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment
expenses.
Foreign military financing
program
(including transfer of
funds)
For necessary expenses for grants to enable
the President to carry out the provisions of section 23 of the Arms Export
Control Act, $5,365,000,000:
Provided, That to expedite the
provision of assistance to foreign countries and international organizations,
the Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures of such
Committees, may use the funds appropriated under this heading to procure
defense articles and services to enhance the capacity of foreign security
forces:
Provided further, That
of the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants
only for Israel, and up to $1,300,000,000 should
be available for grants only for Egypt:
Provided further, That
the funds appropriated under this heading for assistance for Israel shall be
disbursed within 30 days of enactment of this Act:
Provided further, That
to the extent that the Government of Israel requests that funds be used for
such purposes, grants made available for Israel under this heading shall, as
agreed by the United States and Israel, be available for advanced weapons
systems, of which not less than $815,300,000
shall be available for the procurement in Israel of defense articles and
defense services, including research and development:
Provided further, That
funds appropriated under this heading estimated to be outlayed for Egypt during
fiscal year 2014 may be transferred to an interest bearing account for Egypt in
the Federal Reserve Bank of New York:
Provided further, That
of the funds appropriated under this heading, not less than
$300,000,000 shall be made available for
assistance for Jordan:
Provided further, That
none of the funds made available under this heading shall be made available to
support or continue any program initially funded under the authority of section
1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law
109–163; 119 Stat. 3456) unless the Secretary of State, in coordination with
the Secretary of Defense, has justified such program to the Committees on
Appropriations:
Provided further, That
funds appropriated or otherwise made available under this heading shall be
nonrepayable notwithstanding any requirement in section 23 of the Arms Export
Control Act:
Provided further, That
funds made available under this heading shall be obligated upon apportionment
in accordance with paragraph (5)(C) of title 31, United States Code, section
1501(a).
None of the funds made available under this
heading shall be available to finance the procurement of defense articles,
defense services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the foreign
country proposing to make such procurement has first signed an agreement with
the United States Government specifying the conditions under which such
procurement may be financed with such funds:
Provided, That all country and
funding level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act:
Provided further,
That funds made available under this heading may be used, notwithstanding any
other provision of law, for demining, the clearance of unexploded ordnance, and
related activities, and may include activities implemented through
nongovernmental and international organizations:
Provided further, That
only those countries for which assistance was justified for the Foreign
Military Sales Financing Program in the fiscal year 1989 congressional
presentation for security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense services or
design and construction services that are not sold by the United States
Government under the Arms Export Control Act:
Provided further, That
funds appropriated under this heading shall be expended at the minimum rate
necessary to make timely payment for defense articles and services:
Provided further, That
not more than $60,000,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering military
assistance and sales, except that this limitation may be exceeded only through
the regular notification procedures of the Committees on Appropriations:
Provided further, That
not less than 0.1 percent of the funds appropriated by this Act for assistance
for the security forces of foreign countries shall be transferred to and merged
with funds appropriated by this Act under the heading Diplomatic and
Consular Programs, except that this proviso shall not be applied to
reduce mandatory funding directives under this heading:
Provided further, That
such transferred funds shall be used for necessary expenses to enable the
Bureau of Democracy, Human Rights and Labor, Department of State to carry out
the requirements of section 620M of the Foreign Assistance Act of 1961: Provided further, That such funds
shall remain available until expended and are in addition to amounts otherwise
available for such purposes:
Provided further, That
of the funds made available under this heading for general costs of
administering military assistance and sales, not to exceed
$4,000 may be available for entertainment
expenses and not to exceed $130,000 may be
available for representation expenses:
Provided further, That
not more than $885,000,000 of funds realized
pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be obligated
for expenses incurred by the Department of Defense during fiscal year 2013
pursuant to section 43(b) of the Arms Export Control Act, except that this
limitation may be exceeded only through the regular notification procedures of
the Committees on Appropriations.
V
Multilateral assistance
Funds appropriated to the
president
International organizations and
programs
For necessary
expenses to carry out the provisions of section 301 of the Foreign Assistance
Act of 1961, and of section 2 of the United Nations Environment Program
Participation Act of 1973, $355,700,000:
Provided, That section 307(a) of
the Foreign Assistance Act of 1961 shall not apply to contributions to the
United Nations Democracy Fund:
Provided further, That
notwithstanding any other provision of law, funds appropriated under this
heading for international contributions for scientific, educational, and
cultural activities may be made available only to the World Heritage
Fund.
International financial
institutions
Global environment facility
For payment to the International Bank for
Reconstruction and Development as trustee for the Global Environment Facility
by the Secretary of the Treasury, $143,750,000,
to remain available until expended.
Contribution to the international
development association
For payment to the International Development
Association by the Secretary of the Treasury,
$1,358,500,000, to remain available until
expended:
Provided, That of the funds
appropriated under this heading, $50,000,000 may
not be obligated until the Secretary of the Treasury reports to the Committees
on Appropriations that the World Bank has agreed to allocate the equivalent of
the total amount of interest and other fees received in connection with loans
for the construction of the Chixoy Hydroelectric Dam to implement the April
2010 Reparations Plan. For
payment to the International Development Association by the Secretary of the
Treasury to satisfy commitments made by the United States to support the
Multilateral Debt Relief Initiative, including through generation of early
encashment credits, $145,300,000, to remain
available until expended.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
For payment to the International Bank for
Reconstruction and Development by the Secretary of the Treasury for the United
States share of the paid-in portion of the increases in capital stock,
$186,956,866, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONs
The United
States Governor of the International Bank for Reconstruction and Development
may subscribe without fiscal year limitation to the callable capital portion of
the United States share of increases in capital stock in an amount not to
exceed
$2,928,990,899.
Contribution to the clean technology
fund
For payment to the
International Bank for Reconstruction and Development as trustee for the Clean
Technology Fund by the Secretary of the Treasury,
$215,700,000, to remain available until
expended.
Contribution to the strategic climate
fund
For payment to the
International Bank for Reconstruction and Development as trustee for the
Strategic Climate Fund by the Secretary of the Treasury,
$68,000,000, to remain available until
expended.
Global agriculture and food security
program
For payment to the
Global Agriculture and Food Security Program by the Secretary of the Treasury,
$135,000,000, to remain available until
expended.
Contribution to the inter-american
development bank
For payment to the Inter-American
Development Bank by the Secretary of the Treasury for the United States share
of the paid-in portion of the increase in capital stock,
$102,020,448, to remain available until
expended:
Provided, That of the funds
appropriated under this heading, $25,000,000 may
not be obligated until the Secretary of the Treasury reports to the Committees
on Appropriations that the Inter-American Development Bank has agreed to
allocate the equivalent of the total amount of interest and other fees received
in connection with loans for the construction of the Chixoy Hydroelectric Dam
to implement the April 2010 Reparations Plan.
LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONS
The United
States Governor of the Inter-American Development Bank may subscribe without
fiscal year limitation to the callable capital portion of the United States
share of such capital stock in an amount not to exceed
$4,098,794,833.
CONTRIBUTION TO THE ENTERPRISE FOR THE
AMERICAS MULTILATERAL INVESTMENT FUND
For payment to the Enterprise for the
Americas Multilateral Investment Fund by the Secretary of the Treasury,
$6,298,000, to remain available until
expended.
Contribution to the asian development
bank
For payment to the Asian
Development Bank by the Secretary of the Treasury for the United States share
of the paid-in portion of increase in capital stock,
$106,585,848, to remain available until
expended.
Limitation on callable capital
subscriptions
The United
States Governor of the Asian Development Bank may subscribe without fiscal year
limitation to the callable capital portion of the United States share of such
capital stock in an amount not to exceed
$2,558,048,769.
Contribution to the asian development
fund
For payment to the Asian
Development Bank’s Asian Development Fund by the Secretary of the Treasury,
$115,250,000, to remain available until
expended.
Contribution to the african development
bank
For payment to the
African Development Bank by the Secretary of the Treasury for the United States
share of the paid-in portion of the increase in capital stock,
$32,417,720, to remain available until
expended.
LIMITATION ON CALLABLE CAPITAL
SUBSCRIPTIONS
The United
States Governor of the African Development Bank may subscribe without fiscal
year limitation to the callable capital portion of the United States share of
such capital stock in an amount not to exceed
$507,860,808.
Contribution to the african development
fund
For payment to the
African Development Fund by the Secretary of the Treasury,
$195,000,000, to remain available until
expended. For payment to the
African Development Fund by the Secretary of the Treasury to satisfy
commitments made by the United States to support the Multilateral Debt Relief
Initiative, including through generation of early encashment credits,
$30,000,000, to remain available until
expended.
Contribution to the international fund for
agricultural development
For
payment to the International Fund for Agricultural Development by the Secretary
of the Treasury, $30,000,000, to remain
available until expended.
International Monetary
Programs
United States Quota, International Monetary
Fund
For an increase in the
United States quota in the International Monetary Fund, the dollar equivalent
of 40,871,800,000 Special Drawing Rights, to remain available until expended:
Provided, That notwithstanding the
provisos under the heading International Assistance
Programs—International Monetary Programs—United States Quota, International
Monetary Fund in Public Law 111–32, the costs of the amounts provided
under this heading in this Act and in Public Law 111–32 shall be estimated on a
present value basis, excluding administrative costs and any incidental effects
on governmental receipts or outlays:
Provided further, That
for purposes of the previous proviso, the discount rate for purposes of the
present value calculation shall be the appropriate interest rate on marketable
Treasury securities:
Provided further, That
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, shall not apply to amounts under this
heading.
Loans to international monetary
fund
(including rescission of
funds)
Of the amounts provided under the heading
International Assistance Programs—International Monetary Programs—Loans
to International Monetary Fund in Public Law 111–32, the dollar
equivalent of 40,871,800,000 Special Drawing Rights is rescinded as of the date
when the rollback of the U.S. credit arrangement in the IMF’s New Arrangements
to Borrow is effective, but no earlier than when the increase of the United
States quota authorized in section 72 of the Bretton Woods Agreements Act (22
U.S.C. 286 et seq.) becomes effective:
Provided, That notwithstanding the
second through fourth provisos under the heading International
Assistance Programs—International Monetary Programs—Loans to International
Monetary Fund in Public Law 111–32, the costs of the amounts under this
heading in this Act and in Public Law 111–32 shall be estimated on a present
value basis, excluding administrative costs and any incidental effects on
governmental receipts or outlays:
Provided further, That
for purposes of the previous proviso, the discount rate for purposes of the
present value calculation shall be the appropriate interest rate on marketable
Treasury securities:
Provided further, That
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended, shall not apply to amounts under this
heading.
VI
Export and Investment Assistance
Export-Import bank of the united
states
Inspector general
For necessary expenses of the Office of
Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $5,100,000, to remain
available until September 30, 2015.
Program account
The Export-Import Bank (the Bank) of the
United States is authorized to make such expenditures within the limits of
funds and borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by section 104 of the Government Corporation
Control Act, as may be necessary in carrying out the program for the current
fiscal year for such corporation:
Provided, That none of the funds
available during the current fiscal year may be used to make expenditures,
contracts, or commitments for the export of nuclear equipment, fuel, or
technology to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear Weapons eligible
to receive economic or military assistance under this Act, that has detonated a
nuclear explosive after the date of the enactment of this Act:
Provided further, That
not less than 20 percent of the aggregate loan, guarantee, and insurance
authority available to the Bank under this Act shall be used to finance exports
directly by small business concerns (as defined under section 3 of the Small
Business Act):
Provided further, That
the Bank shall work within the Organization for Economic Cooperation and
Development (OECD) to establish carbon emissions requirements for new
coal-fired power plants that reflect best practices in the United States and
other OECD countries:
Provided further, That
the use of the aggregate loan, guarantee, and insurance authorities available
to the Bank in fiscal year 2014 shall not result in greenhouse gas emissions
from the extraction or production of fossil fuels or the use of fossil fuels in
electricity generation that exceed the average of the total emissions in the
previous 5 fiscal years resulting from the use of such authorities unless, not
less than 15 days prior to each such use of such authorities in fiscal year
2014, the Bank posts on its Web site that such use would result in emissions
exceeding this amount and indicating the amount of the increase:
Provided further, That not less than 10 percent of the
aggregate loan, guarantee, and insurance authority available to the Bank under
this Act should be used for renewable energy technologies or energy efficiency
technologies:
Provided further,
That notwithstanding section 1(c) of Public Law 103–428, as amended, sections
1(a) and (b) of Public Law 103–428 shall remain in effect through October 1,
2014.
administrative expenses
For administrative expenses to carry out the
direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by 5 U.S.C. 3109, and not to exceed
$30,000 for official reception and
representation expenses for members of the Board of Directors, not to exceed
$125,000,000, of which
$10,500,000 shall remain available until
expended:
Provided, That the Export-Import
Bank (the Bank) may accept, and use, payment or services provided by
transaction participants for legal, financial, or technical services in
connection with any transaction for which an application for a loan, guarantee
or insurance commitment has been made:
Provided further, That
notwithstanding subsection (b) of section 117 of the Export Enhancement Act of
1992, subsection (a) thereof shall remain in effect until September 30, 2015:
Provided further, That
the Bank shall charge fees for necessary expenses (including special services
performed on a contract or fee basis, but not including other personal
services) in connection with the collection of moneys owed the Bank,
repossession or sale of pledged collateral or other assets acquired by the Bank
in satisfaction of moneys owed the Bank, or the investigation or appraisal of
any property, or the evaluation of the legal, financial, or technical aspects
of any transaction for which an application for a loan, guarantee or insurance
commitment has been made, or systems infrastructure directly supporting
transactions:
Provided further,
That, in addition to other funds appropriated for administrative expenses, such
fees shall be credited to this account, to remain available until
expended.
Receipts collected
Receipts collected pursuant to the
Export-Import Bank Act of 1945, as
amended, and the Federal Credit Reform Act of
1990, as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein
appropriated from the General Fund shall be reduced on a dollar-for-dollar
basis by such offsetting collections so as to result in a final fiscal year
appropriation from the General Fund estimated at
$0:
Provided further, That
amounts collected in fiscal year 2014 in excess of obligations, up to
$10,000,000, shall become available on September
1, 2014, and shall remain available until September 30,
2017.
Overseas private investment
corporation
Noncredit account
The Overseas Private Investment Corporation
is authorized to make, without regard to fiscal year limitations, as provided
by 31 U.S.C. 9104, such expenditures and commitments within the limits of funds
available to it and in accordance with law as may be necessary:
Provided, That the amount available
for administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses which
shall not exceed $35,000) shall not exceed
$71,800,000:
Provided further, That
project-specific transaction costs, including direct and indirect costs
incurred in claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to section 234
of the Foreign Assistance Act of
1961, shall not be considered administrative expenses for the
purposes of this heading.
Program account
For the cost of direct and guaranteed loans,
$31,000,000, as authorized by section 234 of the
Foreign Assistance Act of 1961, to
be derived by transfer from the Overseas Private Investment Corporation
Noncredit Account:
Provided, That such costs,
including the cost of modifying such loans, shall be as defined in section 502
of the Congressional Budget Act of 1974:
Provided further, That
such sums shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2014, 2015, and 2016:
Provided further, That
funds so obligated in fiscal year 2014 remain available for disbursement
through 2022; funds obligated in fiscal year 2015 remain available for
disbursement through 2023; and funds obligated in fiscal year 2016 remain
available for disbursement through 2024:
Provided further, That
notwithstanding any other provision of law, the Overseas Private Investment
Corporation is authorized to undertake any program authorized by title IV of
chapter 2 of part I of the Foreign Assistance
Act of 1961 in Iraq:
Provided further, That
funds made available pursuant to the authority of the previous proviso shall be
subject to the regular notification procedures of the Committees on
Appropriations.
In addition, such sums as may be necessary
for administrative expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation Noncredit
Account and merged with said account.
Trade and development agency
For necessary expenses to carry out the
provisions of section 661 of the Foreign
Assistance Act of 1961, $62,662,000,
to remain available until September 30, 2015:
Provided, That of the funds
appropriated under this heading, not more than
$4,000 may be available for representation and
entertainment expenses.
VII
General Provisions
allowances and
differentials
7001. Funds appropriated under title I of this
Act shall be available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States Code;
for services as authorized by 5 U.S.C. 3109; and for hire of passenger
transportation pursuant to 31 U.S.C. 1343(b).
Unobligated balances
report
7002. Any department or agency of the United
States Government to which funds are appropriated or otherwise made available
by this Act shall provide to the Committees on Appropriations a quarterly
accounting of cumulative unobligated balances and obligated, but unexpended,
balances by program, project, and activity, and Treasury Account Fund Symbol of
all funds received by such department or agency in fiscal year 2014 or any
previous fiscal year, disaggregated by fiscal year:
Provided, That the report
required by this section should specify by account the amount of funds
obligated pursuant to bilateral agreements which have not been further
sub-obligated.
Consulting
services
7003. The expenditure of any appropriation under
title I of this Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public inspection,
except where otherwise provided under existing law, or under existing Executive
Order issued pursuant to existing law.
diplomatic
facilities
7004.
(a) Of funds provided under title I of this
Act, except as provided in subsection (b), a project to construct a diplomatic
facility of the United States may not include office space or other
accommodations for an employee of a Federal agency or department if the
Secretary of State determines that such department or agency has not provided
to the Department of State the full amount of funding required by subsection
(e) of section 604 of the Secure Embassy Construction and Counterterrorism Act
of 1999 (as enacted into law by section 1000(a)(7) of Public Law 106–113 and
contained in appendix G of that Act; 113 Stat. 1501A–453), as amended by
section 629 of the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2005.
(b) Notwithstanding the prohibition in
subsection (a), a project to construct a diplomatic facility of the United
States may include office space or other accommodations for members of the
United States Marine Corps.
(c) For the purposes of calculating the fiscal
year 2014 costs of providing new United States diplomatic facilities in
accordance with section 604(e) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget, shall
determine the annual program level and agency shares in a manner that is
proportional to the Department of State’s contribution for this purpose.
(d) Funds appropriated
by this Act, and any prior Act making appropriations for the Department of
State, foreign operations, and related programs, which may be made available
for the acquisition of property for diplomatic facilities in Afghanistan,
Pakistan, and Iraq, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
(e) The reporting
requirement contained in section 7004(f)(2) of division I of Public Law 112–74
shall remain in effect.
(f)
(1) Of the funds
appropriated by this Act under the headings Diplomatic and Consular
Programs and Embassy Security, Construction, and
Maintenance (from proceeds of sale only), not less than
$25,000,000 shall be made available to address
security vulnerabilities at expeditionary, interim, and temporary facilities
abroad, including physical security upgrades and local guard staffing:
Provided, That the uses of such
funds shall be the responsibility of the Assistant Secretary of State for the
Bureau of Diplomatic Security and Foreign Missions, in consultation with the
Director of the Bureau of Overseas Buildings Operations:
Provided further,
That such funds shall be subject to prior consultation with the appropriate
congressional committees.
(2) Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a report to the
appropriate congressional committees detailing the policies, standards, and
procedures for the construction and operation of expeditionary, interim, and
temporary diplomatic facilities, including any waiver of security requirements
and accommodation of temporary surges in personnel or programs:
Provided, That such report shall
include a list of all expeditionary, interim, and temporary diplomatic
facilities and the number of personnel and security costs for each such
facility:
Provided further,
That the report required by this paragraph may be submitted in classified form
if necessary.
(3) Notwithstanding any other provision
of law, the opening, closure, or any modification to an expeditionary, interim,
or temporary diplomatic facility shall be subject to prior consultation with
the appropriate congressional committees and the regular notification
procedures of the Committees on Appropriations, except that such consultation
and notification may be waived if there is a security risk to personnel.
Personnel
actions
7005. Any costs incurred by a department or
agency funded under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be absorbed within
the total budgetary resources available under title I to such department or
agency:
Provided, That the authority to
transfer funds between appropriations accounts as may be necessary to carry out
this section is provided in addition to authorities included elsewhere in this
Act:
Provided further,
That use of funds to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set forth in
that section.
LOCAL GUARD
CONTRACTS
7006. In evaluating proposals for local guard
contracts, the Secretary of State shall award contracts in accordance with
section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and
1991 (22 U.S.C. 4864), except that the Secretary may grant authorization to
award such contracts on the basis of best value as determined by a
cost-technical tradeoff analysis (as described in Federal Acquisition
Regulation part 15.101), notwithstanding subsection (c)(3) of such section:
Provided, That the authority in
this section shall apply to any options for renewal that may be exercised under
such contracts.
Prohibition against direct funding for
certain countries
7007. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act shall be obligated
or expended to finance directly any assistance or reparations for the
Governments of North Korea, Iran, or Syria:
Provided, That for purposes of
this section, the prohibition on obligations or expenditures shall include
direct loans, credits, insurance and guarantees of the Export-Import Bank or
its agents.
coups
d'état
7008. None of the funds appropriated or otherwise
made available pursuant to titles III through VI of this Act shall be obligated
or expended to finance directly any assistance to the government of any country
whose duly elected head of government is deposed by military coup d'état or
decree or, after the date of enactment of this Act, a coup d'état or decree in
which the military plays a decisive role:
Provided, That assistance may be
resumed to such government if the President certifies to the Committees on
Appropriations that subsequent to the termination of assistance a
democratically elected government has taken office:
Provided further,
That the provisions of this section shall not apply to assistance to promote
democratic elections or public participation in democratic processes:
Provided further,
That funds made available pursuant to the previous provisos shall be subject to
the regular notification procedures of the Committees on Appropriations.
Transfer
authority
7009.
(a)
Department of state and broadcasting board
of governors
(1) Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the Department of
State under title I of this Act may be transferred between, and merged with,
such appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by any such
transfers.
(2) Not to exceed 5 percent of any
appropriation made available for the current fiscal year for the Broadcasting
Board of Governors under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more than 10 percent by
any such transfers.
(3) Any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 7015(a) and (b) of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
(b)
Export financing transfer
authorities
Not to exceed 5
percent of any appropriation other than for administrative expenses made
available for fiscal year 2014, for programs under title VI of this Act may be
transferred between such appropriations for use for any of the purposes,
programs, and activities for which the funds in such receiving account may be
used, but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, That the exercise of
such authority shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c)
Limitation on transfers between
agencies
(1) None of the funds made available under
titles II through V of this Act may be transferred to any department, agency,
or instrumentality of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act or any other
appropriations Act.
(2) Notwithstanding
paragraph (1), in addition to transfers made by, or authorized elsewhere in,
this Act, funds appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred to agencies of
the United States Government pursuant to the provisions of sections 109, 610,
and 632 of the Foreign Assistance Act of 1961.
(3) Any agreement
entered into by the United States Agency for International Development (USAID)
or the Department of State with any department, agency, or instrumentality of
the United States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of
$1,000,000 and any agreement made pursuant to
section 632(a) of such Act, with funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations, and
related programs under the headings Global Health Programs,
Development Assistance, and Economic Support Fund
shall be subject to the regular notification procedures of the Committees on
Appropriations:
Provided, That the requirement in
the previous sentence shall not apply to agreements entered into between USAID
and the Department of State.
(d)
Transfers
Between Accounts
None of the funds made available under titles II
through V of this Act may be obligated under an appropriation account to which
such funds were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior to the
exercise of any authority contained in the Foreign Assistance Act of 1961 to
transfer funds, consults with and provides a written policy justification to
the Committees on Appropriations.
(e)
Audit of
Inter-agency Transfers
Any agreement for the transfer or
allocation of funds appropriated by this Act, or prior Acts, entered into
between the Department of State or USAID and another agency of the United
States Government under the authority of section 632(a) of the Foreign
Assistance Act of 1961 or any comparable provision of law, shall expressly
provide that the Inspector General (IG) for the agency receiving the transfer
or allocation of such funds, or other entity with audit responsibility if the
receiving agency does not have an IG, shall perform periodic program and
financial audits of the use of such funds:
Provided, That such audits shall
be transmitted to the Committees on Appropriations:
Provided further,
That funds transferred under such authority may be made available for the cost
of such audits.
reporting
requirement
7010. The Secretary of State shall provide the
Committees on Appropriations, not later than April 1, 2014, and for each fiscal
quarter, a report in writing on the uses of funds made available under the
headings Foreign Military Financing Program,
International Military Education and Training, and
Peacekeeping Operations:
Provided, That such report shall
include a description of the obligation and expenditure of funds, and the
specific country in receipt of, and the use or purpose of, the assistance
provided by such funds.
Availability of
funds
7011. No part of any appropriation contained in
this Act shall remain available for obligation after the expiration of the
current fiscal year unless expressly so provided in this Act:
Provided, That funds appropriated
for the purposes of chapters 1 and 8 of part I, section 661, chapters 4, 5, 6,
8, and 9 of part II of the Foreign Assistance
Act of 1961, section 23 of the Arms
Export Control Act, and funds provided under the heading
Development Credit Authority shall remain available for an
additional 4 years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially obligated before the
expiration of their respective periods of availability contained in this Act:
Provided further,
That notwithstanding any other provision of this Act, any funds made available
for the purposes of chapter 1 of part I and chapter 4 of part II of the
Foreign Assistance Act of 1961 which
are allocated or obligated for cash disbursements in order to address balance
of payments or economic policy reform objectives, shall remain available for an
additional 4 years from the date on which the availability of such funds would
otherwise have expired, if such funds are initially allocated or obligated
before the expiration of their respective periods of availability contained in
this Act:
Provided further,
That the Secretary of State shall provide a report to the Committees on
Appropriations at the beginning of each fiscal year, detailing by account and
source year, the use of this authority during the previous fiscal year.
Limitation on assistance to countries in
default
7012. No part of any appropriation provided under
titles III through VI in this Act shall be used to furnish assistance to the
government of any country which is in default during a period in excess of 1
calendar year in payment to the United States of principal or interest on any
loan made to the government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on Appropriations, that
assistance for such country is in the national interest of the United
States.
prohibition on taxation of united states
assistance
7013.
(a)
prohibition on taxation
None of the funds appropriated under titles
III through VI of this Act may be made available to provide assistance for a
foreign country under a new bilateral agreement governing the terms and
conditions under which such assistance is to be provided unless such agreement
includes a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and
the Secretary of State shall expeditiously seek to negotiate amendments to
existing bilateral agreements, as necessary, to conform with this
requirement.
(b)
reimbursement of foreign
taxes
An amount equivalent to
200 percent of the total taxes assessed during fiscal year 2014 on funds
appropriated by this Act by a foreign government or entity against United
States assistance programs for which funds are appropriated by this Act, either
directly or through grantees, contractors, and subcontractors shall be withheld
from obligation from funds appropriated for assistance for fiscal year 2015 and
allocated for the central government of such country and for the West Bank and
Gaza program to the extent that the Secretary of State certifies and reports in
writing to the Committees on Appropriations that such taxes have not been
reimbursed to the Government of the United States.
(c)
de minimis exception
Foreign taxes of a de minimis nature shall
not be subject to the provisions of subsection (b).
(d)
reprogramming of funds
Funds withheld from obligation for each
country or entity pursuant to subsection (b) shall be reprogrammed for
assistance for countries which do not assess taxes on United States assistance
or which have an effective arrangement that is providing substantial
reimbursement of such taxes, and that can reasonably accommodate such
assistance in a programmatically responsible manner.
(e)
determinations
(1) The provisions of this section shall not
apply to any country or entity the Secretary of State determines—
(A) does not assess taxes on United States
assistance or which has an effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure that United States
assistance is not subject to taxation.
(2) The Secretary of State shall consult with
the Committees on Appropriations at least 15 days prior to exercising the
authority of this subsection with regard to any country or entity.
(f)
implementation
The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the prohibition
against the taxation of assistance contained in this section.
(g)
definitions
As used in this section—
(1) the term ‘‘bilateral agreement’’ refers to
a framework bilateral agreement between the Government of the United States and
the government of the country receiving assistance that describes the
privileges and immunities applicable to United States foreign assistance for
such country generally, or an individual agreement between the Government of
the United States and such government that describes, among other things, the
treatment for tax purposes that will be accorded the United States assistance
provided under that agreement;
(2) the term
taxes and taxation shall include value added taxes and customs
duties but shall not include individual income taxes assessed to local staff or
personal services contractors.
(h)
Report
The
head of each Department or agency administering funds appropriated under titles
III through VI of this Act shall submit a report to the Committees on
Appropriations not later than 90 days after the enactment of this Act detailing
steps taken by such Department or agency to comply with the requirements
provided in subsections (a) and (f).
reservations of
funds
7014.
(a) Funds appropriated under titles II through
VI of this Act which are specifically designated may be reprogrammed for other
programs within the same account notwithstanding the designation if compliance
with the designation is made impossible by operation of any provision of this
or any other Act:
Provided, That any such
reprogramming shall be subject to the regular notification procedures of the
Committees on Appropriations:
Provided further,
That assistance that is reprogrammed pursuant to this subsection shall be made
available under the same terms and conditions as originally provided.
(b) In addition to the
authority contained in subsection (a), the original period of availability of
funds appropriated for economic assistance by this Act that are specifically
designated for particular programs or activities by this or any other Act shall
be extended for an additional fiscal year if the Secretary of State or the
Administrator of the United States Agency for International Development, as
appropriate, determines and reports promptly to the Committees on
Appropriations that the termination of assistance to a country or a significant
change in circumstances makes it unlikely that such designated funds can be
obligated during the original period of availability:
Provided, That such designated
funds that continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.
(c) Ceilings and
specifically designated funding levels contained in this Act shall not be
applicable to funds or authorities appropriated or otherwise made available by
any subsequent Act unless such Act specifically so directs:
Provided, That specifically
designated funding levels or minimum funding requirements contained in any
other Act shall not be applicable to funds appropriated by this Act.
Notification
requirements
7015.
(a) None of the funds made available in titles
I and II of this Act, or in prior appropriations Acts to the agencies and
departments funded by this Act that remain available for obligation or
expenditure in fiscal year 2014, or provided from any accounts in the Treasury
of the United States derived by the collection of fees or of currency reflows
or other offsetting collections, or made available by transfer, to the agencies
and departments funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or
activity;
(3) increases funds or personnel by any means
for any project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) closes or opens a mission or post;
(6) creates, closes, reorganizes, or renames
bureaus, centers, or offices;
(7) reorganizes programs or activities;
or
(8) contracts out or privatizes any functions
or activities presently performed by Federal employees;
unless the Committees on Appropriations are notified
15 days in advance of such reprogramming of funds:
Provided, That unless previously
justified to the Committees on Appropriations, the requirements of this
subsection shall apply to all obligations of funds appropriated under titles I
and II of this Act for paragraphs (5) and (6) of this subsection.
(b) None of the funds provided under titles I
and II of this Act, or provided under previous appropriations Acts to the
agency or department funded under titles I and II of this Act that remain
available for obligation or expenditure in fiscal year 2014, or provided from
any accounts in the Treasury of the United States derived by the collection of
fees available to the agency or department funded under title I of this Act,
shall be available for obligation or expenditure for activities, programs, or
projects through a reprogramming of funds in excess of
$1,000,000 or 10 percent, whichever is less,
that—
(1) augments existing programs, projects, or
activities;
(2) reduces by 10 percent funding for any
existing program, project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings, including
savings from a reduction in personnel, which would result in a change in
existing programs, activities, or projects as approved by Congress; unless the
Committees on Appropriations are notified 15 days in advance of such
reprogramming of funds.
(c) None of the funds made available under
titles III through VI of this Act under the headings Global Health
Programs, Development Assistance, International
Organizations and Programs, Trade and Development
Agency, International Narcotics Control and Law
Enforcement, Economic Support Fund, Democracy
Fund, Peacekeeping Operations, Conflict
Stabilization Operations, Nonproliferation, Anti-terrorism,
Demining and Related Programs, Millennium Challenge
Corporation, Foreign Military Financing Program,
International Military Education and Training, and Peace
Corps, shall be available for obligation for activities, programs,
projects, type of materiel assistance, countries, or other operations not
justified or in excess of the amount justified to the Committees on
Appropriations for obligation under any of these specific headings unless the
Committees on Appropriations are notified 15 days in advance:
Provided, That the President
shall not enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export Control Act for the provision of major defense
equipment, other than conventional ammunition, or other major defense items
defined to be aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment:
Provided further,
That requirements of this subsection or any similar provision of this or any
other Act shall not apply to any reprogramming for an activity, program, or
project for which funds are appropriated under titles III through VI of this
Act of less than 10 percent of the amount previously justified to the Congress
for obligation for such activity, program, or project for the current fiscal
year.
(d) Notwithstanding
any other provision of law, with the exception of funds transferred to, and
merged with, funds appropriated under title I of this Act, funds transferred by
the Department of Defense to the Department of State and the United States
Agency for International Development for assistance for foreign countries and
international organizations, and funds made available for programs authorized
by section 1206 of the National Defense Authorization Act for Fiscal Year 2006
(Public Law 109–163), shall be subject to the regular notification procedures
of the Committees on Appropriations.
(e) The requirements of this section or any
similar provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification procedures
of the Committees on Appropriations, may be waived if failure to do so would
pose a substantial risk to human health or welfare:
Provided, That in case of any
such waiver, notification to the Committees on Appropriations shall be provided
as early as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the context of
the circumstances necessitating such waiver:
Provided further,
That any notification provided pursuant to such a waiver shall contain an
explanation of the emergency circumstances.
(f) None of the funds appropriated under titles
III through VI of this Act shall be obligated or expended for assistance for
Afghanistan, Bahrain, Burma, Cambodia, Cuba, Egypt, Guatemala, Haiti, Honduras,
Iran, Iraq, Lebanon, Libya, Pakistan, the Russian Federation, Somalia, Sri
Lanka, South Sudan, Sudan, Syria, Tunisia, Uzbekistan, Yemen, or Zimbabwe
except as provided through the regular notification procedures of the
Committees on Appropriations.
notification on excess defense
equipment
7016. Prior to providing excess Department of
Defense articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees on
Appropriations to the same extent and under the same conditions as other
committees pursuant to subsection (f) of that section:
Provided, That before issuing a
letter of offer to sell excess defense articles under the Arms Export Control
Act, the Department of Defense shall notify the Committees on Appropriations in
accordance with the regular notification procedures of such Committees if such
defense articles are significant military equipment (as defined in section
47(9) of the Arms Export Control Act) or are valued (in terms of original
acquisition cost) at $7,000,000 or more, or if
notification is required elsewhere in this Act for the use of appropriated
funds for specific countries that would receive such excess defense articles:
Provided further,
That such Committees shall also be informed of the original acquisition cost of
such defense articles.
Limitation on availability of funds for
international organizations and programs
7017. Subject to the regular notification
procedures of the Committees on Appropriations, funds appropriated under titles
III through VI of this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs, which are
returned or not made available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act of 1961 or
section 7049(a) of this Act, shall remain available for obligation until
September 30, 2015:
Provided, That section 307(a) of
the Foreign Assistance Act of 1961 is amended by striking
Burma,.
Prohibition on funding for abortions and
involuntary sterilization
7018. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended, may be used to
pay for the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds made
available to carry out part I of the Foreign Assistance Act of 1961, as
amended, may be used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial incentive to
any person to undergo sterilizations. None of the funds made available to carry
out part I of the Foreign Assistance Act of 1961, as amended, may be used to
pay for any biomedical research which relates in whole or in part, to methods
of, or the performance of, abortions or involuntary sterilization as a means of
family planning. None of the funds made available to carry out part I of the
Foreign Assistance Act of 1961, as amended, may be obligated or expended for
any country or organization if the President certifies that the use of these
funds by any such country or organization would violate any of the above
provisions related to abortions and involuntary sterilizations.
allocations
7019.
(a) Funds provided in this Act shall be made
available for programs and countries in the amounts contained in the respective
tables included in the report accompanying this Act.
(b) For the purposes
of implementing this section and only with respect to the tables included in
the report accompanying this Act, the Secretary of State, the Administrator of
the United States Agency for International Development, and the Broadcasting
Board of Governors, as appropriate, may propose deviations to the amounts
referenced in subsection (a), subject to the regular notification procedures of
the Committees on Appropriations.
Representation and Entertainment
Expenses
7020.
(a) Each Federal department, agency, or entity
funded in titles I and II of this Act, and the Department of the Treasury and
independent agencies funded in titles III and VI of this Act, shall take steps
to ensure that domestic and overseas representation and entertainment expenses
further official agency business and United States foreign policy interests and
are—
(1) primarily for
fostering relations outside of the Executive Branch;
(2) principally for
meals and events of a protocol nature;
(3) not for
employee-only events; and
(4) do not include
activities that are substantially of a recreational character.
(b) None of the funds appropriated or otherwise
made available by this Act under the headings International Military
Education and Training or Foreign Military Financing
Program for Informational Program activities or under the headings
Global Health Programs, Development Assistance,
and Economic Support Fund may be obligated or expended to pay
for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that
are substantially of a recreational character, including but not limited to
entrance fees at sporting events, theatrical and musical productions, and
amusement parks.
prohibition on assistance to
governments supporting international terrorism
7021.
(a)
Lethal Military
Equipment Exports
(1) None of the funds appropriated or otherwise
made available by titles III through VI of this Act may be available to any
foreign government which provides lethal military equipment to a country the
government of which the Secretary of State has determined supports
international terrorism for purposes of section 6(j) of the Export
Administration Act of 1979:
Provided, That the prohibition
under this section with respect to a foreign government shall terminate 12
months after that government ceases to provide such military equipment:
Provided further,
That this section applies with respect to lethal military equipment provided
under a contract entered into after October 1, 1997.
(2) Assistance
restricted by paragraph (1) or any other similar provision of law, may be
furnished if the President determines that to do so is important to the
national interests of the United States.
(3) Whenever the
President makes a determination pursuant to paragraph (2), the President shall
submit to the Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation of the
assistance to be provided, the estimated dollar amount of such assistance, and
an explanation of how the assistance furthers United States national
interests.
(b)
Bilateral
Assistance
(1) Funds appropriated for bilateral assistance
in titles III through VI of this Act and funds appropriated under any such
title in prior acts making appropriations for the Department of State, foreign
operations, and related programs, shall not be made available to any foreign
government which the President determines—
(A) grants sanctuary
from prosecution to any individual or group which has committed an act of
international terrorism;
(B) otherwise supports
international terrorism; or
(C) is controlled by
an organization designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.
(2) The President may
waive the application of paragraph (1) to a government if the President
determines that national security or humanitarian reasons justify such waiver:
Provided, That the President
shall publish each such waiver in the Federal Register and, at least 15 days
before the waiver takes effect, shall notify the Committees on Appropriations
of the waiver (including the justification for the waiver) in accordance with
the regular notification procedures of the Committees on Appropriations.
Authorization
requirements
7022. Funds appropriated by this Act, except
funds appropriated under the heading Trade and Development
Agency, may be obligated and expended notwithstanding section 10 of
Public Law 91–672, section 15 of the State
Department Basic Authorities Act of 1956, section 313 of the
Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103–236), and section 504(a)(1) of the
National Security Act of 1947 (50 U.S.C. 414(a)(1)).
definition of program, project,
and activity
7023. For the purpose of titles II through VI of
this Act program, project, and activity shall be defined at the
appropriations Act account level and shall include all appropriations and
authorizations Acts funding directives, ceilings, and limitations with the
exception that for the following accounts: Economic Support Fund
and Foreign Military Financing Program, program, project,
and activity shall also be considered to include country, regional, and
central program level funding within each such account; and for the development
assistance accounts of the United States Agency for International Development,
program, project, and activity shall also be considered to
include central, country, regional, and program level funding, either
as—
(1) justified to the
Congress; or
(2) allocated by the
executive branch in accordance with a report, to be provided to the Committees
on Appropriations within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961.
Authorities for the peace corps,
inter-american foundation and united states african development
foundation
7024. Unless expressly provided to the contrary,
provisions of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of State, foreign
operations, and related programs, shall not be construed to prohibit activities
authorized by or conducted under the Peace Corps Act, the Inter-American
Foundation Act or the African Development Foundation Act:
Provided, That prior to
conducting activities in a country for which assistance is prohibited, the
agency shall consult with the Committees on Appropriations and report to such
Committees within 15 days of taking such action.
commerce, trade and surplus
commodities
7025.
(a) None of the funds appropriated or made
available pursuant to titles III through VI of this Act for direct assistance
and none of the funds otherwise made available to the Export-Import Bank and
the Overseas Private Investment Corporation shall be obligated or expended to
finance any loan, any assistance or any other financial commitments for
establishing or expanding production of any commodity for export by any country
other than the United States, if the commodity is likely to be in surplus on
world markets at the time the resulting productive capacity is expected to
become operative and if the assistance will cause substantial injury to United
States producers of the same, similar, or competing commodity:
Provided, That such prohibition
shall not apply to the Export-Import Bank if in the judgment of its Board of
Directors the benefits to industry and employment in the United States are
likely to outweigh the injury to United States producers of the same, similar,
or competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations:
Provided further,
That this subsection shall not prohibit—
(1) activities in a
country that is eligible for assistance from the International Development
Association, is not eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is furnished; or
(2) activities in a
country the Secretary of State determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(b) None of the funds
appropriated by this or any other Act to carry out chapter 1 of part I of the
Foreign Assistance Act of 1961 shall be available for any testing or breeding
feasibility study, variety improvement or introduction, consultancy,
publication, conference, or training in connection with the growth or
production in a foreign country of an agricultural commodity for export which
would compete with a similar commodity grown or produced in the United States:
Provided, That this subsection
shall not prohibit—
(1) activities
designed to increase food security in developing countries where such
activities will not have a significant impact on the export of agricultural
commodities of the United States;
(2) research
activities intended primarily to benefit American producers;
(3) activities in a
country that is eligible for assistance from the International Development
Association, is not eligible for assistance from the International Bank for
Reconstruction and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is furnished; or
(4) activities in a
country the Secretary of State determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(c) The Secretary of the Treasury shall
instruct the United States Executive Directors of the international financial
institutions, as defined in section 7029(f) of this Act, to use the voice and
vote of the United States to oppose any assistance by such institutions, using
funds appropriated or made available by this Act, for the production or
extraction of any commodity or mineral for export, if it is in surplus on world
markets and if the assistance will cause substantial injury to United States
producers of the same, similar, or competing commodity.
separate
accounts
7026.
(a)
Separate Accounts for
Local Currencies
(1) If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961 under agreements which result
in the generation of local currencies of that country, the Administrator of the
United States Agency for International Development (USAID) shall—
(A) require that local
currencies be deposited in a separate account established by that
government;
(B) enter into an
agreement with that government which sets forth—
(i) the amount of the
local currencies to be generated; and
(ii) the terms and
conditions under which the currencies so deposited may be utilized, consistent
with this section; and
(C) establish by
agreement with that government the responsibilities of USAID and that
government to monitor and account for deposits into and disbursements from the
separate account.
(2)
Uses of local
currencies
As may be agreed upon with the foreign government,
local currencies deposited in a separate account pursuant to subsection (a), or
an equivalent amount of local currencies, shall be used only—
(A) to carry out
chapter 1 or 10 of part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), for such purposes as—
(i) project and sector
assistance activities; or
(ii) debt and deficit
financing; or
(B) for the
administrative requirements of the United States Government.
(3)
Programming
accountability
USAID shall take all necessary steps to ensure
that the equivalent of the local currencies disbursed pursuant to subsection
(a)(2)(A) from the separate account established pursuant to subsection (a)(1)
are used for the purposes agreed upon pursuant to subsection (a)(2).
(4)
Termination of
assistance programs
Upon termination of assistance to a country
under chapter 1 or 10 of part I or chapter 4 of part II of the Foreign
Assistance Act of 1961 (as the case may be), any unencumbered balances of funds
which remain in a separate account established pursuant to subsection (a) shall
be disposed of for such purposes as may be agreed to by the government of that
country and the United States Government.
(5)
Reporting
requirement
The USAID Administrator shall report on an annual
basis as part of the justification documents submitted to the Committees on
Appropriations on the use of local currencies for the administrative
requirements of the United States Government as authorized in subsection
(a)(2)(B), and such report shall include the amount of local currency (and
United States dollar equivalent) used and/or to be used for such purpose in
each applicable country.
(b)
Separate
Accounts for Cash Transfers
(1) If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I or chapter 4
of part II of the Foreign Assistance Act of 1961, as cash transfer assistance
or as nonproject sector assistance, that country shall be required to maintain
such funds in a separate account and not commingle them with any other
funds.
(2)
Applicability of
other provisions of law
Such funds may be obligated and expended
notwithstanding provisions of law which are inconsistent with the nature of
this assistance including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference accompanying House Joint
Resolution 648 (House Report No. 98–1159).
(3)
Notification
At
least 15 days prior to obligating any such cash transfer or nonproject sector
assistance, the President shall submit a notification through the regular
notification procedures of the Committees on Appropriations, which shall
include a detailed description of how the funds proposed to be made available
will be used, with a discussion of the United States interests that will be
served by the assistance (including, as appropriate, a description of the
economic policy reforms that will be promoted by such assistance).
(4)
Exemption
Nonproject
sector assistance funds may be exempt from the requirements of subsection
(b)(1) only through the regular notification procedures of the Committees on
Appropriations.
eligibility for
assistance
7027.
(a)
Assistance through nongovernmental
organizations
Restrictions
contained in this or any other Act with respect to assistance for a country
shall not be construed to restrict assistance in support of programs of
nongovernmental organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part II
of the Foreign Assistance Act of 1961:
Provided, That before using the
authority of this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the Committees on
Appropriations under the regular notification procedures of those committees,
including a description of the program to be assisted, the assistance to be
provided, and the reasons for furnishing such assistance:
Provided further,
That nothing in this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary sterilizations contained
in this or any other Act.
(b)
Public
law 480
During fiscal year
2014, restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance under
the Food for Peace Act (Public Law 83–480), as amended:
Provided, That none of the funds
appropriated to carry out title I of such Act and made available pursuant to
this subsection may be obligated or expended except as provided through the
regular notification procedures of the Committees on Appropriations.
(c)
Exception
This section shall not apply—
(1) with respect to section 620A of the Foreign
Assistance Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign
Assistance Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally
recognized human rights.
impact on jobs in the united
states
7028. None of the funds appropriated under titles
III through VI of this Act may be obligated or expended to provide—
(1) any financial
incentive to a business enterprise currently located in the United States for
the purpose of inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the number of
employees of such business enterprise in the United States because United
States production is being replaced by such enterprise outside the United
States; or
(2) assistance for any
program, project, or activity that contributes to the violation of
internationally recognized workers rights, as defined in section 507(4) of the
Trade Act of 1974, of workers in the recipient country, including any
designated zone or area in that country:
Provided, That the application of
section 507(4) (D) and (E) of such Act should be commensurate with the level of
development of the recipient country and sector, and shall not preclude
assistance for the informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture.
International financial
institutions
7029.
(a) None of the funds appropriated under title
V of this Act may be made as payment to any international financial institution
while the United States executive director to such institution is compensated
by the institution at a rate which, together with whatever compensation such
executive director receives from the United States, is in excess of the rate
provided for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or while any
alternate United States executive director to such institution is compensated
by the institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section 5316 of
title 5, United States Code.
(b) The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to oppose any loan, grant, strategy or policy of such institution
that would require user fees or service charges on poor people for primary
education or primary healthcare, including maternal and child health, and the
prevention, care and treatment of HIV/AIDS, malaria, and tuberculosis in
connection with such institution's financing programs.
(c) The Secretary of the Treasury shall
instruct the United States Executive Director of the International Monetary
Fund (IMF) to use the voice and vote of the United States to oppose any loan,
project, agreement, memorandum, instrument, plan, or other program of the IMF
to a Heavily Indebted Poor Country that imposes budget caps or restraints that
do not allow the maintenance of or an increase in governmental spending on
healthcare or education; and to promote government spending on healthcare,
education, agriculture and food security, or other critical safety net programs
in all of the IMF’s activities with respect to Heavily Indebted Poor
Countries.
(d) The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to seek to ensure that each such institution responds to the
findings and recommendations of its accountability mechanisms by providing just
compensation or other appropriate redress to individuals and communities that
suffer violations of human rights, including forced displacement, resulting
from any loan, grant, strategy or policy of such institution.
(e) For the purposes of this Act
international financial institutions shall mean the
International Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the
Inter-American Development Bank, the International Monetary Fund, the Asian
Development Bank, the Asian Development Fund, the Inter-American Investment
Corporation, the North American Development Bank, the European Bank for
Reconstruction and Development, the African Development Bank, and the African
Development Fund.
debt-for-development
7030. In order to enhance the continued
participation of nongovernmental organizations in economic assistance
activities and debt-for-development and debt-for-nature exchanges, a
nongovernmental organization which is a grantee or contractor of the United
States Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result of
economic assistance provided under title III of this Act and, subject to the
regular notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose for which the
assistance was provided to that organization.
FINANCIAL MANAGEMENT AND BUDGET
TRANSPARENCY
7031.
(a)
Limitation on direct
government-to-Government assistance
(1) Funds appropriated by this Act may be made
available for direct government-to-government assistance only if—
(A) each implementing agency or ministry to
receive assistance has been assessed and is considered to have the systems
required to manage such assistance and any identified vulnerabilities or
weaknesses of such agency or ministry have been addressed; and
(i) the recipient agency or ministry employs
and utilizes staff with the necessary technical, financial, and management
capabilities;
(ii) the recipient agency or ministry has
adopted competitive procurement policies and systems;
(iii) effective monitoring and evaluation systems
are in place to ensure that such assistance is used for its intended purposes;
and
(iv) no level of acceptable fraud is
assumed.
(B) the recipient
government is in compliance with the principles set forth in section 7013 of
this Act;
(C) the recipient
agency or ministry is not headed or controlled by an organization designated as
a foreign terrorist organization under section 219 of the Immigration and
Nationality Act; and
(D) the Government of
the United States and the government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use of such assistance,
which should be made available on a cost-reimbursable basis.
(2) In addition to
the requirements in subsection (a), no funds may be made available for direct
government-to-government assistance without prior consultation with, and
notification of, the Committees on Appropriations:
Provided, That such notification
shall contain an explanation of how the proposed activity meets the
requirements of paragraph (1):
Provided further,
That the requirements of this paragraph shall only apply to direct
government-to-government assistance in excess of
$10,000,000 and all funds available for cash
transfer, budget support, and cash payments to individuals.
(3) The Administrator
of the United States Agency for International Development (USAID) or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or the Secretary has
credible information of material misuse of such assistance, unless the
Administrator or the Secretary reports to the Committees on Appropriations that
it is in the national interest of the United States to continue such
assistance, including a justification.
(4) The Secretary of
State shall submit to the Committees on Appropriations, concurrent with the
fiscal year 2015 congressional budget justification materials, amounts planned
for assistance described in subsection (a) by country, proposed funding amount,
source of funds, and type of assistance.
(5) Not later than 6
months after the enactment of this Act, the USAID Administrator shall submit to
the Committees on Appropriations a report that—
(A) details all
assistance described in subsection (a) provided during the previous 6-month
period by country, funding amount, source of funds, and type of such
assistance; and
(B) the type of
procurement instrument or mechanism utilized and whether the assistance was
provided on a reimbursable basis.
(b)
National budget and contract
transparency
(1)
Minimum Requirements of Fiscal
Transparency
Not later than
90 days after enactment of this Act, the Secretary of State, in consultation
with the heads of other relevant Federal agencies, shall develop for each
government receiving assistance appropriated by this Act, minimum
requirements of fiscal transparency which shall be updated and
strengthened, as appropriate, to reflect best practices.
(2)
Definition
For purposes of paragraph (1),
minimum requirements of fiscal transparency are requirements
consistent with those in subsection (a)(1), and the public disclosure of
national budget information (to include receipts and expenditures by ministry)
and government contracts and licenses for natural resource extraction (to
include bidding and concession allocation practices).
(3)
Determination and Report
For each government identified pursuant to
paragraph (1), the Secretary of State, not later than 180 days after enactment
of this Act, shall make a determination of significant progress
or no significant progress in meeting the minimum requirements
of fiscal transparency, and make such determinations publicly available in an
annual Fiscal Transparency Report to be posted on the Department
of State’s Web site:
Provided, That the Secretary
shall identify the significant progress made by each such government to
publicly disclose national budget information which is additional to such
information disclosed in previous fiscal years, and include specific
recommendations of steps such government should take to improve budget
transparency.
(4)
Assistance
Funds appropriated under title III of this
Act should be made available for programs and activities to assist governments
identified pursuant to paragraph (1) to improve budget transparency and to
support civil society organizations in such countries that promote budget
transparency:
Provided, That such sums shall be
in addition to funds otherwise made available for such purposes.
(c)
Anti-Kleptocracy and Human Rights
(1) Officials of foreign governments and their
immediate family members who the Secretary of State has credible information
have been involved in significant corruption, including corruption related to
the extraction of natural resources, or a gross violation of human rights shall
be ineligible for entry into the United States.
(2) Individuals shall not be ineligible if
entry into the United States would further important United States law
enforcement objectives or is necessary to permit the United States to fulfill
its obligations under the United Nations Headquarters Agreement:
Provided, That nothing in
paragraph (1) shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would serve a
compelling national interest or that the circumstances which caused the
individual to be ineligible have changed sufficiently.
(4) Not later than 6 months after enactment of
this Act, the Secretary of State shall submit a report, including a classified
annex if necessary, to the Committees on Appropriations describing the
information relating to corruption or violation of human rights concerning each
of the individuals found ineligible in the previous 12 months pursuant to
paragraph (1), or who would be ineligible but for the application of paragraph
(2), a list of any waivers provided under paragraph (3), and the justification
for each waiver.
(5) Any unclassified portion of the report
required under paragraph (4) shall be posted on the Department of State’s Web
site, without regard to the requirements of section 222(f) of the Immigration
and Nationality Act (8 U.S.C. 1202(f)) with respect to confidentiality of
records pertaining to the issuance or refusal of visas or permits to enter the
United States.
(d)
Foreign assistance web site
Funds appropriated by this Act under titles
I and III may be made available to support the provision of additional
information on United States Government foreign assistance on the Department of
State's foreign assistance Web site:
Provided, That all Federal
agencies funded under this Act shall provide such information on foreign
assistance, upon request, to the Department of State.
Democracy
Programs
7032.
(a) Of the funds appropriated by this Act, not
less than $2,854,595,000 should be made
available for democracy programs, as defined in subsection (c).
(b) Funds made available by this Act for
democracy programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy (NED), any
regulation.
(c) For purposes of funds appropriated by this
Act, the term democracy programs means programs that support good
governance, credible and competitive elections, freedom of expression,
association, assembly, and religion, human rights, labor rights, independent
media, and the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental organizations and
institutions, and citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens:
Provided, That such term shall
also include programs to rescue scholars from countries denying freedom of
expression.
(d) With respect to the provision of assistance
for democracy, human rights, and governance activities in this Act, the
organizations implementing such assistance, the specific nature of that
assistance, and the participants in such programs shall not be subject to the
prior approval by the government of any foreign country:
Provided, That the Secretary of
State, in coordination with the Administrator of the United States Agency for
International Development (USAID), shall report to the Committees on
Appropriations, not later than 120 days after enactment of this Act, detailing
steps taken by the Department of State and USAID to comply with the
requirements of this subsection.
(e) Funds appropriated by this Act that are
made available for democracy programs shall be made available to support
freedom of religion, including in the Middle East and North Africa.
(f) Any funds made available by this Act for a
business and human rights program in the People’s Republic of China shall be
made available on a cost-matching basis from sources other than the United
States Government.
(g) The Bureau for Democracy, Human Rights, and
Labor, Department of State (DRL) and the Bureau for Democracy, Conflict and
Humanitarian Assistance, USAID, shall regularly communicate their planned
programs to the NED.
(h) Funds appropriated by this Act under the
heading Democracy Fund that are made available to DRL shall be
made available to establish and maintain a database of prisons and gulags in
North Korea, including a list of political prisoners, and such database shall
be regularly updated and made publicly available on the Internet, as
appropriate.
(i) Of the funds appropriated by this Act under
the headings Economic Support Fund and Democracy
Fund that are made available for democracy programs, up to
$4,000,000 may be used for the administrative
costs of democracy programs.
Multi-year
pledges
7033. None of the funds appropriated by this Act
may be used to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless such
pledge was—
(1) previously justified, including the
projected future year costs, in a congressional budget justification;
(2) included in an Act making appropriations
for the Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;
(3) notified in accordance with the regular
notification procedures of the Committees on Appropriations, including the
projected future year costs; or
(4) the subject of prior consultation with the
Committees on Appropriations and such consultation was conducted at least 7
days in advance of the pledge.
special
provisions
7034.
(a)
Victims of war, displaced children, and
displaced burmese
Funds
appropriated in titles III and VI of this Act that are made available for
victims of war, displaced children, displaced Burmese, and to combat
trafficking in persons and assist victims of such trafficking, may be made
available notwithstanding any other provision of law.
(b)
Reconstituting civilian police
authority
In providing
assistance with funds appropriated by this Act under section 660(b)(6) of the
Foreign Assistance Act of 1961, support for a nation emerging from instability
may be deemed to mean support for regional, district, municipal, or other
sub-national entity emerging from instability, as well as a nation emerging
from instability.
(c)
World food program
Funds managed by the Bureau for Democracy,
Conflict, and Humanitarian Assistance, United States Agency for International
Development (USAID), from this or any other Act, may be made available as a
general contribution to the World Food Program, notwithstanding any other
provision of law.
(d)
Disarmament, demobilization and
reintegration
Notwithstanding
any other provision of law, regulation or Executive order, funds appropriated
by this Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs under the headings Economic
Support Fund, Peacekeeping Operations,
International Disaster Assistance, Complex Foreign Crises
Fund , and Transition Initiatives may be made available
to support programs to disarm, demobilize, and reintegrate into civilian
society former members of foreign terrorist organizations:
Provided, That the Secretary of
State shall consult with the Committees on Appropriations prior to the
obligation of funds pursuant to this subsection:
Provided further,
That for the purposes of this subsection the term foreign terrorist
organization means an organization designated as a terrorist
organization under section 219 of the Immigration and Nationality Act.
(e)
Protections and Remedies for Employees of
Diplomatic Missions and International Organizations
The Secretary of State shall implement
section 203(a)(2) of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 (Public Law 110–457):
Provided, That in determining
whether to suspend the issuance of A–3 or G–5 visas under such section, the
Secretary should consider the following as credible evidence:
(1) a final court judgment (including a default judgment) issued against a
current or former employee of such mission or organization (for which the time
period for appeal has expired); (2) the issuance of a T-visa to the victim; or
(3) a request by the Department of State to the sending state that immunity of
individual diplomats or family members be waived to permit criminal
prosecution:
Provided further,
That the Secretary should assist in obtaining payment of final court judgments
awarded to A–3 and G–5 visa holders, including encouraging the sending states
to provide compensation directly to victims:
Provided further,
That the Secretary shall include in the Trafficking in Persons annual report a
concise summary of each trafficking case involving an A–3 or G–5 visa holder
which meets one or more of the items in the first proviso of this
subsection.
(f)
Modification of amendment
Section 620M of the
Foreign Assistance Act of 1961
(Limitation on Assistance to Security Forces) is amended in subsection (d)(5)
by inserting , equipment, or other types of assistance after
training.
(g)
Extension of authorities
(1) Section 1(b)(2) of the Passport Act of June
4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting September
30, 2014 for September 30, 2010.
(2) The authority provided by section 301(a)(3)
of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4831(a)(3)) shall remain in effect for facilities in Iraq and Afghanistan
through September 30, 2014, except that the notification and reporting
requirements contained in such section shall include the Committees on
Appropriations.
(3) The authority contained in section 1115(d)
of Public Law 111–32 shall remain in effect through September 30, 2014.
(4) Section 824(g) of the Foreign Service Act
of 1980 (22 U.S.C. 4064(g)) shall be applied by substituting September
30, 2014 for October 1, 2010 in paragraph (2).
(5) Section 61(a) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2733(a)) shall be applied by substituting
September 30, 2014 for October 1, 2010 in
paragraph (2).
(6) Section 625(j)(1) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2385(j)(1)) shall be applied by substituting
September 30, 2014 for October 1, 2010 in
subparagraph (B).
(7)
(A) Subject to the limitation described in
subparagraph (B), the authority provided by section 1113 of the Supplemental
Appropriations Act, 2009 (Public Law 111–32; 123 Stat. 1904) shall remain in
effect through September 30, 2014.
(B) The authority described in subparagraph (A)
may not be used to pay an eligible member of the Foreign Service (as defined in
section 1113(b) of the Supplemental Appropriations Act, 2009) a locality-based
comparability payment (stated as a percentage) that exceeds two-thirds of the
amount of the locality-based comparability payment (stated as a percentage)
that would be payable to such member under section 5304 of title 5, United
States Code, if such member’s official duty station were in the District of
Columbia.
(8) The Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1990 (Public Law 101–167) is
amended—
(A) In section 599D (8 U.S.C. 1157
note)—
(i) in subsection (b)(3), by striking
and 2013 and inserting 2013, and 2014; and
(ii) in subsection (e), by striking
2013 each place it appears and inserting 2014;
and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking 2013 and inserting
2014.
(9) The authorities provided in section 1015(b)
of Public Law 111–212 shall remain in effect through September 30, 2014.
(h)
Government Expenditures
Funds appropriated under title III and
under the heading International Narcotics Control and Law
Enforcement in this Act should not be made available for assistance for
any government for programs or activities in fiscal year 2014 if such
government has reduced its own expenditures for such programs or activities as
a result of assistance provided in prior fiscal years and for reasons that are
inconsistent with the purposes of such assistance.
(i)
Crowd control
items
Funds appropriated by this Act may not be used for tear
gas, small arms, light weapons, ammunition, or other items for crowd control
purposes for foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries undergoing
democratic transition.
(j)
Extension of
rewards
Section 36 of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708) is amended—
(1) in subsection
(a)(2), by inserting serious violations of international humanitarian
law, transnational organized crime, after international
narcotics trafficking,; and
(2) by adding at the
end the following new paragraph:
(8) the arrest or
conviction in any country, or the transfer to or conviction by an international
criminal tribunal (including a hybrid or mixed tribunal), of any foreign
national accused of war crimes, crimes against humanity, or genocide, as
defined under the statute of such
tribunal.
.
(k)
Extensions
(1) Section 1244 of
Public Law 110–181, as amended, is further amended by adding at the end of
subsection (c)(3)(B) the following new subparagraph:
(C)
Fiscal year
2014
Any unused balance of the total number of principal aliens
who may be provided special immigrant status under this subsection in fiscal
years 2008 through 2013 may be carried forward and provided through the end of
fiscal year 2014, notwithstanding the provisions of subparagraphs (A) and (B),
and consistent with relevant terms of subsection (b), except that the one year
period during which an alien must have been employed in accordance with
subsection (b)(1) shall be the period from March 20, 2003 through September 30,
2013, and except that the principal alien seeking special immigrant status
under this subparagraph shall apply to the Chief of Mission in accordance with
subsection (b)(4) no later than September 30,
2014.
.
(2) Section 602(b) of
Public Law 111–8 is amended by adding at the end of subsection
602(b)(3)(C):
(D)
Fiscal year
2015
For fiscal year 2015, the total number of principal aliens
who may be provided special immigrant status under this section may not exceed
3,000 per year, except that any unused balance of the total number of principal
aliens who may be provided special immigrant status in fiscal year 2015, in
addition to any unused balance of the total number of principal aliens who may
be provided special immigrant status under paragraph (A) of this subsection in
fiscal years 2009 through 2013, may be carried forward and provided through the
end of fiscal year 2015, notwithstanding the provisions of paragraph (C),
except that the alien must have been employed in accordance with subsection
(b)(2)(A)(ii) on or after October 7, 2001 for not less than 1 year, and except
that the principal alien seeking special immigrant status under this
subparagraph shall apply to the Chief of Mission in accordance with subsection
(b)(2)(D) no later than September 30,
2014.
.
(l)
Department of
state working capital fund
Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the Working
Capital Fund may only be used for the activities and in the amounts allowed in
the President’s fiscal year 2014 budget:
Provided, That Federal agency
components shall be charged only for their direct usage of each Working Capital
Fund service:
Provided further,
That Federal agency components may only pay for Working Capital Fund services
that are consistent with the component’s purpose and authorities:
Provided further,
That the Working Capital Fund shall be paid in advance or reimbursed at rates
which will return the full cost of each service:
Provided further,
That the Working Capital Fund shall be subject to the requirements of section
7015 of this Act.
(m)
Contingencies
During
fiscal year 2014, the President may use up to
$100,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other provision of
law.
(n)
Limitations
(1)
(A) None of the funds
appropriated under the heading Economic Support Fund in this Act
may be made available for assistance for the Palestinian Authority, if after
the date of enactment of this Act—
(i) the Palestinians obtain the same
standing as member states or full membership as a state in the United Nations
or any specialized agency thereof outside an agreement negotiated between
Israel and the Palestinians; or
(ii) the Palestinians initiate an
International Criminal Court judicially authorized investigation, or actively
support such an investigation, that subjects Israeli nationals to an
investigation for alleged crimes against Palestinians.
(B) The Secretary of State may waive the
restrictions in subparagraph (A) if the Secretary certifies to the Committees
on Appropriations that to do so is in the national security interest of the
United States, and submits a report to such Committees detailing how the waiver
and the continuation of assistance would assist in furthering Middle East
peace.
(2)
(A) The President may waive
the provisions of section 1003 of Public Law 100–204 if the President certifies
in writing to the Speaker of the House of Representatives, the President pro
tempore of the Senate, and the Committees on Appropriations that the
Palestinians have not, after the date of enactment of this Act, obtained in the
United Nations or any specialized agency thereof the same standing as member
states or full membership as a state outside an agreement negotiated between
Israel and the Palestinians.
(B) Not less than 90 days after the
President is unable to make the certification pursuant to subparagraph (A), the
President may waive section 1003 of Public Law 100–204 if the President
certifies in writing to the Speaker of the House of Representatives, the
President pro tempore of the Senate, and the Committees on Appropriations that
the Palestinians have entered into direct and meaningful negotiations with
Israel:
Provided, That any waiver of the
provisions of section 1003 of Public Law 100–204 under subparagraph (A) of this
paragraph or under previous provisions of law must expire before the waiver
under the preceding sentence may be exercised.
(C) Any waiver pursuant to this paragraph
shall be effective for no more than a period of 6 months at a time and shall
not apply beyond 12 months after the enactment of this Act.
(o)
Global Women's
Issues
In furtherance of the Presidential Memorandum of January
30, 2013, there is hereby established an Office of Global Women’s Issues headed
by a Coordinator for Global Women’s Issues designated by the Secretary of
State, who may also be appointed as an Ambassador-at-Large, and who shall, to
the extent the Secretary may direct, provide guidance and direction on
assistance provided for these or related purposes, in consultation, as
appropriate, with the USAID Senior Coordinator for Gender Equality and Women’s
Empowerment.
(p)
Microenterprise
and microfinance
(1) Notwithstanding
the requirements of section 245(a)(1) and (2) of the Foreign Assistance Act of
1961, the USAID Administrator may certify, pursuant to section 254(a)(3) of
such Act, poverty assessment tools developed by an organization other than
USAID.
(2) Section 258(b) of
the Foreign Assistance Act of 1961 is amended as follows:
(A) by striking
paragraph (1) and paragraphs (6) through (11); and
(B) by redesignating
paragraphs (2) through (5) as paragraphs (1) through (4), respectively.
(q)
Property
management
Section 585(a) of Public Law 101–513 is amended by
inserting and for maintenance after of that
Act.
(r)
Evaluations of
assistance
Funds appropriated by this Act that are available for
monitoring and evaluation of assistance funded under the headings
International Disaster Assistance, Complex Foreign Crises
Fund, and Migration and Refugee Assistance should be
made available for the independent and systematic collection and reporting of
information obtained directly from beneficiaries of such assistance regarding
the quality and utility of such assistance, for the purpose of maximizing its
cost effectiveness:
Provided, That the Department of
State and USAID, as appropriate, shall post summaries of such information on
their Web sites.
(s)
International
cooperative administrative support services
The Secretary of
State shall develop a process by which any agency participating in the
International Cooperative Administrative Support Services (ICASS) program shall
provide a cost analysis and justification for the agency's decision to opt out,
in whole or in part, of ICASS services:
Provided, That such process shall
be developed in coordination with the ICASS Service Center and participating
agencies to ensure that the process is not overly burdensome:
Provided further,
That the Secretary of State shall conduct a review of ICASS services provided
by the Department of State to identify options for cost savings and program
efficiencies, including reevaluating the number of United States officials
overseas needed to provide ICASS services, the ICASS services currently
provided at post that would be more cost-effective if provided by the
Department of State from its offices in the United States, and the Department’s
implementation of recommendations for such cost-savings and efficiencies in the
Office of Inspector General’s audits and inspections issued since October 1,
2012:
Provided further,
That the Secretary shall submit a report to the Committees on Appropriations
not later than 90 days after enactment of this Act, detailing the results of
the review and steps taken to implement this subsection.
(t)
Science and
technology
Of the amounts made available by this or any other Act
under the heading Diplomatic and Consular Programs, up to
$1,000,000 may be made available for grants
pursuant to section 504 of Public Law 95–426 (22 U.S.C. 2656d), including to
facilitate collaboration with indigenous communities.
(u)
Fraud
prevention and detection fees
In addition to the uses permitted
pursuant to section 286(v)(2)(A) of the Immigration and Nationality Act (8
U.S.C. 1356(v)(2)(A)), the Secretary of State may also use fees deposited into
the Fraud Prevention and Detection Account for programs and activities: (i) to
increase the number of personnel assigned to the function of preventing and
detecting visa fraud; and (ii) to purchase, lease, construct, and staff
facilities used for the processing of the class of visas described in
subparagraphs (H)(i), (H)(ii), or (L) of section 101(a)(15) of that Act.
(v)
Prize
authority
Funds appropriated in this Act may be made available
for prizes in accordance with section 24 of the Stevenson-Wydler Technology
Innovation Act of 1980, except that foreign citizens and foreign private
entities may be eligible for such prizes notwithstanding section 24(g)(3) of
such Act.
(w)
HIV/AIDS
Working capital fund
Funds available in the HIV/AIDS Working
Capital Fund (in this section referred to as the Fund)
established pursuant to section 525(b)(1) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2005 (Public Law 108–477)
may be made available for pharmaceuticals and other products for other global
health and child survival activities to the same extent as HIV/AIDS
pharmaceuticals and other products, subject to the terms and conditions in such
section:
Provided, That the authority in
section 525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 2005 (Public Law 108–477) shall not be exercised
by the Coordinator of United States Activities to Combat HIV/AIDS Globally with
respect to funds deposited for non-HIV/AIDS pharmaceuticals and other
products.
(x)
Working Capital
Fund
(1) The USAID
Administrator (the Administrator) is authorized to establish a Working Capital
Fund (the Fund).
(2) Funds deposited
in the Fund during any fiscal year shall be available without fiscal year
limitation and used, in addition to other funds available for such purposes,
for agency procurement reform efforts and related administrative costs:
Provided, That such expenses may
include: (A) personal and non-personal services; (B) training; (C) supplies;
and (D) other administrative costs related to procurement reform and management
of the Fund.
(3) There may be
deposited during any fiscal year in the Fund up to 1 percent of the total value
of obligations entered into by the USAID from appropriations available to USAID
and any appropriation made available for the purpose of providing capital:
Provided, That receipts from the
disposal of, or repayments for the loss or damage to, property held in the
Fund, rebates, reimbursements, refunds and other credits applicable to the
operation of the Fund may be deposited into the Fund.
(4) Not later than 45
days after enactment of this Act and any subsequent Act making appropriations
for the Department of State, foreign operations, and related programs, the
Administrator shall submit to the Committees on Appropriations an operating
plan for funds deposited in the Fund, which shall include the percentage to be
charged for the current fiscal year.
(5) At the close of
fiscal year 2014 and at the close of each fiscal year thereafter, the
Administrator shall determine the amounts in excess of the needs of the Fund
for that fiscal year and shall transfer out of the Fund any excess amounts to
any of the original appropriation accounts from which deposits were made:
Provided, That such transferred
funds shall remain available without fiscal year limitation:
Provided further,
That the Administrator shall report to the Committees on Appropriations the
excess amounts and to which appropriation accounts the excess funds will be
transferred:
Provided further,
That such transfers shall be subject to the regular notification procedures of
the Committees on Appropriations.
(y)
Definitions
(1) Unless otherwise
defined in this Act, for purposes of this Act the term appropriate
congressional committees shall mean the Committees on Appropriations
and Foreign Relations of the Senate and the Committees on Appropriations and
Foreign Affairs of the House of Representatives.
(2) Unless otherwise defined in this Act,
for purposes of this Act the term funds appropriated in this Act and
prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall mean funds that remain available
for obligation, and have not expired.
Arab league boycott of
israel
7035. It is the sense of the Congress
that—
(1) the Arab League boycott of Israel, and the
secondary boycott of American firms that have commercial ties with Israel, is
an impediment to peace in the region and to United States investment and trade
in the Middle East and North Africa;
(2) the Arab League boycott, which was
regrettably reinstated in 1997, should be immediately and publicly terminated,
and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize
relations with their neighbor Israel;
(4) the President and the Secretary of State
should continue to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example, taking into
consideration the participation of any recipient country in the boycott when
determining to sell weapons to said country; and
(5) the President should report to Congress
annually on specific steps being taken by the United States to encourage Arab
League states to normalize their relations with Israel to bring about the
termination of the Arab League boycott of Israel, including those to encourage
allies and trading partners of the United States to enact laws prohibiting
businesses from complying with the boycott and penalizing businesses that do
comply.
Palestinian
statehood
7036.
(a)
Limitation on assistance
None of the funds appropriated under titles
III through VI of this Act may be provided to support a Palestinian state
unless the Secretary of State determines and certifies to the appropriate
congressional committees that—
(1) the governing entity of a new Palestinian
state—
(A) has demonstrated a firm commitment to
peaceful co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and Gaza, including the
dismantling of terrorist infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing
entity of a new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just, lasting, and
comprehensive peace in the Middle East that will enable Israel and an
independent Palestinian state to exist within the context of full and normal
relationships, which should include—
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political independence of every state
in the area through measures including the establishment of demilitarized
zones;
(C) their right to live in peace within secure
and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement
of the refugee problem.
(b)
Sense of congress
It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law, an
independent judiciary, and respect for human rights for its citizens, and
should enact other laws and regulations assuring transparent and accountable
governance.
(c)
Waiver
The President may waive subsection (a) if
the President determines that it is important to the national security
interests of the United States to do so.
(d)
Exemption
The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet the
requirements of subsection (a), consistent with the provisions of section 7040
of this Act (Limitation on Assistance for the Palestinian
Authority).
Restrictions concerning the palestinian
authority
7037. None of the funds appropriated under titles
II through VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States Government
business with the Palestinian Authority over Gaza and Jericho or any successor
Palestinian governing entity provided for in the Israel-PLO Declaration of
Principles:
Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem:
Provided further,
That meetings between officers and employees of the United States and officials
of the Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the purpose of
conducting official United States Government business with such authority
should continue to take place in locations other than Jerusalem:
Provided further,
That as has been true in the past, officers and employees of the United States
Government may continue to meet in Jerusalem on other subjects with
Palestinians (including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.
Prohibition on assistance to the
palestinian broadcasting corporation
7038. None of the funds appropriated or otherwise
made available by this Act may be used to provide equipment, technical support,
consulting services, or any other form of assistance to the Palestinian
Broadcasting Corporation.
assistance for the west bank and
gaza
7039.
(a)
Oversight
For fiscal year 2014, 30 days prior to the
initial obligation of funds for the bilateral West Bank and Gaza Program, the
Secretary of State shall certify to the Committees on Appropriations that
procedures have been established to assure the Comptroller General of the
United States will have access to appropriate United States financial
information in order to review the uses of United States assistance for the
Program funded under the heading Economic Support Fund for the
West Bank and Gaza.
(b)
Vetting
Prior
to the obligation of funds appropriated by this Act under the heading
Economic Support Fund for assistance for the West Bank and Gaza,
the Secretary of State shall take all appropriate steps to ensure that such
assistance is not provided to or through any individual, private or government
entity, or educational institution that the Secretary knows or has reason to
believe advocates, plans, sponsors, engages in, or has engaged in, terrorist
activity nor, with respect to private entities or educational institutions,
those that have as a principal officer of the entity's governing board or
governing board of trustees any individual that has been determined to be
involved in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization:
Provided, That the Secretary of
State shall, as appropriate, establish procedures specifying the steps to be
taken in carrying out this subsection and shall terminate assistance to any
individual, entity, or educational institution which the Secretary has
determined to be involved in or advocating terrorist activity.
(c)
Prohibition
(1) None of the funds appropriated under titles
III through VI of this Act for assistance under the West Bank and Gaza Program
may be made available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism.
(2) Notwithstanding
any other provision of law, none of the funds made available by this or prior
appropriations Acts, including funds made available by transfer, may be made
available for obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on Appropriations on the
benchmarks that have been established for security assistance for the West Bank
and Gaza and reports on the extent of Palestinian compliance with such
benchmarks.
(d)
Audits
(1) The Administrator of the United States
Agency for International Development shall ensure that Federal or non-Federal
audits of all contractors and grantees, and significant subcontractors and
sub-grantees, under the West Bank and Gaza Program, are conducted at least on
an annual basis to ensure, among other things, compliance with this
section.
(2) Of the funds
appropriated by this Act up to $500,000 may be
used by the Office of Inspector General of the United States Agency for
International Development for audits, inspections, and other activities in
furtherance of the requirements of this subsection:
Provided, That such funds are in
addition to funds otherwise available for such purposes.
(e) Subsequent to the
certification specified in subsection (a), the Comptroller General of the
United States shall conduct an audit and an investigation of the treatment,
handling, and uses of all funds for the bilateral West Bank and Gaza Program,
including all funds provided as cash transfer assistance, in fiscal year 2014
under the heading Economic Support Fund, and such audit shall
address—
(1) the extent to
which such Program complies with the requirements of subsections (b) and (c);
and
(2) an examination of
all programs, projects, and activities carried out under such Program,
including both obligations and expenditures.
(f) Funds made
available in this Act for West Bank and Gaza shall be subject to the regular
notification procedures of the Committees on Appropriations.
(g) Not later than 180
days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations updating the report contained in section
2106 of chapter 2 of title II of Public Law 109–13.
Limitation on assistance for the
palestinian authority
7040.
(a)
Prohibition of funds
None of the funds appropriated by this Act
to carry out the provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 may be obligated or expended with respect to providing funds to the
Palestinian Authority.
(b)
Waiver
The prohibition included in subsection (a)
shall not apply if the President certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that waiving such prohibition is important to the
national security interests of the United States.
(c)
Period of application of
waiver
Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months at a
time and shall not apply beyond 12 months after the enactment of this
Act.
(d)
Report
Whenever the waiver authority pursuant to
subsection (b) is exercised, the President shall submit a report to the
Committees on Appropriations detailing the justification for the waiver, the
purposes for which the funds will be spent, and the accounting procedures in
place to ensure that the funds are properly disbursed:
Provided, That the report shall
also detail the steps the Palestinian Authority has taken to arrest terrorists,
confiscate weapons and dismantle the terrorist infrastructure.
(e)
Certification
If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify and report
to the Committees on Appropriations prior to the obligation of funds that the
Palestinian Authority has established a single treasury account for all
Palestinian Authority financing and all financing mechanisms flow through this
account, no parallel financing mechanisms exist outside of the Palestinian
Authority treasury account, and there is a single comprehensive civil service
roster and payroll.
(f)
Prohibition to Hamas and the Palestine
Liberation Organization
(1) None of the funds appropriated in titles
III through VI of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or expended for
assistance to Hamas or any entity effectively controlled by Hamas, any
power-sharing government of which Hamas is a member, or that results from an
agreement with Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph
(1), assistance may be provided to a power-sharing government only if the
President certifies and reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent, has publicly
accepted and is complying with the principles contained in section 620K(b)(1)
(A) and (B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in
section 620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestine Anti-Terrorism Act of 2006 (Public Law 109–446) with respect to this
subsection.
(4) Whenever the certification pursuant to
paragraph (2) is exercised, the Secretary of State shall submit a report to the
Committees on Appropriations within 120 days of the certification and every
quarter thereafter on whether such government, including all of its ministers
or such equivalent are continuing to comply with the principles contained in
section 620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961, as
amended:
Provided, That the report shall
also detail the amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a full accounting of
any direct support of such government.
(5) None of the funds appropriated under titles
III through VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
Middle East and north
africa
7041.
(a)
Egypt
(1) Funds
appropriated by this Act that are available for assistance for the Government
of Egypt may only be obligated in the following manner—
(A) 25 percent of
such funds may be made available after enactment of this Act;
(B) 25 percent of
such funds may be made available if the Secretary of State certifies to the
appropriate congressional committees that the Government of Egypt is supporting
inclusive political processes and institutions, including permitting
pro-democracy and other civil society organizations to operate freely, has
released political prisoners, and is not prosecuting political cases in
military courts;
(C) 25 percent of
such funds may be made available if the Secretary of State certifies to the
appropriate congressional committees that credible elections have been
conducted in Egypt and a democratically elected government is in place;
and
(D) 25 percent of
such funds may be made available if the Secretary of State certifies to the
appropriate congressional committees that the newly elected Government of Egypt
is taking steps to govern democratically and protect human rights and the rule
of law (including the rights of women and religious minorities).
(2) None of the funds
appropriated by this Act that are available for assistance for the Government
of Egypt may be made available if such government is not abiding by the 1979
Egypt-Israel Peace Treaty.
(3) The President
shall submit to the appropriate congressional committees, concurrent with the
fiscal year 2015 budget request, a comprehensive and strategic review of
military and economic assistance for Egypt:
Provided, That in conducting such
review, the President shall consult with relevant Government of Egypt officials
and representatives of civil society, and the appropriate congressional
committees:
Provided further,
That such review shall include a detailed description of the purposes of such
assistance, and the specific goals and objectives of furthering political,
military, and economic reforms in Egypt, including:
(A) supporting
democratic institutions (including an independent legislature and judiciary),
an inclusive political process, and regular conduct of free and fair elections
at all levels of government;
(B) promoting the
rule of law (including equal access to justice, protection of the rights of
women and religious minorities, and anti-corruption efforts);
(C) supporting
economic reforms (including transparent and accountable governance, private
sector-led growth and job creation, and trade expansion);
(D) fostering a
vibrant civil society (including free and independent media);
(E) supporting
security sector reform (including civilian police forces); and
(F) combating
terrorism (including eliminating smuggling networks between Egypt and Gaza in
the Sinai).
(4) Notwithstanding
any provision of this Act, the Secretary of State shall reduce the amount of
assistance for Egypt under the heading Economic Support Fund by
an amount the Secretary determines is equivalent to that expended by the United
States Government for bail, and by nongovernmental organizations for legal and
court fees, associated with democracy-related trials in Egypt.
(5)
(A) The Secretary of State
may waive the requirements of paragraph (1)(B) not earlier than 3 months after
enactment of this Act if the Secretary of State certifies to the appropriate
congressional committees that to do so is important to the national security
interests of the United States.
(B) The Secretary of State may waive the
requirements of paragraph (1)(C) not earlier than 6 months after enactment of
this Act if the Secretary certifies to such committees that to do so is
important to the national security interests of the United States.
(b)
Iran
(1) Funds
appropriated under titles I and III of this Act shall be made available for the
promotion of democracy and human rights in Iran, including for the activities
described in section 1243 of Public Law 112–239.
(2) Prior to the
obligation of funds made available by this subsection, the Secretary of State
shall consult with the appropriate congressional committees on the policy and
strategy of the United States to promote democracy and human rights in Iran,
including any contingency plans arising from a broadening of conflict in the
Near East region and a change in Iran’s domestic political situation.
(3) The terms and
conditions of section 7041(c) in division I of Public Law 112–74 shall continue
in effect during fiscal year 2014 as if part of this Act, except that the date
in paragraph (3) shall be deemed to be September 30,
2014.
(c)
Iraq
(1) Of the funds
appropriated by this Act under the heading Economic Support Fund
for assistance for Iraq, not less than
$25,000,000 shall be made available for
democracy programs, which shall be the responsibility of the Assistant
Secretary of State for Democracy, Human Rights, and Labor, in consultation with
the Chief of Mission.
(2) Funds
appropriated by this Act under the headings International Narcotics
Control and Law Enforcement and Nonproliferation,
Anti-terrorism, Demining, and Related Programs that are available for
assistance for Iraq shall only be made available if matched by sources other
than the United States Government.
(3) For the purposes
of funds appropriated by this Act and subsequent Acts for assistance for Iraq,
section 620(t) of the Foreign Assistance Act of 1961 shall not apply on account
of events that transpired prior to 2004.
(4)
(A) Funds appropriated by title I of this Act
that are made available for Consulate Basrah shall not be made available for
obligation until the Secretary of State submits a report to the appropriate
congressional committees assessing cost effective, operational alternatives for
such facility, including closure of the Consulate and coverage of Basrah from
Embassy Baghdad:
Provided, That should the
Secretary of State determine that the closure of Consulate Basrah is a cost
effective alternative, funds made available by this Act under the heading
Diplomatic and Consular Programs for such diplomatic facility
may be transferred to, and merged with, funds made available by this Act under
the heading Embassy Security, Construction, and Maintenance to
increase security at expeditionary diplomatic facilities abroad.
(B) Of the funds appropriated under title
I of this Act that are made available for the costs of operations at Embassy
Baghdad, 10 percent may not be obligated until the Secretary of State reports
to the appropriate congressional committees on all active diplomatic facility
construction projects in Iraq since October 1, 2011, including the status of
each project, the amount obligated and expended for each project, the savings
from completed or terminated projects, and how such savings were reprogrammed:
Provided, That none of the funds
appropriated by title I of this Act may be made available for construction,
rehabilitation, or other improvements to facilities in Iraq on property for
which no land-use agreement has been entered into by the Governments of the
United States and Iraq:
Provided further,
That the restrictions in this subparagraph shall not apply if such funds are
necessary to protect United States Government facilities or the security,
health, and welfare of United States personnel.
(d)
Lebanon
(1) Funds appropriated by this Act under the
heading Foreign Military Financing Program for assistance for
Lebanon may be made available only to professionalize the Lebanese Armed Forces
(LAF) and to strengthen border security and combat terrorism, including
training and equipping the LAF to secure Lebanon's borders, interdicting arms
shipments, preventing the use of Lebanon as a safe haven for terrorist groups,
and to implement United Nations Security Council Resolution 1701:
Provided, That funds may not be
made available for obligation for assistance for the LAF until the Secretary of
State submits a detailed spend plan, including actions to be taken to ensure
that equipment provided to the LAF is used only for the intended purposes, to
the Committees on Appropriations, except such plan may not be considered as
meeting the notification requirements under section 7015 of this Act or under
section 634A of the Foreign Assistance Act of 1961, and shall be submitted not
later than September 1, 2014.
(2) Funds appropriated by this Act under the
heading Economic Support Fund for assistance for Lebanon may be
made available notwithstanding any other provision of law, except for the
provisions of this Act and section 620M of the Foreign Assistance Act of 1961,
as amended by this Act.
(e)
Libya
None of the funds appropriated by this Act
may be made available for assistance for Libya for infrastructure projects,
except on a loan basis with terms favorable to the United States, and only
following consultation with the Committees on Appropriations.
(f)
Syria
(1) Funds
appropriated under titles III and IV of this Act may be made available for
assistance for Syria, notwithstanding any other provision of law.
(2) In addition to
other activities, such programs should seek to—
(A) establish
governance in Syria that is representative, inclusive, and accountable;
(B) develop and
implement political processes that are democratic, transparent, and adhere to
the rule of law;
(C) further the
legitimacy of the Syrian opposition through cross-border programs;
(D) develop civil
society and an independent media in Syria;
(E) promote economic
development in Syria;
(F) document,
investigate, and prosecute human rights violations in Syria, including through
transitional justice programs and support for nongovernmental organizations;
and
(G) counter extremist
ideologies.
(3) Funds appropriated under titles III and IV
of this Act for programs in Syria may only be made available after the
Secretary of State, in consultation with the heads of relevant United States
Government agencies, submits, in classified form if necessary, a comprehensive
strategy to the appropriate congressional committees, which shall include a
clear mission statement, achievable objectives and timelines, and a description
of inter-agency and donor coordination and implementation of such strategy:
Provided, That such strategy
shall also include a description of oversight mechanism and vetting procedures
to prevent the misuse of funds.
(4) Funds made
available pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and shall be
subject to the regular notification procedures of the Committees on
Appropriations.
Africa
(including transfer of
funds)
7042.
(a)
Central
Africa
Of the funds
appropriated by this Act under the heading Economic Support
Fund, not less than $10,000,000 shall be
made available for programs and activities in areas affected by the Lord's
Resistance Army (LRA) consistent with the goals of the Lord’s Resistance Army
Disarmament and Northern Uganda Recovery Act (Public Law 111–172), including to
improve physical access, telecommunications infrastructure, and early-warning
mechanisms and to support the disarmament, demobilization, and reintegration of
former LRA combatants, especially child soldiers.
(b)
Counterterrorism programs
(1) Of the funds appropriated by this Act, not
less than $53,000,000 should be made available
for the Trans-Sahara Counterterrorism Partnership program, and not less than
$24,000,000 should be made available for the
Partnership for Regional East Africa Counterterrorism program.
(2) Of the funds appropriated by this Act under
the heading Economic Support Fund,
$10,000,000 shall be made available for programs
to counter extremism in East Africa, in addition to such sums that may
otherwise be made available for such purposes.
(c)
Crisis Response
Notwithstanding any other provision of law,
up to $10,000,000 of the funds appropriated by
this Act under the heading Global Health Programs for HIV/AIDS
activities may be transferred to, and merged with, funds appropriated under the
headings Economic Support Fund and Transition
Initiatives to respond to unanticipated crises in Africa, except that
funds shall not be transferred unless the Secretary of State certifies to the
Committees on Appropriations that no individual currently on anti-retroviral
therapy supported by such funds shall be negatively impacted by the transfer of
such funds:
Provided, That the authority of
this subsection shall be subject to prior consultation with the Committees on
Appropriations.
(d)
Ethiopia
(1) Funds appropriated by this Act that are
available for assistance for Ethiopian military and police forces shall not be
made available unless the Secretary of State—
(A) certifies to the Committees on
Appropriations that the Government of Ethiopia is implementing policies
to—
(i) protect judicial independence; freedom of
expression, association, assembly, and religion; the right of political
opposition parties, civil society organizations, and journalists to operate
without harassment or interference; and due process of law; and
(ii) permit access to human rights and
humanitarian organizations to the Somali region of Ethiopia; and
(B) submits a report to the Committees on
Appropriations on the types and amounts of United States training and equipment
proposed to be provided to the Ethiopian military and police including steps to
ensure that such assistance is not provided to military or police personnel or
units that have violated human rights, and steps taken by the Government of
Ethiopia to investigate and prosecute members of the Ethiopian military and
police who have been credibly alleged to have violated such rights.
(2) The restriction in paragraph (1) shall not
apply to IMET assistance, assistance to Ethiopian military efforts in support
of international peacekeeping operations, counterterrorism along the border
with Somalia, and for assistance to the Ethiopian Defense Command and Staff
College.
(3) Funds
appropriated by this Act under the headings Development
Assistance and Economic Support Fund that are available
for assistance in the lower Omo and Gambella regions of Ethiopia shall not be
made available unless the Administrator of the United States Agency for
International Development certifies to the Committees on Appropriations that
such funds will—
(A) not be used to
support activities that involve forced evictions or other violations of human
rights;
(B) support
initiatives of local communities to improve their livelihoods; and
(C) be subject to
prior consultation with affected populations.
(4) The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to oppose financing for any activities that involve forced
evictions or other violations of human rights in Ethiopia.
(e)
Expanded international military education
and training
(1) Funds appropriated under the heading
International Military Education and Training (IMET) in this Act
that are made available for assistance for Angola, Cameroon, Chad, Côte
d’Ivoire, Guinea, Somalia, Sri Lanka and Zimbabwe may be made available only
for training related to international peacekeeping operations and expanded
IMET:
Provided, That the limitation
included in this paragraph shall not apply to courses that support training in
maritime security for Angola and Cameroon.
(2) None of the funds appropriated under the
heading International Military Education and Training in this
Act may be made available for assistance for Equatorial Guinea or the Central
African Republic.
(f)
Pilot
programs
(1) Of the funds
appropriated by this Act under the headings Global Health
Programs, Complex Foreign Crises Fund, and
Economic Support Fund, not less than
$7,000,000 shall be made available for a pilot
program to address health and development challenges in Africa and promote
increased economic opportunities with the United States.
(2) Of the funds
appropriated by this Act under the heading Economic Support Fund
and International Narcotics Control and Law Enforcement, not
less than $8,000,000 shall be made available for
a pilot program to address security challenges in Africa.
(3) Funds made
available under paragraphs (1) and (2) shall be programmed in a manner that
leverages a United States Government-wide approach to addressing shared
challenges and mutually beneficial opportunities, and shall be the
responsibility of United States Chiefs of Mission in countries in Africa
seeking enhanced partnerships with the United States in areas of trade,
investment, development, health, and security:
Provided, That funds made
available under this subsection shall be matched to the maximum extent
practicable by sources other than the United States Government:
Provided further,
That not later than 90 days after enactment of this Act and prior to the
initial obligation of funds, the Secretary of State shall consult with the
Committees on Appropriations on the establishment of such programs, including
specific evaluation criteria:
Provided further,
That up to 5 percent of the funds made available by paragraphs (1) and (2),
respectively, may be made available, in addition to funds otherwise available
for such purposes, for the administrative costs of the Department of State and
United States Agency for International Development in implementing the pilot
programs established by this subsection.
(g)
Somalia
(1) Funds
appropriated by this Act under the heading Economic Support Fund
that are made available for assistance for Somalia shall be used to promote
dialogue and reconciliation between the central government and Somali regions,
and shall be provided in an impartial manner that is based on need and
institutional capacity and does not exacerbate clan and ethnic violence.
(2) None of the funds
appropriated by this Act may be made available for lethal assistance for Somali
security forces.
(h)
South Africa
Not later than 90 days after enactment of
this Act, and following consultation with the Government of South Africa, the
Secretary of State shall submit a transition strategy to the Committees on
Appropriations for the President’s Emergency Plan for AIDS Relief in South
Africa, including projected trajectories for levels and types of United States
assistance.
(i)
Sudan
None of the funds appropriated by this Act
may be made available for assistance for the Government of Sudan, except that
the provisions of section 7043(f)(3) of division I of Public Law 112–74 shall
apply to funds appropriated by this Act.
(j)
South Sudan
(1) Funds appropriated by this Act may be made
available for assistance for South Sudan, including to increase agricultural
productivity, prevent and respond to gender-based violence, promote women's
leadership, expand educational opportunities especially for girls, strengthen
democratic institutions and the rule of law, and enhance the capacity of the
Federal Legislative Assembly to conduct oversight over government processes,
revenues, and expenditures.
(2) Of the funds appropriated by this Act that
are available for assistance for the central Government of South Sudan, 15
percent may not be obligated until the Secretary of State reports to the
Committees on Appropriations that such government is—
(A) implementing policies to support freedom of
expression and association, establish democratic institutions including an
independent judiciary, parliament, and security forces that are accountable to
civilian authority;
(B) investigating and punishing members of
security forces who have violated human rights; and
(C) implementing the September 2012 security
arrangements with the Government of Sudan.
(3) The Secretary of State shall seek to obtain
regular audits of the financial accounts of the Government of South Sudan to
ensure transparency and accountability of funds, including revenues from the
extraction of oil and gas, and the timely, public disclosure of such audits:
Provided, That the Secretary
should assist the Government of South Sudan in conducting such audits, and
provide technical assistance to enhance the capacity of the National Auditor
Chamber to carry out its responsibilities, and shall submit a report not later
than 90 days after enactment of this Act to the Committees on Appropriations
detailing steps that will be taken by the Government of South Sudan, which are
additional to those taken in the previous fiscal year, to improve resource
management and ensure transparency and accountability of funds.
(k)
Trafficking in Conflict Minerals, Wildlife,
and Other Contraband
(1) None of the funds appropriated by this Act
under the heading Foreign Military Financing Program may be made
available for assistance for Rwanda or Uganda unless the Secretary of State
certifies to the Committees on Appropriations that the Governments of Rwanda
and Uganda are taking steps to cease political, military and/or financial
support to armed groups in the Democratic Republic of the Congo (DRC),
including M23, that have violated human rights or are involved in the illegal
exportation of minerals, wildlife, or other contraband out of the DRC.
(2) The restriction in paragraph (1) shall not
apply to assistance to improve border controls to prevent the illegal
exportation of minerals, wildlife, and other contraband out of the DRC by such
groups, to protect humanitarian relief efforts, or to support the training and
deployment of members of the Rwandan or Ugandan militaries in international
peacekeeping operations, or to conduct operations against the Lord's Resistance
Army.
(l)
War Crimes,
Crimes Against Humanity and Genocide in Africa
Funds appropriated by this Act may be made
available for the International Criminal Tribunal for Rwanda and the Residual
Special Court for Sierra Leone to bring to justice individuals responsible for
war crimes and crimes against humanity, and for the International Criminal
Court to bring to justice individuals responsible for genocide in Sudan.
(m)
Zimbabwe
(1) None of the funds appropriated by this Act
shall be made available for assistance for the central Government of Zimbabwe,
and the Secretary of the Treasury shall instruct the United States executive
director of each international financial institution to vote against any loans
or grants to such government, except to meet basic human needs or to promote
democracy, unless the Secretary of State submits to the Committees on
Appropriations the report on Zimbabwe required under such heading in the report
accompanying this Act.
(2) Notwithstanding
paragraph (1), funds may be made available for macroeconomic growth assistance
for the central Government of Zimbabwe if the Secretary of State reports to the
Committees on Appropriations that such government is implementing transparent
fiscal policies, including public disclosure of revenues from the extraction of
natural resources.
East Asia and the
Pacific
7043.
(a)
Asia
rebalancing
(1) Prior to the initial obligation of funds
appropriated by this Act that are designated for a rebalancing of United States
policy, programs, and operations in Asia as identified in the fiscal year 2014
Congressional Budget Justification, the Secretary of State shall certify to the
Committees on Appropriations that such funds support a comprehensive,
multi-year strategy that advances United States national interests in that
region, and that such strategy is coordinated with relevant Federal agencies,
including the United States Agency for International Development and the
Department of Defense:
Provided, That the Secretary of
State shall submit such strategy to the Committees on Appropriations, in
classified form if necessary, concurrently with such certification.
(2) Funds
appropriated by title III of this Act that are designated for implementation of
the strategy described in paragraph (1) shall support the advancement of
democracy and human rights in Asia, including for democratic political parties,
civil society, and groups and individuals seeking to advance transparency,
accountability, and the rule of law:
Provided, That such funds shall
also be made available, on a competitive basis, to nongovernmental networks and
alliances that seek to promote democracy, human rights, and the rule of law
throughout Asia.
(3) Funds
appropriated by this Act that are designated for the implementation of the
strategy described in paragraph (1) shall be matched, to the maximum extent
practicable and as appropriate, by sources other than the United States
Government:
Provided, That the Secretary of
State shall periodically report to the Committees on Appropriations on such
cost-matching efforts.
(b)
Burma
(1) Funds
appropriated by this Act under the heading Economic Support Fund
may be made available for assistance for Burma notwithstanding any other
provision of law, except that no funds shall be made available to any successor
or affiliated organization of the State Peace and Development Council (SPDC)
controlled by former SPDC members that promote the repressive policies of the
SPDC.
(2) Funds
appropriated under title III of this Act for assistance for Burma—
(A) may not be made
available for budget support for the Government of Burma;
(B) shall be provided
to strengthen civil society organizations in Burma, including as core support
for such organizations;
(C) shall be made
available for rehabilitation programs for former political prisoners, including
for health, education, and vocational training activities;
(D) shall be made
available for community-based organizations operating in Thailand to provide
food, medical, and other humanitarian assistance to internally displaced
persons in eastern Burma, in addition to assistance for Burmese refugees from
funds appropriated by this Act under the heading Migration and Refugee
Assistance;
(E) shall be made
available for ethnic and religious reconciliation programs; and
(F) shall be made
available for programs to strengthen the rule of law and judicial independence
in Burma.
(3) Notwithstanding
any other provision of law, the Assistant Secretary of State for Democracy,
Human Rights and Labor (the Assistant Secretary), in consultation with USAID
and the Chief of Mission, shall be responsible for the use of funds made
available for democracy and human rights programs in Burma under title III of
this Act and prior acts making appropriations for the Department of State,
foreign operations, and related programs:
Provided, That not later than 90
days after enactment of this Act, the Assistant Secretary shall submit to the
appropriate congressional committees a strategy for the promotion of democracy
and human rights in Burma, which shall include support for civil society,
former prisoners, monks, students, and democratic parliamentarians.
(4) Funds
appropriated under title IV of this Act may be made available for assistance
for the armed forces of Burma only if the Secretary of State reports to the
appropriate congressional committees that the Government of Burma is taking
concrete steps to establish civilian oversight of the armed forces and the
armed forces have terminated military relations with the Democratic People’s
Republic of Korea:
Provided, That the limitations of
this paragraph shall not apply to consultation with, and basic training on
human rights and disaster response for, the armed forces of Burma:
Provided further,
That not later than 180 days after enactment of this Act, the Secretary of
State, in consultation with the heads of relevant United States Government
agencies and representatives from the democratic opposition and ethnic groups
in Burma, shall submit a strategy to further security sector reform in
Burma.
(5) Any new program
or activity in Burma initiated in fiscal year 2014 shall be subject to prior
consultation with the appropriate congressional committees.
(c)
Cambodia
(1) Of the funds
appropriated under title III of this Act for assistance for Cambodia, 20
percent may not be obligated until the Secretary of State submits to the
Committees on Appropriations the report on Cambodia required under such heading
in the report accompanying this Act.
(2) None of the funds
appropriated by titles III and IV of this Act may be made available for
assistance for the central Government of Cambodia unless the Secretary of State
certifies to the Committees on Appropriations that such Government has taken
steps to support credible parliamentary elections in accordance with
international standards, to include the participation of Cambodia’s political
opposition:
Provided, That the requirements
of this paragraph shall not apply to humanitarian demining programs or programs
to enhance the maritime security capabilities of the Cambodian navy, except
that any such programs shall be subject to the regular notification procedures
of the Committees on Appropriations.
(3) None of the funds
appropriated by this act for a United States contribution to a Khmer Rouge
tribunal may be made available unless the Secretary of State certifies to the
Committees on Appropriations that the Government of Cambodia has provided, or
otherwise secured, funding for the national side of such tribunal.
(4) The Secretary of
the Treasury shall instruct the United States executive director of the World
Bank to vote against any loan, agreement, or other financial support for
Cambodia unless the Boeung Kak Lake families who were harmed by the Land
Management and Administration Project, as determined by the World Bank
Inspection Panel, have received appropriate redress from the World Bank and the
Government of Cambodia.
(d)
North Korea
(1) Of the funds made available under the
heading International Broadcasting Operations in title I of this
Act, not less than $8,938,000 shall made
available for broadcasts into North Korea.
(2) Funds appropriated by this Act under the
heading Migration and Refugee Assistance shall be made available
for assistance for refugees from North Korea, including for protection
activities in the People’s Republic of China.
(3) None of the funds made available by this
Act under the heading Economic Support Fund may be made
available for assistance for the government of North Korea.
(e)
People's Republic of China
(1) None of the funds appropriated under the
heading Diplomatic and Consular Programs in this Act may be
obligated or expended for processing licenses for the export of satellites of
United States origin (including commercial satellites and satellite components)
to the People's Republic of China unless, at least 15 days in advance, the
Committees on Appropriations are notified of such proposed action.
(2) The terms and requirements of section
620(h) of the Foreign Assistance Act of
1961 shall apply to foreign assistance projects or activities of the
People's Liberation Army (PLA) of the People's Republic of China, to include
such projects or activities by any entity that is owned or controlled by, or an
affiliate of, the PLA:
Provided, That none of the funds
appropriated or otherwise made available pursuant to this Act may be used to
finance any grant, contract, or cooperative agreement with the PLA, or any
entity that the Secretary of State has reason to believe is owned or controlled
by, or an affiliate of, the PLA.
(3) Funds appropriated by this Act for public
diplomacy under title I and for assistance under titles III and IV shall be
made available to counter the strategic influence of the People’s Republic of
China:
Provided, That the Secretary of
State shall consult with other relevant United States Government agencies in
the development of a coordinated diplomacy and assistance strategy that
counters such influence:
Provided further,
That the Secretary of State shall consult with the Committees on Appropriations
on such strategy prior to the initial obligation of funds for such purposes,
and such strategy may be submitted to the Committees in classified form if
necessary.
(f)
Philippines
Funds appropriated by this Act under the
heading Foreign Military Financing Program that are available
for assistance for the Philippines may be made available for assistance for the
Philippine army only in accordance with the procedures and requirements
specified under such heading in the report accompanying this Act:
Provided, That all funds
appropriated under such heading for assistance for the Philippines shall be
subject to the regular notification procedures of the Committees on
Appropriations.
(g)
Tibet
(1) The Secretary of the Treasury should
instruct the United States executive director of each international financial
institution to use the voice and vote of the United States to support financing
in Tibet if such projects do not provide incentives for the migration and
settlement of non-Tibetans into Tibet or facilitate the transfer of ownership
of Tibetan land and natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people and respect
Tibetan culture and traditions, and are subject to effective monitoring.
(2) Notwithstanding any other provision of law,
funds appropriated by this Act under the heading Economic Support
Fund shall be made available to nongovernmental organizations to
support activities which preserve cultural traditions and promote sustainable
development and environmental conservation in Tibetan communities in the
Tibetan Autonomous Region and in other Tibetan communities in China.
(h)
Vietnam
Of the funds appropriated by this Act under
the heading Economic Support Fund, not less than
$22,000,000 shall be made available for
remediation of dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the military, for such
purposes, and not less than $7,000,000 of the
funds appropriated under the heading Development Assistance
shall be made available for health/disability activities in areas sprayed or
otherwise contaminated with dioxin.
western
hemisphere
7044.
(a)
Colombia
(1) Funds
appropriated by this Act and made available to the Department of State for
assistance for the Government of Colombia may be used to support a unified
campaign against narcotics trafficking, organizations designated as Foreign
Terrorist Organizations, and other criminal or illegal armed groups, and to
take actions to protect human health and welfare in emergency circumstances,
including undertaking rescue operations:
Provided, That the first through
fifth provisos of paragraph (1), and paragraph (3) of section 7045(a) of
division I of Public Law 112–74 shall continue in effect during fiscal year
2014 and shall apply to funds appropriated by this Act and made available for
assistance for Colombia as if included in this Act:
Provided further,
That funds appropriated by this Act for the Colombian national police for
aerial drug eradication programs may be used for the aerial spraying of
chemical herbicides only if the Secretary of State certifies to the Committees
on Appropriations that the herbicides do not pose unreasonable risks or adverse
effects to humans, including pregnant women and children, or the environment,
including endemic species:
Provided further,
That any complaints of harm to health or licit crops caused by such aerial
spraying shall be thoroughly investigated and evaluated, and fair compensation
paid in a timely manner for meritorious claims.
(2)
Limitation
Of
the funds appropriated by this Act under the heading Foreign Military
Financing Program, 25 percent may be obligated only in accordance with
the procedures and conditions specified under this section in the report
accompanying this Act.
(b)
Cuba
Funds
appropriated by this Act under the heading Economic Support Fund
that are available for assistance for Cuba may be made available only for
humanitarian assistance and to support the development of private businesses:
Provided, That the prohibition on
obligations or expenditures in section 7007 of this Act shall apply to the
Government of Cuba.
(c)
Guatemala
(1) Funds
appropriated by this Act under the headings International Military
Education and Training and Foreign Military Financing
Program may be made available for assistance for the Guatemalan army
only—
(A) if the Secretary of State certifies that
the Government of Guatemala is taking credible steps to implement the
Reparations Plan for Damages Suffered by the Communities Affected by the
Construction of the Chixoy Hydroelectric Dam (April 2010); and
(B) in accordance with the procedures and
requirements specified under this section in the report accompanying this
Act.
(2) None of the funds appropriated by this Act
may be made available for assistance for the Guatemalan armed forces until the
Secretary of State certifies to the Committees on Appropriations that the
Government of Guatemala (GoG) has resolved all cases involving Guatemalan
children and American adoptive parents pending since December 31, 2007, or that
the GoG is making significant progress toward meeting a specific timetable for
resolving such cases.
(d)
Haiti
(1) None of the funds
appropriated by this Act may be made available for assistance for the central
Government of Haiti until the Secretary of State certifies to the Committees on
Appropriations that—
(A) Haiti has held
free and fair parliamentary elections and a new Haitian Parliament has been
seated and is functioning;
(B) the Government of
Haiti is respecting the independence of the judiciary; and
(C) the Government of
Haiti is taking effective steps to combat corruption and improve governance,
including by prosecuting corrupt officials and implementing financial
transparency and accountability requirements for government
institutions.
(2) The Government of Haiti shall be eligible
to purchase defense articles and services under the Arms Export Control Act (22
U.S.C. 2751 et seq.) for the Coast Guard.
(e)
Honduras
(1) Funds appropriated by this Act under the
headings International Narcotics Control and Law Enforcement and
Foreign Military Financing Program may be made available for
assistance for the Honduran army and police only in accordance with the
procedures and requirements specified under this section in the report
accompanying this Act.
(2) The restriction
in paragraph (1) shall not apply to assistance to promote transparency,
anti-corruption, and the rule of law within the military and police.
(f)
Mexico
(1) Of the funds
appropriated by this Act under the headings International Narcotics
Control and Law Enforcement and Foreign Military Financing
Program that are available for assistance for the Mexican army and
police, 15 percent may be obligated only in accordance with the procedures and
requirements specified under this section in the report accompanying this
Act.
(2) The restriction
in paragraph (1) shall not apply to assistance to promote transparency,
anti-corruption, and the rule of law within the military and police
forces.
(g)
Aircraft operations and
maintenance
To the maximum
extent practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act should be paid for by the recipient country.
South and Central Asia
7045.
(a)
Afghanistan
(1)
Operations and
Report
(A) Funds
appropriated under titles I and II of this Act that are available for the
construction and renovation of United States Government facilities in
Afghanistan may not be made available if the purpose is to accommodate Federal
employee positions or to expand aviation facilities or assets above those
notified by the Department of State and the United States Agency for
International Development (USAID) to the Committees on Appropriations, or
contractors in addition to those in place on the date of enactment of this Act:
Provided, That the limitations in
this paragraph shall not apply if funds are necessary to protect such
facilities or the security, health, and welfare of United States
personnel.
(B) Not later than 90
days after enactment of this Act and 180 days thereafter, the Secretary of
State shall submit a report to the Committees on Appropriations detailing the
personnel requirements at diplomatic facilities throughout Afghanistan, by
number and agency.
(2)
Assistance
Funds
appropriated under titles III and IV of this Act for assistance for
Afghanistan—
(A) may not be used
to initiate any new program, project, or activity for which regular oversight
by a United States direct hire or designated Foreign Service National of the
Department of State or USAID, as appropriate, is not possible, to include site
visits;
(B) shall only be
made available for programs that the Government of Afghanistan (GoA) or other
Afghan entity is capable of sustaining, as appropriate and as determined by the
Chief of Mission;
(C) may be made
available for independent election bodies;
(D) may be made
available for reconciliation programs and disarmament, demobilization and
reintegration activities for former combatants who have renounced violence
against the GoA, in accordance with section 7046(a)(2)(B)(ii) of Public Law
112–74;
(E) should not be
used to initiate new major infrastructure projects;
(F) shall be used to
implement the United States Embassy Kabul Gender Strategy; and
(G) may not be made
available to any individual or organization that the Secretary of State
credibly believes is involved in corrupt practices, including with respect to
Kabul Bank.
(3)
Certification
requirement
Of the funds appropriated under titles III and IV of
this Act for assistance for the GoA, 25 percent may not be obligated unless the
Secretary of State certifies to the Committees on Appropriations that—
(A) credible
elections in Afghanistan have taken place, and a peaceful transfer of power has
occurred;
(B) the Government of
the United States and the GoA have agreed to a Bilateral Security Agreement
that further defines the security partnership with Afghanistan, including
support for counterterrorism operations;
(C) the GoA is taking
credible steps to protect the rights of Afghan women and girls;
(D) consistent
progress has been made by the GoA in achieving Tokyo Mutual Accountability
Framework Hard Deliverables; and
(E) the GoA is making
credible efforts to reduce corruption and recover the stolen assets associated
with Kabul Bank.
(4)
On-budget
support calculation
Notwithstanding any other provision of law or
regulation, security-related assistance provided by the United States to the
GoA shall be included in the calculation of on-budget assistance provided to
the GoA.
(5)
Transfer of
funds
Notwithstanding any other provision of law, funds
appropriated by this Act under the heading Economic Support Fund
that are available for assistance for Afghanistan may be transferred to, and
merged with, funds appropriated under the headings International
Disaster Assistance and Migration and Refugee
Assistance, subject to the regular notification procedures of the
Committees on Appropriations.
(6)
Rule of law
programs
Of the funds appropriated by this Act that are made
available for assistance for Afghanistan, not less than
$75,000,000 shall be made available for rule of
law programs:
Provided, That decisions on the
uses of such funds shall be the responsibility of the Coordinator for Rule of
Law, in consultation with the Interagency Planning and Implementation Team in
Kabul, Afghanistan:
Provided further,
That such Coordinator shall be consulted on the uses of all funds appropriated
under titles III and IV of this Act for rule of law programs in
Afghanistan.
(7)
Transition
Planning
None of the funds appropriated by this Act may be made
available for assistance for Afghanistan unless the Secretary of State provides
to the appropriate congressional committees a coordinated United States
Government interagency transition strategy for Afghanistan following the 2014
drawdown of United States Armed Forces.
(8)
Funding
reduction
Funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related
programs that are available for assistance for the GoA shall be reduced by
$5 for every $1
that the GoA imposes in taxes, duties, penalties, or other fees on the
transport of property of the United States Government (including the United
States Armed Forces), entering or leaving Afghanistan.
(9)
Notwithstanding
authority
Funds appropriated under titles III through VI of this
Act that are made available for assistance for Afghanistan may be made
available notwithstanding section 7012 of this Act or any similar provision of
law and section 660 of the Foreign Assistance Act of 1961.
(b)
Bangladesh
Of
the funds appropriated by this Act under the heading Development
Assistance that are available for assistance for Bangladesh, not less
than $5,000,000 shall be made available for
programs to improve labor conditions by strengthening the capacity of
independent workers’ organizations in Bangladesh’s readymade garment, shrimp,
and fish export sectors.
(c)
Nepal
(1) Funds appropriated by this Act under the
heading Foreign Military Financing Program may be made available
for assistance for Nepal only if the Secretary of State certifies to the
Committees on Appropriations that the Government of Nepal is investigating and
prosecuting violations of human rights and the laws of war, and the Nepal army
is cooperating fully with civilian judicial authorities, including providing
investigators access to witnesses, documents, and other information.
(2) The conditions in paragraph (1) shall not
apply to assistance for humanitarian relief and reconstruction activities in
Nepal, or for training to participate in international peacekeeping
missions.
(d)
Pakistan
(1)
Certification
(A) None of the funds appropriated or otherwise
made available by this Act under the headings Economic Support
Fund, International Narcotics Control and Law
Enforcement, and Foreign Military Financing Program for
assistance for the Government of Pakistan may be made available unless the
Secretary of State certifies to the Committees on Appropriations that the
Government of Pakistan is—
(i) cooperating with the United States in
counterterrorism efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al-Qaeda, and other domestic and foreign
terrorist organizations, including taking steps to end support for such groups
and prevent them from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(ii) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and Pakistan’s military and
intelligence agencies are not intervening extra-judicially into political and
judicial processes in Pakistan;
(iii) dismantling improvised explosive device
(IED) networks and interdicting precursor chemicals used in the manufacture of
IEDs;
(iv) preventing the proliferation of
nuclear-related material and expertise;
(v) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts, assistance programs, and
Department of State operations in Pakistan; and
(vi) providing humanitarian organizations access
to detainees, internally displaced persons, and other Pakistani civilians
affected by the conflict.
(B) The Secretary of State may waive the
requirements of subparagraph (A) if it is important to the national security
interests of the United States.
(2)
Assistance
(A) Funds appropriated by this Act under the
heading Foreign Military Financing Program for assistance for
Pakistan may be made available only to support counterterrorism and
counterinsurgency capabilities in Pakistan.
(B) Funds appropriated by this Act under the
headings Economic Support Fund and Nonproliferation,
Anti-terrorism, Demining, and Related Programs that are available for
assistance for Pakistan shall be made available to interdict precursor
materials from Pakistan to Afghanistan that are used to manufacture improvised
explosive devices, including calcium ammonium nitrate; to support programs to
train border and customs officials in Pakistan and Afghanistan; and for
agricultural extension programs that encourage alternative fertilizer use among
Pakistani farmers.
(C) Funds appropriated by this Act under the
heading “Economic Support Fund” that are made available for assistance for
infrastructure projects in Pakistan shall be implemented in a manner consistent
with section 507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles
III and IV for assistance for Pakistan may be made available notwithstanding
any other provision of law, except for this subsection and section 620M of the
Foreign Assistance Act of 1961, as amended by this Act.
(E) Of the funds appropriated by this Act under
the heading Foreign Military Financing Program and made
available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees on Appropriations that
Dr. Shakil Afridi has been released from prison and cleared of all charges
relating to the assistance provided to the United States in locating Osama bin
Laden.
(3)
Reports
(A)
(i) The spend plan required by section 7076 of
this Act for assistance for Pakistan shall include achievable and sustainable
goals, benchmarks for measuring progress, and expected results regarding
combating poverty and furthering development in Pakistan, countering extremism,
and establishing conditions conducive to the rule of law and transparent and
accountable governance:
Provided, That such benchmarks
may incorporate those required in title III of Public Law 111–73, as
appropriate:
Provided further,
That not later than 6 months after submission of such spend plan, and each 6
months thereafter until September 30, 2015, the Secretary of State shall submit
a report to the Committees on Appropriations on the status of achieving the
goals and benchmarks in such plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report required by paragraph
(A)(i) indicates that Pakistan is failing to make measurable progress in
meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of
this Act, the Secretary of State shall submit a report to the Committees on
Appropriations detailing the costs and objectives associated with significant
infrastructure projects supported by the United States in Pakistan, and an
assessment of the extent to which such projects achieve such objectives.
(e)
Sri Lanka
(1) None of the funds appropriated by this Act
under the heading Foreign Military Financing Program or under
the Arms Export Control Act may be made available for assistance for Sri Lanka,
no defense export license may be issued, and no military equipment or
technology shall be sold or transferred to Sri Lanka pursuant to the
authorities contained in this Act or any other Act, unless the Secretary of
State certifies to the Committees on Appropriations that the Government of Sri
Lanka is meeting the conditions that appear under such heading in the report
accompanying this Act.
(2) Paragraph (1) shall not apply to assistance
for humanitarian demining, disaster relief, and aerial and maritime
surveillance.
(3) If the Secretary makes the certification
required in paragraph (1), funds appropriated under the heading Foreign
Military Financing Program that are made available for assistance for
Sri Lanka should be used to support the recruitment of Tamils into the Sri
Lankan military in an inclusive and transparent manner, Tamil language training
for Sinhalese military personnel, and human rights training for all military
personnel.
(4) The Secretary of the Treasury shall
instruct the United States executive directors of the international financial
institutions to vote against any loan, agreement, or other financial support
for Sri Lanka except to meet basic human needs, unless the Secretary of State
certifies to the Committees on Appropriations that the Government of Sri Lanka
is meeting the conditions that appear under such heading in the report
accompanying this Act.
(f)
Regional cross border
programs
Funds appropriated
by this Act under the heading Economic Support Fund for
assistance for Afghanistan and Pakistan may be provided, notwithstanding any
other provision of law that restricts assistance to foreign countries, for
cross border stabilization and development programs between Afghanistan and
Pakistan, or between either country and the Central Asian countries.
Prohibition of payments to united nations
members
7046. None of the funds appropriated or made
available pursuant to titles III through VI of this Act for carrying out the
Foreign Assistance Act of 1961, may
be used to pay in whole or in part any assessments, arrearages, or dues of any
member of the United Nations or, from funds appropriated by this Act to carry
out chapter 1 of part I of the Foreign
Assistance Act of 1961, the costs for participation of another
country's delegation at international conferences held under the auspices of
multilateral or international organizations.
War crimes
tribunals
7047.
(a) If the President determines that doing so
will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may direct a
drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to
$30,000,000 of commodities and services for the
United Nations War Crimes Tribunal established with regard to the former
Yugoslavia by the United Nations Security Council or such other tribunals or
commissions as the Council may establish or authorize to deal with such
violations, without regard to the ceiling limitation contained in paragraph (2)
thereof:
Provided, That the determination
required under this section shall be in lieu of any determinations otherwise
required under section 552(c):
Provided further,
That funds made available pursuant to this section shall be made available
subject to the regular notification procedures of the Committees on
Appropriations.
(b) Notwithstanding any other provision of law,
funds appropriated by this Act may be made available for training and technical
assistance for, and professional and in-kind support of, the International
Criminal Court in its investigations, apprehensions, and prosecutions of Joseph
Kony, Omar al-Bashir, Bashar al-Assad, and other such high profile non-allied
foreign nationals who are accused of genocide, crimes against humanity, or war
crimes:
Provided, That the Secretary of
State shall consult with the appropriate congressional committees on the
specific types of assistance and support to be provided.
UNITED
NATIONS
7048.
(a)
Transparency and
accountability
Of the funds appropriated under title I and under
the heading International Organizations and Programs in title V
of this Act that are available for contributions to the United Nations, any
United Nations agency, or the Organization of American States, 15 percent may
not be obligated for such organization or agency until the Secretary of State
reports to the Committees on Appropriations that the organization or agency
is—
(1) posting on a
publicly available Web site, consistent with privacy regulations and due
process, regular financial and programmatic audits of such organization or
agency, and providing the United States Government with necessary access to
such financial and performance audits; and
(2) implementing best
practices for the protection of whistleblowers from retaliation, including best
practices for—
(A) protection
against retaliation for internal and lawful public disclosures;
(B) legal burdens of
proof;
(C) statutes of
limitation for reporting retaliation;
(D) access to
independent adjudicative bodies, including external arbitration; and
(E) results that
eliminate the effects of proven retaliation.
(b)
Organizations
(1) None of the funds
made available under title I of this Act may be used by the Secretary of State
as a contribution to any organization, agency, or program within the United
Nations system if such organization, agency, commission, or program is chaired
or presided over by a country the government of which the Secretary of State
has determined, for purposes of section 620A of the Foreign Assistance Act of
1961, section 40 of the Arms Export Control Act, section 6(j)(1) of the Export
Administration Act of 1979, or any other provision of law, is a government that
has repeatedly provided support for acts of international terrorism.
(2) The Secretary of
State may waive the restriction in this subsection if the Secretary reports to
the Committees on Appropriations that to do so is in the national interest of
the United States.
(c)
United nations human rights
council
Funds appropriated by
this Act may be made available for voluntary contributions or payments of
United States assessments in support of the United Nations Human Rights Council
only if the Secretary of State reports to the Committees on Appropriations that
participation in the Council is in the national interest of the United
States.
(d)
Report
Not
later than 45 days after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing the amount of
funds available for obligation or expenditure in fiscal year 2014 under the
headings Contributions to International Organizations and
International Organizations and Programs that are withheld from
obligation or expenditure due to any provision of law:
Provided, That the Secretary
shall update such report each time additional funds are withheld by operation
of any provision of law:
Provided further,
That the reprogramming of any withheld funds identified in such report,
including updates thereof, shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
Community-based police
assistance
7049.
(a)
Authority
Funds made available by titles III and IV
of this Act to carry out the provisions of chapter 1 of part I and chapters 4
and 6 of part II of the Foreign Assistance Act of 1961, may be used,
notwithstanding section 660 of that Act, to enhance the effectiveness and
accountability of civilian police authority through training and technical
assistance in human rights, the rule of law, anti-corruption, strategic
planning, and through assistance to foster civilian police roles that support
democratic governance, including assistance for programs to prevent conflict,
respond to disasters, address gender-based violence, and foster improved police
relations with the communities they serve.
(b)
Notification
Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the Committees on
Appropriations.
Enterprise
funds
7050.
(a) Prior to the distribution of any assets
resulting from any liquidation, dissolution, or winding up of an Enterprise
Fund, in whole or in part, the President shall submit to the Committees on
Appropriations, in accordance with the regular notification procedures of the
Committees on Appropriations, a plan for the distribution of the assets of the
Enterprise Fund.
(b) Funds made available under titles III
through VI of this Act for Enterprise Funds shall be expended at the minimum
rate necessary to make timely payment for projects and activities and no such
funds may be available except through the regular notification procedures of
the Committees on Appropriations.
Conferences
7051.
(a) None of the funds made available in this
Act may be used to send or otherwise pay for the attendance of more than 50
employees of agencies or departments of the Government of the United States who
are stationed in the United States, at any single international conference
occurring outside the United States, unless the Secretary of State reports to
the Committees on Appropriations at least 5 days in advance that the additional
employees will not perform a redundant function and such attendance is
important to the national interest:
Provided, That for purposes of
this section the term international conference shall mean a
conference attended by representatives of the Government of the United States
and of foreign governments, international organizations, or nongovernmental
organizations.
(b) The head of any Executive branch
department, agency, board, commission, or office funded by this Act shall
submit annual reports to the Inspector General or senior ethics official for
any entity without an Inspector General, regarding the costs and contracting
procedures related to each conference held by any such department, agency,
board, commission, or office during fiscal year 2014 for which the cost to the
United States Government was more than
$100,000.
(c) Each report
submitted shall include, for each conference described in subsection (a) held
during the applicable period—
(1) a description of
its purpose;
(2) the number of
United States Government participants attending;
(3) a detailed
statement of the costs to the United States Government, including—
(A) the cost of any
food or beverages;
(B) the cost of any
audio-visual services;
(C) the cost of
employee or contractor travel to and from the conference; and
(D) a discussion of
the methodology used to determine which costs relate to the conference;
and
(4) a description of
the contracting procedures used including—
(A) whether contracts
were awarded on a competitive basis; and
(B) a discussion of
any cost comparison conducted by the departmental component or office in
evaluating potential contractors for the conference.
(d) Within 15 days of
the date of a conference held by any Executive branch department, agency,
board, commission, or office funded by this Act during fiscal year 2014 for
which the cost to the United States Government was more than
$20,000, the head of any such department,
agency, board, commission, or office shall notify the Inspector General or
senior ethics official for any entity without an Inspector General, of the
date, location, and number of employees attending such conference.
(e) A grant or
contract funded by amounts appropriated by this Act may not be used for the
purpose of defraying the costs of a conference described in subsection (a) that
is not directly and programmatically related to the purpose for which the grant
or contract was awarded, such as a conference held in connection with planning,
training, assessment, review, or other routine purposes related to a project
funded by the grant or contract.
(f) None of the funds
made available in this Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget Memorandum
M–12–12 dated May 11, 2012.
aircraft transfer and
coordination
7052.
(a)
Transfer
Authority
Notwithstanding any other provision of law or
regulation, aircraft procured with funds appropriated by this Act and prior
Acts making appropriations for the Department of State, foreign operations, and
related programs under the headings Diplomatic and Consular
Programs, International Narcotics Control and Law
Enforcement, Andean Counterdrug Initiative and
Andean Counterdrug Programs may be used for any other program
and in any region, including for the transportation of active and standby
Civilian Response Corps personnel and equipment during a deployment:
Provided, That the responsibility
for policy decisions and justification for the use of such transfer authority
shall be the responsibility of the Secretary of State and the Deputy Secretary
of State and this responsibility shall not be delegated.
(b)
Property
Disposal
The authority provided in subsection (a) shall apply
only after the Secretary of State determines and reports to the Committees on
Appropriations that the equipment is no longer required to meet programmatic
purposes in the designated country or region:
Provided, That any such transfer
shall be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c)
Aircraft
Coordination
(1) The uses of
aircraft purchased or leased by the Department of State and the United States
Agency for International Development (USAID) with funds made available in this
Act or prior Acts making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under the authority of
the appropriate Chief of Mission:
Provided, That such aircraft may
be used to transport, on a reimbursable or non-reimbursable basis, Federal and
non-Federal personnel supporting Department of State and USAID programs and
activities:
Provided further,
That official travel for other agencies for other purposes may be supported on
a reimbursable basis, or without reimbursement when traveling on a space
available basis:
Provided further,
That in fiscal year 2014 and thereafter, funds received by the Department of
State for the use of aircraft owned, leased, or chartered by the Department of
State may be credited to the Department's Working Capital Fund and shall be
available for expenses related to the purchase, lease, maintenance, chartering,
or operation of such aircraft.
(2) The requirement
and authorities of this subsection shall only apply to aircraft, the primary
purpose of which is the transportation of personnel.
Parking fines and real property taxes owed
by foreign governments
7053. The terms and conditions of section 7055 of
division F of Public Law 111–117 shall apply to this Act:
Provided, That the date
September 30, 2009 in subsection (f)(2)(B) shall be deemed to be
September 30, 2013.
landmines and cluster
munitions
7054.
(a)
Landmines
Notwithstanding any other provision of law,
demining equipment available to the United States Agency for International
Development and the Department of State and used in support of the clearance of
landmines and unexploded ordnance for humanitarian purposes may be disposed of
on a grant basis in foreign countries, subject to such terms and conditions as
the Secretary of State may prescribe.
(b)
Cluster
Munitions
No military assistance shall be furnished for cluster
munitions, no defense export license for cluster munitions may be issued, and
no cluster munitions or cluster munitions technology shall be sold or
transferred, unless—
(1) the submunitions
of the cluster munitions, after arming, do not result in more than 1 percent
unexploded ordnance across the range of intended operational environments, and
the agreement applicable to the assistance, transfer, or sale of such cluster
munitions or cluster munitions technology specifies that the cluster munitions
will only be used against clearly defined military targets and will not be used
where civilians are known to be present or in areas normally inhabited by
civilians; or
(2) such assistance,
license, sale, or transfer is for the purpose of demilitarizing or permanently
disposing of such cluster munitions.
Prohibition on publicity or
propaganda
7055. No part of any appropriation contained in
this Act shall be used for publicity or propaganda purposes within the United
States not authorized before the date of the enactment of this Act by the
Congress:
Provided, That not to exceed
$25,000 may be made available to carry out the
provisions of section 316 of Public Law 96–533.
Limitation on residence
expenses
7056. Of the funds appropriated or made available
pursuant to title II of this Act, not to exceed
$100,500 shall be for official residence
expenses of the United States Agency for International Development during the
current fiscal year.
United states agency for
international development management
(including transfer of
funds)
7057.
(a)
Authority
Up
to $93,000,000 of the funds made available in
title III of this Act to carry out the provisions of part I of the Foreign
Assistance Act of 1961 may be used by the United States Agency for
International Development (USAID) to hire and employ individuals in the United
States and overseas on a limited appointment basis pursuant to the authority of
sections 308 and 309 of the Foreign Service Act of 1980.
(b)
Restrictions
(1) The number of
individuals hired in any fiscal year pursuant to the authority contained in
subsection (a) may not exceed 175.
(2) The authority to
hire individuals contained in subsection (a) shall expire on September 30,
2015.
(c)
Conditions
The
authority of subsection (a) should only be used to the extent that an
equivalent number of positions that are filled by personal services contractors
or other non-direct hire employees of USAID, who are compensated with funds
appropriated to carry out part I of the Foreign Assistance Act of 1961, are
eliminated.
(d)
Program Account
Charged
The account charged for the cost of an individual hired
and employed under the authority of this section shall be the account to which
such individual's responsibilities primarily relate:
Provided, That funds made
available to carry out this section may be transferred to, and merged with,
funds appropriated by this Act in title II under the heading Operating
Expenses.
(e)
Foreign Service
Limited Extensions
Individuals hired and employed by USAID, with
funds made available in this Act or prior Acts making appropriations for the
Department of State, foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980, may be extended
for a period of up to 4 years notwithstanding the limitation set forth in such
section.
(f)
Disaster Surge
Capacity
Funds appropriated under title III of this Act to carry
out part I of the Foreign Assistance Act of 1961 may be used, in addition to
funds otherwise available for such purposes, for the cost (including the
support costs) of individuals detailed to or employed by USAID whose primary
responsibility is to carry out programs in response to natural disasters, or
man-made disasters subject to the regular notification procedures of the
Committees on Appropriations.
(g)
Personal
Services Contractors
Funds appropriated by this Act to carry out
chapter 1 of part I, chapter 4 of part II, and section 667 of the Foreign
Assistance Act of 1961, and title II of the Food for Peace Act (Public Law
83–480), may be used by USAID to employ up to 40 personal services contractors
in the United States, notwithstanding any other provision of law, for the
purpose of providing direct, interim support for new or expanded overseas
programs and activities managed by the agency until permanent direct hire
personnel are hired and trained:
Provided, That not more than 15
of such contractors shall be assigned to any bureau or office:
Provided further,
That such funds appropriated to carry out title II of the Food for Peace Act
(Public Law 83–480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h)
Small
Business
In entering into multiple award indefinite-quantity
contracts with funds appropriated by this Act, USAID may provide an exception
to the fair opportunity process for placing task orders under such contracts
when the order is placed with any category of small or small disadvantaged
business.
(i)
Senior Foreign
Service Limited Appointments
Individuals hired pursuant to the
authority provided by section 7059(o) of division F of Public Law 111–117 may
be assigned to or support programs in Afghanistan or Pakistan with funds made
available in this Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs.
global health
activities
7058.
(a)
In
general
Funds appropriated by
titles III and IV of this Act that are made available for global health
activities including activities relating to research on, and the prevention,
treatment and control of, HIV/AIDS may be made available notwithstanding any
other provision of law except for provisions under the heading Global
Health Programs and the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.),
as amended:
Provided, That of the funds
appropriated under title III of this Act, not less than
$669,500,000 should be made available for family
planning/reproductive health, including in areas where population growth
exacerbates the impact of climate change on humans, including declines in
agricultural productivity and the availability of water, or threatens
biodiversity or endangered species.
(b)
Pandemic response
If the President determines and reports to
the Committees on Appropriations that a pandemic virus is efficient and
sustained, severe, and is spreading internationally, any funds made available
under titles III and IV in this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs may be made
available to combat such virus:
Provided, That funds made
available pursuant to the authority of this subsection shall be subject to
prior consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(c)
Challenge
Grants
Funds appropriated by this Act under the heading
Global Health Programs that are administered by the Office of
the United States Global AIDS Coordinator and made available for programs to
combat HIV/AIDS, shall be made available for countries receiving assistance
from the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund) for
challenge grants:
Provided, That the purpose of
such grants shall be to leverage increases in contributions for activities
supported by the Global Fund from entities such as other multilateral
organizations (including the World Bank, other donor governments, the private
sector, and host country governments) to fund a greater percentage of such host
country governments’ national health budgets:
Provided further,
That not later than 180 days after initiation of such grants program, the
Secretary of State shall submit a report to the Committees on Appropriations
assessing the ability of such grants to leverage such increases in
contributions from sources other than the United States Government and
recommendations for improving this effort.
Gender
equality
7059.
(a)
Gender
Equality
Funds appropriated by this Act shall be made available
to promote gender equality in United States Government diplomatic and
development efforts by raising the status, increasing the participation, and
protecting the rights of women and girls worldwide.
(b)
Women’s
leadership
Of the funds appropriated by title III of this Act,
not less than $50,000,000 shall be made
available to increase leadership opportunities for women in countries where
women and girls suffer discrimination due to law, policy, or practice, by
strengthening protections for women’s political status, expanding women’s
participation in political parties and elections, and increasing women’s
opportunities for leadership positions in the public and private sectors at the
local, provincial, and national levels.
(c)
Gender-Based
violence
(1)
(A) Of the funds
appropriated by titles III and IV of this Act, not less than
$150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to gender-based violence
in countries where it is common in conflict and non-conflict settings.
(B) Funds appropriated by titles III and
IV of this Act that are available to train foreign police, judicial, and
military personnel, including for international peacekeeping operations, shall
address, where appropriate, prevention and response to gender-based violence
and trafficking in persons, and shall promote the integration of women into the
police and other security forces.
(2) Department of
State and USAID gender programs shall incorporate coordinated efforts to combat
a variety of forms of gender-based violence, including child marriage, rape,
female genital cutting and mutilation, and domestic violence, among other forms
of gender-based violence in conflict and non-conflict settings.
(d)
Women, peace,
and security
Not less than
$25,000,000 of the funds appropriated by this
Act under the headings Development Assistance, Economic
Support Fund, International Narcotics Control and Law
Enforcement, Peacekeeping Operations,
International Military Education and Training, and
Foreign Military Financing Program should be made available to
support a multi-year strategy to expand, and improve coordination of, United
States Government efforts to empower women as equal partners in conflict
prevention, peace building, transitional processes, and reconstruction efforts
in countries affected by conflict or in political transition, and to ensure the
equitable provision of relief and recovery assistance to women and girls:
Provided, That the uses of such
funds shall be the responsibility of the Coordinator for Global Women’s Issues
in consultation, as appropriate, with the USAID Senior Coordinator for Gender
Equality and Women’s Empowerment.
SECTOR
ALLOCATIONS
7060.
(a)
Basic and higher education
(1)
Basic education
(A) Of the funds appropriated by title III of
this Act, not less than $501,500,000 should be
made available for assistance for basic education.
(B) Funds appropriated
by title III of this Act for basic education may be made available for a
contribution to the Global Partnership for Education.
(2)
Higher education and scholarships
(A) Of the funds appropriated by title III of
this Act, not less than $225,000,000 shall be
made available for assistance for higher education, of which not less than
$25,000,000 shall be to support such programs in
Africa, including for partnerships between higher education institutions in
Africa and the United States.
(B) Of the funds appropriated by this Act under
the heading Economic Support Fund that are available for
assistance for Egypt, not less than $35,000,000
should be made available for higher education programs including not less than
$10,000,000 for scholarships at not-for-profit
institutions for Egyptian students with high financial need.
(b)
Development grants program
Of the funds appropriated in title III of
this Act, not less than $45,000,000 shall be
made available for the Development Grants Program established pursuant to
section 674 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2008 (division J of Public Law 110–161), primarily
for unsolicited proposals for activities within all sectors, to support grants
of not more than $2,000,000 to small
nongovernmental organizations, universities, and other small entities:
Provided, That funds made
available under this subsection shall remain available until September 30,
2016, and are in addition to other funds available for such purposes.
(c)
Environment Programs
(1)
In general
Of the funds appropriated by this Act, not
less than $1,153,500,000 should be made
available for environment programs.
(2)
Clean energy
The limitation in section 7081(b) of
division F of Public Law 111–117 shall continue in effect during fiscal year
2014 as if part of this Act:
Provided, That the proviso
contained in such section shall not apply.
(3)
Adaptation and mitigation
Funds appropriated by this Act may be made
available for United States contributions to the Least Developed Countries
Fund, the Special Climate Change Fund, the Forest Carbon Partnership Facility,
the Green Climate Fund, and other multilateral environmental funds to support
adaptation and mitigation programs and activities.
(4)
Sustainable landscapes and
biodiversity
Of the funds
appropriated under title III of this Act, not less than
$123,500,000 shall be made available for
sustainable landscapes programs and, in addition, not less than
$225,000,000 shall be made available to protect
biodiversity, and shall not be used to support or promote industrial scale
logging or any other industrial scale extractive activity in areas of primary
tropical forest:
Provided, That such restriction
shall not apply to: (1) such logging or other activity on degraded land; (2)
technical assistance to improve forest management and conservation in existing
concessions where such logging was already occurring prior to the date of
enactment of this Act; (3) activities to strengthen the rule of law in the
forest sector; or (4) support for low impact community management of
forests: Provided further,
That of the funds made available for the Central African Regional Program for
the Environment and other tropical forest programs in the Congo Basin, not less
than $17,500,000 shall be apportioned directly
to the United States Fish and Wildlife Service:
Provided further, That funds made available for the
Department of the Interior (DOI) for programs in the Mayan Biosphere Reserve
shall be apportioned directly to the DOI:
Provided further, That such funds shall also support
programs to protect great apes and other endangered species.
(5)
Wildlife
Poaching and Trafficking
Not less than
$45,000,000 of the funds appropriated under
title III of this Act should be made available to support a comprehensive
strategy to combat the transnational threat of poaching and trafficking in
wildlife and wildlife parts in Africa and Asia, including through wildlife
protection enforcement networks, law enforcement training, and policy
reforms.
(6)
Waste
recycling
Of the funds appropriated under title III of this Act,
not less than $5,000,000 shall be made available
for small grants to support initiatives to recycle waste.
(7)
Toxic
pollution
Of the funds appropriated under title III of this Act,
not less than $5,000,000 shall be made available
for small grants to support initiatives to identify areas severely affected by
toxic pollution and to eliminate the threats to health and the environment
caused by such pollution.
(8)
Authority
Funds appropriated by this Act to carry out
the provisions of sections 103 through 106, and chapter 4 of part II, of the
Foreign Assistance Act of 1961 may be used, notwithstanding any other provision
of law except for the provisions of this subsection and subject to the regular
notification procedures of the Committees on Appropriations, to support
environment programs.
(9)
Extraction of natural resources
(A) Funds appropriated by this Act shall be
made available to promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural resources,
including by strengthening implementation and monitoring of the Extractive
Industries Transparency Initiative, implementing and enforcing section 8204 of
Public Law 110–246 and to prevent the sale of conflict diamonds, and provide
technical assistance to promote independent audit mechanisms and support civil
society participation in natural resource management.
(B)
(i) The Secretary of the Treasury shall inform
the managements of the international financial institutions and post on the
Department of the Treasury’s Web site that it is the policy of the United
States to vote against any assistance by such institutions (including but not
limited to any loan, credit, grant, or guarantee) for the extraction and export
of a natural resource if the government of the country has in place laws,
regulations, or procedures to prevent or limit the public disclosure of company
payments as required by section 1504 of Public Law 111–203, and unless such
government has adopted laws, regulations, or procedures in the sector in which
assistance is being considered for—
(I) accurately accounting for and public
disclosure of payments to the host government by companies involved in the
extraction and export of natural resources;
(II) the
independent auditing of accounts receiving such payments and public disclosure
of the findings of such audits; and
(III) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and bidding documents, allowing
in any such dissemination or disclosure for the redaction of, or exceptions
for, information that is commercially proprietary or that would create
competitive disadvantage.
(ii) The requirements of clause (i) shall not
apply to assistance for the purpose of building the capacity of such government
to meet the requirements of this subparagraph.
(C) The Secretary of the Treasury or the
Secretary of State, as appropriate, shall instruct the United States executive
director of each international financial institution and the United States
representatives to all forest-related multilateral financing mechanisms and
processes that it is the policy of the United States to vote against any
financing to support or promote industrial scale logging or any other
industrial scale extractive activity in areas of primary tropical forest:
Provided, That such restriction
shall not apply to: (1) such logging or other activity on degraded land; (2)
technical assistance to improve forest management and conservation in existing
concessions where such logging was already occurring prior to the date of
enactment of this Act; (3) activities to strengthen the rule of law in the
forest sector; or (4) support for low impact community management of
forests.
(D) Not later than 90
days after enactment of this Act, the Secretary of the Treasury shall post on
the Department of the Treasury’s Web site a report describing for each
international financial institution the amount and type of financing provided,
by country, for the extraction and export of oil, gas, coal, timber, or other
natural resources, and for the construction of large hydroelectric dams, in the
preceding 12 months, and whether each institution considered, in its proposal
for such financing, the extent to which the country has functioning systems
described in section 7060(c)(9)(B)(i).
(E) The Secretary of
the Treasury shall instruct the United States executive director of each
international financial institution that it is the policy of the United States
to oppose any loan, grant, strategy or policy of such institution to support
the construction of any coal-fired power plant or large hydroelectric dam (as
defined in Dams and Development: A New Framework for
Decision-Making, World Commission on Dams (November 2000)).
(10)
Transfer of
funds
The Secretary of State, after consultation with the
Secretary of the Treasury, shall transfer funds made available under the
heading Economic Support Fund to funds appropriated by this Act
under the headings Multilateral Assistance, Funds Appropriated to the
President, International Financial Institutions for additional payments
to funds and facilities enumerated under such heading and in a manner
consistent with the requirements under such headings in the report accompanying
this Act:
Provided, That prior to
exercising such transfer authority the Secretary of State shall consult with
the Committees on Appropriations.
(11)
Continuation of prior law
Section 7081(g)(2) and (4) of division F of
Public Law 111–117 shall continue in effect during fiscal year 2014 as if part
of this Act.
(d)
Food security and agriculture
development
Of the funds
appropriated by title III of this Act, not less than
$1,100,000,000 should be made available for food
security and agriculture development programs, of which
$32,000,000 shall be made available for the Feed
the Future Collaborative Research Innovation Lab:
Provided, That such funds may be
made available notwithstanding any other provision of law to address food
shortages, and, if authorized, for a United States contribution to the
endowment of the Global Crop Diversity Trust.
(e)
Microenterprise and
microfinance
Of the funds
appropriated by this Act, not less than
$250,000,000 should be made available for
microenterprise and microfinance development programs for the poor, especially
women.
(f)
Reconciliation programs
Of
the funds appropriated by this Act under the headings Economic Support
Fund and Development Assistance,
$26,000,000 shall be made available to support
people-to-people reconciliation programs which bring together individuals of
different ethnic, religious, and political backgrounds from areas of civil
strife and war, of which $10,000,000 shall be
made available for such programs in the Middle East:
Provided, That the Administrator
of the United States Agency for International Development shall consult with
the Committees on Appropriations, prior to the initial obligation of funds, on
the uses of such funds: Provided
further, That to the maximum extent practicable, such funds
shall be matched by sources other than the United States Government.
(g)
Trafficking in persons
Of the funds appropriated by this Act under
the headings Development Assistance, Economic Support
Fund, and International Narcotics Control and Law
Enforcement, not less than $43,679,000
shall be made available for activities to combat trafficking in persons
internationally.
(h)
Water and sanitation
Of the funds appropriated by this Act, not
less than $405,000,000 shall be made available
for water and sanitation supply projects pursuant to the Senator Paul Simon
Water for the Poor Act of 2005 (Public Law 109–121).
(i)
Notification requirements
Authorized deviations from funding levels
contained in this section shall be subject to the regular notification
procedures of the Committees on Appropriations.
Uzbekistan
7061. The terms and conditions of section 7076 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2009 (division H of Public Law 111–8) shall apply to funds
appropriated by this Act, except that the Secretary of State may waive the
application of section 7076(a) for a period of not more than 6 months and every
6 months thereafter until September 30, 2015, if the Secretary certifies to the
Committees on Appropriations that the waiver is in the national security
interest and necessary to obtain access to and from Afghanistan for the United
States, and the waiver includes an assessment of progress, if any, by the
Government of Uzbekistan in meeting the requirements in section 7076(a):
Provided, That the Secretary of
State, in consultation with the Secretary of Defense, shall submit a report to
the Committees on Appropriations not later than 12 months after enactment of
this Act and 6 months thereafter, on all United States Government assistance
provided to the Government of Uzbekistan and expenditures made in support of
the Northern Distribution Network in Uzbekistan during the previous 12 months,
including any credible information that such assistance or expenditures are
being diverted for corrupt purposes:
Provided further,
That information provided in the assessment and report required by the previous
provisos shall be unclassified but may be accompanied by a classified annex and
such annex shall indicate the basis for such classification:
Provided further,
That for purposes of the application of section 7076(e) to this Act, the term
assistance shall not include expanded international military
education and training.
Requests for
documents
7062. None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be available to a
nongovernmental organization, including any contractor, which fails to provide
upon timely request any document, file, or record necessary to the auditing
requirements of the United States Agency for International Development.
Overseas private investment
corporation
(including transfer of
funds)
7063.
(a) Whenever the President determines that it
is in furtherance of the purposes of the Foreign Assistance Act of 1961, up to a total
of $20,000,000 of the funds appropriated under
title III of this Act may be transferred to, and merged with, funds
appropriated by this Act for the Overseas Private Investment Corporation
Program Account, to be subject to the terms and conditions of that account:
Provided, That such funds shall
not be available for administrative expenses of the Overseas Private Investment
Corporation:
Provided further,
That designated funding levels in this Act shall not be transferred pursuant to
this section:
Provided further,
That the exercise of such authority shall be subject to the regular
notification procedures of the Committees on Appropriations.
(b) Notwithstanding section 235(a)(2) of the
Foreign Assistance Act of 1961, the authority of subsections (a) through (c) of
section 234 of such Act shall remain in effect until September 30, 2014.
INTERNATIONAL PRISON
CONDITIONS
7064. Not less than
$15,000,000 of the funds appropriated under the
headings Development Assistance, Economic Support
Fund, and International Narcotics Control and Law
Enforcement in this Act shall be made available, notwithstanding
section 660 of the Foreign Assistance Act of 1961, for assistance to eliminate
inhumane conditions in foreign prisons and other detention facilities:
Provided, That decisions
regarding the uses of such funds shall be the responsibility of the Assistant
Secretary of State for Democracy, Human Rights, and Labor (DRL), in
consultation with the Assistant Secretary of State for International Narcotics
Control and Law Enforcement Affairs, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, United States Agency for
International Development, as appropriate:
Provided, That the Assistant
Secretary of State for DRL shall consult with the Committees on Appropriations
prior to the obligation of funds.
Prohibition on use of
torture
7065.
(a) None of the funds made available in this
Act may be used to support or justify the use of torture, cruel, or inhumane
treatment by any official or contract employee of the United States
Government.
(b) Funds appropriated under title IV of this
Act shall be made available, notwithstanding section 660 of the Foreign
Assistance Act of 1961 and following consultation with the Committees on
Appropriations, for assistance to eliminate torture by foreign police, military
or other security forces in countries receiving assistance from funds
appropriated by this Act.
Extradition
7066.
(a) None of the funds appropriated in this Act
may be used to provide assistance (other than funds provided under the headings
International Disaster Assistance, Complex Foreign Crises
Fund, International Narcotics Control and Law
Enforcement, Migration and Refugee Assistance,
Emergency Migration and Refugee Assistance, and
Nonproliferation, Anti-terrorism, Demining and Related
Assistance) for the central government of a country which has notified
the Department of State of its refusal to extradite to the United States any
individual indicted for a criminal offense for which the maximum penalty is
life imprisonment without the possibility of parole or for killing a law
enforcement officer, as specified in a United States extradition
request.
(b) Subsection (a) shall only apply to the
central government of a country with which the United States maintains
diplomatic relations and with which the United States has an extradition treaty
and the government of that country is in violation of the terms and conditions
of the treaty.
(c) The Secretary of State may waive the
restriction in subsection (a) on a case-by-case basis if the Secretary
certifies to the Committees on Appropriations that such waiver is important to
the national interests of the United States.
commercial leasing of defense
articles
7067. Notwithstanding any other provision of law,
and subject to the regular notification procedures of the Committees on
Appropriations, the authority of section 23(a) of the Arms Export Control Act
may be used to provide financing to Israel, Egypt, and North Atlantic Treaty
Organization (NATO) and major non-NATO allies for the procurement by leasing
(including leasing with an option to purchase) of defense articles from United
States commercial suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian application),
if the President determines that there are compelling foreign policy or
national security reasons for those defense articles being provided by
commercial lease rather than by government-to-government sale under such
Act.
Independent states of the former soviet
union
7068.
(a) None of the funds appropriated by this Act
under the headings Global Health Programs, Economic
Support Fund, and International Narcotics Control and Law
Enforcement shall be made available for assistance for a government of
an Independent State of the former Soviet Union if that government directs any
action in violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those violations
included in the Helsinki Final Act:
Provided, That such funds may be
made available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest of the
United States.
(b) Funds appropriated by this Act under the
heading Economic Support Fund may be made available,
notwithstanding any other provision of law, for assistance and related programs
for the countries identified in section 3(c) of the Support for Eastern
European Democracy (SEED) Act of 1989 (Public Law 101–179) and section 3 of the
FREEDOM Support Act (Public Law 102–511) and may be used to carry out the
provisions of those Acts:
Provided, That such assistance
and related programs from funds appropriated by this Act under the headings
Global Health Programs, Economic Support Fund,
and International Narcotics Control and Law Enforcement shall be
administered in accordance with the responsibilities of the coordinator
designated pursuant to section 601 of the Support for Eastern European
Democracy (SEED) Act of 1989 (Public Law 101–179) and section 102 of the
FREEDOM Support Act (Public Law 102–511).
(c) Section 907 of the FREEDOM Support Act
shall not apply to—
(1) activities to support democracy or
assistance under title V of the FREEDOM Support Act and section 1424 of Public
Law 104–201 or non-proliferation assistance;
(2) any assistance provided by the Trade and
Development Agency under section 661 of the Foreign Assistance Act of 1961 (22
U.S.C. 2421);
(3) any activity carried out by a member of the
United States and Foreign Commercial Service while acting within his or her
official capacity;
(4) any insurance, reinsurance, guarantee, or
other assistance provided by the Overseas Private Investment Corporation under
title IV of chapter 2 of part I of the Foreign Assistance Act of 1961 (22
U.S.C. 2191 et seq.);
(5) any financing provided under the
Export-Import Bank Act of 1945; or
(6) humanitarian assistance.
international monetary fund
7069.
(a) The terms and conditions of sections
7086(b) (1) and (2) and 7090(a) of division F of Public Law 111–117 shall apply
to this Act.
(b) The Secretary of the Treasury shall
instruct the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
(c) The Secretary of the Treasury shall seek to
ensure that the IMF is implementing best practices for the protection of
whistleblowers from retaliation, including best practices for—
(1) protection
against retaliation for internal and lawful public disclosures;
(2) legal burdens of
proof;
(3) statutes of
limitation for reporting retaliation;
(4) access to
independent adjudicative bodies, including external arbitration; and
(5) results that
eliminate the effects of proven retaliation.
(d)
(1) Section 17 of the Bretton Woods Agreements
Act (22 U.S.C. 286e–2) is amended in subsections (b)(1) and (b)(2) by adding at
the end in both subsections, after Fund, only to the
extent that such amounts are not subject to rescission.
(2) The Bretton Woods Agreements Act (22
U.S.C. 286 et seq.) is amended by adding at the end the following:
71.
Acceptance of
Amendments to the Articles of Agreement of the Fund
The United States Governor of the Fund may
accept the amendments to the Articles of Agreement of the Fund as proposed in
resolution 66–2 of the Board of Governors of the Fund.
72.
Quota
Increase
(a)
In
General
The United States
Governor of the Fund may consent to an increase in the quota of the United
States in the Fund equivalent to 40,871,800,000 Special Drawing Rights.
(b)
Subject to
Appropriations
The authority
provided by subsection (a) shall be effective only to such extent or in such
amounts as are provided in advance in appropriations
Acts.
.
Disability
programs
7070.
(a) Funds appropriated by this Act under the
heading Economic Support Fund shall be made available for
programs and activities administered by the United States Agency for
International Development (USAID) to address the needs and protect and promote
the rights of people with disabilities in developing countries, including
initiatives that focus on independent living, economic self-sufficiency,
advocacy, education, employment, transportation, sports, and integration of
individuals with disabilities, including for the cost of translation.
(b) Of the funds made available by this
section, up to 7 percent may be for management, oversight, and technical
support.
Procurement
Reform
7071.
(a) Notwithstanding any
other provision of law, the Administrator of the United States Agency for
International Development (USAID) may, with funds made available in this Act
and prior acts making appropriations for the Department of State, foreign
operations, and related programs, award contracts and other acquisition
instruments in which competition is limited to local entities if doing so would
result in cost savings, develop local capacity, or enable the USAID
Administrator to initiate a program or activity in appreciably less time than
if competition were not so limited, and such local entities are deemed by the
USAID Administrator to be capable of effectively meeting the requirements of
the contracts or instruments:
Provided, That the authority
provided in this section may not be used to make awards in excess of
$5,000,000 and shall not exceed more than 10
percent of the funds made available to USAID under this Act for assistance
programs.
(b) For the purposes
of this section, local-entity means an individual, a corporation, a nonprofit
organization, or another body of persons that—
(1) is legally
organized under the laws of;
(2) has as its
principal place of business or operations in; and
(3) either is—
(A) a for-profit
entity majority owned and operated by individuals who are citizens or lawful
permanent residents of; or
(B) a non-profit
entity majority operated and managed by individuals who are citizens or lawful
permanent residents of;
a country receiving assistance from
funds appropriated under title III of this Act.
(c) For purposes of
this section, majority owned and managed by
include, without limitation, beneficiary interests and the power, either
directly or indirectly, whether exercised or exercisable, to control the
election, appointment, or tenure of the organization’s managers or a majority
of the organization’s governing body by any means.
GLOBAL INTERNET
FREEDOM
7072.
(a) Of the funds
appropriated under titles I and III of this Act, not less than
$44,600,000 shall be made available for programs
to promote Internet freedom globally:
Provided, That such programs
shall be prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national interests of
the United States:
Provided further,
That funds made available pursuant to this section shall be matched, to the
maximum extent practicable, by sources other than the United States Government,
including from the private sector.
(b) Funds made
available pursuant to subsection (a) shall be—
(1) coordinated with
other democracy, governance, and broadcasting programs funded by this Act under
the headings International Broadcasting Operations,
Economic Support Fund, Democracy Fund, and
Complex Foreign Crises Fund, and shall be incorporated into
country assistance, democracy promotion, and broadcasting strategies, as
appropriate;
(2) made available to
the Bureau of Democracy, Human Rights, and Labor, Department of State and the
United States Agency for International Development (USAID) for programs to
implement the May 2011, International Strategy for Cyberspace and the
comprehensive strategy to promote Internet freedom and access to information in
Iran, as required by section 414 of Public Law 112–158;
(3) made available to
the Broadcasting Board of Governors (BBG) to provide tools and techniques to
access the Internet Web sites of BBG broadcasters that are censored, and to
work with such broadcasters to promote and distribute such tools and
techniques, including digital security techniques;
(4) made available
for programs that support the efforts of civil society to counter the
development of repressive Internet-related laws and regulations, including
countering threats to Internet freedom at international organizations; to
combat violence against bloggers and other users; and to enhance digital
security training and capacity building for democracy activists; and
(5) made available
for research of key threats to Internet freedom; the continued development of
technologies that provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering, and other
censorship techniques used by authoritarian governments; and maintenance of the
United States Government’s technological advantage over such censorship
techniques:
Provided, That the Secretary of
State, in consultation with the BBG, shall coordinate any such research and
development programs with other relevant United States Government departments
and agencies in order to share information, technologies, and best practices,
and to assess the effectiveness of such technologies.
(c) Not later than 90
days after enactment of this Act, the Secretary of State, the USAID
Administrator, and the BBG shall submit to the appropriate congressional
committees a spend plan for funds made available by this Act for programs to
promote Internet freedom globally, which shall include a description of
safeguards established by relevant agencies to ensure that such programs are
not used for illicit purposes:
Provided, That the Secretary of
State shall include a summary of all United States Government Internet freedom
spend plans demonstrating that there is no unnecessary overlap between the
Department and the other agencies, and that the spend plans support coordinated
strategic priorities.
BORDER CROSSING CARD FEE FOR
MINORS
7073. Section 410(a)(1)(A) of title IV of the
Department of State and Related Agencies Appropriations Act, 1999 (contained in
division A of Public Law 105–277) is amended by striking a fee of
$13 and inserting a fee equal to
one-half the fee that would otherwise apply for processing a machine readable
combined border crossing identification card and nonimmigrant
visa.
special defense acquisition
fund
7074. Not to exceed
$100,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the Special
Defense Acquisition Fund (Fund), to remain available for obligation until
September 30, 2016:
Provided, That the provision of
defense articles and defense services to foreign countries or international
organizations from the Fund shall be subject to the concurrence of the
Secretary of State.
UNITED NATIONS POPULATION
FUND
7075.
(a)
Contribution
Of the funds made available under the
heading International Organizations and Programs in this Act for
fiscal year 2014, $39,500,000 shall be made
available for the United Nations Population Fund (UNFPA).
(b)
Availability of funds
Funds appropriated by this Act for UNFPA,
that are not made available for UNFPA because of the operation of any provision
of law, shall be transferred to the ‘‘Global Health Programs’’ account and
shall be made available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the Committees on
Appropriations.
(c)
Prohibition on use of funds in
China
None of the funds made
available by this Act may be used by UNFPA for a country program in the
People’s Republic of China.
(d)
Conditions on availability of
funds
Funds made available by
this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by
this Act in an account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
operating and spend
plans
7076.
(a)
Operating
Plans
Not later than 45 days
after the date of enactment of this Act, each department, agency, or
organization funded in titles I and II, and the Independent Agencies funded in
title III of this Act shall submit to the Committees on Appropriations an
operating plan for funds appropriated to such department, agency, or
organization in such titles of this Act, or funds otherwise available for
obligation in fiscal year 2014, that provides details of the use of such funds
at the program, project, and activity level.
(b)
Spend
Plans
Prior to the initial obligation of funds, the Secretary of
State, in consultation with the Administrator of the United States Agency for
International Development (USAID), shall submit to the Committees on
Appropriations a detailed spend plan for funds made available by this Act under
title III, and under title IV where applicable, for—
(1) assistance for
Afghanistan, Colombia, Egypt, Haiti, Iraq, Lebanon, Libya, Mexico, Pakistan,
the West Bank and Gaza, and Yemen;
(2) the Trans-Sahara
Counterterrorism Partnership program and the Partnership for Regional East
Africa Counterterrorism program; and
(3) food security and
agriculture development programs.
(c) Not later than 45
days after enactment of this Act, the USAID Administrator shall submit to the
Committees on Appropriations a detailed spend plan for funds made available
during fiscal year 2014 under the heading Development Credit
Authority.
(d) Not later than 45
days after enactment of this Act, the Secretary of the Treasury shall submit to
the Committees on Appropriations a detailed spend plan for funds made available
by this Act under the headings Department of the Treasury in
title III and International Financial Institutions in title
V.
(e)
Notifications
The
spend plans referenced in subsections (b), (c) and (d) shall not be considered
as meeting the notification requirements in this Act or under section 634A of
the Foreign Assistance Act of 1961.
DEPARTMENT OF STATE ORGANIZATION
7077. The Secretary of State may, after
consultation with the appropriate congressional committees, transfer to such
other officials or offices of the Department of State as the Secretary may
determine from time to time any authority, duty, or function assigned by
statute to the Coordinator for Counterterrorism, the Coordinator for
Reconstruction and Stabilization, or the Coordinator for International Energy
Affairs.
TRANSPARENCY, GOVERNANCE, AND
OVERSIGHT REQUIREMENTS
7078.
(a)
Related Programs
Accounts
Each organization funded under the heading
Related Programs in title I of this Act shall submit a report to
the Committees on Appropriations not later than 90 days after enactment of this
Act on the organization’s policies and procedures, as applicable, for the
twelve governance, accountability, and transparency-related requirements
specified in the Government Accountability Office report, Federally Created
Entities: An Overview of Key Attributes (GAO–10–97).
(b)
Other
Commissions Accounts
Commissions funded under the heading
Other Commissions in title I of this Act shall submit a report
to the Committees on Appropriations not later than 90 days after enactment of
this Act on:
(1) The commission’s
policies and procedures to ensure compliance with—
(A) Federal employee
regulations;
(B) Federal
procurement regulations, including for individual contractors;
(C) Federal travel
regulations; and
(D) EEOC and
whistleblower protection; and
(2) The manner in
which the following commission functions are carried out—
(A) budget,
financial, and procurement;
(B) oversight and
audit; and
(C) human resources
management and other administrative functions.
(c)
Requirements
included in authorizing legislation of organizations and
commissions
The reports required in subsections (a) and (b) shall
include identification of any of the items listed above with which the
organization or commission is not required by its authorizing legislation to
comply.
BUYING POWER MAINTENANCE,
INTERNATIONAL ORGANIZATIONS
7079.
(a) There may be established in the Treasury of
the United States a Buying Power Maintenance, International
Organizations account.
(b) At the end of
each fiscal year, the Secretary of State may transfer to and merge with
Buying Power Maintenance, International Organizations such
amounts from Contributions to International Organizations as the
Secretary determines are in excess of the needs of activities funded from
Contributions to International Organizations because of
fluctuations in foreign currency exchange rates.
(c) In order to
offset adverse fluctuations in foreign currency exchange rates, the Secretary
of State may transfer to and merge with Contributions to International
Organizations such amounts from Buying Power Maintenance,
International Organizations as the Secretary determines are necessary
to provide for the activities funded from Contributions to International
Organizations.
(d)
(1) Subject to the
limitations contained in this section, not later than the end of the fifth
fiscal year after the fiscal year for which funds are appropriated or otherwise
made available for Contributions to International Organizations,
the Secretary of State may transfer any unobligated balance of such funds to
the Buying Power Maintenance, International Organizations
account.
(2) The balance of
the Buying Power Maintenance, International Organizations account may not
exceed $50,000,000 as a result of any transfer
under this subsection.
(3) Any transfer
pursuant to this subsection shall be treated as a reprogramming of funds under
section 34 of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2706) and shall be available for obligation or expenditure only in accordance
with the procedures under such section.
(e)
(1) Funds transferred to
the Buying Power Maintenance, International Organizations
account pursuant to this section shall remain available until expended.
(2) The transfer
authorities in this section shall be available for funds appropriated for
fiscal year 2014 and for each fiscal year thereafter, and are in addition to
any transfer authority otherwise available to the Department of State under
other provisions of law.
TRANSFER OF EXPIRED BALANCES TO
THE PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
ACCOUNT
7080. The Secretary of State may transfer to, and
merge with, funds under the heading Protection of Foreign Missions and
Officials unobligated balances of expired funds appropriated under the
heading Diplomatic and Consular Programs for fiscal year 2014
and for each fiscal year thereafter, except for funds designated for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act of 1985, at no later
than the end of the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated:
Provided, That not more than
$50,000,000 may be transferred in any single
fiscal year.
COMMUNITY DEVELOPMENT
FUNDS
7081. Funds appropriated under this Act to carry
out part I of the Foreign Assistance Act of 1961 which are made available
through grants or cooperative agreements to strengthen food security in
developing countries and which are consistent with the goals of title II of the
Food for Peace Act may be deemed to be expended on nonemergency food assistance
for purposes of section 412(e)(1) of the Food for Peace Act (7 U.S.C.
1736f(e)(1)).
ESTABLISHMENT OF THE
BROADCASTING BOARD OF GOVERNORS CHIEF EXECUTIVE OFFICER
POSITION
7082.
(a)
(1) Section 305(a)(11) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6204(a)(11)) is
amended—
(A) by striking (11) and
inserting (11)(A); and
(B) by adding at the end the following new
subparagraph:
(B) To appoint a Chief Executive Officer
for a 5-year term, renewable at the Board’s discretion, subject to the
provisions of title 5, United States Code, governing appointments,
classification, and compensation; and to remove the Chief Executive Officer
upon a two-thirds majority vote of the members of the Board then
serving.
.
(2)
(A) Not later than 180 days
after the date of the enactment of this Act, the Broadcasting Board of
Governors shall appoint a Chief Executive Officer as authorized under section
305(a)(11) of the United States International Broadcasting Act of 1994 (22
U.S.C. 6204(a)(11)), as amended by paragraph (1).
(B) Immediately upon appointment of the Chief
Executive Officer under subparagraph (A), the Director of the International
Broadcasting Bureau shall be terminated, and all of the responsibilities and
authorities of the Director shall be transferred to and assumed by the Chief
Executive Officer.
(b)
(1) Section 307 of the
United States International Broadcasting Act of 1994 (22 U.S.C. 6206) is
amended—
(A) in subsection (a), by adding at the
end the following: The Bureau shall operate under the direction of the
Chief Executive Officer.;
(B) by striking subsection (b); and
(C) in subsection (c)—
(i) in the subsection heading, by
striking Director and inserting Chief Executive
Officer; and
(ii) by striking The
Director and inserting The Chief Executive
Officer.
(2) Section 305 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6204), as amended by
subsection (a), is further amended—
(A) by amending subsection (b) to read as
follows:
(b)
Authorities;
delegation
The Chief Executive Officer shall have sole
responsibility to carry out the authorities enumerated in paragraphs (1), (5),
(6), (7), (8), (10), (11)(A), (12), (13), (14), (15), (16), (17), (18), and
(19) of subsection (a) subject to the supervision of the Board. The Board may
delegate the responsibilities enumerated in paragraphs (2), (3), (4), and (9)
of such subsection. The authority under paragraph 11(B) shall be exercised
solely by the
Board.
;
(B) in subsection (c), by striking
The Director of the Bureau and the grantees identified in sections 6207
and 6208 of this title and inserting The Chief Executive
Officer; and
(C) in subsection (d), by striking
and the Board and inserting , the Board, and the Chief
Executive Officer.
(c) The United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by
inserting after section 309 the following new section:
310.
Broadcast
entities reporting to chief executive officer
(a)
Voice of
america and office of cuba broadcasting
The Directors of Voice of
America and the Office of Cuba Broadcasting are subordinate to, and shall
report to, the Chief Executive Officer of the Broadcasting Board of
Governors.
(b)
RFE/RL,
incorporated, radio free asia, and the middle east broadcast
networks
The Directors of RFE/RL, Incorporated, Radio Free Asia,
and the Middle East Broadcast Networks shall communicate with, and submit
reports to, the Board through the Chief Executive
Officer.
.
CONSULAR NOTIFICATION
COMPLIANCE
7083.
(a)
Petition for
review
(1)
Jurisdiction
Notwithstanding
any other provision of law, a Federal court shall have jurisdiction to review
the merits of a petition claiming violation of Article 36(1)(b) or (c) of the
Vienna Convention on Consular Relations, done at Vienna April 24, 1963, or a
comparable provision of a bilateral international agreement addressing consular
notification and access, filed by an individual convicted and sentenced to
death by any Federal or State court before the date of enactment of this
Act.
(2)
Standard
To
obtain relief, an individual described in paragraph (1) must make a showing of
actual prejudice to the criminal conviction or sentence as a result of the
violation. The court may conduct an evidentiary hearing if necessary to
supplement the record and, upon a finding of actual prejudice, shall order a
new trial or sentencing proceeding.
(3)
Limitations
(A)
Initial
showing
To qualify for review under this subsection, a petition
must make an initial showing that—
(i) a violation of
Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done at
Vienna April 24, 1963, or a comparable provision of a bilateral international
agreement addressing consular notification and access, occurred with respect to
the individual described in paragraph (1); and
(ii) if such
violation had not occurred, the consulate would have provided assistance to the
individual.
(B)
Effect of prior
adjudication
A petition for review under this subsection shall
not be granted if the claimed violation described in paragraph (1) has
previously been adjudicated on the merits by a Federal or State court of
competent jurisdiction in a proceeding in which no Federal or State procedural
bars were raised with respect to such violation and in which the court provided
review equivalent to the review provided in this subsection, unless the
adjudication of the claim resulted in a decision that was based on an
unreasonable determination of the facts in light of the evidence presented in
the prior Federal or State court proceeding.
(C)
Filing
deadline
A petition for review under this subsection shall be
filed within 1 year of the later of—
(i) the date of
enactment of this Act;
(ii) the date on
which the Federal or State court judgment against the individual described in
paragraph (1) became final by the conclusion of direct review or the expiration
of the time for seeking such review; or
(iii) the date on
which the impediment to filing a petition created by Federal or State action in
violation of the Constitution or laws of the United States is removed, if the
individual described in paragraph (1) was prevented from filing by such Federal
or State action.
(D)
Tolling
The
time during which a properly filed application for State post-conviction or
other collateral review with respect to the pertinent judgment or claim is
pending shall not be counted toward the 1-year period of limitation.
(E)
Time limit for
review
A Federal court shall give priority to a petition for
review filed under this subsection over all noncapital matters. With respect to
a petition for review filed under this subsection and claiming only a violation
described in paragraph (1), a Federal court shall render a final determination
and enter a final judgment not later than one year after the date on which the
petition is filed.
(4)
Habeas
petition
A petition for review under this subsection shall be
part of the first Federal habeas corpus application or motion for Federal
collateral relief under chapter 153 of title 28, United States Code, filed by
an individual, except that if an individual filed a Federal habeas corpus
application or motion for Federal collateral relief before the date of
enactment of this Act or if such application is required to be filed before the
date that is 1 year after the date of enactment of this Act, such petition for
review under this subsection shall be filed not later than 1 year after the
enactment date or within the period prescribed by paragraph (3)(C)(iii),
whichever is later. No petition filed in conformity with the requirements of
the preceding sentence shall be considered a second or successive habeas corpus
application or subjected to any bars to relief based on preenactment
proceedings other than as specified in paragraph (2).
(5)
Referral to
magistrate
A Federal court acting under this subsection may refer
the petition for review to a Federal magistrate for proposed findings and
recommendations pursuant to 28 U.S.C. 636(b)(1)(B).
(6)
Appeal
(A)
In
general
A final order on a petition for review under paragraph
(1) shall be subject to review on appeal by the court of appeals for the
circuit in which the proceeding is held.
(B)
Appeal by
petitioner
An individual described in paragraph (1) may appeal a
final order on a petition for review under paragraph (1) only if a district or
circuit judge issues a certificate of appealability. A district or circuit
court judge shall issue or deny a certificate of appealability not later than
30 days after an application for a certificate of appealability is filed. A
district judge or circuit judge may issue a certificate of appealability under
this subparagraph if the individual has made a substantial showing of actual
prejudice to the criminal conviction or sentence of the individual as a result
of a violation described in paragraph (1).
(b)
Violation
(1)
In
general
An individual not covered by subsection (a) who is
arrested, detained, or held for trial on a charge that would expose the
individual to a capital sentence if convicted may raise a claim of a violation
of Article 36(1)(b) or (c) of the Vienna Convention on Consular Relations, done
at Vienna April 24, 1963, or of a comparable provision of a bilateral
international agreement addressing consular notification and access, at a
reasonable time after the individual becomes aware of the violation, before the
court with jurisdiction over the charge. Upon a finding of such a
violation—
(A) the consulate of
the foreign state of which the individual is a national shall be notified
immediately by the detaining authority, and consular access to the individual
shall be afforded in accordance with the provisions of the Vienna Convention on
Consular Relations, done at Vienna April 24, 1963, or the comparable provisions
of a bilateral international agreement addressing consular notification and
access; and
(B) the court—
(i) shall postpone
any proceedings to the extent the court determines necessary to allow for
adequate opportunity for consular access and assistance; and
(ii) may enter
necessary orders to facilitate consular access and assistance.
(2)
Evidentiary
hearings
The court may conduct evidentiary hearings if necessary
to resolve factual issues.
(3)
Rule of
construction
Nothing in this subsection shall be construed to
create any additional remedy.
(c)
Definitions
In
this section the term State means any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, and any
territory or possession of the United States.
(d)
Applicability
The
provisions of this section shall apply during the current fiscal year and
hereafter.
DEATH GRATUITY AND OTHER
BENEFITS
7084.
(a)
Death
Gratuity
Section 413 of the Foreign Service Act of 1980 (22
U.S.C. 3973) is amended—
(1) in subsection (a)
by striking at the time of death and inserting at level
II of the Executive Schedule under section 5313 of title 5, United States Code,
at the time of death, except that for employees compensated under local
compensation plans established under section 408 the amount shall be equal to
the greater of either one year’s salary at the time of death, or one year’s
basic salary at the highest step of the highest grade on the local compensation
plan from which the employee was being paid at the time of
death;
(2) by redesignating
subsections (b), (c), and (d) as subsections (d), (e), and (f)
respectively;
(3) by redesignating
subsection (d) as subsection (f); and
(4) by inserting
after subsection (a) the following new subsections:
(b)
Other executive
agencies
The head of an executive agency shall make a death
gratuity payment authorized by this section to the survivors, as defined in
subsection (e), of any employee of that agency who dies as a result of injuries
sustained in the performance of duty abroad while subject to the authority of
the chief of mission pursuant to section 207.
(c)
Interns without
regular salary
The Secretary shall make a special death gratuity
payment of up to $500,000 to the survivors of an
intern serving at a United States diplomatic or consular mission abroad without
a regular salary who dies as a result of an act of terrorism while on duty
abroad, and who is not otherwise compensated under this
section.
;
(5) in subsection
(d), as redesignated by paragraph (2), by inserting at the end the following:
The Secretary may waive the requirement that the survivor be entitled to
elect monthly compensation under section 8133 of title 5, United States Code,
if the survivor would otherwise be entitled to payment under this section and
the Secretary determines such waiver is appropriate under the
circumstances.; and
(6) by amending
subsection (c) to read as follows:
(e)
Order of
payment
A death gratuity payment under this section shall be made
as follows:
(1) First, to the
widow, widower, or domestic partner (as defined by Department of State
regulation).
(2) Second, to the
child, or children in equal shares, if there is no widow, widower, or domestic
partner.
(3) Third, to the
parent, or parents in equal shares, if there is no widow, widower, domestic
partner, or child.
If there is no survivor entitled
to payment under this subsection, no payment shall be
made.
.
(b)
Life insurance
and educational benefits
(1)
In
general
Chapter 4 of the Foreign Service Act of 1980 (22 U.S.C.
3961 et seq.) is amended by adding at the end the following new
sections:
415.
Group life
insurance supplement applicable to those killed in terrorist attacks
(a)
Foreign service
employees
(1)
In
general
Notwithstanding the amounts specified in chapter 87 of
title 5, United States Code, a Foreign Service employee who dies as a result of
injuries sustained while on duty abroad because of an act of terrorism, as
defined in section 140(d) of the Foreign Relations Authorization Act, Fiscal
Years 1998 and 1999 (22 U.S.C. 2656f(d)), shall be eligible for a payment from
the United States in an amount that, when added to the amount of the employee’s
employer-provided group life insurance policy coverage (if any), equals
$400,000. In the case of an employee compensated
under a local compensation plan established under section 408, the amount of
such payment shall be determined by regulations implemented by the Secretary of
State and shall be no greater than
$400,000.
(2)
Designation of
beneficiary
A payment made under paragraph (1) shall be made in
accordance with the order of payment set forth in section 414(e).
(b)
Other executive
agencies
The head of an executive agency shall provide the
additional payment authorized by this section, consistent with the provisions
set forth in subsection (a), with respect to any employee of that agency who
dies as a result of injuries sustained while on duty abroad because of an act
of terrorism, as defined in section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), while
subject to the authority of the chief of mission pursuant to section
207.
416.
Survivors’ and
dependents’ educational assistance
(a)
Foreign service
employees
The Secretary shall provide educational assistance to a
widow, widower, familial designee, or child(ren) of any United States national
Foreign Service employee who dies while on duty abroad as a result of an act of
terrorism, as defined in section 140(d) of the Foreign Relations Authorization
Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)), to meet, in whole or in
part, the expenses incurred by a widow, widower, domestic partner, or
child(ren) in pursuing a program of education at an educational institution,
including subsistence, tuition, fees, supplies, books, equipment, and other
educational costs.
(b)
Other executive
agencies
The head of an executive agency shall provide
educational assistance authorized by this section to a widow, widower, domestic
partner, or child(ren) of any employee of that agency who dies as a result of
an act of terrorism or terrorism, as defined in section 140(d) of the Foreign
Relations Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)),
while on duty abroad and subject to the authority of the chief of mission
pursuant to section 207.
(c)
Amount of
assistance
Educational assistance under this section may be made
available up to the amounts provided for in section 3532 of title 38, United
States Code, as adjusted by section 3564 of such title, and for an aggregate
period not in excess of 48 months.
(d)
Program of
education and educational institution defined
For purposes of
this section, the terms program of education and
educational institution have the meanings given the terms in
section 3501 of title
38.
.
(2)
Clerical
amendment
The table of contents in section 2 of the Foreign
Service Act of 1980 is amended by inserting after the item relating to section
414 the following new items:
Sec. 415. Group life
insurance supplement applicable to those killed in terrorist
attacks.
Sec. 416. Survivors’ and
dependents’ educational
assistance.
.
(c)
Applicability
Notwithstanding
any other provision of law, sections 413, 415, and 416 of the Foreign Service
Act of 1980, as amended or added by this section, shall apply in the case of a
Foreign Service employee or executive branch employee subject to the authority
of the chief of mission pursuant to section 207 of the Foreign Service Act (22
U.S.C. 3927), serving at a United States diplomatic or consular mission abroad,
who died on or after April 18, 1983, as a result of injuries sustained in an
act of terrorism, as defined in section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 2656f(d)).
(d)
Funding
(1)
Diplomatic and
consular programs funds
Amounts made available to the Department
of State pursuant to the sixth proviso under the heading Diplomatic and
Consular Programs in title I of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2008 (division J of Public
Law 110–161) are authorized to be used by the Department of State to pay
benefits or payments made available pursuant to this Act.
(2)
Availability
To
pay benefits or payments made available pursuant to this Act, the Secretary of
State may merge with the amounts described in paragraph (1) unobligated
balances of funds appropriated under the Diplomatic and Consular
Programs heading for fiscal year 2014 and subsequent fiscal years, up
until the end of the fifth fiscal year after the fiscal year for which such
funds were appropriated or otherwise made available.
(3)
Rescission
Of
the unexpended balances available under the heading Export and
Investment Assistance, Export-Import Bank of the United States, Subsidy
Appropriations from prior Acts making appropriations for the Department
of State, foreign operations, and related programs,
$21,000,000 are rescinded.
united states citizenship for
internationally adopted individuals
7085.
(a)
Automatic
citizenship
Section 104 of
the Child Citizenship Act of 2000 (Public Law 106–395; 8 U.S.C. 1431 note) is
amended to read as follows:
104.
Applicability
The amendments made by this title shall
apply to any individual who satisfies the requirements under section 320 or 322
of the Immigration and Nationality Act, regardless of the date on which such
requirements were
satisfied.
.
(b)
Modification of
preadoption visitation requirement
Section 101(b)(1)(F)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(1)(F)(i)) is amended by
striking at least twenty-five years of age, who personally saw and
observed the child prior to or during the adoption proceedings; and
inserting who is at least 25 years of age, at least 1 of whom personally
saw and observed the child before or during the adoption
proceedings;.
(c)
Automatic
citizenship for children of United States citizens who are physically present
in the United States
(1)
In
general
Section 320(a)(3) of the Immigration and Nationality Act
(8 U.S.C. 1431(a)(3)) is amended to read as follows:
(3) The child is
physically present in the United States in the legal custody of the citizen
parent pursuant to a lawful
admission.
.
(2)
Applicability
to individuals who no longer have legal status
Notwithstanding
the lack of legal status or physical presence in the United States, a person
shall be deemed to meet the requirements under section 320 of the Immigration
and Nationality Act, as amended by paragraph (1), if the person—
(A) was born outside
of the United States;
(B) was adopted by a
United States citizen before the person reached 18 years of age;
(C) was legally
admitted to the United States; and
(D) would have
qualified for automatic United States citizenship if the amendments made by
paragraph (1) had been in effect at the time of such admission.
(d)
Retroactive
application
Section 320(b) of the Immigration and Nationality Act
(8 U.S.C. 1431(b)) is amended by inserting , regardless of the date on
which the adoption was finalized before the period at the end.
(e)
Applicability
The
amendments made by this section shall apply to any individual adopted by a
citizen of the United States regardless of whether the adoption occurred prior
to, on, or after the date of the enactment of the
Child Citizenship Act of
2000.
assistance for foreign
nongovernmental organizations
7086. Part I of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq.) is amended by inserting after section 104C the
following new section:
104D.
Eligibility
for Assistance
Notwithstanding
any other provision of law, regulation, or policy, in determining eligibility
for assistance authorized under sections 104, 104A, 104B, and 104C—
(1) a foreign nongovernmental organization
shall not be ineligible for such assistance solely on the basis of health or
medical services, including counseling and referral services, provided by such
organization with non-United States Government funds if such services are
permitted in the country in which they are being provided and would not violate
United States law if provided in the United States; and
(2) a foreign nongovernmental organization
shall not be subject to requirements relating to the use of non-United States
Government funds for advocacy and lobbying activities other than those that
apply to United States nongovernmental organizations receiving assistance under
this
part.
.
use of funds in contravention of
this act
7087. If the executive branch makes a
determination not to comply with any provision of this Act on constitutional
grounds, the head of the relevant Federal agency shall notify the Committees on
Appropriations in writing within 5 days of such determination, the basis for
such determination and any resulting changes to program and policy.
VIII
Overseas Contingency Operations
Department of
State
Administration of foreign
affairs
Diplomatic
and consular programs
(including
transfer of funds)
For an
additional amount for Diplomatic and Consular Programs,
$1,024,908,000, to remain available until
September 30, 2015, of which $900,274,000 is for
Worldwide Security Protection and shall remain available until expended:
Provided, That the Secretary of
State may transfer up to $100,000,000 of the
total funds made available under this heading to any other appropriation of any
department or agency of the United States, upon the concurrence of the head of
such department or agency, to support operations in and assistance for
Afghanistan and to carry out the provisions of the Foreign Assistance Act of
1961:
Provided further, That
any such transfer shall be treated as a reprogramming of funds under
subsections (a) and (b) of section 7015 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set
forth in that section:
Provided further, That
such amount is designated by the Congress for Overseas Contingency Operations
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Conflict stabilization
operations
For an additional
amount for Conflict Stabilization Operations,
$8,500,000, to remain available until expended:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
OFFICE OF INSPECTOR GENERAL
For an additional amount for Office
of Inspector General, $49,650,000, to
remain available until September 30, 2015, which shall be for the Special
Inspector General for Afghanistan Reconstruction for reconstruction
oversight: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
EDUCATIONAL AND CULTURAL
EXCHANGE PROGRAMS
For an
additional amount for Educational and Cultural Exchange
Programs, as authorized, $8,628,000, to
remain available until expended:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Embassy
security, construction, and maintenance
For an additional amount for Embassy
Security, Construction, and Maintenance,
$558,548,000, to remain available until
expended, of which $308,548,000 shall be for the
costs of worldwide security upgrades, acquisition, and construction as
authorized:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
International
organizations
contributions to international
organizations
For an
additional amount for Contributions to International
Organizations, $74,400,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
RELATED
AGENCY
Broadcasting Board of
Governors
international broadcasting
operations
For an additional
amount for International Broadcasting Operations,
$4,400,000:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
RELATED
PROGRAMS
United States Institute of
Peace
For an additional amount
for United States Institute of Peace,
$6,016,000, to remain available until September
20, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
United
states agency for international development
Funds appropriated to the
president
Operating expenses
For an additional amount for
Operating Expenses, $65,350,000,
to remain available until September 30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
office of
inspector general
For an
additional amount for Office of Inspector General,
$5,000,000, to remain available until September
30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Bilateral
Economic Assistance
Funds Appropriated to the
President
International Disaster
Assistance
For an additional
amount for International Disaster Assistance,
$1,005,000,000, to remain available until
September 30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Transition
initiatives
For an additional
amount for Transition Initiatives,
$5,000,000, to remain available until September
30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Economic
support fund
For an additional amount for Economic
Support Fund, $901,500,000, to remain
available until September 30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
Department of
State
Migration and refugee
assistance
For an additional
amount for Migration and Refugee Assistance,
$1,513,000,000, to remain available until
September 30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
complex
foreign crises fund
For an
additional amount for Complex Crises Fund,
$535,000,000, to remain available until
September 30, 2015, of which not less than
$200,000,000 shall be made available for
assistance for Jordan:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
International security
assistance
Department of
state
International narcotics control
and law enforcement
For an
additional amount for International Narcotics Control and Law
Enforcement, $106,500,000, to remain
available until September 30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
peacekeeping
operations
For an additional
amount for Peacekeeping Operations,
$138,600,000, to remain available until
September 30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985: Provided further,
That of the funds available for obligation under this heading in this Act and
in prior Acts making appropriations for the Department of State, foreign
operations, and related programs, up to
$161,000,000 may be used to pay assessed
expenses of international peacekeeping activities in
Somalia.
Funds appropriated to the
president
Foreign military financing
program
For an additional
amount for Foreign Military Financing Program,
$500,000,000, to remain available until
September 30, 2015:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
MULTILATERAL
ASSISTANCE
Funds appropriated to the
president
International Financial
Institutions
TRANSITION FUND
For payment to the International Bank of
Reconstruction and Development as trustee for the Transition Fund by the
Secretary of the Treasury, $5,000,000, to remain
available until expended:
Provided, That such amount is
designated by the Congress for Overseas Contingency Operations pursuant to
section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act
of 1985.
GENERAL
PROVISIONS
Additional
appropriations
8001. Notwithstanding any other provision of law,
funds appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2014.
EXTENSION OF AUTHORITIES AND
CONDITIONS
8002. Unless otherwise provided for in this Act,
the additional amounts appropriated by this title to appropriations accounts in
this Act shall be available under the authorities and conditions applicable to
such appropriations accounts.
TRANSFER
AUTHORITY
8003.
(a)
Operations
Funds appropriated by this title in this
Act under the headings Diplomatic and Consular Programs and
Embassy Security, Construction, and Maintenance may be
transferred to, and merged with, funds appropriated by this title under such
headings:
Provided, That such transfers
shall be subject to the regular notification procedures of the Committees on
Appropriations: Provided
further, That the transfer authority in this section is in
addition to any transfer authority otherwise available under any other
provision of law.
(b)
Assistance
(1)
Transfer
authority
Funds appropriated by this title under the headings
International Disaster Assistance, Complex Foreign Crises
Fund, Economic Support Fund, Migration and
Refugee Assistance, International Narcotics Control and Law
Enforcement, Nonproliferation, Anti-terrorism, Demining and
Related Programs, Peacekeeping Operations, and
Foreign Military Financing Program may be transferred to, and
merged with, funds appropriated by this title under such headings:
Provided, That such transfers
shall be subject to the regular notification procedures of the Committees on
Appropriations:
Provided further,
That the transfer authority in this section is in addition to any transfer
authority otherwise made available under any other provision of law, including
section 610 of the Foreign Assistance Act of 1961 which may be exercised by the
Secretary of State for the purposes of this title.
(2)
Global security
contingency fund
Notwithstanding any provision of law, not to
exceed $25,000,000 from funds appropriated under
the headings International Narcotics Control and Law Enforcement
and Foreign Military Financing Program by this title may be
transferred to, and merged with, funds previously made available under the
heading Global Security Contingency Fund:
Provided, That such transfer
authority is in addition to any other transfer authority available to the
Department of State, and shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations: Provided further, That the Secretary
of State shall, not later than 15 days prior to obligation, notify the
Committees on Appropriations on a country basis, including the implementation
plan and timeline for each proposed use of such funds.
This Act may be cited as the
Department of State, Foreign
Operations, and Related Programs Appropriations Act, Fiscal Year
2014.
July 25, 2013
Read twice and placed on the calendar